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City Council

Regular Meeting

St. Paul, MN · February 27, 2019

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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 Kassim Busuri Councilmember Mitra Jalali Nelson Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, February 27, 2019 3:30 PM Council Chambers - 3rd Floor ROLL CALL Present 7 - Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Rebecca Noecker, Councilmember Jane L. Prince, Councilmember Mitra Jalali Nelson and Councilmember Kassim Busuri COMMUNICATIONS & RECEIVE/FILE 1 AO 19-5 Amending the 2019 Capital Improvement Budget to allocate funding for Green Energy Loan Program to the appropriate department projects. Received and filed 2 AO 19-9 Amending CDBG activities budgets. Received and filed 3 AO 19-10 Amending CDBG activity budget: funding for 605 Stryker. 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 4 - 22) Councilmember Prince moved approval of the Consent Agenda. Consent Agenda adopted Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri City of Saint Paul Page 1 City Council Minutes - Final February 27, 2019 Nay: 0 4 RES 19-234 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Western Avenue. (File No. MO1804, Assessment No. 185502) Adopted 5 RES 19-235 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Stryker Avenue. (File No. MO1805, Assessment No. 185503) Adopted 6 RES 19-237 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Victoria Street. (File No. MO1807, Assessment No. 185505) Adopted 7 RES 19-20 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for a storm sewer stub at 2220 Jefferson Avenue installed within the right-of-way as part of the Woodlawn/Jefferson area paving and lighting project. (File No. 19208CST, Assessment No. 196004) Adopted 8 RES 19-22 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Woodlawn/Jefferson area paving and lighting project. (File No. 19208C, Assessment No. 196002) Adopted 9 RES 19-18 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Como Avenue from Commonwealth to Eustis area paving and lighting project. (File No. 19205C, Assessment No. 196003) Adopted City of Saint Paul Page 2 City Council Minutes - Final February 27, 2019 10 RES 19-232 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Franklin Avenue. (File No. MO1801, Assessment No. 185500) Adopted 11 RES 19-239 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Prior Avenue. (File No. MO1810, Assessment No. 185506) Adopted 12 RES 19-58 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Wheelock Parkway from Danforth to Western paving and lighting project. (File No. 19230C, Assessment No. 196001) Adopted 13 RES 19-231 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Sealcoating Street and/or Alley. (File No. 185600, Assessment No. 185600) Adopted 14 RES 19-233 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Arlington Avenue. (File No. MO1802, Assessment No. 185501) Adopted 15 RES 19-236 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Forest Street. (File No. MO1806, Assessment No. 185504) Adopted 16 RES 19-238 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Wilson Avenue. (File No. MO1809, Assessment No. 185508) Adopted City of Saint Paul Page 3 City Council Minutes - Final February 27, 2019 17 RES 19-240 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Third Street. (File No. MO1811, Assessment No. 185507) Adopted 18 RES 19-212 Acknowledging a public purpose for the Annual City Employee Cookout and granting permission to the City Employee Committee to spend City funds and to solicit for and accept donations on behalf of the City to defray the costs of the cookout to be held on Tuesday, August 20, 2019. Adopted 19 RES 19-295 Approving the Labor Agreements between the Independent School District 625 and District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO (7/1/2017- 6/30/2019); Professional Employees Association (1/1/2018 - 12/31/2019); Local Union 844 District Council 5 of the American Federation of State, County and Municipal Employees, AFL-CIO representing Clerical and Technical Employees (7/1/2018 - 6/30/2020); and the 2018-2019 Memorandum of Agreement for the United Association of Plumbers, Local Union No 34 wage and fringe adjustment. Laid over to March 6 for adoption 20 RES 19-331 Changing the rates of pay for the classification of DSI Trainee in Grade 003 of EG 99, Special Employment Salary Schedule. Laid over to March 6 for adoption 21 RES 19-332 Establishing the rate of pay for the new classification of City Council Executive Assistant I in Grade 031, of EG 01, AFSCME Clerical. Laid over to March 6 for adoption 22 RES 19-342 Approving the execution of the Joint Powers Agreement for Immigrant and Refugee Services. Adopted FOR DISCUSSION 23 RES 19-328 Approving the Mayor's appointment of Rick Schute to serve as Emergency Management Director. Councilmember Noecker moved approval. Adopted City of Saint Paul Page 4 City Council Minutes - Final February 27, 2019 Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 24 RES 19-330 Approving the appointment of John McCarthy as Interim Director of the Office of Financial Services. Councilmember Tolbert moved approval. Adopted Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 City Clerk Shari Moore performed the swearing in for Rick Schute, John McCarthy, and HREEO interim director Jeff Martin (appointed October 24, 2018). 