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03-28-2012 Council PacketCity Council City of Saint Paul Meeting Agenda City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Melvin Carter III Councilmember Russ Stark Councilmember Dave Thune Councilmember Chris Tolbert City Hall Room 403:30 PMWednesday, March 28, 2012 ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 CO 12-9 Letters from the Department of Safety and Inspections declaring 1280 Barclay Street, 77 Congress Street East, 1117 Hudson Road, and 482 Stinson Street as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Sponsors:Lantry, Thune, Brendmoen and Bostrom 1280 Barclay St.OTA.pdf 77 Congress St E.OTA.pdf 1117 Hudson Rd.OTA.pdf 482 Stinson St.OTA.pdf Attachments: CONSENT AGENDA Note: 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. 2 RES 12-557 Authorizing the Department of Human Resources, through the Healthy Saint Paul program, to accept a donation from Ergotron of five (5) complimentary sit to stand workstation units. Sponsors:Lantry 3 RES 12-553 Authorizing the Police Department to enter into an agreement with the Federal Bureau of Investigation (FBI), Minneapolis Division Joint Terrorism Task Force. Sponsors:Lantry Joint Terrorism Task Force.pdfAttachments: Page 1 City of Saint Paul Printed on 3/27/2012 March 28, 2012City Council Meeting Agenda 4 RES 12-556 Approving the contract for Lockridge Grindel Nauen to provide lobbying services for the City of Saint Paul. Sponsors:Lantry 5 RES 12-527 Amending the legal description of a 1997 vacation resolution affecting the Port Authority-owned Beacon Bluff redevelopment site (former 3M Company property) to correct a directional call. Sponsors:Bostrom 6 RES 12-484 Approving the application with conditions, per the Deputy Legislative Hearing Officer, for a modification to an existing license to permit Jeff Rauschnot to be employed at the establishment with the following licenses: Liquor On Sale - 100 Seats or less, Liquor On Sale - Sunday, Gambling Location, and Restaurant (3) 13-50 seats for Ron's Bar LLC (20100002655), Ron's Bar, 879 Rice Street. Sponsors:Carter III January 5, 2012 Minutes August 18, 2011 Minutes Conditions Affidavit Request for Change to License Conditions Letter of Objection from District 6 - July 26, 2011 Letter of Concern from District 6 - July 11, 2011 Aerial Photo Photos STAMP Activities December 2011 STAMP Activities August 2011 Police Incident Report December 2011 Police Incident Report August 2011 Attachments: 7 RES 12-585 Waiving the 45 day notice requirement for issuance of an Off Sale license for Perrier on Grand LLC, d/b/a Perrier Wines & Liquors, 666 Grand Avenue. Sponsors:Thune 8 RES 12-456 Revising the 2011 Right-of-Way Maintenance Assessment for 91 Ridder Circle in settlement of an appeal by Semple Enterprises, Inc. Sponsors:Thune 9 RLH AR 12-48 Amending Council Files RLH AR 12-2 and RLH TA 12-22 to delete the assessment for Excessive Inspection Services during August 2011 at 1339 PAYNE AVENUE . (File No. J1202E, Assessment No. 128301) Sponsors:Lantry Page 2 City of Saint Paul Printed on 3/27/2012 March 28, 2012City Council Meeting Agenda 10 RLH TA 12-174 Amending Council File RLH AR 11-74 to delete the assessment for Vacant Building Fees from June 2011 at 785-787 FOURTH STREET EAST. (File No. VB1112, Assessment No. 118097) Sponsors:Lantry FOR DISCUSSION No discussion items 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 11 Ord 12-9 Amending sections 1.02, 2.01, 2.04, 4.01.1, 4.01.2, 4.01.3, 7.04, 8.02, 8.02.2, 8.02.4, 17.07.1, and 17.07.2 of the City Charter, pursuant to Minnesota Statutes § 410.12, subd. 7 (2010), standardizing the use of the term "ward." Sponsors:Lantry Charter Commission Letter and Ordinance to City Clerk Ord 12-9.pdf Public Hearing Notice Attachments: 12 Ord 12-11 Amending Section 409.02 and 409.06 of the Saint Paul Legislative Code and creating Section 409.29 pertaining to an Off-Sale Wine Only license. Sponsors:Lantry 13 Ord 12-13 Amending Chapter 348 of the Saint Paul Legislative Code pertaining to license requirements for animal daycare and/or animal boarding. Sponsors:Thune 14 Ord 12-14 Amending Chapter 33.04 of the Legislative Code to create plan review fees governing fire alarm systems. Sponsors:Lantry Third Reading, No Public Hearing 15 Ord 12-16 Memorializing City Council action granting the application of the Saint Paul Port Authority for the rezoning of properties in the area east of Forest Street and north of Phalen Boulevard from VP Vehicular Parking to I1 Industrial, from RM2 Medium Density Multiple-Family Residential to R4 One-Family Residential, and from I1 Industrial to R4 One-Family Residential, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held February 15, 2012) Sponsors:Bostrom BBnorth rezoning map.pdfAttachments: Page 3 City of Saint Paul Printed on 3/27/2012 March 28, 2012City Council Meeting Agenda 16 Ord 12-17 Memorializing City Council action taken on February 15, 2012, granting the application of City View Apartments Inc. to rezone property at 743 3rd Street E. from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Zoning File #11-299-652) (Public hearing held on February 15, 2012) Sponsors:Lantry Second Reading 17 Ord 12-18 Amending Chapter 344 of the Legislative Code to update and clarify the Pawn Shop Ordinance. Sponsors:Lantry First Reading 18 Ord 12-21 Memorializing City Council action taken on March 7, 2012 granting the application of the Port Authority for the rezoning of 900 Bush Avenue, 881 Bush Avenue, 847 Bush Avenue, 860 Bush Avenue, and 840 Reaney Avenue from I2 General Industrial to I1 Light Industrial, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map (ZF #12-004-413). (Public hearing held March 7, 2012) Sponsors:Bostrom SUSPENSION ITEMS RES 12-594 Declaring Saturday March 31, 2012 at 8:30 to 9:30 p.m. to be "Earth Hour" in the City of Saint Paul. Sponsors:Thune ADJOURNMENT Council Meeting Information Web Meetings are available on the Council's website. Email notification and web feeds (RSS) of newly released Minutes, Agendas and Meetings are available by subscription. Please visit www.stpaul.gov/council for meeting videos and updated copies of the Agendas, Minutes and supporting documents. Cable Meetings are live on St Paul Channel 18 and replayed on: Thursdays at 5:30 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change) Page 4 City of Saint Paul Printed on 3/27/2012 City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1CO 12-9 Name:OTAs 4 Addresses Status:Type:Communications & Receive/File Agenda Ready In control:City Council Final action: Title:Letters from the Department of Safety and Inspections declaring 1280 Barclay Street, 77 Congress Street East, 1117 Hudson Road, and 482 Stinson Street as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Sponsors:Kathy Lantry, Dave Thune, Amy Brendmoen, Dan Bostrom Indexes:Order to Abate Nuisance, Ward - 2, Ward - 5, Ward - 6, Ward - 7 Code sections: Attachments:1280 Barclay St.OTA.pdf 77 Congress St E.OTA.pdf 1117 Hudson Rd.OTA.pdf 482 Stinson St.OTA.pdf Action ByDate Action ResultVer. Title Letters from the Department of Safety and Inspections declaring 1280 Barclay Street, 77 Congress Street East, 1117 Hudson Road, and 482 Stinson Street as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ DEPARTMENT OF SAFETY AND INSPECTIONS Steve Magner, Manager of Code Enforcement CITY OF SAINT PAUL Christopher B. Coleman, Mayor 375 Jackson Street., Suite 220 Saint Paul, MN 55101-1806 Telephone: 651-266-8989 Facsimile: 651-266-1919 Web: www.stpaul.gov/dsi 331 March 19, 2012 08-219578 Staice June 6516 SW 24th Court Topeka KS 66614-5607 Household Industrial Finance Co Birch Run Station 1737-C Beam Avenue Maplewood MN 55109 Order to Abate Nuisance Building(s) Dear Sir or Madam: The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 1280 BARCLAY ST With the following Historic Preservation information: NONE and legally described as follows, to wit: Rogers Hendricks Acre Lots 2 N 1/2 Of Lot 17 Blk 3 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On March 16, 2012 a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. All repairs must be in accordance with appropriate codes. Changes or additions to the electrical system, mechanical system, or the plumbing system may necessitate updating or upgrading the systems involved. This is a two-story, wood frame single-family dwelling. An Affirmative Action Equal Opportunity Employer March 19, 2012 1280 BARCLAY ST page 2 Exterior 1. The eaves and soffits are in a state of disrepair or deterioration. Repair all defects, holes, breaks, loose or rotting boards, to a professional state of maintenance. Permit may be required. 2. The exterior walls and/or trim of the house and/or garage has defective, peeled, flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professional manner. 3. The exterior walls of the house and/or garage are defective. Repair all holes, breaks, loose or rotting siding, to a professional state of maintenance. Interior 4. The bathroom floor covering is deteriorated or inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. 5. Lacking deadbolt door locks. Provide one-inch throw deadbolt locks for all entry doors to dwelling unit(s). 6. Lack of Electricity. Immediately restore electrical service. Failure to provide proper electrical service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility. Use of candles, fuel operated lighting or extension cord wiring is not permitted while the power is off. 7. The foundation is deteriorated, defective or in a state of disrepair. Repair all foundation defects in a professional manner to a weather-tight, water-tight and rodent-proof condition. Permit may be required. 8. FURNACE: Have a licensed heating contractor service and clean the furnace or boiler and make any necessary repairs. Perform a C/O test on the heating plant. Then, send the attached form back to the Inspector. Repair of gas fired appliances requires a permit. 9. Lack of Natural Gas Service. Immediately restore natural gas service. Failure to provide natural gas service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility. 10. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be Required. 11. The stairs have missing or defective handrails. Provide all interior and exterior stairways and steps of more that three (3) risers with handrails which are grippable and installed 34" to 38" above the nose of the stair treads. 12. The interior ceilings are defective. Repair all ceiling defects and finish in a professional manner. 13. The interior walls are defective. Repair all wall defects and finish in a professional manner. 14. SANITATION: Immediately remove improperly stored or accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc., from yard. The Saint Paul March 19, 2012 1280 BARCLAY ST page 3 Legislative Code requires all exterior property areas to be maintained in a clean and sanitary condition. Usable materials must be stored in an approved manner, so as not to constitute a nuisance. 15. Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning smoke detectors in accordance with the attached requirement, within 24 hours. 16. DEFECTIVE STAIRS. Stairs are broken, defective, or in disrepair. Repair in a professional manner. 17. Lack of Water Service. Immediately restore water service. Failure to provide water service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility. 18. The window and/or door screens are missing, defective or in a state of disrepair. Provide proper window and door screens for all openable windows and doors. Screens must be tight-fitting and securely fastened to the frames. 19. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hardware and associated trim in a professional manner. Permit may be required. 20. Lacking window locks. Provide operable window locks for all windows except third floor and above. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by April 19, 2012 the Department of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs and demolition costs will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651) 266-8989. This inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($5,000.00) performance bond with the Department of Safety and Inspections before any permits are issued, except for a demolition permit. Call the Department of Safety and Inspections for more information at 651-266-8989. If this building is located in a historic district or site (noted on page 1, above, just below the property address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for the repairs required by this order and compliance with preservation guidelines. Copies of the guidelines and design review application and forms are available from the Department of Safety and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued without HPC review and approval. HPC staff also can be reached by calling 651-266-9078. As an owner or responsible party, you are required by law to provide full and complete disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and any subsequent owners. The property shall not be sold, transferred or conveyed in any manner March 19, 2012 1280 BARCLAY ST page 4 until the Nuisance Conditions have been abated and the Certificate of Code Compliance or Certificate of Occupancy has been issued. The Enforcement Officer is required by law to post a placard on this property which declares it to be a "nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The department is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement action the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact Rich Singerhouse between the hours of 8:00 and 9:30 a.m. at 651-266-1945, or you may leave a voice mail message. Sincerely, Rich Singerhouse Vacant Buildings Enforcement Inspector cc: Legistar Approval list and City Council ota60135 5/11 DEPARTMENT OF SAFETY AND INSPECTIONS Steve Magner, Manager of Code Enforcement CITY OF SAINT PAUL Christopher B. Coleman, Mayor 375 Jackson Street., Suite 220 Saint Paul, MN 55101-1806 Telephone: 651-266-8989 Facsimile: 651-266-1919 Web: www.stpaul.gov/dsi 352 March 19, 2012 11-139117 Michael C Whelan/Jennifer R Mendel 77 Congress St E St Paul MN 55107-2230 Jennifer Mendel 10340 199th St W Lakeville MN 55044 Jennifer Mendel c/o Distinctive Cleaning 815 W 106th Street Minneapolis MN 55420-5603 Order to Abate Nuisance Building(s) Dear Sir or Madam: The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 77 CONGRESS ST E With the following Historic Preservation information: NONE and legally described as follows, to wit: West St Paul Blks 1 Thru 99 Com At A Pt On S L Of Lot 4 100 Ft From Se Cor Thereof Th W 42 Ft Th N At Ra To N L Of Sd Lot Th E Along Sd N L To Inter Thereof With A L Run From A Pt On Nely L Of Blk 53 100 Ft From Se Cor To Pt Of Beg Of This Desc Th To Beg Being Part Of Lot 4 Also Par to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On March 6, 2012 a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. All repairs must be in accordance with appropriate codes. Changes or additions to the electrical system, mechanical system, or the plumbing system may necessitate updating or upgrading the systems involved. This is a one-story, masonry and steel, commercial building and its detached, wood frame and metal utility shed. An Affirmative Action Equal Opportunity Employer March 19, 2012 77 CONGRESS ST E page 2 Interior Mold throughout the ceiling Broken, hazardous windows Open plumbing Unapproved ceiling light installations Exterior Vandalized air conditioning installation Open electrical wiring Leaking roof Electrical meter yellow tagged off Water and Gas service off As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by April 19, 2012 the Department of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs and demolition costs will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651) 266-8989. This inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($5,000.00) performance bond with the Department of Safety and Inspections before any permits are issued, except for a demolition permit. Call the Department of Safety and Inspections for more information at 651-266-8989. If this building is located in a historic district or site (noted on page 1, above, just below the property address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for the repairs required by this order and compliance with preservation guidelines. Copies of the guidelines and design review application and forms are available from the Department of Safety and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued without HPC review and approval. HPC staff also can be reached by calling 651-266-9078. As an owner or responsible party, you are required by law to provide full and complete disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and any subsequent owners. The property shall not be sold, transferred or conveyed in any manner until the Nuisance Conditions have been abated and the Certificate of Code Compliance or Certificate of Occupancy has been issued. The Enforcement Officer is required by law to post a placard on this property which declares it to be a "nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The department is further required to file a copy of this "Order to Abate" with the City Clerk's Office. March 19, 2012 77 CONGRESS ST E page 3 If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement action the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact Dennis Senty between the hours of 8:00 and 9:30 a.m. at 651-266-1930, or you may leave a voice mail message. Sincerely, Dennis Senty Vacant Buildings Enforcement Inspector cc: Legistar Approval list and City Council ota60135 5/11 DEPARTMENT OF SAFETY AND INSPECTIONS Steve Magner, Manager of Code Enforcement CITY OF SAINT PAUL Christopher B. Coleman, Mayor 375 Jackson Street., Suite 220 Saint Paul, MN 55101-1806 Telephone: 651-266-8989 Facsimile: 651-266-1919 Web: www.stpaul.gov/dsi 331 March 19, 2012 11-305510 Mary Vasquez 1117 Hudson Rd St Paul MN 55106-6107 Mary Vasquez 138 Rose Place E Little Canada MN 55117 Bank of New York Mellon 9062 Old Annapolis Road Columbia MD 21045 MERS PO Box 2026 Flint MI 48501-2026 Midwest Lending Corp 8011 34th Avenue S Bloomington MN 55425 Irwin Mortgage Corp PO Box 6107 Indianapolis IN 46206-6107 Order to Abate Nuisance Building(s) Dear Sir or Madam: The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 1117 HUDSON ROAD With the following Historic Preservation information: NONE District: Building Name: Inventory #: _ and legally described as follows, to wit: H F Schwabes Addition Lot 32 Blk 4 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On March 7, 2012 a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. All repairs must be in accordance with appropriate codes. Changes or additions to the electrical system, mechanical system, or the plumbing system may necessitate updating or upgrading the systems involved. This is a one and one-half story, wood frame, single-family dwelling with a detached two-stall wood frame garage. An Affirmative Action Equal Opportunity Employer March 19, 2012 1117 HUDSON ROAD page 2 Exterior  The chimney is defective, deteriorated or in a state of disrepair. Replace all missing or defective bricks, tuckpoint as needed to restore the chimney to a professional state of maintenance and repair. Permit may be required.  