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City Council

Regular Meeting

St. Paul, MN · October 3, 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 Mitra Jalali Nelson Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, October 3, 2018 3:30 PM Council Chambers - 3rd Floor Budget Amendment Public Hearings and Legislative Hearing Items at 3:30 p.m. Public Hearings at 5:30 p.m. ROLL CALL The meeting was called to order by Council President Brendmoen at 3:30 p.m. Present 5 - Councilmember Amy Brendmoen, Councilmember Chris Tolbert, Councilmember Rebecca Noecker, Councilmember Jane L. Prince and Councilmember Mitra Jalali Absent 2 - Councilmember Dan Bostrom and Councilmember Dai Thao COMMUNICATIONS & RECEIVE/FILE 1 AO 18-50 Authorizing the Department of Parks and Recreation to reallocate $66,739 within its various accounting units in the 2018 adopted budget to most accurately reflect the projected actual spending in each accounting unit and provide the appropriate levels of spending authority. Received and filed 2 AO 18-51 Amending ESG activities budgets to include the 2018 Grant award of $566,521.00. Received and filed Councilmember Bostrom arrived after roll call. Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Chris Tolbert, Councilmember Rebecca Noecker, Councilmember Jane L. Prince and Councilmember Mitra Jalali Absent 1 - Councilmember Dai Thao City of Saint Paul Page 1 City Council Minutes - Final October 3, 2018 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 Councilmember Bostrom moved approval of the Consent Agenda. Consent Agenda adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 Absent: 1- Councilmember Thao 3 RES 18-1495 Authorizing Parks & Recreation Department to enter into a cooperative agreement with Ramsey County for sidewalk construction on Plato Boulevard between Water Street and Fillmore Avenue in conjunction with the Robert Piram Regional Trail construction project. Adopted 4 RES 18-1547 Approving the City’s cost of providing Boarding and/or Securing services during July 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902B, Assessment No. 198101) Adopted 5 RES 18-1556 Approving the City’s cost of providing Collection of Vacant Building Registration fees billed during January 23 to July 23, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. VB1903, Assessment No. 198802) Adopted City of Saint Paul Page 2 City Council Minutes - Final October 3, 2018 6 RES 18-1558 Approving the City’s cost of providing Collection of Fire Certificate of Occupancy fees billed during May 14 to June 11, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. CRT1902, Assessment No. 198201) Adopted 7 RES 18-1559 Approving the City’s cost of providing Trash Hauling services during July 3 to 31, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902G, Assessment No. 198701) Adopted 8 RES 18-1560 Approving the City’s cost of providing Excessive Use of Inspection or Abatement services billed during May 22 to June 20, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902E, Assessment No. 198301) Adopted 9 RES 18-1561 Approving the City’s cost of providing Graffiti Removal services during July 23 to August 22, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902P, Assessment No. 198401) Adopted 10 RES 18-1565 Approving the City’s cost of providing Tree Removal services from July to August 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2018 to consider and levy the assessments against individual properties. (File No. 1901T, Assessment No. 199000) Adopted City of Saint Paul Page 3 City Council Minutes - Final October 3, 2018 11 RES 18-1575 Approving the official name St. Paul - Changsha China Friendship Garden for the new garden in Phalen Regional Park, and including the Chinese name of Liu Ming Yuan depicted in three Chinese characters, the Hmong name of LUB VAJ PHOOJ YWG, and the poetic name of St. Paul - Changsha China Friendship Garden of Whispering Willows and Flowing Waters. Adopted 12 RES 18-1626 Approving the Mayor’s appointment of Elsa Perez Vega to a three-year term on the Capital Improvement Budget Committee. Adopted 13 RES 18-1627 Approving the Mayor’s appointment of Leetta Douglas to a three-year term on the Heritage Preservation Commission. Adopted 14 RES 18-1634 Amending the use of grant funds through the Neighborhood STAR Year-Round program for the Northeast Neighborhood Development Corporation. Adopted 15 RES 18-1635 Approving the use of grant funds through the Neighborhood STAR Year-Round Program for the north end lighting project. Adopted 16 RES 18-1637 Establishing the creation of a St. Paul - Ramsey County 2020 Census Joint Complete Count Committee. Adopted 17 RES 18-1645 Approving the Settlement Agreement and Release between the City of St. Paul and Frank Brown and his attorneys Jeff Storms and Andrew Irlbeck. Adopted 18 RES 18-1655 Approving the Mayor’s appointment of Allison Canty, Gregory Egan, Norys Figuera, Jennifer Hansen, Amber Michael, Mor Vue, and Darlene Zangara to three-year terms on the Mayor’s Advisory Committee on People with Disabilities. Adopted City of Saint Paul Page 4 City Council Minutes - Final October 3, 2018 19 RES 18-1656 Approving the Mayor’s reappointment of Kari Sheldon and Sean Kealy to the Mayor’s Advisory Committee on People with Disabilities. Adopted 20 RES 18-1657 Approving the Mayor’s appointment of Kevin Lindsey to a second, five-year term on the board of commissioners of the Saint Paul Public Housing Agency. Adopted 21 RES 18-1658 Approving the Mayor’s appointment of Gy Vameng Chajili as an interim Commissioner to an interim term on the board of the Saint Paul Public Housing Agency. Adopted FOR DISCUSSION Councilmember Thao joined the meeting. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Rebecca Noecker, Councilmember Jane L. Prince and Councilmember Mitra Jalali 22 RLH RR 18-38 Ordering the rehabilitation or razing and removal of the structures at 610 SAINT ALBANS STREET NORTH within fifteen (15) days after the September 26, 2018 City Council public hearing. (Public hearing held September 26; laid over from October 10) (Amend to remove within 15 days) Legislative Hearing Officer Marcia Moermond said since the previous week's hearing, the property owner had decided to rehab rather than demo. She said her original recommendation to require work plan, finances, and coordination with the County's cancellation process remained the same. This was a tax forfeited property which had been purchased on a contract for deed. She said she was satisfied with the rehabilitation work plan from the contractor but was missing financing information. She requested a one-week layover and said she would review the pending construction loan in Legislative Hearings. If the construction loan was not closed at that time she would recommend moving forward with the removal of the property. Councilmember Thao moved to lay the matter over for one week. Laid over to October 10 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 City of Saint Paul Page 5 City Council Minutes - Final October 3, 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 23 Ord 17-29 Amending Chapter 236 of the Legislative Code regarding plastic packaging. (Public hearing held October 4, 2017; laid over from February 20, 2019 for public hearing on March 6) Councilmember Prince said discussions were underway to bring forward a plan and timeline for action on the ordinance and education effort. She moved a five-week layover. Council President Brendmoen made brief comments. Laid over to November 7 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 24 Ord 18-49 Amending the zoning map as recommended in the West Marshall Avenue Zoning Study. Councilmember Jalali Nelson moved an amendment and two-week layover for public hearing and final vote. She reviewed the specific changes. A vote on the motion was taken following discussion among the Council members. Amended; laid over for public hearing on October 17 at 5:30 p.m. Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 First Reading 25 Ord 18-50 Amending Section 409.08 of the Legislative Code to prohibit licensees of exclusive liquor stores which sell tobacco, tobacco-related devices, electronic delivery device, or nicotine or lobelia delivery products from allowing persons under eighteen (18) years of age from entering the store. Laid over to October 10 for second reading City of Saint Paul Page 6 City Council Minutes - Final October 3, 2018 26 Ord 18-51 Granting the application of Dorothy Gherity to rezone the property at 418 Sherburne Avenue from R4 Single Family Residential to T2 Traditional Neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Laid over to October 10 for second reading 27 Ord 18-52 Establishing a Community Advisory Committee for the position of Director of Human Rights and Equal Economic Opportunity pursuant to the provisions Section 11.01 of the Administrative Code. Laid over to October 10 for second reading BUDGET AMENDMENT PUBLIC HEARINGS (3:30 p.m.) 28 RES PH 18-254 Amending the finance and spending plan in the Department of Parks and Recreation in the amount of $400,000 to reflect a Federal Land Access Program (FLAP) grant received for the Robert Piram Regional Trail project. 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 29 RES PH 18-299 Amending the financing and spending plans in the Police Department Special Funds in the amount of $175,000 for the use of fund balance in the VCET Forfeiture fund. 