City Council

Regular Meeting

St. Paul, MN · March 28, 2018

Minutes

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Council Chambers - 3rd Floor Minutes - Final Katie Burger, Executive Assistant, 651-266-8560 City Council Council President Amy Brendmoen Councilmember Dan Bostrom Councilmember Samantha Henningson Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, March 28, 2018 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Brendmoen at 3:31 pm. Present 6 - Councilmember Dan Bostrom, City Council President Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Rebecca Noecker and Councilmember Samantha Henningson Absent 1 - Councilmember Jane L. Prince COMMUNICATIONS & RECEIVE/FILE 1 AO 18-20 Amending CDBG activities budgets to account for spending and financing budget increase approved by RES PH 18-69. Received and filed 2 AO 18-21 Amending CDBG activities budgets. Received and filed City of Saint Paul Page 1 City Council Minutes - Final March 28, 2018 CONSENT AGENDA Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. Approval of the Consent Agenda (Items 3 - 10) Item 10 was removed from the Consent Agenda for separate consideration. Councilmember Tolbert moved approval of the Consent Agenda as amended. Consent Agenda adopted as amended Yea: 6- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker and Councilmember Henningson Nay: 0 Absent: 1- Councilmember Prince 3 RES 18-512 Memorializing the City Council's February 28, 2018 decision denying an appeal of a decision of the Board of Zoning Appeals regarding the establishment of a use at 79 Western Avenue North. Adopted 4 RES 18-513 Accepting the gift of $250 for conference registration from the Saint Paul Promise Neighborhood for Councilmember Dai Thao to attend the Equity Summit in Chicago, IL, April 11-13th, 2018. Adopted 5 RES 18-360 Approving the Collective Bargaining Agreement (January 1, 2018 - December 31, 2020) between the City of Saint Paul and AFSCME Local 3757 - Legal. Adopted 6 RES 18-472 Approving the Collective Bargaining Agreement (January 1, 2018 - December 31, 2020) and Memorandums of Agreement (2018 - 2020) between the City of Saint Paul and the Saint Paul Supervisors' Organization. Adopted 7 RES 18-510 Approving the Labor Agreement (January 1, 2018 - December 31, 2020) and Memorandums of Agreement (2018 - 2020) between the City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Association. Laid over to April 4 for adoption City of Saint Paul Page 2 City Council Minutes - Final March 28, 2018 8 RES 18-485 Authorizing the Department of Parks and Recreation to enter into a lease agreement with DLL Finance, LLC, which will lease golf carts to the City for use at the Highland National Golf Course and Highland-9 Golf Course. Adopted 9 RES 18-417 Approving the final plat for EMJA Gunderson Addition at 1637-1651 Maryland Avenue East. Adopted FOR DISCUSSION 10 RES 18-480 Approving the application with conditions, per the Deputy Legislative Hearing Officer, to add a Liquor On Sale - 2 AM Closing license to the existing Liquor On Sale - 101-180 Seats, Liquor On Sale - Sunday, and Gambling Location licenses, for JC & MTM Inc (License # 20040000766), d/b/a Johnny Baby's, 981 University Avenue West. (Laid over from March 28) Councilmember Thao moved to lay the matter over for a week to continue to work on language. Laid over to April 4 Yea: 6- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker and Councilmember Henningson Nay: 0 Absent: 1- Councilmember Prince Councilmember Prince joined the meeting. Present 7 - Councilmember Dan Bostrom, City Council President Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Rebecca Noecker, Councilmember Jane L. Prince and Councilmember Samantha Henningson 11 SR 18-37 College Possible Presentation. Kumar Balasubrahmanyan, College Possible, gave a report on the program, and answered Council members' questions. Received and filed City of Saint Paul Page 3 City Council Minutes - Final March 28, 2018 ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. Final Adoption 12 Ord 18-12 Amending Chapter 31 of the Legislative Code pertaining to ranked voting. Councilmember Henningson moved approval of the ordinance. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Henningson Nay: 0 13 Ord 18-13 Granting the application of KTJ 298 LLC to rezone property at 1891 Norfolk Avenue and 1413 Sue Street from R3 One-Family Residential to RM2 Multiple-Family Residential, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Councilmember Tolbert moved approval of the ordinance. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Henningson Nay: 0 Second Reading 14 Ord 18-14 Amending Chapter 379 of the Legislative Code updating short-term rental host and short-term platform responsibilities. Laid over to April 4 for third reading/public hearing City of Saint Paul Page 4 City Council Minutes - Final March 28, 2018 BUDGET AMENDMENT PUBLIC HEARINGS 15 RES PH 18-72 Accepting a donation from the Minnesota China Garden Friendship Society and amending the financing and spending plan in the Department of Parks and Recreation in the amount of $390,000, to reflect the Minnesota China Garden Friendship Society’s gift for the St. Paul-Changsha China Friendship Garden project in Phalen Regional Park. No one was present to testify. Councilmember Bostrom moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Henningson Nay: 0 16 RES PH 18-77 Amending the financing and spending plan in the Department of Parks and Recreation in the amount of $40,000 for STAR grant funds received for site preparation to install anticipated sister-city gifts from Changsha, China in Phalen Regional Park. No one was present to testify. Councilmember Prince moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Henningson Nay: 0 17 RES PH 18-82 Approving and authorizing acceptance of Livable Communities Demonstration Account Development Grant, Tax Base Revitalization Account Grant, and Local Housing Incentives Account Grant from the Metropolitan Council and amending the 2018 Budget. No one was present to testify. Councilmember Thao moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Henningson Nay: 0 City of Saint Paul Page 5 City Council Minutes - Final March 28, 2018 18 RES PH 18-83 Amending the 2018 financing and spending plans in the Police Department grant fund in the amount of $125,000 for the Terrorism Recruitment Prevention Grant award. No one was present to testify. Councilmember Noecker moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Henningson Nay: 0 LEGISLATIVE HEARING CONSENT AGENDA Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. Approval of the Consent Agenda (Items 19 - 23) No one was present to testify. Councilmember Henningson moved to close the public hearing and approve the Legislative Hearing Consent Agenda as amended. Legislative Hearing Consent Agenda adopted as amended Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince and Councilmember Henningson Nay: 0 19 RLH RR 18-11 Ordering the rehabilitation or razing and removal of the structures at 521-523 DESNOYER AVENUE within fifteen (15) days after the March 14, 2018 City Council public hearing. (Public hearing continued from March 14) (Legislative Hearing on March 27) Adopted as amended (180 days to remove or repair) 20 RLH RR 18-13 Making finding on the appealed nuisance abatement ordered for 1426 DESOTO STREET in Council File RLH RR 17-29. (Public hearing continued from May 23) Public hearing continued to April 11 21 RLH TA 18-145 Amending the previously ratified assessment to delete the assessment for Collection of Vacant Building Registration Fees billed during March 27 to June 21, 2017 at 1460 NEVADA AVENUE EAST. (File No. VB1802, Assessment No. 188801) Adopted City of Saint Paul Page 6 City Council Minutes - Final March 28, 2018 22 RLH FCO 18-26 Appeal of Heidi Schwarze, Unilev Management Corp o/b/o Bureau of Alcohol, Tobacco and Firearms, to a Fire Inspection