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5-09-2012 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 Council Chambers - 3rd Floor3:30 PMWednesday, May 9, 2012 ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 CO 12-12 Letters from the Department of Safety and Inspections declaring 1132 Central Avenue West, 1175 Earl Street, 924 Eleanor Avenue, 595 Mackubin Street, 763 Lawson Avenue East, 461 Sherburne Avenue, and 435 Thomas Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Sponsors:Bostrom, Carter III and Thune 1132 Central Ave W.OTA.pdf 1175 Earl St.OTA.pdf 924 Eleanor Ave.OTA.pdf 763 Lawson Ave.OTA.pdf 595 Mackubin St.OTA.pdf 461 Sherburne Ave.OTA.pdf 435 Thomas Ave.OTA.pdf Attachments: Page 1 City of Saint Paul Printed on 5/8/2012 May 9, 2012City Council Meeting Agenda 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 12-727 Approving the City’s cost of providing Collection of Certificate of Occupancy fees from March 2012 and setting date of Legislative Hearing for June 5, 2012 and City Council Public Hearing for July 18, 2012 to consider and levy the assessments against individual properties. (File No. CRT1208, Asmt No. 128210) Sponsors:Lantry Report of Completion Assessment Roll Attachments: 3 RES 12-728 Approving the City’s cost of providing Property Clean Up services during March 2012 and setting date of Legislative Hearing for June 5, 2012 and City Council Public Hearing for July 18, 2012 to consider and levy the assessments against individual properties. (File No. J1210A, Asmt No. 128517) Sponsors:Lantry Report of Completion Assessment Roll Attachments: 4 RES 12-729 Approving the City’s cost of providing Trash Hauling services during March 2012 and setting date of Legislative Hearing for June 5, 2012 and City Council Public Hearing for July 18, 2012 to consider and levy the assessments against individual properties. (File No. J1208G, Asmt No. 128708) Sponsors:Lantry Report of Completion Assessment Roll Attachments: 5 RES 12-738 Preliminary Order setting date of public hearing for June 6, 2012 to acquire property rights and to reconstruct the Wheelock Parkway Bridge over CPRR Tracks. Sponsors:Brendmoen Exhibit A - Map wheelock RR easement Exhibit B - Sumary of Recommendations Attachments: Page 2 City of Saint Paul Printed on 5/8/2012 May 9, 2012City Council Meeting Agenda 6 RES 12-807 Approving the settlement agreement and release between the City of Saint Paul and Deshun Michael Carter. Sponsors:Lantry Deshun Carter Settlement Agreement.pdf Judge's Approval.pdf Financial Analysis - Deshun Carter_1.xls Administrative Code 3.02.pdf Attachments: 7 RES 12-809 Approving a $8,500,000 conduit revenue bond to be issued by the Port Authority to finance the conversion of the Energy Park Utility Company to a 4 pipe system. Sponsors:Stark Financial Analysis for Energy Park Utility Company bonds Port Authority Board Memo.pdf Port Authority Board Resolution.pdf Exhibit A to Port Authority Board Resolution.pdf Attachments: 8 RES 12-818 Accepting the donation of air fare expenses from Delta Airlines and conference registration expenses from the City of New Orleans and the US Conference of Mayors for Mayor Chris Coleman and Joe Spencer to attend the "World Culture Economic Forum" conference in New Orleans May 2 - 6, 2012. Sponsors:Lantry RES 12-818 Mayor and Joe Spencer to New Orleans May 2012.pdfAttachments: 9 RES 12-819 Accepting the gift from the National League of Cities, of travel, food expenses, air fare, ground transportation and lodging for Mayor staff Education Policy Director Jane Eastwood to attend an education conference in Memphis, Tennessee from May 14 through May 17, 2012. Sponsors:Lantry RES 12-819 - Financial Analysis - Jane Eastwood Memphis Trip May 2012 Gift Acceptance.pdfAttachments: 10 RES 12-821 Approving food expenses for Public Works Department Training Day. Sponsors:Lantry 11 RES 12-824 Acknowledging a public purpose for the Annual City Employee Cookout and granting permission to the City Employee Cookout Committee to spend city funds and solicit for and accept donations on behalf of the City for the cookout to be held on August 16, 2012. Sponsors:Lantry 2012 Employe Cookout Financial Analysis.xlsAttachments: Page 3 City of Saint Paul Printed on 5/8/2012 May 9, 2012City Council Meeting Agenda 12 RES 12-833 Amending the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization. Sponsors:Lantry MWMO Joint_&_Cooperative_Agt.pdfAttachments: 13 RES 12-851 Approving adverse action against all licenses held by Coale, Inc. d/b/a Coale's Bar & Grill located at 719 Dale Street North in Saint Paul. Sponsors:Carter III March 5th 2012 letter and renewal invoice.pdf Notice of Intent to Suspend Licenses.pdf SPLC Section 310.06.pdf Attachments: 14 RES 12-852 Approving adverse action against all licenses held by Davis Enterprises, Inc. MN d/b/a Davis Enterprises, Inc. MN located at 817 Vandalia Street in Saint Paul. Sponsors:Stark Signed license condition affidavit.pdf Notice of Violation.pdf SPLC Section 310.05 (m).pdf Attachments: 15 RES 12-854 Approving adverse action against all licenses held by Taste of Thailand III, Inc. d/b/a Taste of Thailand located at 1753 Old Hudson Road in Saint Paul. Sponsors:Lantry Third Request dated March 2nd 2012.pdf Notice of Intent to Suspend Licenses.pdf SPLC Section 310.05 (m).pdf Attachments: 16 RES 12-855 Memorializing City Council action taken on April 4, 2012 granting the appeal of Rene & Rachel K. Lerma regarding the contruction of a freestanding pole with a wind turbine on the Metropolitan State University property located at 645 - 7th Street East in Saint Paul. Sponsors:Lantry 17 RES 12-856 Changing the rate of pay for the classification of Procedures Coordinator, occ code 401B, from Grade 033 to Grade 036, of Employee Group 01, AFSCME Clerical. Sponsors:Lantry Procedures Coordinator Financial Analysis Worksheet.pdfAttachments: Page 4 City of Saint Paul Printed on 5/8/2012 May 9, 2012City Council Meeting Agenda 18 RES 12-857 Authorizing the City to enter into an agreement with the Minnesota Department of Transportation for construction of the Saint Paul Arterial Roadway Traffic Flow Improvement Traffic Signal Interconnect Project. Sponsors:Lantry Agreement00764-SPART-043012.pdfAttachments: 19 Min 12-16 Approving the minutes of the January 4, 11, 18 and 25, 2012 City Council meetings. Sponsors:Lantry Minutes 01-04-12.pdf Minutes 01-11-12.pdf Minutes 01-18-12.pdf Minutes 01-25-12.pdf Attachments: FOR DISCUSSION 20 RES PH 12-123 Approving adverse action against the Taxicab Vehicle license application for Cab #1531 submitted by Said Abdi Ali d/b/a Midwest Star Taxi for the City of Saint Paul. Sponsors:Lantry Notice of Council Hearing.pdf Uncontested License Matter Form.pdf License Group Comments Text.pdf State of MN Certificate of Title .pdf Taxicab Inspection Form.pdf Certificate of Liability Insurance.pdf Taxicab Vehicle License application.pdf Inspection and Repair Report.pdf Receipt for License Application.pdf Notice of Intent to Deny License.pdf Request for public hearing.pdf SPLC 376.10.pdf Vehicle Age Requirement Policy.pdf SPPD CN #12-096-411.pdf Attachments: Page 5 City of Saint Paul Printed on 5/8/2012 May 9, 2012City Council Meeting Agenda 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. Second Reading 21 Ord 12-26 Amending Legislative Code sections 63.200 parking requirements; 65.600 land use definitions and development standards for food and beverages; and chapter 66 zoning district uses. Sponsors:Stark Amended Attachment A - Amendments to Definition and Off-Street Parking .pdf Attachment A - Amendments to Definitions and Off-Street Parking for Establishments Serving Alchohol.pdf PC Letter to Mayor&CC - Parking Amendments for Places Serving Alcohol.pdf PC Resolution on Bar Parking Amend 5-27-11.pdf Proposed Bar definition and parking requirement 5-24-2011.pdf Attachments: 22 Ord 12-27 Amending Chapter 321 of the Saint Paul Legislative Code pertaining to Rooming and Boarding. Sponsors:Lantry 23 Ord 12-28 Amending Chapter 378 of the Saint Paul Legislative Code pertaining to Bed and Breakfast Residence. Sponsors:Lantry 24 Ord 12-29 Amending Chapter 407 of the Saint Paul Legislative Code pertaining to Hotels. Sponsors:Lantry 25 Ord 12-30 Amending Chapter 360 of the Saint Paul Legislative Code pertaining to Public Swimming Pools. Sponsors:Lantry First Reading 26 Ord 12-22 Amending Chapter 331A of the Saint Paul Legislative Code pertaining to Special Event Food Sales. Sponsors:Lantry 27 Ord 12-24 Amending Chapter 310 of the Saint Paul Legislative Code Code pertaining to Special Event Foods Sales License Fee Schedule. Sponsors:Lantry SPLC 310.18 (d) Special Event Food Sales Fee schedule.pdfAttachments: Page 6 City of Saint Paul Printed on 5/8/2012 May 9, 2012City Council Meeting Agenda PUBLIC HEARING 28 Ord 12-25 Amending Chapter 60 of the Saint Paul Legislative Code pertaining to the District 9 Gateway Zoning Study. (Public hearing will be held on May 9, 2012 at 3:30 p.m.) Sponsors:Thune D9gatewayzoningpcmemotomayorandcc.pdf D9 T3 zoning letter.pdf Response to commercial zoning survey 2012.pdf District 9 Gateway Zoning Study email.pdf Attachments: SUSPENSION ITEMS 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 7 City of Saint Paul Printed on 5/8/2012 City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1CO 12-12 Name:OTAs 7 addresses Status:Type:Communications & Receive/File Agenda Ready In control:City Council Final action: Title:Letters from the Department of Safety and Inspections declaring 1132 Central Avenue West, 1175 Earl Street, 924 Eleanor Avenue, 595 Mackubin Street, 763 Lawson Avenue East, 461 Sherburne Avenue, and 435 Thomas Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Sponsors:Dan Bostrom, Melvin Carter III, Dave Thune Indexes:Order to Abate Nuisance, Ward - 1, Ward - 2, Ward - 6 Code sections: Attachments:1132 Central Ave W.OTA.pdf 1175 Earl St.OTA.pdf 924 Eleanor Ave.OTA.pdf 763 Lawson Ave.OTA.pdf 595 Mackubin St.OTA.pdf 461 Sherburne Ave.OTA.pdf 435 Thomas Ave.OTA.pdf Action ByDate Action ResultVer. Title Letters from the Department of Safety and Inspections declaring 1132 Central Avenue West, 1175 Earl Street, 924 Eleanor Avenue, 595 Mackubin Street, 763 Lawson Avenue East, 461 Sherburne Avenue, and 435 Thomas Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) City of Saint Paul Printed on 5/8/2012Page 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 352 May 01, 2012 11-243267 Abdul Matin PO Box 907 Winsted MN 55395-0907 Mohammed Shahidullah c/o Sam Shahidullah 607 Erie St SE Minneapolis MN 55414 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: 1132 CENTRAL AVE W With the following Historic Preservation information: NONE and legally described as follows, to wit: F W Hoyts Rearrangementof L Lot 23 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 April 11, 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 and masonry single-family dwelling with two detached utility sheds. An Affirmative Action Equal Opportunity Employer May 01, 2012 1132 CENTRAL AVE W page 2 Interior Water damaged ceilings and walls Unapproved hand rails Mold No CO detector protection Broken door frame Extension cord wiring Leaking plumbing in basement Standing water on the basement floor Fire damaged electrical outlet in the common bathroom 3 unapproved rental bedrooms Open kitchen ceiling – uncovered foam insulation Unsafe storage of chemicals in at least 1 of the rental bedrooms Exterior Roof damaged by tree Chipped/peeling paint Damaged, boarded doors and windows Open, damaged dry vent Missing window screens Deficiency list from DSI CO program condemnation letter of September 22, 2011: 1. 1st Floor - Bedroom - MSFC 605.4.1, 605.4.2 - Relocatable power taps shall be of the polarized or grounded type, equipped with overcurrent protection, and shall be listed in accordance with UL 1363. Relocatable power taps shall be directly connected to a permanently installed receptacle.-All power strips must plug directly into an approved outlet throughout the building. 2. 1st Floor - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the walls in an approved manner.-Repair or replace the damaged or deteriorated wall coverings. Patch the holes and/or cracks in the walls. 3. 2nd Floor - Southwest Bedroom - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window in good condition. -Replacement window not properly installed.-Properly install replacement window in an approved manner and obtain approval under the previous open permit for new window replacements. Obtain approval for all new windows throughout the building. 4. 2nd Floor - Southwest Bedroom - MSFC 102.1.1 - Existing building features - application. - Existing construction and design features that exceed the requirements for existing structures or facilities but are less than the requirements for new structures or facilities shall not be further diminished. Existing construction and design features that exceed the requirements for new structures or facilities are allowed to be removed. -Replace missing smoke detector that was required as part of a building permit. 5. 2nd Floor - Bathroom - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condition.-The kitchen ceiling has water damage from the bathroom above. Repair bathroom fixtures and installations in an approved manner to prevent further leaks. 6. Basement - SPLC 34.11 (4), 34.34 (1), MPC 4515, MPC 326 - Connect or cap the sewer piping in accordance with the plumbing code. This work will require a permit. Contact DSI at 651-266-8989. May 01, 2012 1132 CENTRAL AVE W page 3 Drain for the washing machine does not meet code and was installed without permit.-Contact a licensed plumber to install drain and obtain approval under permit. 7. Basement - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condition. This work will require a permit. Contact DSI at 651-266-8989. Water supply for the washing machine was not properly installed and without permit.-Contact a licensed contractor to properly install water supply for the washing machine and obtain approval under permit. Also obtain approval for any plumbing work done as required by the open Building permit. 8. Basement - SPC 4715.1430, & 1440 - Provide approved support for all plumbing piping. 9. Basement – MFGC 415 - Install proper hangers and support for the gas piping in compliance with the mechanical code. 10. Basement - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area.-Hard wired smoke detector is improperly installed. 11. Basement - MSFC 605.1 -Provide a grounding jumper around the water meter. 12. East Door - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door frame. 13. East Door - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch. 14. East Entry - MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed exit way.-Remove 2 X4 and 2 X 6 wood pieces blocking the door. 15. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screens.- Throughout. 16. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window in good condition.-Obtain approval under permit for all replacement windows installed. 17. Exterior - SPLC 71.01 - The address posted is not visible from street. -Provide reflective numbers or background or illuminate at night. 18. Front Entry - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door latch.-Repair door knob to provide the door to latch properly when closed. 19. Front Porch - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.- Repair or replace the damaged or deteriorated ceiling. 20. Interior - MSFC 901.6 - Provide required annual maintenance of the provided fire extinguishers by a qualified person and tag the fire extinguishers with the date of service. 21. Interior - MSFC 605.1 - Remove unapproved exposed wiring and install in accordance with the electrical code. This work will require a permit(s). Call DSI at (651) 266-9090. Wiring improperly installed and without permit. Romex was found with a manufactured date of 6/16/10.-Contact a licensed electrician to repair and properly install all wiring in the basement and throughout the building where needed. Obtain approval under permit. Obtain approval under permit for all electrical work requiring a permit throughout the building. May 01, 2012 1132 CENTRAL AVE W page 4 22. Interior - MSFC 605.1 - Repair or replace damaged electrical fixtures. This work will require a permit(s). Call DSI at (651) 266-9090. Electrical fixtures improperly installed and without a permit.-Contact a licensed electrician to properly install all electrical fixtures where needed throughout the building and obtain approval under permit. 23. Interior - MSFC 605.6 - Provide electrical cover plates to all outlets, switches and junction boxes where missing.-Throughout 24. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. 25. Interior - SPLC 34.19 - Provide access to the inspector to all areas of the building. 26. Interior - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office. 27. Interior - SPLC 33.05 - Uncertified portions of the building must not be occupied until inspected and approved by this office. 28. Kitchen - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condition.-Repair kitchen faucet knob. 29. Kitchen - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.- Repair or replace the damaged or deteriorated ceiling. 30. Porch - SPLC 34.09 (1) e, 34.32 (1) d - Provide and maintained the roof weather tight and free from defects. The porch ceiling is wet from the roof leaking. 31. Shed - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements. -there is inadequate foundation support. -10 foot by 12 foot shed shall be constructed in a workmanship like manner.- Install a proper foundation to support the 12 foot high shed per code. Construct shed to code. 32. Throughout - SPLC 34.03 - Every portion of a structure occupied for residential purposes shall comply with sections 34.01 through 34.30. Any alterations thereof shall be done in accordance with applicable sections of the Minnesota Building Code and the St. Paul Zoning Code. This work will require a permit(s). Contact DSI at 651-266-8989. -All outstanding Code Compliance orders must be completed and approved. All open permits must be approved. Obtain approval under new permit for basement renovation work. 33. Utility Room - MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed exit way.-The door is obstructed by improperly installed ceiling. 34. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit an approved completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 35. SPLC 39.02(c) - Complete and sign the smoke detector affidavit and return it to this office. 36. UMC 504.6 - Provide, repair or replace the dryer exhaust duct. Exhaust ducts for domestic clothes dryers shall be constructed of metal and shall have a smooth interior finish. The exhaust duct shall May 01, 2012 1132 CENTRAL AVE W page 5 be a minimum nominal size of four inches (102 mm) in diameter. This work will require a permit(s). Call DSI at (651) 266-8989.-Install vent and vent cover to code. Obtain approval under permit. General Illegally occupied category 2 registered vacant building Illegally occupied condemned dwelling No Certificate of Occupancy for a rental property As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 1, 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. 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 May 01, 2012 1132 CENTRAL AVE W page 6 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 May 1, 2012 09-065876 Kimberly D Scott 41 Arlington Ave W Apt 307 St Paul MN 55117-3845 Chase Bank USA 200 White Clay Center Newark DE 19711 KSR Investments LLC 408 Coyote Trail Lino Lake MN 55014 IRS Tax Lien Division PO Box 145595 Stop 8420G Cincinnati OH 45250 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: 1175 EARL ST With the following Historic Preservation information: NONE and legally described as follows, to wit: Eastville Heights Lot 30 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 April 4, 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, wood frame, single-family dwelling with an oversized, single-stall detached garage. An Affirmative Action Equal Opportunity Employer May 1, 2012 1175 EARL ST page 2 Exterior 1. 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. 2. The exterior walls and/or trim of the 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 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. 4. 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. 5. 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. 6. 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. Interior 7. 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. 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. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be Required. 10. The interior ceilings are defective. Repair all ceiling defects and finish in a professional manner. 11. The interior walls are defective. Repair all wall defects and finish in a professional manner. 12. 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. 13. Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning smoke detectors in accordance with the attached requirement, within 24 hours. May 1, 2012 1175 EARL ST page 3 14. 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. 15. 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. 16. There is extensive mold throughout. Remove it. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 1, 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. 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. May 1, 2012 1175 EARL ST page 4 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 361 May 1, 2012 07-153454 Craig Jensen and Sabrina Demars 924 Eleanor St St Paul MN 55102-4009 Wells Fargo Bank NA MAC: X2598-015 1 Home Campus Des Moines IA 50328 Wells Fargo Bank NA MAC: X999-018 PO Box 1629 Minneapolis MN 55440-9790 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: 924 ELEANOR AVE With the following Historic Preservation information: NONE and legally described as follows, to wit: Ruggs Addition Lots 1 And Lot 2 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 April 10, 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 wood frame house, with a two-stall detached, wood frame garage and another one-stall, detached wood frame garage. An Affirmative Action Equal Opportunity Employer May 1, 2012 924 ELEANOR AVE page 2 The following Deficiency List is excerpted from the August 17, 2010 Code Compliance Report. BUILDING  Provide complete storms and screens, in good repair for all door and window openings.  Exit doors shall be capable of being opened from the inside, easily and without the use of a key. Remove all surface bolts.  Install floor covering in bathroom and kitchen that is impervious to water.  Prepare and paint interior and exterior as necessary. Observe necessary abatement procedures (EPA, MPCA and St. Paul Legislative Code, Chapter 34 for additional information) if lead base paint is present.  Install Smoke Detectors/Carbon Monoxide Detectors per MN Co Conservation Code and the MN Dept. of Labor and Industry.  Provide major clean-up of premises.  Repair siding, soffit, fascia, trim, etc. as necessary.  Provide proper drainage around house to direct water away from foundation of house.  Provide proper drainage around house to direct water away from foundation of garage.  Provide general rehabilitation of garage and replace rotted siding.  Install address numbers visible from street and on the alley side of garage.  Review all applicable codes & policies when replacing windows including egress windows for sleeping rooms.  Properly repair garage, garage door and fascia on east. Install numbers on both garages to code.  Second floor bedroom window is to small in both units and no smoke detectors in any second floor bedrooms.  Owner to supply ladder at final inspection for roof inspection.  A building permit is required to correct the above deficiencies. ELECTRICAL  Ground the electrical service to the water service with a copper conductor within 5 feet of the entrance point of the water service  Bond around water meter with a copper wire sized for the electrical service per Article 250 of the NEC  Provide a complete circuit directory at service panel indicating location and use of all circuits  verify/install a separate 20 ampere laundry circuit and a separate 20 ampere kitchen appliance circuit  Verify that fuse/circuit breaker amperage matches wire size  install/replace GFCI receptacle in basement and second bathroom adjacent to the sink. Unit B not working.  Install globe-type enclosed light fixture on all closet lights  Remove all cord wiring and adapters bath A  Repair or Replace all broken, missing or loose light fixtures, switches and outlets, covers and plates. Kitchen B Unit.  Install hard-wired, battery backup smoke detector per bulletin 80-1 and other smoke detectors as required by the IRC. Also, Install carbon monoxide detector(s) within 10 feet of all bedrooms May 1, 2012 924 ELEANOR AVE page 3  Install receptacle for garage door opener  Remove and or/ re-wire all illegal, improper or hazardous wiring in basement.  Throughout building, install outlets and light fixtures as specified in Bulletin 80-1.  A Unit: Microwave cord through wall. Verify separate ground/neutral bar in panels. (Disconnects outside - verify)  A Unit: Verify switch operation (south wall)  A Unit: Provide access inside panel. Outside disconnect inside panel covers corroded. Need new screw in one disconnect. Provide illumination throughout exterior/interior.  B Unit: Reinstall thermostat wire.  All added receptacles must be grounded, tamper-resistant and be on an Arc-Fault Circuit Interrupter-protected circuit.  Any open walls or walls that are opened as part of this project must be wired to the standards of the 2008 NEC.  All buildings on the property must meet the St. Paul Property Maintenance Code (Bulletin 80-1).  All electrical work must be done by a Minnesota-licensed electrical contractor under an electrical permit. PLUMBING  Basement - Water Heater - Vent must be in chimney liner (IFGC 501.12)  First Floor - Laundry Tub - Unit A - water piping incorrect, leaks (MPC 0200 P.)  First Floor - Lavatory - Unit A - fixture is broken or parts missing, pop up (MPC 0200 0.)  First Floor - Lavatory - Unit B - fixture is broken or parts missing pop up (MPC 0200 0.)  First Floor - Sink - Unit A - Run dishwasher drains to code  First Floor - Sink - Unit B - Run dishwasher drains to code.  First Floor - Tub and Shower - Unit A - Provide access (MPC 0900)  First Floor - Tub and Shower - Unit B - Provide access (MPC 0900)  First Floor - Tub and Shower - Unit B - provide stopper (MPC 1240)  Obtain plumbing permits prior to commencement of work. HEATING  Install approved lever handle manual gas shutoff valve on all gas appliances and remove unapproved valve.  Install approved lever handle manual building shutoff gas valve in an accessible location ahead of the first branch tee.  New furnaces installed-permits and inspections required.  Clean and Orsat test furnace(s) burner. Check all controls for proper operation. Check furnace heat exchanger for leaks; provide documentation from a licensed contractor that the heating unit is safe.  Move furnace out of closet/alcove or provide documentation from the equipment manufacturer indicating that it is an approved installation.  Move return air intake a minimum of ten (10) feet from furnace flue draft diverter or relocate it to another room. May 1, 2012 924 ELEANOR AVE page 4  Return air to be ducted to furnace according to code. Currently R/A draws air through room containing fuel burning appliance.  Unit 924 A-Furnace must not be located in sleeping room unless it meets the exceptions in the IFGC section303.3.  Install approved metal chimney liner. No permit or inspection.  Replace furnace/water heater flue venting to code.  Provide adequate clearance from flue vent pipe on furnace/boiler to combustible materials or provide approved shielding according to code.  Vent clothes dryer to code. No permit or inspection.  Provide adequate combustion air and support duct to code. No permit or inspection.  Provide support for gas lines to code.  Plug, cap and/or remove all disconnected gas lines.  Provide appropriate size operable window in bathrooms or provide bathroom exhaust system vented to outside with approved material according to code. A mechanical ventilation permit is required if an exhaust system is installed.  All supply and return ducts for warm air heating system must be clean before final approval for occupancy. Provide access for inspection of inside of ducts or provide documentation from a licensed duct-cleaning contractor that the duct system has been cleaned.  Repair and/or replace heating registers as necessary.  Provide heat in every habitable room and bathrooms.  Mechanical GAS, WARM AIR/VENTILATION permits is/are required for the above work. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 1, 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. May 1, 2012 924 ELEANOR AVE page 5 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 Matt Dornfeld between the hours of 8:00 and 9:30 a.m. at 651-266-1902, or you may leave a voice mail message. Sincerely, Matt Dornfeld 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 May 1, 2012 10-501597 Andrew W Braun 763 Lawson Ave E St Paul MN 55106-3119 BAC Home Loan Servicing LP 400 Countrywide Way Simi Valley CA 93065 Peterson Fram & Bergman 55 E Fifth Street Saint Paul MN 55101-1197 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: 763 LAWSON AVE E With the following Historic Preservation information: NONE and legally described as follows, to wit: Arlington Hills Add B4045 49 Lot 17 Blk 9 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 April 19, 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 two-stall, detached, wood frame garage, and wood frame shed. An Affirmative Action Equal Opportunity Employer May 1, 2012 763 LAWSON AVE E page 2 The following Deficiency List is excerpted from the November 19, 2010 Code Compliance Report. BUILDING  Insure basement cellar floor is even, is cleanable, and all holes are filled.  Tuck Point interior/exterior of foundation as necessary.  Dry out basement and eliminate source of moisture.  Remove mold, mildew and moldy or water damaged materials.  Install handrails (34 inches - 38 inches above each nosing) and guardrails (36 inch minimum) at all stairways, and return hand rail ends into a newel post or wall per attachment.  Strap or support top of stair stringers for structural stability.  Repair or Replace any deteriorated window sash, broken glass, sash holders, re-putty, etc as necessary.  Provide complete storms and screens, in good repair for all door and window openings.  Provide functional hardware at all doors and windows  Exit doors shall be capable of being opened from the inside, easily and without the use of a key. Remove all surface bolts.  Repair or replace damaged doors and frames as necessary, including storm doors.  Weather seal exterior doors, threshold and weather-stripping.  Install floor covering in bathroom and kitchen that is impervious to water.  Repair walls, ceiling and floors throughout, as necessary.  Prepare and paint interior and exterior as necessary. Observe necessary abatement procedures (EPA, MPCA and St. Paul Legislative Code, Chapter 34 for additional information) if lead base paint is present.  Air-seal and insulate attic/access door.  Install Smoke Detectors/Carbon Monoxide Detectors per MN Co Conservation Code and the MN Dept. of Labor and Industry.  Provide major clean-up of premises.  Verify proper venting of bath exhaust fan to exterior.  Provide weather sealed, air sealed and vermin sealed exterior.  Repair siding, soffit, fascia, trim, etc. as necessary.  Provide proper drainage around house to direct water away from foundation of house.  Provide proper drainage around house to direct water away from foundation of garage.  Install downspouts and a complete gutter system.  Install rain leaders to direct drainage away from foundation.  Install flashing in an approved manner at the intersection of the roof with walls, chimneys, and other conjoined surfaces.  Repair chimney in an approved manner.  Provide general rehabilitation of garage.  Install address numbers visible from street and on the alley side of garage.  Review all applicable codes & policies when replacing windows including egress windows for sleeping rooms.  Replace front steps to code.  Remove roof jacks from roof and fill holes and properly flash front porch at gable wall.  Replace rear porch rim joist and flash to code with inspection before covering. May 1, 2012 763 LAWSON AVE E page 3  Install tempered glass in window on stair landing.  Install one hour fire ratting on east side of storage shed.  Install one hour fire ratting on west wall of garage.  Replace broken garage doors and windows.  Could not gain access to storage shed or some areas of house due to high volume of storage and trash. (All to meet code when done.)  Remove plastic from walls and ceiling in grow room in basement and all water damaged materials.  A building permit is required to correct the above deficiencies. ELECTRICAL  Ground the electrical service to the water service with a copper conductor within 5 feet of the entrance point of the water service  Bond around water meter with a copper wire sized for the electrical service per Article 250 of the NEC  Provide a complete circuit directory at service panel indicating location and use of all circuits  verify/install a separate 20 ampere laundry circuit and a separate 20 ampere kitchen appliance circuit  Install S type fuse adapters and proper size S fuses listed circuit breakers  Verify that fuse amperage matches wire size  Close openings in service panel/junction box with knock out seals, breaker blanks and/or junction boxes  Properly strap cables, boxes and conduits in basement  Install globe-type enclosed light fixture on all closet lights  Remove all cord wiring  Repair or Replace all broken, missing or loose light fixtures, switches and outlets, covers and plates  Check all outlets for proper polarity and verify ground on 3-prong outlets  Remove any 3-wire ungrounded outlets and replace with 2-wire or ground 3-wire to code  Install hard-wired, battery backup smoke detector per bulletin 80-1 and other smoke detectors as required by the IRC. Also, Install carbon monoxide detector(s) within 10 feet of all bedrooms  Properly wire exterior lights at back door  Remove and or/ re-wire all illegal, improper or hazardous wiring in basement/garage  Replace all painted-over receptacles.  Basement, install 15 amp fuses on number 14 wire, 20 amp on number 12 wire.  Drill holes for romex run under joists first floor.  Add receptacles to every room per bulletin 80-1.  All added receptacles must be grounded, tamper-resistant and be on an Arc-Fault Circuit Interrupter-protected circuit.  Any open walls or walls that are opened as part of this project must be wired to the standards of the 2008 NEC. May 1, 2012 763 LAWSON AVE E page 4  All buildings on the property must meet the St. Paul Property Maintenance Code (Bulletin 80-1).  All electrical work must be done by a Minnesota-licensed electrical contractor under an electrical permit. PLUMBING  Basement - Gas Piping - run dryer vent to code (IFGC 613.1 - IMC 604.1)  Basement - Laundry Tub - provide a vacuum breaker for the spout (MPC 2000 B)  Basement - Soil and Waste Piping - no front sewer clean out (MPC 1000)  Basement - Soil and Waste Piping - no soil stack base clean out  Basement - Water Heater – J Missing re-plumb to code  First Floor - Sink - Run dishwasher drain to code  First Floor - Sink - waste incorrect (MPC 2300)  Second Floor - Tub and Shower - replace waste and overflow (MPC 1240)  Obtain plumbing permits prior to commencement of work. HEATING  Install heating system to code  Vent clothes dryer to code.  Provide support for gas lines to code.  Plug, cap and/or remove all disconnected gas lines.  Provide a window in the bathrooms with an aggregate glazing area of not less than 3 square feet, one-half of which must be openable or provide exhaust system vented to outside. A mechanical ventilation permit is required if an exhaust system is installed.  Provide heat in every habitable room and bathrooms.  Unable to gain entry to garage during inspection, however a chimney vent is visible through the roof. If there is any nonconforming heating equipment in the garage, remove it and all connecting piping and venting and permanently seal and plug all openings or install equipment to code. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 1, 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 May 1, 2012 763 LAWSON AVE E page 5 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 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 May 01, 2012 09-032966 Cecilia M Walker 860 Howard St N St Paul MN 55119-3515 Cecilia M Walker c/o Cerenity CC Dellwood 753 7th Street East Saint Paul MN 55106 University National Bank 200 University Avenue W Saint Paul MN 55103 MN Dept of Human Services Att: Jan Curan PO Box 64995 Saint Paul MN 55164 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: 595 MACKUBIN ST With the following Historic Preservation information: NONE and legally described as follows, to wit: Hm Ranneys Sub Bk11 Stinsons D N 27 5/1o Ft Of S 63 Ft Of E 2 Ft Of Lot 3 And Ex E 18 Ft The N 27 5/10 Ft Of S 63 Ft Of Lot 2 And N 35 5/1o Ft Of S 71 Ft Of Lot 1 And Of E 18 Ft Of Lot 2 Blk 1 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 April 4, 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. An Affirmative Action Equal Opportunity Employer May 01, 2012 595 MACKUBIN ST page 2 This is a one and one-half story, wood frame single-family dwelling. Interior Water damaged, buckled and uneven floors Evidence of rodent infestation Mold on floors and walls Damaged floor coverings Open electrical – exposed wiring; open electrical panels in basement Water damaged ceilings and walls; partially collapsed ceiling in kitchen Unsanitary conditions Unvented ‘S’ trap plumbing Extension cord wiring Unapproved and missing hand rails Water damaged wooden posts in basement; unapproved metal adjustable posts No smoke or CO detector protection No gas, water, or electrical services Exterior Damaged, missing and boarded windows Damaged doors Chipped/peeling paint Damaged hand rail on front porch As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 1, 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 May 01, 2012 595 MACKUBIN ST page 3 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 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 361 May 1, 2012 08-144213 DRB#24 LLC PO Box 16595 St Paul MN 55116-0595 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: 461 SHERBURNE AVE With the following Historic Preservation information: NONE and legally described as follows, to wit: Smiths Sub Of Stinsns Div B9 1 Lot 40 Blk 15 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 April 11, 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 house. The following Deficiency List is excerpted from the January 29, 2009 Code Compliance Report. An Affirmative Action Equal Opportunity Employer May 1, 2012 461 SHERBURNE AVE page 2 BUILDING 1. Repair chain link fence as necessary. 2. Re-level front entry landing and step. 3. Rehabilitate kitchen cabinets or replace. 4. Provide tempered glazing in upstairs bedroom at rear of house, east side. 5. Remove and replace carpet and vinyl throughout house. 6. Remove and replace suspended ceiling tile that is stained or damaged throughout house. 7. Provide exhaust fan at bathroom on main level. 8. Provide support or straps to stringers at rear entry steps going to upper level. 9. Install pickets where missing or main level deck. 10. Infill and completely seal opening in foundation wall at rear of house. 11. Insure basement cellar floor is even, is cleanable, and all holes are filled. 12. Install handrails and guardrails at all stairways, including basement stairways, per attachment. 13. Strap or support top of stair stringers. 14. Tuck Point interior/exterior of foundation. 15. Install floor covering in the bathroom and kitchen that is impervious to water. 16. Install tempered or safety glass in window over bathtub to Code. 17. Provide thumb type dead bolts for all entry doors. Remove any surface bolts. 18. Repair or replace any deteriorated window sash, broken glass, sash holders, re-putty etc. as necessary. 19. Provide complete storms and screens, in good repair, for all door and window openings. 20. Provide fire block construction as necessary. 21. Re-level structure as much as is practical. 22. Where wall and ceiling covering is removed install full-thickness or code-specified insulation. 23. Prepare and paint interior and exterior as necessary. Observe necessary abatement procedure if lead base paint is present (See St. Paul Legislative Code, Chap. 34 for additional information). 24. Any framing members that do not meet code (where wall and ceiling covering is removed, members that are over-spanned, over-spaced, not being carried properly, door and window openings that are not headered, etc.) are to be reconstructed as per code. 25. Habitable rooms with new usage and replaced windows shall have glass area equal to 8% of floor area, or a minimum of 8 sq. ft., one-half of which shall operate; and all bedroom windows shall meet emergency egress requirements (20" minimum width, 24" minimum May 1, 2012 461 SHERBURNE AVE page 3 height, but not less than 5.7 sq. ft. overall openable area; minimum 5.0 sq. ft. openable area if sill height is within 44 inches of grade). 26. Provide general clean-up of premise. 27. Provide smoke detectors per the Minnesota Building Code and carbon monoxide detectors per State law. 28. Repair siding, soffit, fascia, trim, etc. as necessary. 29. Provide weather-sealed, air-sealed, and vermin-sealed exterior. 30. Provide proper drainage around house to direct water away from foundation. 31. Replace or repair landing and stairway per code. 32. Repair or replace damaged doors and frames as necessary, including storm doors. 33. Weather-seal exterior doors. 34. Air-seal and insulate attic access door in an approved manner. 35. Dry out basement and eliminate source of moisture. 36. Remove mold, mildew and moldy or water-damaged materials. 37. Install water-proof enclosure in shower area. 38. Cover water meter pit with concrete or decay-resistant, screwed-down cover. ELECTRICAL 1. Ground the electrical service to the water service with a copper conductor within 5’ of the entrance point of the water service. 2. Bond around water meter with a copper wire sized for the electrical service per Article 250 of the NEC. 3. Provide a complete circuit directory at service panel indicating location and use of all circuits. 4. Verify/install a separate 20 ampere laundry circuit & a separate 20 ampere kitchen appliance circuit. 5. Verify that fuse/circuit breaker amperage matches wire size. 6. Close open knockouts in service panel/junction boxes with knockout seals. 7. Provide one (1) light for each 200 square feet in unfinished basement. One light must be switched from the top of the stairs. 8. Ground bathroom light in first and second bathroom and disconnect receptacle on fixture. 9. Remove all cord wiring. 10. Repair or replace all broken, missing or loose light fixtures, switches & outlets, covers and plates. 11. Check all outlets for proper polarity and verify ground on 3-prong outlets. May 1, 2012 461 SHERBURNE AVE page 4 12. Remove any 3-wire ungrounded outlets and replace with 2-wire or ground 3-wire to code. 13. Throughout building, install outlets and light fixtures as specified in Bulletin 80-1. 14. Install hard-wired, battery backup smoke detector as specified in Bulletin 80-1 and other smoke detectors as required by the IRC. Also, Install carbon monoxide detector(s) within 10 feet of all bedrooms. 15. Install exterior lights at front/side/back entry doors. 16. All added receptacles must be grounded, tamper-resistant and be on an Arc-Fault Circuit Interrupter-protected circuit. 17. All electrical work must be done by a Minnesota- licensed electrical contractor under an electrical permit. 18. Any open walls or walls that are opened as part of this project must be wired to the standards of the 2008 NEC. 19. All buildings on the property must meet the St. Paul Property Maintenance Code (Bulletin 80-1) 20. Verify wiring above suspended ceilings. 21. Properly wire and ground first and second floor bath lights. 22. Add one receptacle in southwest bedroom, southeast bedroom and northeast bedroom. PLUMBING All plumbing work requires permit(s) and must be done by a plumbing contractor licensed in Saint Paul. Basement 1. The water heater has no gas shutoff or gas piping is incorrect and the gas venting and water piping are incorrect. 2. The water heater is not fired or in service. Verify vent is connected to proper chimney liner. 3. Raise water meter to minimum 12” above floor and properly support meter. 4. The water meter is removed and not in service and the service valves are not functional or correct. 5. The water meter has corroded and incorrect piping. 6. Remove water meter from pit. 7. Repair or replace all corroded, broken or leaking water piping. 8. Provide water piping to all fixtures and appliances. All water piping missing – replace per code. 9. Replace corroded gas piping. 10. The dryer gas shutoff, connector or gas piping is incorrect. Add appropriate hangers. 11. The soil and waste piping has no front sewer cleanout and no soil stack base cleanout. May 1, 2012 461 SHERBURNE AVE page 5 12. The soil and waste has unplugged, open or back pitched piping and has improper pipe supports and improper connections, transitions, fittings or pipe usage. Add appropriate hangers. 13. The laundry tub waste and water piping are incorrect and incorrectly vented. 14. The laundry tub fixture and faucet is broken or parts missing. Replace per code remaining piping that is incorrect. First Floor 15. The kitchen sink waste and water piping is incorrect and un-vented. 16. The kitchen sink faucet is missing, broken or parts missing. 17. The water closet is incorrectly vented. 18. The tub and shower waste is incorrect and incorrectly vented. The faucet is missing, broken or parts missing. Replace waste and overflow and provide a stopper. 19. The water closet is incorrectly vented. 20. The tub and shower waste is incorrect and incorrectly vented. The faucet is missing, broken or parts missing. Replace waste and overflow and provide stopper. 21. The range gas shutoff, connector or gas piping is incorrect. Second Floor 22. The lavatory waste is incorrect and incorrectly vented and the faucet is missing, broken or parts missing. 23. The water closet fixture is broken or parts missing. 24. The tub water piping is incorrect and incorrectly vented. Replace waste and overflow. 25. The lawn hydrant(s) are broken or parts missing and requires backflow assembly or device. HEATING 26. Clean and Orsat test furnace burner. Check all controls for proper operation. Check furnace heat exchanger for leaks; provide documentation from a licensed contractor that the heating unit is safe. 27. Vent clothes dryer to code. 28. Provide adequate combustion air and support duct to code. 29. Install flue venting to code. 30. Enclose flue vent on first level, maintain minimum one inch clearance to combustibles. 31. Clean all supply and return ducts for warm air heating system. 32. Repair and/or replace heating registers as necessary. 33. Install attached duct buried in wall to the appropriate register. 