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City Council

Regular Meeting

St. Paul, MN · August 9, 2017

AgendaMinutes

Minutes

City Hall and Court House City of Saint Paul 15 West Kellogg Boulevard Council Chambers - 3rd Floor Minutes - Final 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 9, 2017 3:30 PM Council Chambers - 3rd Floor ROLL CALL The meeting was called to order by Council President Stark at 3:32 p.m. Council members Noecker and Prince excused Present 5 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert and Councilmember Russ Stark Absent 2 - Councilmember Rebecca Noecker and Councilmember Jane L. Prince 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 1 - 19) Items 1 and 6 were removed from the Consent Agenda for separate consideration. Item 7 was withdrawn. Consent Agenda adopted as amended Yea: 5- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert and Councilmember Stark Nay: 0 Absent: 2- Councilmember Noecker and Councilmember Prince 2 RES 17-1212 Approving the Mayor’s appointment of Paul Nikstad and reappointment of Danielle Taylor to serve on the Workforce Innovation Board. Adopted City of Saint Paul Page 1 City Council Minutes - Final August 9, 2017 3 RES 17-1213 Approving the Mayor’s appointment of Maureen Hartman to serve on the Saint Paul Neighborhood Network (SPNN) Board of Directors. Adopted 4 RES 17-1214 Approving the Mayor’s reappointment of David Ybarra to serve on the District Energy Board of Directors. Adopted 5 RES 17-1215 Approving the Mayor’s appointments of John Marshall and Donald Mullin, and reappointments of Council members Dan Bostrom and Dai Thao to serve on the Saint Paul Port Authority Board of Directors. Adopted 7 RES 17-1189 Authorizing the Department of Parks and Recreation to work with the Saint Paul Garden Club to remove plants in Rice Park and to sell the plants, with the funds raised being returned to the City for use in the renovation of Rice Park. (To be withdrawn.) Withdrawn 8 RES 17-1203 Approving assignment of STAR funds for the Schmidt Rathskeller Building Project from West 7th/Fort Road Federation, Inc. to Rathskeller Renaissance, LLC (District 9, Ward 2). Adopted 9 RES 17-1165 Authorizing the Police Department to accept a donation of fishing equipment from Cabela's, Woodbury, MN for the Police Athletic League program. Adopted 10 RES 17-1166 Authorizing the Police Department to enter into the State and Local Task Force Agreement with the U.S. Drug Enforcement Agency (DEA). Adopted 11 RES 17-1167 Accepting the donation of travel expenses, transportation, lodging, and meals from the Anti-Defamation League (ADL), for Chief Todd Axtell to attend an educational seminar in Israel for U.S. law enforcement executives from September 9 to 17, 2017. Adopted City of Saint Paul Page 2 City Council Minutes - Final August 9, 2017 12 RES 17-1171 Authorizing the Police Department to accept a grant from the Corporation for National and Community Services through ServeMinnesota for the Law Enforcement Career Path Academy Program. Adopted 13 RES 17-1127 Approving Trunk Highway Routine Maintenance Agreement Number 1028227 between the City of Saint Paul and the State of Minnesota, effective July 1, 2017 to June 30, 2019. Adopted 14 RES 17-1190 Approving adverse action against the Dance or Rental Halls license held by Lao Family Community of Minnesota at 320 University Avenue West. Adopted 15 RES 17-1188 Approving adverse action against the Taxicab Driver (Provisional) license held by Mark Arthur Johnson. Adopted 16 RES 17-1175 Approving adverse action against the Taxicab Driver license held by Gashaw Mulugeta Debela. Adopted 17 RES 17-1174 Approving adverse action against the Second Hand Dealer - Motor Vehicle and Auto Repair Garage licenses held by Phoenix Auto, d/b/a 3B Auto Sales at 1176 Dale Street North. Adopted 18 RES 17-1191 Sustaining adverse action against the Cigarette/Tobacco license held by Payne EZ Market at 1132 Payne Avenue. Adopted 19 RES 17-1198 Approving a Liquor-Outdoor Service Area (Sidewalk) license along with Entertainment A, Liquor On Sale - 291 or more Seats, and Liquor On Sale-Sunday licenses with four (4) conditions to Hygge Life Café LLC, d/b/a Hygge Life Café (License ID #20170002271) at 213 - 4th Street East. Adopted FOR DISCUSSION City of Saint Paul Page 3 City Council Minutes - Final August 9, 2017 1 RES 17-1228 Declaring August 25, 2017 as Hamline Church Dining Hall Day in the City of Saint Paul. Council President Stark invited representatives of Hamline Church to the podium and spoke about the history of the dining hall. A representative from the church made brief comments and thanked the Council for the recognition. Council President Stark moved approval of the resolution. Adopted Yea: 5- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert and Councilmember Stark Nay: 0 Absent: 2- Councilmember Noecker and Councilmember Prince City of Saint Paul Page 4 City Council Minutes - Final August 9, 2017 6 RES 17-1226 Approving the Mayor’s appointments of Daria