City Council
Regular MeetingSt. Paul, MN · November 14, 2018
Minutes
City Hall and Court House
City of Saint Paul 15 West Kellogg Boulevard
Council Chambers - 3rd
Floor
Minutes - Final 651-266-8560
City Council
Council President Amy Brendmoen
Councilmember Dan Bostrom
Councilmember Mitra Jalali Nelson
Councilmember Rebecca Noecker
Councilmember Jane L. Prince
Councilmember Dai Thao
Councilmember Chris Tolbert
Wednesday, November 14, 2018 3:30 PM Council Chambers - 3rd Floor
There will be no meeting on Wednesday, November 21.
ROLL CALL
The meeting was called to order by Council President Brendmoen at 3:34 p.m.
Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen,
Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember
Rebecca Noecker, Councilmember Jane L. Prince and Councilmember
Mitra Jalali Nelson
COMMUNICATIONS & RECEIVE/FILE
1 CO 18-58 Letter from the Department of Safety and Inspections declaring 489
Sherburne Avenue a nuisance property. (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
Received and filed
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 2 - 16)
Councilmember Bostrom moved approval of the Consent Agenda
Consent Agenda adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
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2 RES 18-1722 Approving the City’s cost of providing Collection of Fire Certificate of
Occupancy fees billed during June 12 to July 16, 2018, and setting date
of Legislative Hearing for December 4, 2018 and City Council public
hearing for January 16, 2019 to consider and levy the assessments
against individual properties. (File No. CRT1903, Assessment No.
198202)
Adopted
3 RES 18-1869 Approving the City’s cost of providing Property Clean Up services during
August 30 to September 14, 2018, and setting date of Legislative
Hearing for December 18, 2018 and City Council public hearing for
January 23, 2019 to consider and levy the assessments against
individual properties. (File No. J1907A, Assessment No. 198506)
Adopted
4 RES 18-1870 Approving the City’s cost of providing Property Clean Up services during
September 14 to 27, 2018, and setting date of Legislative Hearing for
December 18, 2018 and City Council public hearing for January 23,
2019 to consider and levy the assessments against individual properties.
(File No. J1908A, Assessment No. 198507)
Adopted
5 RES 18-1864 Approving a revision to the vacation of streets and alley, as petitioned by
the State of Minnesota and Minnesota State Colleges and Universities,
d/b/a St. Paul College, by amending the legal description in St. Paul City
Council File RES PH 17-300 and as referenced to St. Paul City Council
File RES 18-292.
Adopted
6 RES 18-1878 Amending the financing and spending plans in the Office of Financial
Services and General Government Accounts to reallocate funds between
two existing accounting units in order to more accurately recognize two
grants.
Adopted
7 RES 18-1776 Approving the Memorandum of Agreement for the establishment of the
2019 health insurance contribution rates and VEBA contribution rates.
Adopted
8 RES 18-1906 Approving the May 1, 2018 - April 30, 2021 Maintenance Labor
Agreement between the City of Saint Paul and the United Association of
Plumbers, Local 34 and Sprinkler Fitters, Local Union No. 417.
Laid over to November 28 for adoption
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9 RES 18-1890 Establishing the rate of pay for the new classification of Health and
Wellness Coordinator in EG 06, PEA, Grade 018.
Laid over to November 28 for adoption
10 RES 18-1867 Authorizing payment in the amount of seven thousand six hundred fifty-six
dollars and sixty-four cents ($7,656.64) in full settlement of the claim of
Progressive Insurance Company as Subrogee of Nashan Miller.
Adopted
11 RES 18-1808 Authorizing the Horticulture Department at the Marjorie McNeely
Conservatory to apply for a grant of up to $400 from the Mid-America
Orchid Congress, and, if awarded, accept it for the purchase of orchid
plants in the year 2019.
Adopted
12 RES 18-1744 Authorizing the Police Department to enter into a grant agreement with
the Office of National Drug Control Policy for the High Intensity Drug
Trafficking Areas Program.
Adopted
13 RES 18-1850 Authorizing the Police Department to accept a donation from the Saint
Paul Police Foundation for funds to be used for the Saint Paul Police
Explorer Program.
Adopted
14 RES 18-1884 Authorizing the Police Department to accept a grant in the amount of
$131,901 from the State of Minnesota Homeland Security Program.
Adopted
15 RES 18-1885 Authorizing the Police Department to accept an agreement with a
software services provider that includes an indemnification clause and an
out-of-state choice of law and venue.
Adopted
16 RES 18-1886 Authorizing the Police Department to accept the 2019 Toward Zero
Death Enforcement Program sub-grant from Ramsey County.
Adopted
FOR DISCUSSION
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17 RES 18-1922 Finding the Petition for a referendum of Ord 18-39 is legally sufficient but
that the subject matter is not appropriate to submit to the electorate.
