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City Council

Regular Meeting

St. Paul, MN · September 11, 2013

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Minutes

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Phone: 651-266-8560 Minutes - Final City Council Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Nathaniel Khaliq Councilmember Russ Stark Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, September 11, 2013 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Lantry at 3:30 p.m. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Nathaniel Khaliq, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dave Thune and Councilmember Chris Tolbert COMMUNICATIONS & RECEIVE/FILE 1 AO 13-30 Administrative Order to move funds into a new Neighborhood STAR Year-Round project code and close two previously funded Year-Round STAR projects. Received and Filed CONSENT AGENDA Note: 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 Councilmember Tolbert moved approval of the Consent Agenda . Consent Agenda adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 2 RES 13-1333 Accepting the gift of transportation and lodging expenses from Visit Saint Paul for the Mayor to attend the London Vikings Media trip to promote the City of Saint Paul as a tourist destination. Adopted City of Saint Paul Page 1 City Council Minutes - Final September 11, 2013 3 RES 13-1360 Approving a two-year lease between the City of Saint Paul and the Minnesota Department of Transportation for the City's use of vacant MnDOT property in downtown Saint Paul for use as a pet exercise area. Adopted 4 RES 13-1332 Approving the ISD #625 Maintenance Labor Agreement for the United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 96 (May 1, 2013 - April 30, 2016); and the 2013 - 2014 Terms and Conditions of Employment Memorandum of Agreement between ISD #625 and the Twin City Glaziers, Architectural Metals and Glass Workers, Local 1324 (June 1, 2013 - May 31, 2014). Laid over to September 18 for adoption 5 RES 13-1348 Approving and ratifying the list of expenditures and donations for the City Employee Cookout held at the East Como Pavilions on August 20, 2013. Adopted 6 RES 13-1354 Approving payment in the amount of $9,700 in full settlement of the claim of Unitrin Auto & Home Insurance as subrogee of the No-fault claim of Anh Hoang. Adopted 7 RES 13-1350 Authorizing the Department of Parks and Recreation, Forestry, to accept the gift of travel and expenses, not to exceed $1700, from the Minnesota Pollution Control Agency as provided through a Health Impact Assessment grant from the PEW Charitable Trusts, for staff member Zachary Jorgensen to travel to the Health Impact Project Grantee Meeting and Conference in Washington, DC, September 23-25, 2013. Adopted 8 RES 13-1361 Authorizing the acceptance of a $1172 scholarship grant from the Minnesota State Historical Society for two Heritage Preservation Commissioners and one staff to attend the Preserve Minnesota Annual Statewide Historic Preservation Conference in Lanesboro, September 12th and 13th, 2013. Adopted City of Saint Paul Page 2 City Council Minutes - Final September 11, 2013 9 RES 13-1311 Approving the agreement between the Department of Safety and Inspections (DSI) and the Association for Non-Smokers-Minnesota (ANSR), and accepting a grant of $6,000 to enable DSI to limit youth access to tobacco products. Adopted 10 RES 13-1337 Approving adverse action against the Cigarette/Tobacco license held by Richard A. Stai, d/b/a 5th Street Convenience located at 55 Fifth Street East. Adopted 11 RES 13-1335 Approving adverse action against the Peddler license held by Deanna R. Monroe. Adopted 12 RES 13-1336 Approving adverse action against the Taxicab Driver (Provisional) license application submitted by Kevin R. Lampkin. Adopted 13 RES 13-1334 Memorializing City Council action taken August 21, 2013 sustaining adverse licensing action against all licenses held by Mahad Hussein Jama. Adopted 14 RES 13-1363 Waiving the 45 day notice requirement and approving the Liquor-Outdoor Service Area (Sidewalk), Wine On Sale, and Malt On Sale (Strong) licenses