Correction Notice at 30 SEVENTH STREET EAST. Adopted 23 RLH VBR 18-8 Appeal of Troy Olson to a Vacant Building Registration Fee Warning Letter at 164 STEVENS STREET WEST. Adopted ADJOURNMENT Meeting adjourned at 3:51 p.m. Council Meeting Information The City Council is paperless which saves the environment and reduces expenses. The agendas and Council files are all available on the Web (see below). Council members use iPads to review the files during the meeting. Using the iPad greatly reduces costs since most agendas, including the documents attached to files, are over 1000 pages when printed. Web Meetings are available on the Council's website. Email notification and web feeds (RSS) of newly released minutes, agendas and meetings are available by subscription. Visit www.stpaul.gov/council for meeting videos and updated copies of the agendas, minutes and supporting documents. Cable Meetings are live on St Paul Channel 18 and replayed on Thursdays at 5:30 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change) Many people are extremely sensitive to scented products. Please refrain from wearing or using fragrances such as perfumes, lotions, aftershave, scented aerosol products, and other such products. City of Saint Paul Page 7

Agenda

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Council Chambers - 3rd Meeting Agenda Floor Katie Burger, Executive City Council Assistant, 651-266-8560 Council President Amy Brendmoen Councilmember Dan Bostrom Councilmember Samantha Henningson Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, March 28, 2018 3:30 PM Council Chambers - 3rd Floor ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 AO 18-20 Amending CDBG activities budgets to account for spending and financing budget increase approved by RES PH 18-69. Attachments: Attachment A CDBG AO-18-20.pdf 2 AO 18-21 Amending CDBG activities budgets. Attachments: Attachment A CDBG AO-18-21 CONSENT AGENDA Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 3 RES 18-512 Memorializing the City Council's February 28, 2018 decision denying an appeal of a decision of the Board of Zoning Appeals regarding the establishment of a use at 79 Western Avenue North. Sponsors: Thao 4 RES 18-513 Accepting the gift of $250 for conference registration from the Saint Paul Promise Neighborhood for Councilmember Dai Thao to attend the Equity Summit in Chicago, IL, April 11-13th, 2018. Sponsors: Thao 5 RES 18-360 Approving the Collective Bargaining Agreement (January 1, 2018 - December 31, 2020) between the City of Saint Paul and AFSCME Local 3757 - Legal. Sponsors: Brendmoen Attachments: 2018 - 2020 AFSCME Legal Collective Bargaining Agreement 2018 - 2020 AFSCME Legal Summary Agreement City of Saint Paul Page 1 Printed on 3/28/2018 City Council Meeting Agenda March 28, 2018 6 RES 18-472 Approving the Collective Bargaining Agreement (January 1, 2018 - December 31, 2020) and Memorandums of Agreement (2018 - 2020) between the City of Saint Paul and the Saint Paul Supervisors' Organization. Sponsors: Brendmoen Attachments: 2018 - 2020 SPSO Collective Bargaining Agreement 2018 - 2020 SPSO MOA Como Campus 2018 - 2020 SPSO MOA Pre 65 Retiree Health Ins Option 2018 - 2020 SPSO MOA Attorney License Fee 2018 - 2020 SPSO Summary Agreement 7 RES 18-510 Approving the Labor Agreement (January 1, 2018 - December 31, 2020) and Memorandums of Agreement (2018 - 2020) between the City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Association. (To be laid over one week for adoption) Sponsors: Brendmoen Attachments: 2018 - 2020 Manual & Maintenance Supervisors Assoc Collective Bargaining Agreement 2018 - 2020 Manual & Maintence Supervisor Assoc Contract Summary 2018 - 2020 Manual & Maintenance Supvr Assoc MOA OnCall Forestry Supvr 2018 - 2020 Manual & Maintenance Supvr Assoc MOA Como Campus Holiday 2018 - 2020 Manual & Maintenance Supvr MOA Compentency Based Internal Testing 8 RES 18-485 Authorizing the Department of Parks and Recreation to enter