City Council

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Council Chambers - 3rd Floor Minutes - Final Katie Burger, Executive Assistant, 651-266-8560 City Council Council President Russ Stark Councilmember Dan Bostrom Councilmember Amy Brendmoen Councilmember Bill Finney Councilmember Dai Thao Councilmember Dave Thune Councilmember Chris Tolbert Thursday, November 12, 2015 3:30 PM Council Chambers - 3rd Floor Please Note the City Council is meeting on Thursday, November 12 due to the Veteran's Day holiday. Council Voting The reader calls the names of all Councilmembers. A vote in favor is cast by remaining silent, and a vote against is cast by saying no or nay. When the voting is complete, the reader will state whether the motion passed or failed. ROLL CALL Present 6 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Bill Finney and City Council President Russ Stark Absent 1 - Councilmember Dave Thune COMMUNICATIONS & RECEIVE/FILE 1 AO 15-95 Amending the 2015 spending budget for the Office of Technology and Communications. Received and Filed 2 AO 15-98 Amending the CDBG activity budget for the COPP program. Received and Filed 3 AO 15-99 Establishing two new Year-Round STAR account codes and closing three completed Year-Round STAR projects Received and Filed 4 AO 15-100 Authorizing the Police Department to reimburse actual costs for the assessors for the commander's exam. Received and Filed City of Saint Paul Page 1 City Council Minutes - Final November 12, 2015 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 Consent Agenda adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Thune 5 RES 15-1858 Authorizing the Saint Paul Port Authority to submit a Minnesota Investment Fund application on behalf of a company (“Company”) wishing to locate in Saint Paul, Minnesota. Adopted 6 RES 15-1915 Authorizing the Department of Public Works to request variance for Jackson Street from Shepard Road to University Avenue from State of Minnesota Department of Transportation Municipal State Aid and indemnifying the State of Minnesota for claims, demands, actions, or causes of action arising out of or by reason of the variance. Adopted 7 RES 15-1919 Sustaining adverse licensing action against the application of The Lex, Inc., d/b/a The Lex for the premises located at 976 Concordia Avenue in Saint Paul. Adopted 8 RES 15-1949 Authorizing the Police Department to enter into a cooperative agreement with the Hubert H. Humphrey Job Corps Center. Adopted 9 RES 15-1950 Authorization for the Police Department to enter into a Master Subscription Agreement with Kanopy, LLC. Adopted 10 RES 15-1956 Approving adverse action against the Pet Shop license held by Charles J. Schuck III d/b/a CS Reptiles located at 963-7th Street West. Adopted City of Saint Paul Page 2 City Council Minutes - Final November 12, 2015 11 RES 15-1957 Approving adverse action against the Auto Garage license and Alarm Permit (Renew) held by Morgan Tire & Auto, Inc. d/b/a Tires Plus #8126 located at 300 Snelling Avenue North in. Adopted 12 RES 15-1967 Approving payment in the amount of fourteen thousand nine hundred forty three dollars and twenty six cents ($14,943.26) in full settlement of the claim of Nationwide Insurance Company as subrogee of Ricky Vang. Adopted 13 Min 15-59 Approving the minutes of the July 8, 15, 22, and August 5, 12, 19, and 26 City Council meetings. Adopted FOR DISCUSSION 14 RES 15-1989 Canvassing the returns and declaring the results of the City General Election held November 3, 2015. (To be amended with the result of the Ward 2 vote reallocation.) Council President Stark said the results need to be amended for Ward 2. Councilmember Finney moved the amendment. 6 in favor, none opposed Amendment is approved Stark moved approval. 6 in favor, none opposed Resolution is adopted as amended Adopted as amended Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Thune City of Saint Paul Page 3 City Council Minutes - Final November 12, 2015 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 15 Ord 15-54 Creating a commercial development district to be known as the Schmidt Brewery Commercial Development District pursuant to Section 17.07.1 of the Saint Paul City Charter and Section 409.20 of the Saint Paul Legislative Code. Councilmember Finney moved approval. 6 in favor, none opposed Ordinance is adopted Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Thune 16 Ord 15-55 Granting a competitive cable franchise for Qwest Broadband Services Inc. d/b/a/ CenturyLink. Councilmember Bostrom moved approval. 6 in favor, none opposed Ordinance is adopted Adopted Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Thune City of Saint Paul Page 4 City Council Minutes - Final November 12, 2015 Second Reading 17 Ord 15-57 Amending Chapter 324 of the Legislative Code pertaining to flavored tobacco and making amendments to comply with state statute. Councilmember Thao moved an amendment: 90 days after adoption instead of 30 days. 6 in favor, none opposed Amendment is approved and ordinance is laid over to November 18 for third reading/public hearing Amended and laid over to November 18 for third reading/public hearing Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Thune 18 Ord 15-60 Amending Chapter 84 of the Administrative Code establishing a dollar threshold for applicability, creating a set-aside program for CERT certified businesses and establishing penalties for failure to establish good faith efforts to establish vendor outreach goals. Laid over to November 18 for third reading/public hearing 19 Ord 15-61 Amending Chapter 409.02 of the Legislative Code, changing the definition of restaurant. Laid over to November 18 for third reading/public hearing 20 Ord 15-62 