City Council - July 19, 2023   7/19/2023

ROLL CALL

COMMUNICATIONS & RECEIVE/FILE

1. Amending CDBG Project Budgets: funding for 833 University project.

• AO 23-71 Financial Analysis CDBG (833 University)

2. Amending CDBG Project Budgets: funding for 1048 Payne Ave (Payne Oriental Market), a project selected by CDBG subgrantee ESNDC for their Business Investment Fund (BIF) program.

• AO 23-73 Financial Analysis CDBG (ESNDC)

3. Authorizing the Police Department to reallocate its 2023 Special Fund budget to reflect expenditures more accurately.

• AO 23-74 2021 HIDTA Reprograming

4. Authorizing the Police Department to reallocate its 2023 Special Fund budget to reflect expenditures more accurately.

• AO 23-75 2022 HIDTA Reprograming

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

5. Approving the City’s cost of providing Property Clean Up services during May 12 to 30, 2023, and setting date of Legislative Hearing for August 15, 2023 and City Council public hearing for September 27, 2023 to consider and levy the assessments against individual properties. (File No. J2326A, Assessment No. 238534)

• Report of Completion J2326A.238534
• Assessment Roll J2326A.238534

• Passed 7-0-0 Adopted

6. Approving the City’s cost of providing Equipment and Labor for Clean up services from January and May 2023, and setting date of Legislative Hearing for August 15, 2023 and City Council public hearing for September 27, 2023 to consider and levy the assessments against individual properties. (File No. J2328A, Assessment No. 238537)

• Report of Completion J2328A.238537
• Assessment Roll J2328A.238537

• Passed 7-0-0 Adopted

7. Approving the City’s cost of providing Tree Removal service from January 2023, and setting date of Legislative Hearing for August 15, 2023 and City Council public hearing for September 27, 2023 to consider and levy the assessments against individual properties. (File No. J2329A, Assessment No. 238538)

• Report of Completion J2329A.238538
• Assessment Roll J2329A.238538

• Passed 7-0-0 Adopted

8. Approving the Second Hand Dealer-Motor Vehicle and Auto Repair Garage licenses for Metro Auto Deals, LLC d/b/a Metro Auto Deals, LLC (License ID 20230000909) for the premises located at 1566 Rice Street.

• Class N License Application
• License Application Notification
• District Council support email dated 5-19-2023
• License condition affidavit

• Passed 7-0-0 Adopted

9. Authorizing agreement between the City and Dakota County Technical College (MnSCU) for the Police Department’s use of the Public Safety Building Classroom A & Driver Training Facility.

• RES 23-1036 Dakota County Classroom & Track to 6.30.24

• Passed 7-0-0 Adopted

10. Approving the settlement agreement and release between the City and Loretta Garrett.

• Settlement Agreement and Release of Claims Sat 01 Jul 2023
• Administrative Code 3.02
• Garrett

• Passed 7-0-0 Adopted

11. Accepting the gift of travel, lodging, and conference registration expenses from Local Progress for Councilmember Mitra Jalali to attend the 2023 Local Progress National Convening.

• Passed 7-0-0 Adopted

12. Authorizing the Fire Department to apply for a $32,112.50 grant through the Fire House Subs Public Safety Foundation for the purchase of fire hydrant valves.

• Passed 7-0-0 Adopted

13. Authorizing the City’s Office of Neighborhood Safety to apply for $50,000 grant funding from the Saint Paul and Minnesota Foundation to support its Project PEACE and St. Paul Public Schools Summer Schools Initiative.

• Passed 7-0-0 Adopted

14. Approving the Mayor’s appointment of Christian Schweitzer to a three-year term on the Board of Zoning Appeals.

• Passed 7-0-0 Adopted

15. Approving the Mayor’s reappointments of Marj Ebensteiner, Thomas Eckstein, Dawn Selle, Imogene Treichel, and Ron Weisman to a two-year term?on?the?Advisory?Committee?on?Aging.

• Passed 7-0-0 Adopted

16. Approving the Mayor’s reappointment of Karen Reid to a two-year term on the Lower Mississippi River Watershed Management Organization.

