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City Council

Regular Meeting

St. Paul, MN · June 28, 2017

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Minutes

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, June 28, 2017 3:30 PM Council Chambers - 3rd Floor There will be no meeting on Wednesday, July 5. ROLL CALL The meeting was called to order by Council President Stark at 3:31 p.m. Present 7 - Councilmember Dan Bostrom, City Council President Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Russ Stark, Councilmember Rebecca Noecker and Councilmember Jane L. Prince COMMUNICATIONS & RECEIVE/FILE 1 CO 17-39 Letter from the Department of Safety and Inspections declaring 880 Clark Street a nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Received and Filed 2 AO 17-47 Authorizing the Department of Emergency Management to pay for all costs for Emergency Management training and/or costs associated with the operation of the Emergency Operations Center during emergencies and declared disasters. Received and Filed 3 AO 17-49 Amending the 2017 PED Operations budget to re-allocate budget from full time certified account to out of town registration, membership dues, and lodging; and to re-allocate budget from Lodging-history to transportation account. Received and Filed City of Saint Paul Page 1 City Council Minutes - Final June 28, 2017 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 Councilmember Bostrom moved approval of the Consent Agenda. Consent Agenda adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 4 RES 17-1002 Requesting a study analyzing the impact of moving the Street Maintenance Service Program to the General Fund. Adopted 5 RES 17-903 Approving assessment costs and setting date of City Council public hearing to ratify the assessment for sidewalk improvements along the east side of Chatsworth Street North from Como Avenue to Como Boulevard West. (File No. S1504, Assessment No. 155304) Adopted 6 RES 17-976 Approving the Mayor’s appointment of Adam M. Niblick to serve on the Pension Plan Committee of the Housing and Redevelopment Authority. Adopted 7 RES 17-955 Approving an upgrade to a Liquor-Outdoor Service Area (Sidewalk) license with an additional license condition to Rich Pour Enterprises, LLC, d/b/a The Blue Door Pub (License ID #20080002256) at 1811 Selby Avenue. Adopted 8 RES 17-960 Approving a waiver of the 45-day notification period for the issuance of a Wine On Sale and Malt On Sale (Strong) licenses with conditions to O’Reilly Custom 2 LLC, d/b/a Delicata Pizza & Gelato (License ID #20170002076) at 1341 Pascal Street North. Adopted City of Saint Paul Page 2 City Council Minutes - Final June 28, 2017 9 RES 17-992 Approving a Liquor-Outdoor Service Area (Patio) license with one condition for Filter Brewing Company, LLC, d/b/a Dual Citizen Brewing Company (License ID #20170000657) at 725 Raymond Avenue. Adopted FOR DISCUSSION 10 SR 17-82 Presentation by Police Chief Todd Axtell. Chief Axtell spoke about the Police Department concerns and various topics. Received and Filed 11 SR 17-64 Presentation by the Emergency Management Accreditation Program (EMAP) Commission honoring the City of Saint Paul's Emergency Management Program. Council President Stark congratulated Rick Larkin and outside agencies. This is the first accredited emergency management in the state. Rick Larkin appeared and said he is wearing the formal dress uniform that reflects the formality of this event. Those wearing the uniform are proud to represent the community and do not take that duty for granted. Larkin said the motto was to create a national logo for emergency management. They are privileged in the City to look out for those emergency items. The slogans are public safety and trust. (Larkin introduced his staff.) (Video was shown.) Larkin said they are the only city to receive this level of validation. Mayor Coleman appeared. (Pictures taken) Mayor Coleman accepted this on behalf of the City of Saint Paul. Public Safety is number 1. Rick Larkin has been able to lead the department lean and mean. To get to this level of recognition is not easy. Saint Paul is not afraid to ask how can we do this better. It does not happen without leadership. He congratulated Rick Larkin and the entire team. Larkin said this is a shared award. This is a City award. Councilmember Thao asked does this accreditation have an impact on business. Larkin responded commercial insurance rates are impacted. Insurers and federal government do not recognize this as a financial incentive. Received and Filed City of Saint Paul Page 3 City Council Minutes - Final June 28, 2017 12 RES 17-994 Directing the creation of a Fair Housing Workgroup. Councilmember Brendmoen moved Version 2. Motion carried. Brendmoen said this is an effort to form a work group to take this addendum and recommendations. They have identified members of this work group. They will begin in 45 days to be completed by the end of the year. Council President Stark said there are a lot of recommendations. Adopted as amended Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 13 RES 17-871 Approving the revision to the Workplace Conduct Policy. (Laid over from June 21 and June 28) Council President Stark moved a four week layover. He had more recommendations. Laid over to July 26, 2017 Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 14 RLH RR 17-12 Ordering the rehabilitation or razing and removal of the structures at 544 MINNEHAHA AVENUE WEST within one hundred eighty (180) days after the June 21, 2017, City Council Public Hearing. (Public hearing held June 21) Marcia Moermond, Legislative Hearing Officer, recommends 180 days for rehabilitation of the property. Councilmember Thao moved this recommendation. Adopted as amended (180 days for rehabilitation of the property) Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 4 City Council Minutes - Final June 28, 2017 15 RLH SAO 17-48 Making finding on the appealed nuisance abatement ordered for 541 CASE AVENUE in Council File RLH SAO 17-30. (Public hearing held June 21) Marcia Moermond, Legislative Hearing Officer, reported this was laid over so the Code Enforcement inspector could take photographs. The yard is substantially cleaned up, but there are building materials: river rock, patio pavers, and flagstone for patio use along with plastic buckets. Recommendation: Council propose movement of the buckets and any containers that gather water and be a mosquito breeding ground, but allow construction materials to continue to be in place. Councilmember Brendmoen is recommending until July 1 for them to continue to be used. Amendments are in Legistar. Adopted as amended Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince 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 16 Ord 17-21 Amending Chapter 409 of the Saint Paul Legislative Code to allow for intoxicating liquor off-sale on Sunday. Council President Stark moved approval. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Second Reading 17 Ord 17-22 Amending Chapter 11 of the Administrative Code pertaining to HREEO department functions and director authority. Laid Over to July 19 for third reading and public hearing First Reading City of Saint Paul Page 5 City Council Minutes - Final June 28, 2017 18 Ord 17-24 Amending Chapter 329.02 of the Saint Paul Legislative Code pertaining to False Alarm Fee Increases. Laid Over to July 12 for second reading 19 Ord 17-25 Amending Chapter 310.18 of the Saint Paul Legislative Code pertaining to the Alarm Permit License Fee. Laid Over to July 12 for second reading SUSPENSION ITEM Rules Suspended Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 RES 17-969 Authorizing the City to enter into a Cooperative Construction Agreement #1028296 with the Minnesota Department of Transportation (“MnDOT” or “State”) to provide for payment by the City to the State for the design and construction of improvements to, along and adjacent to Trunk Highway No. 149 from George Street to West 7th Street (TH5) according to State prepared plans specifications and special provisions; and to authorize the proper city officials to execute the agreement. Councilmember Noecker moved the resolution and explained that final signing had to be done today otherwise a one year project would be 2 years. Adopted Yea: 7- Councilmember Bostrom, City Council President Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 ADJOURNMENT The meeting was adjourned at 4:30 p.m. City of Saint Paul Page 6 City Council Minutes - Final June 28, 2017 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). Council members 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) Many people are extremely sensitive to scented products. Please refrain from wearing or using fragrances such as perfumes, lotions, aftershave, scented aerosol products, and other such products. City of Saint Paul Page 7

Agenda

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Council Chambers - 3rd Floor Meeting Agenda 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, June 28, 2017 3:30 PM Council Chambers - 3rd Floor There will be no meeting on Wednesday, July 5. ROLL CALL COMMUNICATIONS & RECEIVE/FILE 1 CO 17-39 Letter from the Department of Safety and Inspections declaring 880 Clark Street a nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Sponsors: Brendmoen Attachments: 880 Clark St.OTA 6-16-17 2 AO 17-47 Authorizing the Department of Emergency Management to pay for all costs for Emergency Management training and/or costs associated with the operation of the Emergency Operations Center during emergencies and declared disasters. Attachments: Financial Detail AO 17-47 3 AO 17-49 Amending the 2017 PED Operations budget to re-allocate budget from full time certified account to out of town registration, membership dues, and lodging; and to re-allocate budget from Lodging-history to transportation account. Attachments: 2017 Financial Analysis PED Operations Goff-membership dues change 6-13-17 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. 4 RES Requesting a study analyzing the impact of moving the Street 17-1002 Maintenance Service Program to the General Fund. Sponsors: Noecker, Brendmoen and Prince 5 RES 17-903 Approving assessment costs and setting date of City Council public City of Saint Paul Page 1 Printed on 6/28/2017 City Council Meeting Agenda June 28, 2017 hearing to ratify the assessment for sidewalk improvements along the east side of Chatsworth Street North from Como Avenue to Como Boulevard West. (File No. S1504, Assessment No. 155304) Sponsors: Stark Attachments: Report of Completion Assessment Roll 6 RES 17-976 Approving the Mayor’s appointment of Adam M. Niblick to serve on the Pension Plan Committee of the Housing and Redevelopment Authority. Sponsors: Stark 7 RES 17-955 Approving an upgrade to a Liquor-Outdoor Service Area (Sidewalk) license with an additional license condition to Rich Pour Enterprises, LLC, d/b/a The Blue Door Pub (License ID #20080002256) at 1811 Selby Avenue. Sponsors: Stark Attachments: Good Faith letters Petition percentage calculation Union Park District Council letter Signed license conditions 8 RES 17-960 Approving a waiver of the 45-day notification period for the issuance of a Wine On Sale and Malt On Sale (Strong) licenses with conditions to O’Reilly Custom 2 LLC, d/b/a Delicata Pizza & Gelato (License ID #20170002076) at 1341 Pascal Street North. Sponsors: Stark Attachments: Delicata Pizza & Gelato - District 10 Como Community Council letter Delicata Pizza & Gelato - signed license conditions 9 RES 17-992 Approving a Liquor-Outdoor Service Area (Patio) license with one condition for Filter Brewing Company, LLC, d/b/a Dual Citizen Brewing Company (License ID #20170000657) at 725 Raymond Avenue. Sponsors: Stark Attachments: Signed license condition affidavit dated April 30th 2017 Petition results and good faith emails FOR DISCUSSION 10 SR 17-82 Presentation by Police Chief Todd Axtell. Sponsors: Stark 11 SR 17-64 Presentation by the Emergency Management Accreditation Program (EMAP) Commission honoring the City of Saint Paul's Emergency Management Program. Sponsors: Stark Attachments: Emergency Management Commission letter 5-17 City of Saint Paul Page 2 Printed on 6/28/2017 City Council Meeting Agenda June 28, 2017 EMAP Accreditation Brief for City Council- 6-28-17 Milestones in Department of Emergency Management History - April 2007 to June 2017 EMAP Presentation Agenda - City Council June 28 2017 12 RES 