City Council

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, December 13, 2017 3:30 PM Council Chambers - 3rd Floor The Library Board will convene during the City Council meeting. ROLL CALL The meeting was called to order by Council President Stark at 3:31 p.m. Present 7 - Councilmember Dan Bostrom, Councilmember Amy Brendmoen, Councilmember Dai Thao, Councilmember Chris Tolbert, Councilmember Russ Stark, Councilmember Rebecca Noecker and Councilmember Jane L. Prince COMMUNICATIONS & RECEIVE/FILE 1 CO 17-76 Letter from the Department of Safety and Inspections declaring 521-523 Desnoyer Avenue a nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) Received and filed CONSENT AGENDA 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 2 - 21) Item 12 was removed from the Consent Agenda for separate consideration. Councilmember Tolbert moved approval of the Consent Agenda as amended. Consent Agenda adopted as amended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 1 City Council Minutes - Final December 13, 2017 2 RES 17-1874 Approving a one-year extension of the lease for the Department of Human Rights & Equal Economic Opportunity RiverPrint space at 375 Jackson Street. Adopted 3 RES 17-1809 Approving the release of fire access easements over the private property located at 1645 Energy Park Drive. Adopted 4 RES 17-1937 Changing the rate of pay for the classification of City Council Assistant in Grade 002, EG 99, Special Employment. Laid over to December 20 for adoption 5 RES 17-1968 Approving the Collective Bargaining Agreement (January 1, 2018 - December 31, 2020) between the City of Saint Paul and the International Union of Elevator Constructors, Local 9. Laid over to December 20 for adoption 6 RES 17-1834 Changing the rate of pay for the existing classification of Plan Review Supervisor from Grade 016 to Grade 022, EG 09, SPSO. Adopted 7 RES 17-1919 Changing the rate of pay for the classifications of Capital City Intern and EMS Cadet Assistant in Grade 001, EG 99, Special Employment. Adopted 8 RES 17-1920 Changing the rate of pay for the classification of Parks and Recreation Worker in Grade 31H of EG 99, Special Employment. Adopted 9 RES 17-1873 Establishing the rate of pay for the new classification of Parking Manager in EG06, PEA, Grade 018. Adopted 10 RES 17-1972 Approving the Mayor’s appointment of Patrick McQuillan, and reappointments of Mary Morse Marti, Noel Nix, and Paul Raymond to serve on the Capital Improvement Budget Committee. Adopted City of Saint Paul Page 2 City Council Minutes - Final December 13, 2017 11 RES 17-1947 Approving the Mayor’s reappointments of Aquanetta Anderson, Cedrick Baker, Daniel Edgerton, William Lindeke, Kathy Mouacheupao, and John Reich to serve on the Planning Commission. Adopted 13 RES 17-1848 Adopting the Robert Piram Regional Trail Master Plan Amendment and authorizing the submission of said Master Plan to the Metropolitan Council for review and approval. Adopted 14 RES 17-1898 Authorizing the appropriate city officials to enter into a Management Agreement with Envision Hospitality and Catering for Como and Phalen Park golf courses. Adopted 15 RES 17-1938 Authorizing the Department of Parks and Recreation to accept a donation of $925 from Iron Riders Technologies for the purchase of an AED unit for Langford Park Recreation Center. Adopted 16 RES 17-1926 Accepting a license agreement between the City of Saint Paul and the BNSF Railway Company for an underground force main on BNSF property. Adopted 17 RES 17-1969 Approving a bond allocation transfer agreement and related documents, and authorizing carryforward of certain unused private activity bond volume cap, citywide. Adopted 18 RES 17-1941 Approving a waiver of the 45-day notice requirement for an expansion of the indoor liquor service area into an approximately 1,600 square foot space located to the west of and immediately adjacent to the existing liquor service area, with conditions, to Walmont, Inc., d/b/a Tiffany Lounge (License ID #0016211) at 2051 Ford Parkway. Adopted City of Saint Paul Page 3 City Council Minutes - Final December 13, 2017 19 RES 17-1953 Approving a waiver of the 45-day notification waiting period in order to issue Liquor On Sale - 100 seats or less, Liquor On Sale - Sunday, and Liquor-Outdoor Service Area (Patio) licenses with conditions to Ally Hospitality LLC, d/b/a Holman’s Table (License ID #20170003905) at 644 Bayfield Street. Adopted 20 RES 17-1792 Establishing a designated large event zone around Xcel Energy Center during the 2018 National Football League (NFL) Super