City Attorney Lyndsey Olson said following an extensive public hearing process, the
Council voted to implement coordinated collection by contract in November 2017. She
said earlier in 2018 the Council passed Chapter 220 which adopted required regulations
for coordinated collection. She said a petition was submitted on Chapter 220 and had
sufficient valid signatures to satisfy the Charter requirement and be placed on the
ballot. She said in certain circumstances the Charter provisions authorizing a
referendum may violate the Constitution of otherwise be preempted by state law, as
was the situation here. She said state law contained the fundamental requirement that
cities pass regulations to ensure that garbage be collected and require cities to adopt
regulations and other local controls. She said repealing the ordinance that provided the
details of those regulations was in direct conflict with those laws and was therefore
prohibited. She said the requirements in state law could not be voided by referendum.
She said the repeal of the ordinance would also interfere with a valid contract, and that
interference was unconstitutional. She said when the City took an action required by
state law it could not be undone by referendum, and in those cases the Charter was
preempted by state law. She said in circumstances of constitutional or statutory
conflict, the courts had said forcing an election would be an exercise in futility and a
waste of municipal dollars.
Council President Brendmoen said she appreciated the clarification to supplement the
limited information provided in the resolution's title on the published agenda.
Councilmember Noecker confirmed with Ms. Lyndsey that the Charter required that if a
petition was determined to be sufficient the issue be put to referendum, but there were
some circumstances where state law preempted the Charter, and this was one of
them. Ms. Olson said that was correct. Councilmember Noecker asked what would
happen with the contract with the haulers if the City were to move forward with the
referendum and the vote was yes and the ordinance repealed. Ms. Olson said the
referendum wouldn't change or repeal the contract, which was separately valid. She
said the interference happened in that there was a requirement under state law to enact
local controls that underpinned the contract.
Councilmember Bostrom said it was disappointing to have over 6000 people sign, and
the signatures were sufficient, and now it didn't count. He asked why there was a
referendum process if the City could find a way to get around it, and it appeared to him
that the referendum process was bogus. He said he would not support the resolution
because he felt the people had spoken and deserved a chance to speak a little louder.
Councilmember Tolbert asked Ms. Lyndsey for clarification related to Councilmember
Bostrom's point. He said it wasn't that they couldn't have a referendum in St. Paul, but
there had to be a legal basis, or state law had to allow a referendum on that issue. He
said it wasn't the Council choosing what could go on the ballot, but state law had
prohibited what could and couldn't go on the ballot. Ms. Lyndsey said that was correct.
She said this was a narrow exclusion where the state law was above their authority to
govern the City. She said she understood where Councilmember Bostrom was coming
from, and that she was a resident of St. Paul and affected by the trash ordinance as
well, but it wasn't a matter of whether anyone liked it, it was a matter of law. She said it
was an area where the Minnesota legislature had specifically given the City the ability
and a requirement to pick up trash in the city, and when the City chose, under process
under the statute, the City found themselves in a position where they had to enact
requirements - "we must", and in order to proceed with the statutory requirement to
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pick up trash - this was the situation they were in.
Council President Brendmoen recalled there was a petition drive for using ranked
choice voting for municipal elections, and the initiative went to the ballot and the City
voted "yes," so she wouldn't say that it didn't count and referendums didn't work. She
said there was an attempt in the state legislature the previous year to preempt the
City's ability to use ranked choice voting for municipal elections even though it had
been instituted via referendum, and, fortunately, the legislation didn't pass.
Councilmember Noecker said the salient point for her was that state law required the
City to write into ordinance the details of their contract, and what the petition asked
them to do was illegal because it put them in violation of the state law if it were to pass
at referendum. She said she agreed with Councilmember Bostrom in wanting to
encourage public discussion, transparency, and the democratic process on the issue.
She said she didn't like this vote either but didn't want people to go through a false
process that could only be answered one way. She said she felt, overall, it was good
they went to organized trash collection, but there were a lot of things that they needed
to fix, including the multi-unit issue, pricing to encourage people to conserve, and
overall prices. She said they were committed to doing that and were talking to
constituents about how to do it, and were going back to the haulers in 90 days to talk
to them about how to do that, but repealing the ordinance didn't create a better
system, but just left the contract in place with no way to replace or fund it, and left
them in a position where they were in conflict with state law.
Councilmember Jalali Nelson said she would echo and lift up a lot of the same points.
She said this had been the main issue she'd heard about since she had taken office
on September 5. She said she was not on the Council for the original vote, and while
she heavily supported the goals of the new system, she wasn't sure she would have
voted for the current contract without addressing some of the issues raised by
Councilmember Noecker. She said based on the recommendation of the City Attorney,
she couldn't support the petition, but that didn't mean the Council members weren't
looking for ways to reduce the numerous pain points that had been brought to them.