• Passed 7-0-0 Adopted

17. Approving the Mayor’s appointments of Ibrahim Ahmed, Meegan Hall, Ta’Mara Hill, Robert Brian Jackson, Antonio Elias and reappointment of James Thayer to the Human Rights and Equal Economic Opportunity Commission.

• Passed 7-0-0 Adopted

18. Approving the Mayor's appointments of William O'Brien, Demetrius Shaw, Carl Johnson, and Robert Brian Jackson as members of the Capital Improvement Budget Committee.

• Passed 7-0-0 Adopted

19. Approving the Labor Agreement (January 1, 2023 - December 31, 2025) and Memorandums of Agreement between the City and the Saint Paul Manual & Maintenance Supervisors Association.

• 2025 Manual & Maintenance Supvr Assn Labor Agreement
• MOA MMSA Forestry On Call Schedule
• MOA MMSA Zoo Keeper & Parks Mntnc Supvr Holiday Pay
• MOA MMSA On Call Pay SPRWS Distribution Division
• MOA MMSA Competency Based Internal Testing Process
• MOA MMSA Preferred License Premium Pay SPRWS & Public Works
• MOA MMSA Pre65 RHI Option
• 2023-2025 MMSA Summary Agreement

20. Amending RES 23-871, authorizing bridges as a use of Local Option Sales Tax revenues, to correct a drafting error.

• Passed 7-0-0 Adopted

21. Approving the Mayor’s appointment of Hannah Hills, Emmanuel Donaby, and Tahnea Brown to the Capitol Area Vitality Task Force.

• Passed 7-0-0 Adopted

22. Approving the minutes of the Saint Paul City Council meetings of May 3, 10, 17, and 24, 2023.

• Minutes 5.3.2023
• Minutes 5.10.2023
• Minutes 5.17.2023
• Minutes 5.24.2023

• Passed 7-0-0 Adopted

23. Approving the Labor Agreement (January 1, 2023 - December 31, 2025) and Memorandums of Agreement between the City and the International Union of Operating Engineers, Local 70.

• 2023-2025 Operating Engineers Local 70 Summary Agreement
• 2023-2025 Operating Engineers Local 70 License Premiums MOA
• 2023-2025 Operating Engineers Local 70 Labor Agreement
• 2023-2025 Operating Engineers Local 70 Training Fund MOA

• Passed 7-0-0 Adopted

24. Approving the Memorandum of Agreement between the City and the Saint Paul Supervisors Organization for the purpose of providing Paid Parental Leave for eligible employees.

• Saint Paul Supervisors Organization MOA Paid Parental Leave

• Passed 7-0-0 Adopted

FOR DISCUSSION

25. Ordering a special election to be held on November 5, 2024 to add a ballot question on whether the City should create a dedicated fund for subsidies for children's early care and education through a property tax levy. (This item was vetoed by the Mayor on July 27, 2023 and over-ridden on August 16, 2023.)

• ISAIAH public comment
• Clare Sanford public comment
• Maria Snider public comment
• SPFE public comment
• Christopher Taykalo public comment
• Michael-Jon Pease public comment
• Brock Nelson public comment
• Martha Higuera public comment
• Shelly Fine public comment
• Tiffany Scott Knox public comment
• Saint Paul Children's Collaborative public comment
• Doug Michaelson public comment
• Alfreda Flowers public comment
• Habon Abdulle public comment
• Shelly Fine public comment
• Peter Ries public comment
• Ann Mongoven public comment
• Drew Johnson public comment
• Deb Avenido public comment
• St Paul Chamber public comment
• 20230727_VETO LETTER
• RES 23-1094 Ward 2 Public Comments

• Passed 5-2-0 Adopted

26. Approving the application of Wabasha Brewing Co for a sound level variance in order to present amplified sound on Saturdays, July 22, July 29, August 5, August 12 and August 19, 2023 at 429 Wabasha Street South. (Public hearing closed and laid over from July 12, 2023)

• Application
• ENS
• Map
• Notice to Owner
• Owners List
• Letter to Applicant
• Kottke/Nelson public comment
• Kukowski/Gammon public comment
• Stewart-Finkenstaedt public comment
• Teehan public comment
• Heutmaker public comment