34. Gas and warm air mechanical permits are required for the above work. May 1, 2012 461 SHERBURNE AVE page 6 As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 1, 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. 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. May 1, 2012 461 SHERBURNE AVE page 7 If you have any questions or request additional information please contact Matt Dornfeld between the hours of 8:00 and 9:30 a.m. at 651-266-1902, or you may leave a voice mail message. Sincerely, Matt Dornfeld 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 361 May 1, 2012 07-136739 DRB#24 LLC PO Box 16595 St Paul MN 55116-0595 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: 435 THOMAS AVE With the following Historic Preservation information: NONE and legally described as follows, to wit: Smiths Sub Of Stinsns Div B 2 Lot 2 Blk 8 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 April 11, 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 duplex. An Affirmative Action Equal Opportunity Employer May 1, 2012 435 THOMAS AVE page 2 The following Deficiency List is excerpted from the March 20, 2009 Code Compliance Report. BUILDING 1. Remove or repair fence. 2. Remove rear first floor addition or jack up and install first frost footings and repair to code. 3. The basement door not to swing over stairs. 4. Replace second floor front porch windows. 5. Insure attic access 22”x30”. 6. Repair rotted ends of first floor, floor joists. 7. Install new siding to code on entire house. 8. Rebuild east side entry to code with frost footings or removed. 9. Insure basement cellar floor is even, is cleanable, and all holes are filled. 10. Install handrails and guardrails at all stairways, including basement stairways, per attachment. 11. Install plinth blocks under posts in basement. 12. Tuck Point interior/exterior of foundation. 13. Install floor covering in the bathroom and kitchen that is impervious to water. 14. Maintain one-hour fire-separation between dwelling units and between units and common areas. 15. Relocate 2nd floor electrical panel to 2nd floor unit or to common area or protect panel with 1-hour fire- rated enclosure. 16. Install 20-minute fire-rated doors, with self-closing device, between common areas and individual units. 17. Install tempered or safety glass in window over stair landing to Code. 18. Provide thumb type dead bolts for all entry doors. Remove any surface bolts. 19. Repair or replace any deteriorated window sash, broken glass, sash holders, re-putty etc. as necessary. 20. Provide complete storms and screens, in good repair, for all door and window openings. 21. Repair walls, ceilings and floors throughout, as necessary. 22. Re-level structure as much as is practical. 23. Prepare and paint interior and exterior as necessary. Observe necessary abatement procedure if lead base paint is present (See St. Paul Legislative Code, Chap. 34 for additional information). 24. Any framing members that do not meet code (where wall and ceiling covering is removed, members that are over-spanned, over-spaced, not being carried properly, door and window openings that are not headered, etc.) are to be reconstructed as per code. May 1, 2012 435 THOMAS AVE page 3 25. Provide general clean-up of premise. 26. Provide smoke detectors per the Minnesota Building Code and carbon monoxide detectors per State law. 27. Repair soffit, fascia, trim, etc. as necessary. 28. Provide weather-sealed, air-sealed, and vermin-sealed exterior. 29. Provide proper drainage around house to direct water away from foundation. 30. Maintain 6 inches minimum clearance between wood and soil, sloped to drain away from foundation. 31. Repair or replace damaged doors and frames as necessary, including storm doors. 32. Weather-seal exterior doors. 33. Dry out basement and eliminate source of moisture. 34. Remove mold, mildew and moldy or water-damaged materials. 35. Cover water meter pit with concrete or decay-resistant, screwed-down cover. ELECTRICAL 36. Ground the electrical service to the water service with a copper conductor within 5’ of the entrance point of the water service 37. Bond around water meter with a copper wire sized for the electrical service per Article 250 of the NEC 38. Provide a complete circuit directory at service panel indicating location and use of all circuits 39. Verify/install separate 20 ampere kitchen appliance circuit 40. Verify that circuit breaker amperage matches wire size 41. Properly strap cables and conduits in basement 42. Provide one (1) light for each 200 square feet in unfinished basement. One light must be switched from the top of the stairs 43. Ground bathroom light in first and second floor bathroom 44. Remove all cord wiring 45. Repair or replace all broken, missing or loose light fixtures, switches & outlets, covers and plates 46. Check all outlets for proper polarity and verify ground on 3-prong outlets. 47. Remove any 3-wire ungrounded outlets and replace with 2-wire or ground 3-wire to code 48. Throughout building, install outlets and light fixtures as specified in Bulletin 80-1 49. Install hard-wired, battery backup smoke detector as specified in Bulletin 80-1 and other smoke detectors as required by the IRC. Also, Install carbon monoxide detector(s) within 10 feet of all bedrooms. May 1, 2012 435 THOMAS AVE page 4 50. Install exterior lights at front/side/back entry doors 51. Remove and/or rewire all illegal, improper or hazardous wiring in basement 52. Duplex: Check Building write-up for fire resistance requirements if both panels are in the common area in a basement or move 2nd unit electrical panelboard to the second unit. 53. All added receptacles must be grounded, tamper-resistant and be on an Arc-Fault Circuit Interrupter-protected circuit. 54. All electrical work must be done by a Minnesota- licensed electrical contractor under an electrical permit. 55. Any open walls or walls that are opened as part of this project must be wired to the standards of the 2008 NEC. 56. All buildings on the property must meet the St. Paul Property Maintenance Code (Bulletin 80-1). 57. Rewire lean-to bedroom at rear of house. 58. Replace broken service entrances conduit fitting. PLUMBING All plumbing work requires permit(s) and must be done by a plumbing contractor licensed in Saint Paul. Basement Both Water Heaters 59. The water heaters temperature and pressure relief discharge piping is incorrect. 60. The water heaters gas shut off is incorrect. 61. The water heater water piping is incorrect. Water meter 62. The water meter is missing. 63. Properly support water meter. Gas Piping 64. The dryer gas shutoff, connector or gas piping is incorrect. Soil and waste piping 65. The soil and waste piping has improper connection, transitions, fittings or pipe usage. First Floor 66. The kitchen sink waste is incorrect. 67. The kitchen sink basket strainers are missing. 68. Reset toilet on solid surface. 69. The lavatory pop-up is missing. 70. Provide a stopper for tub. 71. The range gas shutoff is incorrect. May 1, 2012 435 THOMAS AVE page 5 Second Floor 72. The kitchen sink waste is incorrect. 73. The lavatory waste is incorrect. 74. Reset toilet on solid surface. 75. Provide a stopper for the tub. 76. The range gas shutoff is incorrect. Exterior 77. The lawn hydrant(s) requires backflow assembly or device. 78. Piping vents - Verify full size stack thru roof. HEATING 79. Clean and Orsat test furnace burner. Check all controls for proper operation. Check furnace heat exchanger for leaks; provide documentation from a licensed contractor that the heating unit is safe. 80. Install approved metal chimney liner. 81. Connect furnace and water heater venting into chimney liner. 82. Clean all supply and return ducts for warm air heating system. 83. Provide heat in every habitable room and bathrooms. 84. Repair supply and return heating ducts in basement. 85. A separate heating system is required for each dwelling unit if the furnace is replaced. 86. Gas and warm air mechanical permits are required for the above work. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by June 1, 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 May 1, 2012 435 THOMAS AVE page 6 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 Matt Dornfeld between the hours of 8:00 and 9:30 a.m. at 651-266-1902, or you may leave a voice mail message. Sincerely, Matt Dornfeld Vacant Buildings Enforcement Inspector cc: Legistar Approval list and City Council ota60135 5/11 Download finished. 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McAfee Global Threat Intel Report: Minimal Risk Website Country Code: Destination IP: 74.208.193.67 Source IP: 172.17.190.63 Triggered Rule Set: Gateway Antimalware Triggered Rule: Block if Virus was Found File Type: application/pdf File Size :78815 City of St. Paul Acceptable Internet Use Policy Click here for Internet Policy For assistance, please contact ishelp@ci.stpaul.mn.us generated 2012-05-08 14:18:03 by McAfee Web Gateway City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-728 Name:Property Clean Up March 1 to 30, 2012 Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving the City’s cost of providing Property Clean Up services during March 2012 and setting date of Legislative Hearing for June 5, 2012 and City Council Public Hearing for July 18, 2012 to consider and levy the assessments against individual properties. (File No. J1210A, Asmt No. 128517) Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Report of Completion Assessment Roll Action ByDate Action ResultVer. Title Approving the City's cost of providing Property Clean Up services during March 2012 and setting date of Legislative Hearing for June 5, 2012 and City Council Public Hearing for July 18, 2012 to consider and levy the assessments against individual properties. (File No. J1210A, Asmt No. 128517) Body WHEREAS, pursuant to Admin. Code Ch. 60: Property Service Cost Assessments, the Office of Financial Services Real Estate Section has prepared the attached Report of Completion of Assessment for Property Clean Up on Private Properties during the time period of March 1 to March 30, 2012 under Assessment No. 128517 (File No. J1210A); and, WHEREAS, the Office of Financial Services Real Estate Section has prepared for the Councils consideration the attached Assessment Roll listing the benefited property, the property owner, the service provided and the charges for the service as reported by the department providing the service; and hereby submits said Assessment Roll for the City Councils consideration to adopt and levy said charges as an assessment against the benefited property; now, therefore be it RESOLVED, that the Council of the City of Saint Paul hereby accepts and approves said Report of Completion of Assessment and Assessment Roll; and be it further RESOLVED, that a public hearing be had on said assessment on the 18th day of July, 2012 at the hour of 5:30 p.m. in the Council Chambers of the Court House and City Hall Building, in the City of Saint Paul; and that the Office of Financial Services Real Estate Section provide mailed and published notice of the same as required by law. City of Saint Paul Printed on 5/8/2012Page 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 12-729 Name:Trash Hauling March 7 to 28, 2012 Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving the City’s cost of providing Trash Hauling services during March 2012 and setting date of Legislative Hearing for June 5, 2012 and City Council Public Hearing for July 18, 2012 to consider and levy the assessments against individual properties. (File No. J1208G, Asmt No. 128708) Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Report of Completion Assessment Roll Action ByDate Action ResultVer. Title Approving the City's cost of providing Trash Hauling services during March 2012 and setting date of Legislative Hearing for June 5, 2012 and City Council Public Hearing for July 18, 2012 to consider and levy the assessments against individual properties. (File No. J1208G, Asmt No. 128708) Body WHEREAS, pursuant to Admin. Code Ch. 60: Property Service Cost Assessments, the Office of Financial Services Real Estate Section has prepared the attached Report of Completion of Assessment for Weekly Trash Hauing on Private Properties during the time period of March 7 to March 28, 2012 under Assessment No. 128708 (File No. J1208G); and, WHEREAS, the Office of Financial Services Real Estate Section has prepared for the Council's consideration the attached Assessment Roll listing the benefited property, the property owner, the service provided and the charges for the service as reported by the department providing the service; and hereby submits said Assessment Roll for the City Councils consideration to adopt and levy said charges as an assessment against the benefited property; now, therefore be it RESOLVED, that the Council of the City of Saint Paul hereby accepts and approves said Report of Completion of Assessment and Assessment Roll; and be it further RESOLVED, that a public hearing be had on said assessment on the 18th day of July, 2012 at the hour of 5:30 p.m. in the Council Chambers of the Court House and City Hall Building, in the City of Saint Paul; and that the Office of Financial Services Real Estate Section provide mailed and published notice of the same as required by law. City of Saint Paul Printed on 5/8/2012Page 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 12-738 Name:Preliminary Order - Wheelock Parkway Bridge Project Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Preliminary Order setting date of public hearing for June 6, 2012 to acquire property rights and to reconstruct the Wheelock Parkway Bridge over CPRR Tracks. Sponsors:Amy Brendmoen Indexes: Code sections: Attachments:Exhibit A - Map wheelock RR easement Exhibit B - Sumary of Recommendations Action ByDate Action ResultVer. Title Preliminary Order setting date of public hearing for June 6, 2012 to acquire property rights and to reconstruct the Wheelock Parkway Bridge over CPRR Tracks. Body IN THE MATTER OF acquiring the property rights needed for right-of-way purposes for the public purpose of replacing the Wheelock Parkway Bridge over the Canadian Pacific Railway by removing the existing bridge (No. 90396) and constructing a new bridge (No.62641), as depicted on Exhibit A attached hereto. The Council of the City of Saint Paul,having received the report of the Mayor upon the above improvement, attached hereto as Exhibit B, and having considered said report, hereby resolves: 1.That the said report and the same is hereby approved,with no alternatives,and that the estimated cost thereof is $2,200,000, financed by project funds. 2.That a public hearing be held on said improvement on the 6th of June 2012,at 5:30 o'clock P.M.,in the Council Chambers of the City Hall and Court House Building in the City of Saint Paul. 3.That notice of said public hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. Financial Analysis Funding for the acquisition of property rights and other project costs is CIB Funds and State Bridge Bonds (Fund 29) City of Saint Paul Printed on 5/8/2012Page 1 of 1 powered by Legistar™ Exhibit B SUMMARY OF RECOMMENDATIONS Department of Public Works: Wheelock Parkway Bridge No. 62641 Report Prepared February 22, 2012 Public Hearing Proposed June 6, 2012 PROJECT The City of Saint Paul proposes to reconstruct the Wheelock Parkway Bridge The City of Saint Paul proposes to purchase temporary construction easements to allow for the removal of existing Wheelock Parkway Bridge No. 90396 and the construction of a new Wheelock Parkway Bridge No.62641 and approaches. INITIATING ACTION This project is initiated by the Department of Public Works. The Department of Public Works is providing bridge and roadway design. Public Works is seeking available State bridge bond (Fund 29) funding for the bridge itself, and has secured C.I.B., and M.S.A funding for the approach roadway and design costs. REQUIRED EASEMENTS The purchase of a railroad easement is required to construct Bridge No. 62641. A total of 113,990 sq. ft. of temporary easement from the Canadian Pacific Railway( D.B.A Soo Line Railroad) will be required. No permanent property acquisition is required to construct Bridge No. 62641. PROPOSED IMPROVEMENTS The Final Order does not authorize construction of bridge 62641, but authorizes City staff to proceed with acquisition of the necessary easements. However, when the bridge is built, it will provide increased safety to both pedestrians and vehicles. ALTERNATIVES No viable alternates have been identified to replacing the existing bridge. The “do nothing” alternative is not acceptable because it does not address the deteriorating condition of the existing bridge nor does it take advantage of available funding. Removing the existing bridge without constructing a new bridge would adversely affect the City’s transportation system. - 2 - POSITIVE BENEFITS Purchasing these easements would allow for a construction of new a Wheelock Parkway Bridge that will serve the City for over 50 years, and take advantage of available State funding sources. ADVERSE EFFECTS No adverse effects have been identified. TIME SCHEDULE The acquisition process will begin upon approval, and should be completed in time to allow for a Summer, 2012 construction contract letting. Construction will begin in March, 2013, and the bridge will be open to traffic by the end of October, 2013. COSTS AND FUNDING Costs – Public Works/Real Estate estimates the cost of acquiring the temporary easements at $80,000 Public Works estimates the cost of construction at: $2,120,000 $2,200,000 Funding – The project will be funded with City and State Bridge Bonds (Fund 29) CONTACT FOR ADDITIONAL INFORMATION: Bob Novak, Real Estate (266-8863) Bruce Engelbrekt, Real Estate (266-8854) Glenn Pagel, Bridge Engineering (266-6187) G:\Real Estate\Acquisitions\Public Works\AE2007-01.Rice & Maryland\Rice&Myld.FOreport.DRAFT.013007.doc City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-807 Name:Deshun Carter Settlement Agreement and Release Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving the settlement agreement and release between the City of Saint Paul and Deshun Michael Carter. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Deshun Carter Settlement Agreement.pdf Judge's Approval.pdf Financial Analysis - Deshun Carter_1.pdf Administrative Code 3.02.pdf Action ByDate Action ResultVer. Title Approving the settlement agreement and release between the City of Saint Paul and Deshun Michael Carter. Body RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper City officials are hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511-000 to Deshun Carter and his attorney, J. Ashwin Madia, Madia Law LLC, the total sum of Eighty-Six Thousand, Five Hundred Dollars and no cents ($86,500) in full and final settlement in civil court file no. 10-cv-3081 (DSD/SER) for damages and attorney's fees arising from the incident occurring on September 26, 2009. City of Saint Paul Printed on 5/8/2012Page 1 of 1 powered by Legistar™ City of Saint Paul Financial Analysis Template Instructions Purpose of the Fiscal Analysis Template: Fiscal Analysis Template Tab Budget Reference Tabs Drop Down Menus Tab ● The Drop Down Menus tab (grey tab) is used by OFS only to manage the drop down lists contained in the Financial Analysis template. ● Department staff filling out this form should not attempt to edit this page. ● The Operating Budget Reference and CIB Budget Reference pages (blue tabs) are read-only tabs. They contain guidance on what kind of mayoral and/or council action is required for budget adjustments in both the operating and CIB budgets, and include charter and administrative code citations for these actions. ● If you have questions about what is required to accomplish a particular finance related action, please contact your budget analyst. ● Fill out all of the information in Financial Analysis Template (green tab) of this file. Pop-up windows will appear throughout the file to provide more details on what information is required. ● The top portion of the file, including the fiscal analysis, will need to be filled out for any finance related action, including: - Grants: applying for, accepting and budgeting - Donations: soliciting, accepting, and budgeting - Budget amendments (both resolutions and administrative orders) - Other action with a financial impact ● If the action includes either a CIB or Operating Budget Amendment, the detail accounting codes section must also be filled out. ● If you have further questions, please contact your budget analyst. ● The purpose of this template is to standardize the information accompanying financial resolutions that come before the Mayor and City Council. This form will be required to be submitted as an attachment to all resolutions that contain budget changes, related to grants or donations, or otherwise impact the city's finances. ● Resolutions without this information will not be approved by OFS, and will be returned to the drafter. City of Saint Paul Financial Analysis 1 File ID Number:RES #12-807 2 3 Budget Affected:Operating Budget City Attorney's Office General Fund 4 5 Total Amount of Transaction:$86,500 6 7 Funding Source:Other Please Specify: 8 Tort Liability Fund - 09070-0511-000 9 Charter Citation:Administrative Code 3.02 10 11 12 Fiscal Analysis 13 14 15 RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper City officials are hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511-000 to Deshun Carter and his attorney, J. Ashwin Madia, Madia Law LLC, the total sum of Eighty-Six Thousand, Five Hundred Dollars and no cents ($86,500) in full and final settlement in civil court file no. 10-cv-3081 (DSD/SER) for damages and attorney’s fees arising from the incident occurring on September 26, 2009. In order to: Resolution, A.O., or Other Documentation Required? Resolution/AO Action Charter/Code Citation Template Agenda Section 1.)Recognize additional/unanticipated revenues (Ex. Outperforming revenues, outside donations, etc) Budget Amendment Resolution and Public Hearing - Mayor certifies that there are available for appropriation total revenues in excess of those estimated in the budget - Amend spending and financing to recognize new revenue in the appropriate company and activity C.C. 10.07.1 Budget Amendment or Gifts and Donations Public Hearing 2.)Accept a Grant a.) No Budget Previously Establish for the Grant Award Letter and/or Grant Agreement Budget Amendment Resolution and Public Hearing - Mayor certifies that there are available for appropriation total revenues in excess of those estimated in the budget - Amend spending and financing to recognize the grant in the appropriate company and activity C.C. 10.07.1 Admin 41.03 Grants Public Hearing b.) Previously Established Grant Budget Award Letter and/or Grant Agreement Resolution Accepting the Grant Funds (No public hearing needed) - Accept the awarded grant funds - Include in the resolution that the grant funds were anticipated in the current year's budget Grants Consent 3.)Transfer Appropriations within Departments: a.) Within the same Fund (Lawson Company)A.O.- Mayor may transfer any unencumbered appropriation balances within a department - Administrative order is prepared to execute the transfer C.C. 10.07.4 Budget Amendment Consent b.) Between Funds (Lawson Companies)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between companies - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent Operating Budget Changes Procedures Guide In order to: Resolution, A.O., or Other Documentation Required? Resolution/AO Action Charter/Code Citation Template Agenda Section Operating Budget Changes Procedures Guide 4.)Transfer Appropriations between Departments a.) Within the same Fund (Lawson Company)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between departments - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent b.) Between Funds (Lawson Companies)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between departments - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent 6.) Allow appropriations to lapse (non-capital improvement dollars) For Lapse of appropriations - Capital improvements see City Charter 10.09. For guidance on budget change procedures for accomplished or abandoned projects, see the CIB Project and Budget Changes Procedures Guide, numbers 1, 2, and 6. None - No action required. -All non-encumbered appropriations will fall to fund balance at the end of the fiscal year. - All encumbered appropriations will be re- appropriated in the following fiscal year's budget for the same purposes C.C. 10.08 N/A N/A 7.)Enact Emergency Appropriation Emergency is defined as "a sudden or unforeseen situation affecting life, health, property, or the public peace or welfare that requires immediate council action", C.C. 6.06 Emergency Ordinances Budget Amendment Resolution - Resolution to appropriate emergency funds is adopted by unanimous affirmative vote by the council C.C. 10.07.2 C.C. 6.06 Budget Amendment Consent 8.)Reduction of Appropriations Report by the mayor of the estimated amount of the deficit Recommendation by the mayor to the city council of steps to be taken - Resolution or other actions deemed necessary by council to prevent or minimize any deficit C.C. 10.07.3 Budget Amendment Consent In order to:Resolution and/or AO Required? CIB Approval?Resolution/AO Action Charter/Code Citation Template Agenda Section 1)Close a completed project with excess balances Administrative Order (Completed by OFS) Periodic Review by CIB Committee - Amend project financing and spending - Transfer excess appropriation to contingency Administrative Code 57.09 (2) City Charter 10.09 - Accomplished projects Budget Amendment Consent 2)Close a completed project with no excess balances (but excess spending authority) Administrative Order (Completed by OFS) Periodic Review by CIB Committee - Amend project financing and spending City Charter 10.09 - Accomplished projects Budget Amendment Consent 3)Close a completed project with no excess balances and no excess spending authority None - Contact OFS with project budget codes to have the project inactivated in the finance system N/A N/A 4)Adding new spending to an existing project (without changing the scope of the project): 4 a ) Financing source is new money CIB Committee Review and Recommendation Mayor recommends via resolution Compliance with the City Comprehensive Plan Public Hearing - Amend spending and financing to recognize new revenue Administrative Code 57.09 (1) City Charter 10.07.1 Budget Amendment or Grants or Gifts and Donations Public Hearing 4 b ) Financing source is contingency (less that $25,000) All proposed uses of contingency must first be reviewed by OFS Transfers within a department require an Administrative Order (Completed by departments. Verified and approved by OFS) A.O.s require Periodic Review by CIB Committee Transfers between departments require a Resolution (Completed by departments. Verified and approved by OFS) - Reduce amount in appropriate contingency fund - Amend project spending and financing to recognize use of contingency Administrative Code 57.09 (3) a City Charter 10.07.4 Budget Amendment Consent CIB Project and Budget Changes Procedures Guide 4 c ) Financing source is contingency (more that $25,000) All proposed uses of contingency must first be reviewed by OFS CIB Committee Review and recommendation Mayor recommends via resolution Public Hearing - Reduce amount in contingency fund ("unallocated reserve account ") - Amend project spending and financing to recognize use of contingency Administrative Code 57.09 (3) b City Charter 10.07.4 Budget Amendment Public Hearing 5) Add a new project OR Expand the scope of an existing project: 5 a ) Financing source is new money CIB Committee Review and Recommendation Mayor recommends via resolution Compliance with the City Comprehensive Plan Public Hearing - Amend spending and financing to recognize new revenue Administrative Code 57.09 (1) City Charter 10.07.1 Budget Amendment or Grants or Gifts and Donations Public Hearing 5 b ) Financing source is contingency All proposed uses of contingency must first be reviewed by OFS CIB Committee Review and recommendation Mayor recommends via resolution Public Hearing - Transfer dollars from contingency to new project - Amend spending and financing to recognize new revenue City Charter 10.07.4 Administrative Code 57.09 (1) Budget Amendment Public Hearing 6)Declare a project abandoned Council Resolution - Identify project as abandoned - Transfer appropriation for the abandoned project to a separate contingency fund ("unallocated reserve account ") - Re-appropriation of the funds needs CIB review, mayor recommendation, and council approval (see either of the "Add dollars to a project" scenarios above) City Charter 10.09 Administrative Code 57.09 (4) Budget Amendment Consent 7)Replace an approved project with a new project 1) Declare an approved project abandoned or completed with excess balances (see process above) 2) Add new project after capital improvement budget is adopted (see process above) - Can accomplish both steps in one resolution Budget Amendment Consent or Public Hearing Departments Affected Budgets General vs. Special Fund Funding Source (Select Department)(Choose CIB or Operating)(Choose General, Special or Capital)(Select Funding Source) Multiple Departments Transfer of Appropriations City Attorney's Office Both Operating and CIB BudgetsGeneral Fund Grant City Council Operating Budget Special Fund Donation Emergency Management CIB Budget Capital Multiple Financial Services Multiple Funds Other Fire and Safety Services General Government Accounts HRA Human Resources HREEO Mayor's Office Parks and Recreation PED Police Department Public Health Public Library Agency Public Works RiverCentre Safety and Inspections Technology and Communications Water Department City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-809 Name:Energy Park Utility Company Conduit Bond Issue Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving a $8,500,000 conduit revenue bond to be issued by the Port Authority to finance the conversion of the Energy Park Utility Company to a 4 pipe system. Sponsors:Russ Stark Indexes: Code sections: Attachments:Financial Analysis for Energy Park Utility Company bonds Port Authority Board Memo.pdf Port Authority Board Resolution.pdf Exhibit A to Port Authority Board Resolution.pdf Action ByDate Action ResultVer. Title Approving a $8,500,000 conduit revenue bond to be issued by the Port Authority to finance the conversion of the Energy Park Utility Company to a 4 pipe system. Body WHEREAS: 1.The Port Authority of the City of Saint Paul (the "Port Authority")has given its approval to the issuance of its Revenue Bonds (Energy Park Utility Company Project)(the "Bonds")in the aggregate principal amount of approximately $8,500,000.The proceeds of the Bonds will be used to finance conversion of the Energy Park Utility system from a two-pipe to a four-pipe system,and to pay other related costs of the financing (the "Project"). 2.Laws of Minnesota 1976,Chapter 234,provides that any issue of revenue bonds authorized by the Port Authority shall be issued only with the consent of the City Council of the City of Saint Paul,by resolution adopted in accordance with law. 3.Approval of the issuance of the proposed Bonds by the City Council may also be required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). 4.To meet the requirements of both state and federal law,the Port Authority has conducted the public hearing required by Section 147(f)of the Code requested that the City Council give its approval to the issuance of the proposed Bonds by the Port Authority,subject to final approval of the details of said Bonds by the Port Authority. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Saint Paul that in accordance with the requirements of Section 147(f)of the Code,and in accordance with Laws of Minnesota 1976,Chapter 234, the City Council hereby approves the issuance of the aforesaid Bonds by the Port Authority for the purposes described in the Port Authority resolution adopted March 27,2012,the exact details of which,including but not limited to,provisions relating to principal amount,maturities,interest rates,discount,redemption,and the City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: RES 12-809, Version: 1 limited to,provisions relating to principal amount,maturities,interest rates,discount,redemption,and the issuance of additional bonds are to be determined by the Port Authority,and the City Council hereby authorizes the issuance of any additional bonds (including refunding bonds)by the Port Authority found by the Port Authority to be necessary for carrying out the purposes for which the aforedescribed Bonds are issued. City of Saint Paul Printed on 5/8/2012Page 2 of 2 powered by Legistar™ City of Saint Paul Financial Analysis Template Instructions Purpose of the Fiscal Analysis Template: Fiscal Analysis Template Tab Budget Reference Tabs Drop Down Menus Tab ● The Drop Down Menus tab (grey tab) is used by OFS only to manage the drop down lists contained in the Financial Analysis template. ● Department staff filling out this form should not attempt to edit this page. ● The Operating Budget Reference and CIB Budget Reference pages (blue tabs) are read-only tabs. They contain guidance on what kind of mayoral and/or council action is required for budget adjustments in both the operating and CIB budgets, and include charter and administrative code citations for these actions. ● If you have questions about what is required to accomplish a particular finance related action, please contact your budget analyst. ● Fill out all of the information in Financial Analysis Template (green tab) of this file. Pop-up windows will appear throughout the file to provide more details on what information is required. ● The top portion of the file, including the fiscal analysis, will need to be filled out for any finance related action, including: - Grants: applying for, accepting and budgeting - Donations: soliciting, accepting, and budgeting - Budget amendments (both resolutions and administrative orders) - Other action with a financial impact ● If the action includes either a CIB or Operating Budget Amendment, the detail accounting codes section must also be filled out. ● If you have further questions, please contact your budget analyst. ● The purpose of this template is to standardize the information accompanying financial resolutions that come before the Mayor and City Council. This form will be required to be submitted as an attachment to all resolutions and administrative orders that contain budget changes, are related to grants or donations, or otherwise impact the city's finances. ● Resolutions and administrative orders without this information will not be approved by OFS, and will be returned to the drafter. City of Saint Paul Financial Analysis 1 File ID Number:12-809 2 3 Budget Affected:Port Authority 4 5 Total Amount of Transaction:8,500,000 6 7 Funding Source:Other Please Specify:Bond Proceeds 8 9 Charter Citation:City Charter 6.07 and Minn Stat. Sec. 49.084 10 11 12 Fiscal Analysis 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Request for the City Council approval of a conduit revenue bond to be issued by the Port Authority to finance the conversion of the Energy Park Utility Company to a 4 pipe system. As conduit revenue bonds, they will not have a general obligation of the Port Authority, the City of St. Paul or any other political subdivision and are not payable form any taxing source. The bonds are approximately $8.5 million and will have a 25 year term. Interest rate to be established at the time of the issuance of the bonds. This action will have no impact on the City budget or operating results. In order to: Resolution, A.O., or Other Documentation Required? Resolution/AO Action Charter/Code Citation Template Agenda Section 1.)Recognize additional/unanticipated revenues (Ex. Outperforming revenues, outside donations, etc) Budget Amendment Resolution and Public Hearing - Mayor certifies that there are available for appropriation total revenues in excess of those estimated in the budget - Amend spending and financing to recognize new revenue in the appropriate company and activity C.C. 10.07.1 Budget Amendment or Gifts and Donations Public Hearing 2.)Accept a Grant a.) No Budget Previously Establish for the Grant Award Letter and/or Grant Agreement Budget Amendment Resolution and Public Hearing - Mayor certifies that there are available for appropriation total revenues in excess of those estimated in the budget - Amend spending and financing to recognize the grant in the appropriate company and activity C.C. 10.07.1 Admin 41.03 Grants Public Hearing b.) Previously Established Grant Budget Award Letter and/or Grant Agreement Resolution Accepting the Grant Funds (No public hearing needed) - Accept the awarded grant funds - Include in the resolution that the grant funds were anticipated in the current year's budget Grants Consent 3.)Transfer Appropriations within Departments: a.) Within the same Fund (Lawson Company)A.O.- Mayor may transfer any unencumbered appropriation balances within a department - Administrative order is prepared to execute the transfer C.C. 10.07.4 Budget Amendment Consent b.) Between Funds (Lawson Companies)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between companies - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent Operating Budget Changes Procedures Guide In order to: Resolution, A.O., or Other Documentation Required? Resolution/AO Action Charter/Code Citation Template Agenda Section Operating Budget Changes Procedures Guide 4.)Transfer Appropriations between Departments a.) Within the same Fund (Lawson Company)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between departments - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent b.) Between Funds (Lawson Companies)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between departments - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent 6.) Allow appropriations to lapse (non-capital improvement dollars) For Lapse of appropriations - Capital improvements see City Charter 10.09. For guidance on budget change procedures for accomplished or abandoned projects, see the CIB Project and Budget Changes Procedures Guide, numbers 1, 2, and 6. None - No action required. -All non-encumbered appropriations will fall to fund balance at the end of the fiscal year. - All encumbered appropriations will be re- appropriated in the following fiscal year's budget for the same purposes C.C. 10.08 N/A N/A 7.)Enact Emergency Appropriation Emergency is defined as "a sudden or unforeseen situation affecting life, health, property, or the public peace or welfare that requires immediate council action", C.C. 6.06 Emergency Ordinances Budget Amendment Resolution - Resolution to appropriate emergency funds is adopted by unanimous affirmative vote by the council C.C. 10.07.2 C.C. 6.06 Budget Amendment Consent 8.)Reduction of Appropriations Report by the mayor of the estimated amount of the deficit Recommendation by the mayor to the city council of steps to be taken - Resolution or other actions deemed necessary by council to prevent or minimize any deficit C.C. 10.07.3 Budget Amendment Consent In order to:Resolution and/or AO Required? CIB Approval?Resolution/AO Action Charter/Code Citation Template Agenda Section 1)Close a completed project with excess balances Administrative Order (Completed by OFS) Periodic Review by CIB Committee - Amend project financing and spending - Transfer excess appropriation to contingency Administrative Code 57.09 (2) City Charter 10.09 - Accomplished projects Budget Amendment Consent 2)Close a completed project with no excess balances (but excess spending authority) Administrative Order (Completed by OFS) Periodic Review by CIB Committee - Amend project financing and spending City Charter 10.09 - Accomplished projects Budget Amendment Consent 3)Close a completed project with no excess balances and no excess spending authority None - Contact OFS with project budget codes to have the project inactivated in the finance system N/A N/A 4)Adding new spending to an existing project (without changing the scope of the project): 4 a ) Financing source is new money CIB Committee Review and Recommendation Mayor recommends via resolution Compliance with the City Comprehensive Plan Public Hearing - Amend spending and financing to recognize new revenue Administrative Code 57.09 (1) City Charter 10.07.1 Budget Amendment or Grants or Gifts and Donations Public Hearing 4 b ) Financing source is contingency (less that $25,000) All proposed uses of contingency must first be reviewed by OFS Transfers within a department require an Administrative Order (Completed by departments. Verified and approved by OFS) A.O.s require Periodic Review by CIB Committee Transfers between departments require a Resolution (Completed by departments. Verified and approved by OFS) - Reduce amount in appropriate contingency fund - Amend project spending and financing to recognize use of contingency Administrative Code 57.09 (3) a City Charter 10.07.4 Budget Amendment Consent CIB Project and Budget Changes Procedures Guide 4 c ) Financing source is contingency (more that $25,000) All proposed uses of contingency must first be reviewed by OFS CIB Committee Review and recommendation Mayor recommends via resolution Public Hearing - Reduce amount in contingency fund ("unallocated reserve account ") - Amend project spending and financing to recognize use of contingency Administrative Code 57.09 (3) b City Charter 10.07.4 Budget Amendment Public Hearing 5) Add a new project OR Expand the scope of an existing project: 5 a ) Financing source is new money CIB Committee Review and Recommendation Mayor recommends via resolution Compliance with the City Comprehensive Plan Public Hearing - Amend spending and financing to recognize new revenue Administrative Code 57.09 (1) City Charter 10.07.1 Budget Amendment or Grants or Gifts and Donations Public Hearing 5 b ) Financing source is contingency All proposed uses of contingency must first be reviewed by OFS CIB Committee Review and recommendation Mayor recommends via resolution Public Hearing - Transfer dollars from contingency to new project - Amend spending and financing to recognize new revenue City Charter 10.07.4 Administrative Code 57.09 (1) Budget Amendment Public Hearing 6)Declare a project abandoned Council Resolution - Identify project as abandoned - Transfer appropriation for the abandoned project to a separate contingency fund ("unallocated reserve account ") - Re-appropriation of the funds needs CIB review, mayor recommendation, and council approval (see either of the "Add dollars to a project" scenarios above) City Charter 10.09 Administrative Code 57.09 (4) Budget Amendment Consent 7)Replace an approved project with a new project 1) Declare an approved project abandoned or completed with excess balances (see process above) 2) Add new project after capital improvement budget is adopted (see process above) - Can accomplish both steps in one resolution Budget Amendment Consent or Public Hearing Departments Affected Budgets General vs. Special Fund Funding Source (Select Department)(Choose CIB or Operating)(Choose General, Special or Capital)(Select Funding Source) Multiple Departments Transfer of Appropriations City Attorney's Office Both Operating and CIB BudgetsGeneral Fund Grant City Council Operating Budget Special Fund Donation Emergency Management CIB Budget Capital Multiple Financial Services Multiple Funds Other Fire and Safety Services General Government Accounts HRA Human Resources HREEO Mayor's Office Parks and Recreation PED Police Department Public Health Public Library Agency Public Works RiverCentre Safety and Inspections Technology and Communications Water Department City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-818 Name:Accepting the donation of air fare expenses from Delta Airlines and conference registration expenses from the City of New Orleans and the US Conference of Mayors for Mayor Chris Coleman and Joe Spencer to attend the "World Culture Economic Forum" conferen Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Accepting the donation of air fare expenses from Delta Airlines and conference registration expenses from the City of New Orleans and the US Conference of Mayors for Mayor Chris Coleman and Joe Spencer to attend the "World Culture Economic Forum" conference in New Orleans May 2 - 6, 2012. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:RES 12-818 Mayor and Joe Spencer to New Orleans May 2012.pdf Action ByDate Action ResultVer. Title Accepting the donation of air fare expenses from Delta Airlines and conference registration expenses from the City of New Orleans and the US Conference of Mayors for Mayor Chris Coleman and Joe Spencer to attend the "World Culture Economic Forum" conference in New Orleans May 2 - 6, 2012. Body WHEREAS, the US Conference of Mayors and the City of New Orleans is leading an important conference to exchange ideas and best practices between elected city officials and other leaders from around the world; and WHEREAS, Mayor Coleman has been invited to present at this conference as a recognized leader in leveraging economic development with cultural and creative sector strategies; and WHEREAS, the Conference has offered to cover all registration costs for Mayor Coleman and the Director of Arts and Culture, Joe Spencer in an amount not to exceed $1,200; and WHEREAS, Delta Airlines, through its partnership with Visit Saint Paul, has offered to pay the air fare to the conference in an amount not to exceed $1,600; and WHEREAS, the Council finds that there is a public purpose for Mayor Coleman and Joe Spencer in attending this conference to learn about best practices from other civic and artistic leaders from around the world in order to improve the cultural vibrancy of our own communities; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby accepts the gift of travel expenses and conference fees for Mayor Chris Coleman and Mayor staff Joe Spencer to attend the "World Culture Economic Forum" in New Orleans, LA, and thanks Visit Saint Paul, Delta Airlines, the US Conference of Mayors, and the City of New Orleans for their generous contributions. City of Saint Paul Printed on 5/8/2012Page 1 of 1 powered by Legistar™ City of Saint Paul Financial Analysis 1File ID Number:RES 12-818 2 3Budget Affected: Mayor's Office 4 5Total Amount of Transaction:2,800 6 7Funding Source:Donation 8 9Charter Citation:Admin Code 41.03 10 11 12Fiscal Analysis 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The US Conference of Mayors, Delta Airlines, and Visit Saint Paul has offered to cover all registration costs for Mayor Coleman and the Director of Arts and Culture, Joe Spencer as a cost not to exceed $1,200 and air fare to the conference at no more than $1,600, for a total of accepting travel gifts not to exceed $2,800. No funds will enter or impact the budget. City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-819 Name:Accepting the gift from the National League of Cities, of travel, food expenses, air fare, ground transportation and lodging for Mayor staff Education Policy Director Jane Eastwood to attend an education conference in Memphis, Tennessee from May 14 throug Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Accepting the gift from the National League of Cities, of travel, food expenses, air fare, ground transportation and lodging for Mayor staff Education Policy Director Jane Eastwood to attend an education conference in Memphis, Tennessee from May 14 through May 17, 2012. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:RES 12-819 - Financial Analysis - Jane Eastwood Memphis Trip May 2012 Gift Acceptance.pdf Action ByDate Action ResultVer. Title Accepting the gift from the National League of Cities, of travel, food expenses, air fare, ground transportation and lodging for Mayor staff Education Policy Director Jane Eastwood to attend an education conference in Memphis, Tennessee from May 14 through May 17, 2012. Body WHEREAS, the Post-Secondary Advisors Network (PSCAN) and the Educational Policy Advisors Network (EPAN) of the National League of Cities has convened consecutive meetings and invited Mayor's office staff member, Jane Eastwood, to participate; and WHEREAS, the PSCAN networks will meet on May 14 through May 17, 2012 in Memphis, TN; and WHEREAS, the National League of Cities has offered to pay for the flight, transportation, hotel and meal accommodations to enable Jane Eastwood to participate in the meeting; and WHREAS, the National League of Cities has offered to directly pay for transportation not to exceed $600, meals not to exceed $255, and hotel acommodations for no more than $169 per night for three nights ($507 total), and transportation from the airport not to exceed $50 for a total cost not to exceed $1,412; and WHEREAS, the City Council finds that attendance at the meeting will fulfill a public purpose by giving the Mayor's staff the opportunity to meet with representatives of cities throughout the country and discuss strategies for encouraging innovation in education policy; now, therefore, be it RESOLVED that the City Council accepts the gift of airfare/ground transportation/baggage at a cost not to exceed $600, as well as 7 meals plus breaks, not to exceed $255 as well as hotel accommodations for three nights not to exceed $169 per night (paid directly by NLC) and airport transportation not to exceed $50 for City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: RES 12-819, Version: 1 Jane Eastwood, and thanks the National League of Cities for their generous donation. City of Saint Paul Printed on 5/8/2012Page 2 of 2 powered by Legistar™ City of Saint Paul Financial Analysis 1File ID Number:RES 12-819 2 3Budget Affected: Mayor's Office 4 5Total Amount of Transaction:1,412 6 7Funding Source:Donation 8 9Charter Citation:Admin Code 41.03 10 11 12Fiscal Analysis 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The National League of Cities has offered to directly pay for transportation not to exceed $600, meals not to exceed $255, and hotel accommodations for no more than $169 per night for three nights ($507 total), and transportation from the airport not to exceed $50 for a total cost not to exceed $1,412; and No budget is affected. City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-821 Name:Approve food expenses for Public Works Department Training Day Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving food expenses for Public Works Department Training Day. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Approving food expenses for Public Works Department Training Day. Body Whereas, the City of Saint Paul and the Department of Public Works are proud of its employees, and encourages further training and education opportunities for them. The Public Works Department is hosting a training event on Wednesday, May 30, 2012 at Circus Juventas and the Highland Picnic Pavilion in Highland Park, and; Whereas, morning refreshments and lunch will be provided for the approximately 300 employees and will be prepared and served by staff with the cost not to exceed $1,000.00, Now, therefore, be it resolved, that the proper City officials are hereby authorized to pay food expenses incurred for this event. Total cost will not exceed $1,000.00, which will be disbursed from funding code 255- 12321-0289. City of Saint Paul Printed on 5/8/2012Page 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 12-824 Name:2012 Annual City Employee Cookout resolution Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Acknowledging a public purpose for the Annual City Employee Cookout and granting permission to the City Employee Cookout Committee to spend city funds and solicit for and accept donations on behalf of the City for the cookout to be held on August 16, 2012. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:2012 Employe Cookout Financial Analysis.pdf Action ByDate Action ResultVer. Title Acknowledging a public purpose for the Annual City Employee Cookout and granting permission to the City Employee Cookout Committee to spend city funds and solicit for and accept donations on behalf of the City for the cookout to be held on August 16, 2012. Body WHEREAS,The City of Saint Paul and the Mayor of Saint Paul deem it an appropriate public purpose to recognize city employees for their commitment and dedication to public service through an Annual City Employee Cookout; and WHEREAS,The City Council and the Mayor are desirous of recognizing city employee efforts,dedication,and service commitment believing that it promotes positive employee morale and results in excellent public and customer service for Saint Paul citizens and finds that it is in the public interest to do so; and WHEREAS,The City Employee Cookout Committee is preparing for the Annual City Employee Cookout to be held the evening of Thursday,August 16,2012,at the Como Park -East Picnic Pavilions and requires authorization to spend city funds; and WHEREAS,in the past,local businesses and unions have contributed funds,goods and/or services to help defray the cost of the cookout itself; therefore, be it RESOLVED,the City Employee Cookout Committee is hereby authorized to make any expenditure,not to exceed $6,500.00,to fund the cookout,and shall provide itemization of such expenditures to be approved in a future resolution; and be it FURTHER RESOLVED,that the Mayor and the Saint Paul City Council hereby authorizes members of the Cookout Committee to act on behalf of the City to solicit and request donations from local businesses,unions and others to help defray the costs of the Annual City Employee Cookout to be held on Thursday,August 16, 2012; and be it FINALLY RESOLVED,that a list of such donations,with the name of the donor and estimated value of the donation,shall be kept and included in a future resolution accepting the donation in compliance with all the City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: RES 12-824, Version: 1 donation,shall be kept and included in a future resolution accepting the donation in compliance with all the requirements of Chapter 41 of the Administrative Code. City of Saint Paul Printed on 5/8/2012Page 2 of 2 powered by Legistar™ City of Saint Paul Financial Analysis Template Instructions Purpose of the Fiscal Analysis Template: Fiscal Analysis Template Tab Budget Reference Tabs Drop Down Menus Tab ● The Drop Down Menus tab (grey tab) is used by OFS only to manage the drop down lists contained in the Financial Analysis template. ● Department staff filling out this form should not attempt to edit this page. ● The Operating Budget Reference and CIB Budget Reference pages (blue tabs) are read-only tabs. They contain guidance on what kind of mayoral and/or council action is required for budget adjustments in both the operating and CIB budgets, and include charter and administrative code citations for these actions. ● If you have questions about what is required to accomplish a particular finance related action, please contact your budget analyst. ● Fill out all of the information in Financial Analysis Template (green tab) of this file. Pop-up windows will appear throughout the file to provide more details on what information is required. ● The top portion of the file, including the fiscal analysis, will need to be filled out for any finance related action, including: - Grants: applying for, accepting and budgeting - Donations: soliciting, accepting, and budgeting - Budget amendments (both resolutions and administrative orders) - Other action with a financial impact ● If the action includes either a CIB or Operating Budget Amendment, the detail accounting codes section must also be filled out. ● If you have further questions, please contact your budget analyst. ● The purpose of this template is to standardize the information accompanying financial resolutions that come before the Mayor and City Council. This form will be required to be submitted as an attachment to all resolutions that contain budget changes, related to grants or donations, or otherwise impact the city's finances. ● Resolutions without this information will not be approved by OFS, and will be returned to the drafter. City of Saint Paul Financial Analysis 1 File ID Number:RES #12-824 2 3 Budget Affected:Operating Budget Human Resources 4 5 Total Amount of Transaction:$6,500.00 6 7 Funding Source:Other Please Specify: 8 001-00165-0219 9 Charter Citation:City Charter 1.03 and 1.04, Administrative Code 41.03 and 41.04 10 11 12 Fiscal Analysis 13 14 15 16 17 1 2 3 4 5 6 The City Employee Cookout is funded primarily with the approved City contribution of $6,500.00 and donations from local merchants employee unions and city departments. This resolution establishes a public purpose for the employee cookout. The Department of Human Resources has $6,500.00 of spending anticipated for the employee cookout in the 2012 budget. Outside donations will be recognized in a later resolution. In order to: Resolution, A.O., or Other Documentation Required? Resolution/AO Action Charter/Code Citation Template Agenda Section 1.)Recognize additional/unanticipated revenues (Ex. Outperforming revenues, outside donations, etc) Budget Amendment Resolution and Public Hearing - Mayor certifies that there are available for appropriation total revenues in excess of those estimated in the budget - Amend spending and financing to recognize new revenue in the appropriate company and activity C.C. 10.07.1 Budget Amendment or Gifts and Donations Public Hearing 2.)Accept a Grant a.) No Budget Previously Establish for the Grant Award Letter and/or Grant Agreement Budget Amendment Resolution and Public Hearing - Mayor certifies that there are available for appropriation total revenues in excess of those estimated in the budget - Amend spending and financing to recognize the grant in the appropriate company and activity C.C. 10.07.1 Admin 41.03 Grants Public Hearing b.) Previously Established Grant Budget Award Letter and/or Grant Agreement Resolution Accepting the Grant Funds (No public hearing needed) - Accept the awarded grant funds - Include in the resolution that the grant funds were anticipated in the current year's budget Grants Consent 3.)Transfer Appropriations within Departments: a.) Within the same Fund (Lawson Company)A.O.- Mayor may transfer any unencumbered appropriation balances within a department - Administrative order is prepared to execute the transfer C.C. 10.07.4 Budget Amendment Consent b.) Between Funds (Lawson Companies)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between companies - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent Operating Budget Changes Procedures Guide In order to: Resolution, A.O., or Other Documentation Required? Resolution/AO Action Charter/Code Citation Template Agenda Section Operating Budget Changes Procedures Guide 4.)Transfer Appropriations between Departments a.) Within the same Fund (Lawson Company)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between departments - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent b.) Between Funds (Lawson Companies)Budget Amendment Resolution - Mayor recommends and council approves through resolution to transfer appropriations between departments - Amend spending and financing to recognize transfer C.C. 10.07.4 Budget Amendment Consent 6.) Allow appropriations to lapse (non-capital improvement dollars) For Lapse of appropriations - Capital improvements see City Charter 10.09. For guidance on budget change procedures for accomplished or abandoned projects, see the CIB Project and Budget Changes Procedures Guide, numbers 1, 2, and 6. None - No action required. -All non-encumbered appropriations will fall to fund balance at the end of the fiscal year. - All encumbered appropriations will be re- appropriated in the following fiscal year's budget for the same purposes C.C. 10.08 N/A N/A 7.)Enact Emergency Appropriation Emergency is defined as "a sudden or unforeseen situation affecting life, health, property, or the public peace or welfare that requires immediate council action", C.C. 6.06 Emergency Ordinances Budget Amendment Resolution - Resolution to appropriate emergency funds is adopted by unanimous affirmative vote by the council C.C. 10.07.2 C.C. 6.06 Budget Amendment Consent 8.)Reduction of Appropriations Report by the mayor of the estimated amount of the deficit Recommendation by the mayor to the city council of steps to be taken - Resolution or other actions deemed necessary by council to prevent or minimize any deficit C.C. 10.07.3 Budget Amendment Consent In order to:Resolution and/or AO Required? CIB Approval?Resolution/AO Action Charter/Code Citation Template Agenda Section 1)Close a completed project with excess balances Administrative Order (Completed by OFS) Periodic Review by CIB Committee - Amend project financing and spending - Transfer excess appropriation to contingency Administrative Code 57.09 (2) City Charter 10.09 - Accomplished projects Budget Amendment Consent 2)Close a completed project with no excess balances (but excess spending authority) Administrative Order (Completed by OFS) Periodic Review by CIB Committee - Amend project financing and spending City Charter 10.09 - Accomplished projects Budget Amendment Consent 3)Close a completed project with no excess balances and no excess spending authority None - Contact OFS with project budget codes to have the project inactivated in the finance system N/A N/A 4)Adding new spending to an existing project (without changing the scope of the project): 4 a ) Financing source is new money CIB Committee Review and Recommendation Mayor recommends via resolution Compliance with the City Comprehensive Plan Public Hearing - Amend spending and financing to recognize new revenue Administrative Code 57.09 (1) City Charter 10.07.1 Budget Amendment or Grants or Gifts and Donations Public Hearing 4 b ) Financing source is contingency (less that $25,000) All proposed uses of contingency must first be reviewed by OFS Transfers within a department require an Administrative Order (Completed by departments. Verified and approved by OFS) A.O.s require Periodic Review by CIB Committee Transfers between departments require a Resolution (Completed by departments. Verified and approved by OFS) - Reduce amount in appropriate contingency fund - Amend project spending and financing to recognize use of contingency Administrative Code 57.09 (3) a City Charter 10.07.4 Budget Amendment Consent CIB Project and Budget Changes Procedures Guide 4 c ) Financing source is contingency (more that $25,000) All proposed uses of contingency must first be reviewed by OFS CIB Committee Review and recommendation Mayor recommends via resolution Public Hearing - Reduce amount in contingency fund ("unallocated reserve account ") - Amend project spending and financing to recognize use of contingency Administrative Code 57.09 (3) b City Charter 10.07.4 Budget Amendment Public Hearing 5) Add a new project OR Expand the scope of an existing project: 5 a ) Financing source is new money CIB Committee Review and Recommendation Mayor recommends via resolution Compliance with the City Comprehensive Plan Public Hearing - Amend spending and financing to recognize new revenue Administrative Code 57.09 (1) City Charter 10.07.1 Budget Amendment or Grants or Gifts and Donations Public Hearing 5 b ) Financing source is contingency All proposed uses of contingency must first be reviewed by OFS CIB Committee Review and recommendation Mayor recommends via resolution Public Hearing - Transfer dollars from contingency to new project - Amend spending and financing to recognize new revenue City Charter 10.07.4 Administrative Code 57.09 (1) Budget Amendment Public Hearing 6)Declare a project abandoned Council Resolution - Identify project as abandoned - Transfer appropriation for the abandoned project to a separate contingency fund ("unallocated reserve account ") - Re-appropriation of the funds needs CIB review, mayor recommendation, and council approval (see either of the "Add dollars to a project" scenarios above) City Charter 10.09 Administrative Code 57.09 (4) Budget Amendment Consent 7)Replace an approved project with a new project 1) Declare an approved project abandoned or completed with excess balances (see process above) 2) Add new project after capital improvement budget is adopted (see process above) - Can accomplish both steps in one resolution Budget Amendment Consent or Public Hearing Departments Affected Budgets General vs. Special Fund Funding Source (Select Department)(Choose CIB or Operating)(Choose General, Special or Capital)(Select Funding Source) Multiple Departments Transfer of Appropriations City Attorney's Office Both Operating and CIB BudgetsGeneral Fund Grant City Council Operating Budget Special Fund Donation Emergency Management CIB Budget Capital Multiple Financial Services Multiple Funds Other Fire and Safety Services General Government Accounts HRA Human Resources HREEO Mayor's Office Parks and Recreation PED Police Department Public Health Public Library Agency Public Works RiverCentre Safety and Inspections Technology and Communications Water Department City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-833 Name:MWMO JPA Amendment Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Amending the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:MWMO Joint_&_Cooperative_Agt.pdf Action ByDate Action ResultVer. Title Amending the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization. Body WHEREAS, the City of Saint Paul is party to a joint powers agreement, effective 2011, entitled "Joint and Cooperative Agreement for the Mississippi Watershed Management Organization"; and WHEREAS, the joint powers agreement provided for the establishment of the Mississippi Watershed Management Organization, a watershed management organization pursuant to and in accordance with the Metropolitan Surface Water Management Act, Minn. Stat. 103B, and Minn. Stat. 471.59; and WHEREAS, it has been and is the intent of the City that the Mississippi Watershed Management Organization continue to act as a watershed management organization for the watershed and will continue to do so in the future; and WHEREAS, the City has been presented with a proposed amendment to the joint powers agreement, which adds the cities of Columbia Heights, Fridley and Hilltop into the Mississippi Watershed Management Organization. Now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby approves the aforesaid amendment and authorizes the proper City officials to execute, on behalf of the City of Saint Paul, the amended "Joint and Cooperative Agreement for the Mississippi Watershed Management Organization." City of Saint Paul Printed on 5/8/2012Page 1 of 1 powered by Legistar™ 247575 CLL MD160 -1 Joint and Cooperative Agreement for the Mississippi Watershed Management Organization __________________________________________________ City of Columbia Heights City of Fridley City of Hilltop City of Lauderdale City of Minneapolis City of St. Anthony Village City of Saint Paul Minneapolis Park and Recreation Board __________________________________________________ ___________ 2012 247575 CLL MD160 -1 Table of Contents Page Membership 1 Article I Legal Purpose 2 Article II Definitions 3 Article III Board of Commissioners 5 Article IV Powers and Duties of the Board of Commissioners 7 Article V Budget and Financial Matters 11 Article VI Capital Projects 13 Article VII Duration 15 Article VIII Dissolution 1 6 Article IX Amendments 17 Article X Effective Date 18 Member Authorization 19 Legal Description Appendix A Watershed Boundaries Appendix B 247575 CLL MD160 -1 1 Membership This Agreement entered into as of the date of execution by and among the following: Cities of Columbia Heights Fridley Hilltop Lauderdale Minneapolis Saint Anthony Village Saint Paul, and the Minneapolis Park and Recreation Board for the establishment of a Watershed Management Organization. The aforementioned cities and the Minneapolis Park and Recreatio n Board shall hereinafter be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly and cooperatively by agreement exercise powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B.201 to 103B.253 and WHEREAS, the Members desire to plan a comprehensive water management program in accordance with Minnesota Statutes, Sections 103B.201 to 103B.253; NOW THEREFORE, the parties to this Agreement do mutually agree as follows: 247575 CLL MD160 -1 2 Article I Legal Purpose The purpose of this Joint and Cooperative Agreement for the Mississippi Watershed Management Organization is to replace the Joint Powers Agreement for the Middle Mississippi River Watershed Management Organization executed in 1985, the Joint and Cooperative Agreement for the Middle Mississippi River Watershed Management Organization of January 19 97, the Joint and Cooperative Agreement for the Mississippi Watershed Manageme nt Organization of January 2002, and the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization of May 2011. The purpose of the Mississippi Watershed Management Organization, as provided for in this Agreement, is to provide for the wise, long-term management of water and associated land resources within the watershed through implementation measures that realize multiple objectives, respect ecosystem principles, and cultural and historical community values. The Mississippi Watershed Management Organization seeks to: (a) protect, e nhance, and restore the quality and quantity of surface and ground water resources within the Mississippi Watershed Management Organization jurisdiction; (b) protect, preserve, and use natural surface and ground water storage and retention systems; (c) efficiently utilize public capital expenditures needed to correct and control flooding and water quality problems; (d) identify and plan for means to use protect and improve surface and ground water quality; (e) establish more uniform local policies and offic ial controls for surface and ground water management; (f) promote ground water recharge; (g) protect and enhance fish and wildlife habitat and water recreation opportunities; (h) secure the other benefits associated with the proper management of surface an d ground water; and (i) promote and encourage cooperation among Members and among other organizations in coordinating local comprehensive water management programs. A legal description and map, Appendix A and Appendix B of this Agreement, respectively, of the boundaries of the Mississippi Watershed Management Organization are included pursuant to Minnesota Rules 8410.0030, Subpart 1.B. 247575 CLL MD160 -1 3 Article II Definitions For the purpose of this Agreement, the terms used herein shall have the meanings defined in this article. Subdivision 1: “Organization” means the Mississippi Watershed Management Organization. Subdivision 2: “Commission” means the governing body of the Organization and shall consist of a Commissioner or Alternate from each of its Members. Subdivision 3: “Commissioner” means any person appointed to the Commission by each Member’s governing body, or in the Commissioner’s absence, the Alternate. Subdivision 4: “Alternate” means any person appointed to the Commission by each Member’s governing body to represent the Member in the absence of the Commissioner. Subdivision 5: “Council” means the governing body of a Member. In the case of municipalities, this shall be the elected officials responsible for governing the city and for Minneapolis Park & Recreation Board, its Board of Commissioners. Subdivision 6: “Member” or “Member Community” means any city, county, or special purpose government entity within the watershed that enters into this Agreement. Subdivision 7: “Agreement” means this Agreement. Subdivision 8: “Plan” means the Watershed Management Plan adopted by the Mississippi Watershed Management Organization. Subdivision 9: “Watershed” means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped 247575 CLL MD160 -1 4 areas reasonably demonstrated on the map identified as Appendix B, as defined within the legal description identified in Appendix A. Subdivision 10: “Act” means the Metropolitan Surface Water Management Act as found in Minnesota Statutes, Sections 103B.201 to 103B.253. Subdivision 11: “Budget” means a statement of the expected income and expenses of the Organization for each Year. The Commission may divide the Budget into an Administrative Budget, covering staff salary and benefits, Commission expenses, rent, office expenses and other administrative expenses, and a Programs and Projects Budget , covering the programs and projects of the Organization, including capital projects . Subdivision 12: “Capit al Improvement Project” means a physical improvement project required by the Act to be included in the capital improvements program of the Plan. Subdivision 13: “Majority” means greater than half of the quorum. Subdivision 14: “Subwatershed” means a smaller geographic section of a larger watershed unit with a drainage area the boundaries of which include all the land area draining to a point. Subdivision 15: “Year” means from January 1 to December 31. Subdivision 16: “Quorum” means the number of Commissioners or Alternates required to be present for business to be legally transacted. This number shall be any number that is greater than half of the Members. Any number less than a quorum may adjourn a scheduled meeting. Subdivisoin 17: “Executive Director ” means the Organization’s administrator appointed by the Commission. 247575 CLL MD160 -1 5 Article III Board of Commissioners Subdivision 1: The governing body of the Organization shall be its Commission , which shall consist of seven (7) voting Commissioners. Each Commission er shall have one vote. All appointments to the Commission shall be in acc ordance with Minnesota Statutes, Section 103B.227. The Board of Water and Soil Resources shall be notified of all appointments and vacancies of the Commission within 30 days. All vac ancies shall be filled within ninety (90) days after they occur. Notices of all vacancies and appointments shall be published in a legal publication of the Members community appointing the Commissioner at least fifteen (15) days prior to the appointment. V acancies shall be filled for the remainde r of the term by the Council that appointed or had the righ t to appoint the Commissioner. With the exception of the City of Hilltop, the Council of each Member shall appoint one (1) Commissioner to represent the Mem ber to the Commission. The Council of the City of Columbia Heights, after consultation with the Council of the City of Hilltop, will appoint one (1) Commissioner to represent the Cities of Columbia Heights and Hilltop. Each Commissioner shall serve until h is or her successor is appointed. Subdivision 2: A Commissioner may not be removed from the Commission except for just cause by the Council that made the appointment. Subdivision 3: Member Councils may select and appoint alternates to the Commission in t he same manner as Commission ers. In the absence of a Member’s Commissioner, the designated Alternate may vote and act in the Commissioner's place. The Alternate shall serve a term concurrent with the Member’s Commissioner. Subdivision 4: Each Member’s Council shall, within thirty (30) days of appointment, file with the Executive Director of the Commission a record of the appointment of its Commissioner and Alternate. The Organization shall notify the Board of Water and Soil Resources of Member appointments and vacancies within thirty (30) days after receiving notice from the Member. 247575 CLL MD160 -1 6 Subdivision 5: In accordance with Minnesota Statutes, Section 103B.227, t he Council of each Member shall determine the eligibility and qualifications of its Commissioner an d Alternate. However, the term of each Commissioner shall be the calendar year. Subdivision 6: Regular meetings shall be held by the Commission periodically at the time and place determined by the Commission pursuant to open meeting law, Minnesota Statutes, Chapter 13D. Subdivision 7: At the first meeting of the Commission and each calendar year thereafter, the Commission shall elect from its Members a chairperson, a vice chairperson, a treasurer, a secretary, and such other officers as it deems necessary to conduct its meetings and affairs. Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the conduct of its meetings. Such rules may be amended at either a regular or special meeting of the Commission provided that a ten (10) day prior notice of the proposed amendment has been furnished to each Commissioner and Alternate to whom notice of meetings is required to be sent. Subdivision 9: The Commission may create such committees, task forces or working groups as needed to accomp lish its mission. Subdivision 10: The commission may set such compensation for its Commissioners as it deems appropriate, provided such compensation does not exceed the compensation allowed for managers of watershed districts under Minnesota Statutes, Sec tion 103D.315, subd. 8. However, no member’s Council is prevented from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such governmental unit and by law. 247575 CLL MD160 -1 7 Article IV Powers and Duties of the Board of Commissioners Subdivision 1: The Commission shall employ an Executive Director and may delegate to the Executive Director any power or authority that may be delegated to a city manager in a Minnesota Plan B statutory city. The Commission shall employ such other persons as it deems necessary to accomplish its duties and powers. The Commission may hire staff on a full time, part time or consulting basis. The Commission may also incur expenses and expenditures necessary and incidental to the effectuation and/or implementation of its purposes and powers. Subdivision 2: In order for the Commission to conduct business, a quorum must be present. Decisions by the Commission require a majority vote of the quorum present. Subdivision 3: The Commission sh all have an established Citizen Advisory Committee and Technical Advisory Committee to provide input and to serve in an advisory role. Subdivision 4: The Commission shall review and approve a Local Water Management Plan for each of its Member Communities as established under Minnesota Statutes, Chapter 103B. Subdivision 5: The Commission may acquire, operate, construct, and maintain capital improvement projects delineated in the Watershed Management Organization Watershed Management Plan for the protection, enhancement, and improvement of the watershed. Subdivision 6: The Commission shall make a reasonable attempt to assess the compatibility of proposed capital improvement projects with other existing policies, programs, and projects within the MWMO and across its boundaries. In particular, compatibility with neighborhood association and community council plans in the project area should be considered. An informal review should occur at least two months before the capital improvement project proposal is a pproved in the MWMO budget. 247575 CLL MD160 -1 8 Subdivision 7: The Commission shall develop a comprehensive Watershed Management Plan to meet the requirements of Minnesota Statutes, Chapter 103B. The plan shall establish comprehensive goals and policies for the protection, enhancement, and improvement of the watershed, and shall establish specific implementation strategies to realize these goals and policies. Subdivision 8: The Commission shall have the power to contract with any governmental unit, private or nonprofit association to accomplish the purposes for which it is organized. Subdivision 9: The Commission has the authority to apply for, accept, and use grants, loans, money or other property from the United States, the State of Minnesota, a unit of government or any person or entity for the Organization. The Organization may use and dispose of such money or property for any expenses/fees, policies, goals, capital improvement projects, or any use the Organization deems necessary to pursue its goals and policies. Subdivision 10: The Commission may establish and maintain devices for acquiring and recording hydrologic and water quality data within the watershed. Subdivision 11: The Commission may contract for, or purchase such insurance, as they deem necessary for the protection of the Organization. Subdivision 12: The Commission shall have the authority to invite governmental entities within the area of the watershed to join the Organization. Furthermore, any governmental entities within the area of the watershed may petition for membership in the Organization. The addition of new Members shall require a majority vote of the Commission and appropriate resolution by current Member Councils. The effective date shall be the date of filing by the last Council resolution approving the addition. As Members are added to the Organization, there shall be c reated one voting Commissioner. Subdivision 13: The Commission has the authority to contract for the space, equipment, and supplies to carry on its activities either with an indi vidual Member or elsewhere. 247575 CLL MD160 -1 9 Subdivision 14: The Commission may investigate on its own initiative or upon petition of any Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a finding that the watershed is being polluted, the Commission may take appropriate action to alleviate the pollution including recommending enforcement and other regulatory actions to the appropriate jurisdiction. Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes, goals and policies of the Organization. Such entrance shall occur after obtaining a duly executed search warrant, with permission of the property owner, or when a search warrant f or access to the property is not required. The Commission shall be liable for actual damages resulting therefrom, subject to the limitations of Minnesota Statutes, Chapter 466. Every person who claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes, Section 466.05. In accordance with Minnesota Statutes, Section 471.59, Subd. 1a(b) the Organization is considered a single governmental unit and the total liability for the Members and the Organization shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, Secton 466.04, Subd. 1. Subdivision 16: The Commission may vote to provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of capital improvement projects approved by the Organization. Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for professional or technical consultant services before retaining the services of a consultant or extending annual service agreements. Subdivision 18: The Commission may designate one or more national or state bank or trust companies authorized by Chapters 118A or 427 of Minnesota Statutes to receive deposits of public monies to act as depositories for the Organization’s funds. No funds may be disbursed without the signature of two officers. The Treasurer shall be required to file with the Secretary of the 247575 CLL MD160 -1 10 Commission a bond in the sum of at least $10,000 or such higher amount as shall be determ ined by the Commission. The Commission shall pay the premium on said bond. Subdivision 19: The Commission may acquire real or personal property, conduct programs and projects, and exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and to carry out the obligation of a watershed manageme nt organization under the Act. Subdivision 20: The Commission shall have the authority to adopt a budget, to decide on the total amount necessary to be raised from ad valorem taxes to meet the budget and to certify its budget to the county auditor of each county having territory within the watershed. Taxes may be levied for any purpose authorized by the Act in accordance with procedures specified in the Act, and subject only to the limitations set forth in the Act and this Agreement. The Commission shall also have the authority to certify for payment by the counties all or any part of the cost of a capital improvement contained in the capital improvement program of th e Plan, in accordance with Minnesota Statutes, Section 103B.251. 247575 CLL MD160 -1 11 Article V Budget and Financial Matters Subdivision 1: A proposed preliminary budget will be presented to the Commission at its July meeting. The Commission shall hold at least one public hearing on the proposed preliminary budget prior to adoption of the preliminary budget. At least 30 days’ notice to Members and such other public notice as is directed by the Commission shall be given prior to the hearing. The Commission will hear all comments and objections to the proposed preliminary budget from any Member as well as comments from the public. The Commission may adopt the preliminary budget as proposed or modify or amend the preliminary budget. The Commission shall adopt a preliminary budget and a proposed tax levy for the ensuing year on or before September 15 of each year. The preliminary budget shall then be certified by the Executive Director of the Organization on or before September 15 to the clerk of each Member ’s Council and each of the County Auditors. The Commission shall adopt a final budget and certify a tax levy to the Counties by December 31 of each year. Subdivision 2: The Commission has the duty to make a full and complete financial accounting report to each Member at least once annually. A certified public accountant shall perform the audit of the Organization. The report shall include the approved budget; a reporting of revenues; a reporting of expenditures; a financial audit report or section that includes a balance sheet; a classification of revenues and expenditures; an analysis of changes in final balances; and any additional statements considered necessary for full financial disclosure; and the status of all Organization’s projects and work within the watershed; copies of said report shall be transmitted to the clerk, or appropriate staff member of each Member's Council. Subdivision 3: Projects or other necessary expenditures that cannot be accomplished through the ad valorem tax levy shall be addressed by mutual agreement of the affected Members outside of this Agreement. The Commission will endeavor to equitably apportion the expenditure of Commission funds for projects and programs among the Members’ jurisdictions, giving due regard to the financial 247575 CLL MD160 -1 12 contributions from tax levies within each Member’s jurisdiction as well as the merit of each project and program according to criteria established in the Plan or approved by the Commission. 247575 CLL MD160 -1 13 Article VI Capital Projects Subdivision 1: The Members recognize that on-going capital expenditures will be required to solve some of the water resource problems within t he watershed. For the purposes of this Agreement, capital improvement projects are those determined necessar y to implement the Organization’s Capital Improvement Program. Subdivision 2: Capital Projects will be financed over the entire watershed. Subdivision 3: In order to finance an approved capital improvement project, the Commission may levy an ad valorem tax against the entire watershed. Subdivision 4: Approval of capital improvement projects shall require a majority vote of the quorum present and other such bodies as required by law. Capital improvement projects shall be financed in accordance with Minnesota Statutes, Chapters 103B and 103D. Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital Improvement Program as defined in Minnesota Statutes, Section 103B.205 Subd. 3 as part of the Watershed Management Plan. The Capital Improvement Program shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members fo r participation in each project and estimating the total costs for such projects. Projects not identified in the Watershed Management Plan shall not be included in the Capital Improvement Program until and unless the Watershed Management Plan is amended to include such projects. Implementation of the Capital Improvement Program will begin upon adoption of the Watershed Management Plan subject to the availability of funding. Subdivision 6: All capital improvement projects need to be listed in the Watershed Management Plan. 247575 CLL MD160 -1 14 Subdivision 7: Funding for any and all capital improvement projects may only occur if the project(s) is in the approved capital budget. Subdivision 8: If a Member is responsible for the completion of a capital project, the Organization’s approved share of the project cost coming from its tax levy will be reimbursed to the Member from actual tax revenues received in a manner agreed to. The Member being reimbursed for project costs by the Organization shall agree to be responsible for prov iding any requested documentation of costs requested by the Organization or its auditors. 247575 CLL MD160 -1 15 Article VII Duration Each Member agrees to be bound by the terms of this Agreement until January 1, 2031, and it may be continued thereafter upon the agreement of all Members. 247575 CLL MD160 -1 16 Article VIII Dissolution Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance written notice to each Member, the Commission shall hold a hearing to consider dissolution of the Organization. If a majority of the Commission votes in favor of dissolution, the Commission shall submit a resolution for dissolution of the Organization for consideration by each Member's Council, the board of each affected County and the Minnesota Board of Water and Soil Re sources. Each governmental unit shall have 90 days in which to consider dissolution of the Organization. If, within 90 days of the date the notice was given, a majority of Members' Councils has ratified said resolution; then the Organization shall be dissolved and this Agreement shall be terminated. Upon dissolution, the Organization shall complete all work in progress and dispose of all property. All property of the Organization shall be sold and the proceeds thereof, to gether with monies on hand, shall be distributed to the eligible Members of the Commission as follows: assets shall be apportioned and distributed in the percentage of the tax levy within the jurisdiction of each Member received by the Organization in the preceding full calendar year. 247575 CLL MD160 -1 17 Article IX Amendments Any Member may recommend to the Commission amendments to this Agreement. Upon a majority vote, amendments to this Agreement shall be forwarded b y the Commission to its Members’ Councils. No amendment shall be effective until the amendme nt has been ratified by the Council of each Member. The effective date of any amendment shall be the date on which the last Member's Council ratifies the amendment and is filed with the Executive Director of the Organization. 247575 CLL MD160 -1 18 Article X Effective Date This Agreement shall be adopted upon ratification by the Council of each Member and the execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of the Council of the ratifying Member shall file a certified copy of the resol ution of the ratification with the Executive Director of the Commission . The effective date of the Agreement shall be the date on which the last Member to ratify files its resolution of ratification. Upon adoption of this Agreement, the Executive Director shall supply to each Member and the Board of Water and Soil Resources a copy of the Members’ ratification resolutions and a copy of the signed Agreement. IN WITNESS WHEREOF, the undersigned Members, by action of their Councils, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.59. 247575 CLL MD160 -1 19 City of Columbia Heights By:_____________________________________ Dated: ___________________, 20_____ Gary Peterson, Mayor Attest: __________________________________ Dated: ___________________, 20_____ Patty Muscovitz, City Clerk 247575 CLL MD160 -1 20 City of Fridley By:_____________________________________ Dated: ___________________, 20_____ Scott Lund, Mayor Attest: __________________________________ Dated: ___________________, 20_____ Debra Skogen, City Clerk 247575 CLL MD160 -1 21 City of Hilltop By:_____________________________________ Dated: ___________________, 20_____ Jerry Murphy, Mayor Attest: __________________________________ Dated: ___________________, 20_____ Ruth Nelsen, City Clerk 247575 CLL MD160 -1 22 City of Lauderdale By:_____________________________________ Dated: ___________________, 20_____ Jeffrey Dains, Mayor Attest: __________________________________ Dated: ___________________, 20_____ Heather Butkowski, City Administrator 247575 CLL MD160 -1 23 City of Minneapolis By:____________________________________ Dated: ___________________, 20_____ R.T. Rybak, Mayor Attest: __________________________________ Dated: ___________________, 20_____ City Clerk Countersigned:____________________________ Dated: __________________, 20_____ Finance Officer Approved as to Form By: ____________________________________ Dated: __________________, 20 _____ Assistant City Attorney 247575 CLL MD160 -1 24 City of St. Anthony Village By: ____________________________________ Dated: __________________, 20 _____ Jerry Faust, Mayor Attest: _________________________________ Dated: __________________, 20 _____ Michael Mornson, City Manager 247575 CLL MD160 -1 25 City of Saint Paul By: ___________________________________ Dated: __________________, 20 _____ Chris Coleman, Mayor Attest: _________________________________ Dated: __________________, 20 _____ Director of Finance and Management Service Approved as to Form By: ___________________________________ Dated: __________________, 20 _____ Assistant City Attorney 247575 CLL MD160 -1 26 Minneapolis Park and Recreation Board By: _________________________________________ Dated: __________________, 20 _____ John Irwin, President MPRB Attest: _______________________________________ Dated: __________________, 20 _____ Don Siggelkow, Board Secretary Approved as to Form, Legality, and Execution By: _________________________________________ Dated: __________________, 20 _____ MPRB Attorney 247575 CLL MD160 -1 Appendix A: Legal Description CLL-247575v2 MD160-1 247575 CLL MD160 -1 Appendix B: Mississippi Watershed M anagement Organization Map City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-851 Name:Coale's Bar & Grill License Suspension Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving adverse action against all licenses held by Coale, Inc. d/b/a Coale's Bar & Grill located at 719 Dale Street North in Saint Paul. Sponsors:Melvin Carter III Indexes: Code sections: Attachments:March 5th 2012 letter and renewal invoice.pdf Notice of Intent to Suspend Licenses.pdf SPLC Section 310.06.pdf Action ByDate Action ResultVer. Title Approving adverse action against all licenses held by Coale, Inc. d/b/a Coale's Bar & Grill located at 719 Dale Street North in Saint Paul. Body WHEREAS,adverse action was taken against all licenses held by Coale,Inc.d/b/a Coale's Bar &Grill (License ID #20100003019)for the premises located at 719 Dale Street North in Saint Paul,by Notice of Intent to Suspend Licenses dated April 6,2012,alleging licensee failed to pay the Liquor On Sale 101-180 Seats (Second Half) license fees in the amount of $3,539.00; and WHEREAS,the licensee did not respond to the Notice of Intent to Suspend Licenses to pay the delinquent license fees or request a hearing; and WHEREAS,the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay the delinquent license fees or request a hearing by April 16,2012,that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED,that all licenses held by Coale,Inc.d/b/a Coale's Bar &Grill are hereby immediately suspended for failure to pay delinquent license fees. FURTHER RESOLVED,said licenses will remain suspended until the licensee pays $3,539.00 in delinquent license fees. City of Saint Paul Printed on 5/8/2012Page 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 12-852 Name:Davis Enterprises, Inc. MN $500.00 Fine Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving adverse action against all licenses held by Davis Enterprises, Inc. MN d/b/a Davis Enterprises, Inc. MN located at 817 Vandalia Street in Saint Paul. Sponsors:Russ Stark Indexes: Code sections: Attachments:Signed license condition affidavit.pdf Notice of Violation.pdf SPLC Section 310.05 (m).pdf Action ByDate Action ResultVer. Title Approving adverse action against all licenses held by Davis Enterprises, Inc. MN d/b/a Davis Enterprises, Inc. MN located at 817 Vandalia Street in Saint Paul. Body WHEREAS,adverse action was taken against the all licenses held by Davis Enterprises,Inc.MN d/b/a Davis Enterprises,Inc.MN (License ID #20110003560)for the premises located at 817 Vandalia Street in Saint Paul,by Notice of Violation dated April 5,2012,alleging licensee failed to keep the licensed establishment open for twenty-four (24)hours as required by Saint Paul Legislative Code §361.05 (3)and license condition #16; and WHEREAS,per Saint Paul Legislative Code §310.05 (m)(1),the licensing office recommended a $500.00 matrix penalty; and WHEREAS,the licensee did not respond to the Notice of Violation to pay the $500.00 matrix penalty or request a hearing; and WHEREAS,the Notice of Violation stated that if the licensee failed to pay the $500.00 matrix penalty or request a hearing by April 16,2012,that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED,that Davis Enterprises,Inc.MN d/b/a Davis Enterprises,Inc.MN is hereby ordered to pay a matrix penalty of $500.00 for failure to keep the licensed establishment open for twenty-four (24)hours as required by Saint Paul Legislative Code §361.05 (3)and license condition #16.Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution. City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: RES 12-852, Version: 1 City of Saint Paul Printed on 5/8/2012Page 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 12-854 Name:Taste of Thailand License Suspensions & Fine Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Approving adverse action against all licenses held by Taste of Thailand III, Inc. d/b/a Taste of Thailand located at 1753 Old Hudson Road in Saint Paul. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Third Request dated March 2nd 2012.pdf Notice of Intent to Suspend Licenses.pdf SPLC Section 310.05 (m).pdf Action ByDate Action ResultVer. Title Approving adverse action against all licenses held by Taste of Thailand III, Inc. d/b/a Taste of Thailand located at 1753 Old Hudson Road in Saint Paul. Body WHEREAS,adverse action was taken against all licenses held by Taste of Thailand III,Inc.d/b/a Taste of Thailand (License ID #20020001665)for the premises located at 1753 Old Hudson Road in Saint Paul,by Notice of Intent to Suspend Licenses dated March 26,2012,alleging licensee failed to submit the following information:1)State Renewal Certificate;2)Insurance Waiver Affidavit and 3)a completed Certificate of Compliance Minnesota Workers' Compensation Law form; and WHEREAS,per Saint Paul Legislative Code §310.05 (m)(2),the licensing office also recommended a $500.00 matrix penalty for failure to submit required information in order to maintain the license; and WHEREAS,the licensee did respond to the Notice of Intent to Suspend Licenses by contacting the City Attorney's Office on April 9,2012,stating she had the information requested and would send it in later that week; and WHEREAS,the licensee did submit the completed Certificate of Compliance Minnesota Workers' Compensation Law form on April 17,2012,but failed to submit the State Renewal Certificate and Insurance Waiver Affidavit; and WHEREAS,the Notice of Intent to Suspend Licenses stated that if the licensee failed to submit all of the required information or request a hearing by April 4,2012,that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED,that all licenses held by Taste of Thailand III,Inc.d/b/a Taste of Thailand are hereby immediately suspended for failure to submit required information to maintain their licenses. FURTHER RESOLVED,said licenses will remain suspended until the licensee submits the required City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: RES 12-854, Version: 1 information. City of Saint Paul Printed on 5/8/2012Page 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 12-855 Name:Metropolitan State University Planning Commission Appeal Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Memorializing City Council action taken on April 4, 2012 granting the appeal of Rene & Rachel K. Lerma regarding the contruction of a freestanding pole with a wind turbine on the Metropolitan State University property located at 645 - 7th Street East in Saint Paul. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Memorializing City Council action taken on April 4, 2012 granting the appeal of Rene & Rachel K. Lerma regarding the contruction of a freestanding pole with a wind turbine on the Metropolitan State University property located at 645 - 7th Street East in Saint Paul. Body WHEREAS, Metropolitan State University, in Planning Commission File No. 11-310-568, made application to the Saint Paul Planning Commission ("Commission") pursuant to Leg. Code § 61.501 for a conditional use permit ("CUP") to construct a freestanding pole with a wind turbine on property commonly known as 645 7th St E (PIN No. 322922130131) legally described as Auditors Subdivision No 73 Part Of The Se 1/4 Of Nw 1/4 Lying Nly Of Vac Culvert St And Sly Of The Center Line Of Vac E 8th St And Ely Of And Par To The Centerline Of Sewer Esmt As Recorded In Blk 50 Of Plans Pg 2 In Sec 32 Tn 29 Rn 22 And Vac Culvert St ; and WHEREAS, on February 16, 2012, pursuant to Leg. Code § 61.303, the Commission's Zoning Committee duly conducted a public hearing on the CUP application where all persons present were given an opportunity to be heard and, at the close of the hearing, the Committee moved to recommend denial of the CUP for the reasons set forth in the Committee's minutes; and WHEREAS, on February 24, 2012, the Planning Commission considered the said CUP and based upon the all the records in the matter including the application, the report of staff, all the testimony and the recommendation of the its Zoning Committee following the Committee's public hearing, moved to grant the CUP upon the following findings as set forth in Commission Resolution No. 12-11 which is incorporated herein by reference: "1. Metropolitan State University is proposing to install a 20 kilowatt wind turbine on campus to the west of its Library and Learning Center building, located northeast of the intersection of East 7th Street and Mounds Boulevard, in the B2 community business district. The wind turbine will consist of a monopole 104 feet in height to the propeller hub, and a three-blade propeller 32 feet in diameter (16 foot blades), for a total height of 120 feet. The wind turbine will be used for research on alternative energy generation. 2. A determination of similar use/conditional use permit was granted to Macalester College for a 10 kW, 102 foot high, free-standing wind turbine on its campus for a test period in 2002 (Z.F. # 02-236-646) and City of Saint Paul Printed on 5/8/2012Page 1 of 5 powered by Legistar™ File #: RES 12-855, Version: 1 permanently in 2005 based on noise monitoring during the test period (Z.F. # 05-085-530). In making the determination of similar use, the Planning Commission found that a wind turbine on a freestanding pole located on institutional use property at least one acre in area (a use not specifically addressed in the zoning code) is similar in character to a cellular telephone antenna on a freestanding pole located on institutional use property, which is a conditional use in business districts and thus a conditional use permit is required and conditions for a cellular telephone antenna located on institutional use property may be applied as appropriate to the proposed wind turbine. 3. Leg. Code § 61.501 lists five standards that all conditional uses must satisfy: (1) The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. As described on page 7 of the introduction section of the Saint Paul Comprehensive Plan (2010), environmental sustainability is one of the three overarching themes of the Plan, which means "buildings, open spaces, and infrastructure are designed with attention to ecological systems and a light environmental footprint, and buildings are rehabilitated and constructed with reused and renewable materials and utilize technologies that are energy efficient and promote conservation." (2) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The proposed use will generate minimal traffic. (3) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The proposed use is on a college campus and its appearance will be similar to a nearby cellular telephone antenna. (4) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The wind turbine is on a college campus and is set back 134 feet from the nearest property line and approximately 500 feet from the nearest residence. It should not impede the normal and orderly development and improvement of the surrounding property. (5) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition is met. The use conforms to the applicable regulations of the B2 community business district, including applicable regulations for a cellular telephone antenna on a free-standing pole located on institutional use property noted below that may appropriately be applied to a wind turbine on a free-standing pole located on institutional use property at least one acre in area based on the Planning Commission's determination of similar use for a wind turbine on a free-standing pole located on institutional use property in Z.F. # 02-236-646 and Z.F. # 05-085-530. 4. Based on the Planning Commission's decision that a wind turbine on a freestanding pole located on institutional use property at least one acre in area is similar in character to a cellular telephone antenna on a freestanding pole on institutional use property, and therefore may be similarly permitted as a conditional use in the B2 community business district, the following conditions in § 65.310, Antenna, cellular telephone, may appropriately be applied to the proposed wind turbine. (a) In residential districts, a conditional use permit is required for cellular telephone antennas on a residential structure less than sixty (60) feet high. In residential, traditional neighborhood and business districts, a conditional use permit is required for cellular telephone antennas on a freestanding pole, except for existing utility poles. In residential and traditional neighborhood districts, existing utility poles to which cellular telephone antennas are attached shall be at least sixty (60) feet high. This condition is met. The proposed wind turbine will be constructed on a freestanding pole. (c) For antennas proposed to be located on a residential structure less than sixty (60)feet high in residential City of Saint Paul Printed on 5/8/2012Page 2 of 5 powered by Legistar™ File #: RES 12-855, Version: 1 districts, or on a new freestanding pole in residential, traditional neighborhood, and business districts, the applicant shall demonstrate that the proposed antennas cannot be accommodated on an existing freestanding pole, an existing residential structure at least sixty (60) feet high, an existing institutional use structure, or a business building within one-half (½) mile radius of the proposed antennas due to one (1) or more of the following reasons: 1.The planned equipment would exceed the structural capacity of the existing pole or structure. This condition is met. Existing poles and structures in the area do not meet the required foundation specifications for the wind turbine due to vibration transmission into the structure. (d) In residential, traditional neighborhood and business districts, cellular telephone antennas to be located on a new freestanding pole are subject to the following standards and conditions: 1. The freestanding pole shall not exceed seventy-five (75) feet in height, unless the applicant demonstrates that the surrounding topography, structures, or vegetation renders a seventy-five-foot pole impractical. Freestanding poles may exceed the above height limit by twenty-five (25) feet if the pole is designed to carry two (2) antennas. This condition is met. The proposed freestanding pole will be 104 feet in height. The wind turbine manufacturer stated that this tower height is necessary to overcome the turbulence generated by obstacles and trees on the ground and for the turbine to generate electricity, and therefore a seventy-five foot pole is impractical. 2. Antennas shall not be located in a required front or side yard and shall be set back one (1) times the height of the antenna plus ten (10) feet from the nearest residential structure. This condition is met. The proposed wind turbine will not be located in a required front or side yard and its proposed location is set back 134 feet from the nearest property line, and approximately 500 feet from the nearest residential property. 3. The antennas shall be designed where possible to blend into the surrounding environment through the use of color and camouflaging architectural treatment. Drawings or photographic perspectives showing the pole and antennas shall be provided to the planning commission to determine compliance with this provision. This condition is met. Due to proximity of the proposed wind turbine to the St. Paul Downtown Holman Field Airport, the Federal Aviation Administration (FAA) requires a red light at the top and that the pole and blades be painted white. 4. In residential and traditional neighborhood districts, the pole shall be on institutional use property at least one (1) acre in area. In business districts, the zoning lot on which the pole is located shall be within contiguous property with OS or less restrictive zoning at least one (1) acre in area. This condition is met. The parcel is 4.46 acres and the MSU campus is over 14 acres in size. (g) Freestanding poles shall be a monopole design. This condition is met. The proposed wind turbine has a monopole design. (h) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary, it shall be permitted and regulated as an accessory building, section 63.500, and screened from view by landscaping where appropriate. This condition is met. Conduit from the proposed wind turbine will be trenched to the existing Library and Learning Center Building." WHEREAS, on March 5, 2012, in Planning Commission File No. 12-030769 and pursuant to Leg. Code § 61.702(a), Rene and Rachel K. Lerma duly filed an appeal from the determination made by the Planning Commission, and requested a hearing before the City Council for the purpose of considering the Commission's action; and WHEREAS, on April 4, 2012, the City Council, pursuant to Leg. Code § 61.702(b), upon notice to affected City of Saint Paul Printed on 5/8/2012Page 3 of 5 powered by Legistar™ File #: RES 12-855, Version: 1 parties duly conducted a public hearing on the said appeal where all interested parties were given an opportunity to be heard; and WHEREAS, at the close of the public hearing, the City Council, having considered the application, the staff report, the recommendation of the Zoning Committee and the Planning Commission's decision record and resolution, and having heard all the testimony given at the public hearing, does hereby RESOLVE, That the Council of the City of Saint Paul finds that the decision of the Planning Commission to approve the said CUP application for a wind turbine on a free standing monopole was in error based upon the following findings: 1. The proposed wind turbine does not meet the standards and conditions for free standing cellular telephone antennas to be located in business districts under Leg. Code § 65.310(d)(1) which states that free standing poles shall not exceed 75-feet in height, unless the applicant demonstrates that the surrounding topography, structures or vegetation renders a 75-foot pole impractical and that freestanding poles may exceed the above height limit by 25-feet if the pole is designed to carry 2 antennas. The proposed wind turbine will consist of a 104-foot high monopole. Attached to a "tower plate" at the top of the pole is the turbine apparatus which houses three 16-foot high blades. The 32 foot diameter of the propeller blades increases the functional height of the turbine to 120 feet. Although the applicant states that this height is necessary for the wind turbine to overcome turbulence generated by "obstacles and trees on the ground," the record provides no basis to support this statement of need. In addition the height of this wind turbine tower demonstrates the significant design differences between static, free-standing cellular telephone towers and free standing wind turbine towers which, in order to be practical, require the placement of additional turbine components including moving propeller blades, in this case, a 32 foot-wide three-blade propeller. The overall height of the proposed wind turbine constitutes a significant increase from the height standard contemplated for cellular towers and the addition of moving propeller blades to the tower will materially impact the immediate area surrounding the wind turbine as well other areas of the City, due to the turbine's proposed site on the prominent ridgeline east of the central business district which will be discussed more fully below. 2. The proposed wind turbine does not meet the standards and conditions for free standing cellular telephone antennas to be located in business districts under Leg. Code § 65.310(d)(3) which states that free standing poles shall be designed where possible to blend into the surrounding environment through the use of color and camouflaging architectural treatment. The height of the proposed wind turbine, its location on a prominent ridgeline and, especially, its moving parts imposes a significant visual impact on the surrounding area which cannot be camouflaged due to the wind turbine's proximity to Holman Field. Specifically the Federal Aviation Administration has ordered that the turbine's pole and blades shall be painted white and that a red beacon light be placed at the top of the turbine apparatus because of the wind turbine's "close proximity to the approach and transitional surfaces to Runway 14." These requirements, imposed by the Federal government, make it impossible for the City to even consider architectural or color treatments which could camouflage the turbine so that it could better blend into the surrounding environment. As a result, the wind turbine, in order to be visible to planes approaching Holman Field, will also be highly visible to the surrounding neighborhood as well as highly visible from the downtown neighborhoods due to the turbine's location on one of the most prominent bluffs overlooking downtown Saint Paul. Finally, although the Planning Commission has indicated that it finds wind turbines to be substantially similar to a cellular telephone towers based on findings of similar use for turbines at Macalester College and Capitol Lien and Title, the Council finds that the proposed wind turbine is not similar in character to a cellular telephone antenna. In this case there are significant differences between a cellular telephone antenna and the wind turbine. In particular, a wind turbine's moving parts which, by necessity, must be in a visible area in order to make use of wind currents. In contrast, cellular telephone antennas do not contain moving parts and can often be disguised to blend into the surrounding environment with little physical and visual distraction. The Planning Commission has recognized these significant differences and has requested city staff to study the issue and develop language for zoning code requirements. The full study is expected in the 4th quarter of City of Saint Paul Printed on 5/8/2012Page 4 of 5 powered by Legistar™ File #: RES 12-855, Version: 1 2012. AND, BE IT FURTHER RESOLVED, that the appeal of Rene & Rachel K. Lerma, for the reasons stated above be and is hereby granted; and, be it FINALLY RESOLVED, That the City Clerk shall immediately mail a copy of this resolution to Metropolitan State University, Rene & Rachel K. Lerma, the Zoning Administrator and the Planning Commission. City of Saint Paul Printed on 5/8/2012Page 5 of 5 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 12-856 Name:Procedures Coordinator Change in Rate of Pay Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Changing the rate of pay for the classification of Procedures Coordinator, occ code 401B, from Grade 033 to Grade 036, of Employee Group 01, AFSCME Clerical. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Procedures Coordinator Financial Analysis Worksheet.pdf Action ByDate Action ResultVer. Title Changing the rate of pay for the classification of Procedures Coordinator, occ code 401B, from Grade 033 to Grade 036, of Employee Group 01, AFSCME Clerical. Body RESOLVED, that the rate of pay for the classification of Procedures Coordinator be changed from that set forth in Grade 033 to Grade 036, of Employee Group, 01, the AFSCME Clerical Salary Schedule, and be it FINALLY RESOLVED, that this resolution shall take effect and be in force on the first pay period following its passage and approval. City of Saint Paul Printed on 5/8/2012Page 1 of 1 powered by Legistar™ City of Saint Paul Financial Analysis Classification grade change 1File ID Number:RES 12-856 2 3Budget Affected:Operating BudgetSafety and InspectionsGeneral Fund 4 5Total Amount of Transaction:See below 6 7Funding Source:(Select Funding Source) 8 9Charter Citation:City Charter, Chapter 12 - Personnel (Specifically, Sec. 12.01 Merit System and Sec. 12.06, Civil Service Rules) 10 11 12Fiscal Analysis 13 14 15 16 17 18 19Employee Group: 01, AFSCME Clerical 20 21 Current Grade: 033 Current Range: $1,660.25 - $2,278.69 bi-weekly ($43,166.50 - $59,245.94 annually) Proposed Grade: 036 Proposed Range: $ 1,804.13 - $2,478.51 bi-weekly ($46,907.38 - $64,441.26 annually) Pursuant to the City Charter, Chapter 12, Merit System and Civil Service Rules 25, 28, and 32, the Office of Human Resources has put forth this resolution to ensure equitable compensation for this job classification based on the results of a job study. This classification change may or may not affect a specific department's budget. Classification Title: Procedures Coordinator, Occupation Code 401B The change in grade and salary range is detailed below: City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES 12-857 Name:SPART Cooperative Agreement Status:Type:Resolution Agenda Ready In control:City Council Final action: Title:Authorizing the City to enter into an agreement with the Minnesota Department of Transportation for construction of the Saint Paul Arterial Roadway Traffic Flow Improvement Traffic Signal Interconnect Project. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Agreement00764-SPART-043012.pdf Action ByDate Action ResultVer. Title Authorizing the City to enter into an agreement with the Minnesota Department of Transportation for construction of the Saint Paul Arterial Roadway Traffic Flow Improvement Traffic Signal Interconnect Project. Body IT IS RESOLVED that the City of Saint Paul enter into Mn/DOT Agreement No. 00764 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the Saint Paul Arterial Roadway Traffic Flow Improvement Traffic Signal Interconnect Project. Work consists of installing conduit and fiber optic interconnect through 62 intersections along 15.5 miles of roadway within the corporate City limits under State Project Number 8825-434. Other associated reference numbers are State Project Number 164- 070-011, Federal Project Number CMAQ 6212 (105), and City Project T-1331. IT IS FURTHER RESOLVED, that the Mayor and the Director of Public Works are authorized to execute the Agreement and any amendments to the Agreement. City of Saint Paul Printed on 5/8/2012Page 1 of 1 powered by Legistar™ Mn/DOT Contract No: 00764 1 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF ST. PAUL COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (SP): 8825-434 Original Amount Encumbered Trunk Highway Number (TH): 5 & 51 $702,000.00 State Project Number (SP): 164-070-011 City Project Number (CP): 09-T-1331 Federal Project Number: CMAQ 6212 (105) Signal System ID Various This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of St. Paul acting through its City Council ("City"). Recitals 1. The City will perform traffic signal revisions and interconnect construction and other associated construction upon, along and adjacent to Trunk Highway No. 5 from Davern Street to Minnehaha Avenue and upon, along and adjacent to Trunk Highway No. 51 from Montreal Avenue to Hewitt Avenue and other various City routes according to City-prepared plans, specifications and special provisions designated by the City as City Project No. 09-T-1331 and by the State as State Project No. 8825-434 and State Project No. 164-070- 011("Project"); and 2. The City requests the State participate in the costs of the traffic signal revision and interconnect construction and the State is willing to participate in the costs of said construction and associated construction engineering; and 3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 11. Liability; Worker Compensation Claims; Insurance; 13. State Audits; 14. Government Data Practices; 15. Governing Law; Jurisdiction; Venue; and 17. Force Majeure. The terms and conditions set forth in Article 6. Signal Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, Special Provisions. State-approved City plans, specifications and special provisions designated by the City as City Project No. 09-T-1331 and by the State as State Project No. 8825-434 (T.H. 5 & 51) are on file in the office of the City's Engineer and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. Mn/DOT Contract No: 00764 2 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy trunk highway right-of-way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the trunk highway right-of-way (including the construction being performed on such right-of-way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the City (and its contractor) to take such remedial measures as the State deems necessary. The State may require the City (and its contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City (or its contractors or consultants) for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State right-of-way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant personnel occupying the State's right-of-way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its trunk highway right-of-way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 3. Contract Award and Construction 3.1. Bids and Award. The City will receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. 3.2. Bid Documents furnished by the City. The City will, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City will not award the construction contract until the State advises the City in writing of its concurrence. 3.3. Rejection of Bids. The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the Mn/DOT Contract No: 00764 3 other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. 3.4. Direction, Supervision and Inspection of Construction A. The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The City will give the State Aid Agreements Engineer at Roseville a five day notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the City and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". 3.5. Completion of Construction. The City will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.6. Plan Changes. The State will not participate in the cost of any contract construction that is in addition to the State participation construction covered under this Agreement unless the following conditions have been met: A. The necessary State funds have been encumbered. B. All changes in the Project Plans and all addenda, change orders and supplemental agreements entered into by the City and its contractor for State participation construction are approved in writing by the State District Engineer's authorized representative. 3.7. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's trunk highway right-of-way, the City will not require the contractor to follow local ordinances or to obtain local permits. 4. Right-of-Way; Easements; Permits 4.1. The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the City will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings and depiction of utilities affected by the contract construction. 5. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, mowing grass boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. Mn/DOT Contract No: 00764 4 6. Signal Systems and EVP Systems Operation and Maintenance All operation and maintenance terms, including timing and power provisions, in the existing Traffic Control Signal Agreements pertaining to Trunk Highway No. 5 from Davern Street to Minnehaha Avenue and pertaining to Trunk Highway No. 51 from Montreal Avenue to Hewitt Avenue will remain in full force and effect. 7. Basis of State Cost 7.1. SCHEDULE "I". The Preliminary SCHEDULE "I" includes all anticipated State participation construction items and the construction engineering cost share covered under this Agreement. 7.2. State Participation Construction. The State will participate in the traffic signal revisions and interconnect construction as indicated in the Preliminary SCHEDULE “I”. The construction includes the State's proportionate share of the item cost for mobilization. A lump sum amount based on contract bids and not to exceed $650,000.00 or 50% of the group 2 (S.P. 8825-434) work will be the State's rate of cost participation in all of the traffic signal revision and interconnect construction. The construction includes, but is not limited to, those construction items tabulated on Sheets No. 2 and No. 3 of the Preliminary SCHEDULE "I". 7.3. Construction Engineering Costs. The State will pay a construction engineering charge equal to 8 percent of the total State participation construction covered under this Agreement but not to exceed $52,000.00. 7.4. Addenda, Change Orders and Supplemental Agreements. The State will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the State participation construction covered under this Agreement and are approved in writing by the State District Engineer's authorized representative. 7.5. Liquidated Damages. All liquidated damages assessed the City's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 8. State Cost and Payment by the State 8.1. State Cost. $702,000.00 is the maximum of the State's estimated share of the costs of the contract construction including the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon review of the construction contract bid documents described in Article 3.2, the State will decide whether to concur in the City’s award of the construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices. 8.2. Conditions of Payment. The State will pay the City the State's total estimated construction cost share, which includes the 8 percent construction engineering cost share as shown in the Revised SCHEDULE "I", after the following conditions have been met: A. Encumbrance by the State of the State's total estimated construction cost share and the 8 percent construction engineering cost share as shown in the Revised SCHEDULE "I". B. Approval by the State's Land Management Director at St. Paul of certified documentation, submitted by the City, for all right-of-way and easement acquisitions required for the contract construction. C. Execution of this Agreement and transmittal to the City, including a letter advising of the State's concurrence in the award of the construction contract. D. The State's receipt of a written request from the City for the advancement of funds. The request will include certification by the City that all necessary parties have executed the construction contract. Mn/DOT Contract No: 00764 5 8.3. Limitations of State Payment; No State Payment to Contractor The State’s participation in the contract construction is limited to the State participation construction shown in Article 7, and the State’s participation will not change except by a mutually agreed written amendment to this Agreement. The State’s payment obligation extends only to the City. The City’s contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The City’s contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the City by the City’s contractor. 8.4. Records Keeping and Invoicing by the City (This Article only applies if the bids for the State construction cost is less than the capped amount of State funds) The State will provide the City with a Payment Processing Package containing a Modified SCHEDULE "I" form, instructions, and samples of documents for processing final payment of the State participation construction covered under this Agreement. The City will keep records and accounts that enable it to provide the State with the following prior to final payment: A. A copy of the Modified SCHEDULE "I" which includes final quantities of State participation construction. B. Copies of the City contractor's invoice(s) covering all contract construction. C. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate City official that final construction contract payment has been made. D. Copies of all construction contract change orders and supplemental agreements. E. A certification form, attached to a copy of the Final Schedule "I", both provided by the State. The certification form will be signed by the City's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Full payment by the City to its contractor for all contract construction. F. When requested, copies certified by the City's Engineer, of material sampling reports and material testing results for the materials furnished for the contract construction. G. A copy of the "as built" plan sent to the State Aid Agreements Engineer. H. A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "I". 8.5. Final Payment by the State (This Article only applies if the bids for the State construction cost is less than the capped amount of State funds) Upon completion of all contract construction, the State will prepare a Final SCHEDULE "I" according to the procedures detailed in the Payment Processing Package and submit a copy to the City. The Final SCHEDULE "I" will be based on final quantities, and include all State participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the State participation construction exceeds the amount of funds advanced by the State, the State will pay the difference to the City without interest. If the final cost of the State participation construction is less than the amount of funds advanced by the State, the City will refund the difference to the State without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. Mn/DOT Contract No: 00764 6 9. Authorized Representatives Each party’s Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 9.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 Fax: (651) 366-4769 E-Mail: maryanne.kellysonnek@state.mn.us 9.2. The City's Authorized Representative will be: Name/Title: John Maczko, City Engineer (or successor) Address: 1500 City Hall Annex, 25 4th Street West, St. Paul, MN 55102-1634 Telephone: (651) 266-6137 E-Mail: john.maczko@ci.stpaul.mn.us 10. Assignment; Amendments; Waiver; Contract Complete 10.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 10.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 10.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party’s right to subsequently enforce it. 10.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Liability; Worker Compensation Claims; Insurance 11.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. The State will have no liability or responsibility with respect to any claims asserted against the City by the City’s contractor, whether those claims are based on alteration of the work, differing site conditions, or any other cause. The City’s contractor will not be a third party beneficiary of this Agreement. The State assumes no liability for any injury to any third party caused by the act or omission of the City or the City’s contractor, and the City will hold the State harmless against such claims, whether in tort, contract or otherwise. 11.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City’s contractor. 12. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. Mn/DOT Contract No: 00764 7 13. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 14. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 15. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 16. Termination; Suspension 16.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 16.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 16.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 17. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party’s reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] Mn/DOT Contract No: 00764 8 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. DEPARTMENT OF TRANSPORTATION Recommended for Approval: Signed: By: (District Engineer) Date: Date: SWIFT Purchase Order No. Approved: By: (State Design Engineer) Date: CITY OF ST. PAUL The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. Recommended for Approval: By: (Director of Public Works) COMMISSIONER OF ADMINISTRATION Approved as to form and execution: By: (With delegated authority) By: Date: (Assistant City Attorney) By: (Mayor) Date: By: (Director of Finance & Management Services) Date: City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Min 12-16 Name: Status:Type:Approval of Minutes Agenda Ready In control:City Council Final action: Title:Approving the minutes of the January 4, 11, 18 and 25, 2012 City Council meetings. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Minutes 01-04-12.pdf Minutes 01-11-12.pdf Minutes 01-18-12.pdf Minutes 01-25-12.pdf Action ByDate Action ResultVer. Title Approving the minutes of the January 4, 11, 18 and 25, 2012 City Council meetings. Body Approving the minutes of the January 4, 11, 18 and 25, 2012 City Council meetings. City of Saint Paul Printed on 5/8/2012Page 1 of 1 powered by Legistar™ City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Minutes - Final City Council Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Melvin Carter III Councilmember Russ Stark Councilmember Dave Thune Councilmember Chris Tolbert 3:30 PM Council Chambers - 3rd FloorWednesday, January 4, 2012 ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Councilmember Dan Bostrom, Councilmember Amy Brendmoen, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dave Thune and Councilmember Chris Tolbert Present 6 - Councilmember Melvin Carter IIIAbsent1 - 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. Approval of the Consent Agenda Councilmember Bostrom moved approval of the Consent Agenda. Consent Agenda adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 6 - Nay:0 Absent:Councilmember Carter III1 - RES 12-61 Approving the Mayor's appointments of Chris Tolbert and Melvin Carter, III to serve on the Saint Paul Children's Collaborative. Adopted RES 12-72 Approving the Mayor's appointment of Amy Brendmoen to serve on the Community Action Partnership of Ramsey & Washington Counties. Adopted Page 1City of Saint Paul January 4, 2012City Council Minutes - Final RES 12-83 Approving the Mayor's appointment of Amy Brendmoen, and the reappointments of Jacquelyn Carpenter, Joe Stratig, Barb Jeanetta, Michael Chanaka, Robert de la Vega, Kathleen Engesser, and Doug Hubbard to serve on the Workforce Investment Board. Adopted RES 12-94 Approving the Mayor's appointments of Chris Tolbert and Russ Stark to serve on the Ramsey County League of Local Governments. Adopted RES 12-105 Approving the Mayor's appointment of Chris Tolbert to serve on the League of Minnesota Cities. Adopted RES 12-116 Approving the Mayor's appointments of Amy Brendmoen, Chris Tolbert, and Kathy Lantry, and the reappointment of Matt Anfang to serve on the Board of Water Commissioners. Adopted RES 12-127 Approving the Mayor's appointment of Chris Tolbert to serve on the Dispatch Policy Committee. Adopted RES 12-138 Approving the Mayor's appointments of Russ Stark and Melvin Carter to serve on the Family Housing Fund Board. Adopted RES 12-149 Approving the Mayor's appointments of Russ Stark, Amy Brendmoen, and Kathy Lantry to serve on the Joint Property Tax Advisory Committee. Adopted RES 12-1610 Approving the Mayor's appointments of Dave Thune, Dan Bostrom, and Kathy Lantry to serve on the Minneapolis / Saint Paul Housing Finance Board. Adopted RES 12-1711 Approving the Mayor's appointments of Chris Tolbert and Amy Brendmoen to serve on the First Class Cities/Counties/School Districts Property Tax Advisory Committee. Adopted Page 2City of Saint Paul January 4, 2012City Council Minutes - Final RES 12-1812 Approving the Mayor's appointments of Amy Brendmoen and Russ Stark to serve on the Red Rock Corridor Commission. Adopted RES 12-413 Approving the assessment and fixing time of hearing to ratify the assessment for sanitary sewer construction completed at the request of the property owners in connection with the Front/Victoria RSVP. (File No. 19080C2 Assessment No. 106062) Adopted RES 12-214 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for alley improvements on the north-south alley in Randolph Villas (bounded by Niles, Randolph, Brimhall, and Saratoga). (File No. 19116 Assessment No. 110582) Adopted RES 12-315 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for alley improvements on the east-west alley in Denslow's Subdivision of Lots 54 and 47, Lake Como Villas (bounded by Front, Hatch, Kilburn, and Ryde). (File No. 19090 Assessment No. 105130) Adopted RES 11-260716 Approving the application with conditions, per the Deputy Legislative Hearing Officer, to upgrade the restaurant license from a Restaurant (3) - 13-50 Seats license to a Restaurant (4) - 51-150 Seats license and to add a Wine On Sale, Malt On Sale (Strong), and Liquor-Outdoor Service Area (Patio) licenses, for Lily Pad Design LLC (ID #20050002044), doing business as Java Train at 1341 Pascal Street North. Adopted RES 12-1517 Reviewing and approving the Pay Equity Implementation Report for submission to the State Minnesota Management and Budget (MMS). Adopted RES 12-2218 Election of Council Officers. Adopted Page 3City of Saint Paul January 4, 2012City Council Minutes - Final FOR DISCUSSION AHPC 11-119 Public hearing to consider the appeal of Shari Wilsey and Susan Foote to a decision of Heritage Preservation Commission Staff for conditionally approving a 78 feet by 34 feet galvanized steel panel fence with cedar posts and top in the front yard at 797 Summit Avenue, House of Hope Presbyterian Church, Hill Historic District. (Public hearing held July 20; laid over from December 21) Council President Lantry stated that Carter has an amendment with a compromise agreement. Hendrickson stated his understanding is that Councilmember Carter worked with the church and the appellants. They reached an agreement that involved a change in the fence. Adopted as amended Yea:Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 6 - Nay:0 Absent:Councilmember Carter III1 - (Councilmember Carter joined the meeting.) Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dave Thune and Councilmember Chris Tolbert Present 7 - RLH OA 11-31 20 Second Stay of Council File 10-1185, An Order to Remove or Repair the Buildings at 578 THOMAS AVENUE. (Public hearing held December 21) Councilmember Carter said he understood from Legislative Hearing Officer Marcia Moermond that the property owner had provided the minimum of what had been asked for, and a 90 day stay would be granted. Council President Lantry asked for clarification of the motion. Ms. Moermond said the motion was embodied in the version of the resolution in front of the Council, which granted a 90-day stay. Adopted as amended (90-day stay granted) Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 4City of Saint Paul January 4, 2012City Council Minutes - Final RLH FCO 11-496 21 Appeal of Juley Viger to a Fire Certificate of Occupancy Correction Notice at 730 COMO AVENUE. (Public hearing held December 7) Councilmember Brendmoen moved a one week layover to allow time for the appellant to receive a decision from the Board of Zoning Appeals. Laid over to January 11 Yea:Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 6 - Nay:0 Absent:Councilmember Carter III1 - 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. Third Reading, No Public Hearing Ord 11-12122 Memorializing City Council action taken on December 7, 2011, granting the application of Fort Road Coffee Company LLC to rezone property at 1518 Randolph Avenue from B1 Local Business to T2 Traditional Neighborhood and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. [Zoning File #11-282-365] [Public hearing held December 7, 2011]. Laid over to January 11 for final adoption Second Reading Ord 11-11923 Administrative Ordinance establishing the position of Deputy Director of Financial Services of the Office of Financial Services, Deputy Director of Libraries of the Saint Paul Public Library Agency, and Deputy Director of Safety and Inspections as specified by Chapter 12 of the Charter of the City of Saint Paul Section 12.03.2(H) thereof. Laid over to January 18 for third reading/public hearing SUSPENSION ITEMS Council President Lantry said two items were being brought in under suspension due to timing issues. Page 5City of Saint Paul January 4, 2012City Council Minutes - Final Councilmember Tolbert moved suspension of the rules. Rules suspended Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH TA 11-412 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 118500 at 2216 ELEANOR AVENUE. Councilmember Tolbert moved approval. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Council President Lantry moved suspension of the rules. Rules suspended Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH AR 11-116 Ratifying the assessment for Property Cleanup Services during August 2011 at 1332 THIRD STREET EAST. (File No. J1202A, Assessment No. 128501) Council President Lantry moved approval. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 6City of Saint Paul January 4, 2012City Council Minutes - Final The meeting was recessed at 3:37 p.m. PUBLIC HEARINGS The Council reconvened for public hearings at 5:30 p.m. Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark and Councilmember Chris Tolbert Present 5 - Councilmember Dan Bostrom and Councilmember Dave ThuneAbsent2 - Ord 11-10524 Amending Chapter 183 of the City of Saint Paul Legislative Code pertaining to human rights. No one appeared in opposition; Councilmember Carter moved to close the public hearing. Laid over to January 11, 2012 for final adoption Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark and Councilmember Tolbert 6 - Nay:0 Absent:Councilmember Thune1 - Councilmember Bostrom arrived. Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark and Councilmember Chris Tolbert Present 6 - Councilmember Dave ThuneAbsent1 - Ord 11-12025 Amending Chapter 185 of the Legislative Code to move debarment determinations from the City Council to the Department of Human Rights and Equal Employment Opportunity. No one appeared in opposition; Councilmember Carter moved to close the public hearing. Laid over to January 11, 2012 for final adoption Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark and Councilmember Tolbert 6 - Nay:0 Absent:Councilmember Thune1 - Page 7City of Saint Paul January 4, 2012City Council Minutes - Final RES PH 12-12 26 Approving the application of O'Gara's Bar & Grill for a sound level variance to allow the use of a P.A. system and to present amplified music from 9:00 p.m. until 1:00 a.m. on January 14, 2012 at 164 Snelling Avenue N. No one appeared in opposition; Councilmember Carter moved to close the public hearing and approve the resolution. Mr. O'Gara appeared. He came down in case there were any questions. This is in conjunction with the Red Bull event; they are doing a post party. This will be an economic impact in Saint Paul. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark and Councilmember Tolbert 6 - Nay:0 Absent:Councilmember Thune1 - Councilmember Thune arrived. Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dave Thune and Councilmember Chris Tolbert Present 7 - RES PH 12-227 Ratifying the assessment for above-standard lighting on the north side of Ford Parkway between Finn Street and Cleveland Avenue. (File No. 19124, Assessment No. 115101) No one appeared in opposition; Councilmember Tolbert moved to close the public hearing and approve the resolution. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 8City of Saint Paul January 4, 2012City Council Minutes - Final LEGISLATIVE HEARING ITEMS REQUIRING DISCUSSION RES 11-47128 Ordering the razing and removal of the structures at 260 MARIA AVE within fifteen (15) days after the April 20, 2011 City Council Public Hearing. (Public hearing continued from October 5) No one appeared in opposition; Council President Lantry moved to close the public hearing and lay the matter over to June 13, 2012. Laid over to June 13, 2012 Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH FCO 11-569 46 Appeal of James Warren to a Fire Certificate of Occupancy Correction Notice at 812 ATLANTIC STREET. (Public hearing continued from January 4) Moermond appeared and stated this is because of the weather right now. It is almost impossible to do driveway work. She is asking for it to be sent back to Legislative Hearings for when it is warmer. No one appeared in opposition; Councilmember Bostrom moved to continue the public hearing to May 16. Laid over to the May 16, 2012 Public Hearing Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH AR 11-114 29 Ratifying the assessments for Collection of Vacant Building Fees Services from August 2011. (File No. VB1201, Assessment No. 128800) No one appeared in opposition; Councilmember Thune moved to close the public hearing. Thune would like to delete 413 Robie from the assessment roll. Guadalupe Area Project is going to do a green demolition and building a new house there with students. Thune moved to adopt the resolution as amended. Adopted as amended Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 9City of Saint Paul January 4, 2012City Council Minutes - Final RLH SAO 11-42 64 Appeal of John Krenik to a Summary Abatement Order and Correction Notice at 1270 CLEVELAND AVENUE SOUTH. Tolbert recommends granting an extension to August 31 to remove the exterior storage. Moermond stated this is a cleanup issue what is largely construction materials. She has photographs to show. Some materials have been removed. (Moermond showed photos.) Moermond said there are bricks, lumber, trusses, blue tarp, concrete mixers, toys, shovels, ladder. There is accumulation in the yard. One question is the deadline of what should be removed from the yard. Her recommendation is to grant an extension to August 31 to remove the items entirely. Right now the compliance date is that he has existing building permit pulled on this property. One of the arguments Krenik will make is that he has an existing permit, but that does not trump exterior maintenance concerns and does not mean these things can be definite. Lantry asked when the original orders were given. Moermond stated the summary abatement order was issued on November 22, as was the correction notice. And her recommendation is to give them until August 31 to allow them the full summer construction season to deal with the items in the yard instead of requiring the items to be removed precipitously. John Krenik stated he was just released from the hospital a few hours ago. If he becomes light headed, he will have to sit down. Some of the photos have been resolved back in November. He has a large yard of 1 1/3 acre. (Krenik passed around photos.) Krenik said one picture was taken over Thanksgiving. The leaves were in bags that were taken to the recycling. There were no bags or nothing in front of the house. Thune asked does he need more time than August to clean it out. Krenik responded yes. Krenik stated the issue are things leaning against the house. This was taken the same day. There are no items against the house. Lantry stated if the items are removed, then it is moot. Krenik responded that Moermond brought it up, so he wanted to reiterate. He built this building in the Midway area, Stark's ward, and he had additional materials. There are nice block structure that he wanted to replicate at his property in Highland. He got building permit to use the block that he had. On December 12, he had additional building materials put there to finish the project. These are blocks, wrapped in plastic, off the ground. This is several thousands of dollars worth of materials brought onto the site to invest in Saint Paul The issue with the date is that Krenik is asking for October 31, which is sooner than state law requires. (Krenik showed and read from a letter from Mr. Paul.) He asked for October 31 as the end of the construction period because the building will take a lot of intricate work. Krenik also has a letter from Mr. Paul about the stair issue as being okay. Also, he has a document that backs up his one year claim. Moermond ruling of August 31 is in violation of city ordinance and state ordinance. He has a document that backs up the one year claim that Moermond's ruling of the 31st is in violation of city ordinance Page 10City of Saint Paul January 4, 2012City Council Minutes - Final and state ordinance that is conformed by the case of Sachs versus the City of Morrison. He has a copy of that. This backs up the line should be November 2012 instead of August. Krenik passed around two pictures. This is why he asked for a layover to address two issues with the building inspector involved here. When the City inspector came out to his property, he has to walk by this other property to get to his property. (Krenik had pictures of other properties.) Krenik stated this is October 2010 and December 2011. The inspector has not done anything about it. Lantry stated he would like to get back to his property. She asked if he had called in the other properties. Krenik responded that he asked Mr. Essling to take care of that. Essling stated that he does not look at on site issues and it has to be called in. There are two windows that Krenik has broken. He has a lawn tractor. He did knock out two windows. He has the sashes orders and they are coming. He recognizes that is an issue and that will be rectified along with everything else. The materials are just for his construction project. He only asks that he has until November 2012. Moermond and he are close in agreement of the time. He asked for the City law to be interpreted equally among people. Tolbert moved to close the public hearing. Yeas - 7 Nays - 0 Tolbert asked how long the materials have been at the property. Moermond responded there are a lot of orders issued for vehicles and other things. Inspector indicated the materials have been there since summer but things are changing as projects go on: boards are used, disappear, more appear, etc. Tolbert asked about the state law Krenik talked about. Moermond deferred to the deputy City Attorney Jerry Hendrickson. The exterior maintenance code is distinct from a building permit. Stark stated there is a lot of exterior storage, various things over a period of time, and there is now building materials. How reasonable is it for building materials to stay out. Moermond responded it is not legal storage outside sheds and garages for building materials. The City tries to be reasonable: for example if you are roofing a house, shingle pallets will be out. It is a question of how much time these things will take. It seemed more than reasonable to require this to be done by the end of summer. And that allows to, if there are additional enforcement action, there is a time period in the fall when the project could be completed. Thune asked about the photograph with bricks wrapped on the pallets. It did not seem unreasonable to allow people to store things properly off the ground while they are doing a project. At Penfield, they are going to put materials on the City park during the construction. If they are stored properly, he personally would not have a problem with it. Lantry said the insulation should be used within the next ten months. Some people need a time line to shoot for. To shoot for August 1 date, then revisit the item, that is one way to do it. Moermond stated that for the sake of the enforcement officers, she would ask for a definitive end date so the inspector knows the date. Lantry responded there should be interior storage by August 31. By August 31, there should be an enclosed Page 11City of Saint Paul January 4, 2012City Council Minutes - Final structure to put those things in, even if it is not completely done. . Tolbert said this project needs to get going and he moves Moermond's recommendation. Adopted. Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH TA 11-462 65 Ratifying and Spreading the Appealed Special Tax Assessment for Real Estate Project No. VB1201, Assessment No. 128800 at 394 CLIFTON STREET Moermond stated this is a simple amendment to spread over two years. Krenik stated there have been no public complaints against his property; it was only Essling (inspector). Thune closed the public hearing and moved to approve spreading the assessment over two years. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH FCO 11-39 83 Appeal of Edward Valdes to a Fire Certificate of Occupancy Correction Notice at 168 GEORGE STREET EAST. Moermond stated the appeal has been withdrawn as the owner has complied with the orders. Withdrawn RLH RR 11-88 93 Ordering razing and removal of the structures at 81 JESSAMINE AVENUE WEST within fifteen (15) days after the January 4, 2012 City Council Public Hearing. (Public hearing continued from January 4) Moermond stated this is an interesting structure and rather large. Taxes have not been paid for a while, and it is scheduled to go tax forfeit at the beginning of August. Brendmoen stated she was briefed on this and would like to lay it over to February 1. Laid over to the February 1, 2012 Public Hearing Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 12City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-448 91 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. VB1201, Assessment No. 128800 at 569 JEFFERSON AVENUE. Moermond's recommendation is approval. Moermond stated this has been abandoned for 4 to 5 years. There is a vacant building fee. The file was open in July 2009. She was hoping to see some progress. She would hope to use the vacant building fee to see some progress. There does not seem to be an end in the foreseeable months. Moermond's recommendation is approval. Robert Orth, 569 Jefferson, said the question is whether it is a fee or tax. It is clearly a tax and not a fee. He has gotten two homes off the list. He opposes the vacant building fee, which is actually a tax. He called Thune twice. He had requested to get a copy of all expenses and revenues on this. He did not get this until today. These inspectors go out everyday and look at vacant buildings. They drive around and write up properties. From the City, he got only expenses incurred and approved; not all the fees from all the properties. At the hearing, the inspector said these see these properties every two weeks. There are 1900 properties and they see them 15,000 times a year, they go around 8 times a year. That figure is exaggerated by 70%. They are going around once every month and a half. Orth says there are two things: 1) The vacant building fee is exaggerated. For the expenses, there is no revenue the inspectors get for going around everyday. Senty looks at 9 properties, but Orth can 50 vacant properties in one day. This is not a vacant building fee; this is a vacant building tax. 2) There is a paralegal that makes as much as a city attorney. There are four inspectors and 17 people that get paid over $100,000 a year to get to this $2 Million budget. These rates are exorbitant. There are expenses and revenues. What he has is the expenses. There are no revenues for what is occurred for them writing up all of these. Lantry stated this is not a general policy discussion on whether the vacant building fee is appropriate. Orth said that the vacant building is discriminatory against those who buy the vacant building. His house had been proved that the plumbing is good. A person has a freedom to live in a house. If I buy a vacant house, the next day it is assessed this rate. I have to adhere to rules that no one else has to adhere to. If I buy my house for ten years and it is not up to 2007 codes, I have to pull all the plumbing out and spend tens of thousands of dollars while others can buy a house as is. There has to be some uniformity for everyone to buy a house whether it is vacant or not. When it is purchased from the bank, it is no longer vacant. Every house that is sold should adhere to a certain minimum quality. Once this house is purchased by an individual, it is no longer a vacant building. The banks are not going to fix it up. This is a sore issue of basic freedom of one complete group. Everyone here would have to pull out their plumbing to bring it up to 2007 standards. Thune moved to close the public hearing. He appreciates what Mr. Orth said, but this is a policy issue. Mr. Thune did not hear any testimony that the property is not vacant. He would move the recommendation of the Legislative Hearing Officer. Adopted Page 13City of Saint Paul January 4, 2012City Council Minutes - Final Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH OA 11-898 Appeal of Benjamin Roberts to an Inspection Appointment at 808 LAUREL AVENUE. Moermond stated that Roberts wanted this property taken out of the fire certificate of occupancy program. She asked for documentation that the property was owner occupied. That documentation was not forthcoming. Moermond recommends denial. No one appeared in opposition; Councilmember Carter moved to close the public hearing and approve the resolution as amended (grant the appeal). [This information was inadvertently omitted from Ms. Moermond's staff report: On December 21, 2011, Mr. Robert provided documentation showing that Ms. Carol Dawson has been added to the title. Therefore, Ms. Moermond recommends granting the appeal.] Adopted as amended Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH TA 11-418 101 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 230 MAPLE STREET. Moermond would like to refer this back into Legislative Hearing. No one appeared in opposition; Lantry moved to continued public hearing to February 1. Laid over to the January 17 Legislative Hearing and the February 1 City Council Public Hearing Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 14City of Saint Paul January 4, 2012City Council Minutes - Final RLH RR 11-90 104 Ordering the rehabilitation or razing and removal of the structures at 594 MARYLAND AVENUE WEST within one hundred twenty (120) days after the January 4, 2012 City Council Public Hearing. (Public hearing continued from January 18) Legislative Hearing Officer Marcia Moermond stated the property is going through site plan review, which should be concluded before the next public hearing. No one appeared in opposition; Council President Lantry moved to continue the public hearing to January 18. Laid over to the January 18 City Council Public Hearing Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH SAO 11-41 105 Appeal of Michael Ahrndt to a Summary Abatement Order at 1901 MARYLAND AVENUE EAST. Moermond stated this is a summary abatement order, which orders the building boarded because it was found to be occupied after it had been ordered vacated. In the hearing she recommended the appeal granted if remained empty between the Legislative Hearing and this public hearing. It has been vacant; therefore, she would recommend the Council not order the building boarded at this time. No one appeared in opposition; Bostrom moved to close the public hearing and approve. Adopted as amended Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 15City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-431 58 Reducing the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 1359 BURR STREET. Moermond stated this is an assessment for a substantial cleanup. There was scrap wood, metal, etc. Owner argued that he did not get a notice, the owner was shocked at the amount of the assessment. Moermond stated there was a lot of stuff taken out of yard. This is an appropriate assessment for the work that was done. She was giving him a little credit and taking $100 off. Bill Acree said not that much was removed there. The grass in the back was kind of high. He got the notice in terms of the assessment. He did not receive the two letters that were sent. He did not feel that was fair. His case is simple. Brendmoen stated she checked out the property. She asked was it vacant now because there were concrete boards there. Krieg responded right after the Legislative Hearing, he got letter, he called the inspector, they said they would board it up. When he got back in town, he called the inspector and told him he would be right over there to board it up. This was over the weekend, but there was a truck there already boarding up my house. In addition to boarding it up, he had several broken windows because the company that boarded it up did not care. They damaged quite a few windows. They took the front door off the house and threw it off the side. The screens were there and air conditioning on the three season porch, and the were thrown out. Brendmoen asked was he living there at the time. Acree responded he lives in Maplewood. He does not mind paying the fee if he is liable, but he did not get the notice. Brendmoen moved to close the public hearing. She then moved the recommendation of Moermond. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH VBR 11-87 106 Appeal of Michael Ahrndt to a Vacant Building Registration Requirement at 1901 MARYLAND AVENUE EAST. Moermond stated Mr. Ahrndt left after the hearing on his other item. She can hold her report until he returns. She recommends denying the appeal; it should be a registered vacant building. Thune moved to close the public hearing and approve the assessment. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 16City of Saint Paul January 4, 2012City Council Minutes - Final RLH RR 11-92 124 Ordering the rehabilitation or razing and removal of the structures at 718 WATSON AVENUE within fifteen (15) days after the January 4, 2012 City Council Public Hearing. (Public hearing continued from February 1) Councilmember Thune moved to continue the public hearing to February 1. Kelly Nelson, on behalf of U.S. Bank, said the bank is working to repair or demolish the property, whichever the City chooses. She said she is present to learn what the expectations were so she could report back to U.S. Bank. Councilmember Thune suggested chatting with Ms. Moermond and the District Council. No one is able to move responsibly to take care of it, and maybe it can be donated to the district council or something. Council President Lantry said it would be laid over to February 1 for that conversation to take place. Laid over to the February 1 City Council Public Hearing Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH TA 11-405 53 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No.128500 at 1420 BEECH STREET. Moermond stated she would like the assessment deleted. Appellant appeared and was unclear as to the reason for the item. Lantry explained it to her. Lantry moved to close the public hearing and approve the resolution. Adopted Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 Page 17City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-445 97 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201B, Assessment No. 128100 at 2006 LARPENTEUR AVENUE EAST. Moermond stated this is a no show for the Legislative Hearing. Property manager appeared. Moermond said it can be referred back to Legislative Hearing to January 17 and February 1 City Council Meeting. Bostrom moved to continue the public hearing to February 1. Laid over to the January 17, 2012 Legislative Hearing and February 1 City Coucil Public Hearing Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 RLH TA 11-422 121 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. CRT1201, Assessment No. 128200 at 1609 UPPER AFTON ROAD. Moermond stated this is a no show. Property manager stated she does not manage this one. This is not rental property any longer, so they do not need to pay for a rental license this year. They rented it out as one unit earlier. (She explained who lived there.) Lantry explained that this would need to be proved at the Legislative Hearing. Property Manager asked what is needed to prove that. Lantry responded however you prove you live someplace. They were renting out the basement, too. There needs to be a chat about that, too. Property Manager responded they were renting it out as one unit. Lantry responded that there should not be renting at all. Property Manager responded that before they were renting it out. They had guests staying there. Moermond stated this bill was issued in July for inspection services. Property Manager responded the renter was evicted on June 30. Moermond stated it was actually a rental property. The fire certificate of occupancy inspection did occur. Those are the fees they are talking about. She would recommend approval. To get out of the rental program, Lantry said, they need to schedule something with Ms. Moermond. The Council will approve this one because they were using the services. It was a rental property until June 30. Property manager concurred. Lantry stated this is the annual certificate of occupancy fee. Since it was a rental property, they are going to pay for it. She is familiar with this property. There have been many inspections. She would suggest that they were in the certificate of occupancy program and the City will charge them for services provided. Lantry moved to close the public hearing and approve the resolution. Adopted Page 18City of Saint Paul January 4, 2012City Council Minutes - Final Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 LEGISLATIVE HEARING CONSENT AGENDA Note: Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. No one appeared in opposition; Councilmember Bostrom moved approval of the balance of the Legislative Hearing Consent Agenda. Consent Agenda Adopted as amended RLH AR 11-119 30 Ratifying the assessments for Trash Hauling Services from September 1 to 28, 2011. (File No. J1202G, Assessment No. 128701) Adopted RLH AR 11-104 31 Ratifying the assessments for Collection of Certificate of Occupancy Fees from August 2011. (File No. CRT1201, Assessment No. 128200) Adopted RLH AR 11-106 32 Ratifying the assessments for Graffiti Removal Services from July 20 to 24, 2011. (File No. J1201P, Assessment No. 128400) Adopted RLH AR 11-107 33 Ratifying the assessments for Property Cleanup Services from July 28 to August 31, 2011. (File No. J1201A, Assessment No. 128500) Adopted RLH AR 11-108 34 Ratifying the assessments for Trash Hauling Services from August 3 to 31, 2011. (File No. J1201G, Assessment No. 128700) Adopted RLH AR 11-109 35 Ratifying the assessments for Demolition Services from August 2011 (NON-CDBG Funds). (File No. J1201C, Assessment No. 122000) Adopted RLH AR 11-115 36 Ratifying the assessments for Demolition Services from August 2011 (CDBG Funds). (File No. J1202C, Assessment No. 122001) Adopted Page 19City of Saint Paul January 4, 2012City Council Minutes - Final RLH AR 11-117 37 Ratifying the assessments for Boarding and/or Securing Services in August 2011. (File No. J1201B, Assessment No. 128100) Adopted RLH AR 11-118 38 Ratifying the assessments for Excessive Inspection Services during July 2011. (File No. J1201E, Assessment No. 128300) Adopted RLH AR 11-120 39 Ratifying the assessments for Graffiti Removal Services from July 20 to September 15, 2011. (File No. J1202P, Assessment No. 128401) Adopted RLH AR 11-140 40 Ratifying the assessments for Tree Removal services for June and July 2011 (File No. 1201T, Assessment No. 129000). Adopted RLH TA 11-394 41 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201P, Assessment No.128400 at 174 SIXTH STREET EAST. Adopted RLH TA 11-449 42 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201E, Assessment No. 128300, at 950 SIXTH STREET EAST. Adopted RLH OA 11-17 43 Recommending that the Ramsey County Board of Commissioners deny the application of Nhia Xiong Vang for repurchase of tax forfeited property at 781 SEVENTH STREET EAST. Adopted RLH FOW 11-255 44 Appeal of Tab Properties, on behalf of Jenna Anderson, to a Fire Certificate of Occupancy Correction Notice at 1199 ALBEMARLE STREET. Adopted RLH TA 11-461 45 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. VB1201, Assessment No. 128800 at 392 ARBOR STREET. Adopted Page 20City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-425 47 Deleting the Appealed Special Tax Assessment for Real Estate Project No. CRT1201, Assessment No. 128200 at 920 ATLANTIC STREET. Adopted RLH FOW 11-256 48 Appeal of Robert Herzog to a Fire Certificate of Occupancy Correction Notice at 1622 ATLANTIC STREET. Adopted RLH TA 11-446 49 Deleting the Appealed Special Tax Assessment for Real Estate Project No. VB1201, Assessment No. 128800 at 786 AURORA AVENUE. Adopted RLH TA 11-417 50 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 916 AURORA AVENUE. Adopted RLH TA 11-411 51 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 929 AURORA AVENUE. Adopted RLH TA 11-416 52 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No.128500 at 698 BEDFORD STREET. Adopted RLH TA 11-426 54 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 1564 BEECH STREET. Adopted RLH TA 11-459 55 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201B Assessment No. 128100 at 651/653 BURR STREET. Adopted RLH TA 11-453 56 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1202P, Assessment No. 128401 at 653 BURR STREET. Adopted Page 21City of Saint Paul January 4, 2012City Council Minutes - Final RLH VO 11-118 57 Appeal of Roberto Rodriguz to a Certificate of Occupancy Revocation and Order to Vacate 881 BURR STREET. Adopted RLH TA 11-440 59 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201E, Assessment No. 128300 at 980 BUSH AVENUE. Adopted RLH TA 11-419 60 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No.128500 at 1165-1167 BUSH AVENUE. Adopted RLH TA 11-434 61 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 754 CHARLES AVENUE. Adopted RLH FOW 11-266 62 Appeal of Delanghe Estates LLC (Sarah Vogt) to a Fire Certificate of Occupancy Correction Notice at 2012 CLEAR AVENUE. Adopted RLH TA 11-421 63 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. CRT1201, Assessment No. 128200 at 359 CLEVELAND AVENUE NORTH. Adopted RLH TA 11-447 66 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201E, Assessment No. 128300 at 253 & 255 COLBORNE STREET. Adopted RLH TA 11-401 67 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201G, Assessment No.128700 at 612 COOK AVENUE EAST. Adopted RLH TA 11-455 68 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201E, Assessment No. 128300 at 693 COOK AVENUE EAST. Adopted Page 22City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-432 69 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No.128500 at 954 COOK AVENUE. Adopted RLH TA 11-437 70 Reducing the Appealed Special Tax Assessment for Real Estate Project No. 1201T, Assessment No. 129000 at 469 DAYTON AVENUE. Adopted RLH FCO 11-556 71 Appeal of Alvin Henke to a Fire Certificate of Occupancy Correction Notice at 878-880 DAYTON AVENUE. Adopted RLH TA 11-427 72 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 2076 DAYTON AVENUE, UNIT ONE. Adopted RLH TA 11-428 73 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 2076 DAYTON AVENUE, UNIT TWO. Adopted RLH TA 11-429 74 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 2076 DAYTON AVENUE, UNIT THREE. Adopted RLH TA 11-430 75 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 2076 DAYTON AVENUE, UNIT FOUR. Adopted RLH TA 11-460 76 Deleting the Appealed Special Tax Assessment for Real Estate Project No. CRT1201, Assessment No. 128200 at 1032 DULUTH STREET. Adopted RLH AR 11-133 77 Amending the assessment at 730 EARL STREET for collection of delinquent vacant building fees re-invoiced for August and September 2009. (File No. VB0907, Assessment No. 108747. Approved in 2010) Adopted Page 23City of Saint Paul January 4, 2012City Council Minutes - Final RLH RR 11-80 78 Ordering the razing and removal of the structure(s) at 910 EDMUND AVENUE within fifteen (15) days after the November 16, 2011 City Council Public Hearing. (Public hearing continued from November 16, 2011) Adopted RLH TA 11-479 79 Reducing the Appealed Special Tax Assessment for Real Estate Project No. J1203A, Assessment No. 128502 at 1543 EUCLID STREET. Adopted RLH TA 11-436 80 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 1315 FREMONT AVENUE. Adopted RLH TA 11-402 81 Reducing the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 717 FRY STREET, AKA 1642 MINNEHAHA AVENUE WEST. Adopted RLH TA 11-403 82 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201G, Assessment No. 128700 at 717 FRY STREET, AKA 1642 MINNEHAHA AVENUE WEST. Adopted RLH FOW 11-257 84 Appeal of Bill Wengler to a Fire Certificate of Occupancy Correction Notice at 833 GRAND AVENUE. Adopted RLH TA 11-424 85 Deleting the Appealed Special Tax Assessment for Real Estate Project No. CRT1201, Assessment No. 128200 at 236 GRAND AVENUE. Adopted RLH TA 11-415 86 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No.128500 at 1618 GROTTO STREET NORTH. Adopted RLH WP 11-121 87 Appeal of Mitchell Caron, Usonia Properties LLC, to an Egress Window Non-Compliance Determination at 2058 HAWTHORNE AVENUE EAST. Adopted Page 24City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-406 88 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 1571 HAZELWOOD STREET. Adopted RLH FCO 11-557 89 Appeal of John Schoenfelder and Renee Laurent Schoenfelder to a Fire Certificate of Occupancy Correction Notice at 1879 HOYT AVENUE. Adopted RLH TA 11-438 90 Deleting the Appealed Special Tax Assessment for Real Estate Project No. VB1201, Assessment No. 128800 at 1840 IDAHO AVENUE EAST. Adopted RLH TA 11-452 92 Deleting the Appealed Special Tax Assessment for Real Estate Project No. VB1201, Assessment No. 128800 at 530 JENKS AVENUE Adopted RLH TA 11-409 94 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 735 JESSIE STREET. Adopted RLH TA 11-413 95 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 1218500 at 663 LAFOND AVENUE. Adopted RLH TA 11-443 96 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1202P, Assessment No. 128401 at 1338 LAFOND AVENUE. Adopted RLH WP 11-126 99 Appeal of Chamee Her to an Egress Window Non-Compliance Determination at 1725 LOUISE AVENUE. Adopted RLH FCO 11-535 100 Appeal of Xuan Hguyen to a Fire Certificate of Occupancy Correction Notice at 1227 MAGNOLIA AVENUE EAST. Adopted Page 25City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-423 102 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 525 MARYLAND AVENUE EAST. Adopted RLH RR 11-89 103 Ordering the razing and removal of the structures at 576-586 MARYLAND AVENUE WEST within fifteen (15) days after the January 4, 2012 City Council Public Hearing. Adopted RLH TA 11-400 107 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 164 MILFORD STREET. Adopted RLH TA 11-420 108 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No.128500 at 545 MINNEHAHA AVENUE EAST. Adopted RLH TA 11-433 109 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 760 MINNEHAHA AVENUE EAST. Adopted RLH FOW 11-251 110 Appeal of Ryan Ferguson, on behalf of Ryan Partners, to a Fire Certificate of Occupancy Inspection Correction Notice at 667 OTSEGO STREET. Adopted RLH TA 11-439 111 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201P, Assessment No. 128400 at 565 PASCAL STREET NORTH. Adopted RLH TA 11-454 112 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1202G, Assessment No. 128701 at 1615 PINEHURST AVENUE. Adopted RLH WP 11-122 113 Appeal of Keven Steen, Wellington Window & Door Company, on behalf of Kendra Liu, to an Egress Window Non-Compliance Determination at 2099 PINEHURST AVENUE. Adopted Page 26City of Saint Paul January 4, 2012City Council Minutes - Final RLH TA 11-399 114 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 1127 REANEY AVENUE. Adopted RLH VBR 11-89 115 Appeal of Kiem Dao to a Vacant Building Registration Notice at 1221 RICE STREET. Adopted RLH RR 11-91 116 Ordering the razing and removal of the structures at 155 RUTH STREET NORTH within fifteen (15) days after the January 4, 2012 City Council Public Hearing. Adopted RLH TA 11-408 117 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No.128500 at 1428 SHERBURNE AVENUE. Adopted RLH TA 11-435 118 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 1752 STILLWATER AVENUE. Adopted RLH TA 11-451 119 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 2022 STILLWATER AVENUE. Adopted RLH TA 11-457 120 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201E, Assessment No. 128300 at 1424 UPPER AFTON RD. Adopted RLH TA 11-414 122 Reducing the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 1347 VAN BUREN AVENUE. Adopted RLH TA 11-410 123 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1201A, Assessment No. 128500 at 984 WAKEFIELD AVENUE. Adopted Page 27City of Saint Paul January 4, 2012City Council Minutes - Final RLH VO 11-120 125 Appeal of Matthew Ladwig, Ladwig Companies, to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 32 WHEELER STREET SOUTH. Adopted RLH FOW 11-258 126 Appeal of Kawkheelar Hsa Moo to a Fire Certificate of Occupancy Correction Notice at 354 WHEELOCK PARKWAY EAST. Adopted RLH TA 11-442 127 Deleting the Appealed Special Tax Assessment for Real Estate Project No. J1202P, Assessment No. 128401 at 617 WHITALL STREET. Adopted ADJOURNMENT Adjourned at approximately 6:40 p.m. Adjourned Yea:Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 7 - Nay:0 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 28City of Saint Paul Page 1 City of Saint Paul City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Phone: 651-266-8560 City Council Minutes - Final Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Melvin Carter III Councilmember Russ Stark Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, January 11, 2012 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dave Thune and Councilmember Chris Tolbert 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. Approval of the Consent Agenda Councilmember Bostrom moved approval of the consent agenda. Consent Agenda Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 1 RES 12-68 Authorizing the Department of Parks and Recreation to renew a five-year lease agreement with Como Friends for office space at Como Park Zoo and Conservatory's Zoological Building. Adopted Page 2 City of Saint Paul 2 RES 12-67 Supporting the selection of Alternative One of the Alternatives Analysis Milwaukee-Twin Cities High-Speed Rail Corridor Program. Adopted 3 RES 12-64 Authorization for the Police Department to enter into a Joint Powers Agreement with the State of Minnesota for bomb disposal services. Adopted 4 RES 12-63 Authorizating the Police Department to remit an amount not to exceed $1,000 to cover expenses incurred from Citizen Academy specifically focused toward the Somali and East African Community. Adopted 5 RES 12-20 Memorializing City Council action taken on December 21, 2011 sustaining adverse licensing action against all licenses held by Jonah Ogiamien d/b/a Jonah Ogiamien located at 508 Snelling Avenue North. Adopted 6 RES 12-41 Approving the appointment of Nicole Wittig-Geske as Legislative Aide in Ward 3. Adopted 7 RES 12-42 Approving the appointment of Kim O'Brien as Legislative Aide in Ward 5. Adopted 8 RES 12-51 Granting preliminary approval to the issuance of certain general obligation and revenue bonds as approved in the 2012 city budget and authorizing city finance staff and advisors to take certain actions with respect to the sale of such bonds. ( 2012 spring bond sale) Adopted FOR DISCUSSION 9 CO 12-1 Presentation by the American Public Works Association (APWA), awarding the Department of Public Works the APWA accreditation status. Rich Lallier, Director, Department of Public Works, introduced Elizabeth Treadway, President-Elect of the American Public Works Association (APWA). Ms. Treadway stated that one of her duties as President-Elect is to be able to recognize excellence in service and today St. Paul's Public Works Department was being recognized as an accredited agency. APWA represents almost 29,000 public works professionals in North America as well as in other parts of the world. In 1995, the association made the decision to establish Standards of Performance for public agencies within the public works field. In that process, they established the criteria for accreditation of those agencies. St. Paul's organization is unique, she said, as it is only one of 75 who have achieved this recognition. St. Paul Public Works had to take a hard look at themselves against over 500 standards of performance and achieve an acceptable or outstanding rating within those standards. Four hundred and one of the standards apply to Public Works. Ms. Treadway said they use these to share knowledge, to establish criteria Page 3 City of Saint Paul for continuous improvement, and to recognize St. Paul's Department of Public Works. This will be in force for the next four years at which time Public Works will have an opportunity to re-establish that accreditation. Ms. Treadway presented plaques to Mayor Coleman and Public Works Director Rich Lallier. Mayor Coleman extended words of appreciation for the recognition and to Mr. Lallier for the good work done by Public Works. Mr. Lallier expressed his appreciation and said the most important thing the accreditation did for Public Works was to force them to do a very in-depth self- examination of all of the things they do. It was a several-years process which forced them to document practices and it will force them to re-look at all of those things annually or semi-annually so they can reapply for accreditation. He recognized his staff who did the work on this, and especially Paul Kurtz, the accreditation manager, and Bruce Beese who started the process over three years ago. 10 RLH FCO Appeal of Juley Viger to a Fire Certificate of Occupancy Correction Notice at 730 11-496 COMO AVENUE. (Public hearing held December 7) Councilmember Brendmoen moved to amend the resolution to extend the vacate date on the third unit to May 1, 2012 Adopted as amended Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. Final Adoption 11 Ord 11-105 Amending Chapter 183 of the City of Saint Paul Legislative Code pertaining to human rights. Councilmember Carter moved approval. Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 12 Ord 11-120 Amending Chapter 185 of the Legislative Code to move debarment determinations from the City Council to the Department of Human Rights and Equal Employment Opportunity. Councilmember Thune moved approval. Adopted Page 4 City of Saint Paul Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 13 Ord 11-121 Memorializing City Council action taken on December 7, 2011, granting the application of Fort Road Coffee Company LLC to rezone property at 1518 Randolph Avenue from B1 Local Business to T2 Traditional Neighborhood and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. [Zoning File #11-282-365] [Public hearing held December 7, 2011]. Councilmember Tolbert moved approval. Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 First Reading 14 Ord 12-1 Memorializing City Council action granting the application of Interworld Development Llc for the rezoning from B2 Community Business to T2 Traditional Neighborhood of 1773 Selby Ave and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 21, 2011) Laid over to 1/18/2012 for Second Reading SUSPENSION ITEMS Council President Lantry moved suspension of the rules. Rules suspended Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 RES 12-76 Accepting the gift of attendance for certain city officials at the Red Bull Crashed Ice VIP Viewing Party hosted by the Saint Paul RiverCentre Convention and Visitors Authority including food and non-alcoholic beverages to be served at the event. Council President Lantry stated the resolution authorizes certain city employees to attend a reception for the Crashed Ice event on January 14 and 15. Councilmember Bostrom moved approval. Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Page 5 City of Saint Paul ADJOURNMENT Councilmember Tolbert moved to adjourn the meeting. Adjourned at 3:40 P.M. Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 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 1 City of Saint Paul City Hall and Court House City Council City of Saint Paul 15 West Kellogg Boulevard Phone: 651-266-8560 Minutes - Final Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Melvin Carter III Councilmember Russ Stark Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, January 18, 2012 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark and Councilmember Chris Tolbert Absent 1 - Councilmember Dave Thune Councilmember Thune joined the meeting after roll call. COMMUNICATIONS & RECEIVE/FILE 1 CO 12-2 Letters from the Department of Safety and Inspections declaring 1901 Maryland Avenue East and 1535 Upper Afton Road as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Received and Filed 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. Approval of the Consent Agenda Items 12 and 14 were removed from the Consent Agenda for separate consideration. Page 2 City of Saint Paul Councilmember Bostrom moved approval of the Consent Agenda as amended. Consent Agenda adopted as amended Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 2 RES 12-120 Approving and authorizing the charge off of a $450,000 loan to Farmers Market Lofts, LLC. Adopted 3 RES 12-82 Approving the City's cost of providing Collection of Certificate of Occupancy Fees Services from November 2011, and setting date of Legislative Hearing for February 7, 2012 and City Council Public Hearing for March 21, 2012 to consider and levy the assessments against individual properties. (File No. CRT1204, Asmt No. 128203) Adopted 4 RES 12-84 Approving the City's cost of providing Graffiti Removal Services from June 27 to October 10, 2011, and setting date of Legislative Hearing for February 7, 2012 and City Council Public Hearing for March 21, 2012 to consider and levy the assessments against individual properties. (File No. J1204P, Asmt No. 128403) Adopted 5 RES 12-86 Approving the City's cost of providing Excessive Inspection Services during September 22 to October 27, 2011, and setting date of Legislative Hearing for February 7, 2012 and City Council Public Hearing for March 21, 2012 to consider and levy the assessments against individual properties. (File No. J1203E, Asmt No. 128302) Adopted 6 RES 12-88 Approving the City's costs for providing Tree Removal Services from December 2011, and setting date of Legislative Hearing for February 7, 2012 and City Council Public Hearing for March 21, 2012 to consider and levy the assessments against individual properties. (File No. 1205T, Asmt No. 129004) Adopted 7 RES 12-125 Approving the City's cost of providing Boarding and Securing Services during November 2011, and setting date of Legislative Hearing for February 7, 2012 and City Council Public Hearing for March 21, 2012 to consider and levy the assessments against individual properties. (File No. J1204B, Asmt No. 128103) Adopted Page 3 City of Saint Paul 8 RES 12-1 Authorizing the Fire Department to accept a donation of $450.00 from Saint Patrick's Association. Adopted 9 RES 12-46 Approving payment in the amount of seven thousand eight hundred six dollars and ninety eight cents ($7,806.98) to USAA Insurance Company as subrogee of Ryan E. Johnson, in full settlement of the claim against the City of Saint Paul, the Saint Paul Public Works Department, and Larry Anderson as a result of an accident on the 1st day of February, 2011. Adopted 10 RES 12-49 Authorizing the Department of Parks and Recreation to apply for and, if awarded, accept a grant in the amount of up to $50,000 from F.R. Bigelow foundation for supporting the evaluation work within Sprockets. Adopted 11 RES 12-50 Amending the Pension Plan of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. Adopted 12 RES 12-53 Authorizing HREEO staff to enter into an extension of the CERT Joint Powers Agreement with Hennepin and Ramsey Counties. Councilmember Tolbert said he would abstain from voting on the item to avoid any appearance of impropriety due to his work for the Hennepin County Attorney's office. Councilmember Bostrom moved approval. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark and Councilmember Thune Nay: 0 Abstain: 1 - Councilmember Tolbert 13 RES 12-57 Approving the increase in Service Availability Charges (SAC) for 2012. Adopted 14 RES 12-124 Celebrating the Saint Paul District Councils' 2011 Neighborhood Honor Roll Volunteer Awards Night on Friday, January 20, 2012. Councilmember Carter acknowledged the event and the service of the District Councils, and expressed congratulations to those being honored. He moved approval. Page 4 City of Saint Paul Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 SUSPENSION ITEM Council President Lantry moved suspension of the rules. Rules Suspended Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 RES 12-101 Approving the City of Saint Paul's 2012 Legislative Agenda. Council President Lantry thanked and expressed well-wishes for Wendy Underwood, out-going Government Relations staff member. Ms. Underwood thanked the Council. In response to questions she confirmed that language about the Alexander Ramsey House had been added, and a general statement in opposition to Constitutional amendments for the purpose of circumventing the Legislative process was included. Councilmember Bostrom moved approval. Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 FOR DISCUSSION 15 RES 11-77 Ordering the rehabilitation or razing and removal of the structures at 686 BRADLEY STREET within fifteen (15) days after the February 16, 2011 City Council Public Hearing. (Public hearing held August 17, 2011; laid over from November 16) Councilmember Thune said he was withdrawing the item because the HRA now owned the property. Withdrawn 16 RLH VO Appeal of Mireya Santamaria to a Re-Inspection Fire Certificate of 11-113 Occupancy With Deficiencies and Order to Vacate Unit 22 at 1225 WESTMINSTER STREET. (Public hearing held December 21) Page 5 City of Saint Paul Legislative Hearing Officer Marcia Moermond clarified that the original appeal before the Council was of the condemnation and order to vacate Unit 22 due to over-occupancy. She said her recommendation was to allow use of living room in the square-footage for sleeping purposes and to grant the appeal. She said the court had appointed a receiver for the properties since the December public hearing, and both buildings were inspected at 9:00 a.m. that day. She suggested that the Council act on initial appeal, and get follow-up information from the Department of Safety and Inspections (DSI) on the building in general, orders and potential work plan. She also noted for the record that all future orders were appealable to the Council by the receiver and by the tenants. Councilmember Brendmoen moved to grant the appeal. Ricardo Cervantes, DSI Director, provided a brief update on the receivership and the results of the inspection. He said repairs since the December inspections had been minimal and additional orders were issued. He said a meeting with the receiver was scheduled for the following day, and the receivership agreement allowed for funds beyond those collected in rent to be expended on repairs. He noted that the receiver was experienced in dealing with cases such as this and much worse, and said he had stressed to the receiver the importance of communicating well with the tenants and with the other interested parties. He said a goal of the meeting with the receiver was to set priorities and benchmarks, and DSI had already begun that process. He said a referral had been made to the City Attorney's Office in regards to criminal prosecution of the current owners. Councilmember Brendmoen thanked Mr. Cervantes. She said she remained concerned about the safety and well-being of the tenants as well as the neighbors, and would appreciate ongoing communication. Councilmember Carter asked how many life safety issues there were. Mr. Cervantes said they didn't have that number, but DSI wouldn't allow continued occupation if they felt the tenants were in imminent danger. Councilmember Stark asked whether there was an overall timeline. Mr. Cervantes said there was not yet. Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Page 6 City of Saint Paul 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. Second Reading 17 Ord 12-1 Memorializing City Council action granting the application of Interworld Development Llc for the rezoning from B2 Community Business to T2 Traditional Neighborhood of 1773 Selby Ave and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 21, 2011) Laid over to January 25 for third reading Councilmember Bostrom noted the passing of retired police officer and former Council member William Konopatzki. The meeting was recessed at 3:54 p.m. PUBLIC HEARINGS The Council reconvened for public hearings at 5:30 p.m. Present 5 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, City Council President Kathy Lantry, Councilmember Russ Stark and Councilmember Chris Tolbert Absent 2 - Councilmember Melvin Carter III and Councilmember Dave Thune Councilmember Carter arrived after roll call. Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark and Councilmember Chris Tolbert Absent 1 - Councilmember Dave Thune Items 18 and 19 were considered following Item 21. 20 Ord 11-119 Administrative Ordinance establishing the position of Deputy Director of Financial Services of the Office of Financial Services, Deputy Director of Libraries of the Saint Paul Public Library Agency, and Deputy Director of Safety and Inspections as specified by Chapter 12 of the Charter of the City of Saint Paul Section 12.03.2(H) thereof. Page 7 City of Saint Paul No one appeared in opposition; Councilmember Stark moved to close the public hearing. Laid over to January 25, 2012 for Final Adoption. Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Thune Councilmember Thune arrived during the discussion for Item 21. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dave Thune and Councilmember Chris Tolbert 21 RES PH 12-3 Final Order approving the bikeway improvements on Griggs Street between Summit Avenue and Minnehaha Avenue. (File No. 19128, Assmt No. 125100) Emily Erickson, City's Sustainable Transportation Planner, appeared and reported that the bikeway is born out of adopted city's plans. One of the specific policies is to promote bicycle-boulevard as a new type of bikeway. The one on Griggs will include traffic circles. ( Erickson went into detail about the circles.) They are raised circular items. They direct all the traffic in a certain direction. You would use traffic circles to slow traffic down, provide space for enhancements, reduce conflict, and vehicles are reduced by 75%. As well as decreasing the apparent number of crashes. (Erickson showed a PowerPoint) In opposition: Shane Perry, 1269 Dayton Avenue, stated that there was nothing to be done about the plans. In two evenings, there were 38 people petitioning saying don't do this. The traffic rounds don't make sense. There is a short block from Selby and Marshall. There is already a stop light there. It is less than a block long. School buses do not make it around. They are 40 feet long, and they had not talked to the school. This is anecdotal, but they were asked to move them around because it poses a danger to the children. People cannot turn off on those things very well. In a short period of time, the planning did not take into account most of the people that live there. Despite their attempts at notifying people, people did not know about it. He has been there for many years, and he has not seen someone visually impaired walking across there. They would not listen to him at the first meeting. They are not navigable with the plowing and buses. Neil Roper, 1230 Edmund Avenue, stated he is looking at this from 3 aspects: bicyclist, motorist, taxpayer. As a bicyclist, he has ridden this route hundreds of time. He is aware of the safety issue. An automobile up against the person, the auto will win every time. The two safest places are the streets in Saint Paul. The lower the number of cars, the safer they are. If it isn't broken, why fix it? When looking at the entire route, he likes the idea of a stop light at University. He has had to go to Lexington and then go across. It has gotten better with light rail construction. Traffic light on University will be a good thing. St. Anthony is a problem, but that is a problem for even automobiles. As for bump-outs, they will not help cyclists, but Page 8 City of Saint Paul maybe pedestrians. Traffic circles will slow down traffic. About four years ago, the streets were seal coated, the rocks came up, and the glue stuck to his tires. He would have to carry his bike in certain areas. The City should take care of the infrastructure. Potholes are a problem for bikes. Kathy Voss stated with all the documentation, the first opportunity was October 9. People had 11 attendees. There were 2 city employees, an interpreter, and 2 people who didn't live in the neighborhood. He can't get a straight answer on parking laws. They lost parking on Summit. They are going to lose more parking. 400 to 600 people were clocked using Griggs. Who did the counting? Everyone is being charged for lighting. She was trying to find out who Transit for Community Living is. She has lived in the community for 25 years. There have been accidents. There needs to be more consideration before plowing forward. Eleanor Shultz stated she is lucky to see one bicycle a week. As for the traffic circle, she takes that route twice a day and does not see that much traffic in the first place. Everyone stops at the two signs there. She does not understand why this is being done. Many of her neighbors are in favor of the bike or the traffic circle. People want to be heard and to be accepted as they do know what is needed in the City. Frank Chicinsky, 1252 Dayton, said he is all for bike paths and roundabouts. But, if there is not enough room, it is tough to get bigger vehicles, trash trucks, will have a problem going around those things. The other thing--bikes--they are looking at 6 to 7 months a year. Snow has got to be a real issue with plowing around these things, especially the smaller roundabouts like these. Last year, they could barely get around the corners because of the snow. There isn't that much traffic, so this is hard to grasp. Craig and Elizabeth Lindeke, 1163 Portland Avenue, said he was on the president on the Lex/Ham Community Council until October. They should delay a vote on this issue. The community council should have a community meeting. He likes a roundabout. Her ex-husband was hit by a vehicle, so a roundabout will not protect bikers from cars, said Elizabeth. Mr. Lindeke continued: there is little traffic on Portland Avenue. They could simply change the stop signs. Why would a roundabout go there? It does not make sense at all. They should try to get Lex/Ham Community Council to support or not support this plan. Lynn Anderson, 1216 Marshall Avenue, stated she has lives on her corner 15 years. She has watched that corner go from a 3 way to stop lights with bumpouts that homeowners were not consulted on to this plan. The City neighborhood council has not had a chance to have input. She would like to address the voice activated stop lights. In her house, there are flashing lights all the time coming in. Now she will hear voices all summer long with windows open. This has not been well thought out. There are other stop light options. They need to rethink this. Her taxes have gone up. She does not know anyone whose taxes have gone up that much. She has not improved her property. This is a burden on the taxpayer. Snow plan removal is not able to be done because they cannot afford it. She would ask for the consideration. She has spoken out about this. She would ask the Council to listen to constituency. Mary Perry, 1269 Dayton, said she would like to see a show of hands for the people who are against this plan. She heard about the bikeway. It sounds nice. She does not object to Griggs being a bikeway street. She went to the meeting on January 10. Emily Erickson and Mr. St. Martin gave a different picture. The reason for the roundabout was that the bicyclists are not stopping at stop signs. The pedestrians do because of common sense. The motorists do. The traffic rounds and stop light should not be put in to accommodate a small number of people and for a seasonal reason to do so. It went to the transportation and planning meeting. She would have Page 9 City of Saint Paul been there if she heard about it. They heard about matching funds, but she did not hear about that at the January 10 meeting. Saint Paul should not have to match funds. There are small children in the neighborhood. The children look for the stop signs and know what it means. About the t-bone idea, she contacted the police department and has not heard from them about the accident rates. She will forward that to Councilmember Carter when that becomes available. This plan should be delayed until February when the rest of the people in the neighborhood could hear about the plans for the bikeway. In support: Paul Nelson, 1678 Van Buren Avenue, stated Griggs has been an important route for years. (He spoke about the routes he has taken and shopping areas.) He rides a bicycle throughout most of the year. He works in Minneapolis. Griggs is better for walking and biking. Andy Singer, 2103 Berkeley, stated he supports designating Griggs as a bikeway. He is not picky about the treatments. The street is fairly bikeable. This street is important. (He used a map) There is a void in Saint Paul. (Spoke about what street are bikeable.) Creating a parallel route is very important. He is not picky about lighting. Is is important to create north-south routes in the City. Zhac Rahkonen, 1190 Charles, states she is new to the neighborhood. She uses many styles of transportation. She has observed Griggs and sees people speed down Griggs. She is in favor of some traffic calming treatments. She sees people bicycling on Griggs. Every morning she sees 3 people bicycling, although perhaps it is the same 3 people. She approves the traffic circles. Jim Ivy, 300 Wall Street, stated there has been a lot of support for bike route, treatments. Almost a unanimous consensus for bike routes. Getting people from the Central Corridor is very difficult. They are just going east-west is not very useful. Stark moved to close the public hearing. Yeas - 7 Nays - 0 Stark stated he appreciates all the testimony. There has been a lot of public process. The tax assessments for the lighting improvements are between St. Anthony and University. All the properties are listed because the project is for the whole area. There is a circle at Charles and Albert. There are 9 circles in Saint Paul. They are not a problem for the plow drivers, and Public Works supports the circles. Switching stop signs is not a bad idea. If you switch all the stop signs, you essentially create a speedway. You don't want to flip all the stop signs around. There have been meetings. The district councils have been informed about the Council's process, and they chose to not have meetings. They have been able to weigh in from day one. Some of the cyclists have talked about the north-sounds routes. Everyone agrees that the bike routes are a good idea. In case of the traffic circle, he only heard from one person. There was a survey online with a number of people who are in favor. Carter stated he would agree. There has been extensive campaign around this. They have invited folks to the conversation. Loss of parking, snow. He has a few questions around snow and understanding some issues. He would like a one week layover. Stark concurred with the one week layover. Brendmoen added that she would like to see this move quickly, but there are some questions that need to be answered. Laid Over to January 25, 2012 Page 10 City of Saint Paul Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 18 Ord 11-62 Creating Chapter 375 of the Legislative Code to establish a license for Pedicabs. No one appeared in opposition; Councilmember Thune moved to continue the public hearing to April 18. Laid over to the April 18, 2012 City Council Public Hearing. Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 19 Ord 11-63 Amending Chapter 310 of the Legislative Code to impose licensure fees for pedicab vehicles and drivers. No one appeared in opposition; Councilmember Thune moved to continue the public hearing to April 18. Laid over to the April 18, 2012 City Council Public Hearing. Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 22 RES PH 12-6 Ratifying the assessment of benefits, cost and expenses for the 2011 Facade Improvement at Seestedt's, 282 Sixth Street East. (File No. 19126, Assessment No. 117000) No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 23 RES PH 12-7 Approving the construction of the 2012 Residential Street Vitality Projects (RSVP). (Laid over from January 18) Dan Haak, Public Works, stated they spoke to a lot of people for the public hearing tonight. The majority of the people are from Battle Creek and Upper Afton. Lantry stated Lisa has been sending out petitions, and she asked Lisa to bring extra petitions. They are laying over Battle Creek to February 15. The petitions should be returned before that time. Petition needs to be in by February 7. Page 11 City of Saint Paul Haak stated they could move ahead with Prior Goodrich and Hewitt Tatum. Lantry responded she would move those items forward. She would only lay over Battle Creek and Upper Afton. Lantry stated the public hearing is on Prior Goodrich, Battle Creek, Hewitt Tatum. Opposition will be first; favor after. Terry and Lenore Zimet, 1755 Bay Street, appeared. They live in a unique neighborhood. (He read statements and showed photographs.) He will not get to use his garage. He was told that he should rent a place for his things during the project He paid to build the garage, paid for a building permit, for a permit, paid a zoning fee. Cannot put his car and truck inside the garage. His car insurance will go up if he has claims on the insurance. He paid extra to put mesh wire through driveway, thicken the concrete so commercial vehicles would not crack the concrete. Now he has been told to rip it all out. He did all this. Now he has been old that it would be ripped out. He would have to pay to get it taken out and pay for it to be done again. He had put in an invisible fence. He has to pay $3,067 to pay and grade a 60 feet section. $543 for lighting. The project for him along is $3,610. (Zimet went into detail about the different expenses he has paid.) Lantry responded that there is a process to opt out. Dale Roberts, President of Metal Treaters, 859 Prior Avenue North, stated he is against the repairs for Hewitt. He has an assessment for $15,000. Running a small business has been difficult. When expenses come up, they have to decide whether it is justified. The road is in reasonably good condition. It is a narrow street. He does not see the need to assess for repair of this road. The interest of taxpayers and business owners are not in line with the City. Lynn Goughler, 26 White Bear Avenue South, said she submitted an opt out petition. There are 11 houses on that street; 10 have signed it and 1 is in Florida. It is a unique area. It is like paying City taxes for a country home. They do not want curbs, sidewalks. No one wants it and no one wants to pay for it. If it isn't broke, don't fix it. There have not been any repairs on the sewer. There have not been any repairs on the gas. This is not a project they want. Lantry stated her motion will be that anyone who has a sufficient opt out petition, they will be able to opt out of the project. Lantry added that she lives in this project also. She has a financial interest in her own assessment. Her street is part of RSVP. (Now, those in support) Dan Vacek, 1835 Englewood, stated some people want it. He is also in agreement that if it isn't broken, don't fix it. Saint Paul is really unrepresented in parkland compared to other areas are size.. His street is a gravel road. He is fine with the gravel road. Ten years ago, there was mail that the City would no longer be maintaining the roads. Now it is broken because of the potholes. Now he not opposed to the project. There is one part that he is opposed to: widening of the roads through the parks. There is a park at Tatum and Sheldon. It is all blacked in on the map they sent in the mail. There is another park they put in white. There were rumors in the neighborhood that they would pave through the park. A lot of people showed up at the public meeting. Public Works now says they have to make it smaller. A little park can be kept is original side. They talk about traffic calming a lot. There are plenty of areas that are really wide. Maybe it is the district council fault. He would like it left along, kept the way it is, and not widened. Taking a foot or two off of it is a quarter of a park. It is a big deal. Page 12 City of Saint Paul William Resler, 1899 Princeton, stated we were suppose to have it done last year. They got notice in July. It was postponed until August. Then it got postpone to later. They have a different price for this year. He wonders why: why it was delayed and why it went up so much. Melissa Hobbs, 43 Battle Creek Place, stated she had a question about the opt out. She was told they would be put at the end of the project and it would still be done, and they would pay twice as much. She asked is that true. Lantry stated a project five years from now is going to be more expensive. You can continue opting out. There will be a point that they will want the street repaired. Lisa Falk Thomas responded she said it delays it until the conclusion of the program, which will be 2020. Then, all the streets opted out will be done as one project at that point. Lantry responded that will be a decision by that future Council. She cannot speak to what a future council will do. Joanne Wright, 51 Luella Street South, stated she has received only one notice of the project. That is dated January 3. She has not seen any opt out. She is in support, but she has not received notice until now. She has a broken sewer and is concerned about that. She has had backup problems in the basement. She was told the only fix is to get it repaired at the street level. She can have hers done when the City does the project. She is disabled and is on social security disability. The $3,000 is going to be difficult to do. Lantry moved to close the public hearing. Yeas - 6 Nays - 0 Lantry said she lives on Sandralee and her street is part of this project. She has a $3,700 bill at home. She has a financial interest in her own assessment. Bruce Engelbrekt, Public Works, suggested she lay over all the projects. The petitions have to be 75% of neighbors to opt out. Lantry moved to lay over the matter to February 15. Stark stated that prices this year went up. Lantry asked about people not having access for six months. Haak responded they have to meet the minimum 20% assessment. If we assess them at the rate we told them last year, it will effect that. Stark asked if went up 17% for Public Works. Haak responded prices did go up from 2010 to 2011. It is going to be up again for 2012. They provide access to the driveway unless they are pouring concrete. There may be four days when they cannot get in and out. Otherwise, they ramp them. Tolbert asked were there any neighbors in the construction project Prior Goodrich delayed and going to be in it this year, are they paying an assessment this year. Haak responded no. Lantry stated state law is that 20% of the project cost has to come from the benefitting property. The owner has to pay for at least 20%. Haak stated he ran some numbers. He thinks there will be a 15% increase per linear foot. Page 13 City of Saint Paul Stark stated at some point infrastructure ages and there is a problem. Doing the project now may be cheaper instead of waiting for something to burst. Lantry moved to lay the matter over to February 15. Laid Over to February 15, 2012 Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 24 RES PH Authorizing the Department of Parks and Recreation to accept a grant 12-27 from Recreational Equipment Inc. (REI) in the amount of $9,750 to support volunteer programming in the area of natural resources. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the resolution. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 25 RES PH Approving the application of the Metropolitan Council for a sound level 12-15 variance to allow Central Corridor Light Rail construction, with restrictions, between 10:00 p.m. and 7:00 a.m. from January 19, 2012 to December 31, 2012 on Cedar Street between 7th Street and 11th Street. Thune moved an amendment, which comes from the Capital River Council. Yeas - 6 Nays - 0 Pamela Neal, 78 Tenth Street East, stated this a 290 unit condominium. She is objecting to the request. In the letter there is a request for additional times without additional need for public hearing. That could be a potential of 300 times or more to have construction at night. Saint Paul continues to grow. They are accustomed to a lot of noises. They have fire and ambulance, policy, planes, construction. To incur noises more in the evenings would be detrimental to all of us living there. There is also construction on Tenth Street between Robert and Minnesota. Thune came to discuss that project with the condominium owners and surprised that Thune was sponsoring this and did not come to talk to them. They received notice on January 3. They had a petition, but someone took it. Unlimited construction would be detrimental to those living above the construction site. Does not know anyone who would like to sleep hearing this noise. In the event there would be problems during the construction and they would need to be evicted. That would be difficult for some residents, some of whom are handicapped. The request should be denied during sleeping hours. If need be, they would like to allow a petition to be resubmitted from the condo association. Page 14 City of Saint Paul Paul Corrigan, 78 Tenth Street East, Pointe Condos, stated the lights and station are very close. The sound just travels up. This is the last part of the line that is built. They are really going to be paying for this. The train is a good thing. If you can imagine something that close, it is going to be loud. They come up with these variances for a reason, to allow people to sleep. How loud are those bells? They go every 7 to 8 minutes. They actually go through the windows. He can hear people yelling at that point right now. They come up with these variances for a reason. Thune moved to continue the public hearing to February 1. He will ask staff to get a hold of the building. They did run this through the district councils. It amounts to not being as scary as it looks. The variance says 365 days anytime they want, but there are a lot of things built into that. So far, this has worked out advantageously because it gets done faster. It has not been terribly disruptive as far as he knows. Public hearing continued to February 1, 2012 Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 26 RES PH Approving the application of the St. Paul Festival & Heritage 12-16 Foundation for a sound level variance in order to present amplified music from 11:00 a.m. until 9:00 p.m. from January 26, 2012 through February 5, 2012 in Rice Park. No one appeared in opposition; Councilmember Thune moved to close the public hearing and approve the resolution. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 27 RES PH Approving the petition of Semper Development to vacate a portion of 12-24 the alley in the block bounded by Larpenteur Avenue, California Avenue, Lexington Parkway, and Dunlap Street. Dr. Kurt Sundeen, 1132 Larpenteur Avenue West, stated their property abuts against the property in question. They are in favor of Walgreens. They think it will be a great addition. One thing they are opposed to: the plan is set up to block the alley on the east end. The turnaround with the wall will be difficult for trash removal, UPS, delivery trucks, American Linen. There is somewhat of a blind hill. Getting trucks into the alley would be difficult. Fire has signed off on it, but it may be difficult for them to get out of there. Neighborhood has signed off on it. There were a few times that employees could not get in that way. They are for the project and opposed to closing the alley off. Bill Hite, Jr., 1132 Larpenteur Avenue West, has a practice with Sundeen. He is wondering who will maintain the snow removal in the turnaround and where will that snow go. Their property is next door to the proposed turnaround. He does not want Page 15 City of Saint Paul the snow to end up on their property or their responsibility for the removal. John Kohler, Semper Development, stated this is the first he has heard of this concern. The neighbors say they do not want truck going up and down the alley. Based on working with staff, they would request to close the alley as directed by all of those parties. Initially, they had the alley open. It was the direction of everyone else that it be closed. Brendmoen asked about the snow removal. Kohler responded the residential neighbors said they would do it. At the turn around, any walls or anything placed for screening would be placed on the Walgreen side to push the snow from the alley. Lantry stated the alley is privately plowed. Lantry moved to close the public hearing. 6 in favor and none opposed Brendmoen moved to approve the resolution. Also, the dentist office should get in touch with her office to deal with the traffic and parking issues. The alley vacate was a critical part of the plan overall. They need to move on with that. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 28 RES PH Approving adverse action against the Cigarette/Tobacco license held 12-26 by Elwagie Foods Corp., d/b/a MNA Food Mart, 361 Earl Street. Megan Kisch stated this matter involves adverse action. They sold tobacco to a minor. This is the third violation in 18 months. He admitted the violation and wanted this scheduled before the City Council. Co-owner appeared and stated that 30 days suspension is too much for a small business. There is a proposal for 7 days suspension and $800 fine, which is more reasonable. Lantry moved to close the public hearing and confirm the recommendation of 30 days suspension Adopted Yea: 5 - Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 2 - Councilmember Brendmoen and Councilmember Carter III 29 PH 12-3 Public hearing to consider the petition of Apex Auto Salvage, Inc. to rezone the property at 198 Minnehaha Avenue East from I1 Light Industrial to I2 General Industrial. Page 16 City of Saint Paul No one wished to be heard. Thune moved to close the public hearing and grant the petition. Motion of Intent - Petition granted Yea: 5 - Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 2 - Councilmember Brendmoen and Councilmember Carter III 30 PH 12-1 Public hearing to consider the application of Wellington Management for a combined plat for Wilder Addition to Summit Park to create six residential lots (Zoning File #11-292148). Thune said that he is going to lay this over for a few weeks. The sale of the property is not going through. He has not heard directly from the person who made the petition. To sort it out, he would like a continuation of the public hearing. Thune moved to continue the public hearing to February 1. Public hearing continued to February 1, 2012 Yea: 5 - Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 2 - Councilmember Brendmoen and Councilmember Carter III LEGISLATIVE HEARING ITEMS REQUIRING DISCUSSION 31 RLH RR Ordering the rehabilitation or razing and removal of the building(s) at 11-61 499 LYNNHURST AVENUE WEST within one hundred eighty (180) days after the April 4, 2012 City Council public hearing. Moermond stated she is asking for a layover. They are working hard to meet conditions laid out. It is a complicated project. Financial institution has stepped up. Stark moved to continue to public hearing to March 21. Public hearing continued to March 21, 2012 Yea: 5 - Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 2 - Councilmember Brendmoen and Councilmember Carter III 32 RLH OA Appeal of Michael Simms to an Inspection Appointment-Rescheduled 11-23 Per Owner Request and Correction Notice-Complaint Inspection at 959 BURR STREET. (Public hearing continued from January 18) Moermond stated Brendmoen would like to lay it over. She will meet with appellant and working on a safety plan. March 7 was mentioned. Page 17 City of Saint Paul Public hearing continued to March 7, 2012 Yea: 5 - Councilmember Bostrom, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 2 - Councilmember Brendmoen and Councilmember Carter III 33 RLH TA 12-41 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1203A, Assessment No. 128502 at 1572 CASE AVENUE. Moermond stated the appellant did not show up for the hearing. She is recommending approval. Bostrom recommends approval. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 34 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-509 Project No. 1202T, Assessment No. 129001 at 535 MARYLAND AVENUE EAST. Moermond recommends reducing from $377 to $251. That is taking off the administrative fee for removal of the tree. The owner had no problem with paying for the removal itself. Brendmoen moves to close the public hearing and approve. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 35 RLH RR Ordering the rehabilitation or razing and removal of the structures at 11-90 594 MARYLAND AVENUE WEST within one hundred twenty (120) days after the January 4, 2012 City Council Public Hearing. (Public hearing continued from January 18) Moermond stated almost everything asked for has been addressed except for the eventual use of the site. Entire property is declared a nuisance. It has to become code compliant--and not a nuisance--in order for it to be reoccupied. The building is distinct. (showed photos) Page 18 City of Saint Paul The site had a number of outbuildings, some of which have been removed. It is a large site. It is abutting the railroad corridor. It is zoned TN2. She understands Larry Zangs (Department of Safety and Inspection) is working with property owner. She would like it laid over two weeks for more discussion on the eventual use of the property. (No one wished to be heard.) Lantry moved to continue the public hearing to February 1. Public hearing continued to February 1, 2012 Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 36 RLH FOW Appeal of Lori Kustritz to a Fire Certificate of Occupancy Correction 11-263 Notice at 1191 RICE STREET. Moermond stated she is denying the variance and granting an extension for six months. Lori Kustritz stated she has owned the house for over 15 years. They appreciate the six month extension. They are working with a developer who are going to buy some of their properties. Talking to the developer today. They are going to take the property owners on their side of the street and bring it to another developing company. This could take 2 years. She has a happy tenant in there now. This is viewed as a four plus bedroom house for St. Paul Public Housing. The egress windows are subjective. Sometimes the windows pass and sometimes they do not. She would appreciate having the time. They are just going to tear down the property because they are working with the developer. Moermond clarified the dimensions of the law. Kustritz stated she has had ones (properties) that pass that are smaller (windows). Brendmoen stated she is concerned about waiting for a potential sale. If the property is a state of limbo while something is having, she is afraid it will fall into a state of disrepair. She could go along with six months and would like the property to stay in a good state of repair. Kustritz stated they get inspected yearly. There is a retaining wall that was put up. It is not their retaining wall, but they did some repairs to it. The exterior is not in disrepair. They are more than happy to do any repairs that are needed to be done. Adopted as amended (deny the appeal and grant a six month extension) Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III Page 19 City of Saint Paul SUSPENSION ITEM Councilmember Thune moved suspension of the rules. Rules suspended Yea: 7 - Councilmember Bostrom, Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 RLH TA 12-70 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1203A, Assessment No. 128502 at 823 AURORA AVENUE. Moermond stated this is a cleanup at the property. This was substantial. She recommends the Council not decrease the assessment because of the amount of work that needed to be done. Thune moved approval. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 60 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-468 Project No. J1203A, Assessment No. 128502 at 1659 MANTON STREET. Moermond stated this was sent back to Legislative Hearing. It was a no show. Bostrom moved to close and approval. 6 in favor, none opposed Public hearing closed, resolution adopted Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 80 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 11-465 No. J1203A, Assessment No.128502 at 1611 WESTMINSTER STREET. Moermond would like this deleted. The owner was here earlier. It is an emergency boarding situation. The police were involved. There was a restraining order with the Page 20 City of Saint Paul tenant. The site needed to be secured. Property is in great condition now. Owner is doing better. (No one wished to be heard.) Brendmoen moved to close the public hearing and approve the resolution. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 84 RLH AR Ratifying the assessments for Property Cleanup Services from 11-129 September 3 to 30, 2011. (File No. J1203A, Assessment No. 128502) Marcia Moermond recommends deleting two assessments out of this tax roll, so they could be considered separately. Thune moved approval as recommended by the Legislative Hearing Officer. 6 in favor, none opposed Public hearing is closed and resolution is adopted. Delete assessment 75 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-503 Project No. J1203A, Assessment No. 128502 at 578 THOMAS AVENUE. Moermond stated this was a substantial cleanup. The dumpster owner felt they were not being paid and dumped the contents of the dumpster in the alley. The City issued an emergency abatement order because of the volume and because there was also a dead dog in the materials. The City cleaned it that afternoon. From the hearing, there was an effort to do the cleanup. The City moved forward the same day. The cost was not as high as she would have anticipated. She recommended dividing the assessment over 2 years. Council granted a second stay. During this time period, the property was being a problem for the neighbors. They should be paid in full. Thune asked was the licensed business fined for illegal dumping. Moermond responded she did not know. Owner stated he is a resident of 417 University Avenue. He is the property manager for 578 Thomas. The owner had known of the problem because of the misunderstanding of the trash company. Actually, the trash company was paid. The check had been cashed. This is not the owner's fault. Secondly, the inspector asked them to remove as an emergency. They called a dumpster to come. When the new company came, the inspector said they ran out of time. Only one hour was impossible for the owner to cleanup. He would like the fee reduced instead of a two year deal. The owner could not be immediately, but they did call the dumpster. The time allowed to them was short. Tolbert moved to close the public hearing. 6-0 Lantry moved the assessment. This is Carter's ward, and he is absent right now. Page 21 City of Saint Paul From the pictures, the alley is blocked. It is an emergency. She would suggest that the property owner has an action against sanitation. Council President Lantry moved approval of the resolution. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 1 - Councilmember Carter III 38 RLH TA Reducing the Appealed Special Tax Assessment for Real Estate 11-466 Project No. J1203A, Assessment No. 128502 at 567 BRIMHALL STREET. Lantry stated the City chopped down trees. Moermond showed photos and said it has been there for some time; it is well dried out. Moermond wanted to reduce to $235. This was a communication problem in the family. There appears to be some miscommunication about the need for a cleanup, and the City did eventually clean it up. Tony Dufour, 2544 Upton Avenue South, Minneapolis, read letter. Her daughter and her family lived there. For reasons that remain unclear, her son-in-law stopped making mortgage papers. Her daughter remained unaware of the circumstances. Dufour hired an attorney, who negotiated the price. Dufour brought the house by depleting her savings. The son-in-law has moved out. The daughter currently rents the house from her. The plan is for the daughter to buy back the home. That brings her to when she got notice from the City that brush needed to be cleared. She does not recall the exact date when the work was completed. She gave the letter to her daughter. Her daughter agreed to take care of this. She has a full time job, and three young children. She had cut back the dead growth. The next door neighbor has a truck and was going to help her haul it away. Before that, the City removed it. Dufour feels that enforcing the assessment puts an undue hardship on her daughter and her. This is the first time the City has found a problem with the property. By buying the property back, Dufour feels she has kept the property from being another property to take care of. She is hoping the Council would consider the circumstances. Tolbert moved to close the public hearing. Yeas - 6 Nays - 0 Moermond recommendation is to reduce it from $471 to $235.50. Tolbert asked is that undercharge of what it costs the City to do. Moermond responded it is and explained the cost of sending out a crew. She oftens takes into account the history with the property. Tolbert moved Moermond's recommendation. Adopted Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Page 22 City of Saint Paul Absent: 1 - Councilmember Carter III LEGISLATIVE HEARING CONSENT AGENDA Note: Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. No one appeared in opposition; Councilmember Stark moved to close the public hearing and approve the Legislative Hearing Consent Agenda as amended.; Approval of the Consent Agenda Legislative Hearing Consent Agenda adopted as amended Yea: 6 - Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Carter III 37 RLH VO Appeal of Larry D. Grell, on behalf of Bremer Bank, to a Notice of 11-121 Condemnation as Unfit for Human Habitation and Order to Vacate, Correction Notice-Complaint Inspection, and Vacant Building Registration Notice at 992 ALBEMARLE STREET. Adopted 39 RLH FOW Appeal of Joseph Kummer to a Fire Certificate of Occupancy 11-273 Inspection Correction Notice at 1293 BURR STREET. Adopted 40 RLH FOW Appeal of Kao Vue to a Fire Certificate of Occupancy Correction 11-267 Notice at 842 CASE AVENUE EAST. Adopted 41 RLH FOW Appeal of James Rossman to a Re-Inspection Fire Certificate of 11-261 Occupancy With Deficiencies at 54 CHATSWORTH STREET SOUTH. Adopted 42 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-471 Project No. J1203A, Assessment No. 128502 at 1192 DALE STREET NORTH. Adopted 43 RLH FCO Appeal of Staci Vang to a Fire Certificate of Occupancy Correction 11-562 Notice at 482 EARL STREET. Adopted Page 23 City of Saint Paul 44 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-474 Project No. CRT1202, Assessment No. 128201 at 1191 EARL STREET. Adopted 45 RLH FOW Appeal of Shinbay Yang to a Re-Inspection Fire Certificate of 11-262 Occupancy With Deficiencies at 921 EUCLID STREET. Adopted 46 RLH FCO Appeal of Joel Anderson to a Fire Certificate of Occupancy Correction 11-581 Notice at 534 FOREST STREET. Adopted 47 RLH VO Appeal of Mike Capistrant to a Fire Certificate of Occupancy 11-122 Revocation and Order to Vacate 1389 FURNESS PARKWAY. Adopted 48 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 11-473 No. J1203A, Assessment No. 128502 at 786 GERANIUM AVENUE EAST. Adopted 49 RLH FOW Appeal of Katherine Zerfahs to a Fire Certificate of Occupancy 11-260 Inspection Correction Notice at 827 GRAND AVENUE. Adopted 50 RLH FOW Appeal of Louis Frillman to a Fire Certificate of Occupancy Correction 11-276 Notice at 461 HOLLY AVENUE. Adopted 51 RLH FOW Appeal of Mary Bebel to a Fire Certificate of Occupancy Inspection 11-275 Correction Notice at 704 HOLLY AVENUE. Adopted 52 RLH FOW Appeal of Billy Vang to a Fire Certificate of Occupancy Correction 11-268 Notice at 2044 HYACINTH AVENUE EAST. Adopted 53 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-463 Project No. J1203A, Assessment No.128502 at 415 JESSAMINE AVENUE EAST. Adopted Page 24 City of Saint Paul 54 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-445 Project No. J1201B, Assessment No. 128100 at 2006 LARPENTEUR AVENUE EAST. Adopted 55 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-476 Project No. CRT1202, Assessment No. 128021 at 1752-1754 LAUREL AVENUE. Adopted 56 RLH TA Reducing the Appealed Special Tax Assessment for Real Estate 11-441 Project No. J1203A, Assessment No. 128502 at 34 LAWSON AVENUE WEST. Adopted 57 RLH VO 12-5 Appeal of Purcell Gaston to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 1131 LINCOLN AVENUE. Adopted 58 RLH FOW Appeal of Public Housing Agency of St. Paul (Tony Swanson) to a Fire 11-269 Certificate of Occupancy Correction Notice at 1676 LUELLA STREET. Adopted 59 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-464 Project No. J1203A, Assessment No.128502 at 841 MAGNOLIA AVENUE EAST. Adopted 61 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-480 Project No. J1203A, Assessment No. 128502 at 1579 MARGARET STREET. Adopted 62 RLH OA 12-9 Amending Council File RLH FCO 11-526, adopted December 21, 2011, to grant Nadja Berneche additional extension for property at 460 MARSHALL AVENUE. Adopted 63 RLH VO 12-2 Appeal of Cerrina Schmaus to a Fire Certificate of Occupancy Revocation and Order to Vacate 1885 MARYLAND AVENUE. Adopted Page 25 City of Saint Paul 64 RLH FOW Appeal of Bie Drake to a Correction Notice-Daycare Inspection at 1309 11-274 MAYNARD DRIVE WEST. Adopted 65 RLH FOW Appeal of Public Housing Agency of St. Paul (Tony Swanson) to a Fire 11-270 Certificate of Occupancy Correction Notice at 1576 MCLEAN AVENUE. Adopted 66 RLH FOW Appeal of Joshua Burbul to a Fire Certificate of Occupancy Correction 11-271 Notice at 511 MINNEHAHA AVENUE EAST. Adopted 67 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 11-470 No. J1203A, Assessment No. 128502 at 1072 MINNEHAHA AVENUE EAST. Adopted 68 RLH FOW Appeal of Matthew Ballenthin to a Fire Certificate of Occupancy 11-259 Inspection Correction Notice at 1725 MONTANA AVENUE EAST. Adopted 69 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 11-469 No. J1203A, Assessment No.128502 at 1909 MONTANA AVENUE EAST. Adopted 70 RLH FCO Appeal of Ger Moua to a Fire Certificate of Occupancy Correction 11-582 Notice at 585 PAYNE AVENUE. Adopted 71 RLH TA 12-49 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. 