25 RLH TA 19-10 Ratifying the Appealed Special Tax Assessment for property at 647 CENTRAL AVENUE WEST. (File No. VB1905, Assessment No. 198804) (To be amended) Adopted as amended (assessment reduced) Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 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 26 Ord 19-4 Granting the application of Marshall Group LLC to rezone property at 1819 Marshall Avenue from T1 traditional neighborhood to T2 traditional neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Councilmember Jalali Nelson moved approval. Adopted City of Saint Paul Page 5 City Council Minutes - Final February 27, 2019 Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 27 Ord 19-5 Changing one block of Roy Street between Shields Avenue and Spruce Tree Avenue from a one way street northbound to a two way street in accordance with Chapter 147 of the Legislative Code. Councilmember Jalali Nelson moved approval. Adopted Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 Second Reading 28 Ord 19-14 Amending Chapter 409 of the Saint Paul Legislative Code establishing additional criteria for applicants to the charitable gambling eligible recipients list established under Section 409.235. Laid over to March 6 for third reading/public hearing SUSPENSION ITEMS RES 19-381 Honoring Betsy Frederick for her persistence and fortitude in sticking with downtown Saint Paul these many years, and declaring February 28, 2019 to be Betsy Frederick Day. Councilmember Noecker read the resolution. Neighbor Rick Cardenas made brief comments. Councilmember Noecker moved approval of the resolution. Adopted Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 PUBLIC HEARINGS City of Saint Paul Page 6 City Council Minutes - Final February 27, 2019 29 RES PH 19-47 Approving the application of Burger Moe’s for a sound level variance to present amplified music for St. Patrick’s Day events on Saturday, March 16, 2019 at 242 7th Street West. No one was present to testify. Councilmember Noecker moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 30 RES PH 19-57 Approving the application of Shamrock’s Irish Nook for a sound level variance to present live amplified music in an enclosed tent on Saturday, March 16 and Sunday, March 17, 2019 at 995 7th Street West. No one was present to testify. Councilmember Noecker moved to close the public hearing and approve the resolution. Adopted Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 Council members shared news from the wards. LEGISLATIVE HEARING ITEMS FOR DISCUSSION City of Saint Paul Page 7 City Council Minutes - Final February 27, 2019 36 RLH RR 19-4 Ordering the rehabilitation or razing and removal of the structures at 888 MARYLAND AVENUE EAST within fifteen (15) days after the February 27, 2019, City Council public hearing. (Amend to remove within 15 days with no option for repair) Legislative Hearing Officer Marcia Moermond said this had been a registered vacant building since May 6, 2016. She said the building was owned by Mr. Meltzer and had been sold on a contract for deed to an LLC with three members who were not in agreement as to how the building should be redeveloped. She said one of the three would like to have it developed as a tobacco shop and the other two would like it redeveloped as a restaurant. She said it was stated in the context of the Legislative Hearing she stated that a single plan was needed in order for the building to be redeveloped, and no building permits could be issued without a clear end-use in place. She noted there had been 17 summary abatement orders during the 18 months it had been a registered vacant building, for things like garbage and rubbish, boarding, tall grass and weeds, and snow and ice removal. She said there was no question in her mind that it had been a nuisance property in the neighborhood, and vacant commercial properties had statistically been shown to attract violent criminal activity. She said given the disagreement, she would not recommend that the Council except either of the redevelopment plans. She said Mr. Meltzer attended two Legislative Hearings, and had left yesterday's hearing knowing the recommendation to the Council would be to order the building removed within 15 days with no option for rehabilitation. She said he consulted an attorney about his ability to pursue the rehabilitation himself through possible cancellation of the contract. She said they discussed possible scenarios, and from her perspective, the notice of the October 17 order to abate a nuisance building was sent to all parties with a 30-day compliance period; the first Legislative Hearing was scheduled on January 29 which allowed additional weeks; and none of the parties took steps during that time to come into