Chapter A-11. Early Notification System Policy and Procedures  

WHEREAS, the Saint Paul City Council has long recognized the needs of residents and neighborhood organizations for timely information concerning local development and change which may have an impact on the community. Further, the Council finds significant value in the views and concerns of local residents and neighborhood organizations as input for the decision-making process involved in such matters as granting or denying approval of applications for various licenses, permits, land use changes, and zoning variances; and

WHEREAS, in order to facilitate the necessary information exchange between various city departments, boards, committees, commissions, task forces, the city council, city agencies, and affected neighborhood organizations, other agencies and individual residents, the Council adopted an Early Notification System ("ENS") in 1979; and

WHEREAS, the City's ENS policy and procedures have historically been adopted and amended from time to time by resolution following City Council approval under Council Resolutions C.F. 89-1219 (9-21-89), C.F. 274957 (5-20-80) and D.F. 273465 (8-14-79) and published as Appendix Chapter A-11 of the Administrative Code. For purposes of clarity, simplification, and in keeping with advances in notification technologies, ENS notification policies and procedures have one again been substantially revised; now,

THEREFORE, BE IT RESOLVED, that City agencies shall continue to use ENS to inform neighborhood organizations and concerned citizens of all considered, and proposed, planned or implemented developments, legislative and policy changes, and enforcement actions (city actions) which may potentially impact the neighborhood and/or area residents; and,

BE IT FURTHER RESOLVED, that operation of the ENS shall be in conformance with the following policies and procedures. However, notification through the ENS shall be in addition to, and not as a substitute for, notices required by federal, state, county and city rules, laws and ordinances; AND

BE IT FURTHER RESOLVED, that in addition to notices regarding actions on proposals brought before a city board, committee, commission, task force or the city council, these bodies shall provide meeting notices and agenda to addressees on the ENS list, as outlined in procedures below. City departments and divisions shall provide notices for various activities as detailed in procedures below. By separate resolution, the city council has requested the port authority and HRA to follow the ENS: AND

BE IT FURTHER RESOLVED, that to assure that this policy is carried out in a manner which provides adequate notice of proposed changes and activities, and to provide a suitable system for monitoring notifications which occur through the system, the following procedures will be used in the operation of this ENS:

ENS PROCEDURES

1.

A list of names and addresses including electronic notification addresses of contact persons, arranged in district council number order shall be maintained and updated at least quarterly of each year in the office of the city clerk. It is the responsibility of each district council to inform the city clerk, in writing, of the names and addresses of the district council's designated contact persons. Upon receiving written notice from the district council of the names and addresses of the designated contact persons or any changes to the names and addresses of the designated contact person, the city clerk shall verify the electronic mail addresses of the district council's designated contact person. Upon verification, the designated contact persons shall be the recipient of all city ENS notifications set forth herein. For the purpose of compliance with this ordinance, ENS notification materials, including those materials that are often accompanied by large scale technical drawings or elevation plans, may be delivered to planning district council contact persons using a format other than electronic transmittal notification. ENS notification materials may also be transmitted electronically by means of a "Hyperlink" to the ENS source material where the technological means of such notification transmittal is within the technology capabilities of any city department required under this ordinance to provide ENS notification.

2.

Representation on the ENS contact person list shall include two contact persons from each planning district council and shall be open to any other community group, organization, or person that self registers for ENS notification on the City's ENS site.

3.

Each city department, or if deemed by the department to be more convenient, a division within a department shall annually designate an employee of the department or division to act as the ENS compliance official (ENSCO). The ENSCO shall be the person in the department or division to whom persons may direct questions or concerns regarding problems obtaining ENS notification. Each department director or division head shall notify the city clerk in writing of the name of the designated ENSCO or of any change of name for the designated ENSCO. The city clerk shall annually verify with each department director the identity of the ENSCO for the department or its divisions. If the department director fails to designate an employee of the department or division to act as the ENSCO, the city clerk shall designate the department director as the ENSCO for that department.

4.

Each notice, agenda, questionnaire, plan, information packet, etc., sent out through the ENS shall contain the name of the designated ENSCO unless another responsible city contact person and a phone number at which the city contact person can be reached regarding the matter is specified in the materials sent by the ENS.

5.