into a lease agreement with DLL Finance, LLC, which will lease golf carts to the City for use at the Highland National Golf Course and Highland-9 Golf Course. Sponsors: Tolbert Attachments: Lease agreement with DLL Finance, LLC.pdf 9 RES 18-417 Approving the final plat for EMJA Gunderson Addition at 1637-1651 Maryland Avenue East. Sponsors: Bostrom Attachments: Staff Report EMJA Gunderson Addition Final Plat Application Aerial Map Land Use Map Zoning Map 10 RES 18-480 Approving the application with conditions, per the Deputy Legislative Hearing Officer, to add a Liquor On Sale - 2 AM Closing license to the existing Liquor On Sale - 101-180 Seats, Liquor On Sale - Sunday, and Gambling Location licenses, for JC & MTM Inc (License # 20040000766), d/b/a Johnny Baby's, 981 University Avenue West. Sponsors: Thao City of Saint Paul Page 2 Printed on 3/28/2018 City Council Meeting Agenda March 28, 2018 Attachments: Minutes Conditions Affidavit Site Plan STAMP Report Incident Report Letter of Opposition District Council Correspondence Google street photos Aerial photo Zoning map Plat map AMANDA Print Screen 100' Property Ownership Notification Letter License Hearing Sign-In Sheet Johnny Babys Notification of License Hearing - Applicant with cc to City staff FOR DISCUSSION 11 SR 18-37 College Possible Presentation. Sponsors: Brendmoen 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 12 Ord 18-12 Amending Chapter 31 of the Legislative Code pertaining to ranked voting. Sponsors: Brendmoen 13 Ord 18-13 Granting the application of KTJ 298 LLC to rezone property at 1891 Norfolk Avenue and 1413 Sue Street from R3 One-Family Residential to RM2 Multiple-Family Residential, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Sponsors: Tolbert Attachments: Planning Commission Resolution 2.23.18 Planning Commission Action Minutes 2.23.18 Draft Zoning Committee Meetting Minutes 2.15.18 Zoning Committee Packet 2.15.18 City of Saint Paul Page 3 Printed on 3/28/2018 City Council Meeting Agenda March 28, 2018 Second Reading 14 Ord 18-14 Amending Chapter 379 of the Legislative Code updating short-term rental host and short-term platform responsibilities. Sponsors: Tolbert SUSPENSION ITEMS BUDGET AMENDMENT PUBLIC HEARINGS 15 RES PH Accepting a donation from the Minnesota China Garden Friendship 18-72 Society and amending the financing and spending plan in the Department of Parks and Recreation in the amount of $390,000, to reflect the Minnesota China Garden Friendship Society’s gift for the St. Paul-Changsha China Friendship Garden project in Phalen Regional Park. Sponsors: Bostrom Attachments: RES PH 18-72 Phalen Chinese Garden Society Financial 16 RES PH Amending the financing and spending plan in the Department of Parks and 18-77 Recreation in the amount of $40,000 for STAR grant funds received for site preparation to install anticipated sister-city gifts from Changsha, China in Phalen Regional Park. Sponsors: Bostrom and Prince Attachments: RES PH 18-77 Phalen chinese garden STAR $40000 Financial China STAR Support Letter 17 RES PH Approving and authorizing acceptance of Livable Communities 18-82 Demonstration Account Development Grant, Tax Base Revitalization Account Grant, and Local Housing Incentives Account Grant from the Metropolitan Council and amending the 2018 Budget. Sponsors: Brendmoen Attachments: Financial Analysis 18 RES PH Amending the 2018 financing and spending plans in the Police 18-83 Department grant fund in the amount of $125,000 for the Terrorism Recruitment Prevention Grant award. Sponsors: Brendmoen Attachments: Financial Analyis City of Saint Paul Page 4 Printed on 3/28/2018 City Council Meeting Agenda March 28, 2018 LEGISLATIVE HEARING CONSENT AGENDA Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. 