agreement. She said two attorneys were present representing the parties. Council President Brendmoen confirmed with Ms. Moermond that the parties present were aware that five minutes was allowed for testimony. Ms. Moermond said they were, and she had let them know the Council members had the Legislative Hearing record in front of them. Councilmember Busuri asked how many times Ms. Moermond had met with the parties. Ms. Moermond said the original Legislative Hearing was scheduled for January 29, and the matter was laid over for two weeks to allow the parties to meet and discuss options. She said the next hearing was scheduled for February 13 and there was a request by one of the attorneys to reschedule. She said she agreed to reschedule to the end of February with the expectation that final rather than draft plans be presented at that meeting, to include all of the usual items such as a work plans and available financing, as well as a contract showing they were in agreement. Council President Brendmoen confirmed with Ms. Moermond that that was the meeting at which she received two different work plans. Property owner Les Meltzer said he sold the property under contract for deed to SMH Corporation, and nothing was done since 2016. He said they had tried to comply with the requests of the LLC, he was perhaps naive to think the three-member LLC would not put the property in jeopardy. He said the property was a nuisance and not what the neighborhood deserved, but was not a health or safety risk. He said his attorney was present and would propose a way to maintain the valuable building and go forward. City of Saint Paul Page 8 City Council Minutes - Final February 27, 2019 Attorney Chris Ferreira said they had cancelled the contract twice in a two-year period for monetary default, which they cured. He said they sent the October order to one of the partner's attorney asking what communications were being made with the City, and the response was that there was constant communication with City and inspector, and he had emails to that effect. He said they relied on those representations that the work was getting done, and learned yesterday that they (the buyers) couldn't resolve their dispute. He said they were ready to cancel the contract with the LLC, which was in default for committing waste and for not complying with City orders; and they wanted to protect Mr. Meltzer's interest under the contract. He noted that Mr. Meltzer had owned the property for almost 30 years. He asked that they be allowed to cancel the contract and make the repairs immediately, which they had the financial capability to do. Attorney Nathan Krogh, representing two of the shareholders: Mohamed Shambolia and Hasan Hasan. He said there were three shareholders, and there was a dispute over control of the corporation. He said Mr. Shambolia and Mr. Hasan, as two of the three shareholders, had the decision-making ability for the corporation. He said both sides wanted to improve the property and abate the nuisance, but Mr. Al-Hawwari's plan for a tobacco shop did not have a majority shareholder consent, and he could not sign a lease on behalf of the LLC. He said Mr. Al-Hawwari's claim as a 50-50 owner did not give him the authority to submit a plan and put his own tobacco shop in there. Council President Brendmoen said this was the 11.9th hour, the building had been vacant for almost three years, the order was issued in October with Legislative Hearings in January, and it seemed absurd to be talking about the details of the business relationship at this Council meeting. Mr. Krogh said his clients wanted to perform and had a work plan in place for the restaurant, but they couldn't with the dispute. He reiterated that as two-thirds owners and corporate officers they had the authority to make the decisions. Ahmad Al-Hawwari said they we were kicked out of the corporation for not making a financial contribution, so he was assigned to take over the building with his other partner and had been making the mortgage payments since September 2017. He said he ordered and paid for the Code Compliance after receiving the order from the City, and attended the Code Compliance meeting with the inspectors. He said he had intended to buy a Super America but decided to open a tobacco shop in this building instead. He said he hired an electrician who was just waiting for the final permit inspection, and had hired a plumber who was now unable to pull a permit because of the dispute. He said it was almost done, and if he or the building owner were and extension, he promised it would be done in no time. He said a restaurant would be be costly. He said they had an architect and site plan but could not submit it because of the interference from the behalf of the other parties who suddenly wanted to be back in the picture. Mr. Ferreira said the seller didn't take action in October because Mr. Krogh was not involved until late January when the dispute was initiated, and Mr. Al-Hawwari's attorney made representations to the seller that everything was being taken care of with the