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 LEGISLATIVE HEARING ITEMS FOR DISCUSSION City of Saint Paul Page 7 City Council Minutes - Final October 3, 2018 30 RLH TA 18-478 Ratifying the Appealed Special Tax Assessment for property at 1089 ALBEMARLE STREET. (File No. J1815A, Assessment No. 188544) (Public hearing to be continued to October 17) Legislative Hearing Officer Marcia Moermond said (Legislative Hearing staff member) Mai Vang would be providing interpretation. She said an interpreter had not been requested in advance, and the appellant was agreeable to having Ms. Vang interpret. Ms. Moermond said the issue was clean-up of a television tube from behind the garage. She said the appellant stated she did not receive notification and did not know the television was behind the garage. She said the appellant also stated she took trash out every week behind the garage, which represented contradictory information from the appellant. There was no returned mail to the City to indicate notification was not received. Ms. Moermond showed the video. She said although she didn't find it plausible that notice was not received, there was not an extensive history of violations on this property. She recommended a reduction from $472 to $236 of there were no same or similars within the next two weeks. Appellant: Property owner Brenda Xiong (1089 Albemarle Street) said she requested an interpreter when she came to the Legislative Hearing on August 21 and there was no interpreter provided. She didn't understand and was angry when the Legislative Hearing Officer said she didn't receive the letter. Since she didn't see the television or the notice, that didn't make sense to the Hearing Officer. She said there were times that there was illegal dumping in the back and there were times when she called police and they didn't do anything. In this case see didn't receive the letter or see the television. They were having financial difficulties now and couldn't afford to pay this amount. When the property was lost to the bank they cleaned up a lot of garbage and had kept up the property. She didn't receive the letter and wanted to know where it went so in the future she could take care of the issue. In the future if she requested an interpreter there should be one. Council President Brendmoen said they were hoping to see less illegal dumping with the new garbage collection system. She moved to close the public hearing. Yeas - 7 Nays - 0 Council President Brendmoen said she hated these Legislative Hearings because when something gets dumped in your yard, it was terrible and there was no easy solution. She said she understood that even with a reduction by half it was still a lot of money, and she proposed spreading the reduced amount over three years. Ms. Moermond said they always asked if an interpreter was needed, although if someone arrived late they might not get that information. They used Language Line if someone who was testifying needed an interpreter. Ms. Xiong said her form did indicate she needed an interpreter. She asked what the interest rate was. Ms. Moermond said it was 3.5%. Council President Brendmoen said it was an option and they weren't going to debate it; it was the motion in front of the Council. Councilmember Thao spoke in Hmong then repeated in English that this was a generous proposition for them, and with organized trash collection this would happen less. If there was dumping, Ms. Xiong could call her hauler; he asked that she let her neighbors know. Adopted as amended (assessment reduced and payments spread over three City of Saint Paul Page 8 City Council Minutes - Final October 3, 2018 years) Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 City of Saint Paul Page 9 City Council Minutes - Final October 3, 2018 51 RLH TA 18-477 Ratifying the Appealed Special Tax Assessment for property at 1191 HAMLINE AVENUE NORTH. (File No. J1815A, Assessment No. 188544) (Public hearing to be continued to October 17) Legislative Hearing Officer Marcia Moermond gave a staff report on the assessment related to a summary abatement order for tall grass and weeds. The property owner said she was out of the country and didn't receive notice, and described the yard as garden space. Ms Moermond said it wasn't apparent to the Parks crews that that was the intended use of the yard. She showed the before and after videos. She noted the video showed a large number of volunteer tree growth which the property owner intended to be there. The Parks crew was trying to distinguish what was garden and what was not. She recommended reducing the assessment from $322 to $100 because there was no history at the property. She believed the City had legitimate work at the property and it cost the City money to do it. Councilmember Tolbert said it was hard to see in the video what the City did. He said he suspected this was based on a complaint. He said it seemed like the work was unnecessary to begin with, and the before and after videos seemed very similar. Ms. Moermond said the City's measure is 8" and the City crew did make an effort to distinguish small tress, and between tall grass and weeds, and violets and other flowers. Councilmember Tolbert asked to see the first video again. Ms. Moermond showed the video and noted that the after video showed that dandelions and crab grass had been removed. Councilmember Tolbert said he would let his colleagues and homeowner speak; it cost work for the City to go out there but whether or not they should have done the work in the first place was a question he had. In opposition: Katie Cashel said she appreciated the consideration given at the Legislative Hearing. She said this was not from a complaint. While she away was on a trip, an intern from the program came by and said it should be cut. Her daughter was staying with a neighbor and did get the notice, but it wasn't a meaningful notice given the consequences of not responding. It looked like a standard City bill. The garden was organic, and included volunteer trees, dandelions, which were the first flowers bees needed in the spring, yarrow, lily of the valley. The yard was more wild than others. She tried to grow the volunteer trees to transplant to other places in her yard, and was desperate for the trees in the front to provide shelter for her house. When the City came they weed-whacked and didn't pay attention to what was trees. She came back from her trip to find her property had been invaded, and on top of that she was being charged for it, for something she didn't believe was necessary. She would have been happy to discuss it with the inspector, had she been home. She noted that the garbage in the video was from a neighbor's and had been a continuing problem since the property became a rental, and to her was a bigger problem than her yard. There were many beneficial plants that got ignored by people who didn't have the knowledge she did or care the way she did about the environment. She could appreciate the perspective of the City worker by agreed this was not necessary. The bigger problem may have been the boards against the house that she hadn't had a chance to put away before she left. She said she would appreciate the consideration for having this removed from her record and not having to pay $100. Councilmember Jalali Nelson moved to close the public hearing. Yeas - 7 Nays - 0 Council President Brendmoen said she had similar feelings to Councilmember Tolbert. They recognized people were changing the types of front lawns they had to City of Saint Paul Page 10 City Council Minutes - Final October 3, 2018 pollinator-friendly gardens, but the notice did say very specifically that this had to be taken care of immediately or Parks crews would be dispatched and they charged $160 an hour. Councilmember Noecker asked Ms. Moermond about the nature of complaint coming from an intern. Ms. Moermond said it came in through the complaint line, and an intern investigated and issued orders. Interns were assigned to do tall grass and weeds investigations. Councilmember Noecker asked whether there were accommodations, if the property owner had not been out of town and had been able to call DSI. Ms. Moermond said there would have be a conversation about the expectations. The letter also explained the appeals process. On quite a number of occasions they'd had the opportunity to work with people who have prairie yards, for example. It could be fleshed out better in the ordinance, and they were working on a case by case basis now. Councilmember Jalali Nelson moved the recommendation of the Legislative Hearing Officer. Council President Brendmoen asked Ms. Moermond to review her recommendation. Ms. Moermond said her recommendation was to reduce the assessment from $322 to $100. Council President Brendmoen said what she was hearing was that, had the letter been responded to, there would have been an opportunity for a conversation but that didn't happen, but the work did happen, and the reduction from $322 to $100 didn't cover the cost of the work but acknowledged that this might have been more than what was necessary. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 City of Saint Paul Page 11 City Council Minutes - Final October 3, 2018 75 RLH TA 18-476 Ratifying the Appealed Special Tax Assessment for property at 1374 VAN BUREN AVENUE. (File No. J1815A, Assessment No. 188544) Legislative Hearing Officer Marcia Moermond gave a staff report on the assessment for a property clean up. The property owner was out of the country and had paid a neighbor to clean up the yard. The materials were construction materials, and proper storage was discussed in the hearing. The appellant indicated she was low-income; Ms. Moermond recommended spreading payments over 5 years. She showed videos of the clean-up. The total cost of the assessment was $456 with service charge to $618. There was an extensive history at the property. In opposition: Property owner Gigi Yau said she felt she was being targeted as a vulnerable person. In terms of the history, she felt like every time was like an attack and offense to her. Valuables were taken from her house before, when she couldn't be at home, they would take her keys to go into her house. This time she was out of the country and had hired neighbor to help pay when the job was completed. She felt she did a very good job and was a responsible home-owner. The City sent a letter notifying her of the violation, but she didn't have a chance to read the letter because the mail was stopped. The City didn't check to see if the post office had a stop order. The charge was $160 an hour; she would like to get that kind of pay. She provided documentation that she was extremely low income. Spreading it over five years didn't help because she had outstanding credit card balances because she used credit cards to pay her mortgage. Ms. Moermond had stopped her so she couldn't say that at the last hearing She was asking to totally remove this fine, because it was a private practice, a business. There needed to be an agreement on the work done and the price. She felt vulnerable to the City, and would like protection so that they never work on her house when she wasn't in town. She had award signed by Al Gore, and people took her key and came into her house and took it, and took jewelry. Ms. Moermond clarified that there had been condemnations in the past, and House Calls and house cleaning services had