1202T, Assessment No. 129001 at 606 POINT DOUGLAS ROAD SOUTH. Adopted 72 RLH FOW Appeal of Bill Walker, on behalf of Calabash Properties, to a 11-265 Revocation of Fire Certificate of Occupancy and Order to Vacate at 549 SELBY AVENUE #2 (appealing windows only). Adopted Page 26 City of Saint Paul 73 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-467 Project No. J1203A, Assessment No. 128502 at 1132 SELBY AVENUE. Adopted 74 RLH TA 12-50 Ratifying the Appealed Special Tax Assessment for Real Estate Project No. J1203A, Assessment No. 128502 at 1171 SIXTH STREET EAST. Adopted 76 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate 11-472 Project No. J1203A, Assessment No. 128502 at 1005 THOMAS AVENUE. Adopted 77 RLH FCO Appeal of Robert Gotch to a Fire Certificate of Occupancy Correction 11-573 Notice at 1009 THOMAS AVENUE. Adopted 78 RLH FCO Appeal of Hamline Housing Trust LLC to a Fire Certificate of 11-574 Occupancy Correction Notice at 1743 THOMAS AVENUE. Adopted 79 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project 11-510 No. CRT1202, Assessment No. 128201 at 1570 UNIVERSITY AVENUE WEST. Adopted 81 RLH FOW Appeal of Ken Erickson to a Re-Inspection Fire Certificate of 11-264 Occupancy With Deficiencies at 1379 WINCHELL STREET. Adopted 82 RLH WP Appeal of Harvester Investments LLC to an Egress Window 11-127 Non-Compliance Determination at 283 WYOMING STREET EAST. Adopted 83 RLH FOW Appeal of Billy Vang to a Fire Certificate of Occupancy Correction 11-272 Notice at 1733 YORK AVENUE EAST. Adopted 85 RLH AR Ratifying the assessments for Demolition Services from September 11-128 2011 (Non-CDBG Funds) (File No. J1203C, Assessment No. 122002) Adopted Page 27 City of Saint Paul 86 RLH AR Ratifying Collection of Certificate of Occupancy Fees from September 11-131 2011 (File No. CRT1202, Assessment No. 128201) Adopted 87 RLH AR Ratifying the assessments for Tree Removal Services from August to 11-130 September 2011. (File No. 1202T, Assessment No. 129001) Adopted 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 1 City of Saint Paul City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Phone: 651-266-8560 City Council Minutes - Final Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Melvin Carter III Councilmember Russ Stark Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, January 25, 2012 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Councilmember Bostrom was excused. Present 6 - Councilmember Amy Brendmoen, Councilmember Melvin Carter III, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dave Thune and Councilmember Chris Tolbert Absent 1 - Councilmember Dan Bostrom 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. Approval of the Consent Agenda Item 3 was removed from the Consent Agenda for separate consideration. Councilmember Stark moved approval of the Consent Agenda as amended. Adopted as Amended Yea: 6 - Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Bostrom Page 2 City of Saint Paul 1 RES 12-62 Preliminary Order setting the date of Public Hearing for February 15, 2012 to consider approval to reconstruct the street and install traffic calming devices on Ohio Sreet from George Sreet to Isabel Street. (File No. 19130, Assessment No. 125206) Adopted 2 RES 12-70 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for sidewalk and driveway apron improvements at 241 Brimhall Street. (File No. 19118, Assessment No. 110791) Adopted 3 RES 11-2308 Approving the application with conditions, per the Deputy Legislative Hearing Officer, for Liquor On Sale - 291 or more Seats for the University of St. Thomas (I.D. #20110002908), 2115 Summit Avenue (entire campus of the University of St. Thomas). Councilmember Stark stated there has been a lot of discussion about this issue over many months. The neighbors have expressed concern about some of the aspects of the license, particularly the outdoor locations and how many should be allowed. With all of the variations of the license conditions, there was a conflict between Conditions 1 and 9. Condition 9 limits the outdoor service areas in the first year of operation to three--Monahan Plaza-Lower Academic Quadrangle, Upper (Residential) Quadrangle, and McNeely Hall Courtyard. Condition 1 refers to a longer list about door locations, the idea being if at some point additional outdoor locations could be part of the license. With Condition 9, they were trying to keep it to three and re-visit the license after a year to see how things went and at which time additional locations could be looked at. Councilmember Stark moved to amend the list to include only the outdoor locations in No. 9. Adopted (Conditions were amended) Yea: 6 - Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Bostrom 4 RES 12-24 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for sidewalk improvements along the north side of 5th Street East, from Wacouta Street to Wall Street. (File No. S0711, Assessment No. 010774) Adopted 5 RES 12-72 Approving the gift of travel, not to exceed $775, from Harvard University for Deputy Mayor Paul Williams to represent Mayor Coleman and the City of Saint Paul at a meeting of the John F. Kennedy School of Government's Urban Policy Advisory Group at Harvard University, January 26 -28, 2012. Adopted 6 RES 12-123 Authorizing the withholding of tax-forfeit parcels from public sale for six months. Adopted Page 3 City of Saint Paul 7 RES 12-131 Authorizing the Department of Planning and Economic Development to accept funds from Living Cities, for Ellen Muller, Economic Development Manager, to attend a meeting hosted by Living Cities on February 7, 2012 in Washington, DC. Adopted 8 RES 12-137 Approving adverse action against the Cigarette/Tobacco license held by Frank's Dairy & Deli, Inc., d/b/a Frank's Dairy & Deli, 1201 Edgerton Street. Adopted 9 RES 12-139 Approving adverse action against the Trade-Concrete Masonry & Finish Cement license held by Troyco Concrete & Masonry, Inc., d/b/a Troyco Concrete & Masonry, Inc. Adopted 10 RES 12-146 Opposing the proposed "Recognition of Marriage" constitutional amendment. Adopted 11 RES 12-147 Approving the City's cost of providing Collection of Vacant Building Fees Services during November 2011, and setting date of Legislative Hearing for February 21, 2012 and City Council Public Hearing for April 4, 2012 to consider and levy the assessments against individual properties. (File No. VB1204, Asmt No. 128803) Adopted 12 RES 12-148 Approving the City's costs for providing Demolition Services during December 2011, and setting date of Legislative Hearing for February 21, 2012 and City Council Public Hearing for April 4, 2012 to consider and levy the assessments against individual properties. (File No. J1207C, Assessment No. 122006) Adopted 13 RES 12-149 Approving the City's cost of providing Property Clean Up Services from November 30 to December 30, 2011, and setting date of Legislative Hearing for February 21, 2012 and City Council Public Hearing for April 4, 2012 to consider and levy the assessments against individual properties. (File No. J1206A, Asmt No. 128505) Adopted 14 RES 12-150 Approving the City's cost of providing Trash Hauling Services from December 7 to 29, 2011, and setting date of Legislative Hearing for February 21, 2012 and City Council Public Hearing for April 4, 2012 to consider and levy the assessments against individual properties. (File No. J1205G, Asmt No. 128704) Adopted 15 RES 12-151 Approving the City's cost of providing Graffiti Removal Services from November 28 to December 20, 2011, and setting date of Legislative Hearing for February 21, 2012 and City Council Public Hearing for April 4, 2012 to consider and levy the assessments against individual properties. (File No. J1205P, Asmt No. 128404) Adopted Page 4 City of Saint Paul 16 RLH AR 12-17 Amending the assessment for Emergency Boarding and Securing and/or Boarding of Vacant Buildings during March 2010 to delete the assessment at 1836 ROSS AVENUE. (File No. J1005B, Assessment No. 108886) Adopted 17 RLH AR 12-18 Amending the assessment for Collection of Delinquent Vacant Building Fees (re-invoiced) in April 2010 to delete the assessment at 1836 ROSS AVENUE. (File No. VB1004, Assessment No. 108880) Adopted 18 RES 12-161 Approving the Mayor's appointments of Emily Shively, Daniel Edgerton, William Lindeke, and Rebecca Noecker; and the reappointments of Gaius Nelson, Jun-Li Wang, and Terri Thao to serve on the Planning Commission. Adopted 19 RES 12-167 Approving the use of grant funds through the Neighborhood STAR Year-Round Program for the North High Bridge Park Repair Project. Adopted 20 RES 12-172 Approving the Mayor's appointments of Erin Dady, John Marshall, and Councilmember Dave Thune; and the reappointments of Mike Day, Bev Turner, Councilmember Dan Bostrom and Council President Kathy Lantry to serve on the RiverCenter Visitor's Authority. Adopted FOR DISCUSSION 21 RES PH 12-3 Final Order approving the bikeway improvements on Griggs Street between Summit Avenue and Minnehaha Avenue. (File No. 19128, Assmt No. 125100) Councilmember Carter presented a a substitute. There has been a lot of community discussion on the bikeway, Carter said, and most everyone is in support of putting a bikeway on Griggs Street. There is an opportunity to build a bike boulevard there as well. They are trying to connect people through University Avenue with different modes and this is an important way. They are somewhat stuck with how to create a convenient and fluid thoroughfare for bicycles to move without creating a 'speedway' for motorized vehicles. The substitute puts in place five traffic circles as opposed to the six that were initially looked at. These will be located at Portland, Laurel, Sherburne, Edmund, and Blair Avenues. The one planned for Dayton Avenue is removed because it's between Marshall and Selby where there are already two 4-ways stops with one being a light. Other concerns heard were about the volume of the audible traffic light and staff has indicated that is adjustable. Councilmember Thune said he is not a fan of traffic circles both from personal knowledge of accidents and Public Works has said that they reduce more major accidents but the number of fender-benders actually goes up. However, he noted he did not hear that in the staff presentation the previous week. Councilmember Stark spoke in support of the motion saying Carter did good work in moving the project forward and being responsive to the concerns of the community. He said Thune may be confusing circles and round-abouts. Circles are small and are Page 5 City of Saint Paul only at residential intersections/streets. When Public Works tested a number of traffic calming devices in the late 1980s around the Snelling-University area, they tested traffic circles, speed bumps, and a number of things and the traffic circles were the most popular and most effective. Councilmember Carter moved approval of the resolution as amended. Adopted as amended Yea: 6 - Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Bostrom ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. Final Adoption 22 Ord 11-119 Administrative Ordinance establishing the position of Deputy Director of Financial Services of the Office of Financial Services, Deputy Director of Libraries of the Saint Paul Public Library Agency, and Deputy Director of Safety and Inspections as specified by Chapter 12 of the Charter of the City of Saint Paul Section 12.03.2(H) thereof. Councilmember Stark moved approval. Adopted Yea: 6 - Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Bostrom 23 RES 12-127 Approving the rates of pay for the classifications of Deputy Director of Financial Services in Grade 31C, Deputy Director of Libraries in Grade 28C, and Deputy Director of Safety and Inspections in Grade 28C of Employee Group 17 Salary Schedule, Non-Represented City Managers. (This resolution to coincide with the last reading of Ordinance 11-119 to establish the Deputy Director classifications in the unclassified service.) Councilmember Stark moved approval. Adopted Yea: 6 - Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Bostrom Page 6 City of Saint Paul Third Reading, No Public Hearing 24 Ord 12-1 Memorializing City Council action granting the application of Interworld Development Llc for the rezoning from B2 Community Business to T2 Traditional Neighborhood of 1773 Selby Ave and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 21, 2011) Laid over to February 1 for final adoption SUSPENSION ITEMS Councilmember Brendmoen moved suspension of the rules. Rules suspended Yea: 6 - Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Bostrom Ord 12-2 Memorializing City Council action granting the application of MGM Properties LLC to rezone portions of 1105, 1111, 1117, 1121, and 1125 California Avenue West from R4 One-Family Residential to B2 Community Business and to amend Saint Paul Legislative Code Chapter 60 pertaining to the Saint Paul zoning map to reflect the same. (Public Hearing held December 21, 2011.) Councilmember Brendmoen said she'd brought the item in under suspension to keep it running parallel with the site plan approval process. Laid over to February 1 for second reading ADJOURNMENT Councilmember Thune moved to adjourn the meeting at 3:45 p.m. Adjourned Yea: 6 - Councilmember Brendmoen, Councilmember Carter III, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Absent: 1 - Councilmember Bostrom 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. Page 7 City of Saint Paul 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) City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1RES PH 12-123 Name:Midwest Star Taxi License Denial Public Hearing Status:Type:Resolution-Public Hearing For Discussion In control:City Council Final action: Title:Approving adverse action against the Taxicab Vehicle license application for Cab #1531 submitted by Said Abdi Ali d/b/a Midwest Star Taxi for the City of Saint Paul. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:Notice of Council Hearing.pdf Uncontested License Matter Form.pdf License Group Comments Text.pdf State of MN Certificate of Title .pdf Taxicab Inspection Form.pdf Certificate of Liability Insurance.pdf Taxicab Vehicle License application.pdf Inspection and Repair Report.pdf Receipt for License Application.pdf Notice of Intent to Deny License.pdf Request for public hearing.pdf SPLC 376.10.pdf Vehicle Age Requirement Policy.pdf SPPD CN #12-096-411.pdf Action ByDate Action ResultVer. City Council5/2/2012 1 Title Approving adverse action against the Taxicab Vehicle license application for Cab #1531 submitted by Said Abdi Ali d/b/a Midwest Star Taxi for the City of Saint Paul. Body WHEREAS,adverse action was taken against the Taxicab Vehicle license application for Cab #1531 submitted by Said Abdi Ali d/b/a Midwest Star Taxi (License ID #20120000967)for the City of Saint Paul by Notice of Intent to Deny License dated March 7, 2012; and WHEREAS,the license requested by the applicant was to enable him operate a 2005 Chrysler Town and Country which is seven (7) years older than the current model year; and WHEREAS,operating a taxicab vehicle more than five (5)years older than the current model year is a violation of Saint Paul Legislative Code § 376.10 (b) (1); and WHEREAS, based on this information, the licensing office recommended license denial; and WHEREAS,the licensee responded to the Notice of Intent to Deny License to request a public hearing which City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: RES PH 12-123, Version: 1 WHEREAS,the licensee responded to the Notice of Intent to Deny License to request a public hearing which was held on May 2, 2012, now, therefore, be it RESOLVED,that the Taxicab Vehicle license application submitted for Cab #1531 by Said Abdi Ali d/b/a Midwest Star Taxi is hereby denied. This resolution,and action taken above,is based upon facts contained in the March 7,2012,Notice of Intent to Deny License sent to the licensee and the arguments made at the public hearing on May 2, 2012. City of Saint Paul Printed on 5/8/2012Page 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:2Ord 12-26 Name:Amendments to Parking for Places Serving Alcohol Status:Type:Ordinance Second Reading In control:City Council Final action: Title:Amending Legislative Code sections 63.200 parking requirements; 65.600 land use definitions and development standards for food and beverages; and chapter 66 zoning district uses. Sponsors:Russ Stark Indexes: Code sections: Attachments:Amended Attachment A - Amendments to Definition and Off-Street Parking .pdf Attachment A - Amendments to Definitions and Off-Street Parking for Establishments Serving PC Letter to Mayor&CC - Parking Amendments for Places Serving Alcohol.pdf PC Resolution on Bar Parking Amend 5-27-11.pdf Proposed Bar definition and parking requirement 5-24-2011.pdf Action ByDate Action ResultVer. City Council5/2/2012 2 Title Amending Legislative Code sections 63.200 parking requirements; 65.600 land use definitions and development standards for food and beverages; and chapter 66 zoning district uses. Body WHEREAS, the Planning Commission passed a resolution on May 22, 2009, resolution number #09-33, initiating a zoning study to consider amendments to the zoning code regarding off-street parking facility standards; and WHEREAS, a public hearing on the proposed off-street parking requirement and design standards zoning amendments was conducted by the Planning Commission on January 22, 2010, and on March 12, 2010, the Planning Commission passed a resolution recommending the off-street parking amendments to City Council for consideration; and WHEREAS, on June 16, 2010, the City Council approved most of the recommended off-street parking amendments, but did not approve parking amendments for establishments serving wine, beer or liquor, and instead asked staff from the Departments of Planning and Economic Development and from Safety and Inspections to do additional study of parking requirements and licensing for these uses; and WHEREAS, staff conducted additional review of establishments serving wine, beer and liquor and considered how they vary in parking demand and impact on the surrounding areas, and in response drafted proposed zoning and licensing amendments that differentiate between these establishments in operation and required parking; and WHEREAS, the Comprehensive Planning Committee reviewed the draft amendments on April 26, 2011 and forwarded them to Planning Commission for consideration; and WHEREAS, the Planning Commission reviewed the amendments, but held no public hearing since the matter City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-26, Version: 2 followed up on similar amendments considered and reviewed at Planning Commission in 2010, and forwarded a recommendation to the Saint Paul City Council to amend Chapters 63, 65 and 66 of the Zoning Code; and WHEREAS, the City Council having conducted a public hearing on _______date__________ on the proposed amendments at which all interested parties were given an opportunity to be heard, notice of which was published in the Legal Ledger and sent to the City's Early Notification System; and having considered all the facts and recommendations concerning the amendments, in accordance with the provisions set forth in § 61.801 of the Zoning Code and pursuant to the provisions of Minnesota Statutes § 462.357; now, therefore, be it THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Legislative Code Chapter 63, Regulations of General Applicability; Chapter 65, Land Use Definitions and Development Standards; and Chapter 66, Zoning District Uses, Density and Development Standards, is hereby amended as follows: [see attachment A] Section 2. For the purposes of articulating the City's basis for enacting the amendments contained under Council File No. ______________, the background and rationale shall include but not be limited to that letter entitled "Planning Commission Recommendation on Amendments to Definitions and Off-Street Parking Requirements for Establishments Serving Wine, Beer and Liquor," dated June 8, 2011, from the Planning Commission to the Mayor and City Council of the City of Saint Paul, which shall be made a part hereof and incorporated into this Council File by this reference. Section 3. 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 5/8/2012Page 2 of 2 powered by Legistar™ ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 1 of 5 Sec. 63.206. Rules for computing required parking. (c) In addition to the requirement of section 63.204, there shall be provided off-street parking spaces for all bars or premises licensed for entertainment class C on-sale intoxicating liquor (excluding restaurants licensed for wine, strong beer, or nonintoxicating malt liquor) or entertainment as provided herein: (1) Issuance of a license to an existing structure not previously licensed for a bar or entertainment class C during the twenty-four (24) months preceding the application, off-street parking pursuant to section 63.207. (2) Expansion of a bar or premises licensed for entertainment class C, licensed structure with an on-sale intoxicating liquor license off-street parking pursuant to section 63.207 at the same rate as transfer or new issuance to an existing structure not previously licensed, plus twenty-five (25) percent of any parking shortfall for the existing building licensed area. "Parking shortfall" shall mean the difference between required parking pursuant to section 63.207 for the existing area as currently licensed structure minus the number of parking spaces actually provided for that area structure. The percentage of the parking shortfall to be provided shall be increased to forty (40) percent if there is a bar or premises licensed for entertainment class C within six hundred fifty (650) feet of the existing establishment. (3) Expansion of a licensed structure with an on-sale intoxicating liquor license, or an upgrade in an entertainment license, when located within six hundred fifty (650) feet of another existing establishment with an on-sale intoxicating liquor or entertainment license shall provide an additional fifteen (15) percent of any parking shortfall. ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 2 of 5 Sec. 63.206(d). Shared Parking Table 63.206(d). Shared Parking General Land Use Classification Weekdays Weekends 2 am – 7 am 7 am – 6 pm 6 pm – 2 am 2 am – 7 am 7 am – 6 pm 6 pm – 2 am Office 5% 100% 5% 0% 10% 0% Retail sales and services 0% 90% 80% 0% 100% 60% Restaurant (not 24 hour) / Bar 10% 70% 100% 20% 70% 100% Residential 100% 60% 100% 100% 75% 90% Theater 0% 40% 90% 0% 80% 100% Hotel Guest rooms 100% 55% 100% 100% 55% 100% Restaurant /lounge 40% 60% 100% 50% 45% 100% Conference rooms 0% 100% 100% 0% 100% 100% Religious institution 0% 25% 50% 0% 100% 50% Reception or meeting hall 0% 70% 90% 0% 70% 100% Museum 0% 100% 80% 0% 100% 80% School, grades K—12 0% 100% 25% 0% 30% 10% ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 3 of 5 Table 63.207. Minimum Required Off-Street Parking By Use Food and Beverages Bar 1 space per 150 sq. ft. GFA Brew on premises store 1 space per 900 sq. ft. GFA Catering 1 space per 900 sq. ft. GFA Establishment with entertainment license class C 1 space per 75 sq. ft. GFA and as required in section 63.206(c) Establishment with on-sale wine, strong beer, or nonintoxicating malt liquor 1 space per 125 sq. ft. GFA Establishment with on-sale intoxicating liquor or entertainment license class A or B 1 space per 100 sq. ft. GFA and as required in section 62.103(f)(3) Restaurant, coffee shop, tea house, deli 1 space per 400 sq. ft. GFA Retail sales and services (…uses above this in the table) Multiuse retail center 1 space per 400 sq. ft. GFA up to 30,000 sq ft GFA, plus 1 space for each additional 800 sq ft GFA over 30,000 sq. ft. GFA. Required parking for uses defined as a “Bar” or establishment with entertainment license class C shall be calculated independently according to Table 63.207. (…uses below this in the table) ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 4 of 5 Sec. 65.610. Bar. An establishment that serves wine, beer, or intoxicating liquor for consumption on the premises any time between midnight and 2:00 a.m. Standards and conditions in traditional neighborhood and B2 community business districts: In traditional neighborhood and B2 community business districts, a conditional use permit is required for a bar of more than five thousand (5,000) square feet in floor area to ensure size and design compatibility with the particular location. Sec. 65.6110. Brew on premises store. Sec. 65.6121. Coffee kiosk. Sec. 65.6132. Coffee shop, tea house. An establishment engaged principally in the sale of coffee, tea, and other non-alcoholic alcohalic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items as allowed under a restaurant C licensce. Standards and conditions in the TN1 traditional neighborhood and B1 business districts: A conditional use permit is required for a coffee shop or tea house of more than 800 square feet in gross floor area or for an accessory cabaret. Drive through uses (primary and accessory) are prohibited. Standards and conditions in T2-T4 traditional neighborhood districts: See section 65.6143, restaurant. Sec. 65.6143. Restaurant. An public establishment eating place engaged in the preparation and sale which serves a substantial portion of its food for consumption at tables or counters located on the premises. This term shall include, but not be limited to, an establishment known as a café, smorgasbord, diner or similar business. Any facilities for carry-out shall be clearly subordinate to the principal use of providing foods for consumption on the premises. Sec. 65.6154. Restaurant, carry-out, deli. . . . Standards and conditions: See section 61.6143, restaurant. Sec. 65.6165. Restaurant, fast-food. Sec. 65.6176. Restaurant, outdoor. ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 5 of 5 Table 66.321. Principal Uses in Traditional Neighborhood Districts Table 66.421. Principal Uses in Business Districts Use OS B1 BC B2 B3 B4 B5 Development Standards Food and Beverages Bar P/C P P P Brew on premises store P P P P Catering P P P P Coffee kiosk P P P P Coffee shop, tea house P/C P P P P Restaurant P P P P Restaurant, carry-out, deli P P P P P Restaurant, fast-food P/C P/C P P Restaurant, outdoor P P P P Table 66.521. Principal Uses in Industrial Districts Use IR I1 I2 I3 Development Standards Food and Beverages Bar P P P Brew on premises store P P P Catering P P P Coffee kiosk P P P Coffee shop, tea house P P P Restaurant P P P Restaurant, carry-out-deli P P P Restaurant, fast food P/C P P Restaurant, outdoor P P P Use T1 T2 T3 T4 Development Standards Food and Beverages Bar P/C P/C P/C Brew on premises store P P P Catering P P P Coffee shop, tea house P/C P/C P/C P/C Restaurant P/C P/C P/C Restaurant, carry out, deli P/C P/C P/C Restaurant, fast food P/C P/C P/C Restaurant, outdoor P P P/C ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 1 of 5 Sec. 63.206. Rules for computing required parking. (c) In addition to the requirement of section 63.204, there shall be provided off-street parking spaces for all bars or premises licensed for entertainment class C on-sale intoxicating liquor (excluding restaurants licensed for wine, strong beer, or nonintoxicating malt liquor) or entertainment as provided herein: (1) Issuance of a license to an existing structure not previously licensed for a bar or entertainment class C during the twenty-four (24) months preceding the application, off-street parking pursuant to section 63.207. (2) Expansion of a bar or premises licensed for entertainment class C, licensed structure with an on-sale intoxicating liquor license off-street parking pursuant to section 63.207 at the same rate as transfer or new issuance to an existing structure not previously licensed, plus twenty-five (25) percent of any parking shortfall for the existing building licensed area. "Parking shortfall" shall mean the difference between required parking pursuant to section 63.207 for the existing area as currently licensed structure minus the number of parking spaces actually provided for that area structure. The percentage of the parking shortfall to be provided shall be increased to forty (40) percent if there is a bar or premises licensed for entertainment class C within six hundred fifty (650) feet of the existing establishment. (3) Expansion of a licensed structure with an on-sale intoxicating liquor license, or an upgrade in an entertainment license, when located within six hundred fifty (650) feet of another existing establishment with an on-sale intoxicating liquor or entertainment license shall provide an additional fifteen (15) percent of any parking shortfall. ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 2 of 5 Sec. 63.206(d). Shared Parking Table 63.206(d). Shared Parking General Land Use Classification Weekdays Weekends 2 am – 7 am 7 am – 6 pm 6 pm – 2 am 2 am – 7 am 7 am – 6 pm 6 pm – 2 am Office 5% 100% 5% 0% 10% 0% Retail sales and services 0% 90% 80% 0% 100% 60% Restaurant (not 24 hour) / Bar 10% 70% 100% 20% 70% 100% Residential 100% 60% 100% 100% 75% 90% Theater 0% 40% 90% 0% 80% 100% Hotel Guest rooms 100% 55% 100% 100% 55% 100% Restaurant /lounge 40% 60% 100% 50% 45% 100% Conference rooms 0% 100% 100% 0% 100% 100% Religious institution 0% 25% 50% 0% 100% 50% Reception or meeting hall 0% 70% 90% 0% 70% 100% Museum 0% 100% 80% 0% 100% 80% School, grades K—12 0% 100% 25% 0% 30% 10% ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 3 of 5 Table 63.207. Minimum Required Off-Street Parking By Use Food and Beverages Bar 1 space per XXX* sq. ft. GFA [In place of XXX, select a number such as 200, 150, 125 or 100] Brew on premises store 1 space per 900 sq. ft. GFA Catering 1 space per 900 sq. ft. GFA Establishment with entertainment license class C 1 space per 75 sq. ft. GFA and as required in section 63.206(c) Establishment with on-sale wine, strong beer, or nonintoxicating malt liquor 1 space per 125 sq. ft. GFA Establishment with on-sale intoxicating liquor or entertainment license class A or B 1 space per 100 sq. ft. GFA and as required in section 62.103(f)(3) Restaurant, coffee shop, tea house, deli 1 space per 400 sq. ft. GFA Retail sales and services (…uses above this in the table) Multiuse retail center 1 space per 400 sq. ft. GFA up to 30,000 sq ft GFA, plus 1 space for each additional 800 sq ft GFA over 30,000 sq. ft. GFA. Required parking for uses defined as a “Bar” or establishment with entertainment license class C shall be calculated independently according to Table 63.207. (…uses below this in the table) ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 4 of 5 Sec. 65.610. Bar. An establishment that serves wine, beer, or intoxicating liquor for consumption on the premises any time between midnight and 2:00 a.m. Standards and conditions in traditional neighborhood and B2 community business districts: In traditional neighborhood and B2 community business districts, a conditional use permit is required for a bar of more than five thousand (5,000) square feet in floor area to ensure size and design compatibility with the particular location. Sec. 65.6110. Brew on premises store. Sec. 65.6121. Coffee kiosk. Sec. 65.6132. Coffee shop, tea house. An establishment engaged principally in the sale of coffee, tea, and other non-alcoholic alcohalic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items as allowed under a restaurant C licensce. Standards and conditions in the TN1 traditional neighborhood and B1 business districts: A conditional use permit is required for a coffee shop or tea house of more than 800 square feet in gross floor area or for an accessory cabaret. Drive through uses (primary and accessory) are prohibited. Standards and conditions in T2-T4 traditional neighborhood districts: See section 65.6143, restaurant. Sec. 65.6143. Restaurant. An public establishment eating place engaged in the preparation and sale which serves a substantial portion of its food for consumption at tables or counters located on the premises. This term shall include, but not be limited to, an establishment known as a café, smorgasbord, diner or similar business. Any facilities for carry-out shall be clearly subordinate to the principal use of providing foods for consumption on the premises. Sec. 65.6154. Restaurant, carry-out, deli. . . . Standards and conditions: See section 61.6143, restaurant. Sec. 65.6165. Restaurant, fast-food. Sec. 65.6176. Restaurant, outdoor. ATTACHMENT A - Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars Page 5 of 5 Table 66.321. Principal Uses in Traditional Neighborhood Districts Table 66.421. Principal Uses in Business Districts Use OS B1 BC B2 B3 B4 B5 Development Standards Food and Beverages Bar P/C P P P Brew on premises store P P P P Catering P P P P Coffee kiosk P P P P Coffee shop, tea house P/C P P P P Restaurant P P P P Restaurant, carry-out, deli P P P P P Restaurant, fast-food P/C P/C P P Restaurant, outdoor P P P P Table 66.521. Principal Uses in Industrial Districts Use IR I1 I2 I3 Development Standards Food and Beverages Bar P P P Brew on premises store P P P Catering P P P Coffee kiosk P P P Coffee shop, tea house P P P Restaurant P P P Restaurant, carry-out-deli P P P Restaurant, fast food P/C P P Restaurant, outdoor P P P Use T1 T2 T3 T4 Development Standards Food and Beverages Bar P/C P/C P/C Brew on premises store P P P Catering P P P Coffee shop, tea house P/C P/C P/C P/C Restaurant P/C P/C P/C Restaurant, carry out, deli P/C P/C P/C Restaurant, fast food P/C P/C P/C Restaurant, outdoor P P P/C 1 PLANNING COMMISSION Kathi Donnelly-Cohen, Chair CITY OF SAINT PAUL 25 West Fourth Street Telephone: 651-266-6700 Christopher B. Coleman, Mayor Saint Paul, MN 55102 Facsimile: 651-228-3220 June 8, 2011 Mayor Coleman, Council President Lantry and Members of the City Council Rooms 300, 310, 320 City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 RE: Planning Commission Recommendation on Amendments to Definitions and Off- Street Parking Requirements for Establishments Serving Wine, Beer and Liquor Dear Mayor Coleman, Council President Lantry and Members of the City Council: Last June, the City Council passed comprehensive amendments to Saint Paul’s off-street parking requirements. Although many simplifications and reductions were adopted, off- street parking requirements for establishments serving wine, beer or liquor were not and the parking requirements remained at: • 1 space per 125 square feet for establishments serving wine or beer (and with no Entertainment licenses) • 1 space per 100 square feet for establishments serving liquor or with Entertainment A or B licenses The planning commission had recommended reduction of required parking for these uses, but concerns about nuisance and parking problems associated with these establishments caused some Council members to not support the changes. Other Council members felt that some reduction to required parking might still be appropriate, if crafted carefully. Therefore, the City Council directed staff from the Departments of Planning and Economic Development, and Safety and Inspections, to examine these issues in greater detail and return to City Council with possible new recommendations for licensing and/or zoning of these establishments. Between June 2010 and February 2011, staff discussed the issues expressed by City Council members and considered a variety of potential changes. Staff focused on characteristics that differentiate one type of use from another in operations and impact 2 on the surrounding area. Based on this analysis, staff drafted licensing and code amendments that more clearly differentiate between the variety of establishments providing food, alcohol, and entertainment services. Staff brought their ideas to the Business Review Council for consideration and feedback in early 2011 and received support for the work. PED and DSI then sent a status report memo to you and followed up with briefing meetings to answer questions and receive input. Based on the input, staff made some revisions to the proposed amendments and then advanced them for consideration by the Planning Commission. The Comprehensive Planning Committee and then the full Planning Commission considered the proposed amendments and now recommend them to you for approval. RATIONALE FOR AMENDMENTS During Planning Commission and City Council review of off-street parking amendments last year, it was clear that uses providing alcohol or entertainment services were of particular interest and concern with regard to parking. These uses in general have more concentrated hours of peak activity than typical commercial businesses, with most patrons coming during mealtimes or for beverage or entertainment service late at night. This creates strong peaks and valleys of parking demand. The more popular an establishment is and the more concentrated the patron use times, the more likely it is that available parking may not be adequate to meet all customer demand during peak use. The recent off-street parking amendments were adopted acknowledging the intent that they provide adequate parking to meet demand for most uses, most of the time, while perhaps not meeting the demand for the most popular uses at the most popular times. To set parking requirements based on peak demand for the most popular uses, as the City has done in the past, created a widespread oversupply of parking, imposing an unnecessary burden on many property owners and inhibiting growth of the City’s economic and tax base. In moving to the lower parking standards, it was recognized that for a handful of businesses with strong peak use, there may be some overflow of parking onto adjacent streets at the peak times; a consequence that neighbors and the City could accept in exchange for parking standards that better met the demand for most businesses. Parking overflow onto adjacent streets is typically not a nuisance other than creating a more competitive parking situation. However, overflow of patrons onto neighborhood streets can create a problem if the overflow occurs late at night or involves patrons who may be loud or behave inappropriately, which more commonly occurs after people have been drinking. The combination of late night operations and alcohol service has been demonstrated to increase the chance of nuisance behavior, as shown in the attached table of complaints leading to “Adverse Action” by the City Council. Patrons leaving establishments late at night when many neighbors are asleep and things are relatively 3 quiet in the city, are more likely to be noticed coming and going to parked cars, particularly if the patron or passengers have been drinking and are engaged in loud or rowdy behavior. For this reason, the imposition of overflow parking onto streets resulting from inadequate parking is a greater burden on neighbors late at night and when the patrons are engaged in drinking, than is the case during the day when most people are awake, the city is louder, and patrons are less likely to have been drinking. Establishments with late night alcohol service and entertainment are also more likely to attract a greater concentration of patrons, with people standing and/or dancing, in addition to sitting at tables. The crowding phenomenon can be observed late at night at any of the popular alcohol service establishments around the city, particularly if the business is offering “Late Night Drink Specials” or other discounts to patrons. This concentration of people is higher than establishments focused on food service, where patrons are seated. Some places may focus on food service during the day and then shift to predominantly alcohol service or entertainment later at night, with a likely increase in patron volume as a result if the place is popular. Therefore, it is expected that parking demand will be higher at popular late night places serving alcohol or providing entertainment than it will be at similarly sized establishments focused on food service. RECOMMENDED AMENDMENTS The recommended code amendments are meant to better differentiate between establishments serving alcohol, the impacts they may create, and parking needs. The highlights are described below. (For a full copy of the text amendments, see “Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars”.) 1. Add new use definition – “Bar” The main change is the addition of a new use definition, “bar”, to differentiate between food and beverage service establishments based on hours of operation. - “Bars” would be defined as establishments serving wine, beer, or liquor and open after midnight, with or without Class A or B entertainment. - “Restaurants” would be establishments serving food, with or without wine, beer, or liquor service, that close by midnight. These places would not be open late at night when more concentrated patron activity focused on alcohol service or entertainment occurs. If the new use definitions are adopted, hours of operation for each establishment would be recorded on City licenses and used for definition purposes. Accompanying licensing amendments provide the mechanism for this change. The new use definitions must then be paired with off-street parking requirements and tables showing which zoning districts the uses are permitted in. 4 2. Required Parking for “Restaurant” It is recommended that the off-street parking requirement for establishments defined as “restaurant” be applied at the current rate for eating establishments without wine, beer and liquor service at one (1) space per 400 square feet of building gross floor area – with the rationale being that patron volume and parking demand does not change based on the type of beverage consumed by diners. 3. Required Parking for “Bar” It is recommended that the parking requirement for “Bar” be higher than for restaurant, due to the potential for increased patron volume and parking demand, with a focus on late night alcohol service and related nuisance concerns from potential overflow parking in the neighborhood. The Planning Commission considered a variety of possible parking requirements, but ultimately decided not to recommend a specific number to the City Council, instead allowing the City Council to consider the options and determine which level it found most appropriate. The following table provides a range of parking requirement options for consideration. Example Businesses that would be defined as “Bars” Ward Estimated Building Gross Square Feet (sq ft) Minimum required = 1/100 (Currently required for places serving liquor or with Entertainment A or B) Minimum required = 1/125 (Currently required for places serving wine or beer) Minimum spaces if required parking = 1/150 Minimum spaces if required parking = 1/200 Arcade Bar 932 Arcade St 6 2500 25 20 17 13 The Cherry Pit 735 White Bear Ave N 7 2800 28 22 19 14 Groveland Tap 1834 St. Clair Ave 3 3000 30 24 20 15 Lonetti's Lounge 1091 Rice St 5 3200 32 26 21 16 Gabe's Roadhouse 991 Lexington Ave 4 7400 74 59 49 37 The Lexington 1096 Grand Ave 2 8000 80 64 53 40 5 CONCLUSION These recommended amendments would help differentiate between types of food and beverage establishments in our City and provide requirements that better match their operation and impact. As a result, restaurant uses would find is easier to open and operate in our City, while bars would continue to be welcome, but held to requirements that match the higher level of intensity and impacts they may create. Sincerely, Jon Commers Chair c: Mary Erickson, Council Research Cecile Bedor, PED Donna Drummond, PED Allan Torstenson, PED Patricia James, PED Merritt Clapp-Smith, PED Christine Rozek, DSI Wendy Lane, DSI Peter Warner, CAO AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER city of saint paul planning commission resolution file number __________11-42_______________ date _______________May 27, 2011____________ Amendments to Off-Street Parking Requirements and Definitions for Restaurants and Bars WHEREAS, the Planning Commission passed a resolution on May 22, 2009, file number #09-33, initiating a zoning study to consider amendments to the zoning code regarding off-street parking facility standards and design; and WHEREAS, a public hearing on the proposed off-street parking requirement and design standards zoning amendments was conducted by the Planning Commission on January 22, 2010; and WHEREAS, on March 12, 2010, the Planning Commission passed a resolution recommending the off-street parking amendments to City Council for consideration; and WHEREAS, on June 16, 2010, the City Council approved most of the recommended off-street parking amendments, but did not approve parking amendments for establishments serving wine, beer or liquor, and instead asked staff from the Departments of Planning and Economic Development and from Safety and Inspections to do additional study of parking requirements and licensing for these uses; and WHEREAS, staff conducted additional review of establishments serving wine, beer and liquor and considered how they vary in parking demand and impact on the surrounding areas, and in response drafted proposed zoning and licensing amendments that differentiate between these establishments in operation and required parking; and WHEREAS, the Comprehensive Planning Committee reviewed the draft amendments on April 26, 2011 and forwarded them to Planning Commission for consideration and recommendation to the Saint Paul City Council, with no public hearing to be held at Planning Commission since the matter follows up on similar amendments considered and reviewed at Planning Commission in 2010; and WHEREAS, the Planning Commission considered the recommendations of the Comprehensive Planning Committee; moved by _____________Merrigan_________________ seconded by _______Ward____________________ in favor ______________Unanimous_________________ against ________________________________________ File # Planning Commission Resolution Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED, under the provisions of § 61.801 of the Zoning Code and pursuant to the provisions of Minnesota Statutes § 462.357, that the Planning Commission recommends to the City Council amendments to Chapters 63, 65 and 66 of the Zoning Code per the attached “Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars” dated 3/23/2011. BE IT FURTHER RESOLVED, that the Planning Commission directs the Director of Planning to forward the Zoning Amendments, appropriate documentation, and this resolution to the Mayor and City Council for their review and adoption. Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars [with explanations noted in bracketed text] 1 6/8/2011 Sec. 63.206. Rules for computing required parking. (c) In addition to the requirement of section 63.204, there shall be provided off-street parking spaces for all bars or premises licensed for entertainment class C on-sale intoxicating liquor (excluding restaurants licensed for wine, strong beer, or nonintoxicating malt liquor) or entertainment as provided herein: (1) Issuance of a license to an existing structure not previously licensed for a bar or entertainment class C during the twenty-four (24) months preceding the application, off-street parking pursuant to section 63.207. (2) Expansion of a bar or premises licensed for entertainment class C, licensed structure with an on-sale intoxicating liquor license off-street parking pursuant to section 63.207 at the same rate as transfer or new issuance to an existing structure not previously licensed, plus twenty-five (25) percent of any parking shortfall for the existing building licensed area. "Parking shortfall" shall mean the difference between required parking pursuant to section 63.207 for the existing area as currently licensed structure minus the number of parking spaces actually provided for that area structure. The percentage of the parking shortfall to be provided shall be increased to forty (40) percent if there is a bar or premises licensed for entertainment class C within six hundred fifty (650) feet of the existing establishment. (3) Expansion of a licensed structure with an on-sale intoxicating liquor license, or an upgrade in an entertainment license, when located within six hundred fifty (650) feet of another existing establishment with an on-sale intoxicating liquor or entertainment license shall provide an additional fifteen (15) percent of any parking shortfall. [Text changes above use proposed bar use definition to replace former descriptions of these establishments based on licenses. Text in subsection (3) is moved to the end of subsection (2) and cleaned up for clarity.] Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars [with explanations noted in bracketed text] 2 6/8/2011 Sec. 63.206(d). Shared Parking (table) Table 63.206(d). Shared Parking General Land Use Classification Weekdays Weekends 2 am – 7 am 7 am – 6 pm 6 pm – 2 am 2 am – 7 am 7 am – 6 pm 6 pm – 2 am Office 5% 100% 5% 0% 10% 0% Retail sales and services 0% 90% 80% 0% 100% 60% Restaurant (not 24 hour) / Bar 10% 70% 100% 20% 70% 100% Residential 100% 60% 100% 100% 75% 90% Theater 0% 40% 90% 0% 80% 100% Hotel Guest rooms 100% 55% 100% 100% 55% 100% Restaurant /lounge 40% 60% 100% 50% 45% 100% Conference rooms 0% 100% 100% 0% 100% 100% Religious institution 0% 25% 50% 0% 100% 50% Reception or meeting hall 0% 70% 90% 0% 70% 100% Museum 0% 100% 80% 0% 100% 80% School, grades K—12 0% 100% 25% 0% 30% 10% [Text changes above add the term “bar” to the table and remove the term “not 24 hour” since it is not relevant to the shared parking determination.] Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars [with explanations noted in bracketed text] 3 6/8/2011 Table 63.207. Minimum Required Off-Street Parking By Use Food and Beverages Bar 1 space per XXX* sq. ft. GFA Brew on premises store 1 space per 900 sq. ft. GFA Catering 1 space per 900 sq. ft. GFA Establishment with entertainment license class C 1 space per 75 sq. ft. GFA and as required in section 63.206(c) Establishment with on-sale wine, strong beer, or nonintoxicating malt liquor 1 space per 125 sq. ft. GFA Establishment with on-sale intoxicating liquor or entertainment license class A or B 1 space per 100 sq. ft. GFA and as required in section 62.103(f)(3) Restaurant, coffee shop, tea house, deli 1 space per 400 sq. ft. GFA [*XXX – In place of the XXX for the bar parking requirement, select a number such as 200, 150, 125, or 100. The table below provides examples of the number of parking spaces that would be required under different parking requirement levels for a sample of seven existing businesses that meet the proposed definition of “bar”. This information can assist policy makers in determining what level of parking requirements they find most appropriate for these types of establishments. Example Businesses that would be defined as “Bars” Ward Estimated Building Gross Square Feet (sq ft) Minimum spaces at CURRENT Required = 1/100 Minimum spaces if required bar parking = 1/125 Minimum spaces if required bar parking = 1/150 Minimum spaces if required bar parking = 1/200 Muddy Pig 162 N Dale St 1 1750 18 14 12 9 Arcade Bar 932 Arcade St 6 2500 25 20 17 13 The Cherry Pit 735 White Bear Ave N 7 2800 28 22 19 14 Groveland Tap 1834 St. Clair Ave 3 3000 30 24 20 15 Lonetti's Lounge 1091 Rice St 5 3200 32 26 21 16 Gabe's Roadhouse 991 Lexington Ave 4 7400 74 59 49 37 The Lexington 1096 Grand Ave 2 8000 80 64 53 40 The above proposed changes for Table 63.207. Minimum Required Off-Street Parking By Use, add the newly defined use “bar,” which applies to establishments that serve alcoholic beverages between midnight and 2:00 a.m.. The use “restaurant” applies to all eating establishments with wine, beer and liquor that close by midnight, or establishments with no wine, beer or liquor that close at any hour. All restaurants would be required to provide parking at 1 space per 400 square feet, consistent with the requirement adopted by City Council in 2010 for eating establishments without liquor. The rationale is that the occupancy and related parking demands of restaurants tends to be similar whether Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars [with explanations noted in bracketed text] 4 6/8/2011 or not people have alcoholic beverages with their meal. It is recommended that the required parking for bars be higher than the requirement for restaurants, since the intensity in occupancy is likely grow in places open late at night, when the focus shifts from seated food service to beverage service with more patrons congregating and standing or dancing, in addition to being seated.] Retail sales and services (…uses above this in the table) Multiuse retail center 1 space per 400 sq. ft. GFA up to 30,000 sq ft GFA, plus 1 space for each additional 800 sq ft GFA over 30,000 sq. ft. GFA. Required parking for uses defined as a “Bar” or establishment with entertainment license class C shall be calculated independently according to Table 63.207. (…uses below this in the table) [The above change is made to be consistent with the recently amended term “multiuse center”. However, since the new term expands the uses applicable to a multi-use center beyond just “retail” uses, it is felt that two of the new applicable uses “bar” and “license Class C”, should continue to be calculated according to their unique parking requirements, since those requirements are distinctly higher than the 1 space per 400 sq ft standard which applies to or approximates the other applicable uses.] * * * Sec. 65.610. Bar. An establishment that serves wine, beer, or intoxicating liquor for consumption on the premises any time between midnight and 2:00 a.m. Standards and conditions in traditional neighborhood and B2 community business districts: In traditional neighborhood and B2 community business districts, a conditional use permit is required for a bar of more than five thousand (5,000) square feet in floor area to ensure size and design compatibility with the particular location. [The definition of “bar” differentiates establishments with alcohol service that are open past midnight. Due to the hours of operation, a “bar” will tend to focus on alcohol service over food in the late hours and attract more customers who may congregate standing, in addition to seated, thereby increasing the occupancy of the establishment. The standard for a Conditional Use Permit (CUP) is modeled on that for restaurant, but the lower threshold of 5,000 sq. ft. is used instead of 15,000 sq ft, since a bar is anticipated to have higher late night occupancy, increasing its visibility and potential impacts in the area, which could be addressed by a CUP. A CUP would also be required in B2 districts, which are commonly used in locations along neighborhood commercial streets similar to traditional neighborhood districts, and the potential impacts on the area are the same whether the property is zoned traditional neighborhood or B2.] Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars [with explanations noted in bracketed text] 5 6/8/2011 Sec. 65.6110. Brew on premises store. [No change in text.] Sec. 65.6121. Coffee kiosk. [No change in text.] Sec. 65.6132. Coffee shop, tea house. An establishment engaged principally in the sale of coffee, tea, and other non-alcoholic alcohalic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items as allowed under a restaurant C licensce. Standards and conditions in the TN1 traditional neighborhood and B1 business districts: A conditional use permit is required for a coffee shop or tea house of more than 800 square feet in gross floor area or for an accessory cabaret. Drive through uses (primary and accessory) are prohibited. Standards and conditions in T2-T4 traditional neighborhood districts: See section 65.6143, restaurant. [Permitted uses are covered by the use tables in Chapter 66; the information should not be duplicated here.] Sec. 65.6143. Restaurant. An public establishment eating place engaged in the preparation and sale which serves a substantial portion of its food for consumption at tables or counters located on the premises. This term shall include, but not be limited to, an establishment known as a café, smorgasbord, diner or similar business. Any facilities for carry-out shall be clearly subordinate to the principal use of providing foods for consumption on the premises. [Proposed text changes to the definition are for clarity and consistency with other definitions.] Sec. 65.6154. Restaurant, carry-out, deli. . . . Standards and conditions: See section 61.6143, restaurant. Sec. 65.6165. Restaurant, fast-food. [No change in text.] Sec. 65.6176. Restaurant, outdoor. [No change in text.] Table 66.321. Principal Uses in Traditional Neighborhood Districts Proposed Amendments to Definitions and Off-Street Parking Requirements for Restaurants and Bars [with explanations noted in bracketed text] 6 6/8/2011 Table 66.421. Principal Uses in Business Districts Use OS B1 BC B2 B3 B4 B5 Development Standards Food and Beverages Bar P/C P P P Brew on premises store P P P P Catering P P P P Coffee kiosk P P P P Coffee shop, tea house P/C P P P P Restaurant P P P P Restaurant, carry-out, deli P P P P P Restaurant, fast-food P/C P/C P P Restaurant, outdoor P P P P Table 66.521. Principal Uses in Industrial Districts Use IR I1 I2 I3 Development Standards Food and Beverages Bar P P P Brew on premises store P P P Catering P P P Coffee kiosk P P P Coffee shop, tea house P P P Restaurant P P P Restaurant, carry-out-deli P P P Restaurant, fast food P/C P P Restaurant, outdoor P P P Use T1 T2 T3 T4 Development Standards Food and Beverages Bar P/C P/C P/C Brew on premises store P P P Catering P P P Coffee shop, tea house P/C P/C P/C P/C Restaurant P/C P/C P/C Restaurant, carry out, deli P/C P/C P/C Restaurant, fast food P/C P/C P/C Restaurant, outdoor P P P/C City Hall and Court House 15 West Kellogg Boulevard Phone: 651-266-8560 City of Saint Paul Legislation Details (With Text) File #: Version:1Ord 12-27 Name:SPLC Chapter 321 - Rooming and Boarding Amendment Status:Type:Ordinance Second Reading In control:City Council Final action: Title:Amending Chapter 321 of the Saint Paul Legislative Code pertaining to Rooming and Boarding. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/2/2012 1 Title Amending Chapter 321 of the Saint Paul Legislative Code pertaining to Rooming and Boarding. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 321.05 of the Saint Paul Legislative Code is hereby amended to read as follows: ****** Sec. 321.05. - Regulations (a) Applicable laws, rules and regulations. No persons shall be granted a license nor shall any person operate a business licensed under this chapter that is not in compliance with all applicable laws, rules and regulations, including this chapter and Chapter 33, Building Code; Chapter 34, Minimum Housing Standards; Chapter 35, Safety to Life Requirements;Chapter 55, Fire Code; Chapter 60, Zoning Code; and Chapter 331 A, Food. Also Minnesota Statutes Chapter 327 and Minnesota Rules 4625 as amended from time to time. For good cause shown, the health officer Department of Safety and Inspections may grant a variance from the equipment standards provided for in Chapter 331 A when ten (10) or fewer residents are served. (b) Posting of license. Each licensee shall keep the license granted hereunder prominently posted on the premises. (c) Rules and regulations. The department of safety and inspections may promulgate rules and regulations reasonably necessary to the safe and sanitary operation of business establishments licensed under this chapter. Copies of proposed rules and regulations, and amendments thereto, shall be made available free of charge to the public, and at least ten (10) days' written notice published in the official newspaper of the city shall be provided requesting written comments thereto. Subsequent to the published notice and after City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-27, Version: 1 consideration of any comments, the health officer may adopt such rules and regulations, or amendments, and shall file a copy of the same with the office of the city clerk. Rules and regulations shall be effective on such date as indicated therein, but in no event shall they be effective prior to twenty (20) days after being filed in the office of the city clerk. ****** 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 5/8/2012Page 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 12-28 Name:SPLC Chapter 378 - Bed and Breakfast Residence Amendment Status:Type:Ordinance Second Reading In control:City Council Final action: Title:Amending Chapter 378 of the Saint Paul Legislative Code pertaining to Bed and Breakfast Residence. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/2/2012 1 Title Amending Chapter 378 of the Saint Paul Legislative Code pertaining to Bed and Breakfast Residence. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 378.05 of the Saint Paul Legislative Code is hereby amended to read as follows: ****** Sec. 378.05. - Requirements The following requirements shall apply to bed and breakfast residence and shall be used in determining the suitability for a city license: (1) Owner occupied. To qualify for a license as a bed and breakfast residence, the dwelling unit must be owner-occupied. (2) Housing code. The bed and breakfast residence must comply with the housing code. (3) Fire code. The bed and breakfast residence must comply with the fire code. (4) Escape window. Each guest room in the bed and breakfast residence shall be provided with an escape window as defined in the state building code. (5) Smoke detector. A single station hard-wired smoke detector shall be provided in an approved location outside each sleeping area in each guest room in the bed and breakfast residence. City of Saint Paul Printed on 5/8/2012Page 1 of 2 powered by Legistar™ File #: Ord 12-28, Version: 1 (6) Fire extinguisher. A minimum 1A:10BC portable fire extinguisher shall be provided in the kitchen of the bed and breakfast residence. (7) Food ordinance. The owner of the bed and breakfast residence must have a Class 0 food license and comply with the food ordinance Chapter 331A, except that where accommodations are provided for ten (10) or fewer persons, the owner may request in writing to the director of the department of safety and inspections a variance from a portion or portions of the food ordinance for facilities to serve food to the bed and breakfast residence guests only. The department of safety and inspections may grant such a variance and shall keep on file a record of the requirements which have been waived as well as any conditions which have been imposed. (8) State requirements. The bed and breakfast residence shall comply with Minnesota Statutes Chapter 327 and Minnesota Rules 4625 as amended from time to time and any other applicable state statutes, and rules and regulations. (9) Zoning code. The bed and breakfast residence shall conform to the zoning code. ****** 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 5/8/2012Page 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 12-29 Name:SPLC Chapter 407 - Hotels Ordinance Amendment Status:Type:Ordinance Second Reading In control:City Council Final action: Title:Amending Chapter 407 of the Saint Paul Legislative Code pertaining to Hotels. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/2/2012 1 Title Amending Chapter 407 of the Saint Paul Legislative Code pertaining to Hotels. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 407.06 of the Saint Paul Legislative Code is hereby amended to read as follows: ****** Sec. 407.06. Requirements Applicable laws, rules and regulations. No persons shall be granted a license nor shall any person operate a business licensed under this chapter that is not in compliance with all applicable laws, rules and regulations. Hotels shall also comply with Minnesota Statutes Chapter 327 and Minnesota Rules 4625 as amended from time to time and any other applicable state statutes, rules or regulations. ****** 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 5/8/2012Page 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 12-30 Name:SPLC Chapter 360 Ordinance Amendments Status:Type:Ordinance Second Reading In control:City Council Final action: Title:Amending Chapter 360 of the Saint Paul Legislative Code pertaining to Public Swimming Pools. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/2/2012 1 Title Amending Chapter 360 of the Saint Paul Legislative Code pertaining to Public Swimming Pools. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 ****** Section 360.02 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 360.02. - Definitions. Definitions of words, phrases, and terms used in this chapter shall be those set forth in Minnesota Administrative Rules 4717.0250 as well as any other state statues or rules relating to public swimming pools . "Public swimming pool" means and includes a bathing place of artificial or partly artificial and partly natural construction located either indoor or outdoor and provided with controlled water supply, where the water is sufficiently deep for complete immersion of the body and is used collectively by numbers of persons for swimming or recreative bathing, together with the surrounding area, buildings, equipment and appurtenances pertaining to such a bathing area, but shall not include a bathing place accessory to a single- or double-family dwelling which is intended only for use of the residents and friends. any pool other than a private residential pool, that is: (1) open to the public generally, whether for a fee or free of charge; (2) open exclusively to members of an organization and their guests; (3) open to residents of a multiunit apartment building, apartment complex, residential real estate development, or other multifamily residential area; (4) open to patrons of a hotel or lodging or other public accommodation facility; or (5) operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, club, condominium, manufactured home park, or political subdivision with the exception of swimming pools at family day care homes licensed under Minnesota Statute section 245A.14, subdivision 11, paragraph (a). ******* City of Saint Paul Printed on 5/8/2012Page 1 of 4 powered by Legistar™ File #: Ord 12-30, Version: 1 Section 360.04 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 360.04. - Licensing requirements; submission of plans and specifications. The following requirements shall apply to the licensing of public swimming pools: (1) No person shall begin construction of a public swimming pool or shall substantially alter or reconstruct any public swimming pool without first having submitted plans and specifications to the Minnesota Department of Health (MDH)inspector for review and approval. All plans and specifications shall also be submitted in duplicate and the inspector shall arrange for the review and approval of the plans and specifications by the department of safety and inspections building official. No permit to construct, alter or renovate shall be issued by the inspector until approval is granted by the Minnesota Department of Health and department of safety and inspections. (2) The application for a permit to construct or remodel a public swimming pool shall be on forms prescribed by the department of safety and inspections inspector, together with any supporting data as may be required for the proper review of the plans. (3) The pool and facilities shall be built in accordance with the plans as approved by the Minnesota Department of Health and the building official. Changes or modifications of said plans must be submitted to and approved by the Minnesota Department of Health have approval in writing and by the building official. The owner or his agent shall notify the Minnesota Department of Health and director of the department of safety and inspections at specific predetermined stages of construction to permit adequate inspection of the pool and related equipment during and after construction. A final inspection shall be made upon completion of the pool facilities. The pool shall not be placed in operation until such inspections show compliance with the requirements of this chapter. (4) The criteria to be followed by the department of safety and inspections in the review and approval of plans shall be promulgated as rules and regulations as authorized by this chapter. (5) The plans shall be drawn to scale and accompanied by proper specifications so as to permit a comprehensive engineering review of the plans including the piping and hydraulic details and shall include : a. Plan and sectional views with all necessary dimensions of both the pool and surrounding area. b. A piping diagram showing all appurtenances including treatment facilities in sufficient detail, as well as pertinent elevation data, to permit a hydraulic analysis of the system. c. The specifications shall contain details on all treatment equipment, including catalog identification of pumps, chlorinators, chemical feeders, filters, strainers, interceptors and related equipment. Section 360.05 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 360.05. - Design, construction and operation features. Standards for construction, operation, and maintenance. Minnesota Administrative Rules 4717.0150 to 4717.3970 in effect on the effective date of this chapter, as it may be amended from time to time, are hereby adopted by reference and made a part of this chapter. Reasonable regulations shall be promulgated by the director of the department of safety and inspections City of Saint Paul Printed on 5/8/2012Page 2 of 4 powered by Legistar™ File #: Ord 12-30, Version: 1 covering design, construction and operation of public swimming pools. No permit to construct, alter, remodel or license to operate shall be granted unless the pool conforms with these regulations. (b) The regulations shall cover, but not be limited to, the following items: (1) Water supply, sewer and waste connections. (2) Design detail. (3) Materials of construction. (4) Walls, markings and slopes. (5) Overflow gutters and skimmers. (6) Inlets and outlets. (7) Separation, zoning and control of users. (8) Recirculation equipment, piping and appurtenances. (9) Disinfection and chemical feed equipment. (10) Bathhouse and appurtenances, including plumbing fixtures. (11) Ladders, stairs, decks and walkways, diving equipment. (12) Diving, swimming, and bathing areas. (13) Ventilation, lighting and electrical facilities and connections (safety aspects). (14) Safety and lifesaving equipment. (15) Water quality, supervision and cleaning. (16) Operation. Section 360.06 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 360.06. - Regulations to be promulgated. The department of safety and inspections is authorized to promulgate regulations in connection with the operation and maintenance of public swimming pools for the protection and promotion of public health and safety. The inspector from the department of safety and inspections shall perform inspections at reasonable hours to ensure compliance. Every public swimming pool shall be operated under the close supervision of a designated operator. Every designated operator shall be required to obtain a certificate of competency issued by the department of safety and inspections upon successfully completing a swimming pool operator's training course offered by the department of safety and inspections, for which said department may charge a reasonable fee, or any other swimming pool course approved by the department of safety and inspections. Section 360.07 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 360.07. - Health and safety. (a) Communicable diseases. No person having a communicable disease shall be employed or work at a public swimming pool. All patrons or swimmers suspected of having an infectious disease shall be excluded. (b) Safety; lifeguards. Appropriate facilities shall be provided for the safety of bathers as may be required by the department of safety and inspections. Competent lifeguards shall be on duty during all swimming periods when so ordered by the director of the department of safety and inspections or when a use fee is charged. (c) Supervision. Every swimming pool shall be under the supervision of a capable individual who shall assume the responsibility for compliance with all parts of this chapter relating to pool operation and maintenance. (d) Access. When the swimming pool is not open for use, access to such pool shall be prevented, and such prevention shall be the responsibility of the owner or his agent. City of Saint Paul Printed on 5/8/2012Page 3 of 4 powered by Legistar™ File #: Ord 12-30, Version: 1 (e) Emergency instructions. Instructions regarding emergency calls shall be posted in a conspicuous place in the pool area. (f) Maximum load. Not more than the maximum design bather load shall be permitted in the swimming pool at any one time. Sec. 360.0807. - Inspection. The department of safety and inspections is authorized to conduct such inspections as it deems necessary to ensure compliance with all provisions of this chapter and shall have the right of entry at any reasonable hour to the swimming pool for this purpose. Section 360.08 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 360.1008. - Licenses not transferable. Licenses issued pursuant to this chapter are not transferable. Section 360.09 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 360.09. - Operation. (a) Records. The operator of each pool shall keep a daily record of information regarding operation, including disinfectant residuals, pH, maintenance procedure, recirculation, together with the other data as may be required on forms furnished by the department of safety and inspections. These data shall be kept on file by the operator for six (6) months for review by said department or submitted periodically to the department as may be required by the director of the department of safety and inspections. Pool water samples shall be submitted to the department as required by the aforesaid director. (b) Maintenance. The pumps, filter, disinfectant and chemical feeders, and related appurtenances, shall be kept in operation at all times the swimming pool is in use and for such additional periods as needed to keep the pool water clear and of satisfactory bacterial quality. Continuous operation of the recirculation system shall be maintained in every swimming pool during seasons of regular use. Sec. 360.1109. - Reissuance after revocation. Reapplication may be made following a license revocation, and upon presentation of evidence that the deficiencies causing revocation have been corrected, the inspector may reissue the license. 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 5/8/2012Page 4 of 4 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 12-22 Name:Amending Chapter 331A of the Saint Paul Legislative Code pertainint to Special Event Food Sales Status:Type:Ordinance Agenda Ready In control:City Council Final action: Title:Amending Chapter 331A of the Saint Paul Legislative Code pertaining to Special Event Food Sales. Sponsors:Kathy Lantry Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title Amending Chapter 331A of the Saint Paul Legislative Code pertaining to Special Event Food Sales. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 331A.01 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 331A.01. - Purpose. (a) The purpose of this chapter is to establish standards to protect the health, safety and the general welfare of the people of Saint Paul pursuant to powers granted under Minnesota Statutes Chapter 145A, 157 and § 28A.075. (b) These general objectives include the following: (1) Prevent food-borne illness; (2) Correct and prevent conditions that may adversely affect persons utilizing food establishments; (3) Provide minimum standards for the design, construction, operation and maintenance of food establishments; and (4) Meet consumer expectations of the quality and safety of food establishments. ***** SECTION 2 City of Saint Paul Printed on 5/8/2012Page 1 of 4 powered by Legistar™ File #: Ord 12-22, Version: 1 Section 331A.03 of the Saint Paul Legislative Code is hereby amended to read as follows: Section 331A.03. - Definitions ***** (u) Special event food establishment: A food establishment operating in a temporary structure at a temporary location in conjunction with a special event. The food operations shall be restricted to the menu items, food preparation methods and equipment submitted in the application and approved by the director. Application must be submitted a minimum of seven (7) business days prior to the first day of the special event. Applications received less than seven (7) business days prior to the event shall incur a late fee equal to 50 percent of the license fee. (u) (v) Unwholesome shall mean anything adulterated, unsound, unhealthful, unclean or unfit for human consumption. (v) (w) Wholesale food processor, manufacturer or distributor shall mean a food establishment that processes, reprocesses, manufactures and/or distributes raw materials, food ingredients or food products, packages food for sale to others for resale, commercially slaughters animals or poultry and where the total gross sales from the wholesale processing, manufacturing, and/or distributing operations exceed 50% of the establishment's gross sales. SECTION 3 Section 331A.04 of the Saint Paul Legislative Code is hereby amended to read as follows: Section 331A.04. - License Administration (d) License Fees. ***** (33) Special event food sales - 1 to 3 days: A license for a special event food establishment that shall be valid for only one event and shall not exceed three (3) consecutive days. food establishment as a special event, where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by the director prior to the event. This license shall be valid for only one event that shall not exceed three (3) consecutive days. This license shall only be issued in conjunction with a special event. (34) Special event food sales - 4 to 14 days: A license for a special event food establishment that shall be valid for only one event and shall not be issued for less than four (4) consecutive days nor shall exceed fourteen (14) consecutive days. food establishment as a special event, where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by thedirector prior to the event. This license shall be valid for only one event that shall not be less than four (4) and shall not exceed fourteen (14) consecutive days. This license shall only be issued in conjunction with a special event. (35) Special event food sales - Annual: A license for a special event food establishment participating in an City of Saint Paul Printed on 5/8/2012Page 2 of 4 powered by Legistar™ File #: Ord 12-22, Version: 1 unlimited number of special events within a twelve-month period. Where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. At the time of application, all events to be participated in during the upcoming twelve -months must be listed. Any change in the events listed in the application shall be submitted in writing, to the director for approval, a minimum of seven (7) business days prior to the event. Any change in menu during the twelve- month license period shall require submission of a new license application and payment of a new fee. This license shall only be issued in conjunction with a special event. (36) Special event food sales - Extension: A special event food establishment license for a restaurant to extend food sales in conjunction with a special event to areas contiguous to the restaurant, and where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by the director prior to the event. This license shall be valid for only one event that shall not exceed fourteen (14) consecutive days. (37) Special event food sales - Nonprofit: A special event food establishment license issued to a registered nonprofit organization. selling food in conjunction with a special event where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by the director prior to the event. This license shall be valid for only one event that shall not exceed fourteen (14) consecutive days. (e) License fee; special event food establishment. The license fee for a special event food establishment shall be determined by the total area used for the display, preparation, processing, storage and sale of foods. The base size for a special event food establishment shall be one-hundred (100) square feet. Each 100 square foot area or portion thereof in excess shall incur a separate license fee Larger and/or additional food establishment sizes require addtional review and inspection by the Department of Safety and Inspections (DSI). Multiple locations by an operator at a single event will require a separate special event license for each location. (e) (f) License expiration. Licenses issued pursuant to this chapter shall expire in accordance with section 310.18(a) of the Saint Paul Legislative Code. (f)(g)Transfer and display of license. (1) Only a person who complies with the requirements of this chapter shall be entitled to receive a license. A license shall not be transferable as to person or place. A license obtained for a food establishment shall be conspicuously display to the public. (2) A catering food vehicle operating in the city shall be identified with the name, city and telephone number of the licensee displayed on both sides of the vehicle in a conspicuous place as designated by the department. The name shall be in letters of four (4) inches minimum height and of a color contrasting with the background. (g)(h) Food safety training. The department may require an applicant for a license to participate in a meeting or training session provided by the department, including the use of videotape or other alternative training methods, for the purpose of providing information in the factors that cause and prevent foodborne illness if the applicant is not required to employ a certified food manager. City of Saint Paul Printed on 5/8/2012Page 3 of 4 powered by Legistar™ File #: Ord 12-22, Version: 1 SECTION 4 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. City of Saint Paul Printed on 5/8/2012Page 4 of 4 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 12-24 Name:Amending Section 310.18 (d) Special Event Food Sales license fee schedule Status:Type:Ordinance Agenda Ready In control:City Council Final action: Title:Amending Chapter 310 of the Saint Paul Legislative Code Code pertaining to Special Event Foods Sales License Fee Schedule. Sponsors:Kathy Lantry Indexes: Code sections: Attachments:SPLC 310.18 (d) Special Event Food Sales Fee schedule.pdf Action ByDate Action ResultVer. Title Amending Chapter 310 of the Saint Paul Legislative Code Code pertaining to Special Event Foods Sales License Fee Schedule. Body THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 Section 310.18 of the Saint Paul Legislative Code is hereby amended to read as follows: SEE ATTACHED LICENSE FEE SCHEDULE 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 5/8/2012Page 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:4Ord 12-25 Name:District 9 Gateway Zoning Study Status:Type:Ordinance Third Reading Public Hearing In control:City Council Final action: Title:Amending Chapter 60 of the Saint Paul Legislative Code pertaining to the District 9 Gateway Zoning Study. (Public hearing will be held on May 9, 2012 at 3:30 p.m.) Sponsors:Dave Thune Indexes: Code sections: Attachments:D9gatewayzoningpcmemotomayorandcc.pdf D9 T3 zoning letter.pdf Response to commercial zoning survey 2012.pdf District 9 Gateway Zoning Study email.pdf Action ByDate Action ResultVer. City Council5/2/2012 2 City Council5/2/2012 2 City Council4/25/2012 2 Title Amending Chapter 60 of the Saint Paul Legislative Code pertaining to the District 9 Gateway Zoning Study. (Public hearing will be held on May 9, 2012 at 3:30 p.m.) Body WHEREAS, the District 9 Area Plan Summary was adopted by the Saint Paul City Council on July 7, 2010, and contains strategies in the areas of housing, jobs and economic development, community development, land use, historic preservation and aesthetics; and WHEREAS, on June 22, 2011, the City Council passed a resolution (CF #11-1213) requesting that the Planning Commission undertake a zoning study to assess whether the zoning classification of several "gateway" parcels near the W. 7th/Grand/Ramsey intersection furthers the Jobs & Economic Development and Housing strategies identified in the District 9 Area Plan Summary; and WHEREAS, the study area boundaries were generally identified as Grand/Ramsey on the north and east, Smith Avenue on the south and east, Forbes Avenue on the south and west, and 35E on the north and west; and WHEREAS, at the same time, the City Council placed a one-year moratorium on the issuance of zoning and building permits or approvals in the study area (CF #11-74); and WHEREAS,all but two of the parcels (those currently zoned B3)within the study area were rezoned in October 2011 as part of the District 9 Residential Zoning Study and the District 9 Commercial Zoning Study WHEREAS,staff met with community residents and business owners to provide background on the zoning study, present planning precedents, discuss the neighborhood's vision for the gateway and get feedback on City of Saint Paul Printed on 5/8/2012Page 1 of 3 powered by Legistar™ File #: Ord 12-25, Version: 4 potential new zoning options; and WHEREAS, the Planning Commission released the study recommendations on January 27, 2012; and WHEREAS, the study recommended rezoning the two B3 parcels to T3 and retaining the R4 and T1 zoning for the remainder of the parcels in the study area; and WHEREAS, the study together with public input leads to the conclusion that T1 concluded that T3 zoning: 1) is consistent with the District 9 Area Plan Summary and the Land Use chapter of the Comprehensive Plan; 2) will allow a level of density and mix of uses appropriate to this higher-intensity gateway will follow historic patterns of denisity in the West Seventh Commercial District surrounding this gateway, in which retail uses on the ground floor with residential uses on the second are the norm; 3) is a good transition to the T2 zoning along W. 7th, and from the low-density mixed-use buildings on Ramsey Hill to the T1 zoning on Smith Avenue, as well as a good transition between the B5 zoning on the United/Children's campus and the single-family residential uses immediately south zoning/land use southwest of the study area; and 4) maintains adequate light and air for the small, pioneer-era homes that abut these properties on their soughern boundaries; 5) requires compliance with design standards that will improve the pedestrian character of Grand/Ramsey, and soften the transition between commercial and residential uses; and WHEREAS, the Planning Commission held a public hearing on March 9, 2012, notice of which was published in the St. Paul Legal Ledger on February 13, 2012, and at which all interested persons were invited to speak and were heard; and WHEREAS, on March 23, 2012, the Planning Commission, after duly considering all public testimony, recommended rezoning of the B3 General Business parcels within the District 9 Gateway Zoning Study area to T3 Traditional Neighborhood, and found that T3 zoning: · is consistent with the District 9 Area Plan Summary and the Land Use chapter of the Comprehensive Plan; · is consistent with site-specific future development objectives identified by the community, including: § improve the visual appearance and vitality of the gateway area; § improve Grand/Ramsey as a pedestrian connection between Ramsey/Summit Hill, Irvine Park and the Mississippi River through both private development /land use and pedestrian amenities in the public right-of-way; § better integrate (provide a better transition between) commercial uses on the major thoroughfares with the adjacent residential neighborhood fabric; § attain a more "urban" character to the gateway with less surface parking and more street enclosure via buildings that frame the street; § increase density along Grand/Ramsey; and § further larger neighborhood goals of livability and vitality. · allows a level of density and mix of uses appropriate to this higher-intensity gateway; · is a good transition to the T2 zoning along W. 7th, and between the B5 zoning on the United/Children's campus and the residential zoning/land use southwest of the study area; and · requires compliance with design standards that will improve the pedestrian character of Grand/Ramsey Street, and soften the transition between commercial and residential uses; and WHEREAS, a public hearing before the City Council was conducted on May 2 and 9, 2012, at which all interested persons were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the proposed zoning amendments, pursuant to the authority granted by and in accordance with the procedures set forth in Minnesota Statutes §462.357; City of Saint Paul Printed on 5/8/2012Page 2 of 3 powered by Legistar™ File #: Ord 12-25, Version: 4 WHEREAS, it was determined, due to an error in the required notice that there was confusion regarding the date of the May 2, 2012 public hearing, that and an additional public hearing date was necessary was held on May 2, 2012, while,and, in accordance with Minn. Stat. § 462.357, an additional public hearing was therefore duly set and noticed for May 9th at 3:30 p.m.; and WHEREAS, following the public hearing conducted on May 2, 2012, the Council, moved that the new zoning classification for existing B3 parcels in the study area be amended from T3, as recommended by the Planning Commission, to T1; and WHEREAS, the Council findings that T1 zoning for these parcels is: ·More consistent with the District 9 Area Plan Summary and the Land Use chapter of the Comprehensive Plan and is more consistent with site-specific future development objectives identified by the community, including: o improves the visual appearance and vitality of the gateway area; o improves Grand/Ramsey as a pedestrian connection between Ramsey/Summit Hill, Irvine Park and the Mississippi River through both private development /land use and pedestrian amenities in the public right-of-way; o better integrates (provides a better transition between) commercial uses on the major thoroughfares with the adjacent residential neighborhood fabric; o attains a more "urban" character to the gateway with less surface parking and more street enclosure via buildings that frame the street; and o furthers the larger neighborhood goals of livability and vitality. ·Allows a level of density and mix of uses appropriate to this transitional gateway; and ·Allows a better transition to the historic two-story mixed-buildings along W. 7th as well as between the T1 zoning on the Smith Avenue side of the block and the residential zoning/land uses south of the study area as well as the townhomes of Ramsey Hill west of the study area; Now, Therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 That the Zoning Map of Saint Paul, incorporated by reference in 60.303 of the Saint Paul Legislative Code, is hereby amended as follows: PIN # Existing Zoning New Zoning 01-28-23-41-0162 B3 T1 01-28-23-41-0161 B3 T1 SECTION 2 This ordinance shall become effective thirty (30) days after its passage, approval and publication. City of Saint Paul Printed on 5/8/2012Page 3 of 3 powered by Legistar™ Paulette Myers-‐Rich David Rich 436 Smith Avenue N. St. Paul, MN 55102 April 21, 2012 Dear Council Member Thune, We are writing in opposition to the recommendation to rezone the parcel on Grand Avenue between Thompson St. and Smith Avenue to T-‐3. This area adjoins a residential neighborhood, separated only by a small alley. A T-‐3 designation would permit uses far too intense and incompatible with a residential neighborhood that is currently undergoing reclamation after years of neglect. This area is within an Invest St. Paul zone, in an active community of involved homeowners working hard to promote the neighborhood known as Little Bohemia as a desirable area to live, raise children and invest. A large-‐scale development of the sort permitted by a T-‐3 designation would undermine their efforts, as the loss of light and air, along with the addition of noise and increased traffic, would negatively impact quality of life and the peaceful use of their homes, indoors and out. A T-‐3 designation would permit structures that are too tall for the adjoining homes, and it would also permit parking ramps, which would increase traffic in an already stressed area that has been undergoing traffic calming measures for several years-‐ yet unresolved. This would aggravate the situation making pedestrian and bicycle use in the neighborhood more hazardous at a time when W. 7th St is about to get a high speed bus way intended to encourage pedestrian and commuter traffic. Development permitted by T-‐3 zoning is not compatible with many of the current community efforts underway to revitalize the area and attract more homeowners. This designation would also adversely impact the entire Uppertown neighborhood, on both sides of W. 7th St, as the area has recently been studied for an Historic Status designation. There are key historic structures in the vicinity that would be negatively impacted, possibly even threatened, by additional large-‐scale structures and the traffic this would bring. Dedicated homeowners have been working hard, spending their resources of time and money, taking big risks to remain in and revive our neighborhood, which has suffered for years from the installation of the I-‐35E corridor, as well as the speculative land-‐banking of developers and “investors” in the vicinity for years. We have nothing but a dead-‐zone to show for it and are concerned that the gains the residents of the neighborhood have made will be undermined by creating zoning that promotes more of the kind of real estate speculation of big development and property flipping that has been in place for the last decade on Grand and Smith Avenues. This has so far done more harm than good in our community. I believe, along with many of my neighbors, that a T-‐1 designation would be more compatible with the environment we are hoping to build for our neighborhood and would encourage the kind of development that is viable, sustainable and multi-‐purpose that could last one hundred years, such as the area’s T-‐1 scale historic brick buildings. These are highly desirable, mixed-‐use structures that haven’t outgrown their useful life yet, even after 125 years. Please support our community’s wishes for the more compatible T-‐1 zone designation. Thank you and all best wishes, Paulette Myers-‐Rich David Rich January 30, 2012 Lucy Thompson, Principal City Planner Department of Planning & Economic Development 1300 City Hall Annex 25 W. Fourth Street Saint Paul, MN 55102 RE: District 9 Gateway Zoning Study Dear Lucy, Thank you for attending the January meeting of the Little Bohemia Neighborhood Association and allowing neighborhood residents and business owners the opportunity to provide input into the remaining portion of the District 9 Gateway Zoning Study. We have also reviewed your staff report, and while we agree with your assessment of the neighborhood we disagree with your recommendation for TN3 zoning of this area. Although at our neighborhood meeting we agreed that TN2 or TN3 zoning would be acceptable, we have considered the options and our goals for the Little Bohemia Neighborhood Association and now feel that TN1 zoning is more appropriate. Our reasons for coming to this conclusion include:  The other commercial properties on the block (along Smith avenue) are zoned TN1. This seems appropriate for commercial properties that are in such close proximity to the single family homes on the same block.  An important objective of the neighborhood, as stated in your staff report is to “better integrate (provide a better transition between) commercial uses on the major thoroughfares with the adjacent residential neighborhood fabric”. The uses allowed in TN3 such as auto service station or a commercial parking facility would be too intrusive given the close proximity of single family homes to this property. TN1 would allow for the types of commercial uses that we would like to see in our neighborhood. Please consider this request to use TN1 zoning for this project. We look forward to working with you on the design portion of the commercial zoning project. Sincerely, Marit and Tom Brock 74 Garfield Street Saint Paul, MN 55102 Shari Moore - FW: District 9 Gateway Zoning Study From: Betty Moran [mailto:Betty@fortroadfederation.org] Sent: Tuesday, May 01, 2012 3:39 PM To: 'Patricia Lindgren' Subject: District 9 Gateway Zoning Study The West Seventh/Fort Road Federation Board of Directors at the February 13th 2012 meeting voted to support a designation of TN-2 zoning for the Gateway Zoning Study. Betty Moran Community Organizer West Seventh/Fort Road Federation 974 West Seventh St. St. Paul, MN. 55102 651-298-5599 From: "Betty Moran" <Betty@fortroadfederation.org> To: "'Lucy Thompson'" <lucy.thompson@ci.stpaul.mn.us> Date: 5/1/2012 4:12 PM Subject: FW: District 9 Gateway Zoning Study Page 1 of 1 5/7/2012file://C:\Documents and Settings\smoore\Local Settings\Temp\XPgrpwise\4FA7E39Emaild...