City. Councilmember Busuri moved to close the public hearing. Yeas - 7 Nays - 0 Councilmember Busuri said enough time was given and Ms. Moermond had done her best to bring the parties together, and he hoped they would work it out together. Council President Brendmoen asked for clarification of Ms. Moermond's City of Saint Paul Page 9 City Council Minutes - Final February 27, 2019 recommendation. Ms. Moermond said her recommendation was that the Council order the building removed within 15 days. Councilmember Noecker asked whether the parties could use those 15 days to talk about the issues raised. Ms. Moermond said the Council would be issuing an order that allowed only for the building's removal as a means for abating the nuisance condition. Councilmember Busuri moved to adopt Ms. Moermond's recommendation. Councilmember Tolbert spoke in support of the motion. Councilmember Prince asked what the motion would look like if the Council wanted to allow the parties to present a plan if they were able to develop one in the next two weeks. Ms. Moermond said the Council had on occasion said they would reconsider a matter if some conditions were met. Council President Brendmoen if there was an "unless" clause, it would have to be very clear. Councilmember Prince asked what if the owner was able to cancel the contract and come forward with a plan in 15 days; she said that was a condition she would accept. Councilmember Noecker said she would be interested in talking about Councilmember Prince's suggestion; she said she was sympathetic to the plight of the owner but was hesitant to give more than 15 days. Council President Brendmoen said the challenge was being presented with this level of detail and confusion at the table, and she was usually inclined to send it back to Legislative Hearing for one last whirl. She said she wondered what a week would do if they couldn't do it in six months. Councilmember Busuri said with the time since October and the work that Ms. Moermond did, enough time was given. He said the owner received the notices and attended every meeting. Council President Brendmoen said she would support Mr. Busuri's motion. Adopted as amended (remove within 15 days with no option for repair) Yea: 5- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Jalali Nelson and Councilmember Busuri Nay: 2- Councilmember Noecker and Councilmember Prince City of Saint Paul Page 10 City Council Minutes - Final February 27, 2019 37 RLH VBR 19-5 Appeal of Zoltan Pusenyak to a Vacant Building Registration Notice at 1024 MINNEHAHA AVENUE EAST. Legislative Hearing Officer Marcia Moermond said this was a no-show Legislative Hearing on February 5. She said the Certificate of Occupancy was revoked on November 28, effective December 12 and a vacant building file was opened January 7. She said the Legislative Hearing date was pushed out further than usual at the owner's request due to travel plans, and in that case no other rescheduling was offered. She said Ramsey County Veterans Services had contacted her and had an interest because a veteran was in residence. She said she didn't know whether he was still living there, but she was concerned that the owner hadn't resolved the issue that the building was to have been vacated in mid-December. She said her recommendation without anyone present at the Legislative Hearing was to waive the vacant building fee for 90 days and allow until March 1 for the Certificate of Occupancy to be reinstated. She said the appellant was present asking for more time. Property owner Zoltan Pusenyak said he would like an extension for compliance. He said there were permits that had been open for a long time, and some were accepted by the inspector but not all. He said the inspector was coming on Friday at 11:00 to check dryer vent, and he needed to schedule the Certificate of Occupancy inspection. Council President Brendmoen said it sounded like most of the work had been completed, and Mr. Pusenyak just needed permits signed off. Ms. Moermond said there was an open plumbing permit which was pulled on October 16, 2018. She said a building permit was pulled in September and closed, with a building warning and double fee. She said it looked like the plumbing permit was the key item. Council President Brendmoen asked how much time was needed to schedule a Certificate of Occupancy inspection. Ms. Moermond said if the property was in the Legislative Hearing process an inspection could be scheduled within a week; otherwise it could be two or three. Mr. Pusenyak said he had a company taking care of the house, but somehow it had been going on for six months or more. He said he had paid $10,000 for the repairs, and the permits still needed to be closed. He said communication has been slow because notices were sent to the management company. Council President Brendmoen asked Mr. Pusenyak to make sure he was listed in Ramsey County property records. Council President Brendmoen said she would accept Ms. Moermond's recommendation but extend the time to March 15; she asked whether two weeks seemed reasonable. Mr. Pusenyak said it