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City Council

Regular Meeting

St. Paul, MN · January 14, 2015

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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, January 14, 2015 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, City Council President Kathy Lantry, Councilmember Russ Stark, Councilmember Dai Thao, Councilmember Dave Thune and Councilmember Chris Tolbert COMMUNICATIONS & RECEIVE/FILE 1 CO 15-1 Letter from the Department of Safety and Inspections declaring 1192 Dale Street North a nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Received and Filed 2 AO 15-8 Moving Neighborhood STAR Year-Round Program funds into three (3) project specific activity codes. 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 - 18) Councilmember Stark 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 January 14, 2015 3 RES 15-109 Approving the Mayor's reappointments of Rob Stopelsted, Courtney Henry, Shawntera Hardy, John Wolf, Lorrie Louder, and Steve Ubl to serve on the Business Review Council. Adopted 4 RES 15-110 Approving the Mayor's reappointment of Elizabeth Wefel and the appointment of Jim Stahlmann to serve on the Neighborhood STAR Board. Adopted 5 RES 15-124 Approving the Mayor's reappointments of Michelle Bergman, Scott Coleman, Thomas M. Hearn, Mark Hughes, Sean Kealy, Jean LaClare, Kari Sheldon, Keith Schmalzbauer, and James Thayer to serve on the Mayor's Advisory Committee for People with Disabilities. Adopted 6 RES 15-91 Setting fine amounts for violations of Legislative Code section 157.11(e) pertaining to trailer parking. Adopted 7 RES 15-102 Denying a request for a Stay of Demolition for the property located at 676 Wells Avenue. Adopted 8 RES 15-93 Approving the settlement agreement and release between the City of Saint Paul and Eric M. Herman and his attorney, Wayne J. Studer. Adopted 9 RES 15-77 Authorizing the Fire Department to accept the donation of $500 from Saint Patrick's Association. Adopted 10 RES 15-78 Authorizing the Fire Department to accept the donation of concrete from Cretex Concrete Products for the Structural Collapse Team training area. Adopted 11 RES 15-79 Authorizing the Fire Department to accept the donation of a laptop computer valued at $2,161 from Regions Hospital to be used for the Community Paramedic program. Adopted City of Saint Paul Page 2 City Council Minutes - Final January 14, 2015 12 RES 15-36 Approving the Memorandum of Agreement between the City of Saint Paul and the International Union of Operating Engineers, Local 70, for the purpose of changing the applicability of promotion rights, following the Administrative Law Judge's order in case #68-3100-31036. Adopted 13 RES 15-31 Approving the Memorandum of Agreement between the City of Saint Paul and the International Union of Elevator Constructors, Local 9, for the 2015 Wage and Fringe Adjustment. Adopted 14 RES 15-9 Approving the Memorandum of Agreement between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association for the purpose of changing the applicability of promotion rights following the Commissioner of Veteran's Affairs Order in case # 68-3100-31036. Adopted 15 RES 15-82 Approving the Memorandum of Agreement between the City of Saint Paul and the International Association of Machinists and Aerospace Workers, District Lodge 77 for the purpose of changing the applicability of promotion rights following the Commissioner of Veteran's Affairs order in case #68-3100-31036. Laid over to January 21 for adoption 16 RES 15-57 Approving adverse action against the Auto Body Repair/Painting Shop license held by Safe Auto Body Shop at 931 Atlantic Street. Adopted 17 RES 15-58 Approving adverse action against the Taxicab Driver (Provisional) license application submitted by Solomon D. Anderson. Adopted 18 RES 15-89 Authorizing the Office of Technology and Communications to enter into an agreement, which includes an indemnification clause, with AirWatch LLC for a trial license with hosting, at no cost to the City. Adopted City of Saint Paul Page 3 City Council Minutes - Final January 14, 2015 FOR DISCUSSION 19 ABZA 15-2 Public hearing to consider the appeal of Rafic Chehouri to a decision of the Board of Zoning Appeals denying a request for a front yard setback variance in order to enlarge the existing retail building at 945 Grand Avenue. Councilmember Thune asked for the City Attorney's opinion. Deputy City Attorney Jerry Hendrickson said Council members had been sent an opinion on whether a variance could be conditioned on design standards. he said the answer was yes, but first the Council would have to find error in findings of the Board of Zoning Appeals, and the conditions had to be related to the impact of the variance. He said it was also pointed out in the written opinion that time was running out for a decision, and that another way to