for Clam Lake Partners, LLC, d/b/a 128 Café (License ID #20130003605), 128 Cleveland Avenue North. Adopted FOR DISCUSSION 15 RES 11-471 Ordering the razing and removal of the structures at 260 MARIA AVE within fifteen (15) days after the April 20, 2011 City Council Public Hearing. Council President Lantry moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 3 City Council Minutes - Final September 11, 2013 The Council recessed and Library Board convened at 3:32 p.m. to consider the following item (see Library Board minutes): RES 13-1306 Requesting that the City levy property taxes for the library agency. The Library Board adjourned and the Council reconvened at 3:33 p.m. 16 RES 13-1304 Approving a 2014 maximum property tax levy for the City of Saint Paul. Councilmember Thune moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 17 RES 13-1338 Certifying the proposed Housing and Redevelopment Authority tax levy payable in 2014. Councilmember Thune moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert 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 18 Ord 13-43 Amending Appendix F, District Heating Franchise-District Energy St. Paul, Inc., to extend the term of the franchise to September 1, 2033. Councilmember Stark moved to lay the matter over to September 18. Laid over to September 18 City of Saint Paul Page 4 City Council Minutes - Final September 11, 2013 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 19 Ord 13-45 Amending Appendix K, District Cooling Franchise-District Cooling St. Paul, Inc., to extend the term of the franchise to September 1, 2033. Councilmember Stark moved to lay the matter over to September 18. Laid over to September 18 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 20 Ord 13-46 Amending Charter Section 2.05 relating to the filling of Council vacancies, pursuant to Minnesota Statutes § 410.12, subd. 7 (2012). Councilmember Khaliq moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 21 Ord 13-47 Amending Charter Sections 2.07 and 2.07.1 relating to compensation, pursuant to Minnesota Statutes § 410.12, subd. 7 (2012). Councilmember Thune moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 22 Ord 13-48 Amending Charter Section 6.08 relating to the adoption of ordinances and resolutions, pursuant to Minnesota Statutes § 410.12, subd. 7 (2012). Councilmember Brendmoen moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert City of Saint Paul Page 5 City Council Minutes - Final September 11, 2013 Nay: 0 23 Ord 13-49 Amending Chapter 189 of the Saint Paul Legislative Code pertaining to timeframes for evaluation filing, creating a duty for an agent of a buyer to report missing TISH evaluations, and updating and eliminating redundant and outdated language. Councilmember Brendmoen moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 SUSPENSION ITEMS Councilmember Khaliq moved suspension of the rules. Rules suspended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 RES 13-1461 Co-naming portions of Concordia Avenue and St. Anthony Avenue as "Marvin Roger Anderson Avenue" and "Floyd G. Smaller, Jr. Avenue." Councilmember Khaliq said the resolution honored Marvin Anderson and Floyd Smaller, cofounders of Rondo, Inc., for their work in remembering and celebrating the Rondo neighborhood. He moved approval. Councilmember Tolbert shared remembrances of having Mr . Smaller as a teacher and coach, and said he was honored to have the opportunity to support the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 Council members shared news about upcoming events in their wards. City of Saint Paul Page 6 City Council Minutes - Final September 11, 2013 ADJOURNMENT Councilmember Brendmoen moved adjournment. Meeting adjourned at 3:44 p.m. Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Khaliq, City Council President Lantry, Councilmember Stark, Councilmember Thune and Councilmember Tolbert Nay: 0 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). Councilmembers 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. Please 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) City of Saint Paul Page 7

Agenda