She said accepting the petition could result in a situation where trash service was
abruptly halted for the City, leaving neighborhoods to literally pick up the pieces until a
better solution was found. She said she didn't think this was the right mechanism to
get at the needed improvements, and it had the potential to create safety, equity, and
environmental concerns in the meantime. She said she would prefer a petition directed
at fixing the issues and would prefer even more to keep working on it through
policy-making process. She said above all they needed to recognize that there had
been a massive increase in equitable garbage service that the new system
represented for thousands of people across the City, and she thought they could
acknowledge that while still being committed to finding improvements for everyone.
Councilmember Prince said one of the most important things they could do for the
6000 people who signed the petition, was to say "we hear you." She said the Council
knew there were some mistakes, there were a lot of unintended consequences, and
things that needed to be fixed. She said she was frustrated it couldn't be put on the
ballot but would be voting for the City Attorney's recommendation. She said going
forward they needed to be clear they were going to involve the petitioners and the
public in decisions about trash hauling. She said she believed there was a meeting in
January with the haulers, and the City need to be guided by the things they'd heard
from the petitioners, including the multi-family aspects of the contract which were not
only inconvenient blocking up alleys but were having a profound and devastating
impact on low-income renters, on people on fixed incomes who had been able to share
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garbage service, and people who were zero-wasters and were now paying a tremendous
amount for the little bit they generated. She said it was really important tat they told the
petitioners that they heard them and were going to work with them and for them to try
to fix this.
Councilmember Thao said he appreciated the leadership of neighbors and community
leaders who took the initiative to make the petition; he said that was what democracy
was all about. He said from another point of view, his colleagues worked very hard to
create a contract that incorporated the values identified during the citywide community
engagement campaign undertaken to gather information from the community. He said
he admitted and took some responsibility for not being able to find the cheapest
contract compared to Maplewood, but the contract was intended to achieve several of
the objectives that came out of those conversations, including creating environmental
justice, curbing illegal dumping that happened all over the city, especially in poor
neighborhoods like Frogtown, the East Side, and Summit University, and to protect the
small haulers. He said those were important things the community wanted to see, and
he felt they City executed the best they could, given the information received from
community engagement. He said this was not the end; it was a renewable contract and
they were thinking and looking forward to how they could strengthen the contract in a
couple of years. He said three or four years of data would put the City in a position
where they had data to negotiate and ensure they lived out the values they had been
collecting from the community. He said he was going to support the recommendation
of the City Attorney. He said this was not an easy thing, and as Council members they
put a lot of heart and soul in trying to figure out what was best for their wards and for
the City. He reiterated his appreciation for the leaders who went out of their way to
create the petition and said the Council would continue to work with them.
Council President Brendmoen said the conversations around the table recognized they
were getting fairly rigid advice from the City Attorney. She said Councilmember Prince
was absolutely right in that the Council had heard from the petitioners and others, and
knew there were places the process could be improved. She said they also knew there
were places where the process was going very well. She said there was a commitment
around the table to engage with the people who led on the petition. She said as
Councilmember Thao alluded to, the Council had the authority to put questions on the
ballot, and before the City went into another contract, she felt it was the desire of the
Council to go to the electorate to ask whether they wanted to issue an RFP for the
lowest bid, or go back to private hauling service, or continue with a consortium; and as
every month went by and the City came closer to the end of the contract period it put
the City in a better negotiating position. She said there had been problems in her ward
with some of the larger national haulers with sloppy customer service, poor billing and
inappropriate information given to constituents, and she had no interest in moving
forward in a contractual way with those type of providers. She said she felt there was
the opportunity to take the question to the electorate to help shape where the City went
next, but that didn't mean they could discount any opportunity in the meantime to
make improvements in the current contract. She said she felt it was in the best
interest of the haulers to get to the table and start working with the City.
Councilmember Bostrom said if there was a problem with the legality and the
petition-gathering was going on for several months, why didn't someone tell the
petitioners they were wasting their time since the City wasn't going to do anything about
the petition because allegedly they couldn't. He said he would bet five cents that
re-negotiating with the haulers would be successful. He said the haulers had a five-year
contract and got a heck of a deal, and he didn't see any incentive for them to go to the
table.
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Council President Brendmoen reiterated that there was another contract coming in the
future, and if the haulers didn't come to the table, they wouldn't be part of that
conversation. She said the Council was going to do something unusual; she said one
of the leads on the petitions was in the audience. She said she believed there was
support among the Council members to go with the recommendation of the City
Attorney's office, but she wanted to invite Alisa the mic in lieu of what was probably
the more desired outcome.