did. Council President Brendmoen said there had been a lot of investment in that neighborhood and she wanted Mr. Pusenyak to be a contributing part of the community. She said she would talk to him after the hearing about their small rental rehab loan to help get things on track. Council President Brendmoen moved to close the public hearing. Yeas - 7 Nays - 0 Council President Brendmoen moved to grant an extension to March 15 to have the Certificate of Occupancy reinstated. Adopted as amended (extension granted) City of Saint Paul Page 11 City Council Minutes - Final February 27, 2019 Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 38 RLH FCO 19-7 Appeal of John S. Jagiela to a Fire Inspection Correction Notice at 134 MONTROSE PLACE. Legislative Hearing Officer Marcia Moermond said the issue was a washing machine plugged into a power strip, which was called out in the inspection. She said two options for addressing it were to move the power supply or, as the owner was proposing, change out the cord on the washing machine for a longer one. She said that was a building code matter and not something she would make a recommendation on or would go before the Council. She said she had involved the senior electrical inspector, and her recommendation for the Council had to do with the length of time granted. She said her recommendation at the January 22 Legislative Hearing was to grant until March 1. She said she believed the senior electrical inspector was working with the appellant, and what the appellant was looking for was more time. She said the nitty gritty of the electrical situation was not before the Council. Councilmember Jalali Nelson asked what happened if the Council granted an extension and there was not compliance. Ms. Moermond said the Department of Safety and Inspections would take enforcement action. Property owner John Jagiela said the washing machine was plugged into an extension cord for 20 years. He said it was a Kenmore washing machine, and he called Sears, and they said they made an optional 10-foot cord. He said the electrical inspector was asking for documentation that the 10-foot cord was approved by the manufacturer. He said Sears guaranteed, on their website and in the information sent to him, that all parts were manufacturer approved. He said he felt it was unreasonable for him to track down and get a letter from the manufacturer, even though Sears said it was manufacturer-approved. Sear wouldn't say that if it wasn't the case, because it would create huge liability for them. Councilmember Jalali Nelson asked Ms. Moermond to clarify her recommendation. Ms. Moermond said her recommendation was to grant to March 1; she said it sounded like that hadn't been a resolution and the Council might be interested in granting a little more time. She said an appeal of an electrical code requirement would go through the building official, and what was before the Council were the Fire Certificate of Occupancy orders, and the action they could take was to grant an extension for compliance. Council President Brendmoen suggested granting 30 days and working with Mr. Jagiela on navigate the building code piece. Councilmember Jalali Nelson moved to extend the deadline to April 1. Adopted as amended (extension granted) Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 City of Saint Paul Page 12 City Council Minutes - Final February 27, 2019 LEGISLATIVE HEARING CONSENT AGENDA Items listed under the Consent Agenda will receive a combined public hearing and be enacted by one motion with no separate discussion. Items may be removed from the Consent Agenda for a separate public hearing and discussion if desired. Approval of the Consent Agenda (Items 31 - 40) Legislative Hearing Consent Agenda adopted as amended Yea: 7- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Noecker, Councilmember Prince, Councilmember Jalali Nelson and Councilmember Busuri Nay: 0 31 RLH SAO 19-9 Appeal of Anthony McGibbon to a Vehicle Abatement Order at 1237 ASHLAND AVENUE. Adopted 32 RLH VBR 19-8 Appeal of Abraham Resendiz Rubio to a Vacant Building Registration Renewal Notice at 622 BUSH AVENUE. Adopted 33 RLH SAO 19-10 Appeal of Steven Jansen to a Correction Notice and Vehicle Abatement Order at 1030 CASE AVENUE. Adopted 34 RLH VBR 19-6 Appeal of Gwynne Evans to a Vacant Building Registration Notice at 455 GRAND AVENUE. Adopted 35 RLH RR 18-50 Ordering the rehabilitation or razing and removal of the structures at 2059 IDAHO AVENUE EAST within fifteen (15) days after the January 2, 2019 City Council public hearing. (Public hearing continued from January 2) (Amend to grant 180 days) Adopted as amended (180 days to repair or remove) 39 RLH VBR 19-9 Appeal of Jane Barnstable Jones to a Vacant Building Registration Fee Warning Letter at 874 RAYMOND AVENUE. Adopted 40 RLH VBR 19-7 Appeal of Davi Yang to a Vacant Building Registration Renewal Notice at 1614 SIXTH STREET EAST. Adopted City of Saint Paul Page 13 City Council Minutes - Final February 27, 2019 ADJOURNMENT The meeting was adjourned at 4:33 p.m. Meeting adjourned 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 14