address the issue would be through rezoning, which would come with its own design standards. In response to a question from Councilmember Thune, he said a decision by the Council to grant the appeal would be precedent-setting. Councilmember Thune moved to deny the appeal. Councilmember Brendmoen said it sounded like there was a way for the appellant to get where he wanted to go by applying to rezone the property to T2, which would not require signatures from neighbors and would include design standards. She said it seemed like that was a great solution. Motion of Intent - Appeal Denied Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, 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 20 Ord 14-52 Administrative Ordinance placing the classification titled Public Information Manager in the unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. (Civil Service Commission approval needed prior to Mayor's approval) Councilmember Thune moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, City Council President Lantry, Councilmember Stark, Councilmember Thao, Councilmember Thune and Councilmember Tolbert City of Saint Paul Page 4 City Council Minutes - Final January 14, 2015 Nay: 0 Second Reading 21 Ord 15-1 Amending the Zoning Map of Saint Paul as recommended in the Shepard Davern Area Zoning Study. Laid over to January 21 for third reading/public hearing 22 Ord 15-4 Memorializing City Council action granting the application of Face To Face Health And Counseling Service Inc. to rezone the property at 798 Rose Avenue East from RT1 Two Family Residential to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 3, 2014) Laid over to January 21 for third reading 23 Ord 15-3 Memorializing City Council action granting the application of Joe Urbanski to rezone property at 1396 White Bear Avenue North from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 3, 2014) Laid over to January 21 for third reading 24 Ord 15-2 Memorializing City Council action granting the application of Big Steer Meats to rezone the property at 1762 Minnehaha Avenue East from R4 One-Family Residential to B2 Community Business and White Bear Avenue Overlay District, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 3, 2014) Laid over to January 21 for third reading Council members shared information about upcoming events in their wards. ADJOURNMENT Councilmember Brendmoen moved adjournment. Meeting adjourned at 3:45 p.m. 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 5 City Council Minutes - Final January 14, 2015 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

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, January 14, 2015 3:30 PM Council Chambers - 3rd Floor ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 CO 15-1 Letter from the Department of Safety and Inspections declaring 1192 Dale Street North a nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Sponsors: Brendmoen Attachments: 1192 Dale St.OTA 1-5-15 2 AO 15-8 Moving Neighborhood STAR Year-Round Program funds into three (3) project specific activity codes. Attachments: YR STAR Financial Analysis AO 14-79 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 15-109 Approving the Mayor's reappointments of Rob Stopelsted, Courtney Henry, Shawntera Hardy, John Wolf, Lorrie Louder, and Steve Ubl to serve on the Business Review Council. Sponsors: Lantry 4 RES 15-110 Approving the Mayor's reappointment of Elizabeth Wefel and the appointment of Jim Stahlmann to serve on the Neighborhood STAR Board. Sponsors: Lantry City of Saint Paul Page 1 Printed on 1/13/2015 City Council Meeting Agenda January 14, 2015 5 RES 15-124 Approving the Mayor's reappointments of Michelle Bergman, Scott Coleman, Thomas M. Hearn, Mark Hughes, Sean Kealy, Jean LaClare, Kari Sheldon, Keith Schmalzbauer, and James Thayer to serve on the Mayor's Advisory Committee for People with Disabilities. Sponsors: Lantry 6 RES 15-91 Setting fine amounts for violations of Legislative Code section 157.11(e) pertaining to trailer parking. Sponsors: Thune 7 RES 15-102 Denying a request for a Stay of Demolition for the property located at 676 Wells Avenue. Sponsors: Bostrom Attachments: Letter to City Council regarding 676 Wells Avenue Melvin Welch letter to Councilmember Bostrom 8 RES 15-93 Approving the settlement agreement and release between the City of Saint Paul and Eric M. Herman and his attorney, Wayne J. Studer. Sponsors: Lantry Attachments: Settlement Agreement and Release Administrative Code 3.02 Financial Analysis 9 RES 15-77 Authorizing the Fire Department to accept the donation of $500 from Saint Patrick's Association. Sponsors: Lantry Attachments: Financial Detail 15-77 St. Patrick's Assn letter 10 RES 15-78 Authorizing the Fire Department to accept the donation of concrete from Cretex Concrete Products for the Structural Collapse Team training area. Sponsors: Lantry 11 RES 15-79 Authorizing