17-994 Directing the creation of a Fair Housing Workgroup. Sponsors: Brendmoen Attachments: Link to Addendum to 2014 Regional AI May 2017 13 RES 17-871 Approving the revision to the Workplace Conduct Policy. (Laid over from June 21) Sponsors: Stark Attachments: St Paul Revised WPC Policy 05262017 Balfanz Email St. Paul Supervisor's Organization Email Walther email 14 RLH RR Ordering the rehabilitation or razing and removal of the structures at 544 17-12 MINNEHAHA AVENUE WEST within one hundred eighty (180) days after the June 21, 2017, City Council Public Hearing. (Public hearing held June 21) Sponsors: Thao Attachments: 544 Minnehaha Ave W.OTA 3-6-17 544 Minnehaha Ave W.PH 4-21-17 544 Minnehaha Ave W.Expired Code Compliance Report 9-8-15 544 Minnehaha Ave W.SHPO Form 3-15-17 544 Minnehaha Ave W.Photos 3-2-17 544 Minnehaha Ave W.Photos.5-2-17 544 Minnehaha Ave W.Jackson-Foreman R-R Ltr.5-25-17.doc 544 Minnehaha Ave W.Contractor Agrmt.6-13-17.pdf 544 Minnehaha Ave W.Closing Statement.6-13-17.pdf 544 Minnehaha Ave W.Escrow Agrmt.pdf 544 Minnehaha Ave W.Property Tax Pymt Confirmation.6-13-17 544 Minnehaha Ave W.chain emails.6-13-17.pdf 544 Minnehaha Ave W.Jackson-Foreman R-R Ltr.6-14-17.doc 544 Minnehaha Ave W.TC Land Bank Commitment Letter.6-23-17 15 RLH SAO Making finding on the appealed nuisance abatement ordered for 541 17-48 CASE AVENUE in Council File RLH SAO 17-30. (Public hearing held June 21) Sponsors: Brendmoen Attachments: 541 Case Ave.Norwood Ltr.5-2-17.doc 541 Case Ave.Photos.6-5-17.pdf City of Saint Paul Page 3 Printed on 6/28/2017 City Council Meeting Agenda June 28, 2017 541 Case Ave.Norwood Ltr.6-8-17.doc 541 Case Ave.Inspection Photos.6-12-17.pdf 541 Case Ave.Seeley email.6-19-17.pdf 541 Case Ave.Photos.6-19-17.pdf 541 Case Ave.Norwood Ltr.6-19-17.doc 541 Case Ave.Owner Photos.6-21-17.pdf 541 Case Ave.Photos.6-28-17 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 16 Ord 17-21 Amending Chapter 409 of the Saint Paul Legislative Code to allow for intoxicating liquor off-sale on Sunday. Sponsors: Stark Second Reading 17 Ord 17-22 Amending Chapter 11 of the Administrative Code pertaining to HREEO department functions and director authority. Sponsors: Tolbert First Reading 18 Ord 17-24 Amending Chapter 329.02 of the Saint Paul Legislative Code pertaining to False Alarm Fee Increases. Sponsors: Stark Attachments: Sec._329.02.___Use_of_alarm_systems. 19 Ord 17-25 Amending Chapter 310.18 of the Saint Paul Legislative Code pertaining to False Alarm Fee Increase. Sponsors: Stark Attachments: Sec._310.18.___License_fee_schedule. City of Saint Paul Page 4 Printed on 6/28/2017 City Council Meeting Agenda June 28, 2017 SUSPENSION ITEMS RES 17-969 Authorizing the City to enter into a Cooperative Construction Agreement #1028296 with the Minnesota Department of Transportation (“MnDOT” or “State”) to provide for payment by the City to the State for the design and construction of improvements to, along and adjacent to Trunk Highway No. 149 from George Street to West 7th Street (TH5) according to State prepared plans specifications and special provisions; and to authorize the proper city officials to execute the agreement. Sponsors: Noecker Attachments: MnDOT Agreement # 1028296 - High Bridge 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). Council members 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) Many people are extremely sensitive to scented products. Please refrain from wearing or using fragrances such as perfumes, lotions, aftershave, scented aerosol products, and other such products. City of Saint Paul Page 5 Printed on 6/28/2017