The window and/or door screens are missing, defective or in a state of disrepair. Provide proper window and door screens for all openable windows and doors. Screens must be tight-fitting and securely fastened to the frames.  STORM DOOR(S): The storm door(s) are in disrepair; repair or replace the door(s). Interior  The bathroom floor covering is deteriorated or inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures.  FURNACE: Have a licensed heating contractor service and clean the furnace or boiler and make any necessary repairs. Perform a C/O test on the heating plant. Then, send the attached form back to the Inspector. Repair of gas fired appliances requires a permit.  G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be Required.  The interior walls are defective. Repair all wall defects and finish in a professional manner.  There is evidence of a rodent infestation. Immediately exterminate and eliminate all rodents from the entire building. Remove rodent harborages in the yard areas. Tuckpoint the foundation if necessary to rodent-proof the building to prevent re-infestation. Immediately remove any dead rodents from the premises.  SANITATION: Immediately remove improperly stored or accumulated refuse including; garbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc., from yard. The Saint Paul Legislative Code requires all exterior property areas to be maintained in a clean and sanitary condition. Usable materials must be stored in an approved manner, so as not to constitute a nuisance.  Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning smoke detectors in accordance with the attached requirement, within 24 hours.  Lack of Water Service. Immediately restore water service. Failure to provide water service will result in these premises being declared Unfit for Human Habitation and ordered vacated for lack of this basic facility.  Remove mold, mildew and moldy or water damaged materials. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by April 19, 2012 the Department of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs March 19, 2012 1117 HUDSON ROAD page 3 and demolition costs will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651) 266-8989. This inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($5,000.00) performance bond with the Department of Safety and Inspections before any permits are issued, except for a demolition permit. Call the Department of Safety and Inspections for more information at 651-266-8989. If this building is located in a historic district or site (noted on page 1, above, just below the property address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for the repairs required by this order and compliance with preservation guidelines. Copies of the guidelines and design review application and forms are available from the Department of Safety and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued without HPC review and approval. HPC staff also can be reached by calling 651-266-9078. As an owner or responsible party, you are required by law to provide full and complete disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and any subsequent owners. The property shall not be sold, transferred or conveyed in any manner until the Nuisance Conditions have been abated and the Certificate of Code Compliance or Certificate of Occupancy has been issued. The Enforcement Officer is required by law to post a placard on this property which declares it to be a "nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The department is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement action the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. March 19, 2012 1117 HUDSON ROAD page 4 If you have any questions or request additional information please contact Rich Singerhouse between the hours of 8:00 and 9:30 a.m. at 651-266-1945, or you may leave a voice mail message. Sincerely, Rich Singerhouse Vacant Buildings Enforcement Inspector cc: Legistar Approval list and City Council ota60135 5/11 DEPARTMENT OF SAFETY AND INSPECTIONS Steve Magner, Manager of Code Enforcement CITY OF SAINT PAUL Christopher B. Coleman, Mayor 375 Jackson Street., Suite 220 Saint Paul, MN 55101-1806 Telephone: 651-266-8989 Facsimile: 651-266-1919 Web: www.stpaul.gov/dsi 321 March 19, 2012 08-193865 Tomas Garcia Orlhuela 3860 Hamilton St Burnsville MN 55337-7790 Leonel Mendez 3454 Lyndale Ave N Minneapolis MN 55412 Order to Abate Nuisance Building(s) Dear Sir or Madam: The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 482 STINSON ST With the following Historic Preservation information: NONE and legally described as follows, to wit: Foundry Addition Lot 10 Blk 2 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On March 3, 2010 a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. All repairs must be in accordance with appropriate codes. Changes or additions to the electrical system, mechanical system, or the plumbing system may necessitate updating or upgrading the systems involved. This is a one-story, wood frame, single-family dwelling with a 1one-stall detached wood frame garage An Affirmative Action Equal Opportunity Employer March 19, 2012 482 STINSON ST page 2 EXTERIOR 1. The chimney is defective, deteriorated or in a state of disrepair. Replace all missing or defective bricks, tuckpoint as needed to restore the chimney to a professional state of maintenance and repair. Permit may be required. 2. The eaves and soffits are in a state of disrepair or deterioration. Repair all defects, holes, breaks, loose or rotting boards, to a professional state of maintenance. Permit may be required. 3. The exterior walls and/or trim of the house and/or garage has defective, peeled, flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professional manner. 4. The foundation is deteriorated, defective or in a state of disrepair. Repair all foundation defects in a professional manner to a weather-tight, water-tight and rodent-proof condition. Permit may be required. 5. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condition. Permit may be required. 6. The exterior walls of the house and/or garage are defective. Repair all holes, breaks, loose or rotting siding, to a professional state of maintenance. 7. The exterior walls of the garage are defective. Repair all holes, breaks, loose or rotting siding, to a professional state of maintenance. 8. STORM DOOR(S): The storm door(s) are in disrepair; repair or replace the door(s). 9. The window and/or door screens are missing, defective or in a state of disrepair. Provide proper window and door screens for all openable windows and doors. Screens must be tight-fitting and securely fastened to the frames. 10. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hardware and associated trim in a professional manner. Permit may be required. 11. Peeling paint and rotting wood on trim 12. Repair or replace dilapidated gutters As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by April 6, 2012 the Department of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs and demolition costs will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651) 266-8989. This inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar ($5,000.00) performance bond with the Department of Safety and Inspections before any permits are issued, March 19, 2012 482 STINSON ST page 3 except for a demolition permit. Call the Department of Safety and Inspections for more information at 651-266-8989. If this building is located in a historic district or site (noted on page 1, above, just below the property address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for the repairs required by this order and compliance with preservation guidelines. Copies of the guidelines and design review application and forms are available from the Department of Safety and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued without HPC review and approval. HPC staff also can be reached by calling 651-266-9078. As an owner or responsible party, you are required by law to provide full and complete disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and any subsequent owners. The property shall not be sold, transferred or conveyed in any manner until the Nuisance Conditions have been abated and the Certificate of Code Compliance or Certificate of Occupancy has been issued. The Enforcement Officer is required by law to post a placard on this property which declares it to be a "nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The department is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement action the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact Joe Yannarelly between the hours of 8:00 and 9:30 a.m. at 651-266-1920, or you may leave a voice mail message. Sincerely, Joe Yannarelly Vacant Buildings Enforcement Inspector cc: Legistar Approval list and City Council ota60135 5/11 City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-557 Name: Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Authorizing the Department of Human Resources, through the Healthy Saint Paul program, to accept a donation from Ergotron of five (5) complimentary sit to stand workstation units. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Authorizing the Department of Human Resources, through the Healthy Saint Paul program, to accept a donation from Ergotron of five (5) complimentary sit to stand workstation units. Body WHEREAS Ergotron wants to give potential customers an opportunity to try out the sit to stand workstations for themselves in order to better understand the health and productivity gains that can be achieved through a healthier more active sit to stand work routine than is traditionally offered in sedentary work environments. WHEREAS Ergotron feels giving customers this opportunity better equips them to make future business decision on a broader integration. The sit to stand units are free to keep with no obligation. WHEREAS Ergotron has offered five (5) complimentary sit to stand units to the City of Saint Paul through its Healthy Saint Paul program. The sit to stand units will be placed initially in areas of high visibility and will be rotated among departments every eight weeks to allow for trial periods among City of Saint Paul employees. RESOLVED that the Council of the City of Saint Paul hereby approves the five sit to stand complimentary units being offered to the City of Saint Paul with the understanding that there is no present or future obligation to purchase these units or any additional units. City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-553 Name:Joint Terrorism Task Force Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Authorizing the Police Department to enter into an agreement with the Federal Bureau of Investigation (FBI), Minneapolis Division Joint Terrorism Task Force. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Joint Terrorism Task Force.pdf Action ByDate Action ResultVer. Title Authorizing the Police Department to enter into an agreement with the Federal Bureau of Investigation (FBI), Minneapolis Division Joint Terrorism Task Force. Body RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached agreement with the Federal Bureau of Investigation (FBI). The Saint Paul Police Department will participate in the Minneapolis Division Joint Terrorism Task Force with the Federal Bureau of Investigation (FBI). The Saint Paul Police Department will be reimbursed for overtime expenses. City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-556 Name:Approving the lobbying contract for the City with Lockridge Grindel Nauen to provide lobbying services for the City of Saint Paul as contracted by the Mayor's Office. Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving the contract for Lockridge Grindel Nauen to provide lobbying services for the City of Saint Paul. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Approving the contract for Lockridge Grindel Nauen to provide lobbying services for the City of Saint Paul. Body WHEREAS, Saint Paul Administrative Code §45.03 requires that all contracts for lobbying activities be first authorized by resolution of the city council; and WHEREAS, the Mayor's Office wishes to contract with Lockridge Grindel Nauen to provide, among other services, legislative lobbying for federal issues; and WHEREAS, the city council finds that the scope of services in the proposed agreement are consistent with the city's federal legislative agenda; now, therefore, be it RESOLVED, that the city council authorizes the appropriate city officials to enter into the attached professional services agreement with Lockridge Grindel Nauen. City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-527 Name:Beacon Bluff: Legal Description Correction Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Amending the legal description of a 1997 vacation resolution affecting the Port Authority-owned Beacon Bluff redevelopment site (former 3M Company property) to correct a directional call. Sponsors:Dan Bostrom Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Amending the legal description of a 1997 vacation resolution affecting the Port Authority-owned Beacon Bluff redevelopment site (former 3M Company property) to correct a directional call. Body WHEREAS, On October 22, 1997 the City Council approved Council File No. 97-1133 vacating an easement over a small triangular portion of Lot 30, Block 2, Hills Addition to Saint Paul, as recorded in the Office of the County Recorder in and for Ramsey County, Minnesota, as Document Nos. 3054791 and 1186180 (the "Vacation"); and WHEREAS, the legal description of Parcel 3 in the vacated area is defective and nonsensical by stating the directional call "southwesterly" instead of "southeasterly;" now, therefore be it RESOLVED, that the Mayor and Council of the City of saint Paul do hereby approve a corrected legal description for Parcel 3 in the Vacation to read as follows: That part of Lot 30, Block 2, Hills Addition as taken for right-of-way purposes in document #2129676, lying southeasterly of the following described line: From the southeast corner of the said Lot 30; thence northerly along the east line of said Lot 30 a distance of 15 feet to the point of beginning; thence southwesterly to a point on the south line of the said Lot 30 lying 15 feet westerly of the said southeast corner and there terminating. ; and be it further RESOLVED, that the proper city officials are hereby authorized and directed ro record a copy of this correction resolution in the office of the Ramsey County Recorder and/or Registrar of Titles. Financial Analysis None City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-484 Name:Ron's Bar, 879 Rice Street, License Modification Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving the application with conditions, per the Deputy Legislative Hearing Officer, for a modification to an existing license to permit Jeff Rauschnot to be employed at the establishment with the following licenses: Liquor On Sale - 100 Seats or less, Liquor On Sale - Sunday, Gambling Location, and Restaurant (3) 13-50 seats for Ron's Bar LLC (20100002655), Ron's Bar, 879 Rice Street. Sponsors:Melvin Carter III Indexes:License Code sections: Attachments:January 5, 2012 Minutes August 18, 2011 Minutes Conditions Affidavit Request for Change to License Conditions Letter of Objection from District 6 - July 26, 2011 Letter of Concern from District 6 - July 11, 2011 Aerial Photo Photos STAMP Activities December 2011 STAMP Activities August 2011 Police Incident Report December 2011 Police Incident Report August 2011 Action ByDate Action ResultVer. Title Approving the application with conditions, per the Deputy Legislative Hearing Officer, for a modification to an existing license to permit Jeff Rauschnot to be employed at the establishment with the following licenses: Liquor On Sale - 100 Seats or less, Liquor On Sale - Sunday, Gambling Location, and Restaurant (3) 13-50 seats for Ron's Bar LLC (20100002655), Ron's Bar, 879 Rice Street. Body WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for Ron's Bar for a modification to an existing license to permit Jeff Rauschnot to be employed at the establishment with the following licenses: Liquor On Sale - 100 Seats or less, Liquor On Sale - Sunday, Gambling Location, and Restaurant (3) 13-50 seats license, be approved with the following conditions: 1. The liquor service area is restricted to the first floor only. No service, sale, and/or consumption of liquor is permitted on the second floor area. 2. The licensee agrees to obtain prior written approval from the Department of Safety and Inspections (DSI) before any occupancy and/or use of the second floor is established. City of Saint Paul Printed on 3/27/2012Page 1 of 2 powered by Legistar™ File #: RES 12-484, Version: 1 3. The licensee shall maintain a lease for exclusive use of the parking spaces on the parcels of land with property identification numbers 252923410133, 252923410152, and 252923410151 at all times the business is in operation. 4. Jeff Rauschnot may be employed at the bar between the hours of 7:00 a.m. to 5:30 p.m. Mr. Rauschnot cannot have any managerial responsibilities associated with the business and/or its operation, nor have any financial interest in the corporation holding the liquor license. 5. The license holder shall provide and maintain video surveillance cameras inside and outside on the premises in accordance with Saint Paul Police Department (SPPD) recommendations (cameral placement and quality must be approved by SPPD). The video recordings shall be kept by the license holder for at least thirty (30) days and shall be available for viewing by the Saint Paul Police Department (SPPD) immediately upon request. In addition, if the SPPD responds to a call at the licensed premises, and due to the crime, requests that a copy of the surveillance footage be immediately provided, the license holder shall have technology available to make the copy at the time of the request and shall have it for the police without delay. In other cases, if the SPPD or the Department of Safety and Inspections (DSI) requests copies of the surveillance tapes, licensee shall have a 48-hour period in which to provide such copies. 