the Fire Department to accept the donation of a laptop computer valued at $2,161 from Regions Hospital to be used for the Community Paramedic program. Sponsors: Lantry 12 RES 15-36 Approving the Memorandum of Agreement between the City of Saint Paul and the International Union of Operating Engineers, Local 70, for the purpose of changing the applicability of promotion rights, following the Administrative Law Judge's order in case #68-3100-31036. Sponsors: Lantry Attachments: MOA Prom Rule 12152014 City of Saint Paul Page 2 Printed on 1/13/2015 City Council Meeting Agenda January 14, 2015 13 RES 15-31 Approving the Memorandum of Agreement between the City of Saint Paul and the International Union of Elevator Constructors, Local 9, for the 2015 Wage and Fringe Adjustment. Sponsors: Lantry Attachments: MOA Elevator 2015 Wage Fringe Adj 14 RES 15-9 Approving the Memorandum of Agreement between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association for the purpose of changing the applicability of promotion rights following the Commissioner of Veteran's Affairs Order in case # 68-3100-31036. Sponsors: Lantry Attachments: MOA Manual & Maintenance Supvry Assoc Prom Rights 12192014 15 RES 15-82 Approving the Memorandum of Agreement between the City of Saint Paul and the International Association of Machinists and Aerospace Workers, District Lodge 77 for the purpose of changing the applicability of promotion rights following the Commissioner of Veteran's Affairs order in case #68-3100-31036. (To be laid over one week for adoption) Sponsors: Lantry Attachments: MOA Machinists Prom Rights 12292014 16 RES 15-57 Approving adverse action against the Auto Body Repair/Painting Shop license held by Safe Auto Body Shop at 931 Atlantic Street. Sponsors: Bostrom Attachments: Notice of Intent to Suspend License with Affidavit of Service and supporting documents.pdf 17 RES 15-58 Approving adverse action against the Taxicab Driver (Provisional) license application submitted by Solomon D. Anderson. Sponsors: Lantry Attachments: Notice of Intent to Deny License with Affidavit of Service.pdf SPLC 376.16 - Taxicab Driver's License.pdf SPLC 310.06 18 RES 15-89 Authorizing the Office of Technology and Communications to enter into an agreement, which includes an indemnification clause, with AirWatch LLC for a trial license with hosting, at no cost to the City. Sponsors: Lantry Attachments: Financial Analysis AirWatch User licenese agreement City of Saint Paul Page 3 Printed on 1/13/2015 City Council Meeting Agenda January 14, 2015 FOR DISCUSSION 19 ABZA 15-2 Public hearing to consider the appeal of Rafic Chehouri to a decision of the Board of Zoning Appeals denying a request for a front yard setback variance in order to enlarge the existing retail building at 945 Grand Avenue. Sponsors: Thune Attachments: 945 Grand Ave. Appeal application.pdf 945 Grand Ave. variance application.pdf 945 Grand Ave. Neighborhod letters.pdf 945 Grand.staff report & resolution.pdf 945 Grand. minutes.pdf 945 Grand.extension letter & area maps.df.pdf 945 Grand Ave. PHOTO.pdf 945 Grand Ave. PHOTOS.pdf.doc 945 Grand Ave City Council Letter Karas Email Crosby Email 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 20 Ord 14-52 Administrative Ordinance placing the classification titled Public Information Manager in the unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. (Civil Service Commission approval needed prior to Mayor's approval) Sponsors: Lantry Second Reading 21 Ord 15-1 Amending the Zoning Map of Saint Paul as recommended in the Shepard Davern Area Zoning Study. Sponsors: Tolbert Attachments: Shepard Davern Zoning Study Report and Maps 11-7-14 PC hearing comments on Shep Dav rezoning PC Resolution 14-76 Shepard Davern Area Zoning Attachment A - Shep Dav Parcel Rezoning List City of Saint Paul Page 4 Printed on 1/13/2015 City Council Meeting Agenda January 14, 2015 22 Ord 15-4 Memorializing City Council action granting the application of Face To Face Health And Counseling Service Inc. to rezone the property at 798 Rose Avenue East from RT1 Two Family Residential to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 3, 2014) Sponsors: Bostrom 23 Ord 15-3 Memorializing City Council action granting the application of Joe Urbanski to rezone property at 1396 White Bear Avenue North from B2 Community Business to T2 Traditional Neighborhood, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 3, 2014) Sponsors: Bostrom 24 Ord 15-2 Memorializing City Council action granting the application of Big Steer Meats to rezone the property at 1762 Minnehaha Avenue East from R4 One-Family Residential to B2 Community Business and White Bear Avenue Overlay District, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. (Public hearing held December 3, 2014) Sponsors: Lantry SUSPENSION ITEMS 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 5 Printed on 1/13/2015