City Council
Regular MeetingSt. Paul, MN · August 13, 2014
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