City Council - November 15, 2023 11/15/2023

Name: November 15, 2023 City Council - November 15, 2023 Transcript
Uploaded: 2023-11-15
Description: Transcript of November 15, 2023 St. Paul City Council - November 15, 2023

Attachments

ROLL CALL
COMMUNICATIONS & RECEIVE/FILE
1. Amending the spending plans in the Department of Public Works Capital Budget for the Kellogg/Third Street Bridge Project.
- AO 23-112 Kellogg 3rd Bridge.pdf
CONSENT AGENDA Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration.
Approval of the Consent Agenda
2. Approving the City’s cost of providing Property Clean up services during September 7 to 8, 2023, and setting date of Legislative Hearing for December 19, 2023 and City Council public hearing for February 21, 2024 to consider and levy the assessments against individual properties. (File No. J2410A, Assessment No. 248509)
- Report of Completion J2410A.248509
- Assessment Roll J2410A.248509
- Passed 7-0-0 Adopted
3. Authorizing the Department of Public Works to accept the terms and conditions for use of Quest Software & its affiliates software and/or software apps (TOAD for Oracle Base Addition Software).
- DLT Quote (5196086) [Ref 1798987].pdf
- DLT Quote (5196086) [Ref 1799787].pdf
- Passed 7-0-0 Adopted
4. Approving adverse action against the Tree Trimmer and Tree Trimmer Vehicle license applications submitted by Arban Inc. d/b/a Arban Outdoor Services (License ID# 20210000564 located at 3718 Sumter Avenue South in Saint Louis Park, MN 55426).
- Completed packet - Notice of Intent to Deny
- Passed 7-0-0 Adopted
5. Authorizing the Department of Parks and Recreation to apply for up to $219,070 from the Ramsey County Environmental Response Fund (ERF) for the Fish Hatchery Trail project.
- Passed 7-0-0 Adopted
6. Authorizing the Office of Financial Empowerment to apply for a $25,000 grant from the Saint Paul and Minnesota Foundation for CollegeBound Saint Paul operations.
- Passed 7-0-0 Adopted
7. Approving the 2023 Cultural Sales Tax Revitalization (STAR) Grant Program awards.
- Financial Analysis
- 11-3-2023
- Passed 7-0-0 Adopted
8. Authorizing the Department of Safety and Inspections to apply for a grant in the amount of $65,000 from the Minnesota Department of Labor, to participate in the 2024 Building Official Training (BOT) grant program.
- Passed 7-0-0 Adopted
9. Staying enforcement of Council File Number RLH RR 23-7, an Order to Remove 901 Fuller Avenue.
- Writ of Certiorari COA A23-1457
- Certificate of Service (towd)2 Corrected
- Certificate of Service (towd) 3
- Passed 7-0-0 Adopted
11. Authorizing the Office of the City Attorney to negotiate and settle claims and lawsuits in a dollar amount not to exceed $45,000, without the necessity of a City Council resolution.
- Administrative Code 3.02
- Settlement Authority Financial Analysis
- Passed 7-0-0 Adopted
12. Authorizing the City to enter into the Overpass Agreement that includes temporary easement rights from BNSF Railroad for the Public Works Kellogg Third Street Bridge Project.
- BNSF Overpass Agreement - City of Saint Paul - K3 Bridge Project
- Passed 7-0-0 Adopted
13. Authorizing the City to enter into the Overpass Agreement that includes temporary easement rights from Union Pacific Railroad for the Public Works Kellogg Third Street Bridge Project.
- UP Overpass Agreement - City of St Paul - K3 Bridge Project
- Passed 7-0-0 Adopted
14. Changing the rate of pay for Parks Services Assistant (formerly Refectory Assistant).
- Parks Services Assistant
- Passed 7-0-0 Adopted
15. Approving the Memorandum of Agreement between the City and Manual & Maintenance Supervisors Association for the purpose of establishing an on-call scheduling and payment process for Supervisors in the Street Maintenance division of the Public Works department.