• Passed 7-0-0 Adopted As Amended

27. Directing the Department of Safety and Inspections as to how to proceed with the request of Licensee, Majid Nitaishoon, doing business as MJ Market, to surrender the Tobacco Shop License (License ID # 20210001131), for the premises located at 922 Thomas Avenue West. (Licensee's attorney will speak on behalf of the licensee and Licensee may wish to address the City Council) (Laid over from July 19, 2023)

• Notice of Council Hearing
• Uncontested License Matter Coversheet
• Exhibit 1
• Exhibit 2
• Exhibit 3
• Exhibit 4
• Exhibit 5
• Exhibit 6
• MJ Market Exhibit 7
• Exhibit 8
• Exhibit 9
• 10
• Letter to ALJ Moesing cancelling admin hearing with attached email from Craig Beuning dated June 20th 2023
• MJ Market -Exhibit #11
• 12
• MJ Market Exhibit -13
• MJ Market -Exhibit #14

• Passed 7-0-0 Laid Over

28. Approving the ballot question title and language to be presented to the voters and directing the appropriate officials to take all necessary steps to place the ballot question on the November 7, 2023 general election ballot.

• Peter Butler public comment
• St Paul Chamber public comment

• Passed 6-1-0 Adopted

ORDINANCES An ordinance is a city law enacted by the City Council. It is read at three separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Pioneer Press. Public hearings on ordinances are generally held at the second reading.

Emergency Ordinance An emergency ordinance is read at only one council meeting and needs seven votes to pass. The public hearing will take place during this reading. It becomes effective on the day of publication in the Saint Paul Pioneer Press.

29. Approving an emergency ordinance schedule of penalties for non-compliance of outdoor watering restrictions. (Emergency ordinances only require one reading for a final vote to be taken.)

• DNR Drought Plan Matrix
• Drought Report Council

• Passed 7-0-0 Adopted

Final Adoption

30. Amending the Ford Site (Highland Bridge) Zoning and Public Realm Master Plan to accommodate a proposed project by the University of Saint Thomas.

• 2023_05_26_HB_ PC Resolution_Approval
• 2023_05_26_HB_ PC Resolution_Denial
• Planning Commission Minutes 5-26-23
• Major Amend Memo_UST2023_PC2-PostPH_Final_Combined (1)
• 15.99 Waiver Letter (1)
• HDC Planning Commission Recommendation Highland Bridge Master Plan
• June 22 public comments
• June 26 public comment
• June 27 public comment

• Passed 7-0-0 Amended and Laid Over for Final Adoption

31. Amending Legislative Code Chapter 63 pertaining to off-street parking facility standards and design.

• Parking Landscaping Study_Resolution_Int
• Parking Landscaping Study_Resolution_Approve
• Planning Commission Minutes 5-26-23
• Parking Landscaping Study_Memo

• Passed 7-0-0 Laid Over to Final Adoption

First Reading

32. Granting the application of NP328 LLC to rezone the property at 898 Raymond Avenue from RM2 multiple-family residential to T2 traditional neighborhood and amending Chapter 60 of the Legislative Code pertaining to the zoning map.

• Planning Commission Resolution
• Zoning Committee Minutes
• Zoning Committee Results
• Zoning Committee Testimony
• Zoning Committee Staff Report

PUBLIC HEARINGS Live testimony is limited to two minutes for each person. See below for optional ways to testify.

33. Amending Chapter 142 of the Legislative Code (Title XII) pertaining to a special service district in downtown. (Public hearing continued from July 19, 2023 for Final Adoption)

• SPDID Enlargement Petitions
• updated 7/21/23
• Hosko handout
• Cossetta's Oposition Letter

• Passed 7-0-0 Laid Over to Second Reading

34. Approving an extension of an interim ordinance requesting a Planning Commission study to undertake a zoning study of non-conventional residential housing unit products.

• Passed 7-0-0 Laid Over to Final Adoption

35. Final Order approving the Grand/Snelling parking lot operation and maintenance costs for 2024 (File No. 18746-23, Assessment No. 237202).

• Assessment Roll

• Passed 7-0-0 Adopted

36. Amending the financing and spending plan in the Department of Parks and Recreation in the amount of $4,000,000 from a US Department of Housing Urban Development (“HUD”) grant for the North End Community Center (“NECC”) project.

