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 Wednesday, December 9, 2015 3:30 PM Council Chambers - 3rd Floor 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 The meeting was called to order at 3:59 p.m. 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 COMMUNICATIONS & RECEIVE/FILE 1 AO 15-110 Amending the 2015 spending budget for the Office of Technology and Communications. 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 Consent Agenda is adopted as amended 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 1 City Council Minutes - Final December 9, 2015 2 RES 15-2033 Requesting a Planning Commission study of Southport on the WestSide to address safety and health issues. Adopted 3 RES 15-2082 Authorizing the Fire Department to accept the donation of physical fitness equipment from the Saint Paul Fire Foundation for two fire stations. Adopted 4 RES 15-2091 Approving the use of grant funds through the Ward 2 Neighborhood STAR Year-Round Program for the East Side Freedom Library Sign, Summit Hill Community Garden Upgrades, Black Dog Café’s Expansion/Kitchen and a New Como Lakeside Pavilion Sound System. Adopted 5 RES 15-2096 Authorizing the Department of Parks and Recreation to accept donations and thank donors to the Blooming Saint Paul Program. Adopted 6 RES 15-2097 Approving a First Supplement to Indenture of Trust and related documents with respect to the Taxable Revenue Refunding Notes (State of Minnesota Continuing Appropriation Grant), Series 2014; and directing the execution and delivery of the First Supplement to Indenture of Trust, and related documents. Adopted 7 RES 15-2106 Authorizing the Police Deparment to accept a grant in the amount of $600,000 from the U.S. Department of Justice for the Body Worn Camera grant. Adopted 8 RES 15-2110 Authorizing the Fire Department to accept the donation of physical fitness equipment from the Saint Paul Fire Foundation for one fire station. Adopted 9 RES 15-2122 Approving the application with conditions, per the Legislative Hearing Officer, for an Auto Body Repair/Painting Shop, and Auto Repair Garage licenses, for Gacal Auto Body & Repair Inc. (I.D. #20150002431), d/b/a Gacal Auto Body & Repair at 363 Atwater Street. Adopted City of Saint Paul Page 2 City Council Minutes - Final December 9, 2015 10 RES 15-2130 Appointing Holly Huston as Chief Budget Officer for the City Council. Adopted 11 RES 15-2136 Memorializing a City Council decision to deny an appeal by the Central Presbyterian Church from a Historic Preservation Commission decision regarding the restoration of the church building roof at 500 Cedar Street and modifying the Commission's decision regarding the roofing materials that must be used for the roof restoration project. Adopted 12 RES 15-2161 Recognizing Kawaljit Bhatia for his 38 years of running a successful business in the City of Saint Paul. Adopted 15 RES 15-2165 Waiving the Neighborhood STAR guidelines to increase the acquisition and soft cost limit to 30% and extend the contract to March 31, 2017 for the Million Will Make It Happen on East 7th Street program. Adopted 16 RES 15-2168 Honoring Twin Cities Refuse, and the Karas and Gubash families, for their good business practices and for their work protecting the environment. Adopted 18 RES 15-2176 Authorizing a Professional Services Contract with Ward Einess Strategies, LLC. Adopted 19 RES 15-2177 Authorizing a Professional Services Agreement with Messerli & Kramer. Adopted 20 Min 15-62 Approving the minutes of the September 2, 9, 16, and 23 City Council meetings. Adopted City of Saint Paul Page 3 City Council Minutes - Final December 9, 2015 FOR DISCUSSION 13 RES 15-2163 Authorizing appropriate city officials to enter into an agreement with Lockridge Grindal Nauen, PLLP to represent the City and Board of Water Commissioners of the City of Saint Paul in litigation against sellers of Liquid Aluminum Sulfates. Council President Stark said he wanted to lay this over for one week for further discussion. 7 in favor, none opposed Laid over to December 16 Laid over to December 16 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 14 RES 15-2164 Renaming Eagle Street Plaza Park to Cossetta Park. Councilmember Thune moved approval. He wanted the Parks Commission to approve this on condition that District 9 approve it. It was approved by District 9. 7 in favor, none opposed Resolution adopted Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 17 RES 15-2175 Outlining the City's 2016 Legislative Agenda. Stark highlighted the legislative agenda for next year: continuing reconstruction of Kellogg/3rd Street bridge, environmental learning center, river passage plan, seals & sea lions exhibit at Como Zoo, Bruce Vento Nature Sanctuary, Minnesota Museum of American Art, and a number of policy issues, most of which are ongoing and unchanged from previous years Tolbert said he had one addition: support the St. Paul Public Schools in their effort to secure funding for the learning jet at Holman Field. Fedex donated it. A group of citizens have fixed it up. Now it is a learning center. The problem is there is no bathroom and other things. Tolbert moved the amended version with the addition. 7 in favor, none opposed Adopted as amended Adopted as amended City of Saint Paul Page 4 City Council Minutes - Final December 9, 2015 Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 21 RES 15-2100 Authorizing the use of a Project Labor Agreement (PLA) for the construction of the Fire Station 19 Addition/Renovation Project. Councilmember Tolbert moved approval. 