- MMSA MOA On Call Public Works Street Maintenance
- Passed 7-0-0 Adopted
FOR DISCUSSION
10. Authorizing the appropriate City designees to solicit donations, enter into contracts, and establish the budget for the purpose of holding City Council Inaugural events.
- 2024 Inauguration Fiscal Analysis
- Passed 7-0-0 Adopted As Amended
16. Canvassing the returns and declaring the results of the City General Election held November 7, 2023. (To be amended with the results of the reallocation of votes)
- St Paul Abstract
- Ward 1 Reallocation Summary Statement
- Ward 3 Reallocation Summary Statement
- Ward 7 Reallocation Summary Statement
- 2023-11-15 P. Hendricks Letter to Councilmembers re Ward 3 Council Election Vote Allocation (RES #23-1611)
- Passed 7-0-0 Adopted As Amended
ORDINANCES An ordinance is a city law enacted by the City Council. It is read at three separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Pioneer Press. Public hearings on ordinances are generally held at the second reading.
Final Adoption
17. Amending Chapter 74 of the Legislative Code by adding a new section 74.04 for the purpose of designating the Dwight H. and Clara Watson House at 402 Hall Avenue as a Saint Paul Heritage Preservation Site.
- Watson House Nomination Final
- HPC Minutes 11-1-2021
- 3-4-2022
- 402 Hall Photos
- 402 Hall SHPO designation letter 11.3.23
- Passed 7-0-0 Adopted
First Reading
18. Amending Chapter 324 of the Legislative Code to remove tobacco vending machine licenses, reduce the number of Tobacco Shop Licenses from 150 to 100 and reduce the number of Tobacco Product Shop Licenses from 25 to 15.
- Tobacco-Free Alliance public comment
- Blue Cross Blue Shield public comment
- Advocates for Better Health public comment
- Natl Assoc of Tobacco Outlets public comment
- Sylvia Amos public comment
- MN Retailers Assoc public comment
- Twin Cities Recovery Project public comment
- Joe O'Connor Public Comment
19. Amending specific sections of the Legislative Code pertaining to zoning regulations to allow micro-unit dwellings as an accessory use to religious institutions.
- Planning Commission Resolution 23-31 for Religious Micro-Units
- Planning Commission Memo for Religious Micro-Units
- Planning Commission Action Minutes for Religious Micro-Units
- Kathleen Ganley public comment
20. Amending Chapter 183 of the Legislative Code pertaining to human rights protections for persons with disabilities.
- HREEO Ch 183 Technical Edits Nov 2023
- HREEO memo re_Ch 183 minor edits (BC to CPAB 9.27.23)
21. Amending Chapter 293 of the Legislative Code to create an administrative process for Amplified Sound Permits and modify the process for Sound Level Variances.
- BRC Letter of Support Sound Level Variance 11.6.2023 Final
- PRC CouncilLtr October 2023
- Signed Resolutions
- Amended SPLC Chapter 293
- HDC Resolution Amplified Sound Level Application Process Changes 11132023
- Brian Mondy Public Comment
- East Como Neighbors public comment
22. Amending Chapter 140 of the Legislative Code regarding the maintenance of the Skyway Pedestrian System including responsibilities, abatements and assessments.
- St. Paul Chamber public comment
23. Amending Chapter 105.04 of the Saint Paul Legislative Code to allow raised planter beds to be placed in the boulevard of the public right-of-way. (Third Reading. Public hearing continued from December 6, 2023)
PUBLIC HEARINGS Live testimony is limited to two minutes for each person. See below for optional ways to testify.