Alisa Lein thanked the Council for allowing her to speak on behalf of herself and the
petitioners. She said she was the property manager of 13 buildings, five of which were
impacted by the new trash program. She said she felt the City Council went into the
process hoping it would be a really good thing for the City, but here in 2018 there were
many unintended consequences. She said the main issues for the group, as far as out
gathering petitions and talking to countless numbers of people, were the multi-family,
the neighbor-to-neighbor, just the option to share a cart, zero-wasters, those who did
an amazing job for the environment and couldn't opt out, and the negotiated rates were
way too high. She said people flocked to events over the summer and were very angry
and disappointed about the elected representatives who they thought were hearing their
voice but they felt their voice was being stomped on. She said the petition was their
voice and they felt this was going to make a difference. She said a sufficient number
of signatures were gathered and no one wanted a court battle; she said it was trash
and she didn't want to go to court over trash. She said they wanted to work with the
City and appreciated the opportunity to help going forward. She said her plea was to
please listen to the thousands of people that spoke and signed the petitions, allow the
referendum on Ordinance 18-39 or repeal it. She said trash would not pile up all over
the city if this was thrown out. She said people would find a way to get rid of it
themselves, and other haulers would definitely come in. She said for her family, as
owners of the buildings, it was costing $4359 per year in excess costs for carts they
did not need or want and were literally sitting with their lids shut and taped. She said
that was a lot of money in a year, and a lot of money in five years, and that was just
one landlord.
Council President Brendmoen thanked Ms. Lein for her efforts.
Councilmember Noecker thanked Ms. Lein. She said the City's efforts to negotiate
with the haulers were somewhat hamstrung by the fact that they were conducting a
triangulated conversation where Council members were hearing from the people
impacted and trying to translate that to the haulers when they were negotiating, and
then the people who were impacted were talking to the haulers who were blaming the
City. She said she wondered what it would be like to have some of the leaders on the
petitions or others who felt strongly, in the room, so they could have the conversation
together. She said, to Council President Brendmoen's point, she felt the haulers
should be really motivated now and maybe more so if they heard from people who were
directly impacted.
Councilmember Prince said she wanted to echo that. She said she was so frustrated
that the customer service aspect of the contract was going horribly. She said in terms
of the promises made by the hauling consortium in the negotiating process, the
finger-pointing was not acceptable. She said it was hard for her to vote to keep this off
the ballot but her feeling was that it was not the Council's intention for foreclose public
input but to use this vote to invite the public into the process moving forward and to
really try to fix this thing.
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Council President Brendmoen said she would take that as a motion to approve the
resolution.
Adopted
Yea: 6- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,
Councilmember Noecker, Councilmember Prince and Councilmember Jalali
Nelson
Nay: 1- Councilmember Bostrom
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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
18 Ord 18-53 Amending Chapter 370 of the Legislative Code to update language to
gender neutral format and change the journeyperson/trade worker ratio
regarding warm air permits.
Councilmember Tolbert moved approval.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
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19 Ord 18-54 Creating Chapter 224 of the Legislative Code to implement a City
minimum wage.
Councilmember Tolbert read a statement supporting the ordinance. He reviewed the
process, and acknowledged by name City staff, committee and community members
who contributed to the process.
Councilmember Jalali Nelson read a statement in support. She said she was looking
forward to working on education and outreach to help businesses adapt to the policy,
and to funding and further shaping enforcement mechanisms. She said she'd also like
to address language in the existing ordinance around franchises to make sure large
corporations didn't have unintended loopholes and that truly local franchises could also
be assigned to the appropriate schedule and supports. She said the current language
was an improvement over the original, and she thanked Councilmember Noecker for
her work.
Councilmember Noecker spoke in support of the ordinance. She addressed those who
put so much time into advocating for a tip adjustment, saying she had decided against
it but they were heard, and she felt she owed them an explanation as to how she
arrived at that decision. She said Minnesota had been a one fair wage state for 34
years and she believed the philosophy behind that decision - that wages were not tips -
was still sound. She said the fears of lost employment or a shift away from tipping
models were real fears, but in crafting sound public policy the City needed to rely on
actual experience, and the real experience of other cities was not a negative one, due
to the many other benefits of the wage increases. She said she appreciated and
carefully considered the compromise policies proposed by advocates, but ultimately
felt it was important to craft a policy that did not create an unfair playing field favoring
businesses where tipped workers make $20 an hour or more over businesses with
workers that don't make that much. She said she knew the policy would be a burden
to some businesses and she was committed to providing that support. She said
Council members Thao and Prince were working with her on an administrative
ordinance that would commit the City to that support.
Councilmember Prince said she felt there were a couple of outstanding issues,
including the one just addressed by Councilmember Noecker. She said she was
concerned that there remained such a division, and there was still and that that was
the really unresolved controversy of the ordinance. She said she had reached out to
both sides to say she would like to continue conversations to see if there was any
middle ground. She said it was important to work particularly with small and micro
businesses to provide the technical assistance they needed to continue to operate and
thrive under the ordinance; she said the administrative ordinance she was working on
with Council members Thao and Noecker was very important to her. She spoke about
the importance of supporting working people at a time when the American economy
was such that workers were facing challenges unprecedented in her lifetime.
