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City Council

Regular Meeting

St. Paul, MN · August 13, 2014

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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 Russ Stark Councilmember Dai Thao Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, August 13, 2014 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Lantry at 3:32 p.m. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dai Thao, Councilmember Dave Thune and Councilmember Chris Tolbert COMMUNICATIONS & RECEIVE/FILE 1 AO 14-41 Amending the 2014 budget of the CDBG Federal Grants Fund. Received and Filed 2 AO 14-43 Authorizing the Department of Emergency Management to pay for all costs incurred during the Emergency Operations Center activation for the 2014 Flood. 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 (Items 3 - 11) Councilmember Brendmoen moved approval of the Consent Agenda. Consent Agenda adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 1 City Council Minutes - Final August 13, 2014 3 RES 14-1365 Approving the Mayor's reappointment of Amy Filice, Butch Howard, David MacKenzie, and Sheila Olson to serve on the Workforce Investment Board. Adopted 4 RES 14-1304 Approving the City's cost of providing Tree Removal services during July 2014, and setting date of Legislative Hearing for September 9, 2014 and City Council Public Hearing for October 15, 2014 to consider and levy the assessments against individual properties. (File No. 1410T, Assessment No. 149010) Adopted 5 RES 14-1242 Approving the Memorandum of Agreement for the May 1, 2014 Wage and Fringe Adjustment between the City of Saint Paul and the North Central States Regional Council of Carpenters. Adopted 6 RES 14-1294 Changing the rate of pay for the classification of DSI Fire Safety Inspector II (formerly Fire Prevention Inspector I), occ code 492B, from Grade 035 to Grade 36L, in the AFSCME Technical, EG 02 Salary Schedule. Adopted 7 RES 14-1278 Authorizing the Department of Parks and Recreation to accept a donation in the amount of $2,500 from the Midway Men's Club for the support of the summer youth programming. Adopted 8 RES 14-1366 Approving the extension of Joan Gryzwinski's term on the Saint Paul Port Authority Board of Commissioners to August 30, 2014. Adopted 9 RES 14-1319 Approving the first amendment to the 875 South Lexington Parkway Easement Deed. Adopted 10 RES 14-1282 Delegating authority to the Department of Public Works to create Community Garden Agreements. Adopted City of Saint Paul Page 2 City Council Minutes - Final August 13, 2014 11 RES 14-1277 Approving the third amendment to the Revised and Restated Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed. Adopted FOR DISCUSSION 12 RES PH 14-180 Final Order approving the installation of a storm sewer service connection at 24 East Fourth Street. (File No. 19165C, Assessment No. 146005) Councilmember Thune moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 13 RES PH 14-185 Amending the financing and spending budgets in the Department of Public Works under the Griggs Avenue and Jefferson Avenue Bicycle and Streetscape projects by transferring $678,213.00 and recognizing additional financing of $243,000 Federal TLC Funds. Assistant City Attorney Rachel Tierney clarified the limits on the Council's authority to to allocate CIB funds for future years, and reviewed the Council's options related to the resolution being considered. In response to questions and comments from Council President Lantry and Councilmember Brendmoen, Deputy City Attorney Gerald Hendrickson clarified that money could only be appropriated annually but intent could be expressed prior to the appropriation. Councilmember Bostrom said an expression of intent would not guarantee funding; Councilmember Stark said the short turnaround until the next budget cycle might increase the likelihood of follow-through in this case. Council President Lantry said what also struck a nerve with the Council was that Pierce Butler/Lexington Parkway was a citizen-driven project. There was further discussion and clarification of options available to the Council for ensuring that the Pierce Butler/Lexington Parkway and Palace Rec projects obtained funding to be completed. Councilmember Tolbert questioned whether the Council wanted to support projects to any level, and he noted that the Jefferson project funding was now substantially more than was allocated in 2012. Council President Lantry said the Council did have the opportunity deny requests for additional funds. Councilmember Brendmoen said she supported the projects being discussed but shared the concerns raised by Councilmember Tolbert. Councilmember Bostrom said leaving a small amount of money in the Pierce Butler/Lexington Parkway project might send a message to the CIB committee that the project was a Council priority. Councilmember Stark said sending projects to the CIB committee along with the suspension resolution would have the desired effect without leaving money the Pierce Butler/Lexington Parkway project. Councilmember Thune moved approval. Adopted City of Saint Paul Page 3 City Council Minutes - Final August 13, 2014 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 SUSPENSION ITEM Councilmember Stark moved suspension of the rules. Rules suspended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 City of Saint Paul Page 4 City Council Minutes - Final August 13, 2014 RES 14-1410 Expressing the intent of the City Council to include the Palace Recreation Center Project in the 2015 Capital Improvement Budget, and the