24. Amending the financing and spending plans in the Department of Emergency Management budget in the amount of $30,000 for the 2023 Emergency Management Performance Grant (EMPG) to provide assistance for Emergency Management to attend and provide training, public education and purchase equipment.
- 23EMPG Financial Analysis
- Passed 7-0-0 Adopted
25. Approving the host issuance by the City of Maplewood of its Charter School Lease Revenue Notes, Series 2023 (under Minnesota Statutes, Sections 469.152 through 469.1655), approving a Bond Compliance and Fee Agreement, and authorizing the execution of documents relating thereto, all for the Achieve Language Academy Project at 2169 Stillwater Avenue West (District 5, Ward 6).
- signed
- Passed 4-3-0 Adopted
LEGISLATIVE HEARING CONSENT AGENDA Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired.
Approval of the Consent Agenda
26. Appeal of Jason Overs to a Correction Notice-Complaint Inspection at 950 ARKWRIGHT STREET, UNIT 2.
- 950 Arkwright St.appeal.10-27-23.pdf
- 950 Arkwright St.photos 10-23-23.pdf
- 950 Arkwright St.photos 10-19-23.pdf
- 950 Arkwright St.Fire Inspection Report handwritten 10-23-23.pdf
- 950 Arkwright St.search result 10-19-23.pdf
- 950 Arkwright St.search result #2.10-19-23.pdf
- 950 Arkwright St.Floor Plan.pdf
- 950 Arkwright St.Correction Notice.10-30-23
- 950 Arkwright St.MN Residential Lease Agreement.pdf
- 950 Arkwright St.Overs VM transcript.11-3-23
- 950 Arkwright St.Overs Ltr.11-9-23
- 950 Arkwright St.Overs email 11-15-23.pdf
- 950 Arkwright St.Moermond Email 11-20-23.pdf
- Passed 7-0-0 Adopted
27. Deleting the Appealed Special Tax Assessment for property at 2082 DAYTON AVENUE (File No. CG2303A1, Assessment No. 230111)
- 2082 Dayton Avenue. Assessment Inquiry Ticket. 9-14-2023.pdf
- 2082 Dayton Avenue. Fw 2082 Dayton Ave Q2 2023 Assessment Inquiry Email. 9-14-2023.pdf
- Passed 7-0-0 Adopted
28. Appeal of Jeff Johnson to a Vacant Building Registration Renewal Notice at 811 FOURTH STREET EAST.
- 811 Fourth St E.appeal.10-10-23.pdf
- 811 Fourth St E.CCI Report 12-6-06.pdf
- 811 4th St E.Johnson Ltr.10-20-23
- 811 4th St E.CC certificate.11-3-23
- 811 4th St E.Johnson Ltr.11-9-23
- Passed 7-0-0 Adopted
29. Making finding on the appealed nuisance abatement ordered for 761 HOWELL STREET NORTH in Council File RLH SAO 23-26.
- 761 Howell St.Downey Ltr.6-23-23.pdf
- Passed 7-0-0 Adopted
30. Making finding on the appealed nuisance abatement ordered for 845 HOWELL STREET NORTH in Council File RLH SAO 23-22.
- 845 Howell St.Mayefske Ltr.6-23-23.pdf
- Passed 7-0-0 Adopted
31. Making finding on the appealed nuisance abatement ordered for 0 ISABEL STREET EAST (PIN: 08-28-22-21-0085) in Council File RLH SAO 23-40.
- 0 Isabel.Rosillo Ltr.10-6-23.pdf
- 0 Isabel St E.Kedrowski email 11-6-23.pdf
- 0 Isabel.Rosillo Ltr.11-9-23
- Passed 7-0-0 Adopted
32. Ordering the rehabilitation or razing and removal of the structures at 1117 JENKS AVENUE within fifteen (15) days after the April 19, 2023, City Council Public Hearing. (Amend to grant 180 days)
- 1117 Jenks Ave.OTA 1-5-23
- 1117 Jenks Ave.PH 2-10-23
- 1117 Jenks Ave.Photos 12-15-22
- 1117 Jenks Ave.Photo 11-28-18.pdf
- 1117 Jenks Ave.Photos 12-24-18.pdf
- 1117 Jenks Ave.Code Compliance Report 3-15-23.pdf
- 1117 Jenks Ave.Respro Invoice 12-13-18.pdf
- 1117 Jenks Ave.Respro Invoice 12-13-18 Inv 59745.pdf
- 1117 Jenks Ave.Photos 6-17-19.pdf
- 1117 Jenks Ave.Google Street View 2022.pdf
- 1117 Jenks Ave.Alley View 2022.pdf
- 1117 Jenks Ave.Metro Legal Services.Email 2-20-23.pdf
- 1117 Jenks Ave.Metro Legal Services.pdf
- 1117 Jenks Ave.email chain 3-1-23.pdf
- 1117 Jenks Ave.Sheriff Certificate 3-2-23.pdf
- 1117 Jenks Ave.Police Reports Dec 2018 & Call Log.pdf
- 1117 Jenks Ave.Summary 3-13-23.pdf
- 1117 Jenks Ave.L S 3-13-23.pdf
- 1117 Jenks Ave.Fergus Proechel R-R ltr.3-17-23
- 1117 Jenks Ave.CAG National Fund nuisance mitigation plan.4-6-23
- 1117 Jenks Ave.Fergus Proechel R-R ltr.4-14-23
- 1117 Jenks Ave.Fergus Proechel R-R ltr.7-14-23
- 1117 Jenks Ave.30 Day Forfeit Notice 9-5-23.pdf
- 1117 Jenks Ave.affidavit.10-10-23
- 1117 Jenks.work plan estimate.submitted 10-10-23
- 1117 Jenks Ave.financing redacted.sub 10-11-23
- 1117 Jenks Ave.Fergus Proechel R-R ltr.10-27-23
- 1117 Jenks Ave.Fergus Proechel R-R ltr.2-16-24
- Purchase Agreement (MNPA))2-22-24
- 1117 Jenks Ave.Fergus Proechel R-R ltr.3-15-24
- 1117 Jenks Ave.Spencer R-R ltr.4-26-24
- 1117 Jenks Ave.Spencer R-R ltr.5-31-24
- 1117 Jenks Ave.Zimny Spencer email chain.6-7-24
- 1117 Jenks Ave.Scope of work.6-7-24
- 1117 Jenks Ave.Spencer R-R ltr.6-14-24
- 1117 Jenks Ave.Spencer R-R ltr.6-28-24
- 1117 Jenks Ave.Spencer R-R ltr.8-16-24
- 1117 Jenks Ave. Promissory Note
- 1117 Jenks Ave. Mortgage
- 1117 Jenks Ave. Guaranty
- 1117 Jenks Ave.Affidavit Regarding Financing
- Rehabs
- 1117 Jenks Ave.Purchase Agreement
- 1117 Jenks Ave.email chain 9-23-24.pdf
33. Making finding on the appealed nuisance abatement ordered for 1523 LAUREL AVENUE in Council File RLH SAO 23-36.
- 1523 Laurel Ave.Busch Ltr.9-29-23.pdf
- Passed 7-0-0 Adopted
34. Making finding on the appealed nuisance abatement ordered for 1223 MARION STREET in Council File RLH SAO 23-37.
- 1223 Marion St.Heller Ltr.10-13-23.pdf
- 1223 Marion St.Photos 11-3-23.pdf
- 1223 Marion St.Transcript of Voicemail from neighbor to Insp Smith10-23-23
- Passed 7-0-0 Adopted
35. Second Making finding on the appealed substantial abatement ordered for 1006 THIRD STREET EAST in Council File RLH RR 23-14.
- 1006 Third St E.30 Day Forfeit Notice 9-6-23.pdf
- 1006 Third St E.Making Finding PH Letter 9-22-23.pdf
- 1006 Third St E.Stockwell R-R Ltr.10-13-23
- 1006 Third St E.updated financing.10-20-23
- 1006 Third St. E.updated schedule.10-20-23
- 1006 Third St. E.Stockwell R-R Ltr.10-31-23
- 1006 Third St E.Certificate of Code Compliance 11-20-23.pdf
36. Ratifying the Appealed Special Tax Assessment for property at 900 WESTMINSTER STREET. (File No. CG2303A1, Assessment No. 230111)
- 900 Westminster Street. Assessment Inquiry Ticket.9-18-223.pdf
- 900 Westminster Street. Email Request to Remove Assessment.9-18-223.pdf
- Passed 7-0-0 Adopted
37. Ratifying the assessment for the City’s cost of providing Collection of Delinquent Garbage Bills for services during April to June 2023. (File No. CG2303A1, Assessment No. 230111)
- Notice Assessment Roll CG2303A1.230111
- Passed 7-0-0 Adopted
ADJOURNMENT
City Council meetings are open for in person attendance, but the public may also comment on public hearing items in writing or via voicemail. Any comments and materials submitted by 12:00 pm of the day before the meeting will be attached to the public record and available for review by the City Council. Comments may be submitted as follows: The public may comment on public hearing items in writing or via voicemail. Any comments and materials submitted by 12:00 pm of the day before the meeting will be attached to the public record and available for review by the City Council. Comments may be submitted as follows: Written public comment on public hearing items can be submitted to Contact-Council@ci.stpaul.mn.us, CouncilHearing@ci.stpaul.mn.us, or by voicemail at 651-266-6805. Live testimony will be taken in person in the Council Chambers, and by telephone by registering to speak by noon on the day before the meeting. The registration link is located on the City Council website at www.stpaul.gov/council or https://forms.office.com/g/TD3xN7WHy5. Council Meeting Information

City Council - November 15, 2023 11/15/2023

ROLL CALL

COMMUNICATIONS & RECEIVE/FILE

1. Amending the spending plans in the Department of Public Works Capital Budget for the Kellogg/Third Street Bridge Project.

CONSENT AGENDA Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration.

Approval of the Consent Agenda

3. Authorizing the Department of Public Works to accept the terms and conditions for use of Quest Software & its affiliates software and/or software apps (TOAD for Oracle Base Addition Software).

4. Approving adverse action against the Tree Trimmer and Tree Trimmer Vehicle license applications submitted by Arban Inc. d/b/a Arban Outdoor Services (License ID# 20210000564 located at 3718 Sumter Avenue South in Saint Louis Park, MN 55426).

5. Authorizing the Department of Parks and Recreation to apply for up to $219,070 from the Ramsey County Environmental Response Fund (ERF) for the Fish Hatchery Trail project.

6. Authorizing the Office of Financial Empowerment to apply for a $25,000 grant from the Saint Paul and Minnesota Foundation for CollegeBound Saint Paul operations.

7. Approving the 2023 Cultural Sales Tax Revitalization (STAR) Grant Program awards.

8. Authorizing the Department of Safety and Inspections to apply for a grant in the amount of $65,000 from the Minnesota Department of Labor, to participate in the 2024 Building Official Training (BOT) grant program.

9. Staying enforcement of Council File Number RLH RR 23-7, an Order to Remove 901 Fuller Avenue.

11. Authorizing the Office of the City Attorney to negotiate and settle claims and lawsuits in a dollar amount not to exceed $45,000, without the necessity of a City Council resolution.

12. Authorizing the City to enter into the Overpass Agreement that includes temporary easement rights from BNSF Railroad for the Public Works Kellogg Third Street Bridge Project.

13. Authorizing the City to enter into the Overpass Agreement that includes temporary easement rights from Union Pacific Railroad for the Public Works Kellogg Third Street Bridge Project.

14. Changing the rate of pay for Parks Services Assistant (formerly Refectory Assistant).

15. Approving the Memorandum of Agreement between the City and Manual & Maintenance Supervisors Association for the purpose of establishing an on-call scheduling and payment process for Supervisors in the Street Maintenance division of the Public Works department.