been present. That was not what was being considered now. Council President Brendmoen asked Ms. Yau if she had anything to add. Ms. Yau said she had jewelry taken from her house. She showed she had credit card balances of more than $60,000, documentation of the SNAP program and other documentation of her income level. She asked that the total fine be removed, and said if any of the Council members wanted to be a donor and give her money to buy those materials back, she would take it. Councilmember Jalali Nelson moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Jalali Nelson asked Ms. Moermond to repeat her recommendation. Ms. Moermond said her recommendation was approval of the assessment, as the work was extensive and completed by the work crew, but to divide payments over five years, which was the longest period allowed by statute. One fifth would be invoiced within a couple of weeks, and subsequent amounts would be on taxes starting with 2020. Councilmember Jalali Nelson moved to adopt Ms. Moermond's recommendation. Adopted City of Saint Paul Page 12 City Council Minutes - Final October 3, 2018 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 LEGISLATIVE HEARING CONSENT AGENDA Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. Approval of the Consent Agenda No one was present to testify. Councilmember Prince 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 31 RLH TA 17-517 Ratifying the Appealed Special Tax Assessment for property at 1047 BEECH STREET. (File No. J1802V, Assessment No. 188001) (Public hearing continued from January 17) Adopted as amended (assessment approved) 32 RLH TA 18-489 Deleting the Appealed Special Tax Assessment for property at 219 BELVIDERE STREET EAST. (File No. J1815A, Assessment No. 188544) Adopted 33 RLH TA 18-471 Ratifying the Appealed Special Tax Assessment for property at 660 CASE AVENUE. (File No. J1814A, Assessment No.188543) Adopted 34 RLH TA 18-483 Deleting the Appealed Special assessment for property at 719 CASE AVENUE. (File No. J1814A, Assessment No. 188543) Adopted 35 RLH TA 18-63 Ratifying the Appealed Special Tax Assessment for property at 123 CAYUGA STREET. (File No. J1804E, Assessment No. 188303; amended to File No. J1804E1, Assessment No. 188313) (Public hearing continued from March 21) Adopted as amended (assessment approved) City of Saint Paul Page 13 City Council Minutes - Final October 3, 2018 36 RLH TA 18-126 Ratifying the Appealed Special Tax Assessment for property at 578 CHARLES AVENUE. (File No. J1807A, Assessment No. 188507; amended to File No. J1807A4, Assessment No. 188540) (Public hearing continued from May 2) Adopted as amended (assessment deleted) 37 RLH TA 18-53 Ratifying the Appealed Special Tax Assessment for property at 1524 CHARLES AVENUE. (File No. J1805E, Assessment No. 188304; amended to File No. J1805E2, Assessment No. 188317) Adopted as amended (assessment deleted) 38 RLH RR 18-36 Ordering the rehabilitation or razing and removal of the structures at 483 COMO AVENUE within fifteen (15) days after the September 26, 2018, City Council public hearing. (Amended to grant 180 days) Adopted as amended (180 days to remove or repair) 39 RLH TA 18-122 Ratifying the Appealed Special Tax Assessment for property at 143 CONGRESS STREET WEST. (File No. J1806A, Assessment No. 188506; amended to File No. J1806A4, Assessment No. 188529) (Public hearing continued from April 4) Adopted as amended (assessment deleted) 40 RLH TA 18-462 Ratifying the Appealed Special Tax Assessment for property at 624 COOK AVENUE EAST. (File No. J1815A, Assessment No. 188544) Adopted 41 RLH TA 18-102 Ratifying the Appealed Special Tax Assessment for property at 812 COOK AVENUE EAST. (File No. J1806A, Assessment No. 188506; amended to File No. J1806A5, Assessment No. 188530) (Public hearing continued from April 4) Adopted as amended (assessment deleted) 42 RLH TA 18-527 Ratifying the Appealed Special Tax Assessment for property at 571 EARL STREET. (File No. J1814A, Assessment No. 188543) Public hearing continued to January 9, 2019 43 RLH TA 18-94 Ratifying the Appealed Special Tax Assessment for property at 1084 EDGERTON STREET. (File No. J1806A, Assessment No. 188506; amended to File No. J1806A1, Assessment No. 188526) (Public hearing continued from April 4) Adopted as amended (assessment approved) City of Saint Paul Page 14 City Council Minutes - Final October 3, 2018 44 RLH SAO 18-70 Making finding on the appealed nuisance abatement ordered for 1004 EDMUND AVENUE in Council File RLH VO 18-43. (Public hearing continued from October 3) Public hearing continued to October 17 45 RLH TA 18-486 Ratifying the Appealed Special Tax Assessment for property at 1397 EDMUND AVENUE. (File No. J1815A, Assessment No. 188544; amend to File No. J1815A1, Assessment No. 188567) (Public hearing continued from October 3) Public hearing continued to October 17 46 RLH TA 18-48 Ratifying the Appealed Special Tax Assessment for property at 889 FOURTH STREET EAST. (File No. J1805A, Assessment No. 188505; amended to File No. J1805A2, Assessment No. 188521) Adopted as amended (assessment reduced) 47 RLH TA 18-493 Ratifying the Appealed Special Tax Assessment for property at 1047 FOURTH STREET EAST. (File No. J1814A, Assessment No. 188543) Adopted 48 RLH TA 18-473 Ratifying the Appealed Special Tax Assessment for property at 772 FRANK STREET. (File No. J1815A, Assessment No. 188544) (Public hearing continued from October 3, 2018) Public hearing continued to January 16, 2019 49 RLH TA 18-550 Amending Council File RLH AR 18-54 to delete the assessment for Graffiti Removal during March 2 to April 5, 2018 at 313 FRONT AVENUE. (File No. J1808P, Assessment No. 188408) Adopted 50 RLH TA 18-481 Ratifying the Appealed Special Tax Assessment for property at 372 FRY STREET. (File No. J1814A, Assessment No. 188543) Adopted 52 RLH TA 18-490 Ratifying the Appealed Special Tax Assessment for property at 328 HARRISON AVENUE. (File No. J1815A, Assessment No. 188544) Adopted 53 RLH TA 18-484 Ratifying the Appealed Special Tax Assessment for property at 1216 HEWITT AVENUE. (File No. J1814A, Assessment No. 188543) Adopted City of Saint Paul Page 15 City Council Minutes - Final October 3, 2018 54 RLH TA 17-556 Ratifying the Appealed Special Tax Assessment for Property at 1679 HYACINTH AVENUE EAST. (File No. J1804A, Assessment No. 188503) (Public hearing continued from January 17) Adopted as amended (assessment deleted) 55 RLH TA 18-475 Ratifying the Appealed Special Tax Assessment for property at 940-942 IVY AVENUE EAST. (File No. J1814A, Assessment No. 188543; amend to File No. J1814A3, Assessment No. 188566) (Public hearing continued from October 3) Public hearing continued to October 17 56 RLH TA 18-480 Deleting the Appealed Special Tax Assessment for property at 345 JACKSON STREET. (File No. J1815A, Assessment No. 188544) Adopted 57 RLH TA 18-125 Ratifying the Appealed Special Tax Assessment for property at 714 JESSAMINE AVENUE WEST/761 COMO AVENUE. (File No. J1807A, Assessment No. 188507; amended to file No. J1807A5, Assessment No. 188541) (Public hearing continued from May 2) Adopted as amended (assessment reduced) 58 RLH TA 18-513 Ratifying the Appealed Special Tax Assessment for property at 757 JESSAMINE AVENUE EAST. (File No. J1814A, Assessment No. 188543) (Public hearing continued from October 3, 2018) Public hearing continued to January 16, 2019 59 RLH TA 17-441 Ratifying the Appealed Special Tax Assessment for Property at 16 KING STREET EAST. (File No. J1801A, Assessment No. 188500) (Public hearing continued from January 3) Adopted as amended (assessment deleted) 60 RLH TA 18-479 Deleting the Appealed Special Tax Assessment for property at 956 LAUREL AVENUE. (File No. J1815A, Assessment No. 188544) Adopted 61 RLH TA 18-491 Ratifying the Appealed Special Tax Assessment for property at 1127 MARGARET STREET. (File No. J1814A, Assessment No. 188543) Adopted 62 RLH TA 18-497 Ratifying the Appealed Special Tax Assessment for property at 1356 MARGARET STREET. (File No. J1815A, Assessment No. 188544) Adopted City of Saint Paul Page 16 City Council Minutes - Final October 3, 2018 63 RLH TA 18-472 Ratifying the Appealed Special Tax Assessment for property at 1579 MARGARET STREET. (File No. J1814A, Assessment No. 188543) Adopted 64 RLH VO 18-50 Appeal of Che Ku, Owner; Bona Ku, General Manager; and Howard Sussman, attorney for Sussman Law; to a Notice of Condemnation-Unfit for Human Habitation-Order to Vacate at Double Dragon Foods, 121 MARYLAND AVENUE WEST. Adopted 65 RLH TA 18-464 Ratifying the Appealed Special Tax Assessment for property at 1015 MCLEAN AVENUE. (File No. J1814A, Assessment No. 188543) Adopted 66 RLH TA 18-66 Ratifying the Appealed Special Tax Assessment for property at 1052 MINNEHAHA AVENUE EAST. (File No. J1803V, Assessment No. 188002; amended to File No. J1803V1, Assessment No. 188009) (Public hearing continued from March 21) Adopted as amended (assessment reduced) 67 RLH TA 18-488 Deleting the Appealed Special Tax Assessment for property at 650 OAKDALE AVENUE. (File No. J1815A, Assessment No. 188544) Adopted 68 RLH TA 18-461 Ratifying the Appealed Special Tax Assessment for property at 883-893 PAYNE AVENUE. (File No. J1815A, Assessment No. 188544) Adopted 69 RLH TA 18-487 Ratifying the Appealed Special Tax Assessment for property at 1105 PAYNE AVENUE. (File No. J1815A, Assessment No. 188544) Adopted 70 RLH SAO 18-64 Making finding on the appealed nuisance abatement ordered for 1729 RANDOLPH AVENUE in Council File RLH SAO 18-44. Adopted 71 RLH SAO 18-69 Appeal of Cynthia Johnstone to a Vehicle Abatement Order at 1352 SEVENTH STREET WEST. Adopted City of Saint Paul Page 17 City Council Minutes - Final October 3, 2018 72 RLH TA 18-485 Ratifying the Appealed Special Tax Assessment for property at 684 SIMS AVENUE. (File No. J1814A, Assessment No. 188543) Adopted 73 RLH TA 18-474 Ratifying the Appealed Special Tax Assessment for property at 93 SYCAMORE STREET WEST. (File No. J1815A, Assessment No. 188544) Adopted 74 RLH TA 18-511 Ratifying the Appealed Special Tax Assessment for property at 1024 THIRD STREET EAST. (File No. J1814A, Assessment No. 188543) Adopted 76 RLH TA 18-138 Ratifying the Appealed Special Tax Assessment for property at 937 WOODBRIDGE STREET. (File No. J1807A, Assessment No. 188507; amended to File No. J1807A2, Assessment No. 188537) (Public hearing continued from May 2) Adopted as amended (assessment deleted) 77 RLH AR 18-65 Ratifying the assessments for Property Clean Up services May 2 to 14, 2018. (File No. J1814A, Assessment No. 188543) Adopted 78 RLH AR 18-66 Ratifying the assessments for Property Clean Up services May 15 to 31, 2018. (File No. J1815A, Assessment No. 188544) Adopted Council members shared news about events in their wards. The Council recessed at 4:43 p.m. PUBLIC HEARINGS (5:30 p.m.) The Council reconvened for Public Hearings at 5:31 p.m. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Rebecca Noecker, Councilmember Jane L. Prince and Councilmember Mitra Jalali Absent 2 - Councilmember Dai Thao and Councilmember Chris Tolbert City of Saint Paul Page 18 City Council Minutes - Final October 3, 2018 Councilmember Thao arrived after roll call. Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Rebecca Noecker, Councilmember Jane L. Prince and Councilmember Mitra Jalali Absent 1 - Councilmember Chris Tolbert 79 RES PH 18-290 Approving the application of Twin Cities in Motion for sound level variances to use amplified sound for announcements, speakers, and music on Saturday, October 6 and Sunday, October 7, 2018 at nine locations during the Medtronic Twin Cities Marathon. No one was present to testify. Councilmember Thao moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 Absent: 1- Councilmember Tolbert 80 RES PH 18-291 Approving the application of GetKnit Events for a sound level variance to present live, amplified music on Saturday, October 27, 2018 at 550 Vandalia Street during the Lake Monster Bash event. No one was present to testify. Councilmember Jalali Nelson moved to close the public hearing and approve the resolution. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 Absent: 1- Councilmember Tolbert Councilmember Tolbert joined the meeting. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Rebecca Noecker, Councilmember Jane L. Prince and Councilmember Mitra Jalali City of Saint Paul Page 19 City Council Minutes - Final October 3, 2018 81 RES PH 18-292 Approving the application of the Cathedral Heritage Foundation for a sound level variance to present amplified music and announcements on Thursday, October 4, 2018 in the parking lot at Summit and Selby Avenues and Maiden Lane for the Cathedral Festival of Lights. 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 82 RES PH 18-293 Approving the application of Meritage Restaurant for a sound level variance to present live amplified music at Hamm Plaza, 99 6th Street West, on Sunday, October 14, 2018 for Oysterfest. 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 83 RES PH 18-297 Approving the application of Visit Saint Paul for a sound level variance for live music and DJs between 174 and 258 7th Street West during the Wild Home Opener Hocktoberfest Event on October 6, 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 84 RES PH 18-298 Approving the application of Final Stretch Inc. for a sound level variance to present outdoor music and announcements for the Unleash the SHE 5K/10K Event on Sunday, October 14, 2018 at Lake Phalen Park. No one was present to testify. Councilmember Bostrom moved to close the public hearing and approve the resolution. Adopted City of Saint Paul Page 20 City Council Minutes - Final October 3, 2018 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 85 RES PH 18-269 Approving the request of District Energy St. Paul, Inc. to amend District Cooling rates for fiscal year 2019. Michael Solomon, Office of Financial Services, gave a brief staff report on the two District Energy items. He said the interdepartmental group analyzing the rates recommended the approval. Council President Brendmoen made brief comments. 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 86 RES PH 18-270 Approving the request of District Energy St. Paul, Inc. to amend District Heating rates for fiscal year 2019. No one was present to testify. Councilmember Jalali Nelson moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 87 RES PH 18-294 Approving the preliminary and final plat for Saint Paul College. 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 City of Saint Paul Page 21 City Council Minutes - Final October 3, 2018 88 RES PH 18-295 Approving adverse action against the Auto Repair Garage, Gas Station, and Cigarette/Tobacco licenses held by Sunray Gas, LLC, d/b/a Sunray BP at 344 Ruth Street North. Therese Skarda, Assistant City Attorney representing the Department of Safety and Inspections (DSI), gave a staff report on an adverse action for failure of a tobacco compliance check. 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 City of Saint Paul Page 22 City Council Minutes - Final October 3, 2018 89 RES PH 18-296 Approving adverse action against the Second Hand Dealer license application submitted by Thrifty Nifty, LLC, d/b/a Thrifty Nifty at 741 University Avenue West. (Public hearing held October 3) Therese Skarda, Assistant City Attorney representing the Department of Safety and Inspections (DSI), gave a staff report on the adverse action against the license application. She said the applicant had several criminal convictions between 1996 and 2015 that weren't disclosed on the application. She said the licensee responded to the notice denying the license with a request for this hearing. Mary Ferguson, owner of Thrifty Nifty, said she made a mistake on the application and thought she had signed everything. She was having other people help with her reading; she never would have left it blank. She wanted to apologize; she didn't mean to leave anything out. She wanted her store. DeVon Nolen (2035 Portland Avenue S.) said she worked for the Cultural Wellness Center which hosted a small business incubator in partnership with the Neighborhood Development Center in St. Paul. They had been working with Ms. Ferguson for two years, securing a loan and securing a lease. The omission was unintentional. The violation was 25-plus years ago, and most of the other violations were traffic. Knowing that this was a mistake and unintentional and that Ms. Ferguson had support around her to help with success, they were hoping they could make some changes to the denial. Councilmember Thao moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Thao asked if the reason for the denial was that Ms. Ferguson didn't properly fill out the application. Ms. Skarda said the request for denial was based solely on the fact that the application asked for the criminal history, and was left blank. There was another section stating that the application was correct and complete. Council President Brendmoen asked whether the previous convictions would be grounds for denial. Ms. Skarda said she didn't believe they would be. The State of Minnesota had some allowances for rehabilitation. Some of the more serious offenses were very old. There were a lot of other traffic offenses, and typically they would look at the basis behind the arrests. This was a second-hand dealer license, which could require reporting goods to police, and that would require looking at in greater detail by the department. She reiterated that the recommendation was solely because the application wasn't filled out right, and to the department that criminal history was a very important part of the application. Councilmember Thao asked whether Ms. Ferguson could just re-apply, and apply correctly. Ms. Skarda said if an adverse action was taken against a license there was a time period the applicant had to wait. She said she supposed the applicant could have withdrawn the application but she wasn't sure how that would have worked out procedurally. Councilmember Noecker asked what happened to the application if the Council didn't adopt the department's recommendation. Ms. Skarda said the Council could choose to not approve recommendation, or refer it to an Administrative Law Judge (ALJ) for further evaluation, or the applicant could potentially withdraw the application and resubmit a new one. She said she believed the waiting period for one year after a City of Saint Paul Page 23 City Council Minutes - Final October 3, 2018 denial. Council President Brendmoen asked if the store had been opened. Ms. Skarda said she didn't know the status of the store. Councilmember Noecker said it seemed like what they'd want to do would be to let Ms. Ferguson complete the application correctly and not have to wait a year and not have to pay another fee and start over. Councilmember Bostrom said he didn't know whether the other Council members had read what the charges and convictions were that weren't reported, but he suggested they take a hard look before adjusting this. Historically, if there wasn't something put down on the application it was intentional and they were hoping nobody was going to find out. looking at the record, this was something you didn't forget. Councilmember Jalali Nelson noted Councilmember Noecker's comments and said they were still looking for procedural guidance, but it seemed like a simple enough adjustment to allow the previous charges to be evaluated through the application process. She noted that Ms. Ferguson was present with community support. She said the Council was not here to judge the weight of the previous violations, and she would like to look for a way to not bring adverse action but allow for more opportunity to work through this. Ms. Skarda said procedurally the Council could move to ignore the department's recommendation and make findings of their own, send this to an ALJ. In response to a question from Councilmember Jalali Nelson, Ms. Skarda explained the ALJ process. Ms. Skarda said the piece that hadn't been looked at was the nature of the criminal charges, and they may or may not be relevant to this application. This was an application that would allow the applicant to handle used goods and there might be different reporting requirements. Councilmember Thao said he got the point of looking at the criminal history, but that wasn't the job of this body. If they made a mistake, they should be able to withdraw and start over. He moved one week layover to work with Ms. Ferguson. Council President Brendmoen spoke in support. Public hearing held and closed; laid over to October 10 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 90 RES PH 18-216 Ratifying the assessment for installation of a fire protection system, as requested by Housing and Redevelopment Authority of Saint Paul, for 17 West 7th Place. (File No. FP2018-03, Assessment No. 187102) No one was present to testify. Councilmember Noecker moved to close the public hearing and approve the resolution. Adopted City of Saint Paul Page 24 City Council Minutes - Final October 3, 2018 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 91 RES PH 18-242 Ratifying the assessments for Replacement of Lead Water Service Line on Private Property during April to June 2018. (File No. 1804LDSRP, Assessment No. 184003) 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 Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 City of Saint Paul Page 25 City Council Minutes - Final October 3, 2018 92 RES PH 18-243 Ratifying the assessments for Replacement of Sanitary Sewer Line on Private Property during April to June 2018. (File No. SWRP1805, Assessment No. 183004) In opposition: Kyu Kyu Myint (1039 Forest Street) distributed a handout, husband signed for the document, but at that time, they connected with Bonfe company, and they took the document her husband had signed, but the document was blank. Her husband could speak but couldn't read well. He asked how much the amount, but Bonfe told them that nothing was decided yet and he had to find out from his boss how much it would be. Then he ad to report to the City that the project was completed. So they didn't know the amount yet. That was why her husband signed for him. She was not at home a that time. When she was back at home she asked her husband where the document was that he had signed and her husband called back and asked for a copy but they didn't supply a copy and they only took my husband ? on that blank document. So they had no idea about the amount. She asked that the Council consider her written statement, and they could not afford that amount. Councilmember Brendmoen asked whether the work was completed. Ms. Myint said yes. That was why they had to inform the City and that was why he signed. He didn't understand about the cost. They took the blank document her husband signed. She showed a copy of the completed invoice. Council President Brendmoen said the crux of the concern was that Bonfe got a signature without an understanding of what the cost was going to be. Ms. Myint said they didn't understand. They had her husband sign a blank document and when her husband asked about the charges he didn't say anything. e said he didn't know yet and his boss would decide. Council President Brendmoen asked for comment from City staff. Richard Ekobena, Public Works, said he'd had the opportunity to talk with the property owners and they explained that at some point they had one contractor coming to do the work, and at some point it seems like another contractor came in and they were asked to sign a form saying the work had been completed without being told how much they were going to pay. They later found out that the work was $23,000 instead of $5000. He said he told the property owners that staff would talk to the contractors and figure out what happened. Council President Brendmoen said the assessment roll showed a $23,000 assessment for 1039 Forest Street. She asked if there was a reason for the large assessment. Mr. Ekobena said it should not have been that way. They started out with $5000, and they eventually found out the problem was somewhere in the street and they had to do some more digging which raised the cost considerably. Council President Brendmoen asked if that charge was from the City. Mr. Ekobena said the City paid the contractor because they used the sewer assessment program. They asked the City to finance the work. Council President Brendmoen said the City financed projects completed by private contractors, as a way to ensure the projects got done when the street was already torn up or as part of a City sewer project, and so there wasn't a barrier for people to find and pay for their own contractor. Mr. Ekobena said that was correct. He said in this case the City didn't have a project there. It was a situation where they had a bad sewer and City of Saint Paul Page 26 City Council Minutes - Final October 3, 2018 called a contractor. The City came in to help finance the work, which they did all the time. Councilmember Noecker asked at what point would the property owners been notified of the actual cost. Mr. Ekobena said what happened was that when a property owner had a bad sewer they would call a plumber, and if the plumber could not fix it they would call another contractor, and the City didn't know about what was going on. By the time the City knew about this, the property owners were already saying they wanted to borrow money from the City. Councilmember Bostrom said this was complicated and not going to be solved that tonight. He moved to lay the matter over for a couple weeks to find out what was actually done. Council President Brendmoen said they could ratify the list except for that address. Councilmember Bostrom moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Bostrom moved to ratify the assessment roll as amended. Adopted as amended (1039 Forest Street removed from the assessment roll for separate consideration) Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 93 RES PH 18-248 Ratifying the assessment for the Como Avenue from Commonwealth to Brompton paving and lighting project constructed as part of the 2018 St. Paul Street Paving Program (SPS). (File No. 19205, Assessment No. 185201) No one was present to testify. Councilmember Jalali Nelson moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 94 RES PH 18-249 Ratifying the assessment for the Woodlawn/Jefferson area paving and lighting project constructed as part of the 2018 St. Paul Street Paving Program (SPS). (File No. 19208, Assessment No. 185200) 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 Noecker, Councilmember Prince and Councilmember Jalali City of Saint Paul Page 27 City Council Minutes - Final October 3, 2018 Nay: 0 95 RES PH 18-250 Ratifying the assessment for the Wheelock Parkway from Danforth to Arlington paving and lighting project constructed as part of the 2018 St. Paul Street Paving Program (SPS). (File No. 19230, Assessment No. 185202) In opposition: Doug Hartmann and Teresa Swartz (586 Wheelock Parkway West) Following discussion, Council President Brendmoen moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Jalali Nay: 0 ADJOURNMENT Council President Brendmoen adjourned the meeting. Meeting adjourned at 6:18 p.m. 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 28

Agenda

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Council Chambers - 3rd Meeting Agenda Floor 651-266-8560 City Council Council President Amy Brendmoen Councilmember Dan Bostrom Councilmember Mitra Jalali Nelson Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, October 3, 2018 3:30 PM Council Chambers - 3rd Floor Budget Amendment Public Hearings and Legislative Hearing Items at 3:30 p.m. Public Hearings at 5:30 p.m. ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 AO 18-50 Authorizing the Department of Parks and Recreation to reallocate $66,739 within its various accounting units in the 2018 adopted budget to most accurately reflect the projected actual spending in each accounting unit and provide the appropriate levels of spending authority. Attachments: 2018 Budget A-O 9.17.18.xlsx 2 AO 18-51 Amending ESG activities budgets to include the 2018 Grant award of $566,521.00. Attachments: Attachment A 2018 ESG Spending Financial Analysis AO 18-51.pdf 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 Authorizing Parks & Recreation Department to enter into a cooperative 18-1495 agreement with Ramsey County for sidewalk construction on Plato Boulevard between Water Street and Fillmore Avenue in conjunction with the Robert Piram Regional Trail construction project. Sponsors: Noecker Attachments: RPRT Ramsey Coop Agree Draft City of Saint Paul Page 1 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 4 RES Approving the City’s cost of providing Boarding and/or Securing services 18-1547 during July 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902B, Assessment No. 198101) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 5 RES Approving the City’s cost of providing Collection of Vacant Building 18-1556 Registration fees billed during January 23 to July 23, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. VB1903, Assessment No. 198802) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 6 RES Approving the City’s cost of providing Collection of Fire Certificate of 18-1558 Occupancy fees billed during May 14 to June 11, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. CRT1902, Assessment No. 198201) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 7 RES Approving the City’s cost of providing Trash Hauling services during July 3 18-1559 to 31, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902G, Assessment No. 198701) Sponsors: Brendmoen Attachments: Report of Completion Assessment City of Saint Paul Page 2 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 8 RES Approving the City’s cost of providing Excessive Use of Inspection or 18-1560 Abatement services billed during May 22 to June 20, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902E, Assessment No. 198301) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 9 RES Approving the City’s cost of providing Graffiti Removal services during July 18-1561 23 to August 22, 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2019 to consider and levy the assessments against individual properties. (File No. J1902P, Assessment No. 198401) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 10 RES Approving the City’s cost of providing Tree Removal services from July to 18-1565 August 2018, and setting date of Legislative Hearing for November 6, 2018 and City Council public hearing for January 2, 2018 to consider and levy the assessments against individual properties. (File No. 1901T, Assessment No. 199000) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 11 RES Approving the official name St. Paul - Changsha China Friendship Garden 18-1575 for the new garden in Phalen Regional Park, and including the Chinese name of Liu Ming Yuan depicted in three Chinese characters, the Hmong name of LUE VAJPHOOJ YWG, and the poetic name of St. Paul - Changsha China Friendship Garden of Whispering Willows and Flowing Waters. Sponsors: Bostrom Attachments: Phalen Garden Naming Res 18-13 12 RES Approving the Mayor’s appointment of Elsa Perez Vega to a three-year 18-1626 term on the Capital Improvement Budget Committee. Sponsors: Brendmoen Attachments: Elsa Perez Vega Application City of Saint Paul Page 3 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 13 RES Approving the Mayor’s appointment of Leetta Douglas to a three-year term 18-1627 on the Heritage Preservation Commission. Sponsors: Brendmoen Attachments: Leetta Douglas Application 14 RES Amending the use of grant funds through the Neighborhood STAR 18-1634 Year-Round program for the Northeast Neighborhood Development Corporation. Sponsors: Brendmoen 15 RES Approving the use of grant funds through the Neighborhood STAR 18-1635 Year-Round Program for the north end lighting project. Sponsors: Brendmoen 16 RES Establishing the creation of a St. Paul - Ramsey County 2020 Census Joint 18-1637 Complete Count Committee. Sponsors: Brendmoen 17 RES Approving the Settlement Agreement and Release between the City of St. 18-1645 Paul and Frank Brown and his attorneys Jeff Storms and Andrew Irlbeck. Sponsors: Brendmoen Attachments: Settlement Agreement & Release.pdf Financial Analysis.xls Administrative Code 3.02.pdf 18 RES Approving the Mayor’s appointment of Allison Canty, Gregory Egan, Norys 18-1655 Figuera, Jennifer Hansen, Amber Michael, Mor Vue, and Darlene Zangara to three-year terms on the Mayor’s Advisory Committee on People with Disabilities. Sponsors: Brendmoen 19 RES Approving the Mayor’s reappointment of Kari Sheldon and Sean Kealy to 18-1656 the Mayor’s Advisory Committee on People with Disabilities. Sponsors: Brendmoen 20 RES Approving the Mayor’s appointment of Kevin Lindsey to a second, five-year 18-1657 term on the board of commissioners of the Saint Paul Public Housing Agency. Sponsors: Brendmoen 21 RES Approving the Mayor’s appointment of Gy Vameng Chajili as an interim 18-1658 Commissioner to an interim term on the board of the Saint Paul Public Housing Agency. Sponsors: Brendmoen City of Saint Paul Page 4 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 FOR DISCUSSION 22 RLH RR Ordering the rehabilitation or razing and removal of the structures at 610 18-38 SAINT ALBANS STREET NORTH within fifteen (15) days after the September 26, 2018, City Council public hearing. (Laid over from Sept. 26, 2018) Sponsors: Thao Attachments: 610 St Albans St N.OTA 5-23-18 610 St Albans St N.PH 7-23-18 610 St Albans St N.Code Compliance Report 10-19-17 610 St Albans St N.SHPO Form 6-1-18 610 St Albans St N.Photos 5-17-18 610 St Albans St N.Photo Doc #1.10-6-14 610 St Albans St N.Photo Doc #2.10-6-14 610 St Albans St N.Photo Doc #3.10-6-14 610 St Albans St N.Condemnation.8-11-14 610 St Albans St N.Photos.8-11-14 610 Saint Albans St N.FTA RR-Ltr.9-4-18 610 Saint Albans St N.Askar Ltr.9-6-18.doc 610 Saint Albans St N.Askar Revised Ltr.9-7-18.doc 610 Saint Albans St. N.McLemore Construction Sworn Construction Statement.pdf 610 Saint Albans St. N.BNC National Bank Pre-Approved Letter.8-16-18.pdf 610 Saint Albans St. N.McLemore Consruction Letter Projected Timeline for Rehab.8-29-18.pdf 610 Saint Albans St. N.Naylor Email.9-25-18.pdf 610 Saint Albans St N.Askar Ltr.9-26-18.doc 610 St Albans St N.BNC Natl Bank Email.9-28-18 610 St Albans St N.Subcontractor Bids.9-28-18 610 St Albans St N.Electrical Bid.5-14-18 610 St Albans St N.McLemore Time Line.10-1-18 610 St Albans St N.Moermond-Luckett Email.10-1-18 610 St Albans St N.Financial Documentation.10-3-18 610 St. Albans St N.Revised Work Plan.10-3-18 ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. Final Adoption City of Saint Paul Page 5 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 23 Ord 17-29 Amending Chapter 236 of the Legislative Code regarding plastic packaging. (Laid over from October 11, 2017.) Sponsors: Stark Attachments: Macalester Groveland Community Council - Sustainable To Go Packaging Ordinance May2017 Union Park District Council - To Go packaging resolution West Side Community Organization To-Go Packaging Ordinance District 1 Letter Toua Xiong 9-19-2017 SHA Comment Sustainable To-Go Packaging 07.17.17 2017 FPI Comments to St Paul ACC PFPG comments on ST PAUL Sustainable to go Amendment 9 26 17 Hmong Chamber of Commerce Letter DSI.Code_.10.10.16 Meeting Notes WestRock comments City of St. Paul Sustainable To Go Food Packaging Ordinance 17-29 SharePoint Documents - Part 1.pdf SharePoint Documents - Part 2.pdf SharePoint Documents - Part 3.pdf SharePoint Documents - Part 4.pdf Mancini letter MnRA_Letter_To_St_Paul_City_Council_Plastics_Ban MGA - City of St. Paul Packaging Ordinance Comments AFPA Comments - STP City Council To Go Packaging Ordinance- Draft Final St. Paul_Dart Testimony_October 2017 International Paper Letter Comments rec'd by Council 1 SP FSP Unite Here letter Comments rec'd by Council 2 Boca Chica letter Sierra Club support for Sustainable To Go proposal All Restaurants MPCA_PackagingOrdComments_Oct2017 go-to-sustainable-to-go_letter petition Comments rec'd by Council 3 Hmong Village Letter Letters Submitted 2018 Comments rec'd by Council re To-Go Packaging Ordinance City of Saint Paul Page 6 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 24 Ord 18-49 Amending the zoning map as recommended in the West Marshall Avenue Zoning Study. (Laid over from September 26, 2018.) Sponsors: Henningson and Thao Attachments: Planning Commission Resolution 08-10-18 Planning Commission Action Minutes 08-10-18 Planning Commission Minutes for 08-10-18 West Marshall Avenue Zoning Study Memo 07-25-18 Planning Commission Minutes from Public Hearing 06-29-18 Written Comments Submitted to Planning Commission 06-29-18 Planning Commission Resolution to Amend the Study Area 05-18-18 Planning Commission Minutes 05-18-18 Union Park District Council Letter West Marshall PH Staff Presentation Dean Nelson email and attachments Comment rec'd by Council re West Marshall Zoning Study Comment rec'd by Council re West Marshall Rezoning 2 Study Segments Zoning Maps 10.03.18 Nelson email and attachments 10-1-18 Allchin email and attachments 10-2-18 Comments rec'd by Council re amended Marshall Ave rezoning First Reading 25 Ord 18-50 Amending Section 409.08 of the Legislative Code to prohibit licensees of exclusive liquor stores which sell tobacco, tobacco-related devices, electronic delivery device, or nicotine or lobelia delivery products from allowing persons under eighteen (18) years of age from entering the store. Sponsors: Noecker Attachments: Notice of Public Hearing - Sec. 409.08 Off-Sale Youth Access Amendment 09122018 City of Saint Paul Page 7 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 26 Ord 18-51 Granting the application of Dorothy Gherity to rezone the property at 418 Sherburne Avenue from R4 Single Family Residential to T2 Traditional Neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Sponsors: Thao Attachments: Staff Report Application Documents Maps Minutes PC Resolution Extension Letter 27 Ord 18-52 Establishing a Community Advisory Committee for the position of Director of Human Rights and Equal Economic Opportunity pursuant to the provisions Section 11.01 of the Administrative Code. Sponsors: Brendmoen Attachments: Community Panelists - HREEO BUDGET AMENDMENT PUBLIC HEARINGS (held during the 3:30 portion of the meeting) 28 RES PH Amending the finance and spending plan in the Department of Parks and 18-254 Recreation in the amount of $400,000 to reflect a Federal Land Access Program (FLAP) grant received for the Robert Piram Regional Trail project. Sponsors: Noecker Attachments: Robert Piram Trail FLAP $400000 Funding Sheet 29 RES PH Amending the financing and spending plans in the Police Department 18-299 Special Funds in the amount of $175,000 for the use of fund balance in the VCET Forfeiture fund. Sponsors: Brendmoen Attachments: Financial Analysis City of Saint Paul Page 8 Printed on 10/3/2018 City Council Meeting Agenda October 3, 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. 30 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1089 18-478 ALBEMARLE STREET. (File No. J1815A, Assessment No. 188544) (Public hearing to be continued to October 17) Sponsors: Brendmoen Attachments: 1089 Albemarle St.SA Letter.5-9-18 1089 Albemarle St.Photo.5-16-18.pdf 31 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1047 17-517 BEECH STREET. (File No. J1802V, Assessment No. 188001) (Public hearing continued from January 17) Sponsors: Prince Attachments: 1047 Beech St. Vehicle Abatement. 7-7-17 1047 Beech St. Tow Order. 4-17-17 32 RLH TA Deleting the Appealed Special Tax Assessment for property at 219 18-489 BELVIDERE STREET EAST. (File No. J1815A, Assessment No. 188544) Sponsors: Noecker Attachments: 219 Belvidere St E.SA Letter.5-10-18.pdf 219 Belvidere St E.Photo.5-17-18.pdf 33 RLH TA Ratifying the Appealed Special Tax Assessment for property at 660 CASE 18-471 AVENUE. (File No. J1814A, Assessment No.188543) Sponsors: Bostrom Attachments: 660 Case Ave.SA Letter.4-24-18 660 Case Ave.Photos.5-1-18.pdf 34 RLH TA Deleting the Appealed Special assessment for property at 719 CASE 18-483 AVENUE. (File No. J1814A, Assessment No. 188543) Sponsors: Bostrom Attachments: 719 Case Ave.SA Letter.4-30-18.pdf 719 Case Ave.Photo.5-4-18.pdf City of Saint Paul Page 9 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 35 RLH TA Ratifying the Appealed Special Tax Assessment for property at 123 18-63 CAYUGA STREET. (File No. J1804E, Assessment No. 188303; amended to File No. J1804E1, Assessment No. 188313) (Public hearing continued from March 21) Sponsors: Brendmoen Attachments: 123 Cayuga St.Correction Notice.5-19-17.pdf 123 Cayuga St.Correction Notice.6-23-17.pdf 123 Cayuga St.EC Letter and Bill.7-25-17.pdf 123 Cayuga St.Correction Notice.7-25-17.pdf 123 Cayuga St.Letter to Owner Rescheduling hrg.3-2-18.doc 36 RLH TA Ratifying the Appealed Special Tax Assessment for property at 578 18-126 CHARLES AVENUE. (File No. J1807A, Assessment No. 188507; amended to File No. J1807A4, Assessment No. 188540) (Public hearing continued from May 2) Sponsors: Thao Attachments: 578 Charles Ave.Summary Abatement. 12-1-17 578 Charles Ave.Photo.12-12-17.pdf 37 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1524 18-53 CHARLES AVENUE. (File No. J1805E, Assessment No. 188304; amended to File No. J1805E2, Assessment No. 188317) Sponsors: Stark Attachments: 1524 Charles Ave.SAO Ltr.8-22-17 1524 Charles Ave.Photos.08-30-17 City of Saint Paul Page 10 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 38 RLH RR Ordering the rehabilitation or razing and removal of the structures at 483 18-36 COMO AVENUE within fifteen (15) days after the September 26, 2018, City Council public hearing. (Amended to grant 180 days) Sponsors: Thao Attachments: 483 Como Ave.OTA 5-21-18 483 Como Ave.PH 7-20-18 483 Como Ave.SHPO Form 5-23-18 483 Como Ave.Photos 5-11-18 483 Como Ave.Fire C of O Revocation.6-8-17 483 Como Ave.Photos.6-9-17 483 Como Ave.Photos.7-13-17 483 Como Ave.Code Compliance Insp Rpt.12-28-17 483 Como Avenue.Theng Ltr.8-30-18 483 Como Ave.Soley Email.9-6-18 483 Como Ave.Financial & Workplan Info.9-14-18 483 Como Ave.Vang-Sorntheng emails.9-17-18.pdf 483 Como Ave.Vang-Sorntheng email correction.9-17-18.pdf 483 Como Ave.Work Plan & Affidavit.9-18-18.pdf 483 Como Ave.Heating Guys Bid.9-18-18 483 Como Ave.Mechanical Bid.9-21-18.pdf 483 Como Ave.chain emails.9-21-18.pdf 483 Como Avenue.Theng Ltr.9-26-18.doc 483 Como Ave.Revised Work Plan and Bids.9-28-18 39 RLH TA Ratifying the Appealed Special Tax Assessment for property at 143 18-122 CONGRESS STREET WEST. (File No. J1806A, Assessment No. 188506; amended to File No. J1806A4, Assessment No. 188529) (Public hearing continued from April 4) Sponsors: Noecker Attachments: 143 Congress St W.SAO Ltr.11-21-17.pdf 143 Congress St W.Photo.11-29-17.pdf 40 RLH TA Ratifying the Appealed Special Tax Assessment for property at 624 COOK 18-462 AVENUE EAST. (File No. J1815A, Assessment No. 188544) Sponsors: Bostrom Attachments: 624 Cook Ave E.Summary Abatement. 5-10-18 624 Cook Ave E.Photos.5-17-18.pdf City of Saint Paul Page 11 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 41 RLH TA Ratifying the Appealed Special Tax Assessment for property at 812 COOK 18-102 AVENUE EAST. (File No. J1806A, Assessment No. 188506; amended to File No. J1806A5, Assessment No. 188530) (Public hearing continued from April 4) Sponsors: Bostrom Attachments: 812 Cook Ave E.SA Letter.11-15-17.pdf 812 Cook Ave E.Photos.11-15-17.pdf 812 Cook Ave E.SA Letter.11-22-17.pdf 812 Cook Ave E.Photos.11-22-17.pdf 812 Cook Ave E.Photo.11-28-17.pdf 42 RLH TA Ratifying the Appealed Special Tax Assessment for property at 571 EARL 18-527 STREET. (File No. J1814A, Assessment No. 188543) (Public hearing continued to January 9, 2019) Sponsors: Prince Attachments: 571 Earl St.SA Letter.4-25-18.pdf 571 Earl St.Photos.5-2-18.pdf 571 Earl St.Appellant Letter.8-31-18.pdf 43 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1084 18-94 EDGERTON STREET. (File No. J1806A, Assessment No. 188506; amended to File No. J1806A1, Assessment No. 188526) (Public hearing continued from April 4) Sponsors: Bostrom Attachments: 1084 Edgerton St.Summary Abatement. 11-14-17 1084 Edgerton St.Photos.11-22-17.pdf 44 RLH SAO Making finding on the appealed nuisance abatement ordered for 1004 18-70 EDMUND AVENUE in Council File RLH VO 18-43. (Public hearing continued to October 17, 2018) Sponsors: Thao Attachments: 1004 Edmund Ave.RLH VO 18-43.pdf 1004 Edmund Ave.Schuch Ltr.9-4-18.doc 45 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1397 18-486 EDMUND AVENUE. (File No. J1815A, Assessment No. 188544) (Public hearing to be continued to October 17) Sponsors: Jalali Nelson Attachments: 1397 Edmund Ave.TGW Letter.5-18-18.pdf 1397 Edmund Ave.Photos.5-23-18.pdf City of Saint Paul Page 12 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 46 RLH TA Ratifying the Appealed Special Tax Assessment for property at 889 18-48 FOURTH STREET EAST. (File No. J1805A, Assessment No. 188505; amended to File No. J1805A2, Assessment No. 188521) Sponsors: Prince Attachments: 889 Fourth St E.Summary Abatement. 10-2-17 889 Fourth St E.Photo.10-10-17.pdf 47 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1047 18-493 FOURTH STREET EAST. (File No. J1814A, Assessment No. 188543) Sponsors: Prince Attachments: 1047 Fourth St E.SA Letter.4-27-18 1047 Fourth St E.Photos.5-4-18 48 RLH TA Ratifying the Appealed Special Tax Assessment for property at 772 18-473 FRANK STREET. (File No. J1815A, Assessment No. 188544) (Public hearing to be continued to January 16, 2019) Sponsors: Prince Attachments: 772 Frank St.Summary Abatement.5-11-18 772 Frank St.Photo.5-18-18.pdf 49 RLH TA Amending Council File RLH AR 18-54 to delete the assessment for Graffiti 18-550 Removal during March 2 to April 5, 2018 at 313 FRONT AVENUE. (File No. J1808P, Assessment No. 188408) Sponsors: Brendmoen Attachments: 313 Front Ave.Martin email.9-10-18.pdf 313 Front Ave.Graffiti Abatement Order.3-2-18.pdf 313 Front Ave.Graffiti Waiver6-27-18.pdf 50 RLH TA Ratifying the Appealed Special Tax Assessment for property at 372 FRY 18-481 STREET. (File No. J1814A, Assessment No. 188543) Sponsors: Jalali Nelson Attachments: 1635 Saint Anthony Ave.SA Letter.5-2-18.pdf 372 Fry St.Photos.5-9-18.pdf 51 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1191 18-477 HAMLINE AVENUE NORTH. (File No. J1815A, Assessment No. 188544) (Public hearing to be continued to October 17) Sponsors: Jalali Nelson Attachments: 1191 Hamline Ave N.TGW Ltr.5-17-18.pdf 1191 Hamline Ave N.Photo.5-21-18.pdf City of Saint Paul Page 13 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 52 RLH TA Ratifying the Appealed Special Tax Assessment for property at 328 18-490 HARRISON AVENUE. (File No. J1815A, Assessment No. 188544) Sponsors: Noecker Attachments: 328 Harrison Ave.SA Letter.5-4-18.pdf 328 Harrison Ave.Photo.5-22-18.pdf 53 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1216 18-484 HEWITT AVENUE. (File No. J1814A, Assessment No. 188543) Sponsors: Jalali Nelson Attachments: 1216 Hewitt Ave.SA Letter & Photo.3-13-18.pdf 1216 Hewitt Ave.SA Letter.3-30-18.pdf 1216 Hewitt Ave.Photo.5-4-18.pdf 54 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1679 17-556 HYACINTH AVENUE EAST. (File No. J1804A, Assessment No. 188503) (Public hearing continued from January 17) Sponsors: Bostrom Attachments: 1679 Hyacinth Ave E.SA 8-23-17 1679 Hyacinth Ave E.Photos 8-31-17 55 RLH TA Ratifying the Appealed Special Tax Assessment for property at 940-942 18-475 IVY AVENUE EAST. (File No. J1814A, Assessment No. 188543) (Public hearing to be continued to October 17) Sponsors: Bostrom Attachments: 940 Ivy Ave E.SA Letter.5-1-18 942 Ivy Ave E.Photo.4-30-18.pdf 942 Ivy Ave E.Photo.5-7-18.pdf 56 RLH TA Deleting the Appealed Special Tax Assessment for property at 345 18-480 JACKSON STREET. (File No. J1815A, Assessment No. 188544) Sponsors: Noecker Attachments: 345 Jackson St.SA Letter.5-7-18 345 Jackson St.Photo.5-14-18.pdf 57 RLH TA Ratifying the Appealed Special Tax Assessment for property at 714 18-125 JESSAMINE AVENUE WEST/761 COMO AVENUE. (File No. J1807A, Assessment No. 188507; amended to file No. J1807A5, Assessment No. 188541) (Public hearing continued from May 2) Sponsors: Brendmoen Attachments: 714 Jessamina Ave W. Summary Abatement. 12-06-17 761 Como Ave.Photos.12-14-17.pdf City of Saint Paul Page 14 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 58 RLH TA Ratifying the Appealed Special Tax Assessment for property at 757 18-513 JESSAMINE AVENUE EAST. (File No. J1814A, Assessment No. 188543) (Public hearing to be continued to January 16, 2019) Sponsors: Bostrom Attachments: 757 Jessamine Ave E.SA Letter.4-24-18.pdf 757 Jessamine Ave E.Photo.5-2-18.pdf 59 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 16 KING 17-441 STREET EAST. (File No. J1801A, Assessment No. 188500) (Public hearing continued from January 3) Sponsors: Noecker Attachments: 16 King St E.TG&W Ltr.6-7-17.pdf 16 King St E.Photos.6-13-17.pdf 16 King St E.Aerial Map 60 RLH TA Deleting the Appealed Special Tax Assessment for property at 956 18-479 LAUREL AVENUE. (File No. J1815A, Assessment No. 188544) Sponsors: Thao Attachments: 956 Laurel Ave.TG&W Ltr.5-15-18.pdf 956 Laurel Ave.Photo.5-18-18.pdf 61 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1127 18-491 MARGARET STREET. (File No. J1814A, Assessment No. 188543) Sponsors: Prince Attachments: 1127 Margaret St.SA Letter.4-13-18.pdf 1127 Margaret St.SA Letter.4-30-18.pdf 1127 Margaret St.Photos.5-7-18.pdf 62 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1356 18-497 MARGARET STREET. (File No. J1815A, Assessment No. 188544) Sponsors: Prince Attachments: 1356 Margaret St.SA Letter.5-10-18.pdf 1356 Margaret St.Photos.5-17-18.pdf 63 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1579 18-472 MARGARET STREET. (File No. J1814A, Assessment No. 188543) Sponsors: Prince Attachments: 1579 Margaret St.SA Letter.4-3-18 1579 Margaret St.Photos.5-10-18.pdf City of Saint Paul Page 15 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 64 RLH VO Appeal of Che Ku, Owner; Bona Ku, General Manager; and Howard 18-50 Sussman, attorney for Sussman Law; to a Notice of Condemnation-Unfit for Human Habitation-Order to Vacate at Double Dragon Foods, 121 MARYLAND AVENUE WEST. Sponsors: Brendmoen Attachments: 121 Maryland Ave W.appeal.9-20-18 121 Maryland Ave W.Photo #1.9-19-18.pdf 121 Maryland Ave W.Photos #2.9-19-18.pdf 121 Maryland Ave W.Photos #3.9-19-18.pdf 121 Maryland Ave W.Photos #4.9-19-18.pdf 121 Maryand Ave W.Photos.#5.9-19-18.pdf 121 Maryand Ave W.Photos.#6.9-19-18.pdf 121 Maryland Ave W.Naylor-Appellants email.