Caldwell, Kristen Clark, Sasha Cotton, Eric Forstrom, Kaohly Her, Richard Heydinger, Rachel Sullivan-Nightengale and Constance Tuck to serve on the Police Civilian Internal Affairs Review Commission (PCIARC). Councilmember Tolbert said he had some concerns, and he requested additional information from Deputy Mayor Kristin Beckmann. Deputy Mayor Beckmann provided information and answered Council members questions. Councilmember Bostrom asked for a two-week layover so the Council could review the whole package. Council President Stark spoke against a layover and there would be no value in slowing down the appointment process. Councilmember Brendmoen said she agreed, and appreciated the work of the administration. Councilmember Tolbert confirmed with Ms. Beckmann that the SOP would be signed off by the City Attorney's Office, HREEO, and the administration prior to the next meeting. Council President Stark moved approval. Councilmember Bostrom spoke in opposition. Councilmembers Thao and Brendmoen spoke in support. Adopted Yea: 4- Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert and Councilmember Stark Nay: 1- Councilmember Bostrom Absent: 2- Councilmember Noecker and Councilmember Prince 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 17-16 Opting out of the requirements of Minn. Stat. § 462.3593 by reenacting reserved Legislative Code Chapter 14A for the purpose of complying with Minn. Stat. § 462.3593, Subd. 9 regarding temporary family health care dwellings. Council President Stark moved approval. Adopted Yea: 5- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert and Councilmember Stark Nay: 0 City of Saint Paul Page 5 City Council Minutes - Final August 9, 2017 Absent: 2- Councilmember Noecker and Councilmember Prince 21 Ord 17-23 Granting the application of 495 Kenny Road LLC to rezone property at 495 Kenny Road from I1 Light Industrial to IT Transitional Industrial, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. Councilmember Brendmoen moved approval. Adopted Yea: 5- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert and Councilmember Stark Nay: 0 Absent: 2- Councilmember Noecker and Councilmember Prince 22 Ord 17-26 Granting the application of IAF Beacon I LLC to rezone a portion of 777 Forest Street North from I1 Light Industrial to I2 General Industrial, to become part of the railroad ROW, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. Councilmember Bostrom moved approval. Adopted Yea: 5- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert and Councilmember Stark Nay: 0 Absent: 2- Councilmember Noecker and Councilmember Prince Second Reading 23 Ord 17-30 Granting the application of R2C LLC to rezone property at 1051 Arkwright Street 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. Laid over to August 16 for third reading/public hearing ADJOURNMENT Councilmember Tolbert moved adjournment. Meeting adjourned at 3:50 p.m. Yea: 5- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert and Councilmember Stark Nay: 0 City of Saint Paul Page 6 City Council Minutes - Final August 9, 2017 Absent: 2- Councilmember Noecker and Councilmember Prince 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) 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, August 9, 2017 3:30 PM Council Chambers - 3rd Floor ROLL CALL 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. 1 RES Declaring August 25, 2017 as Hamline Church Dining Hall Day in the 17-1228 City of Saint Paul. Sponsors: Stark 2 RES Approving the Mayor’s appointment of Paul Nikstad and reappointment 17-1212 of Danielle Taylor to serve on the Workforce Innovation Board. Sponsors: Stark Attachments: WIB Appointee -August 2017 3 RES Approving the Mayor’s appointment of Maureen Hartman to serve on the 17-1213 Saint Paul Neighborhood Network (SPNN) Board of Directors. Sponsors: Stark Attachments: SPNN Appointee -August 2017 4 RES Approving the Mayor’s reappointment of David Ybarra to serve on the 17-1214 District Energy Board of Directors. Sponsors: Stark 5 RES Approving the Mayor’s appointments of John Marshall and Donald 17-1215 Mullin, and reappointments of Council members Dan Bostrom and Dai Thao to serve on the Saint Paul Port Authority Board of Directors. Sponsors: Stark Attachments: Port Authority Appointees -August 2017 City of Saint Paul Page 1 Printed on 8/8/2017 City Council Meeting Agenda August 9, 2017 6 RES Approving the Mayor’s appointments of Daria Caldwell, Kristen Clark, 17-1226 Sasha Cotton, Eric Forstrom, Kaohly Her, Richard Heydinger, Rachel Sullivan-Nightengale and Constance Tuck to serve on the Police Civilian Internal Affairs Review Commission (PCIARC). Sponsors: Stark Attachments: PCIARC Appointees -August 2017 7 RES Authorizing the Department of Parks and Recreation to work with the 17-1189 Saint Paul Garden Club to remove plants in Rice Park and to sell the plants, with the funds raised being returned to the City for use in the renovation of Rice Park. (To be withdrawn.) Sponsors: Noecker 8 RES Approving assignment of STAR funds for the Schmidt