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 Rebecca Noecker Councilmember Jane L. Prince Councilmember Dai Thao Councilmember Chris Tolbert Wednesday, August 24, 2016 3:30 PM Council Chambers - 3rd Floor There will be no meeting on August 31, the fifth Wednesday of the month. ROLL CALL The meeting was called to order by Council President Stark at 3:35 p.m. Councilmembers Noecker, Brendmoen, and Bostrom excused Present 4 - Councilmember Dai Thao, Councilmember Chris Tolbert, City Council President Russ Stark and Councilmember Jane L. Prince Absent 3 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen and Councilmember Rebecca Noecker COMMUNICATIONS & RECEIVE/FILE 1 CO 16-52 Letters from the Department of Safety and Inspections declaring 776 Desoto Street and 778 Jessie Street as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Received and filed 2 CO 16-51 Letter from the Department of Safety and Inspections declaring 896 Cottage Avenue East a nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Received and filed City of Saint Paul Page 1 City Council Minutes - Final August 24, 2016 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 Approval of the Consent Agenda Item 11 was withdrawn. Councilmember Tolbert moved approval of the Consent Agenda as amended. Consent Agenda adopted as amended Yea: 4- Councilmember Thao, Councilmember Tolbert, City Council President Stark and Councilmember Prince Nay: 0 Absent: 3- Councilmember Bostrom, Councilmember Brendmoen and Councilmember Noecker 3 RES 16-1232 Approving assessment costs and setting date of City Council public hearing to ratify the assessments for the University Avenue - Robert Street to 12th Street paving and lighting project constructed as part of the 2016 St. Paul Street Paving Program (SPS). (File No. 19187, Assessment No. 165209) Adopted 4 RES 16-1228 Approving assessment costs and setting date of City Council public hearing to ratify the assessments for the Como/Chatsworth, Phase II paving and lighting project constructed as part of the 2016 St. Paul Street Paving Program (SPS). (File No. 19189, Assessment No. 165205) Adopted 5 RES 16-1230 Approving assessment costs and setting date of City Council public hearing to ratify the assessments for the Como/Chatsworth, Phase I, Part B paving and lighting project constructed as part of the 2015 St. Paul Street Paving Program (SPS). (File No. 19167 PHASE2, Assessment No. 155205) Adopted 6 RES 16-1463 Approving the Mayor’s reappointments of Tom Reding and Georgie Kadir Kabeto to serve on the Saint Paul Public Housing Agency Board of Commissioners. Adopted City of Saint Paul Page 2 City Council Minutes - Final August 24, 2016 7 RES 16-1472 Approving the Mayor’s appointments of Rafael Espinosa, Clara Haycraft, and SuChann Yang, and reappointments of Susan Bishop and Andy Trcka to serve on the Parks and Recreation Commission. Adopted 8 RES 16-1465 Accepting the gift of the cost of airfare, lodging, and some meal expenses from the Aspen Institute, for Scott Cordes, Director of Budget and Innovation, and Jessica Brokaw, Deputy Director of Procurement, to attend CityLab 2016. Adopted 9 RES 16-1447 Authorizing the Police Department to enter into an agreement with Minnesota State Colleges, Dakota County Technical College, that includes an indemnification clause. Adopted 10 RES 16-1431 Approving a waiver of the 45-day notification requirement in order to issue a Wine On Sale and a Malt On Sale (Strong) license to Tori, LLC, d/b/a Tori Ramen (License ID #20160002323) at 161 Victoria Street North. Adopted 11 RES 16-1430 Approving adverse action against the Cigarette/Tobacco license held by Jubilee St Marie’s of St Paul, d/b/a Jubilee - St. Marie’s at 101 Fifth Street East. (To be withdrawn) Withdrawn City of Saint Paul Page 3 City Council Minutes - Final August 24, 2016 FOR DISCUSSION 12 RES 16-1462 Initiating an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 2 regulating “temporary family healthcare dwellings” pending the effective date of a separate ordinance regulating the same subject to be adopted in compliance with City Charter § 6.05. Travis Bistodeau, Department of Safety and Inspections, gave a staff report. Council President Stark said this was a new state law that provided only a short turn around time for the City to deal with the issue. He moved approval of the resolution. Adopted Yea: 4- Councilmember Thao, Councilmember Tolbert, City Council President Stark and Councilmember Prince Nay: 0 Absent: 3- Councilmember Bostrom, Councilmember Brendmoen and Councilmember Noecker 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. First Reading 13 Ord 16-36 Adopting an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 pending the completion of a zoning study and actions based upon the study including amending the City’s official controls as they may pertain to the regulation of “temporary family healthcare dwellings” as permitted residential uses. Laid over to September 7 for second reading 14 Ord 16-32 Amending Chapter 33 of the Saint Paul