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City Council

Regular Meeting

St. Paul, MN · November 14, 2018

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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 City of Saint Paul Page 1 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 2 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 3 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 4 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 5 City Council Minutes - Final November 14, 2018 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. City of Saint Paul Page 6 City Council Minutes - Final November 14, 2018 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. City of Saint Paul Page 7 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 8 City Council Minutes - Final November 14, 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 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 City of Saint Paul Page 9 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 10 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 11 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 12 City Council Minutes - Final November 14, 2018 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 City of Saint Paul Page 13 City Council Minutes - Final November 14, 2018 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