6. The licensee shall provide DSI the name and applicable contact information (i.e., home address, date of birth, etc.) for the on-site manager of the establishment when Shannon Isaac is not present. This information shall be kept current and up-to-date with DSI at all times this business is in operation. 7. The establishment shall close no later than 1:00 a.m. each night of the week, with last call service given no later than 12:30 a.m. It shall be the responsibility of the licensee to ensure that all customers and/or patrons have vacated the premises (both inside and outside) by no later than 1:30 a.m. 8. The licensee shall obtain prior written approval from DSI - Environmental Health prior to providing and/or allowing any type of food service in the establishment. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions. The conditions affidavit was submitted on March 1, 2012. City of Saint Paul Printed on 3/27/2012Page 2 of 2 powered by Legistar™ LICENSE HEARING MINUTES Ron’s Bar, 879 Rice Street Thursday, January 5, 2012, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 2:10 p.m. Staff Present: Christine Rozek and Kris Schweinler, Department of Safety and Inspections (DSI) Applicant: Shannon Isaac, owner Ron’s Bar: Request to modify the existing license condition(s) to permit Jeff Rauschnot to be employed at the establishment for a business with the following existing licenses: Liquor On Sale – 100 Seats or less, Liquor On Sale – Sunday, Gambling Location, and Restaurant (3) 13-50 seats for Ron’s Bar LLC, doing business as Ron’s Bar (ID #20100002655) at 879 Rice Street. Ms. Vang stated that the hearing was a continuation of the hearing from August 18, 2011. She asked whether there had been any changes since the last hearing. Ms. Isaac responded that they now had bar bingo on Thursday evenings and her husband, Jeff, helped her two to three days per week working during the morning hours at the bar. It was primarily Jeff working with her and her son would help out whenever he could or they needed his help. They closed the bar at 1 a.m.; however, during the week, they would sometimes close at 10 or 11 p.m. depending on the number of customers in the bar at the time. Ms. Vang clarified that Ms. Isaac originally requested that condition #4 be modified to allow her husband, Jeff Rauschnot, to work in the bar. Ms. Isaac responded that this was correct. Ms. Vang stated that she had reviewed the police reports since the last hearing and there had been no new complaints. Since everything had been going very well; she was recommending condition #4 be modified to allow Mr. Rauschnot to work in the bar. Ms. Schweinler asked Ms. Isaac if she would prefer to change the time to later than 3:30 p.m. Ms. Isaac responded that 5:30 p.m. would be preferable since she had another job. After reviewing all of the documents of record, Ms. Vang said she will recommend to the City Council that they approve the license with the modified condition. The proposed conditions were agreed to by Ms. Isaac and are as follows: 1. The liquor service area is restricted to the first floor only. No service, sale, and/or consumption of liquor is permitted on the second floor area. 2. The licensee agrees to obtain prior written approval from the Department of Safety and Inspections (DSI) before any occupancy and/or use of the second floor is established. 3. The licensee shall maintain a lease for exclusive use of the parking spaces on the parcels of land with property identification numbers 252923410133, 252923410152, and 252923410151 at all times the business is in operation. Ron’s Bar Licensing Hearing Minutes – January 5, 2012 Page 2 4. Jeff Rauschnot may be employed at the bar between the hours of 7:00 a.m. to 5:30 p.m. Mr. Rauschnot cannot have any managerial responsibilities associated with the business and/or its operation, nor have any financial interest in the corporation holding the liquor license. 5. The license holder shall provide and maintain video surveillance cameras inside and outside on the premises in accordance with Saint Paul Police Department (SPPD) recommendations (cameral placement and quality must be approved by SPPD). The video recordings shall be kept by the license holder for at least thirty (30) days and shall be available for viewing by the Saint Paul Police Department (SPPD) immediately upon request. In addition, if the SPPD responds to a call at the licensed premises, and due to the crime, requests that a copy of the surveillance footage be immediately provided, the license holder shall have technology available to make the copy at the time of the request and shall have it for the police without delay. In other cases, if the SPPD or the Department of Safety and Inspections (DSI) requests copies of the surveillance tapes, licensee shall have a 48-hour period in which to provide such copies. 6. The licensee shall provide DSI the name and applicable contact information (i.e., home address, date of birth, etc.) for the on-site manager of the establishment when Shannon Isaac is not present. This information shall be kept current and up-to-date with DSI at all times this business is in operation. 7. The establishment shall close no later than 1:00 a.m. each night of the week, with last call service given no later than 12:30 a.m. It shall be the responsibility of the licensee to ensure that all customers and/or patrons have vacated the premises (both inside and outside) by no later than 1:30 a.m. 8. The licensee shall obtain prior written approval from DSI - Environmental Health prior to providing and/or allowing any type of food service in the establishment. The hearing adjourned at 2:15 p.m. The Conditions Affidavit was signed and submitted on Submitted by: Vicki Sheffer LICENSE HEARING MINUTES Ron’s Bar, 879 Rice Street Thursday, August 18, 2011, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 10:00 a.m. Staff Present: Christine Rozek and Kris Schweinler, Department of Safety and Inspections (DSI) Applicant: Shannon Isaac, owner Others Present: Jeff Rauschnot, husband of applicant; and Kerry Antrim, District 6 Community Council Ron’s Bar: Request to modify the existing license condition(s) to permit Jeff Rauschnot to be employed at the establishment for a business with the following existing licenses: Liquor On Sale – 100 Seats or less, Liquor On Sale – Sunday, Gambling Location, and Restaurant (3) 13-50 seats for Ron’s Bar LLC, doing business as Ron’s Bar (ID #20100002655) at 879 Rice Street. Ms. Isaac presented a petition signed by the bar patrons of Ron’s Bar in support of the license modification to allow Jeff Rauschnot to be employed at the bar. Ms. Vang stated that this was an informal legislative hearing for a license application. This particular license required a Class N notification which means the neighborhood was notified and people had the chance to voice their concerns. The City received one (1) letter of concern from the district council which triggered the hearing. There were three possible results from this hearing: 1) she may recommend that the City Council issue this license without any conditions; 2) she may recommend that the City Council issue this license with agreed upon conditions; or 3) she may recommend that the City Council not issue this license but refer it to the city attorney to take an adverse action on the application, which could involve review by an administrative law judge. The applicant will be required to sign a Conditions Affidavit demonstrating the understanding of the conditions. DSI staff will explain their review of the application and state their recommendation. Ms. Vang will then ask the applicant to discuss their business plan. At the end of the hearing, she will make a recommendation for the City Council to consider. Her recommendation will be on the Consent Agenda; the City Council is the final authority on whether the license is approved or denied. Ms. Schweinler stated that the existing license conditions were as follows: 1. The liquor service area is restricted to the first floor only. No service, sale, and/or consumption of liquor is permitted on the second floor area. 2. The licensee agrees to obtain prior written approval from the Department of Safety and Inspections (DSI) before any occupancy and/or use of the second floor is established. 3. The licensee shall maintain a lease for exclusive use of the parking spaces on the parcels of land with property identification numbers 252923410133, 252923410152, and 252923410151 at all times the business is in operation. Ron’s Bar License Hearing Minutes – August 18, 2011 Page 2 4. Jeff Rauschnot cannot be employed or have any managerial responsibilities associated with the business and/or its operation, nor have any financial interest in the corporation holding the liquor license. 5. The license holder shall provide and maintain video surveillance cameras inside and outside on the premises in accordance with Saint Paul Police Department (SPPD) recommendations (cameral placement and quality must be approved by SPPD). The video recordings shall be kept by the license holder for at least thirty (30) days and shall be available for viewing by the Saint Paul Police Department (SPPD) immediately upon request. In addition, if the SPPD responds to a call at the licensed premises, and due to the crime, requests that a copy of the surveillance footage be immediately provided, the license holder shall have technology available to make the copy at the time of the request and shall have it for the police without delay. In other cases, if the SPPD or the Department of Safety and Inspections (DSI) requests copies of the surveillance tapes, licensee shall have a 48-hour period in which to provide such copies. 6. The licensee shall provide DSI the name and applicable contact information (i.e., home address, date of birth, etc.) for the on-site manager of the establishment when Shannon Isaac is not present. This information shall be kept current and up-to-date with DSI at all times this business is in operation. 7. The establishment shall close no later than 1:00 a.m. each night of the week, with last call service given no later than 12:30 a.m. It shall be the responsibility of the licensee to ensure that all customers and/or patrons have vacated the premises (both inside and outside) by no later than 1:30 a.m. 8. The licensee shall obtain prior written approval from DSI - Environmental Health prior to providing and/or allowing any type of food service in the establishment. 9. The licensee shall schedule a meeting with the District 6 Planning Council on or before April 1, 2011, to provide a forum to discuss any neighborhood issues regarding this establishment. This license was originally issued on September 29, 2010. In April of 2011, Shannon Isaac contacted DSI regarding a modification to license condition #4. On May 4, 2011, Ms. Isaac submitted a request to change license condition #4 to allow Jeff Rauschnot to be employed at the establishment. New condition #4 would state as follows: 4. Jeff Rauschnot cannot be employed or have any managerial responsibilities associated with the business and/or its operation (e.g., hiring/firing employees, issuing orders to employees, ordering product, etc.), nor have any financial interest in the corporation holding the liquor license. Jeff Rauschnot may be employed Monday thru Sunday between the hours of 7:00 a.m. to 3:00 p.m. as a cleaner, bartender, or in a similar type of occupation. The District 6 Planning Council submitted a letter recommending denial of the license modification request. Their letter stated being unable to understand why the applicant would originally claim Jeff Rauschnot would not be part of the business operation during the initial review of the application, then so soon after the license was issued, want to add Mr. Rauschnot to the business operation. Ms. Schweinler explained that issues arose when Mr. Rauschnot was managing the Sports Break Bar on Rice Street and the condition to not allow him to be employed or have any managerial role in the operation of Ron’s Bar was implemented based on the past relationship city staff had with him Ron’s Bar License Hearing Minutes – August 18, 2011 Page 3 Ms. Rozek further explained that she understood the business need for Ms. Isaac to employ Mr. Rauschnot to help with the daily operations of the bar; however, given the rocky relationship in cooperating with city staff in the past, she asked what would be different with Mr. Rauschnot now. Mr. Rauschnot responded that there had never been any shootings, stabbings or any other violence at the Sports Break when he was managing it. He claimed he was friends with all the neighborhood “cops” who worked on Rice Street and that any previous problems were related to his sister, Deb Johnson, who owned the Sports Break and Diva’s. He said he had been “in the pockets” of his sister and his family; however, this was no longer the case; he no longer had anything to do with members of his family, particularly his sister Deb. Ms. Schweinler responded that there were issues outside of the bar in which the police were called on many occasions. There also had been problems with Mr. Rauschnot when he managed the Sports Break over liquor liability insurance coverage, payment of license fees, etc., which resulted in some very heated arguments with her. This was the basis for putting the condition on the license that Mr. Rauschnot not have any managerial role or be employed to work at Ron’s Bar. Ms. Isaac’s stated that she had a full-time job working nights and her son managed the bar during the day in addition to when she couldn’t be there. Her son was going away to school and she needed her husband, Mr. Rauschnot, to work bartending and cleaning while her son was away. She didn’t believe she should have to pay an employee when she couldn’t be there when her husband was available to work. She assured that her husband would not have any managerial role in the operations of the bar. She also pointed out that her husband owned the building. Ms. Vang asked when the license had been issued and if there had been any problems. Ms. Schweinler responded that the license had been issued in October 2010 and there had not been any reported problems at this address. Ms. Vang asked what the hours of operation were, how many days per week, and how many employees were employed. Ms. Isaacs responded that they were open seven-days a week and the hours were from 9 am to midnight. She currently employed her son and two part-time employees. Currently, her husband was present at the bar on a consistent basis but was not working for her in any capacity. Ms. Antrim stated that she had worked with Ms. Isaac when she met with the police during the CPTED process and found her to be very cooperative and had already made the modifications suggested by the police. She explained that the first time the land use committee met to discuss the license application; they felt sympathetic to Ms. Isaac’s economic plight and had recommended approval of the license modification. Upon further review at a more recent meeting, it was determined they had erred in recommending granting approval as it was not the role of the committee to look at the economics of a business. They then reversed their decision and recommended denying the license modification. It was unknown whether Mr. Rauschnot’s employment at the bar would be a detriment to the operation of the establishment since there was no history other than his employment at Sport’s Break. Ms. Vang stated that it was unusual to have an individual named on a license with this type of condition. She asked what precipitated this condition. Ms. Schweinler responded that there had not been any issues with this particular establishment, Ron’s Bar; however, there had been a history of issues with Mr. Rauschnot when he was managing Sport’s Break which resulted in major Ron’s Bar License Hearing Minutes – August 18, 2011 Page 4 confrontations with her and city staff. She asked Mr. Rauschnot whether he was still drinking, whether he had attended anger management classes and whether he was in charge of operating the bar. Mr. Rauschnot responded that he no longer drank, had attended anger management classes and that his wife, Shannon, was in charge of managing the bar and if he had any issues, he would call her for any decisions which would need to be made. If he had unruly or difficult customers, he would call the police for assistance. Ms. Schweinler consulted with Ms. Rozek and suggested that rather than amending the license, staff would do a letter of understanding allowing Mr. Rauschnot to work in the bar from 8 am to 3 pm beginning September 1, 2011 through January 1, 2012. Ms. Rozek requested the hearing be continued to January 2012 to revisit the request to amend the license condition and if there were no problems or incidences between now and that time, they will then consider amending the license condition. Ms. Antrim responded that the district council was in agreement. Ms. Vang recommended continuing the hearing to January 2012 with a new notification being distributed to the neighborhood. 