• NECC HUD Grant Bud Amd $4M

• Passed 7-0-0 Adopted

37. Amending the financing and spending plans in the Department of Public Works Capital Budget for the 2018, 2019, 2020 and 2021 Sidewalk Projects.

• RES PH 23-180 Sidewalk Projects

• Passed 7-0-0 Adopted

38. Amending the financing and spending plans in the Department of Public Works Capital Budget for the Minnesota Street Phase 1 Project.

• RES PH 23-181 Minnesota

• Passed 7-0-0 Adopted

39. Adopting the 2024 Operating Plan for the Downtown Improvement District and imposing a service charge pursuant to Minnesota Statutes Chapter 428A. (Public hearing closed. Laid over from August 16, 2023)

• REVISED 2024 SPDID Operating Plan
• REVISED 2024 Service Charge Calculation Summary
• Assessment Roll
• updated 7/21/23
• Hosko handout
• Cossetta's Oposition Letter
• Lowry Building LLC Objection to Special Service Charge
• Alliance Center LLC Objection to Special Service District Charge
• Seventh Place Apartments LLC Objection to Special Service District Charges

• Passed 7-0-0 Continue Public Hearing

40. Approving the application of Trilingua Cinema for a sound level variance in order to present amplified sound on July 29, 2023, August 12, 2023, and August 26, 2023 at East Side Sculpture Park - 705 Seventh Street East.

• Application
• ENS
• Map
• Notice to Owners
• Owners List
• Letter to Applicant

• Passed 7-0-0 Adopted

41. Amending the 2023 ESG general ledger budget to reflect the actual 2023 grant award of $587,737 and amending the ESG project budget to include 2023 ESG spending and financing.

• RES PH 23-187 Financial Analysis (2023 ESG Award)

• Passed 7-0-0 Adopted

42. Authorizing the Department of Parks and Recreation to amend the financing and spending plan, in the amount of $68,767.50, for the Pedro Park project.

• Pedro Park CDBG Bud Amd FS $68767.pdf

• Passed 7-0-0 Adopted

43. Authorizing the Department of Parks and Recreation to amend the financing and spending plan, in the amount of $305,000, for the West Minnehaha Recreation Center HVAC project.

• West Minnehaha HVAC CDBG FS $305K

• Passed 7-0-0 Adopted

44. Approving the application of Kristin Carver and Francisco Ramirez for a sound level variance in order to present amplified sound on July 22, 2023 at 1199 Midway Parkway - Como Midway Picnic Pavilion.

• Application
• ENS
• Map
• Notice to Owner
• Owners List
• Letter to Applicant

• Passed 7-0-0 Adopted

45. Approving the applications of the Minnesota United FC for sound level variance applications in order to present amplified sound on July 23, 2023 and on July 27, 2023 within the Street and the Beer Garden Area at Allianz Field - 400 Snelling Avenue North.

• Applications
• ENS
• Map
• Notice to Owner
• Owner's List
• Letter to Applicant

• Passed 7-0-0 Adopted

46. Amending the financing and spending plans in the Department of Parks and Recreation in the amount of $500,000 to reflect additional 2023 funding expected from Como Friends.

• Como Friends Asset Preservation Fund 2023 500K 7.5.pdf

• Passed 7-0-0 Adopted

LEGISLATIVE HEARING DISCUSSION ITEMS

48. Ordering the rehabilitation or razing and removal of the structures at 1043 BEECH STREET within fifteen (15) days after the July 19, 2023, City Council Public Hearing. (Amend to grant 180 days)

• 1043 Beech St.OTA 3-22-23
• 1043 Beech St.PH 5-12-23
• 1043 Beech St.SHPO Form 4-21-23
• 1043 Beech St.Correction Notice 5-18-21
• 1043 Beech St.Photos 5-18-21
• 1043 Beech St.Photos 3-17-23
• 1043 Beech St.Photo 3-24-23
• 1043 Beech St.Photos 5-16-23
• 1043 Beech St.Steinmaus Docs.6-8-23
• 1043 Beech St.Summary.pdf
• 1043 Beech St.LS 6-13-23.pdf
• 1043 Beech St.Steinmaus R-R Ltr.6-13-23