Pierce Butler Lexington Bike Connection Project in the 2016 Capital Improvement Budget. Councilmember Stark moved approval. Councilmember Brendmoen said she had additional items to add, specifically the Rice Street Bridge, and she asked whether the item could be laid over or it would be preferable for her to bring in a separate resolution. Council President Lantry said there was a process for that. Councilmember Brendmoen said she intended to follow the process but was bringing it up to make the point that there was a process to follow. Councilmember Stark said this specific project had been discussed the previous week, and he would prefer to vote on this item separately. Councilmember Bostrom said having the Council make these decisions defeated the purpose of having a CIB Committee. Councilmember Brendmoen said the projects were pre-approved. Councilmember Thune said the language in the resolution acknowledged the CIB process. Councilmember Bostrom said adding additional items changed things. Councilmember Brendmoen said she would bring in a separate resolution with the Rice Street Bridge project, which was brought through the process by a community that was already somewhat disenfranchised, and then was bumped under circumstances similar to the project being considered. Councilmember Tolbert said he had items he would like to add too. He said the situation highlighted the problem of funding projects beyond the amount original allocated. Councilmember Brendmoen said there's been some discussion of taking a CIB "breather" to get caught up on some of these projects, and that was something to consider as well. Council President Lantry said the original idea had been to follow through on support expressed at the previous meeting for the Pierce Butler/Lexington project, but this was going way outside the CIB process and she would vote against resolution. She said the CIB committee was made up of volunteers who ranked projects and advised the Council, and she wanted to respect their role even though it was only advisory. Councilmember Stark said he understood the concern but was a little surprised since there seemed to have been consensus the previous week to support the project. He said the project was approved and budgeted so the circumstances were different. Paul Kurtz, Public Works, a distinguishing factor was that the Pierce Butler/Lexington bike path project was a project in and of itself, and the Rice Street bridge project was funded out of Public Works' annual program for bridge enhancements. He said requests for those enhancements were prioritized by Public Works based on what the community had suggested in the past. He said the Rice Street bridge was first on that list, but some funding had gone to complete the Edgecumbe bridge project and some had gone to the 2014 Mill and Overlay project. He said it was almost unheard of for a specific project to be cancelled. Council President Lantry said in spite of the general support for the Pierce Butler/Lexington project, the Council was concerned about the precedent that would City of Saint Paul Page 5 City Council Minutes - Final August 13, 2014 be set with this resolution. Councilmember Bostrom agreed and said the Council had expressed support for the project and the resolution was unnecessary. He said he would not vote for it. Councilmember Stark withdrew the resolution. He said he thought the Pierce Butler/Lexington project was different from some of the others brought up, and it didn't feel right that the Council had signaled something different last week with no discussion or argument. Withdrawn 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 14 Ord 14-30 Amending Chapter 2 of the Saint Paul Administrative Code pertaining to Community Presence and Responsibility in Banking. Councilmember Thao moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 Second Reading 15 Ord 14-32 Amending Chapter 33 of the Saint Paul Legislative Code creating a Residential Construction Management Acknowledgment Form and outlining the responsibilities associated with it. Laid over to August 20 for third reading/public hearing 16 Ord 14-33 Amending Chapter 310 of the Saint Paul Legislative Code to add a Microdistillery Cocktail Room license fee. Laid over to August 20 for third reading/public hearing 17 Ord 14-34 Amending Chapter 324 of the Saint Paul Legislative Code pertaining to single cigar packaging regulation. Laid over to August 20 for third reading/public hearing City of Saint Paul Page 6 City Council Minutes - Final August 13, 2014 SUSPENSION ITEM Councilmember Bostrom moved suspension of the rules. Rules suspended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert Nay: 0 RES 14-1391 Proclaiming Saturday, August 16, 2014 be forever known in Minnesota’s Capital City as Saint Paul Central High School Class of 1964 Day. Councilmember Bostrom moved approval. Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao and Councilmember Tolbert Nay: 0 Absent: 1- Councilmember Thune ADJOURNMENT Councilmember Tolbert moved adjournment. Meeting adjourned at 4:11 p.m. Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao and Councilmember Tolbert Nay: 0 Absent: 1- Councilmember Thune City of Saint Paul Page 7 City Council Minutes - Final August 13, 2014 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 8