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 Kassim Busuri Councilmember Mitra Jalali Nelson Councilmember Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, February 27, 2019 3:30 PM Council Chambers - 3rd Floor ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 AO 19-5 Amending the 2019 Capital Improvement Budget to allocate funding for Green Energy Loan Program to the appropriate department projects. Attachments: AO 19-5 - Financial Analysis.02052019 2 AO 19-9 Amending CDBG activities budgets. Attachments: Attachment A CDBG AO 19-9.pdf 3 AO 19-10 Amending CDBG activity budget: funding for 605 Stryker. Attachments: Attachment A CDBG AO 19-10.pdf CONSENT AGENDA Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 4 RES 19-234 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Western Avenue. (File No. MO1804, Assessment No. 185502) Sponsors: Thao Attachments: Report of Completion Assessment Roll City of Saint Paul Page 1 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 5 RES 19-235 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Stryker Avenue. (File No. MO1805, Assessment No. 185503) Sponsors: Noecker Attachments: Report of Completion Assessment Roll 6 RES 19-237 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Victoria Street. (File No. MO1807, Assessment No. 185505) Sponsors: Noecker Attachments: Report of Completion Assessment Roll 7 RES 19-20 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for a storm sewer stub at 2220 Jefferson Avenue installed within the right-of-way as part of the Woodlawn/Jefferson area paving and lighting project. (File No. 19208CST, Assessment No. 196004) Sponsors: Tolbert Attachments: Report of Completion Assessment Roll 8 RES 19-22 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Woodlawn/Jefferson area paving and lighting project. (File No. 19208C, Assessment No. 196002) Sponsors: Tolbert Attachments: Report of Completion Assessment Roll 9 RES 19-18 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Como Avenue from Commonwealth to Eustis area paving and lighting project. (File No. 19205C, Assessment No. 196003) Sponsors: Jalali Nelson Attachments: Report of Completion Assessment Roll City of Saint Paul Page 2 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 10 RES 19-232 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Franklin Avenue. (File No. MO1801, Assessment No. 185500) Sponsors: Jalali Nelson Attachments: Report of Completion Assessment Roll 11 RES 19-239 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Prior Avenue. (File No. MO1810, Assessment No. 185506) Sponsors: Jalali Nelson Attachments: Report of Completion Assessment Roll 12 RES 19-58 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for replacement of sanitary sewer services within the right-of-way as part of the Wheelock Parkway from Danforth to Western paving and lighting project. (File No. 19230C, Assessment No. 196001) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll 13 RES 19-231 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Sealcoating Street and/or Alley. (File No. 185600, Assessment No. 185600) Sponsors: Brendmoen Attachments: Report of Completion 185600 Assessment Roll 14 RES 19-233 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Arlington Avenue. (File No. MO1802, Assessment No. 185501) Sponsors: Brendmoen Attachments: Report of Completion Assessment Roll City of Saint Paul Page 3 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 15 RES 19-236 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Forest Street. (File No. MO1806, Assessment No. 185504) Sponsors: Busuri Attachments: Report of Completion Assessment Roll 16 RES 19-238 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Wilson Avenue. (File No. MO1809, Assessment No. 185508) Sponsors: Prince Attachments: Report of Completion Assessment Roll 17 RES 19-240 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for the 2018 Street Maintenance Service Program - Mill and Overlay: Third Street. (File No. MO1811, Assessment No. 185507) Sponsors: Prince Attachments: Report of Completion Assessment Roll 18 RES 19-212 Acknowledging a public purpose for the Annual City Employee Cookout and granting permission to the City Employee Committee to spend City funds and to solicit for and accept donations on behalf of the City to defray the costs of the cookout to be held on Tuesday, August 20, 2019. Sponsors: Brendmoen Attachments: 2019 Employee Cookout Financial Analysis City Charter Sections 1.03 and 1.04 SPLC Sections 41.03 and 41.04 - Donations City of Saint Paul Page 4 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 19 RES 19-295 Approving the Labor Agreements between the Independent School District 625 and District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO (7/1/2017- 6/30/2019); Professional Employees Association (1/1/2018 - 12/31/2019); Local Union 844 District Council 5 of the American Federation of State, County and Municipal Employees, AFL-CIO representing Clerical and Technical Employees (7/1/2018 - 6/30/2020); and the 