For regularly scheduled meetings, the CIB Committee, City Council, Housing and Redevelopment Authority Board, Planning Commission, Heritage Preservation Commission, Library Board, Parks and Recreation Commission, Legislative Hearing Officer (for matters considered pursuant to Leg. Code § 18.02), Board of Zoning Appeals, and Port Authority shall send meeting notices and agenda to the addressees on the ENS list as far in advance of the meeting date as possible.

6.

For meeting that are not regularly scheduled, all committees, commissions, council and boards shall send meeting notices and agenda to addressees on the ENS list sufficiently in advance to provide a minimum of three (3) days' notice of the meeting.

7.

ENS notice shall be provided at least forty-five (45) days prior to a public hearing to consider the following:

a.

Class N license application relating to liquor, as defined in Leg. Code § 310.01, following verification of the application.

b.

Petition to vacate the public interest in a street alley, or other public land.

c.

Subdivision review applications, including replatting and lot split applications.

d.

Special assessments affecting more than two (2) properties within a single city clock.

e.

Development/redevelopment advertisement.

8.

ENS notice shall be provided at least thirty (30) days prior to a public hearing to consider the following:

a.

Comprehensive plan amendments, including small area plans.

b.

Zoning ordinance amendments initiated by the city council or planning commission, including text and map amendments, except interim ordinance procedures initiated under Minn. Stat. § 462.355, Subd. 4.

c.

Master plans for city parks, trails, recreation centers and other city parkland.

d.

Capital improvement project proposals for city parks, trails, recreation centers, other city parklands reviewed by the parks and recreation commission.

e.

Operating or management agreements for the operation or other occupancy of city park facilities by persons, corporations, government agencies, or other non-government organizations.

f.

Eminent domain actions.

g.

City initiated building demolition action.

9.

ENS notice shall be provided within five (5) public business days following receipt of applications for all building and general construction permits, excluding demolition permits regulated under section 11 of this Appendix, issued pursuant to Leg. Code § 33.03(a) and valued in excess of fifty thousand dollars ($50,000.00), and all permits issued pursuant to Leg. Code. § 33.07 (fences).

10.

ENS notice shall be provided within two (2) public business days of receipt of any zoning application requiring a public hearing including:

a.

Appeals.

b.

Conditional use permit.

c.

Determination of similar use.

d.

Nonconforming use permit.

e.

Rezoning.

f.

Site plan review.

g.

Variances.

11.

ENS notice shall be provided within two (2) public business days following receipt of the following applications:

a.

Noise variances.

b.

Skyway operational hours exceptions.

c.

All Class R and N license applications (except liquor) following verification.

d.

Parades, races, and public assembly applications under Leg. Code § 366.A.04(b)(6), in which case ENS notice shall be provided immediately, and block party and community festival application under Leg. Code § 366

e.

Demolition permits issued pursuant to Leg. Code § 33.03(a).

12.

ENS notice shall be provided within two (2) public business days for the following:

a.

City notification to a license holder of adverse action on a license.

b.

City orders initiated by the building official or fire marshal to vacate a premise.

c.

A determination by the zoning administrator of the original number of units for legal nonconforming residential structures vacant for more than one (1) year.

d.

Publication of availability of public lands for development/redevelopment.

e.

Publication of availability of tax forfeited and surplus properties suitable for reuse.

13.

To make ENS system operate efficiently and effectively, the following guidelines are offered:

a.

Obtain training to use the system, from the ENSCO or city clerk.

b.

Obtain updated listings for ENS contact persons from the ENSCO or city clerk.

c.

Do not assume prior knowledge of any project by an affected district.

AND, BE IT FINALLY RESOLVED, that the present language adopted under Saint Paul Administrative Code Appendix A-11, entitled "Early Notification System Policy and Procedures," adopted under Council Resolutions C.F. 89-1219, on September 21, 1989, shall be repealed in its entirety upon the adoption of this Resolution and that the language contained in the Resolution shall thereafter become effective as the City's current ENS policy and procedures and shall be published under the Appendices to the City's Administrative Code as "Chapter A-11, Early Notification System.

(C.F. No. 273465, 8-14-79; C.F. No. 274957, 5-20-80; C.F. No. 89-1219, 9-21-89; C.F. No. 09-603, 6-3-09; RES 13-500, 4-3-13; RES 14-2057, 12-3-14)