-21-18.pdf 121 Maryland Ave W.Pest Control Receipt.9-26-18 121 Maryland Ave W.Sussman-Ku Ltr.9-27-18.doc 121 Maryland Ave W.Sussman-Ku Ltr.9-28-18 65 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1015 18-464 MCLEAN AVENUE. (File No. J1814A, Assessment No. 188543) Sponsors: Brendmoen Attachments: 1015 Mclean Ave.Summary Abatement.4-24-18 1015 McLean Ave.Photo.5-2-18.pdf 66 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1052 18-66 MINNEHAHA AVENUE EAST. (File No. J1803V, Assessment No. 188002; amended to File No. J1803V1, Assessment No. 188009) (Public hearing continued from March 21) Sponsors: Prince Attachments: 1052 Minnehaha Ave E.Vehicle Abatement Order.06-30-17.pdf 1052 Minnehaha Ave E.TOW Order #8210.07-14-17.pdf 1052 Minnehaha Ave E.Photos.07-14-17.pdf 67 RLH TA Deleting the Appealed Special Tax Assessment for property at 650 18-488 OAKDALE AVENUE. (File No. J1815A, Assessment No. 188544) Sponsors: Noecker Attachments: 650 Oakdale Ave.SA Letter.5-11-18.pdf 650 Oakdale Ave.Photo.5-18-18.pdf City of Saint Paul Page 16 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 68 RLH TA Ratifying the Appealed Special Tax Assessment for property at 883-893 18-461 PAYNE AVENUE. (File No. J1815A, Assessment No. 188544) Sponsors: Bostrom Attachments: 893 Payne Avenue. Summary Abatement .5-4-18 893 Payne Ave.Photos.5-15-18.pdf 69 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1105 18-487 PAYNE AVENUE. (File No. J1815A, Assessment No. 188544) Sponsors: Bostrom Attachments: 1105 Payne Ave.SA Letter.5-16-18.pdf 1105 Payne Ave.Photo.5-21-18.pdf 70 RLH SAO Making finding on the appealed nuisance abatement ordered for 1729 18-64 RANDOLPH AVENUE in Council File RLH SAO 18-44. Sponsors: Tolbert Attachments: 1729 Randolph Ave.Burke Ltr.7-19-18.doc 71 RLH SAO Appeal of Cynthia Johnstone to a Vehicle Abatement Order at 1352 18-69 SEVENTH STREET WEST. Sponsors: Noecker Attachments: 1352 7th Street W.appeal.9-11-18 1352 7th St W.Photos.9-18-18 1352 Seventh St W.Johnstone Ltr.9-20-18.doc 1352 Seventh St W.Johnstone Revised Ltr.9-20-18.doc 1352 Seventh St W.Johnstone Revised Ltr.9-24-18.doc 72 RLH TA Ratifying the Appealed Special Tax Assessment for property at 684 SIMS 18-485 AVENUE. (File No. J1814A, Assessment No. 188543) Sponsors: Bostrom Attachments: 684 Sims Ave.SA Letter.4-25-18.pdf 684 Sims Ave.Photos.5-2-18.pdf 73 RLH TA Ratifying the Appealed Special Tax Assessment for property at 93 18-474 SYCAMORE STREET WEST. (File No. J1815A, Assessment No. 188544) Sponsors: Thao Attachments: 93 Sycamore Ave W.Summary Abatement.5-2-18 93 Sycamore Ave W.Photo.5-17-18.pdf City of Saint Paul Page 17 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 74 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1024 18-511 THIRD STREET EAST. (File No. J1814A, Assessment No. 188543) Sponsors: Prince Attachments: 1024 Third St E.SA Letter.5-4-18.pdf 1024 Third St E.Photo.5-11-18.pdf 75 RLH TA Ratifying the Appealed Special Tax Assessment for property at 1374 VAN 18-476 BUREN AVENUE. (File No. J1815A, Assessment No. 188544) Sponsors: Jalali Nelson Attachments: 1374 Van Buren Ave.Summary Abatement 5-22-18 1374 Van Buren Ave.Photos.5-29-18.pdf 76 RLH TA Ratifying the Appealed Special Tax Assessment for property at 937 18-138 WOODBRIDGE STREET. (File No. J1807A, Assessment No. 188507; amended to File No. J1807A2, Assessment No. 188537) (Public hearing continued from May 2) Sponsors: Thao Attachments: 937 Woodbridge St.SAO Ltr.12-5-17.pdf 937 Woodbridge St.Photos.12-12-17.pdf 77 RLH AR Ratifying the assessments for Property Clean Up services May 2 to 14, 18-65 2018. (File No. J1814A, Assessment No. 188543) Sponsors: Brendmoen Attachments: Assessment Roll J1814A Mailing 8-7-18.pdf 78 RLH AR Ratifying the assessments for Property Clean Up services May 15 to 31, 18-66 2018. (File No. J1815A, Assessment No. 188544) Sponsors: Brendmoen Attachments: Assessment Roll J1815A Mailing 8-7-18.pdf PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) City of Saint Paul Page 18 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 79 RES PH Approving the application of Twin Cities in Motion for sound level variances 18-290 to use amplified sound for announcements, speakers, and music on Saturday, October 6 and Sunday, October 7, 2018 at nine locations during the Medtronic Twin Cities Marathon. Sponsors: Jalali Nelson, Noecker and Thao Attachments: Application ENS #1 Eustis & Marshall Map Cretin & Cleveland Map Moore & Howell map Saratoga & Pascal Map Hamline & Syndicate map Lexington & Oxford map Chatsworth & Milton map Nina & Selby map Capital Grounds Map TC Marathon eustis & marshall Notice to Owners TC Marathon Chatsworth & Milton Notice to Owners TC Marathon Lexington & oxford Notice to Owners TC Marathon hamline & syndicate Notice to Owners TC Marathon saratoga & Pascal Notice to Owners TC Marathon moore & howell Notice to Owners TC Marathon Cretin & Cleveland Notice to Owners Nina & Selby Notice to Owners Capital Grounds Notice to Owners Eustis & Marshall owners list Marathon Cretin & Cleveland Owners List Moore & Howell Owners List Saratoga & Pascal owners list Hamline & Syndicate Owners List Lexington & Oxford Owners List Chatsworth & Milton Owners List Nina & Selby Owners List Capital Grounds Owners List Letter to Applicant Andrews email Cochran email Heiderich emai Kennelly email City of Saint Paul Page 19 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 Starns email 80 RES PH Approving the application of GetKnit Events for a sound level variance to 18-291 present live, amplified music on Saturday, October 27, 2018 at 550 Vandalia Street during the Lake Monster Bash event. Sponsors: Jalali Nelson Attachments: Lake Monster Bash.ENS #1 Map Notice to Owners List of Owners Letter to Applicant 81 RES PH Approving the application of the Cathedral Heritage Foundation for a 18-292 sound level variance to present amplified music and announcements on Thursday, October 4, 2018 in the parking lot at Summit and Selby Avenues and Maiden Lane for the Cathedral Festival of Lights. Sponsors: Thao Attachments: Application ENS Map Notice to Owners List of Owners Letter to Applicant 82 RES PH Approving the application of Meritage Restaurant for a sound level 18-293 variance to present live amplified music at Hamm Plaza, 99 6th Street West, on Sunday, October 14, 2018 for Oysterfest. Sponsors: Noecker Attachments: Application ENS Map Notice to Owners Owners List Letter to Applicant City of Saint Paul Page 20 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 83 RES PH Approving the application of Visit Saint Paul for a sound level variance for 18-297 live music and DJs between 174 and 258 7th Street West during the Wild Home Opener Hocktoberfest Event on October 6, 2018. Sponsors: Noecker Attachments: Application ENS Map Notice to Owners List of Owners Letter to Applicant 84 RES PH Approving the application of Final Stretch Inc. for a sound level variance to 18-298 present outdoor music and announcements for the Unleash the SHE 5K/10K Event on Sunday, October 14, 2018 at Lake Phalen Park. Sponsors: Bostrom Attachments: Application ENS Map Notice to Owners Owners List Letter to Applicant 85 RES PH Approving the request of District Energy St. Paul, Inc. to amend District 18-269 Cooling rates for fiscal year 2019. Sponsors: Brendmoen Attachments: DCDH Staff Report FY19 86 RES PH Approving the request of District Energy St. Paul, Inc. to amend District 18-270 Heating rates for fiscal year 2019. Sponsors: Brendmoen Attachments: DCDH Staff Report FY19 87 RES PH Approving the preliminary and final plat for Saint Paul College. 18-294 Sponsors: Thao Attachments: Application Materials Staff Report 2017038Cplat-R1-Sheet 1 2017038Cplat-R1-Sheet 2 City of Saint Paul Page 21 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 88 RES PH Approving adverse action against the Auto Repair Garage, Gas Station, 18-295 and Cigarette/Tobacco licenses held by Sunray Gas, LLC, d/b/a Sunray BP at 344 Ruth Street North. Sponsors: Prince Attachments: Notice of Council Hearing with Affidavit of Service dated September 18th 2018.pdf Uncontested License Matter Coversheet.pdf Letter from Thomas Ferrara to Cigarette-Tobacco Holders dated June 6th 2018.pdf Inspection Report with supporting documentation dated August 8th 2018.pdf Notice of Violation with Affidavit of Service dated August 27th 2018.pdf Email and letter from licensee requesting a public hearing dated September 6th 2018.pdf Notice of Violation with Affidavit of Service dated December 13th 2017.pdf Email from Linda Koran indicating $500 matrix penalty payment dated December 28th 2017.pdf Notice of Violation with Affidavit of Service dated June 28th 2018.pdf Amended Signature Copy of RES PH #18-206 signed by the Mayor on August 7th 2018.pdf Notice of City Council Action dated August 22nd 2018.pdf License Group Comments Text dated August 27th 2018.pdf Saint Paul Legislative Code Section 324.07.pdf Saint Paul Legislative Code Section 324.11.pdf Minn. Stat. Section 609.685.pdf 89 RES PH Approving adverse action against the Second Hand Dealer license 18-296 application submitted by Thrifty Nifty, LLC, d/b/a Thrifty Nifty at 741 University Avenue West. Sponsors: Thao Attachments: Notice of Council Hearing with Affidavit of Service sent September 19th 2018.pdf Uncontested License Matter Coversheet.pdf License Application dated August 8th 2018.pdf Notarized Personal Affidavit dated August 10th 2018.pdf Email from Sergeant Stanway with background check informatino dated August 24th 2018.pdf Criminal-Traffic-Petty Case Records Search Results from MNCIS Systems dated August 29th 20 Notice of Intent to Deny License with Affidavit of Service dated September 6th 2018.pdf Letter from licensee requesting a public hearing dated September 11th 2018.pdf License Group Comments Text and licensee information from ECLIPS System dated September Saint Paul Legislative Code Section 310.06.pdf 90 RES PH Ratifying the assessment for installation of a fire protection system, as 18-216 requested by Housing and Redevelopment Authority of Saint Paul, for 17 West 7th Place. (File No. FP2018-03, Assessment No. 187102) Sponsors: Noecker Attachments: Assessment Roll City of Saint Paul Page 22 Printed on 10/3/2018 City Council Meeting Agenda October 3, 2018 91 RES PH Ratifying the assessments for Replacement of Lead Water Service Line on 18-242 Private Property during April to June 2018. (File No. 1804LDSRP, Assessment No. 184003) Sponsors: Brendmoen Attachments: Assessment Roll 92 RES PH Ratifying the assessments for Replacement of Sanitary Sewer Line on 18-243 Private Property during April to June 2018. (File No. SWRP1805, Assessment No. 183004) Sponsors: Brendmoen Attachments: Assessment Roll V. Xiong Fax 93 RES PH Ratifying the assessment for the Como Avenue from Commonwealth to 18-248 Brompton paving and lighting project constructed as part of the 2018 St. Paul Street Paving Program (SPS). (File No. 19205, Assessment No. 185201) Sponsors: Jalali Nelson Attachments: Assessment Roll Special Asmts Memo - Streets 9-11-18 94 RES PH Ratifying the assessment for the Woodlawn/Jefferson area paving and 18-249 lighting project constructed as part of the 2018 St. Paul Street Paving Program (SPS). (File No. 19208, Assessment No. 185200) Sponsors: Tolbert Attachments: Assessment Roll Special Asmts Memo - Streets 9-11-18 95 RES PH Ratifying the assessment for the Wheelock Parkway from Danforth to 18-250 Arlington paving and lighting project constructed as part of the 2018 St. Paul Street Paving Program (SPS). (File No. 19230, Assessment No. 185202) Sponsors: Brendmoen Attachments: Assessment Roll Special Asmts Memo - Streets 9-11-18 R. Williams Email ADJOURNMENT City of Saint Paul Page 23 Printed on 10/3/2018 City Council Meeting Agenda October 3, 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 24 Printed on 10/3/2018