19 RLH RR Ordering the rehabilitation or razing and removal of the structures at 18-11 521-523 DESNOYER AVENUE within fifteen (15) days after the March 14, 2018 City Council public hearing. (Public hearing continued from March 14) (Amend to remove or repair within 180 days) Sponsors: Henningson Attachments: 521-523 Desnoyer Ave.PH 1-12-18 521-523 Desnoyer Ave.SHPO 12-20-17 521-523 Desnoyer Ave.OTA 12-6-17 521 Desnoyer Ave.Photos.2-2-07.pdf 521-523 Desnoyer Ave.Photos 9-11-17.pdf 521-523 Desnoyer Ave.Photos 12-4-17.pdf 521-523 Desnoyer Ave.Chermak-Moermond Email.2-12-18 521-523 Desnoyer Ave.Chermak Email.2-16-18 521-523 Desnoyer Ave.Olson Ltr.2-20-18 521-523 Desnoyer Ave.Dubriel Email.2-21-18 521-523 Desnoyer Ave.Howey letter to LHO.2-24-18.pdf 521-523 Desnoyer Ave.Draft Loan & Construction Agreement.2-27-18.pdf 521-523 Desnoyer Ave.Chermak-Moermond Email.2-27-18 521-523 Desnoyer Ave.Chermak-Moermond Email.3-7-18 521-523 Desnoyer Ave.Work Plan.3-12-18.pdf 521-523 Desnoyer Ave.Olson Ltr.3-8-18.doc 521-523 Desnoyer Ave.Kunkel Electric Estimate.3-11-18.pdf 521-523 Desnoyer Ave.Barr Web Ind 3-10-18.pdf 521-523 Desnoyer Ave.Boehm Heating Bid.3-6-18.pdf 521-523 Desnoyer Ave.Intechx Services Inc Scope of Work.5-7-18.pdf 521-523 Desnoyer Ave.Bank Statement from US Bank.3-12-18.pdf 521-523 Desnoyer Ave.Olson R-R Ltr.3-15-18.doc 521-523 Desnoyer Ave.CCI Report.3-20-18.pdf 521-523 Desnoyer Ave.Ground Electric Bid.3-23-18.pdf 521-523 Desnoyer Ave.Boehmn Heating Co.3-6-18.pdf 521-523 Desnoyer Ave.Barr Webb Ind. Inc. Bid.3-10-18.pdf 521-523 Desnoyer Ave.Intechx Services Inc. Signed Construction Bid.3-23-18.pdf 20 RLH RR Making finding on the appealed nuisance abatement ordered for 1426 18-13 DESOTO STREET in Council File RLH RR 17-29. (Legislative Hearing on April 10) City of Saint Paul Page 5 Printed on 3/28/2018 City Council Meeting Agenda March 28, 2018 Sponsors: Brendmoen Attachments: 1426 Desoto St.R-R Findings Ltr.1-25-18.doc 1426 Desoto St.30-Day Forfeit Notice.1-23-18 1426 Desoto St.Updated Photos.3-8-18.pdf 1426 Desoto St.R-R Findings Ltr.3-16-18.doc 21 RLH TA Amending the previously ratified assessment to delete the assessment for 18-145 Collection of Vacant Building Registration Fees billed during March 27 to June 21, 2017 at 1460 NEVADA AVENUE EAST. (File No. VB1802, Assessment No. 188801) Sponsors: Bostrom Attachments: 1460 Nevada Ave E.Xiong Ltr.3-15-18.doc 1460 Nevada Ave E.Assessment Roll.3-19-18.pdf 22 RLH FCO Appeal of Heidi Schwarze, Unilev Management Corp o/b/o Bureau of 18-26 Alcohol, Tobacco and Firearms, to a Fire Inspection Correction Notice at 30 SEVENTH STREET EAST. Sponsors: Noecker Attachments: 30 Seventh St E.St.Appeal.02-21-2018 30 Seventh St E.Schwarze Ltr.2-28-18.doc 23 RLH VBR Appeal of Troy Olson to a Vacant Building Registration Fee Warning Letter 18-8 at 164 STEVENS STREET WEST. Sponsors: Noecker Attachments: 164 Stevens Street W.appeal.02.06.18 164 Stevens St W.Condemnation Order.1-9-17.pdf 164 Stevens St W.Photos.1-9-17.pdf 164 Stevens St W.Olson Ltr.2-28-18.doc ADJOURNMENT City of Saint Paul Page 6 Printed on 3/28/2018 City Council Meeting Agenda March 28, 2018 Council Meeting Information The City Council is paperless which saves the environment and reduces expenses. The agendas and Council files are all available on the Web (see below). Council members use iPads to review the files during the meeting. Using the iPad greatly reduces costs since most agendas, including the documents attached to files, are over 1000 pages when printed. Web Meetings are available on the Council's website. Email notification and web feeds (RSS) of newly released minutes, agendas and meetings are available by subscription. Visit www.stpaul.gov/council for meeting videos and updated copies of the agendas, minutes and supporting documents. Cable Meetings are live on St Paul Channel 18 and replayed on Thursdays at 5:30 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change) Many people are extremely sensitive to scented products. Please refrain from wearing or using fragrances such as perfumes, lotions, aftershave, scented aerosol products, and other such products. City of Saint Paul Page 7 Printed on 3/28/2018