Councilmember Thao spoke in support. He thanked those who participated in the
process, and thanked his fellow Council members for their hard work to create a
balanced policy. He said through the process, one thing that occurred to him was that
justice depended on which side of the issue you were on - tip adjustment or not, for
example - but that shouldn't pit neighbors against one another or employees against
employers. He spoke about the importance of working together for the sustainability of
the city and to support small businesses and immigrant businesses. He asked that
those businesses not give up on the City, but that the businesses and City reach out
to each other. He said it wasn't just politics, and he asked everyone to work with each
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other to help St. Paul sustain and grow.
Council President Brendmoen said she appreciated the time taken to express gratitude
and name names,and she appreciated hearing the concerns, thoughtfulness, and
enthusiasm, and all of the work that had gone into the ordinance.
Councilmember Tolbert moved approval.
Adopted as amended (amended on October 24 and November 7)
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
First Reading
20 Ord 18-60 Granting the application of TK Dynamic Home LLC to rezone property at
1350 Payne Avenue from B1 Local Business to T1 Traditional
Neighborhood, and amending Chapter 60 of the Legislative Code
pertaining to the zoning map.
Laid over to November 28 for second reading
21 Ord 18-63 Amending Chapter 347 of the Legislative Code to include regulations of
the sale of dogs and cats at pet shops and pet shop facilities.
Laid over to November 28 for second reading
BUDGET AMENDMENT PUBLIC HEARINGS
22 RES PH 18-338 Amending the financing and spending plans in the Police Department in
the amount of $70,000 for the 2018 Americorps State and Territory
Commission - Leaders Corps sub-grant from ServeMinnesota.
No one was present to testify; Councilmember Thao moved to close the public hearing
and approve the resolution.
Adopted:
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
SUSPENSION ITEMS
Councilmember Thao moved suspension of the rules.
Rules suspended
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Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
RES 18-1954 Authorizing Ward 1 to spend money raised through Model Cities to pay
for a Ward 1 Community Meal.
Councilmember Thao moved approval of the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
Councilmember Noecker moved suspension of the rules.
Rules suspended
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
RES 18-1923 Ratifying the assessment for the 2018 Street Maintenance Service
Program for 10 Delos Street West. (File No. 2018SMSP2, Assessment
No. 180026)
Councilmember Noecker said she discovered there was not a policy on the books to
calculate a different assessment for the irregularly-shaped lot, and she didn't feel it
was prudent to move a different assessment without a policy in place. She said she
had had good conversations with the Administration and the Office of Financial
Services over the previous week, and the Administration had committed to working
with her office on a more sensible policy for irregularly-shaped lots. She said she had
communicated with the property-owner about her decision not to change the
assessment, but was committed to continuing to work with the Administration on a
policy that was more fair to these larger lots.
She moved approval of the resolution.
Adopted
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
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LEGISLATIVE HEARING ITEMS FOR DISCUSSION
26 RLH RR 18-41 Making finding on the appealed nuisance abatement ordered for 2096
REANEY AVENUE in Council File Nos. RLH RR 17-52 and RLH RR
17-28. (Public hearing continued from November 28)
Legislative Hearing Officer Marcia Moermond said the Certificate of Code Compliance
was not issued over the past week, and, as she had mentioned at the previous week's
public hearing, she was asking the Council to forfeit $2500 of the 10,000 performance
deposit to cover some of the City's costs incurred during the extensive rehabilitation
process. She asked that the public hearing be continued for two weeks to see if they
were able to get the Code Compliance inspection in that time. She said an electrical
inspection had been done, and were very far from being done.
No one was present to testify; Councilmember Prince moved to continue the public
hearing to November 28.
Amended; public hearing continued to November 28
Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
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.
CN
Approval of the Consent Agenda (Items 23 - 28)
No one was present to testify; Councilmember Noecker 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, Councilmember Brendmoen, Councilmember
Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember
Prince and Councilmember Jalali Nelson
Nay: 0
23 RLH FCO Appeal of Kaojia Vang to a Correction Notice - Re-Inspection Complaint
18-178 at 837 CASE AVENUE.
Adopted
24 RLH VO 18-48 Appeal of Raul Torres to a Re-Inspection Fire Certificate of Occupancy
with Deficiencies, including Condemnation at 620 OAKDALE AVENUE.
Adopted
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25 RLH SAO 18-72 Appeal of M.J. Johnson to a Summary Abatement Order at 1954
PALACE AVENUE.
Adopted
27 RLH TA 18-600 Amending Council File RLH AR 18-73 to delete the assessment for
Graffiti Removal services during May 23 to June 20, 2018 at 1831
UNIVERSITY AVENUE WEST. (File No. J1810P, Assessment No.
188410)
Adopted
28 RLH RR 18-16 Making finding on the appealed nuisance abatement ordered for 1536
VAN BUREN AVENUE in Council File RLH RR 18-2. (Legislative
Hearing on November 13)
Adopted as amended (nuisance condition not abated)
ADJOURNMENT
Meeting adjourned at 4:31 p.m.
Chair Tolbert reconvened the meeting Housing and Redevelopment Authority. He said
Item 6 was laid over because they didn't have a final copy of the agreement available
at the 2:00 meeting.
Dr. Bruce Corrie, Planning and Economic Development Director, said he had emailed
copies of the changes to some of the commissioners. (Staff was sent to print hard
copies.) Dr. Corrie reviewed the changes, and answered questions from the
commissioners.
Commissioner Noecker moved approval of the resolution. Yeas - 7 Nays - 0
Commissioner Thao moved to adjourn the meeting. Yeas - 7 Nays - 0
The meeting was adjourned at 4:40 p.m.
City of Saint Paul Page 14
City Council Minutes - Final November 14, 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 15
Agenda
City Hall and Court House
City of Saint Paul 15 West Kellogg
Boulevard
Council Chambers - 3rd
Meeting Agenda Floor
651-266-8560
City Council
Council President Amy Brendmoen
Councilmember Dan Bostrom
Councilmember Mitra Jalali Nelson
Councilmember Rebecca Noecker
Councilmember Jane L. Prince
Councilmember Dai Thao
Councilmember Chris Tolbert
Wednesday, November 14, 2018 3:30 PM Council Chambers - 3rd Floor
There will be no meeting on Wednesday, November 21.
ROLL CALL
COMMUNICATIONS & RECEIVE/FILE
1 CO 18-58 Letter from the Department of Safety and Inspections declaring 489 Sherburne
Avenue a nuisance property. (For notification purposes only; public hearings will
be scheduled at a later date if necessary.)
Sponsors: Thao
Attachments: 489 Sherburne Ave.OTA 11-7-18
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.
2 RES Approving the City’s cost of providing Collection of Fire Certificate of
18-1722 Occupancy fees billed during June 12 to July 16, 2018, and setting date of
Legislative Hearing for December 4, 2018 and City Council public hearing for
January 16, 2019 to consider and levy the assessments against individual
properties. (File No. CRT1903, Assessment No. 198202)
Sponsors: Brendmoen
Attachments: Report of Completion
Assessment Roll
3 RES Approving the City’s cost of providing Property Clean Up services during August
18-1869 30 to September 14, 2018, and setting date of Legislative Hearing for December
18, 2018 and City Council public hearing for January 23, 2019 to consider and
levy the assessments against individual properties. (File No. J1907A,
Assessment No. 198506)
Sponsors: Brendmoen
City of Saint Paul Page 1 Printed on 11/15/2018
City Council Meeting Agenda November 14, 2018
Attachments: Report of Completion
Assessment Roll
4 RES Approving the City’s cost of providing Property Clean Up services during
18-1870 September 14 to 27, 2018, and setting date of Legislative Hearing for December
18, 2018 and City Council public hearing for January 23, 2019 to consider and
levy the assessments against individual properties. (File No. J1908A,
Assessment No. 198507)
Sponsors: Brendmoen
Attachments: Report of Completion
Assessment Roll
5 RES Approving a revision to the vacation of streets and alley, as petitioned by the
18-1864 State of Minnesota and Minnesota State Colleges and Universities, d/b/a St.
Paul College, by amending the legal description in St. Paul City Council File
RES PH 17-300 and as referenced to St. Paul City Council File RES 18-292.
Sponsors: Thao
Attachments: RES PH 17_300 and RES 18_292 Recorded
Exhibit B
6 RES Amending the financing and spending plans in the Office of Financial Services
18-1878 and General Government Accounts to reallocate funds between two existing
accounting units in order to more accurately recognize two grants.
Sponsors: Brendmoen
Attachments: RES 18-1878 Financial Analysis
7 RES Approving the Memorandum of Agreement for the establishment of the 2019
18-1776 health insurance contribution rates and VEBA contribution rates.
Sponsors: Brendmoen
Attachments: 2019 MOA Health Ins VEBA Contributions
8 RES Approving the May 1, 2018 - April 30, 2021 Maintenance Labor Agreement
18-1906 between the City of Saint Paul and the United Association of Plumbers, Local
34 and Sprinkler Fitters, Local Union No. 417. (To be laid over one week for
adoption)
Sponsors: Brendmoen
Attachments: 2018 - 2021 Plumbers Sprinkler Fitters Labor Agreement
2018 - 2021 Plumbers Sprinkler Fitters Summary Agreement
9 RES Establishing the rate of pay for the new classification of Health and Wellness
18-1890 Coordinator in EG 06, PEA, Grade 018. (To be laid over one week for adoption)
Sponsors: Brendmoen
City of Saint Paul Page 2 Printed on 11/15/2018
City Council Meeting Agenda November 14, 2018
Attachments: H&W Coordinator - Financial Analysis
10 RES Authorizing payment in the amount of seven thousand six hundred fifty-six
18-1867 dollars and sixty-four cents ($7,656.64) in full settlement of the claim of
Progressive Insurance Company as Subrogee of Nashan Miller.