2018-2019 Memorandum of Agreement for the United Association of Plumbers, Local Union No 34 wage and fringe adjustment. (To be laid over one week for adoption) Sponsors: Brendmoen Attachments: 2017-2019 ISD 625 Machinists Labor Agreement 2017-2019 ISD 625 Machinists Summary 2018-2019 ISD 625 PEA Labor Agreement 2018-2019 ISD 625 PEA Summary 2018-2020 ISD 625 AFSCME Clerical Technical Labor Agreement 2018-2020 ISD 625 AFSCME Clerical Technical Summary 2018-2019 ISD 625 Plumbers MOA Wage and Fringe 2018-2019 ISD 625 Plumbers MOA Summary 20 RES 19-331 Changing the rates of pay for the classification of DSI Trainee in Grade 003 of EG 99, Special Employment Salary Schedule. (To be laid over one week for adoption). Sponsors: Brendmoen Attachments: DSI Trainee Financial Analysis 2-2019 21 RES 19-332 Establishing the rate of pay for the new classification of City Council Executive Assistant I in Grade 031, of EG 01, AFSCME Clerical. (To be laid over one week for adoption) Sponsors: Brendmoen Attachments: C Council EA-I Financial Analysis 2-2019 22 RES 19-342 Approving the execution of the Joint Powers Agreement for Immigrant and Refugee Services. Sponsors: Brendmoen Attachments: RAMSEY_CTY_ATTY-#236015-v1-revisions_to_JPA_re_City_County_Immigrant_defense_serv FOR DISCUSSION 23 RES 19-328 Approving the Mayor's appointment of Rick Schute to serve as Emergency Management Director. Sponsors: Brendmoen City of Saint Paul Page 5 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 24 RES 19-330 Approving the appointment of John McCarthy as Interim Director of the Office of Financial Services. Sponsors: Brendmoen 25 RLH TA Ratifying the Appealed Special Tax Assessment for property at 647 19-10 CENTRAL AVENUE WEST. (File No. VB1905, Assessment No. 198804) (To be amended) Sponsors: Thao Attachments: 647 Central Ave.Email.1-16-19 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 26 Ord 19-4 Granting the application of Marshall Group LLC to rezone property at 1819 Marshall Avenue from T1 traditional neighborhood to T2 traditional neighborhood, and amending Chapter 60 of the Legislative Code pertaining to the zoning map. Sponsors: Jalali Nelson Attachments: PC Resolution 19-01 Planning Commission Action Minutes011119 Planning Commission Minutes Zoning Committee Minutes Staff Report, Attachments, Comments Received Legal Ledger Notice Public Hearing Notice Comment rec'd by Council 27 Ord 19-5 Changing one block of Roy Street between Shields Avenue and Spruce Tree Avenue from a one way street northbound to a two way street in accordance with Chapter 147 of the Legislative Code. Sponsors: Jalali Nelson Attachments: Roy Street Converstion UPDC Roy One Way Ord Change Map Midway Chamber Letter City of Saint Paul Page 6 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 Second Reading 28 Ord 19-14 Amending Chapter 409 of the Saint Paul Legislative Code establishing additional criteria for applicants to the charitable gambling eligible recipients list established under Section 409.235. Sponsors: Noecker and Prince SUSPENSION ITEMS RES 19-381 Honoring Betsy Frederick for her persistence and fortitude in sticking with downtown Saint Paul these many years, and declaring February 28, 2019 to be Betsy Frederick Day. Sponsors: Noecker and Prince PUBLIC HEARINGS 29 RES PH Approving the application of Burger Moe’s for a sound level variance to 19-47 present amplified music for St. Patrick’s Day events on Saturday, March 16, 2019 at 242 7th Street West. Sponsors: Noecker Attachments: Application ENS Map Notice to Owners Owners List Letter to Applicant 30 RES PH Approving the application of Shamrock’s Irish Nook for a sound level 19-57 variance to present live amplified music in an enclosed tent on Saturday, March 16 and Sunday, March 17, 2019 at 995 7th Street West. Sponsors: Noecker Attachments: Application ENS Map Notice to Owners Owners List Letter to Applicant Zimmerman email re Shamrocks SLV City of Saint Paul Page 7 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 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. 31 RLH SAO Appeal of Anthony McGibbon to a Vehicle Abatement Order at 1237 19-9 ASHLAND AVENUE. Sponsors: Thao Attachments: 1237 Ashland Ave.appeal.2-1-19 2037 Ashland Ave.Aerial Map 2017 1237 Ashland Ave.Photo.2-7-19.pdf 1237 Ashland Ave.Owner Photos.2-12-19.pdf 1237 Ashland Ave.McGibbon Ltr.2-14-19.doc 32 RLH VBR Appeal of Abraham Resendiz Rubio to a Vacant Building Registration 19-8 Renewal Notice at 622 BUSH AVENUE. Sponsors: Busuri Attachments: 622 Bush Ave.appeal.1-16-19 622 Bush Ave.Photos.1-30-18 622 Bush Ave.Rubio Ltr.1-24-19.doc 622 Bush-University Language Center-Translated work.pdf 33 RLH SAO Appeal of Steven Jansen to a Correction Notice and Vehicle Abatement 19-10 Order at 1030 CASE AVENUE. Sponsors: Busuri Attachments: 1030 Case Ave.appeal.2-01-19 1030 Case Ave.photos.1-25-19 1030 Case Ave.Aerial Map 2017 1030 Case Ave.Diagram of Back Yard.2-12-19.pdf 1030 Case Ave.Jansen Ltr.2-14-19.doc City of Saint Paul Page 8 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 34 RLH VBR Appeal of Gwynne Evans to a Vacant