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Phone: 651-266-8560 Meeting Agenda City Council Council President Kathy Lantry Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Nathaniel Khaliq Councilmember Russ Stark Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, September 11, 2013 3:30 PM Council Chambers - 3rd Floor ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 AO 13-30 Administrative Order to move funds into a new Neighborhood STAR Year-Round project code and close two previously funded Year-Round STAR projects. Attachments: AO #13-30 STAR Financial Analysis CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 2 RES Accepting the gift of transportation and lodging expenses from Visit 13-1333 Saint Paul for the Mayor to attend the London Vikings Media trip to promote the City of Saint Paul as a tourist destination. Sponsors: Lantry 3 RES Approving a two-year lease between the City of Saint Paul and the 13-1360 Minnesota Department of Transportation for the City's use of vacant MnDOT property in downtown Saint Paul for use as a pet exercise area. Sponsors: Thune Attachments: Exhibit A - Leased Premises Exhibit B - Pet Exercise Area Lease City of Saint Paul Page 1 Printed on 9/11/2013 City Council Meeting Agenda September 11, 2013 4 RES Approving the ISD #625 Maintenance Labor Agreement for the United 13-1332 Union of Roofers, Waterproofers and Allied Workers, Local Union No. 96 (May 1, 2013 - April 30, 2016); and the 2013 - 2014 Terms and Conditions of Employment Memorandum of Agreement between ISD #625 and the Twin City Glaziers, Architectural Metals and Glass Workers, Local 1324 (June 1, 2013 - May 31, 2014). (To be laid over one week for adoption) Sponsors: Lantry Attachments: ISD 625 2013 - 2016 Roofers Employment Agreement.pdf ISD 625 2013 - 2016 Roofers Summary.pdf ISD 625 Glaziers MOA 2013-2014.pdf ISD 625 Glaziers Summary MOA 2013-2014.pdf 5 RES Approving and ratifying the list of expenditures and donations for the 13-1348 City Employee Cookout held at the East Como Pavilions on August 20, 2013. Sponsors: Lantry Attachments: 2013 Cookout RES #13-1348 Financial Analysis 2013 Cookout Expenditures and Donations 2013 Cookout RES #13-389 2013 Cookout RES #13-389 Financial Analysis Administrative Code Section 41.03 6 RES Approving payment in the amount of $9,700 in full settlement of the 13-1354 claim of Unitrin Auto & Home Insurance as subrogee of the No-fault claim of Anh Hoang. Sponsors: Lantry Attachments: Resolution.pdf Release.pdf W9.pdf 7 RES Authorizing the Department of Parks and Recreation, Forestry, to accept 13-1350 the gift of travel and expenses, not to exceed $1700, from the Minnesota Pollution Control Agency as provided through a Health Impact Assessment grant from the PEW Charitable Trusts, for staff member Zachary Jorgensen to travel to the Health Impact Project Grantee Meeting and Conference in Washington, DC, September 23-25, 2013. Sponsors: Lantry Attachments: Special Expense Request for Pew HIA conference Sept 2013 City of Saint Paul Page 2 Printed on 9/11/2013 City Council Meeting Agenda September 11, 2013 8 RES Authorizing the acceptance of a $1172 scholarship grant from the 13-1361 Minnesota State Historical Society for two Heritage Preservation Commissioners and one staff to attend the Preserve Minnesota Annual Statewide Historic Preservation Conference in Lanesboro, September 12th and 13th, 2013. Sponsors: Lantry Attachments: Unsigned Contract with MHS 9 RES Approving the agreement between the Department of Safety and 13-1311 Inspections (DSI) and the Association for Non-Smokers-Minnesota (ANSR), and accepting a grant of $6,000 to enable DSI to limit youth access to tobacco products. Sponsors: Lantry Attachments: DSI and ANSR 2013 Agreement 2013 Non-smokers MN financial analysis Administrative Code Section 41.03 10 RES Approving adverse action against the Cigarette/Tobacco license held by 13-1337 Richard A. Stai, d/b/a 5th Street Convenience located at 55 Fifth Street East. Sponsors: Thune Attachments: Notice of Violation Minn.Stat.Section 609.685 SPLC Section 324.07 SPLC Section 324.11 11 RES Approving adverse action against the