Rathskeller 17-1203 Building Project from West 7th/Fort Road Federation, Inc. to Rathskeller Renaissance, LLC (District 9, Ward 2). Sponsors: Noecker 9 RES Authorizing the Police Department to accept a donation of fishing 17-1165 equipment from Cabela's, Woodbury, MN for the Police Athletic League program. Sponsors: Stark Attachments: Cabela's Donation - Fishing Equipment 10 RES Authorizing the Police Department to enter into the State and Local 17-1166 Task Force Agreement with the U.S. Drug Enforcement Agency (DEA). Sponsors: Stark Attachments: US Drug Enforcement Agency Task Force 11 RES Accepting the donation of travel expenses, transportation, lodging, and 17-1167 meals from the Anti-Defamation League (ADL), for Chief Todd Axtell to attend an educational seminar in Israel for U.S. law enforcement executives from September 9 to 17, 2017. Sponsors: Stark 12 RES Authorizing the Police Department to accept a grant from the 17-1171 Corporation for National and Community Services through ServeMinnesota for the Law Enforcement Career Path Academy Program. Sponsors: Stark Attachments: Corporation for National and Community Service, ServeMinnesota City of Saint Paul Page 2 Printed on 8/8/2017 City Council Meeting Agenda August 9, 2017 13 RES Approving Trunk Highway Routine Maintenance Agreement Number 17-1127 1028227 between the City of Saint Paul and the State of Minnesota, effective July 1, 2017 to June 30, 2019. Sponsors: Stark Attachments: 2017-2019 St Paul Routine Trunk Highway Maint Agreement Financial Analysis 14 RES Approving adverse action against the Dance or Rental Halls license held 17-1190 by Lao Family Community of Minnesota at 320 University Avenue West. Sponsors: Thao Attachments: Notice of Intent to Suspend License with Affidavit of Service.pdf SPLC Section 310.05(m) - Presumptive Penalties 15 RES Approving adverse action against the Taxicab Driver (Provisional) 17-1188 license held by Mark Arthur Johnson. Sponsors: Stark Attachments: Notice of Intent to Revoke License with Affidavit of Service.pdf SPLC Section 376.15-Taxicab drivers license. 16 RES Approving adverse action against the Taxicab Driver license held by 17-1175 Gashaw Mulugeta Debela. Sponsors: Stark Attachments: Notice of Intent to Revoke License with Affidavit of Service.pdf SPLC Section 376.15-Taxicab drivers license. 17 RES Approving adverse action against the Second Hand Dealer - Motor 17-1174 Vehicle and Auto Repair Garage licenses held by Phoenix Auto, d/b/a 3B Auto Sales at 1176 Dale Street North. Sponsors: Brendmoen Attachments: Notice of Violation with Affidavit of Service.pdf Letter from District 6 recommending $500 penalty.pdf SPLC Section 310.05(m) - Presumptive Penalties 18 RES Sustaining adverse action against the Cigarette/Tobacco license held by 17-1191 Payne EZ Market at 1132 Payne Avenue. Sponsors: Bostrom 19 RES Approving a Liquor-Outdoor Service Area (Sidewalk) license along with 17-1198 Entertainment A, Liquor On Sale - 291 or more Seats, and Liquor On Sale-Sunday licenses with four (4) conditions to Hygge Life Café LLC, d/b/a Hygge Life Café (License ID #20170002271) at 213 - 4th Street East. Sponsors: Noecker Attachments: Hygge Life Cafe - Signed license conditions dated July 13th 2017 City of Saint Paul Page 3 Printed on 8/8/2017 City Council Meeting Agenda August 9, 2017 FOR DISCUSSION No items 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 17-16 Opting out of the requirements of Minn. Stat. § 462.3593 by reenacting reserved Legislative Code Chapter 14A for the purpose of complying with Minn. Stat. § 462.3593, Subd. 9 regarding temporary family health care dwellings. Sponsors: Stark Attachments: Temp Family Healthcare Dwelling Units Memo to Council 4-20-17 Report to City Council - Temp Family Healthcare Dwelling Unit Study 4-10-17 D10-TFHCDU Opposition Summit HIll Assoc. Letter 21 Ord 17-23 Granting the application of 495 Kenny Road LLC to rezone property at 495 Kenny Road from I1 Light Industrial to IT Transitional Industrial, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. Sponsors: Brendmoen Attachments: PC resolution pcactionminutes061617 ZC draft minutes ZC staff packet 60 day extension 22 Ord 17-26 Granting the application of IAF Beacon I LLC to rezone a portion of 777 Forest Street North from I1 Light Industrial to I2 General Industrial, to become part of the railroad ROW, and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map. Sponsors: Bostrom Attachments: PC resolution pcactionminutes061617 ZC draft minutes ZC staff packet 60 day extension City of Saint Paul Page 4 Printed on 8/8/2017 City Council Meeting Agenda August 9, 2017 Second Reading 23 Ord 17-30 Granting the application of R2C LLC to rezone property at 1051 Arkwright Street 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. Sponsors: Brendmoen Attachments: PC resolution pcactionminutes071417 Draft ZC minutes Staff packet to Zoning Committee 60 day extension 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) 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 8/8/2017