Sponsors: Brendmoen
Attachments: C180251 PD Release
C180251 W9
Copy of c180251 financial analysis
C180251 Resolution
11 RES Authorizing the Horticulture Department at the Marjorie McNeely Conservatory
18-1808 to apply for a grant of up to $400 from the Mid-America Orchid Congress, and, if
awarded, accept it for the purchase of orchid plants in the year 2019.
Sponsors: Brendmoen and Jalali Nelson
12 RES Authorizing the Police Department to enter into a grant agreement with the
18-1744 Office of National Drug Control Policy for the High Intensity Drug Trafficking
Areas Program.
Sponsors: Brendmoen
Attachments: HIDTA Grant
HIDTA Grant #2
13 RES Authorizing the Police Department to accept a donation from the Saint Paul
18-1850 Police Foundation for funds to be used for the Saint Paul Police Explorer
Program.
Sponsors: Brendmoen
Attachments: Saint Paul Police Foundation Explorer Donation
14 RES Authorizing the Police Department to accept a grant in the amount of $131,901
18-1884 from the State of Minnesota Homeland Security Program.
Sponsors: Brendmoen
Attachments: 2018 State Homeland Security Bomb Grant
15 RES Authorizing the Police Department to accept an agreement with a software
18-1885 services provider that includes an indemnification clause and an out-of-state
choice of law and venue.
Sponsors: Brendmoen
Attachments: Smartsheet
16 RES Authorizing the Police Department to accept the 2019 Toward Zero Death
18-1886 Enforcement Program sub-grant from Ramsey County.
City of Saint Paul Page 3 Printed on 11/15/2018
City Council Meeting Agenda November 14, 2018
Sponsors: Brendmoen
Attachments: Ramsey County 2019 Toward Zero Death Subgrant
FOR DISCUSSION
17 RES Finding the Petition for a referendum of Ord 18-39 is legally sufficient but that
18-1922 the subject matter is not appropriate to submit to the electorate.
Sponsors: Brendmoen
Attachments: certification of results of petition inspection
Comment rec'd by Council re Ord 18-39 Petition
Online comment re Ord 18-39 petition
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
18 Ord 18-53 Amending Chapter 370 of the Legislative Code to update language to gender
neutral format and change the journeyperson/trade worker ratio regarding warm
air permits. (Title changed on 3rd reading)
Sponsors: Brendmoen
Attachments: Chapter 370 Memo dated September 26th 2018
Letter of Support from Local 10 dated April 13th 2018
19 Ord 18-54 Creating Chapter 224 of the Legislative Code to implement a City minimum
wage.
Sponsors: Tolbert, Noecker, Brendmoen, Jalali Nelson and Thao
Attachments: Saint Paul Minimum Wage Final Report - FINAL
Facilitated Minimum Wage Discussions 3&4 Analysis
Thao (Marked Changes Corrected) Min Wage 10-24-18 Min Wage Part D and E (003)
Amendment Proposal to Sec. 224.03 support doc v3
Tolbert Proposed amendment - clean up language
Tolbert Proposed amendment -disability employee definition
SPACC Letter 10-23-18
Varco email re Thao amendment 10-24-18
NELP - North Star Policy Institute Letter
Comment rec'd by Council re Minimum Wage Ordinance
Tolbert 11-7 amendment - CBA exemption removed (002)
Thao 11-7 Amendment Change to Part D and E (002)
NELP Letter
Midway Chamber Minimum Wage Letter November 2018
City of Saint Paul Page 4 Printed on 11/15/2018
City Council Meeting Agenda November 14, 2018
Noecker 11-7 Amendments
$15 MW Amendments Approved at 3rd Reading
ROC United Letter 11-13-18
Comment 2 rec'd by Council re Minimum Wage Ordinance
Online comment re Minimum Wage
Magee Testimony
First Reading
20 Ord 18-60 Granting the application of TK Dynamic Home LLC to rezone
property at 1350 Payne Avenue from B1 Local Business to T1
Traditional Neighborhood, and amending Chapter 60 of the
Legislative Code pertaining to the zoning map.
Sponsors: Bostrom
Attachments: PC Resolution 18-73
pcactionminutes110218
ZC draft minutes
ZC staff packet
60 day extension
21 Ord 18-63 Amending Chapter 347 of the Legislative Code to include regulations of the sale
of dogs and cats at pet shops and pet shop facilities.
Sponsors: Noecker
City of Saint Paul Page 5 Printed on 11/15/2018
City Council Meeting Agenda November 14, 2018
BUDGET AMENDMENT PUBLIC HEARINGS
22 RES PH Amending the financing and spending plans in the Police Department in the
18-338 amount of $70,000 for the 2018 Americorps State and Territory Commission -
Leaders Corps sub-grant from ServeMinnesota.