Amending Chapter 33 of the Legislative Code pertaining to Establishment of Permit Fees and Certificate of Compliance. Laid over to November 18 for third reading/public hearing 21 Ord 15-63 Amending Chapter 40 of the Legislative Code pertaining to Fire Certificate of Occupancy as it relates to Fees. Laid over to November 18 for third reading/public hearing 22 Ord 15-64 Amending Chapter 55 of the Legislative Code pertaining to the Fire Code - Tent Permit Fees. Laid over to November 18 for third reading/public hearing 23 Ord 15-65 Amending Chapter 310 of the Legislative Code pertaining to Uniform License Procedures as it relates to License Fee Schedule. Laid over to November 18 for third reading/public hearing City of Saint Paul Page 5 City Council Minutes - Final November 12, 2015 24 Ord 15-68 Amending Chapter 43 of the Legislative Code pertaining to Vacant Buildings as it relates to Vacant Building Registration Fee. Laid over to November 18 for third reading/public hearing First Reading 25 Ord 15-70 Amending Chapter 293 of the Legislative Code regarding Noise Regulations. Laid over to November 18 for second reading 26 Ord 15-71 Amending Chapter 6 of the Administrative Code regarding the Department of Public Works. Laid over to November 18 for second reading 27 Ord 15-72 Amending Chapter 17.07 of the Charter, pursuant to Minnesota Statutes § 410.12 subd. 7, regarding On-Sale Liquor Licenses issued to restaurants. Laid over to November 18 for second reading 28 Ord 15-73 Amending Chapter 409.03 of the Legislative Code exempting restaurants from total license limits. Laid over to November 18 for second reading ROLL CALL Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Dave Thune, Councilmember Chris Tolbert, Councilmember Bill Finney and City Council President Russ Stark SUSPENSION ITEMS RES 15-2001 Authorizing the City to enroll in the Apple Developer Program and enter into Apple Mac App Store, App Store, App Store for Apple TV, and iBooks Store Terms and Conditions to develop and distribute apps on the App Store and the Mac App Store. Council President Stark moved suspension of the rules. 7 in favor, none opposed Rules are suspended Stark said this allows us to move forward with some apps. 7 in favor, none opposed Resolution is adopted Adopted City of Saint Paul Page 6 City Council Minutes - Final November 12, 2015 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 RES 15-2003 Authorizing the City to enroll in the Google Play Developer Distribution Agreement to develop and distribute apps on the Google Store. Council President Stark moved to suspend the rules. 7 in favor, none opposed Rules are suspended Stark said this is similar to enrollment in Google Play. 7 in favor, none opposed Resolution is adopted Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 RES 15-2004 Authorizing the Office of Technology and Communications to enter into an agreement with Oracle America, Inc. for Cloud Services. Council President Stark moved to suspend the rules. 7 in favor, none opposed Rules are suspended Stark moved the resolution. 7 in favor, none opposed Resolution is adopted Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Ord 15-66 Amending Section 366A.06 of the Legislative Code pertaining to Races, Runs, and Public Assemblies. Councilmember Thune moved suspension of the rules. 7 in favor, none opposed Rules are suspended Thune said this is pertaining to races, runs, public assemblies. This will relieve some problems on Shepard Road. 7 in favor, none opposed Ordinance is laid over to November 18 for second reading Laid over to November 18 for second reading City of Saint Paul Page 7 City Council Minutes - Final November 12, 2015 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Ord 15-74 Amending Section 409.30 of the Legislative Code relating to intoxicating beverages at block parties. Councilmember Thune moved suspension of the rules. 7 in favor, none opposed Rules are suspended Thune moved first reading. This is related to Xcel Arena and Chestnut, etc. 7 in favor, none opposed Ordinance is laid over to November 8 for second reading Laid over to November 18 for second reading Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Ord 15-75 Amending Chapter 427.07 of the Legislative Code regarding requirements for health clubs located in the Downtown Business District. Councilmember Thune moved suspension of the rules. 7 in favor, none opposed Rules are suspended Thune said this is regarding health clubs without staff people. This is about health clubs in Downtown buildings. Council President Stark asked about previous change. Thune responded it did apply to Downtown. This was initiated by the Lowry Building. They have taken care of all the concerns. Councilmember Bostrom asked does it delineate where the Downtown area is. Thune responded it is the Downtown Business District. 7 in favor, none opposed Ordinance is laid over to December 18 for second reading Laid over to November 18 for second reading Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 City of Saint Paul Page 8 City Council Minutes - Final November 12, 2015 Ord 15-76 Amending Chapter 409.03 of the Legislative Code removing the quarter-mile exemption zone for off-sale liquor licenses around the Xcel Energy Center. Councilmember Thune moved to suspend the rules. 7 in favor, none opposed Rules are suspended Thune moved the first reading. 7 in favor, none opposed Ordinance is laid over to November 19 for second reading Laid over to November 18 for second reading Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 ADJOURNMENT The meeting was adjourned at 3:50 p.m. Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark 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 9