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 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 22 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. Councilmember Bostrom would like to lay over for one week. Council President Stark said it can only be laid over once. 7 in favor, none opposed Ordinance is laid over to December 16 Laid over to December 16 for final adoption 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 5 City Council Minutes - Final December 9, 2015 23 Ord 15-66 Amending Section 366A.06 of the Legislative Code pertaining to Races, Runs, and Public Assemblies. Councilmember Thune moved an amendment. There are one or two races that go down and use both sides. They grandfather that kind of racing for two years until they find a solution. Gerry Hendrickson, City Attorney’s Office, said it is not necessary to have another hearing. Thune moved the amendment and a layover for one week. 7 in favor, none opposed Ordinance is amended and laid over to December 16 Amended and laid over to December 16 for final adoption Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 24 Ord 15-70 Amending Chapter 293 of the Legislative Code regarding Noise Regulations. Councilmember Thune moved approval. 7 in favor, none opposed Ordinance is adopted Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 25 Ord 15-71 Amending Chapter 6 of the Administrative Code regarding the Department of Public Works. Councilmember Thao moved approval. 6 in favor, none opposed Ordinance is adopted Adopted Yea: 6- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Brendmoen City of Saint Paul Page 6 City Council Minutes - Final December 9, 2015 26 Ord 15-73 Amending Chapter 409.03 of the Legislative Code exempting restaurants from total license limits. Councilmember Tolbert moved approval. 6 in favor, none opposed Ordinance is adopted Adopted Yea: 6- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Brendmoen 27 Ord 15-74 Amending Section 409.30 of the Legislative Code relating to intoxicating beverages at block parties. Councilmember Thune moved approval. 6 in favor, none opposed Ordinance is adopted Adopted Yea: 6- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Brendmoen 28 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 approval. 6 in favor, none opposed Ordinance is adopted Adopted Yea: 6- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Brendmoen City of Saint Paul Page 7 City Council Minutes - Final December 9, 2015 29 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 approval. 6 in favor, none opposed Ordinance is adopted Adopted Yea: 6- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Brendmoen Second Reading 30 Ord 15-79 Expanding the Downtown Commercial Development District pursuant to Section 17.07.1 of the City Charter and Section 409.20 of the Legislative Code. This is laid over to December 16 for third reading/public hearing. Laid over to December 16 for third reading/public hearing 31 Ord 15-77 Granting the application of Diocese of St. Paul to rezone the property at 328 Kellogg Blvd W from RM2Multiple Family to T1Traditional Neighborhood and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. This is laid over to December 16 for third reading/public hearing. Laid over to December 16 for third reading/public hearing First Reading 32 Ord 15-81 Establishing a Qualifications and Examining Committee for the position of Police Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter. This is laid over to December 16 for second reading. Laid over to December 16 for second reading City of Saint Paul Page 8 City Council Minutes - Final December 9, 2015 33 Ord 15-82 Establishing the minimum qualifications for the vacancy for the position of Police Chief pursuant to the provisions of Section 8.01 (a) of the Administrative Code and Section 12.12.1 of the Saint Paul City Charter. Councilmember Bostrom has an amendment for the experience they are looking for. (He circulated the amendment and read it.) They have to have the best of the best, and the person has to have demonstrated the capacity to lead. Council President Stark said he supports the first part of the change. He is concerned about the 500 sworn officers. That would limit the pool. It is likely the majority will come from within anyway. It would be good to leave it somewhat open. They can talk in the next few weeks about more data. 500 is a little too restrictive. He understands the reason behind it. Councilmember Finney said the police chief has to be able to come in and hit the ground working. Having to deal with diversity of police officers, communities diverse by culture, race, economics. These things are challenging to police officers. The person that comes in cannot be from junior varsity. They have to come from a large city. It may limit to Minneapolis, Saint Paul, and state, but it opens up to police from large jurisdictions. They have thought about this long and hard. Certainly an organization that has 100 is too small. Maybe we can argue about numbers. Bostrom moved the amendment. 5 in favor, one opposed (Stark) The amendment is approved and ordinance is laid over to December 16 for second reading Amended and laid over to December 16 for second reading Yea: 5- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert and Councilmember Finney Nay: 1- City Council President Stark Absent: 1- Councilmember Brendmoen For Reconsideration 34 Ord 15-62 Amending Chapter 33 of the Legislative Code pertaining to Establishment of Permit Fees and Certificate of Compliance. Amended and laid over to December 16 for public hearing Yea: 6- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Brendmoen City of Saint Paul Page 9 City Council Minutes - Final December 9, 2015 ADJOURNMENT The meeting was adjourned at 4:21 p.m. Yea: 6- Councilmember Bostrom, Councilmember Thao, Councilmember Thune, Councilmember Tolbert, Councilmember Finney and City Council President Stark Nay: 0 Absent: 1- Councilmember Brendmoen 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 10