• Passed 7-0-0 Continue Public Hearing

56. Ratifying the Appealed Special Tax Assessment for property at 381 RAMSEY STREET (0 RAMSEY STREET). (File No. J2319A1, Assessment No. 238536)

• 0 Ramsey-381 Ramsey email chain 4-19-23.pdf
• 381 Ramsey St.SAO.9-28-22
• 381 Ramsey St.photo.9-28-22
• 381 Ramsey St.Contractor payment encampment cleanup.10-26-22
• 381 Ramsey police call log
• 381 (0) Ramsey.Zimny email.6-22-23

• Passed 7-0-0 Adopted As Amended

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

47. Ratifying the Appealed Special Tax Assessment for property at 1020 AURORA AVENUE. (File No. J2309E, Assessment No. 238311)

• 1020 Aurora Ave.Vehicle Abatement Order 11-8-22.pdf
• 1020 Aurora Ave.Photo 11-8-22.pdf
• 1020 Aurora Ave.EC Letter & Bill 11-17-22.pdf
• 1020 Aurora Ave.Photo 11-18-22.pdf
• 1020 Aurora Ave.TOW WO 8838 1-26-23.pdf
• 1020 Aurora Ave.Zimny email.7-24-23

49. Amending the previously ratified assessment to ratify the assessment for Excessive Use of Inspection or Abatement services billed during December 23, 2022 to January 19, 2023 at 399 BLAIR AVENUE. (File No. J2309E, Assessment No. 238311)

• 399 Blair Ave.CN.10-12-22
• 399 Blair Ave.photos.10-12-22
• 399 Blair Ave.EC bill.1-6-23
• 399 Blair Ave.photos.1-6-23
• 399 Blair Ave.Zimny ltr.4-26-23
• 399 Blair Ave.Zimny Ltr.4-26-23
• 399 Blair Ave Karen Ltr.5-1-23
• 399 Blair Ave Letter.8-21-23 Thai translated
• 399 Blair Ave Letter.8-21-23
• 399 Blair Ave.Aerial Map 2011-2022.pdf

50. Making finding on the appealed nuisance abatement ordered for 643 EARL STREET in Council File RLH SAO 23-3.

• 643 Earl Street.Humes Ltr.1-6-23.pdf
• 643 Earl St.Photo 7-19-23.pdf
• 643 Earl St.email chain 7-19-23.pdf

51. Ratifying the Appealed Special Tax Assessment for property at 1093 EUCLID STREET. (File No. VB2309, Assessment No. 238811)

• 1093 Euclid St.VB Reg & Warning Letters.pdf
• 1093 Euclid St.Condemnation Letter 11-3-22.pdf
• 1093 Euclid St.Zimny email.6-21-23

• Passed 7-0-0 Adopted

52. Appeal of Jahanshir Zadmehran to a Fire Inspection Correction Notice at 723 GRAND AVENUE.

• 723 Grand Ave.appeal.6-9-23.pdf

• Passed 7-0-0 Adopted

53. Ordering the rehabilitation or razing and removal of the structures at 1862 IVY AVENUE EAST within fifteen (15) days after the July 19, 2023, City Council Public Hearing. (Amend to grant 180 days)

• 1862 Ivy Ave E.OTA 4-12-23
• 1862 Ivy Ave E.PH 5-12-23
• 1862 Ivy Ave E.SPHO Form 5-2-23
• 1862 Ivy Ave E.Photos 3-30-23
• 1862 Ivy Ave E.Photo 4-14-23
• 1862 Ivy Ave E.Photo 5-16-23
• 1862 Ivy Ave E.Steinmaus Docs 6-6-23
• 1862 Ivy Ave E.Summary.pdf
• 1862 Ivy Ave E.LS 6-13-23.pdf
• 1862 Ivy Ave E.Steinmaus R-R Ltr.6-16-23
• 1862 Ivy Ave E.Code Compliance Report 6-28-23.pdf
• 1862 Ivy Ave E.Steinmaus Packet 7-12-23.pdf
• 1862 Ivy Ave E.Steinmaus R-R Ltr.7-14-23