Legislative Code pertaining to Establishment of Permit Fees. Laid over to September 7 for second reading 15 Ord 16-33 Amending Chapter 39 of the Saint Paul Legislative Code pertaining to Smoke Alarms and Carbon Monoxide Alarms in Certain Buildings. Laid over to September 7 for second reading 16 Ord 16-34 Amending Chapter 40 of the Saint Paul Legislative Code pertaining to Fire Certificate of Occupancy. Laid over to September 7 for second reading City of Saint Paul Page 4 City Council Minutes - Final August 24, 2016 17 Ord 16-35 Amending Chapter 55 of the Saint Paul Legislative Code pertaining to the Fire Code. Laid over to September 7 for second reading Final Adoption 18 Ord 16-27 Amending Chapter 153 of the Legislative Code regarding Traffic Code - Various Offenses to add a prohibition against the use of engine braking by drivers on Interstate 94. Councilmember Prince moved approval of the resolution. Adopted Yea: 4- Councilmember Thao, Councilmember Tolbert, City Council President Stark and Councilmember Prince Nay: 0 Absent: 3- Councilmember Bostrom, Councilmember Brendmoen and Councilmember Noecker PUBLIC HEARING City of Saint Paul Page 5 City Council Minutes - Final August 24, 2016 19 Ord 16-29 Amending Legislative Code Title XXIII, reserved Chapter 233, pertaining to Public Health, Safety and Welfare by adopting language requiring Saint Paul employers to provide earned safe and sick time for their workers in Saint Paul. Council President Stark said after review of some language brought in the previous week, some clean-up language had been brought forward to clarify that the private right of action was solely in the case of retaliation. He said Councilmember Tolbert would be bringing forward the amendment. He said the Charter did require that the language lay over again. Councilmember Tolbert said the language brought in the previous week did not line up with the intent of the amendment, and this was to make Councilmember Thao’s intent clear. He moved the amendment. Council President Stark spoke in support; he said it was important that their intent was expressed clearly in the ordinance. Vote on Amendment: Yeas - 4 Nays - 0 In opposition to the amendments: Nick Closmore (788 Grand Avenue) Mike Schumann (541 Dayton Avenue; business at 1039 Grand Avenue) Gary Huffman (1283 Lincoln Avenue) Tom Casper (1826 Jefferson Avenue) In support: Reverend Oby Ballinger (1515 Sherburne Avenue) Aaron Sinner (1352 Osceola Avenue) Lyle Nelson (334 Cherokee W.) Deanna Sande (1181 Edgecumbe Road) Christy Hall (550 Rice Street) Erika Sanders (2005 Lincoln Avenue) Shannon Forney (no address given) Nyijaah Monn (3406 Penn Avenue S.) Council President Stark said he appreciated everyone coming and contributing to the process. Councilmember Prince said she knew it was frustrating to have to wait, but she was glad the Council was making the amendment on the advice of counsel to make the intentions clear. Councilmember Tolbert moved to close the public hearing and lay the matter over. He thanked everyone on both sides of the issue. He said if the ordinance was passed the implementation date was July 2017 regardless of whether it was laid over, and it was important that the ordinance read as intended. Amended; public hearing closed; laid over to September 7 Yea: 4- Councilmember Thao, Councilmember Tolbert, City Council President Stark and Councilmember Prince Nay: 0 Absent: 3- Councilmember Bostrom, Councilmember Brendmoen and Councilmember Noecker City of Saint Paul Page 6 City Council Minutes - Final August 24, 2016 SUSPENSION ITEM Councilmember Prince moved suspension of the rules. Rules suspended Yea: 4- Councilmember Thao, Councilmember Tolbert, City Council President Stark and Councilmember Prince Nay: 0 Absent: 3- Councilmember Bostrom, Councilmember Brendmoen and Councilmember Noecker RES 16-1489 Expressing solidarity with Indigenous Resistance to the Dakota Access Pipeline. Councilmember Prince made described the resolution, and introduced, Barry Frantom, who spoke about the pipeline project and its potential impact on the population. Councilmember Prince moved approval of the resolution. Council President Stark thanked everyone for coming down. He said items coming in at the last minute were difficult because he liked to get as much information as possible, but after hearing the story and taking time over the past 24 hours to read about it, he was in full support of the resolution. Adopted Yea: 4- Councilmember Thao, Councilmember Tolbert, City Council President Stark and Councilmember Prince Nay: 0 Absent: 3- Councilmember Bostrom, Councilmember Brendmoen and Councilmember Noecker ADJOURNMENT Councilmember Prince moved adjournment. Meeting adjourned at 4:32 p.m. Yea: 4- Councilmember Thao, Councilmember Tolbert, City Council President Stark and Councilmember Prince Nay: 0 Absent: 3- Councilmember Bostrom, Councilmember Brendmoen and Councilmember Noecker City of Saint Paul Page 7 City Council Minutes - Final August 24, 2016 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