Building Registration Notice at 455 19-6 GRAND AVENUE. Sponsors: Noecker Attachments: 455 Grand Ave.appeal.1-16-19 455 Grand Ave.Photos.1-3-19 455 Grand Ave.Condemnation Notice.1-3-19.pdf 455 Grand Ave.Photos Doc 1.1-17-19 455 Grand Ave.Photos Doc 2.1-17-19 455 Grand Ave.City Photo with Notes #1.1-17-19.pdf 455 Grand Ave.City Photo with Notes #2.1-17-19.pdf 455 Grand Ave.Photos Doc 3.1-17-19 455 Grand Ave.City Photo with Notes #3.1-17-19.pdf 455 Grand Ave.Evans Ltr.1-24-19.doc City of Saint Paul Page 9 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 35 RLH RR Ordering the rehabilitation or razing and removal of the structures at 2059 18-50 IDAHO AVENUE EAST within fifteen (15) days after the January 2, 2019 City Council public hearing. (Public hearing continued from January 2) (Amend to grant 180 days) Sponsors: Busuri Attachments: 2059 Idaho Ave E.OTA 8-31-18 2059 Idaho Ave E.PH 10-26-18 2059 Idaho Ave E.SHPO Form 9-11-18 2059 Idaho Ave E.Photos 1-29-16 2059 Idaho Ave E.Photos Doc 1.8-28-18 2059 Idaho Ave E.Photos Doc 2.8-28-18 2059 Idaho Ave E.Photos.7-11-18 2059 Idaho Ave E.Condemnation & Order to Vacate.1-28-16 2059 Idaho Ave E.Photos.1-28-16 2059 Idaho Ave E.Hanson RR Ltr.11-29-18.doc 2059 Idaho Ave E.Hanson RR Ltr.12-28-18.doc 2059 Idaho Ave E.Letter from Wilford Geske.1-15-19.pdf 2059 Idaho Ave E.Purchase Agreement.1-29-19.pdf 2059 Idaho Ave E.Mechanical Bid.1-23-19.pdf 2059 Idaho Ave E.Electric Bid.1-18-19.pdf 2059 Idaho Ave E.Plumbing Bid.1-28-19.pdf 2059 Idaho Ave E.Hanson RR Ltr.1-30-19.doc 2059 Idaho Ave E.CCI Report.2-4-19.pdf 2059 Idaho Ave E.chain emails.2-5-19.pdf 2059 Idaho Ave E.1st Choice Builders LLC letter.2-11-19.pdf 2059 Idaho Ave E.US Bank statement.2-8-19.pdf 2059 Idaho Ave E.Hanson-Koss RR Ltr.2-14-19.doc 2059 Idaho Ave.Construction Contract.2-20-19.pdf 2059 Idaho Ave.Schedule.2-20-19.pdf 2059 Idaho Ave.Receipt-Hanson 2.19.19.pdf 2059 Idaho Ave.Budget Summary.2-20-19.pdf 2059 Idaho Avenue.Plumbing Bid.2-20-19.pdf 2059 Idaho Ave E.St Paul MN Electrical Bid.2-18-19.pdf 2059 Idaho Ave E.HVAC Bid.2-20-19.pdf 2059 Idaho Check Payment_Redacted City of Saint Paul Page 10 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 36 RLH RR 19-4 Ordering the rehabilitation or razing and removal of the structures at 888 MARYLAND AVENUE EAST within fifteen (15) days after the February 27, 2019, City Council public hearing. (Amend to remove within 15 days with no option for repair) Sponsors: Busuri Attachments: 888 Maryland Ave E.OTA 10-17-18 888 Maryland Ave E.PH 1-4-19 888 Maryland Ave E.PH 1-9-19 888 Maryland Ave E.Team Inspection Report 12-20-18 888 Maryland Ave E.SHPO Form 10-19-18 888 Maryland Ave E.Photos.9-28-18 888 Maryland Ave E.Photos.5-6-16 888 Maryland Ave E.Buy-Sell Agreement.pdf 888 Maryland Ave E.Signed letters.9-27-17.pdf 888 Maryland Ave E.Prop_Own_Corp_Docs_SMHInc.pdf 888 Maryland Ave E.Lease Agreeement.pdf 888 Maryland Ave E.Guaranty.pdf 888 Maryland Ave E.Contest of Authority.pdf 888 Maryland Ave E.R-R Ltr.1-30-19.doc 888 Maryland Ave E.R-R Ltr.2-8-19 888 Maryland Ave E.chain emails.2-25-19.pdf 888 Maryland Ave E.Feb 8 to Strand (with site plan).2-26-19.pdf 888 Maryland Ave E.Feb 8 reply from Strand (with lease).2-26-19.pdf 888 Maryland Ave E.Feb 8 lease inquiries.pdf 888 Maryland Ave E.Nov 2018 payments.pdf 888 Maryland Ave E.Paid Invoices.pdf 888 Maryland Ave E.ORC Roofing bid.01.23.2019.pdf 888 Maryland Ave.A&M Market LLC.01.28.2019.pdf 888 Maryland Ave E.Affidavit Regarding Bank Account.pdf 888 Maryland Ave E.Contract for Deed.12-9-16 City of Saint Paul Page 11 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 37 RLH VBR Appeal of Zoltan Pusenyak to a Vacant Building Registration Notice at 19-5 1024 MINNEHAHA AVENUE EAST. Sponsors: Brendmoen Attachments: 1024 Minnehaha Ave E.appeal.1-8-19 1024 Minnehaha Ave E.Photos.1-4-19 1024 Minnehaha Ave E.Fire C of O Revocation.11-28-18 1024 Minnehaha Ave E.Photos.9-21-18 1024 Minnehaha Ave E.Pusenyak Ltr.2-7-19.doc 1024 Minnehaha Ave E.Pusenyak Revised Ltr.2-13-19.doc 38 RLH FCO Appeal of John S. Jagiela to a Fire Inspection Correction Notice at 134 19-7 MONTROSE PLACE. Sponsors: Jalali Nelson Attachments: 134 Montrose Place.appeal.1-3-19 134 Montrose Place.photo.12-26-18 134 Montrose Pl.Jagiela Ltr.1-18-19.doc 134 Montrose Pl.Jagiela Revised Ltr.1-18-19.doc 134 Montrose Pl.Jagiela-Moynihan Email.1-22-19 134 Montrose Pl.Jagiela Ltr.1-24-19.doc 39 RLH VBR Appeal of Jane Barnstable Jones to a Vacant Building Registration Fee 19-9 Warning Letter at 874 RAYMOND AVENUE. Sponsors: Jalali Nelson Attachments: 874 Raymond Ave.appeal.1-18-19 874 Raymond Ave.Code Compliance Insp.9-4-18 874 Raymond Ave.Jones Ltr.1-24-19.doc 40 RLH VBR Appeal of Davi Yang to a Vacant Building Registration Renewal Notice at 19-7 1614 SIXTH STREET EAST. Sponsors: Prince Attachments: 1614 Sixth St E.appeal.1-16-19 1614 Sixth St E.CCI Report.5-1-18.pdf 1614 Sixth St E.Yang Ltr.1-24-19.doc ADJOURNMENT City of Saint Paul Page 12 Printed on 2/27/2019 City Council Meeting Agenda February 27, 2019 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 13 Printed on 2/27/2019