Sponsors: Brendmoen
Attachments: Financial Analysis
SUSPENSION ITEMS
RES Ratifying the assessment for the 2018 Street Maintenance Service Program for
18-1923 10 Delos Street West. (File No. 2018SMSP2, Assessment No. 180026)
Sponsors: Noecker
Attachments: Assessment Roll
RES Authorizing Ward 1 to spend money raised through Model Cities to pay for a
18-1954 Ward 1 Community Meal.
Sponsors: Thao
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.
23 RLH FCO Appeal of Kaojia Vang to a Correction Notice - Re-Inspection Complaint at 837
18-178 CASE AVENUE.
Sponsors: Bostrom
Attachments: 837 Case Ave.appeal.10-8-18
837 Case Ave.photos.10-1-18
837 Case Ave.Vang Ltr.10-18-18
24 RLH VO Appeal of Raul Torres to a Re-Inspection Fire Certificate of Occupancy with
18-48 Deficiencies, including Condemnation at 620 OAKDALE AVENUE.
Sponsors: Noecker
Attachments: 620 Oakdale Ave.appeal.9-5-2018
620 Oakdale Ave.photo1.9-4-18
620 Oakdale Ave.photo2.9-4-18
620 Oakdale Ave.photo3.9-4-18
620 Oakdale Ave.photo4.9-4-18
620 Oakdale Ave.photo5.9-4-18
620 Oakdale Ave.Torres Ltr.9-14-18.doc
620 Oakdale Ave.Haugen Email.9-19-18
620 Oakdale Ave.Torres Ltr.9-20-18.doc
City of Saint Paul Page 6 Printed on 11/15/2018
City Council Meeting Agenda November 14, 2018
620-622 Oakdale Ave.Photos.10-8-18.pdf
620-622 Oakdale Ave.Photos #2.10-8-18.pdf
620 Oakdale Ave.Photos with Notes.10-16-18.pdf
620 Oakdale Ave.Fire C of O Updated Orders.11-5-18
620 Oakdale Ave.Torres Ltr.11-9-18.doc
25 RLH SAO Appeal of M.J. Johnson to a Summary Abatement Order at 1954 PALACE
18-72 AVENUE.
Sponsors: Tolbert
Attachments: 1954 Palace Ave.appeal.10-8-18
1954 Palace Ave.Corrrection Notice.6-15-16
1954 Palace Ave.Photos.10-11-18.pdf
1954 Palace Ave.DSI Order to Proceed w Demo.10-17-18.pdf
1954 Palace Ave.Moermond-Karpen Email Chain.10-25-18
1954 Palace Ave.Moermond-Magner Email Chain.10-25-18
1954 Palace Ave.Johnson Ltr.10-25-18.doc
1954 Palace Ave.email from Owner.11-12-18.pdf
1954 Palace Ave.chain emails.11-14-18.pdf
26 RLH RR Making finding on the appealed nuisance abatement ordered for 2096 REANEY
18-41 AVENUE in Council File Nos. RLH RR 17-52 and RLH RR 17-28. (Public
hearing continued from September 12, October 24, and November 7)
Sponsors: Prince
Attachments: 2096 Reaney Ave.RR Findings Ltr.8-8-18.doc
2096 Reaney Ave.Flyckt Ltr.9-4-18
2096 Reaney Ave.email from Chris Marquis & Work Plan.9-7-18.pdf
2096 Reaney Ave.Flyckt Ltr.9-13-18.doc
2096 Reaney Ave.Vang-Flyckt email.10-22-18.pdf
27 RLH TA Amending Council File RLH AR 18-73 to delete the assessment for Graffiti
18-600 Removal services during May 23 to June 20, 2018 at 1831 UNIVERSITY
AVENUE WEST. (File No. J1810P, Assessment No. 188410)
Sponsors: Jalali Nelson
Attachments: 1831 University Ave W.Graffiti Waiver.2-24-12.pdf
1829 University Ave W.Graffiti Before and After Photos.7-3-18.pdf
28 RLH RR Making finding on the appealed nuisance abatement ordered for 1536 VAN
18-16 BUREN AVENUE in Council File RLH RR 18-2. (Legislative Hearing on
November 13)
Sponsors: Jalali Nelson
Attachments: 1536 Van Buren Ave.chain emails.10-5-18.pdf
1536 Van Buren Ave.Making Finding Notice of Hearing.10-5-18.doc
City of Saint Paul Page 7 Printed on 11/15/2018
City Council Meeting Agenda November 14, 2018
1536 Van Buren Ave.30-Day Forfeit Notice.10-8-18.pdf
1536 Van Buren Ave.chain emails.10-5-18 (2).pdf
1536 Van Buren Ave.Making Finding Notice of Hearing.10-25-18.doc
ADJOURNMENT
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 8 Printed on 11/15/2018