54. Ratifying the Appealed Special Tax Assessment for property at 1541 and 1543 JACKSON STREET. (File No. J2309E1, Assessment No. 238325) (Amend to delete)

• 1541 Jackson St.SA & Photo 12-20-22.pdf
• 1541 Jackson St.Photo 12-28-22.pdf
• 1541 Jackson St.PA EC Letter and Bill 1-11-23.pdf

55. Ratifying the Appealed Special Tax Assessment for property at 340 LAWSON AVENUE EAST. (File No. J2309E, Assessment No. 238311)

• 340 Lawson Ave E.CN.6-1-22
• 340 Lawson Ave E.photos.6-1-22
• 340 Lawson Ave E.EC 1710910.12-29-22
• 340 Lawson Ave E.EC 1713727.1-12-23
• 340 Lawson Ave E.Form 4 5-31-22.pdf
• 340 Lawson Ave E.Vang Her Ltr.6-8-23
• 340 Lawson Ave E.Zimny Ka email chain.8-7-23

57. Deleting the Appealed Special Tax Assessment for property at 733 THOMAS AVENUE. (File No. J2309E, Assessment No. 238311)

• 733 Thomas Ave.Summary Abatement Order 12-9-23.pdf
• 733 Thomas Ave.PA EC Letter 12-30-22.pdf

• Passed 7-0-0 Adopted

58. Ratifying the Appealed Special Tax Assessment for property at 1738 UNIVERSITY AVENUE WEST. (File No. J2309E, Assessment No. 238311)

• 1738 University Ave W.SnowWalk Ltr 1-10-23.pdf
• 1738 University Ave W.Photo 1-13-23.pdf
• 1738 University Ave W.PA EC Letter 1-20-23.pdf

• Passed 7-0-0 Adopted

59. Ratifying the Appealed Special Tax Assessment for property at 1744 UNIVERSITY AVENUE WEST. (File No. J2309E, Assessment No. 238311)

• 1744 University Ave W.SnowWalk Ltr 1-10-23.pdf
• 1744 University Ave W.Photos 1-12-23.pdf
• 1744 University Ave W.PA EC Ltr 1-20-23.pdf

• Passed 7-0-0 Adopted

60. Ratifying the assessments for Collection of Vacant Building Registration fees billed during July 7, 2022 to January 24, 2023. (File No. VB2309, Assessment No. 238811)

• Notice Assessment Roll VB2309.238811

• Passed 7-0-0 Adopted

61. Ratifying the assessments for Securing and/or Emergency Boarding services during February 2023. (File No. J2309B, Assessment No. 238109)

• Notice Assessment Roll J2309B.238109

• Passed 7-0-0 Adopted

62. Ratifying the assessments for Fire Certificate of Occupancy fees billed during December 21, 2022 to January 21, 2023. (File No. CRT2308, Assessment No. 238207)

• Notice Assessment Roll CRT2308.238207

• Passed 7-0-0 Adopted

63. Ratifying the assessments for Excessive Use of Inspection or Abatement services billed during December 23, 2022 to January 19, 2023. (File No. J2309E, Assessment No. 238311)

• Notice Assessment Roll J2309E.238311

• Passed 7-0-0 Adopted

64. Ratifying the assessments for Graffiti Removal services during January 3 to 12, 2023. (File No. J2305P, Assessment No. 238404)

• Notice Assessment Roll J2305P.238404

ADJOURNMENT

City Council meetings are open for in person attendance, but the public may also comment on public hearing items in writing or via voicemail. Any comments and materials submitted by 12:00 pm of the day before the meeting will be attached to the public record and available for review by the City Council. Comments may be submitted as follows: The public may comment on public hearing items in writing or via voicemail. Any comments and materials submitted by 12:00 pm of the day before the meeting will be attached to the public record and available for review by the City Council. Comments may be submitted as follows: Written public comment on public hearing items can be submitted to Contact-Council@ci.stpaul.mn.us, CouncilHearing@ci.stpaul.mn.us, or by voicemail at 651-266-6805. Live testimony will be taken in person in the Council Chambers, and by telephone by registering to speak by noon on the day before the meeting. The registration link is located on the City Council website at www.stpaul.gov/council or https://forms.office.com/g/TD3xN7WHy5. Council Meeting Information