Bowl LII and related events, where temporary sales, vending, entertainment, signage and related special event permits may be approved or issued by the City of St. Paul after notifying the NFL. Adopted 21 RES 17-1945 Authorizing the Office of Technology and Communications to enter into an agreement with Apple for the creation and maintenance of mobile applications. Adopted FOR DISCUSSION 12 RES 17-1987 Requesting expanded community engagement and draft policy direction on climate action and resiliency. Council President Stark made brief comments and moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 22 RES 17-1998 Urging the United States Congress to oppose the United States House of Representatives Bill 38, the Concealed Carry Reciprocity Act of 2017; and United States Senate Bill 446, the Constitutional Concealed Carry Reciprocity Act of 2017. Councilmember Noecker made brief comments and moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 4 City Council Minutes - Final December 13, 2017 23 APC 17-2 Public hearing to consider the appeal by Listening House of a Planning Commission decision to affirm in part and modify a Zoning Administrator's similar use determination for Listening House to provide services at First Lutheran Church at 464 Maria Avenue subject to 14 conditions. Councilmember Prince said this had been a difficult decision and she had hoped they would not need to make it at the Council table. She read her motion denying the appeal, and summarized her additional motion modifying the conditions set in the Planning Commission decision by delaying the 20-person limit to April 2, 2018. Councilmember Tolbert asked for clarification of what was meant by "about 20" visitors. Council President Stark said that was Planning Commission's language, and Councilmember Prince's motion was accepting it. Councilmember Prince read the language which laid out actions Listening House would have to take if the limit was exceeded. Councilmember Tolbert asked for additional clarification. Bill Dermody, Planning and Economic Development, clarified that the limit of 20 included only accepted guests. He said the condition was worded in such a way that no one would be turned away, but if the limit was exceeded consistently, Listening House would be required to develop a plan to prevent additional occurrences. Councilmember Prince said the other conditions applied to addressing problems with people outside of the facility. Councilmember Noecker said she agreed it was difficult issue and she appreciated Councilmember Prince's attempts to find the very best solution. She said a limit of 20 people per day didn't make sense. She said it wasn't part of the negotiations, and she didn't understand practically how it worked or helped the neighborhood. She said the problems were with those outside the facility, and the service provided in the facility was needed. She said she was supportive of the other conditions and of denying the appeal, but couldn't support the condition that limited it to 20 people. Councilmember Prince said she wanted to be clear that the initial determination of similar use proposed a use which was not the level of intensity of what was brought to the neighborhood by Listening House. She said if the Council was not willing to control the intensity of the use, they should grant the neighbors' appeal. She said it was an RT1 district and the determination of similar use stated it should not have an impact on the residential character of the neighborhood. Councilmember Tolbert asked where the 20-person limit came from. Mr. Dermody said the Planning Commission desired to set a limit, and the 10 people per day at the yoga studio had been working without problems, and they decided to set a somewhat higher limit of 20 at the site. He said there was no study on how something like this might impact the neighborhood, because this was a unique situation. Councilmember Noecker noted that churches were permitted in RT1, and she imagined that church traffic amounted to more than 20 persons per day. She said it (the limit) seemed arbitrary and crippling to Listening House, and she didn't know what a plan to prevent exceeding the limit would look like. City of Saint Paul Page 5 City Council Minutes - Final December 13, 2017 Councilmember Brendmoen said she appreciated the addition of the extension to April 2 for the limit. She said she wanted to understand a little more about the plan if the limit was exceeded, and asked whether that would almost ensure they would have to come back to the table and make a different plan. