City Council
Regular MeetingSt. Paul, MN · February 27, 2019
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
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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