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City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-585 Name:Perrier Wines & Liquors 45-day waiver Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Waiving the 45 day notice requirement for issuance of an Off Sale license for Perrier on Grand LLC, d/b/a Perrier Wines & Liquors, 666 Grand Avenue. Sponsors:Dave Thune Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Waiving the 45 day notice requirement for issuance of an Off Sale license for Perrier on Grand LLC, d/b/a Perrier Wines & Liquors, 666 Grand Avenue. Body WHEREAS, Perrier on Grand LLC d/b/a Perrier Wines & Liquors located at 666 Grand Avenue in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of an Off Sale license; and WHEREAS, the Summit Hill Association, District 16, has agreed to the waiver of the notice requirements; and WHEREAS, the Council finds that the application is in order and there are no grounds for denial of the license and that the failure to grant the waiver and the consequent delay in approving the license would cause exceptional and unusual hardship to the license applicant; and WHEREAS, the licensee agrees that in the event a complaint is received prior to the expiration of the 45-day period and the complaint provides a basis for adverse action against the license, that the Department of Safety and Inspections may direct the licensee to immediately discontinue all operations until a public hearing is scheduled, and that the licensee shall comply with said directive; now, therefore, be it, RESOLVED, that the 45 day notice requirements of § 409.06 of the Saint Paul Legislative Code are hereby waived and an Off Sale license is issued to Perrier on Grand LLC d/b/a Perrier Wines & Liquors located at 666 Grand Avenue in Saint Paul, subject to the agreement stated above. City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:2RES 12-456 Name:Revising 2011 Right-of-Way for 91 Ridder Circle Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Revising the 2011 Right-of-Way Maintenance Assessment for 91 Ridder Circle in settlement of an appeal by Semple Enterprises, Inc. Sponsors:Dave Thune Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Revising the 2011 Right-of-Way Maintenance Assessment for 91 Ridder Circle in settlement of an appeal by Semple Enterprises, Inc. Body WHEREAS on October 5, 2011, the City Council of the City of Saint Paul adopted Council File RES PH 11- 1057, said resolution being the ratification the 2011 Right-of-Way Maintenance Assessment Program (Asmt No. 110032); and WHEREAS, the property located at 91 Ridder Circle (Property ID No. 05-28-22-12-0014) and owned by Semple Enterprises, Inc. ("Semple"), was assessed $1,439.94 for said assessment; and WHEREAS, Semple filed an appeal of said assessment with the District Court; and WHEREAS, the City and Semple have reached a settlement of the appeal, with a revised assessment amount of $715.31; now, therefore be it RESOLVED, that Council File RES PH 11-1057 is hereby amended to reflect said revised assessment amount for 91 Ridder Circle; and be it further RESOLVED, that all other terms, conditions and assessment amounts previously adopted in RES PH 11-1057 shall remain in full force and effect. City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RLH AR 12-48 Name:Amending assessment at 1339 Payne ave Status:Type:Resolution LH Assessment Roll Agenda Ready In control:City Council Final action: Title:Amending Council Files RLH AR 12-2 and RLH TA 12-22 to delete the assessment for Excessive Inspection Services during August 2011 at 1339 PAYNE AVENUE . (File No. J1202E, Assessment No. 128301) Sponsors:Kathy Lantry Indexes:Assessments, Nuisance Abatement, Special Tax Assessments Code sections: Attachments: Action ByDate Action ResultVer. Title Amending Council Files RLH AR 12-2 and RLH TA 12-22 to delete the assessment for Excessive Inspection Services during August 2011 at 1339 PAYNE AVENUE . (File No. J1202E, Assessment No. 128301) Body WHEREAS on February 15, 2012, the City Council of the City of Saint Paul adopted Council File Nos. RLH AR 12-2 and RLH TA 12-22, said Resolutions being the Ratification of Assessment for Excessive Inspection Services during August 2011. (File No. J1202E, Assessment No. 128301); and WHEREAS, the property at 1339 Payne Avenue, being described as: Denny Hill Addition Lots 2 And Lot 3 Blk 4, with the property identifification number 20-29-22-42-0126 was assessed an amount of $85.00; and WHEREAS, the Legislative Hearing Officer recommends deleting the assessment as it was made in error; Now, Therefore, Be It RESOLVED, that Council File Nos. RLH AR 12-2 and RLH TA 12-22 are hereby amended to reflect this change. City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RLH TA 12-174 Name:Amending 1795 Selby Ave Status:Type:Resolution LH Tax Assessment Appeal Agenda Ready In control:City Council Final action: Title:Amending Council File RLH AR 11-74 to delete the assessment for Vacant Building Fees from June 2011 at 785-787 FOURTH STREET EAST. (File No. VB1112, Assessment No. 118097) Sponsors:Kathy Lantry Indexes:Assessments, Nuisance Abatement, Special Tax Assessments, Ward - 7 Code sections: Attachments: Action ByDate Action ResultVer. Title Amending Council File RLH AR 11-74 to delete the assessment for Vacant Building Fees from June 2011 at 785-787 FOURTH STREET EAST. (File No. VB1112, Assessment No. 118097) Body WHEREAS on September 21, 2011, the City Council of the City of Saint Paul adopted Council File No. RLH AR 11-74, said Resolution being the Ratification of Assessment for Vacant Building Fees from June 2011 at 785-787 Fourth Street East. (File No. VB1112, Assessment No. 118097); and WHEREAS, the property at 785-787 Fourth Street East, being described as: HIGHLAND ADDITION TO ST. PAUL LOT 12 BLK 1, with the property identifification number 32-29-22-14-0143 was assessed an amount of $1,235.00; and WHEREAS, the Department of Safety and Inspections recommends deleting the assessment as it is a HUD property; WHEREAS, the Legislative Hearing Officer concurs with the recommendation; Now, Therefore, Be It RESOLVED, that the reduction of $1,235.00, plus any accrued interests, be deleted. Council File No. RLH AR 11-74 is hereby amended to reflect this change. City of Saint Paul Printed on 3/27/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-9 Name:Charter Amendment regarding Ward terminology Status:Type:Ordinance Final Adoption In control:City Council Final action: Title:Amending sections 1.02, 2.01, 2.04, 4.01.1, 4.01.2, 4.01.3, 7.04, 8.02, 8.02.2, 8.02.4, 17.07.1, and 17.07.2 of the City Charter, pursuant to Minnesota Statutes § 410.12, subd. 7 (2010), standardizing the use of the term "ward." Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Charter Commission Letter and Ordinance to City Clerk Ord 12-9.pdf Public Hearing Notice Action ByDate Action ResultVer. City Council3/21/2012 1 Laid Over to Third Reading/Public Hearing City Council3/14/2012 1 Laid Over to Second ReadingCity Council3/7/2012 1 Title Amending sections 1.02, 2.01, 2.04, 4.01.1, 4.01.2, 4.01.3, 7.04, 8.02, 8.02.2, 8.02.4, 17.07.1, and 17.07.2 of the City Charter, pursuant to Minnesota Statutes § 410.12, subd. 7 (2010), standardizing the use of the term "ward." Body The Council of the City of Saint Paul does Ordain: Section 1. Pursuant to Minnesota Statutes § 410.12 subd. 7 (2010), on January 23, 2012, the Saint Paul Charter Commission recommended to the City of Saint Paul that certain charter amendments, as more fully stated below, be made by ordinance. Public notice has been given and a public hearing has been held according to law. The Council of the City of Saint Paul, by unanimous vote, hereby amends Charter Sections 1.02, 2.01, 2.04, 4.01.1, 4.01.2, 4.01.3, 7.04, 8.02, 8.02.2, 8.02.4, 17.07.1and 17.07.2 as follows: Section 2. Sec. 1.02. - Wards. The council may, by ordinance, provide for the establishment of wards, define or change their boundaries, and increase or eliminate the number of wards in the city; but no change, increase or elimination shall be made within three (3) months prior to any election held in the city. Sec. 2.01. - Elective officials. There shall be a mayor elected by the voters of the city at large, and seven (7) councilmembers, each elected from a council district wardas provided herein, and such judges and other officials as are provided by statute and elected as provided therein. City of Saint Paul Printed on 3/27/2012Page 1 of 4 powered by Legistar™ File #: Ord 12-9, Version: 1 Sec. 2.04. - Vacancy. An elective office becomes vacant when the incumbent dies, resigns by a writing filed with the city clerk, is convicted of a felony, ceases to reside in the city, or is adjudged incompetent by a court of competent jurisdiction, or when a councilmember ceases to reside within the council districtwardfrom which elected. Sec. 4.01.1 - Council districts wards. Each member of the council shall be elected from a separate district which ward which is substantially equal in population to all other districts wards. Each councilmember shall be a resident of the district wardfrom which elected. Voters may only vote for a candidate for the council district seat ward seat within which the voters reside. Sec. 4.01.2. - Initial districts The division of the city into seven (7) contiguous districts of substantially equal population, and the serial numbering of same will be effected by a resolution of Charter Commission after public hearings on said districting. The public hearing shall be held after published notice of said hearings, and opportunity to speak shall be allowed members of the public upon such reasonable terms as the commission shall adopt. The commission shall adopt its districting resolution by a majority vote of its entire membership, and file it in the office of the city clerk at least sixty (60) days prior to the day on which filings open for the first city primary election occurring after the 1980 city election. The council shall provide for a sum of money, adequate for this purpose, to be used by the commission to hire staff to aid it in preparing its districting plan. Sec. 4.01.3. - Mandatory redistricting After every federal decennial census the Charter Commission shall redistrict in the manner described above. The commission shall redefine the council districts so as to make them substantially equal. . The commission shall file its redistricting resolution in the office of the city clerk no later than the first Tuesday in June prior to the first city election after the federal decennial census. For the purposes of electing city councilmembers, the city shall be divided into seven (7) contiguous wards of substantially equal population, and serially numbered. After every federal decennial census the Charter Commission, after public hearings, shall redistrict in the manner described herein. The commission shall redefine the council wards so as to make them substantially equal. The public hearings shall be held after published notice of said hearings, and opportunity to speak shall be allowed members of the public upon such reasonable terms as the commission shall adopt. The commission shall adopt its districting resolution by a majority vote of its entire membership, and file it in the office of the city clerk no later than the first Tuesday in June prior to the first city election after the federal decennial census. The council shall provide for a sum of money, adequate for this purpose, to be used by the commission to hire staff to aid it in preparing its districting plan. Sec. 7.04. - Name on ballot. In years when wards are redistricted, candidates for mayor and council member may file affidavits of candidacy no more than 91 days and no less than 77 days before the city general election. In all other years, candidates for mayor and council member may file affidavits of candidacy at the same time provided for candidates for the Saint Paul school board. The filing fee for the office of mayor is $500. The filing fee for the office of council member is $250. Candidates for city offices may file a petition in place of the filing fee containing the signatures of registered voters in the district wardfrom which the candidate seeks election. The number of signatures required is either 500 or 5% of the number of votes cast for the office at the previous general election, whichever is less. Sec. 8.02. - Petition. Initiative, referendum or recall shall be initiated by a petition (1) signed by registered voters of the city equal in number to eight (8) percent of those who voted for the office of mayor in the last preceding city election in the case of initiative or referendum, or (2) signed by registered voters of the city equal in number to twenty (20) percent of those who voted for the City of Saint Paul Printed on 3/27/2012Page 2 of 4 powered by Legistar™ File #: Ord 12-9, Version: 1 office of mayor in the last preceding city election in the case of recall of the office of mayor, or (3) signed by registered voters of the relevant council district wardequal in number to twenty (20) percent of those who voted for the relevant office of councilmember in the last preceding city election or fifteen (15) percent of the registered voters in the relevant council district ward, whichever number is greater. Sec. 8.02.2. Each signer of the petition shall write thereon the petitioner's name and the street number and election council ward or legislative district and precinct designation of the petitioner's residence. Sec. 8.02.4. Any person whose name appears on a petition may withdraw his or her name by a statement in writing filed with the city clerk before the clerk advises the council as to the sufficiency of the petition. Any name appearing on any petition which does not comply with the foregoing requirements, except as to councilward or legislative district and precinct designation, shall be stricken, and no names shall be counted which have not been verified. Sec. 17.07.1. - Commercial development districts; patrol limits (1) A commercial development district in an area within the city as designated herein, or created by the council hereafter in accordance with this section. Six (6) commercial development districts are hereby created, whose names and defined boundaries are indicated on maps attached hereto as Exhibits 1 through 6, which are incorporated and adopted herein by reference. The council may by ordinance create new or additional commercial development districts, or amend the boundaries of those already created, only in accordance with the following procedures: (a) The proposed commercial development district shall be submitted in writing, accompanied by a map setting forth its boundaries; and (b) Reasonable public notice of the proposed commercial development district shall be given by the license inspector to residents and organizations in the ward or wards in which said district is to be located; and (c) The council or a committee thereof shall hold a public hearing in the ward or wards in which said district is to be located; and (d) After the foregoing steps, an ordinance designating the new commercial development district and defining its boundaries is adopted upon the affirmative vote of at least five (5) members of the council. (2) The council may by ordinance adopt additional procedural and substantive requirements for the creation or amendment of commercial development districts. (3) The entire land area in each council district ward,which has not been made part of a d commercial development district, is a separate liquor patrol limit. Sec. 17.07.2. - Restrictions. (1) No on-sale intoxicating liquor license shall be issued for any location in a liquor patrol limit, nor transferred from a place outside the liquor patrol limit to any location within the liquor patrol limit, unless: (a) The number of such on-sale licenses in the liquor patrol limit into which a license is proposed to be issued or transferred has, prior to said issuance or transfer, decreased by one or more from the number which existed in such liquor patrol limit on the effective date of this Charter amendment; and (b) In the case of a transfer from place to place, the building or structure in which the licensed business operated has been substantially damaged or destroyed by fire, natural disaster or act of God, or the lease for the building or structure in which the licensed business operated has expired and has not been renewed. (2) Upon the filing of an application for issuance or transfer, the councilmember representing the council district wardcongruent with the affected liquor patrol limit shall immediately receive a copy of the application; said application shall be set aside without further action for a period of forty-five (45) days upon a request by said councilmember, during which period residents, community organizations and other organizations within said council district wardshall be notified by the license inspector (if the councilmember does not elect to do so within ten (10) days after receipt of the application) of the content, stated purpose and nature of said application. (3) After such forty-five (45) day period has expired, or immediately if no such forty-five-day period was City of Saint Paul Printed on 3/27/2012Page 3 of 4 powered by Legistar™ File #: Ord 12-9, Version: 1 requested, the council may proceed to consider an application for issuance or transfer under paragraph (1) herein only if: (a) A petition supporting the application is signed by at least ten (10) percent of the registered voters in the ward congruent with the affected liquor patrol limit, and filed with the city clerk (who shall examine its sufficiency and report to the council within twenty (20) days; or (b) The council determines by an affirmative vote of at least five (5) members that approval of the issuance or transfer of an on-sale intoxicating liquor license within or into the affected liquor patrol limit would not result in a concentration of businesses having such licenses nor that such issuance or transfer would have an adverse impact on existing community institutions and values or tend to cause neighborhood blight or deterioration. The foregoing determination, if made, shall not preclude the council from denying an application for issuance or transfer to a particular location within said liquor patrol limit. Final approval of the issuance or transfer to a particular location shall also require an affirmative vote of at least five (5) members of the council. (4) Nothing in this section shall apply to or affect the renewal of any on-sale intoxicating liquor license, or its transfer from place to place, within the liquor patrol limit in which such license is located, or to the issuance of a license to an applicant who purchases an existing business having an "on-sale" license with the intent of operating said business at the same location for at least one year thereafter. (5) There shall be no limitation on the number of on-sale intoxicating liquor licenses which may be issued or renewed within, or transferred into, a commercial development district, except as set forth in paragraph (6) below. No restriction applicable to such licenses in liquor patrol limits in this section shall apply to such licenses in commercial development districts. (6) Notwithstanding the provisions of any law or this Charter allowing the issuance of on-sale intoxicating liquor license, not more than two hundred fifteen (215) such licenses shall be issued by the city. Priority shall be given, by ordinance, in the issuance of all such licenses first to applicants who purchase an existing business having an "on sale" license with the intent of operating said business at the same location for at least one year thereafter, and then to restaurants capable of seating and servicing meals to not less than one hundred (100) guests at one time and then to hotels having dining rooms capable of seating and serving meals to not less than fifty (50) guests at one time, and thereafter as the council may determine. (7) Private clubs; exemption. The restriction in subsection (1)(a) above shall not apply to licenses issued to or applied for by a club which at the time of application for such on-sale license held a private club license under Chapter 404 of the Saint Paul Legislative Code for the same premises for which a license hereunder is sought or will be issued for so long as the on-sale license remains at that location and the licensed premises is neither enlarged nor transferred and the club operates in conformity with law. This exemption applies only to the requirements of subsection (1)(a) above and not to any other provision or requirement hereof. Section 3. This ordinance shall take effect ninety (90) days after passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 4 of 4 powered by Legistar™ NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, March 21, 2012 at 5:30 p.m. in Council Chambers, 3rd floor City Hall - Court House regarding the Saint Paul Charter Commission recommendation to the City of Saint Paul that the following charter amendment be made by ordinance: An ordinance pursuant to Minnesota Statutes § 410.12, subd. 7 (2010) amending Charter Sections 1.02, 2.01. 