Peddler license held by Deanna 13-1335 R. Monroe. Sponsors: Lantry Attachments: Notice of Intent to Revoke License Notice from MN Dept. of Revenue 12 RES Approving adverse action against the Taxicab Driver (Provisional) 13-1336 license application submitted by Kevin R. Lampkin. Sponsors: Lantry Attachments: Notice of Intent to Deny License MNCIS Case No. 62-K0-04-004235 13 RES Memorializing City Council action taken August 21, 2013 sustaining 13-1334 adverse licensing action against all licenses held by Mahad Hussein Jama. Sponsors: Lantry City of Saint Paul Page 3 Printed on 9/11/2013 City Council Meeting Agenda September 11, 2013 14 RES Waiving the 45 day notice requirement and approving the 13-1363 Liquor-Outdoor Service Area (Sidewalk), Wine On Sale, and Malt On Sale (Strong) licenses for Clam Lake Partners, LLC, d/b/a 128 Café (License ID #20130003605), 128 Cleveland Avenue North. Sponsors: Stark Attachments: Union Park District Council 45 day waiver letter FOR DISCUSSION 15 RES 11-471 Ordering the razing and removal of the structures at 260 MARIA AVE within fifteen (15) days after the April 20, 2011 City Council Public Hearing. (Public hearing held and closed; laid over from December 12, 2012) Sponsors: Lantry Attachments: 260 Maria Ave.Order to Abate.1-21-11.doc 260 Maria Ave.Public Hearng Notification.2-25-11.pdf 260 Maria.R-R FTA & HPC LO Ltr 3-22-11.doc 260 Maria Ave.Photos.12-30-10.pdf The Council will recess and the Library Board will convene to consider the following item: RES 13-1306 Requesting that the City levy property taxes for the library agency. The Library Board will adjourn and the Council will reconvene. 16 RES Approving a 2014 maximum property tax levy for the City of Saint Paul. 13-1304 Sponsors: Lantry 17 RES Certifying the proposed Housing and Redevelopment Authority tax levy 13-1338 payable in 2014. Sponsors: Lantry ORDINANCES An ordinance is a city law enacted by the City Council. It is read at four separate council meetings and becomes effective after passage by the Council and 30 days after publication in the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading. Final Adoption 18 Ord 13-43 Amending Appendix F, District Heating Franchise-District Energy St. Paul, Inc., to extend the term of the franchise to September 1, 2033. Sponsors: Lantry City of Saint Paul Page 4 Printed on 9/11/2013 City Council Meeting Agenda September 11, 2013 19 Ord 13-45 Amending Appendix K, District Cooling Franchise-District Cooling St. Paul, Inc., to extend the term of the franchise to September 1, 2033. Sponsors: Lantry 20 Ord 13-46 Amending Charter Section 2.05 relating to the filling of Council vacancies, pursuant to Minnesota Statutes § 410.12, subd. 7 (2012). Sponsors: Lantry Attachments: City Attorney Transmittal Letter to City Clerk - Council Vacancies 21 Ord 13-47 Amending Charter Sections 2.07 and 2.07.1 relating to compensation, pursuant to Minnesota Statutes § 410.12, subd. 7 (2012). Sponsors: Lantry Attachments: City Attorney Transmittal Letter to City Clerk - Compensation 22 Ord 13-48 Amending Charter Section 6.08 relating to the adoption of ordinances and resolutions, pursuant to Minnesota Statutes § 410.12, subd. 7 (2012). Sponsors: Lantry Attachments: City Attorney Transmittal Letter to City Clerk - adoption of ordinances and resolutions 23 Ord 13-49 Amending Chapter 189 of the Saint Paul Legislative Code pertaining to timeframes for evaluation filing, creating a duty for an agent of a buyer to report missing TISH evaluations, and updating and eliminating redundant and outdated language. Sponsors: Lantry Attachments: TISH Board Resolution.pdf SUSPENSION ITEMS RES Co-naming portions of Concordia Avenue and St. Anthony Avenue as 13-1461 "Marvin Roger Anderson Avenue" and "Floyd G. Smaller, Jr. Avenue." Sponsors: Khaliq ADJOURNMENT City of Saint Paul Page 5 Printed on 9/11/2013 City Council Meeting Agenda September 11, 2013 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). Councilmembers 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. Please 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) City of Saint Paul Page 6 Printed on 9/11/2013