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 Russ Stark Councilmember Dai Thao Councilmember Dave Thune Councilmember Chris Tolbert Wednesday, August 13, 2014 3:30 PM Council Chambers - 3rd Floor ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 AO 14-41 Amending the 2014 budget of the CDBG Federal Grants Fund. Attachments: AO 14-41 Close out old CDBG Activities 2 AO 14-43 Authorizing the Department of Emergency Management to pay for all costs incurred during the Emergency Operations Center activation for the 2014 Flood. 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. 3 RES Approving the Mayor's reappointment of Amy Filice, Butch Howard, 14-1365 David MacKenzie, and Sheila Olson to serve on the Workforce Investment Board. Sponsors: Lantry 4 RES Approving the City's cost of providing Tree Removal services during July 14-1304 2014, and setting date of Legislative Hearing for September 9, 2014 and City Council Public Hearing for October 15, 2014 to consider and levy the assessments against individual properties. (File No. 1410T, Assessment No. 149010) Sponsors: Lantry Attachments: Report of Completion Assessment Roll City of Saint Paul Page 1 Printed on 8/13/2014 City Council Meeting Agenda August 13, 2014 5 RES Approving the Memorandum of Agreement for the May 1, 2014 Wage 14-1242 and Fringe Adjustment between the City of Saint Paul and the North Central States Regional Council of Carpenters. Sponsors: Lantry Attachments: Carpenters MOA 2014 Wage & Fringe Adj 6 RES Changing the rate of pay for the classification of DSI Fire Safety 14-1294 Inspector II (formerly Fire Prevention Inspector I), occ code 492B, from Grade 035 to Grade 36L, in the AFSCME Technical, EG 02 Salary Schedule. Sponsors: Lantry Attachments: Copy of Financial Analysis - DSI Fire Safety Inspector II 7 RES Authorizing the Department of Parks and Recreation to accept a 14-1278 donation in the amount of $2,500 from the Midway Men's Club for the support of the summer youth programming. Sponsors: Brendmoen Attachments: Midway Mens Club Donation North Area 2014.xls 8 RES Approving the extension of Joan Gryzwinski's term on the Saint Paul 14-1366 Port Authority Board of Commissioners to August 30, 2014. Sponsors: Lantry 9 RES Approving the first amendment to the 875 South Lexington Parkway 14-1319 Easement Deed. Sponsors: Lantry Attachments: First Amendment to the 875 South Lexington Pkwy Easement Deed Exhibit A1 - Ribbon Driveway at 875 S Lexington Pkwy Exhibit A2 - 875 S Lexington Catch Basin Structure Original 875 S Lexington Agreement 10 RES Delegating authority to the Department of Public Works to create 14-1282 Community Garden Agreements. Sponsors: Lantry Attachments: Exhibit A - Community Garden Agreement Template 11 RES Approving the third amendment to the Revised and Restated Joint 14-1277 Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed. Sponsors: Lantry Attachments: LMRWMO JPA 3rd Amendment City of Saint Paul Page 2 Printed on 8/13/2014 City Council Meeting Agenda August 13, 2014 FOR DISCUSSION 12 RES PH Final Order approving the installation of a storm sewer service 14-180 connection at 24 East Fourth Street. (File No. 19165C, Assessment No. 146005) (Public hearing held August 6) Sponsors: Thune Attachments: Assessment Roll 13 RES PH Amending the financing and spending budgets in the Department of 14-185 Public Works under the Griggs Avenue and Jefferson Avenue Bicycle and Streetscape projects by transferring $678,213.00 and recognizing additional financing of $243,000 Federal TLC Funds. (Public hearing held August 6) Sponsors: Thune and Stark Attachments: Revised FINANCIAL ANALYSIS RES PH 14-185 FINANCIAL ANALYSIS - updated 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 14 Ord 14-30 Amending Chapter 2 of the Saint Paul Administrative Code pertaining to Community Presence and Responsibility in Banking. Sponsors: Lantry and Thao Attachments: Community Presence And Responsibility Responsible Banking Ordinance Version 3 Mark Up Responsible Banking Ordinance Version 3 Clean Responsible Banking Attachment Version 2 Markup Responsible Banking Attachment Version 2 Clean Second Reading 15 Ord 14-32 Amending Chapter 33 of the Saint Paul Legislative Code creating a Residential Construction Management Acknowledgment Form and outlining the responsibilities associated with it. Sponsors: Tolbert 16 Ord 14-33 Amending Chapter 310 of the Saint Paul Legislative Code to add a Microdistillery Cocktail Room license fee. Sponsors: Lantry Attachments: SPLC 310.18(e) Enforcement Level 5- Microdistillery Cocktail Rooms City of Saint Paul Page 3 Printed on 8/13/2014 City Council Meeting Agenda August 13, 2014 17 Ord 14-34 Amending Chapter 324 of the Saint Paul Legislative Code pertaining to single cigar packaging regulation. Sponsors: Thao Attachments: Single Cigar Packaging Regulation Purpose and Findings of Fact Kintopf support of tobacco ordinance Kottke letter supporting tobacco ordinance SPACC Letter on Single Item Cigar Sales Mills email supporting tobacco ordinance ASANDC Youth letter re tobacco ordinance Clearway Minnesota Letter re tobacco ordinance Magnesa email re tobacco ordinance SUSPENSION ITEMS RES Expressing the intent of the City Council to include the Palace 14-1410 Recreation Center Project in the 2015 Capital Improvement Budget, and the Pierce Butler Lexington Bike Connection Project in the 2016 Capital Improvement Budget. Sponsors: Stark and Thune RES Proclaiming Saturday, August 16, 2014 be forever known in Minnesota’s 14-1391 Capital City as Saint Paul Central High School Class of 1964 Day. Sponsors: Bostrom ADJOURNMENT Council Meeting Information The City Council is paperless which saves the environment and reduces expenses. The agendas and Council files are all available on the Web (see below). 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 4 Printed on 8/13/2014