2.04, 4.01.1, 401.2, 401.3, 7.04, 8.02, 8.02.2, 8.02.4, 17.07.1and 17.07.2 standardizing the use of the term “ward”. The Council of the City of Saint Paul does Ordain: Section 1. Pursuant to Minnesota Statutes § 410.12 subd. 7 (2010), on January 23, 2012, the Saint Paul Charter Commission recommended to the City of Saint Paul that certain charter amendments, as more fully stated below, be made by ordinance. Public notice has been given and a public hearing has been held according to law. The Council of the City of Saint Paul, by unanimous vote, hereby amends Charter Sections 1.02, 2.01. 2.04, 4.01.1, 401.2, 401.3, 7.04, 8.02, 8.02.2, 8.02.4, 17.07.1and 17.07.2 as follows: Section 2. Sec. 2.01. - Elective officials. There shall be a mayor elected by the voters of the city at large, and seven (7) councilmembers, each elected from a council ward as provided herein, and such judges and other officials as are provided by statute and elected as provided therein. Sec. 2.04. - Vacancy. An elective office becomes vacant when the incumbent dies, resigns by a writing filed with the city clerk, is convicted of a felony, ceases to reside in the city, or is adjudged incompetent by a court of competent jurisdiction, or when a councilmember ceases to reside within the council ward from which elected. Sec. 4.01.1. - Council wards. Each member of the council shall be elected from a separate ward which is substantially equal in population to all other wards. Each councilmember shall be a resident of the ward from which elected. Voters may only vote for a candidate for the council ward seat within which the voters reside. Sec. 4.01.2. For the purposes of electing city councilmembers, the city shall be divided into seven (7) contiguous wards of substantially equal population, and serially numbered. After every federal decennial census the Charter Commission, after public hearings, shall redistrict in the manner described herein. The commission shall redefine the council wards so as to make them substantially equal. The public hearings shall be held after published notice of said hearings, and opportunity to speak shall be allowed members of the public upon such reasonable terms as the commission shall adopt. The commission shall adopt its districting resolution by a majority vote of its entire membership, and file it in the office of the city clerk no later than the first Tuesday in June prior to the first city election after the federal decennial census. The council shall provide for a sum of money, adequate for this purpose, to be used by the commission to hire staff to aid it in preparing its districting plan. Sec. 7.04. - Name on ballot. In years when wards are redistricted, candidates for mayor and council member may file affidavits of candidacy no more than 91 days and no less than 77 days before the city general election. In all other years, candidates for mayor and council member may file affidavits of candidacy at the same time provided for candidates for the Saint Paul school board. The filing fee for the office of mayor is $500. The filing fee for the office of council member is $250. Candidates for city offices may file a petition in place of the filing fee containing the signatures of registered voters in the ward from which the candidate seeks election. The number of signatures required is either 500 or 5% of the number of votes cast for the office at the previous general election, whichever is less. Sec. 8.02. - Petition. Initiative, referendum or recall shall be initiated by a petition (1) signed by registered voters of the city equal in number to eight (8) percent of those who voted for the office of mayor in the last preceding city election in the case of initiative or referendum, or (2) signed by registered voters of the city equal in number to twenty (20) percent of those who voted for the office of mayor in the last preceding city election in the case of recall of the office of mayor, or (3) signed by registered voters of the relevant council ward equal in number to twenty (20) percent of those who voted for the relevant office of councilmember in the last preceding city election or fifteen (15) percent of the registered vote rs in the relevant council ward, whichever number is greater. Sec. 8.02.2. Each signer of the petition shall write thereon the petitioner's name and the street number and council ward or legislative district and precinct designation of the petitioner's residence. Sec. 8.02.4. Any person whose name appears on a petition may withdraw his or her name by a statement in writing filed with the city clerk before the clerk advises the council as to the sufficiency of the petition. Any name appearing on any petition which does not comply with the foregoing requirements, except as to council ward or legislative district and precinct designation, shall be stricken, and no names shall be counted which have not been verified. Sec. 17.07.1. - Commercial development districts; patrol limits. (1) A commercial development district in an area within the city as designated herein, or created by the council hereafter in accordance with this section. Six (6) commercial development districts are hereby created, whose names and defined boundaries are indicated on maps attached hereto as Exhibits 1 through 6, which are incorporated and adopted herein by reference. The council may by ordinance create new or additional commercial development districts, or amend the boundaries of those already created, only in accordance with the following procedures: (a) The proposed commercial development district shall be submitted in writing, accompanied by a map setting forth its boundaries; and (b) Reasonable public notice of the proposed commercial development district shall be given by the license inspector to residents and organizations in the ward or wards in which said district is to be located; and (c) The council or a committee thereof shall hold a public hearing in the ward or wards in which said district is to be located; and (d) After the foregoing steps, an ordinance designating the new commercial development district and defining its boundaries is adopted upon the affirmative vote of at least five (5) members of the council. (2) The council may by ordinance adopt additional procedural and substantive requirements for the creation or amendment of commercial development districts. (3) The entire land area in each council ward, which has not been made part of a commercial development district, is a separate liquor patrol limit. Sec. 17.07.2. - Restrictions. (1) No on-sale intoxicating liquor license shall be issued for any location in a liquor patrol limit, nor transferred from a place outside the liquor patrol limit to any location within the liquor patrol limit, unless: (a) The number of such on-sale licenses in the liquor patrol limit into which a license is proposed to be issued or transferred has, prior to said issuance or transfer, decreased by one or more from the number which existed in such liquor patrol limit on the effective date of this Charter amendment; and (b) In the case of a transfer from place to place, the building or structure in which the licensed business operated has been substantially damaged or destroyed by fire, natural disaster or act of God, or the lease for the building or structure in which the licensed business operated has expired and has not been renewed. (2) Upon the filing of an application for issuance or transfer, the councilmember representing the council ward congruent with the affected liquor patrol limit shall immediately receive a copy of the application; said application shall be set aside without further action for a period of forty-five (45) days upon a request by said councilmember, during which period residents, community organizations and other organizations within said council ward shall be notified by the license inspector (if the councilmember does not elect to do so within ten (10) days after receipt of the application) of the content, stated purpose and nature of said application. (3) After such forty-five (45) day period has expired, or immediately if no such forty- five-day period was requested, the council may proceed to consider an application for issuance or transfer under paragraph (1) herein only if: (a) A petition supporting the application is signed by at least ten (10) percent of the registered voters in the ward congruent with the affected liquor patrol limit, and filed with the city clerk (who shall examine its sufficiency and report to the council within twenty (20) days; or (b) The council determines by an affirmative vote of at least five (5) members that approval of the issuance or transfer of an on-sale intoxicating liquor license within or into the affected liquor patrol limit would not result in a concentration of businesses having such licenses nor that such issuance or transfer would have an adverse impact on existing community institutions and values or tend to cause neighborhood blight or deterioration. The foregoing determination, if made, shall not preclude the council from denying an application for issuance or transfer to a particular location within said liquor patrol limit. Final approval of the issuance or transfer to a particular location shall also require an affirmative vote of at least five (5) members of the council. (4) Nothing in this section shall apply to or affect the renewal of any on-sale intoxicating liquor license, or its transfer from place to place, within the liquor patrol limit in which such license is located, or to the issuance of a license to an applicant who purchases an existing business having an "on-sale" license with the intent of operating said business at the same location for at least one year thereafter. (5) There shall be no limitation on the number of on-sale intoxicating liquor licenses which may be issued or renewed within, or transferred into, a commercial development district, except as set forth in paragraph (6) below. No restriction applicable to such licenses in liquor patrol limits in this section shall apply to such licenses in commercial development districts. (6) Notwithstanding the provisions of any law or this Charter allowing the issuance of on-sale intoxicating liquor license, not more than two hundred fifteen (215) such licenses shall be issued by the city. Priority shall be given, by ordinance, in the issuance of all such licenses first to applicants who purchase an existing business having an "on sale" license with the intent of operating said business at the same location for at least one year thereafter, and then to restaurants capable of seating and servicing meals to not less than one hundred (100) guests at one time and then to hotels having dining rooms capable of seating and serving meals to not less than fifty (50) guests at one time, and thereafter as the council may determine. (7) Private clubs; exemption. The restriction in subsection (1)(a) above shall not apply to licenses issued to or applied for by a club which at the time of application for such on-sale license held a private club license under Chapter 404 of the Saint Paul Legislative Code for the same premises for which a license hereunder is sought or will be issued for so long as the on-sale license remains at that location and the licensed premises is neither enlarged nor transferred and the club operates in conformity with law. This exemption applies only to the requirements of subsection (1)(a) above and not to any other provision or requirement hereof. Dated February 13, 2012 Shari Moore City Clerk (February 23, 2012 ) City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:4Ord 12-11 Name:Amending Section 409.02 and 409.06 of the Saint Paul Legislative Code and creating Section 409.29 pertaining to an Off-Sale Wine Only License Status:Type:Ordinance Final Adoption In control:City Council Final action: Title:Amending Section 409.02 and 409.06 of the Saint Paul Legislative Code and creating Section 409.29 pertaining to an Off-Sale Wine Only license. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/21/2012 4 Laid Over to Third Reading/Public Hearing City Council3/14/2012 4 Laid Over to Second ReadingCity Council3/7/2012 4 Title Amending Section 409.02 and 409.06 of the Saint Paul Legislative Code and creating Section 409.29 pertaining to an Off-Sale Wine Only license. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 409.02 of the Saint Paul Legislative Code is hereby amended to include the following definition: Off-sale Wine Only: Off-Sale Wine Only shall mean an off-sale license issued under section 409.29 of this code. SECTION 2 Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as follows: 409.06 Licensing Requirements (i) License location restrictions. These restrictions shall not apply to off-sale/brew pub license or off-sale brewery licenses. (1) No off-sale license shall be issued for any place where non-intoxicating malt beverages shall be sold for consumption on the premises. (2) No off-sale license shall be issued to any location within a half-mile radius of any existing off-sale City of Saint Paul Printed on 3/27/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-11, Version: 4 establishment, except in the downtown business district, where the distance requirement shall be a radius of three hundred (300) feet. a. Notwithstanding the foregoing, no off-sale liquor establishment, except for off-sale wine only, shall be located within a half-mile radius of the Xcel Energy Center. (3) No license shall be issued for an off-sale location which is within three hundred (300) feet of residentially zoned property, a park or a licensed child-care center, said three hundred (300) feet being calculated and computed as the distance measured from the property line of the premises or building proposed as the location of the off-sale liquor license to the property line of any residentially zoned property, park or child care center in the area for which the license is sought. a. The council may waive the restrictions set forth in paragraph (3) above relating to the distance if it makes findings that such license is not inconsistent with the health, safety, morals or general welfare of the adjoining neighbors or community. Factors which may be considered include, but are not limited to the following: the likelihood of increased noise, traffic, litter, loitering or unlawful behavior by patrons of the establishment, excessive artificial lighting, substantial decrease in adjoining property values, and the extent to which any of the potential problems can be addressed by conditions on the license. b. In order to waive the restrictions relating to distance the council must first receive a petition from seventy- five (75) percent of the owners and tenants of all private residences, dwellings and apartment houses located within three-hundred (300) feet of the proposed off-sale location stating that they have no objection if the waiver relates to residentially zoned property or a written statement consenting to the waiver by the director and/or owner of the child care center if the waiver relates to a licensed child care center. c. An establishment holding a valid license on the effective date of this amendment shall not be affected by this limitation, but shall be entitled to have such license renewed so long as they are in compliance with all other requirement of law and there exists no ground for adverse action against such license. Section 409.29 of the Saint Paul Legislative Code is hereby created to read as follows: 409.29 Off-Sale Wine Only licenses (a) Definition. Off-sale Wine Only shall mean an off-sale license that includes a license condition limiting the type of liquor sold to wine, as defined in Minn. Stat. 297G.01, Subd. 20. (b) Issuance of license; fee; conditons of license. A holder of an off-sale wine only license is subject to the same terms as a holder of an off-sale license under Minn. Stat. 340A.405 and Chapter 409 of this code. In addition, an off-sale wine only license is subject to the following conditions: (1) The license fee shall be paid in the amount listed for an off-sale license in section 310.18 of this code. (2) The license shall be valid on all days of the week consistent with the hours of sale provided by section 409.07 (b). (3) A licensee may not hold both an off-sale license and an off-sale wine only license. A licensee may hold only one (1) off-sale wine only license under this section. (4) The only alcoholic beverages sold may be wine as defined in Minn Stat. 297G.01, Subd. 20, in original packages in retail stores for consumption off or away from the premises where sold. (5) All other provisions of this chapter shall be applicable to such licenses and licensees unless inconsistent with the provisions of this section. SECTION 3 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 2 of 2 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-13 Name:Amendments to Chapter 348 regarding licensing requirement for animal daycare & boarding Status:Type:Ordinance Final Adoption In control:City Council Final action: Title:Amending Chapter 348 of the Saint Paul Legislative Code pertaining to license requirements for animal daycare and/or animal boarding. Sponsors:Dave Thune Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/21/2012 1 Laid Over to Third Reading/Public Hearing City Council3/7/2012 1 Laid Over to Second ReadingCity Council2/22/2012 1 Title Amending Chapter 348 of the Saint Paul Legislative Code pertaining to license requirements for animal daycare and/or animal boarding. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 348.04 of the Saint Paul Legislative Code is hereby amended to read as follows: (a) Application. Every applicant for an animal day care license or animal boarding license shall file an application with the department of safety and inspections. The application shall be on a form prescribed by the department of safety and inspections. The following information shall be set forth in the application: (1) The name, place of residence, and telephone number of the applicant. (2) The exact location of the premises upon which the applicant proposes to provide animal services and the telephone number. (3) Whether the applicant has ever engaged in a similar business and, if so, the location thereof and the date when so engaged. (4) A description of the type of services offered including but not limited to animal day care, animal boarding, pet grooming, and obedience training. (5) The maximum intended number of animals to be housed at the facility at any one time. City of Saint Paul Printed on 3/27/2012Page 1 of 3 powered by Legistar™ File #: Ord 12-13, Version: 1 (6) The maximum and minimum length of stay for individual animals. (b)Consent of neighboring property: A animal day care or animal boarding license applicant shall present with his or her application a statement in writing with the signatures of as many of the owners of private residences, dwellings and apartment houses located within one hundred fifty (150) feet of such premises as he or she can obtain to the effect that they have no objection to the granting of the animal day care or animal boarding license sought or the operation of the business at the proposed location. The one hundred fifty (150) feet shall be calculated as the distance measured in a straight line from the nearest point of the property line of the building where the license is sought, to the nearest point of the residentially occupied property line. If the applicant fails to obtain the signatures of seventy-five (75) percent of such persons, the license shall not in any case be granted. (b) Consent of neighboring property: A animal day care or animal boarding license applicant shall present with his or her application a statement in writing with the signatures of as many of the owners of private residences, dwellings and apartment houses located within one hundred fifty (150) feet of such premises as he or she can obtain to the effect that they have no objection to the granting of the animal day care or animal boarding license sought or the operation of the business at the proposed location. The one hundred fifty (150) feet shall be calculated as the distance measured in a straight line from the nearest point of the property line of the building where the license is sought, to the nearest point of the residentially occupied property line. 1. Consent of sixty (60) to eighty-nine (89) percent of owners within one hundred fifty (150) feet: If the applicant obtains the signatures of ninety (90) percent or more of such persons, the council may grant the license. If the applicant obtains the signatures of sixty (60) percent to eighty-nine (89) percent of such persons, the council may grant the license if the licensee demonstrates to the council in writing with respect to specific properties that a good faith effort was made to fulfill all petition requirements, and upon finding that issuance of the license would not interfere with the reasonable use and enjoyment of neighboring property and residences and would not bear adversely on the health, safety, morals and general welfare of the community. Such findings shall be based on the following considerations if the license were to be granted: a. The effect on the surrounding community and institutions; b. Noise and likelihood of adverse effect on residential occupants; c. The possibility of increased traffic; d. The character of the neighborhood; e. Other like uses in the neighborhood. 2. Consent of less than sixty (60) percent of owners within one hundred fifty (150) feet. If the applicant fails to obtain the signatures of sixty (60) percent of such persons, the license shall not in any case be granted, unless the license applicant can illustrate to the city council, in writing with respect to specific properties, that a good faith effort was made to fulfill all petition requirements, and that the results of such attempts showed a generally favorable disposition from the surrounding community toward the proposed licensed activity, and that the district council representing the area supports the request for the license by the applicant. The council may grant the license upon finding that issuance of the license would not interfere with the reasonable use and enjoyment of neighboring property and residences and would not bear adversely on the health, safety, morals and general welfare of the community. Such findings shall be based on the following considerations if the license were to be granted: a. The effect on the surrounding community and institutions; b. Noise and likelihood of adverse effect on residential occupants; c. The possibility of increased traffic; d. The character of the neighborhood; e. Other like uses in the neighborhood. City of Saint Paul Printed on 3/27/2012Page 2 of 3 powered by Legistar™ File #: Ord 12-13, Version: 1 SECTION 2 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 3 of 3 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-14 Name:Amending Section 33.04(9) to create plan review fees governing fire alarm systems Status:Type:Ordinance Final Adoption In control:City Council Final action: Title:Amending Chapter 33.04 of the Legislative Code to create plan review fees governing fire alarm systems. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/21/2012 1 Laid Over to Third Reading/Public Hearing City Council3/14/2012 1 Laid Over to Second ReadingCity Council3/7/2012 1 Title Amending Chapter 33.04 of the Legislative Code to create plan review fees governing fire alarm systems. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 33.04 (9) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 33.04 - Establishment of permit fees. * * * (9) Fire alarm systems: a. The minimum fee shall be $65.00, in addition to which the following fees shall be paid: 1. Fire Alarm Control Unit: $20.00 per unit 2. Fire Alarm Opening: $2.00 per device b. A plan review shall be required for all new systems and permits having over one-hundred (100) fire alarm openings. The plan review fee shall be sixty-five percent (65%) of the fee set forth in item a. * * * City of Saint Paul Printed on 3/27/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-14, Version: 1 Section 2 This ordinance shall take effect and be in force on thirty (30) days following it's passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 2 of 2 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-16 Name:Beacon Bluff North rezoning Status:Type:Ordinance Third Reading - No Public Hearing In control:City Council Final action: Title:Memorializing City Council action granting the application of the Saint Paul Port Authority for the rezoning of properties in the area east of Forest Street and north of Phalen Boulevard from VP Vehicular Parking to I1 Industrial, from RM2 Medium Density Multiple-Family Residential to R4 One- Family Residential, and from I1 Industrial to R4 One-Family Residential, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held February 15, 2012) Sponsors:Dan Bostrom Indexes:Rezoning, Ward - 6, Zoning Code sections:Sec. 61.801. - Changes and amendments., Sec. 69.508. - Lots. Attachments:BBnorth rezoning map.pdf Action ByDate Action ResultVer. City Council3/21/2012 1 Laid Over to Second ReadingCity Council3/14/2012 1 Title Memorializing City Council action granting the application of the Saint Paul Port Authority for the rezoning of properties in the area east of Forest Street and north of Phalen Boulevard from VP Vehicular Parking to I1 Industrial, from RM2 Medium Density Multiple-Family Residential to R4 One-Family Residential, and from I1 Industrial to R4 One-Family Residential, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held February 15, 2012) Body WHEREAS, Pursuant to Minnesota Statutes § 462.357 and § 61.800 of the Legislative Code, the Saint Paul Port Authority, in Zoning File 11-297-833, duly petitioned to rezone from VP Vehicular Parking to I1 Industrial; from RM2 Medium Density Multiple-Family Residential to R4 One-Family Residential; and from I1 Industrial to R4 One-Family Residential, areas north of Wells St. between Forest and Russell, all or portions of existing PINs 282922310116, 282922310134, 282922310135, 282922310128, 282922310085, 282922310084, legally described as noted below; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on November 22, 2011, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Planning Commission for approval; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on December 2, 2011, and recommended approval to the City Council; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on February 2, 2012, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on February 15, 2012, at which City of Saint Paul Printed on 3/27/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-16, Version: 1 all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul as incorporated by reference in §60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property described as: Lots 19, 20, 39 and 40, Block 2 and Lots 18, 19 and 20, Block 3, all in Auditor's Subdivision Number 7, St. Paul Minn, Ramsey County, Minnesota, together with adjoining streets that would accrue thereto by virtue of the vacation thereof be and is hereby rezoned from VP to I1; and That the property described as: Those parts of Lots 17 and 18, Block 2, Auditor's Subdivision Number 7, St. Paul Minn, Ramsey County, Minnesota, lying northerly of the following described line: Commencing at the southwest corner of said Lot 18; Block 2; thence northerly, along the west line of said Lot 18, Block 2, a distance of 39.03 feet, to the point of beginning of the line to be described; thence deflecting to the right 88 degrees 08 minutes 19 seconds a distance of 160.0 feet and there terminating, together with adjoining streets that would accrue thereto by virtue of the vacation thereof, be and is hereby rezoned from RM2 Medium Density Multiple-Family Residential to R4 One-Family Residential; and That the property described as: That part of Lot 17, Block 1, Auditor's Subdivision Number 7, St. Paul Minn., Ramsey County, Minnesota, lying northerly of the following described line: Beginning at the northwest corner of said Lot 17; thence southerly, along the west line of said Lot 17, on an assumed bearing of South 0 degrees 03 minutes, 25 seconds West, a distance of 19.50 feet, to the point of beginning of the line to be descibed; thence North 89 degrees 01 minutes 33 seconds East 104.01 feet, more or less, to the east line of said Lot 17 and there terminating, together with adjoining streets that would accrue thereto by virtue of the vacation thereof, be and is hereby rezoned from I1 Light Industrial to R4 One-Family Residential. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 2 of 2 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-17 Name:City View Apartments Inc Status:Type:Ordinance Third Reading - No Public Hearing In control:City Council Final action: Title:Memorializing City Council action taken on February 15, 2012, granting the application of City View Apartments Inc. to rezone property at 743 3rd Street E. from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Zoning File #11-299-652) (Public hearing held on February 15, 2012) Sponsors:Kathy Lantry Indexes:Ward - 7, Zoning Code sections:Sec. 61.801. - Changes and amendments. Attachments: Action ByDate Action ResultVer. City Council3/21/2012 1 Laid Over to Second ReadingCity Council3/14/2012 1 Title Memorializing City Council action taken on February 15, 2012, granting the application of City View Apartments Inc. to rezone property at 743 3rd Street E. from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Zoning File #11-299-652) (Public hearing held on February 15, 2012) Body WHEREAS, Pursuant to Minnesota Statutes § 462.357 and § 61.800 of the Legislative Code, City View Apartments Inc, in Zoning File 11-299-652, duly petitioned to rezone 743 3rd St E, being legally described as Lyman Dayton Addition Ex Alley Nely 3 50/100 Ft Of Lot 2 And All Of Lot 1 Blk 34, PIN 322922140187, Rezoning from B2 Community Business to T2 Traditional Neighborhood; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 5, 2012, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Planning Commission for approval; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on December 16, 2011, and recommended approval recommended to the City Council; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on November 28, 2011, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on February 15, 2012, at which all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore City of Saint Paul Printed on 3/27/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-17, Version: 1 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul as incorporated by reference in §60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property at 743 3rd St E, being more particularly described as: Lyman Dayton Addition Ex Alley Nely 3 50/100 Ft Of Lot 2 And All Of Lot 1 Blk 34 be and is hereby rezoned from B2 to T2. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 2 of 2 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-18 Name:Ordinance Amending Chapter 344 of the Saint Paul Legislative Code to Update and Clarify the Pawn Shop Ordinance Status:Type:Ordinance Second Reading In control:City Council Final action: Title:Amending Chapter 344 of the Legislative Code to update and clarify the Pawn Shop Ordinance. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/21/2012 1 Title Amending Chapter 344 of the Legislative Code to update and clarify the Pawn Shop Ordinance. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 344.02 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 344.02. - Fees. (a) The fee required for a license defined under this chapter shall be established by ordinance as provided in section 310.09(b) of the Legislative Code. (b) The billable transaction fee shall reflect the cost of processing transactions as determined by the director of the department of safety and inspections (hereafter, in this chapter, "director") and the chief of police (hereafter, in this chapter, "chief") or their designees. These fees shall be established by ordinance as provided in section 310.09(b) of the Legislative Code. The billable transaction fee shall be required of all licensees as defined under this chapter except: (1) If a licensee is unable to successfully transfer the required reports via modem, the licensee must provide the police department printed copies of all reportable transactions along with the videotape(s) for that date, by twelve o'clock noon (12:00) the next business day, and must be charged for billable transactions at a rate to be determined by the automated pawn system (hereafter, in this chapter, "APS") for manual processing. (2) If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in section 344.04 (a), and may do so for up to ten (10) consecutive days without penalty. However, after the tenth day, if the licensee still cannot report via modem, the licensee may, at the discretion of the director and the chief, be City of Saint Paul Printed on 3/27/2012Page 1 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 fined one hundred dollars ($100.00) per day not to exceed twenty (20) days. If the licensee cannot report via modem after thirty (30) days from the first date of failure, the license may be revoked. (3) If the problem is determined to be outside the licensee's system, the licensee must provide the required reports as detailed in section 344.04(a), and will be charged for billable transactions until the error is corrected. If the regulatory agency is unable to collect the required data via modem, no additional charges will be assessed against the pawnbroker. (4) The licensee who has consistently reported via modem, and is unable to capture, digitize, or transmit the photographs as required under section 344.04(a)344.04(c), must immediately take all required photographs with a still camera, immediately develop the pictures, cross reference the photographs to the correct transaction, and deliver them to the police department by twelve o'clock noon (12:00) on the next business day. Such failures shall follow the same time lines and presume the same penalties as identified in section 344.02(b)(2). (5) The director, in conjunction with the chief, upon presentation of extenuating circumstances, may extend the grace period for a qualifying licensee beyond ten (10) days or may extend the penalty beyond twenty (20) days, notwithstanding other provisions as outlined in section 344.02. (c) Licensees shall be notified in writing at least thirty (30) days before any fee adjustment is implemented. Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation of this chapter and may result in the following actions: (1) Fees due past thirty (30) days may result in up to a two-hundred-fifty-dollar fine. (2) Fees due past sixty (60) days may result in up to a five-hundred-dollar fine. (3) Fees due past ninety (90) days may result in a license suspension. (4) Fees due past one hundred twenty (120) days may result in a license revocation. (5) Any and all adverse actions taken against licensees and their licenses as defined in this chapter shall be ordered by the city council and implemented by the department of safety and inspections. All judgments made by the city council shall be final. (d) Any applicant for a new license under this chapter shall be required to deposit a fee established by ordinance as specified in section 310.09(b) of the Legislative Code to the department of safety and inspections at the time of original application. Such deposit shall be used to cover the cost of application verification and any additional expense associated with investigations performed to assure compliance with this chapter. If, however, the costs of investigations exceed the original deposit, the department of safety and inspections may recover the actual investigation costs not to exceed ten thousand dollars ($10,000.00). SECTION 2 Section 344.04 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 344.04. - Regulations. (a) Records. Every person engaged and licensed in the business of pawnbroker shall record all purchases or pawn transactions on a standard three-part form furnished by the Saint Paul Police Department, hereafter referred to as a pawn or buy form. One (1) copy shall be maintained at the place of business. The other two (2) shall be delivered to the Saint Paul Police Department according to section 344.04(b) of the Legislative City of Saint Paul Printed on 3/27/2012Page 2 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 Code. All pawn tickets shall be completed, legibly written in ink in the English language, at the time any loan or purchase is made, and will include the following information: (1) The date and time that all such loans and/or purchases are made. (2) An accurate description of any person pawning, selling or leaving any type of property on deposit as a collateral security. Such description shall include, but not be limited to, the person's full name; date of birth; residence; physical description, including, but not limited to, sex, height, weight, color of eyes and color of hair; and the identification number from any of the following forms of identification of the persons pawning or selling the property: valid driver's license containing a picture or Minnesota identification card. (3) The full description of all such property purchased by the licensee or property received on deposit as collateral security, including the manufacturer's serial number or identifying insignia, if applicable, and the amount of purchase money or the amount loaned. (4) All forms shall be signed by such person and initialed by the clerk or agent for the business. (5) Entries on such forms shall not be erased, obliterated or defaced in any manner and shall be, at all reasonable times, open to inspection by the chief of police or any member of the police department or the department of safety and inspections. (6) Effective April 1, 1996, the licensee must also take a color photograph or color video recording of: a. Each customer involved in a billable transaction; and b. Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be immediately developed and be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs and/or video photographs must be available to the chief or the chief's designee upon request. The major portion of the photograph must include a front facial pose of the person who pawned or sold an item. Items photographed must be accurately depicted. The licensee must inform persons that they are being photographed and/or videotaped orally and by displaying a sign of sufficient size in a conspicuous place. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable closeup of that person's face. Video photographs must be electronically referenced by time and date so that they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must keep the exposed photograph and/or videotape for at least four (4) months. (7) Effective sixty (60) days after the date of notification by the chief or the chief's designee, but no sooner than July 1, 1996, licensees must fulfill the forementioned color photograph requirements by submitting them as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with. (8) The records must, at all times, be open to inspection by the department of safety and inspections or the police department. Entries must be retained for at least three (3) years from the date of transaction. Digitized images must be filed and kept electronically for a minimum of thirty (30) days. At all times during the terms of the license, the licensee must allow any representative of the department of safety and inspections and/or the police department to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in section 344.04(m), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, wares, merchandise, and records therein to City of Saint Paul Printed on 3/27/2012Page 3 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 verify compliance with this chapter and other applicable laws. (b) Daily reports to police. The licensee or employee of the licensee shall complete a pawn or buy form, as required and furnished by the police department, for each transaction. Two (2) copies of such pawn or buy form shall be delivered to the chief or duly detailed officer by twelve o'clock noon (12:00) the first business day following the day of the transactions. The licensee must inform all patrons that all transactions are reported to the police department daily orally and by displaying a sign of sufficient size in a conspicuous place on the premises. Effective sixty (60) days from notification by the chief or the chief's designee, but no sooner than ninety (90) days after the license inspector provides licensees with computerized record standards, licensees must submit every reportable transaction to the police department daily in the following manner: (1) Licensees must provide to the police department the information required in section 344.04(a) by transferring it from their computer through APS to the police department via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority. (c) Receipts required. The licensee or agent of the licensee shall give to the person negotiating a loan or selling property a numbered, written or printed receipt for the property received for the loan or purchase. Such receipt shall correspond with the information on the pawn or buy forms. (d) Retention. The police department shall maintain the records turned over to them by the pawnshops for no less than six (6) months. Photographs must be retained for a minimum of thirty (30) days. (e) Ninety-day redemption period. Any person pledging, pawning or depositing an article for security shall have a minimum of ninety (90) days from the date when the loan or pledge was originated or renewed to redeem the same before the same becomes forfeitable. No personal property pawned or left on deposit with any person licensed under the terms hereof shall be permitted to be redeemed from the place of business for a period of seventy-two (72) hours, excluding Sundays and holidays. Licensees are prohibited from redeeming any item to anyone other than the person to whom a receipt was issued unless: (1) Such person has written approval of the chief or the chief's designee; or (2) Such person is identified in a written and notarized designation of that person's interest in the property identified in the receipt; or (3) In the event of the death of the person to whom the receipt was issued, by a person presenting a receipt, proper identification as required under section 344.04(a), and a certified copy of such a person's death certificate. (f) Property purchased. Property purchased by the licensee shall be recorded in the same manner as items pawned or left on deposit and such property shall not be sold within thirty (30) days following the date of transaction. Motor vehicles shall be exempt from this requirement. (g) Report of stolen or lost goods. If any goods, articles or things shall be advertised in any public newspaper of the City of Saint Paul as having been lost or stolen, and such goods, articles or things shall then be or shall thereafter come into the possession of any licensee under the terms hereof, such licensee shall, upon actual notice thereof, immediately thereafter notify the chief or duly detailed officer that certain goods, articles or things advertised are in the licensee's possession and shall not thereafter dispose of the same except upon written authority so to do from the chief or duly detailed officer. If probable cause exists that specific goods or materials are stolen contraband or have been used in the commission of a crime and a representative of the police department notifies the licensee of such fact, the licensee shall not sell or permit to be sold, remove or permit to be removed, such goods and materials until such time as the licensee is notified by the chief or his or City of Saint Paul Printed on 3/27/2012Page 4 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 her representative. (h) Labels. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the pawnshop's records, the transaction date, the name of the item, the model and serial number as they were reported to the police department, if applicable, and the date the item is out of pawn or can be sold, if applicable. The label must be of a type that can be attached to a variety of surfaces and remains easily removable, but of such construction that it may not be easily removed in one (1) piece. Labels shall not be reused. (i) Camera surveillance. Licensees shall be required to video tape all transactions and maintain a dated copy of the recording for thirty (30) days. The video recording shall include a clear view of the customer and shall display the date and time of the transaction. The video tape recordings shall be provided to the police or license inspector upon request. The foregoing requirements shall become effective as to each licensee, and remain in full force and effect thereafter as to each such licensee, when during any sixty-day period more than one (1) percent of all transactions shall involve stolen property. The term "transaction," for the purposes of this section shall mean the purchase or redemption of property, issuance of pawn tickets or other similar receipts, and all other pawn transactions between the licensee and any other person. Multiple transactions by one (1) member of the public, or transaction involving more than one (1) item of property by one (1) member of the public occurring on the same or successive days, shall be deemed to be one (1) transaction. The term "stolen property," for the purposes of this section shall mean and include any form of tangible property, as to which the owner or possessor of such property has made oral or written complaint to a law enforcement authority that such property has been stolen; provided, however, that there need not be proof of the crime of theft or other criminal offense nor the conviction of any person for theft or other criminal offense in order to establish that the property is stolen. The license inspector, or his or her successor, shall give notice to a licensee that the foregoing requirement for camera surveillance has become effective, and such licensee shall within thirty (30) days after the receipt of such notice begin to comply. Failure to comply after receipt of such notice shall be grounds for adverse action against such licensee. The licensee may dispute in any contested case hearing before an independent hearing examiner, on his or her failure to comply, the factual basis for the imposition of the foregoing camera surveillance requirement. This section shall be repealed effective sixty (60) days from the date of notification by the chief, but no sooner than April 1, 1996. (j) Burglar alarm. Licensees shall maintain an electronic burglar alarm system for the licensed premises. Such system must be duly licensed by the city and maintained in working order. Such system must also be centrally monitored and must be backed by a battery power source. (k) Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item via the APS, the item must not be sold or removed from the premises. The investigative hold shall remain in effect for fifteen (15) days from the date of initial notification, or until the investigative hold is canceled, or until an order to hold/confiscate is issued, whichever occurs first. (l) Order to hold/confiscate. Whenever the chief, or the chief's designee, or a licensed law enforcement official from another jurisdiction notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief, the chief's designee, or the licensed law enforcement official instituting the hold. The order to hold shall expire ninety (90) days from the date it is placed unless the chief or the chief's designee determines that the hold is still necessary and notifies the licensee in writing. If an item is identified as stolen or as evidence in a criminal case, the chief, the chief's designee, or a licensed law enforcement official from another jurisdiction may: (1) Physically confiscate it and remove it from the shop; (2) Place the item on permanent hold and leave it in the shop; City of Saint Paul Printed on 3/27/2012Page 5 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 (3) Leave the item in the shop and authorize its release to the owner or an authorized person pursuant to the requirements of MN Stat. 609.523. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and the phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the chief, the chief's designee, or the licensed officer initiating the hold shall so notify the licensee. (m) Business at only one place. A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated on the license. However, upon written request, the license inspector may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with section 344.04(a)(8). All provisions of this chapter regarding recordkeeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the City Legislative Code. The licensee must either own the building in which the business is conducted and any approved off-site storage facility, or have a lease on the business premises which extends for more than six (6) months. (a) Records Required. At the time of any reportable transaction other than renewals, extensions, or redemptions, every licensee must immediately record the following in a computerized record approved by the Police Department or the licensing inspector, or if the computer is temporarily unavailable in a book or journal which has page numbers that are preprinted and in an indelible ink, record the following information: (1) A complete and accurate description of each item as well as all of the following, if applicable: any trademark, identification number, serial number, model number, brand name, or any other unique identifying mark; (2) The date, time, and place the item of property was received by the licensee, and the unique transaction number that distinguishes it from all other transactions; (3) The full name, date of birth, residence address, and phone number of the person from whom the item was received; (4) An accurate physical description of the person from whom the item was received, including: sex, height, weight, race, color of eyes, and color of hair. If this information is transcribed from a photo ID there must be a notation that the information recorded actually matched the person from whom the item was received; (5) The identification number and state or country of issuance, as well as a legible photocopy of one of the following forms of identification of the seller: (i) current valid photo driver's license issued within the United States, (ii) current valid photo state identification card issued within the United States, (iii) current valid United States military photo identification card, or (iv) current valid passport. (6) The amount of money paid, loaned, or pledged therefore; (7) A list of all fees and charges which the transaction may be subject to; (8) The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date; City of Saint Paul Printed on 3/27/2012Page 6 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 (9) The unique identifier of the licensee or employee that conducted the transaction. (b) Daily Reports to Police. At the close of each business day, the licensee must provide the above records to the police department by transferring it from their computer to the automated pawn system (APS) via modem using the current version of the APS interchange file specification. All required records must be transmitted completely and accurately. Any transaction that does not meet the APS interchange file specification must be corrected and resubmitted the next business day. The licensee must inform all patrons, both orally and by displaying a sign of sufficient size in a conspicuous place on the premises, that all transactions are reported to the police department daily. (c) Photographic Records. The licensee must also take a color video recording or digitally-captured photo image of the following: (1) Each customer involved in a reportable transaction; and, (2) Every item received that does not have a unique serial or identification number permanently engraved or affixed. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. If a digital color photograph is taken it must be of sufficient quality resolution so that persons and items photographed are clearly identifiable. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. Further, the photographs must be maintained in such a manner as to be readily matched and correlated with all of the records of the transaction to which it relates. The licensee must inform the person that they are being photographed and/or videotaped by displaying a sign of sufficient size in a conspicuous place on the premises. (d) Retention of Records. Data entries must be retained for at least three (3) years from the date of transaction. Photographs, videos, and digitized images must be retained for a minimum of ninety (90) days from the date of transaction. (e) Renewals, Extensions, and Redemptions. For renewals, extensions, and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction. (f) Inspection of Records and Premises. At all times during the terms of the license, the licensee must allow any representative of the department of safety and inspections and/or the police department to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in section 344.04 (p), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting all items and records therein to verify compliance with this chapter and other applicable laws. (g) Labeling Required. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or the name that identifies the transaction in the pawnshop's records, the transaction date, the name of the item, the model and serial number as they were reported to the police department, if applicable, and the date the item is out of pawn or can be sold, if applicable. The label must be of a type that can be attached to a City of Saint Paul Printed on 3/27/2012Page 7 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 variety of surfaces and remains easily removable, but of such construction that it may not be easily removed in one piece. Labels shall not be reused. (h) Receipts Required. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: (1) The name, address, and telephone number of the licensed business. (2) The date and time the item was received by the licensee. (3) Whether the item was pawned or sold, or the nature of the transaction. (4) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on each item. (5) The signature or unique identifier of the licensee or employee who conducted the transaction. (6) The amount advanced or paid. (7) The monthly and annual interest rates, including all pawn fees and charges. (8) If the item was pawned, the last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the full amount necessary to redeem the item on that date. (9) The full name, current residence address, current telephone number, and date of birth of the pledger or seller. (10) The identification number and state or country of issuance from any of the following forms of identification of the pledger or seller: (i) current valid photo driver's license issued within the United States, (ii) current valid photo state identification card issued within the United States, (iii) current valid United States photo military identification card, or (iv) current valid passport. (11) Description of the pledger or seller including sex, race, color of eyes and hair, and approximate weight and height. (12) The statement "The pledger of this item attests that it is not stolen, it has no liens of encumbrances against it, and the pledger has the right to sell or pawn the item." (13) Signature and thumbprint of pledger or seller. (i) Report of Suspicious Items. No licensee shall receive or accept any item of property that contains an altered, obliterated, or obviously removed serial number or unique identifier, or any item that the licensee has reason to believe has been lost or stolen. Further, the licensee shall immediately report to the police department any attempt to sell, trade, or barter such items. If probable cause exists that specific items are stolen or have been used in the commission of a crime and a representative of the police department notifies the licensee of such fact, the licensee shall not sell or permit to be sold, remove or permit to be removed, such items until such time as the licensee is notified by the chief or his or her representative. City of Saint Paul Printed on 3/27/2012Page 8 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 (j) Redemption Period. A person pledging, pawning, or depositing an item for security shall have a minimum of ninety (90) days from the date of that transaction or any renewal or extension, to redeem the item before it may be forfeited and sold. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued unless: (1) Such person has written approval of the chief of police or the chief's designee; or (2) Such person is identified in a written and notarized designation of that person's interest in the property identified in the receipt; or (3) In the event of the death of the person to whom the receipt was issued, by a person presenting a receipt with proper identification as required under section 344.04(a), and a certified copy of such person's death certificate. (k) Nonredemption. A pledger shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within ninety (90) days of the date of the pawn transaction, renewal, or extension will automatically be forfeited to the pawnbroker, and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker. (l) Risk of Loss. In the event pledged good are lost or damaged while in possession of the pawnbroker, the pawnbroker shall compensate the pledger, in cash or replacement of goods acceptable to the pledger, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action. (m) Holding Periods. Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. Motor vehicles shall be exempt from this requirement. (n) Police Order to Hold/Confiscate. Whenever the chief of police, the chief's designee, or a licensed law enforcement official from another jurisdiction notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief, the chief's designee, or the licensed law enforcement official instituting the hold. The order to hold shall expire ninety (90) days from the date it is placed unless the chief, the chief's designee, or a licensed law enforcement official determines that the hold is still necessary and notifies the licensee in writing. If an item is identified as stolen or as evidence in a criminal case, the chief, the chief's designee, or a licensed law enforcement official from another jurisdiction may: (1) Physically confiscate and remove the item from the shop; (2) Place the item on permanent hold and leave it in the shop; (3) Leave the item in the shop and authorize its release to the owner or an authorized person pursuant to the requirements of MN Statute 609.523. When an item is confiscated, the person doing so shall provide identification to the licensee along with the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the chief, the chief's designee, or the licensed law enforcement official initiating the hold shall so notify the licensee. (o) Burglar Alarm. Licensees shall maintain an electronic burglar alarm system for the licensed premises. Such system must be duly licensed by the city and maintained in working order. Such system must also be centrally monitored and must be backed by a battery power source. City of Saint Paul Printed on 3/27/2012Page 9 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 (p) Business at Only One Place. A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated on the license. However, upon written request, the license inspector may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with section 344.04(f). All provisions of this chapter regarding recordkeeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the City Legislative Code. The licensee must either own the building in which the business is conducted and any approved off-site storage facility, or have a lease on the business premises which extends for more than six (6) months. (q) Required Signage. A licensee must post adequate signage and separate written notice informing persons seeking to pawn, pledge, sell, consign, leave, or deposit goods with the licensee of the requirements of this Chapter. For the purpose of this subsection, "adequate signage" shall, at a minimum, mean at least one sign of not less than four (4) feet square in surface area, comprised of lettering not less than three-quarters (3/4) of an inch in height, posted in a conspicuous place on the licensed premises and stating the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE YOU MUST BE THE TRUE OWNER OF THE PROPERTY THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS YOU MUST PRESENT VALID PHOTO IDENTIFICATION VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME ALL TRANSACTIONS ARE RECORDED BY VIDEO ALL TRANSACTIONS ARE REPORTED TO POLICE DAILY For the purpose of this subsection, "separate written notice" shall be deemed to mean either the receipt, as required in section 344.04(h), or a printed form, incorporating a statement to the effect that the person pawning, pledging, selling, consigning, leaving, or depositing the article is at least 18 years of age; is the true owner of the article; and that the article is free of all claims and liens. The separate written notice must be signed by the person seeking to pawn, pledge, sell, consign, leave, or deposit the article with the licensee and the notice must be kept in the files of the licensee along with the other records of the transaction. SECTION 3 Section 344.05 of the Saint Paul Legislative Coee is hereby amended to read as follows: Sec. 344.05. - Hours; minors. No person licensed under the terms of this chapter shall keep his office or store open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m., nor shall any person licensed under the terms hereof purchase or receive personal property of any nature on deposit or pledge from any person under the age of eighteen (18), any person who appears under the influence of alcohol or controlled substance, or mentally incompetent, or property which has the serial numbers or other identifying insignia which have been destroyed, altered, covered or defaced. Sec. 344.05 - Prohibited Acts (a) Licensees. No licensee shall: (1) Receive any goods from a person under the age of eighteen (18) years. City of Saint Paul Printed on 3/27/2012Page 10 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 (2) Receive any goods from an intoxicated person or a person of unsound mind. (3) Receive any goods from a person unless the person presents valid identification as required by section 344.04(a)(5). (4) Receive any item of property that possesses an altered, obliterated, or removed serial number. (5) Knowingly possess stolen goods without contacting and reporting such to the police. (6) Purchase, accept, or receive an article of property from a person knowing, or having reason to know, that the person is not the true owner of the property; nor shall the licensee purchase, accept, or receive an article of property knowing, or having reason to know, that the article is encumbered by a security interest. (7) Sell pledged goods before the time to redeem has expired. (8) Keep the business open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. (9) Lend money on a pledge at a rate of interest above that allowed by law. (10) Make any false entry in the records of pawn transactions or use any pawn ticket not meeting the requirements of this chapter. (11) Falsify, obliterate, destroy, or remove from the place of business, the records, books, or accounts relating to the licensee's pawn transactions. (12) Refuse to allow a law enforcement agency or a prosecutor to inspect the pawn records or any pawn goods in the licensee's possession during the ordinary hours of business or at other times acceptable to both parties. (13) Fail to maintain a record of each pawn transaction for three (3) years. (14) Make any agreement requiring the personal liability of a pledger or seller, or waiving any provisions of this chapter, or providing for a maturity date less than ninety (90) days after the date of pawn. (15) Fail to return pledged goods to a pledger or seller, or provide compensation as provided in Minn. Stat. 325J.09, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than sixty (60) days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency. (16) Sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledger or seller in the same, or a related, transaction. (17) Sell or otherwise charge for insurance in connection with a pawn transaction. (18) Remove pledged goods from the pawnshop premises or other storage place approved by a municipality at any time before the expiration of the redemption period. However, a pawnbroker is permitted to: (i) return pledged goods to the borrower at any time during the redemption period, City of Saint Paul Printed on 3/27/2012Page 11 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 (ii) sell the pledged goods or remove the pledged goods from the pawnshop premises or other storage at any time after the expiration of the redemption period, and (iii) sell or remove purchased goods not involving a pawn transaction from the pawnshop premises or other storage facility thirty-one (31) days or later from the purchase transaction date. (19) Fail to maintain order in the business. (b) Patrons. No person shall: (1) Pawn or sell or attempt to pawn or sell goods with any licensee if the person is under the age of eighteen (18) years of age. (2) Give a false or fictitious name; nor give a false date of birth; nor give a false or out-of-date address of residence or telephone number; nor present a false or altered identification, or the identification of another; to any licensee when seeking to pawn, pledge, sell, consign, leave, or deposit any article of property. (3) Pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another has a security interest; with any licensee. (4) Make false statements or representations regarding the ownership of items to be sold or pawned. SECTION 4 Section 344.06 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 344.06. - Inspection. (a) Stolen goods, etc. Any person licensed under the provisions of this chapter shall, at all times during the term of said license, allow the inspector or officers of the police force of the City of Saint Paul to enter the premises where said licensee is carrying on such business for the purpose of inspecting such premises and inspecting the goods, wares and merchandise therein for the purpose of locating goods suspected or alleged to have been stolen or otherwise improperly disposed of. (b) Inspection by claimed owner etc. All goods, wares or merchandise, or records of same, coming into the possession of any licensee under the terms hereof shall at all times be open to the inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein, when such person is accompanied by a police officer of the City of Saint Paul; nor shall any licensee under the terms hereof hide, conceal or stow away any article in his possession from any member of the police department of the City of Saint Paul. Sec. 344.06 - Penalty Violation of any provision of this chapter shall be a misdemeanor. SECTION 5 City of Saint Paul Printed on 3/27/2012Page 12 of 13 powered by Legistar™ File #: Ord 12-18, Version: 1 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 13 of 13 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-21 Name:ordinance memorializing rezoning of 900 Bush Ave, 881 Bush, 847 Bush, 860 Bush, and 840 Reaney Ave to I1 Light Industrial. Status:Type:Ordinance Agenda Ready In control:City Council Final action: Title:Memorializing City Council action taken on March 7, 2012 granting the application of the Port Authority for the rezoning of 900 Bush Avenue, 881 Bush Avenue, 847 Bush Avenue, 860 Bush Avenue, and 840 Reaney Avenue from I2 General Industrial to I1 Light Industrial, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map (ZF #12-004- 413). (Public hearing held March 7, 2012) Sponsors:Dan Bostrom Indexes:Industrial Code sections:Sec. 61.301. - Application., Sec. 61.801. - Changes and amendments. Attachments: Action ByDate Action ResultVer. Title Memorializing City Council action taken on March 7, 2012 granting the application of the Port Authority for the rezoning of 900 Bush Avenue, 881 Bush Avenue, 847 Bush Avenue, 860 Bush Avenue, and 840 Reaney Avenue from I2 General Industrial to I1 Light Industrial, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map (ZF #12-004-413). (Public hearing held March 7, 2012) Body An ordinance memorializing City Council action granting the application of the Port Authority for the Rezoning from I2 General Industrial to I1 Light Industrial of 900 Bush Ave,881 Bush,847 Bush,860 Bush,and 840 Reaney Ave and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held March 7, 2012) WHEREAS, Pursuant to Minnesota Statutes §462.357 and § 61.800 of the Legislative Code, the Port Authority, in Zoning File # 12-004-413 <tel:12-004-413>, duly petitioned to rezone 900 Bush Ave, being legally described as Parcel Identification Number (PIN) 282922330053 <tel:282922330053>, legally described as E M Mackubins Addition Vac Streets & Alley Accruing And Fol, lots 1 Thru Lot 29 Blk 2; 881 Bush, PIN 282922330037 <tel:282922330037>, legally described as E M Mackubins Addition Vac Alley & Sts Accruing & Chic Nw Ry Deed No.83419 & In Sd E.M. Mackubins Add All Of Blk 1; 847 Bush, PIN 282922330035 <tel:282922330035>, legally described as Hills Addition Vac Alley & Sts Accruing & Lots 1 Thru Lot 15 Blk 1; 860 Bush, PIN 282922330052 <tel:282922330052>, legally described as Hills Addition Vac Streets & Alley Accruing And Fol, all Of Blk 2; and 840 Reaney Ave, PIN 282922330047 <tel:282922330047>, legally described as Hills Addition Subj To St, Vac Alley And St Accruing And Fol, lots 1 Thru Lot 15 Blk 3; Rezoning from I2 General Industrial to I1 Light Industrial; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on February 2, 2012, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Planning Commission for approval; and City of Saint Paul Printed on 3/27/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-21, Version: 1 WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on February 10, 2012, and recommended approval to the City Council; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on February 23, 2012, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on March 7, 2012, at which all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul as incorporated by reference in § 60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property at 900 Bush Ave, 881 Bush, 847 Bush, 860 Bush, and 840 Reaney Ave being more particularly described as: E M Mackubins Addition Vac Streets & Alley Accruing And Fol, lots 1 Thru Lot 29 Blk 2; E M Mackubins Addition Vac Alley & Sts Accruing & Chic Nw Ry Deed No.83419 & In Sd E.M. Mackubins Add All Of Blk 1; Hills Addition Vac Alley & Sts Accruing & Lots 1 Thru Lot 15 Blk 1; Hills Addition Vac Streets & Alley Accruing And Fol, all Of Blk 2; and Hills Addition Subj To St, Vac Alley And St Accruing And Fol, lots 1 Thru Lot 15 Blk 3 be and is hereby rezoned from I2 General Industrial to I1 Light Industrial. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. City of Saint Paul Printed on 3/27/2012Page 2 of 2 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-594 Name:Earth Hour Observance Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Declaring Saturday March 31, 2012 at 8:30 to 9:30 p.m. to be "Earth Hour" in the City of Saint Paul. Sponsors:Dave Thune Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Declaring Saturday March 31, 2012 at 8:30 to 9:30 p.m. to be "Earth Hour" in the City of Saint Paul. Body WHEREAS, March 31, 2012, 8:30 to 9:30 p.m. has been designated as "Earth Hour" by the World Wildlife Fund as a reminder that, by working together, people can make a positive impact in the fight against climate change; and WHEREAS, in this, the 5th annual Earth Hour, 135 countries, over 5,000 towns and cities, representing hundreds of millions of people world-wide, will turn off their lights for 60 minutes to raise awareness and demonstrate commitment to addressing climate change, making Earth Hour the largest voluntary action for the environment; and WHEREAS, more than one-third of Greenhouse Gas emissions comes from electricity - making it vitally important to decrease our reliance on electricity and non-essential lighting; and WHEREAS, throughout the world Earth Hour celebrations can be observed by dimmed lights at the Sydney Opera House, Beijing's Forbidden City, the world's tallest building in Tapei, Taiwan, the Kremlin, the Pyramids in Egypt, Capetown's Table Mountain, the Coliseum, the Eiffel Tower, Big Ben, Christ the Redeemer Statue in Brazil, the Statue of Liberty, the Empire State Building and the Golden Gate Bridge; and WHEREAS, Saint Paul businesses, organizations and individuals throughout the City will be participating in this year's Earth Hour with dimmed lights in the following prominent buildings and locations evidencing the City's support: Minnesota State Capitol Saint Paul City Hall/Ramsey County Courthouse Xcel Energy Center Wells Fargo Place Landmark Center RiverCentre Saint Paul Central Library City of Saint Paul Printed on 3/27/2012Page 1 of 2 powered by Legistar™ File #: RES 12-594, Version: 1 Rice Park NOW, THEREFORE, BE IT RESOLVED, the Saint Paul City Council, hereby proclaims, March 31, 2012 from 8:30 to 9:30 p.m. as Earth Hour in the City of Saint Paul and calls upon all Saint Paul residents and businesses to turn off nonessential lights for Earth Hour and join in supporting the aims and goals of this local and international effort; and RESOLVED, that the Saint Paul City Council and Mayor strongly encourages all of its units of government, residents, businesses, non-profit organizations, and houses of worship to turn off all non-essential lights March 31, 2012 from 8:30 to 9:30 p.m.; and RESOLVED, that the Saint Paul City Council and Mayor are committed to moving Beyond the Hour by making permanent, long-term improvements in our day-to-day lives and encourageall of its units of government, residents, businesses, non-profit organizations, and houses of worship to make similar commitments. 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