FOR DISCUSSION

10. Authorizing the appropriate City designees to solicit donations, enter into contracts, and establish the budget for the purpose of holding City Council Inaugural events.

16. Canvassing the returns and declaring the results of the City General Election held November 7, 2023. (To be amended with the results of the reallocation of votes)

ORDINANCES An ordinance is a city law enacted by the City Council. It is read at three separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Pioneer Press. Public hearings on ordinances are generally held at the second reading.

Final Adoption

17. Amending Chapter 74 of the Legislative Code by adding a new section 74.04 for the purpose of designating the Dwight H. and Clara Watson House at 402 Hall Avenue as a Saint Paul Heritage Preservation Site.

First Reading

18. Amending Chapter 324 of the Legislative Code to remove tobacco vending machine licenses, reduce the number of Tobacco Shop Licenses from 150 to 100 and reduce the number of Tobacco Product Shop Licenses from 25 to 15.

19. Amending specific sections of the Legislative Code pertaining to zoning regulations to allow micro-unit dwellings as an accessory use to religious institutions.

20. Amending Chapter 183 of the Legislative Code pertaining to human rights protections for persons with disabilities.

21. Amending Chapter 293 of the Legislative Code to create an administrative process for Amplified Sound Permits and modify the process for Sound Level Variances.

22. Amending Chapter 140 of the Legislative Code regarding the maintenance of the Skyway Pedestrian System including responsibilities, abatements and assessments.

23. Amending Chapter 105.04 of the Saint Paul Legislative Code to allow raised planter beds to be placed in the boulevard of the public right-of-way. (Third Reading. Public hearing continued from December 6, 2023)

PUBLIC HEARINGS Live testimony is limited to two minutes for each person. See below for optional ways to testify.

24. Amending the financing and spending plans in the Department of Emergency Management budget in the amount of $30,000 for the 2023 Emergency Management Performance Grant (EMPG) to provide assistance for Emergency Management to attend and provide training, public education and purchase equipment.

LEGISLATIVE HEARING CONSENT AGENDA Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired.

Approval of the Consent Agenda

26. Appeal of Jason Overs to a Correction Notice-Complaint Inspection at 950 ARKWRIGHT STREET, UNIT 2.

27. Deleting the Appealed Special Tax Assessment for property at 2082 DAYTON AVENUE (File No. CG2303A1, Assessment No. 230111)

28. Appeal of Jeff Johnson to a Vacant Building Registration Renewal Notice at 811 FOURTH STREET EAST.

29. Making finding on the appealed nuisance abatement ordered for 761 HOWELL STREET NORTH in Council File RLH SAO 23-26.

30. Making finding on the appealed nuisance abatement ordered for 845 HOWELL STREET NORTH in Council File RLH SAO 23-22.

31. Making finding on the appealed nuisance abatement ordered for 0 ISABEL STREET EAST (PIN: 08-28-22-21-0085) in Council File RLH SAO 23-40.

32. Ordering the rehabilitation or razing and removal of the structures at 1117 JENKS AVENUE within fifteen (15) days after the April 19, 2023, City Council Public Hearing. (Amend to grant 180 days)

33. Making finding on the appealed nuisance abatement ordered for 1523 LAUREL AVENUE in Council File RLH SAO 23-36.

34. Making finding on the appealed nuisance abatement ordered for 1223 MARION STREET in Council File RLH SAO 23-37.

35. Second Making finding on the appealed substantial abatement ordered for 1006 THIRD STREET EAST in Council File RLH RR 23-14.

36. Ratifying the Appealed Special Tax Assessment for property at 900 WESTMINSTER STREET. (File No. CG2303A1, Assessment No. 230111)

37. Ratifying the assessment for the City’s cost of providing Collection of Delinquent Garbage Bills for services during April to June 2023. (File No. CG2303A1, Assessment No. 230111)

ADJOURNMENT

ROLL CALL

CONSENT AGENDA Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration.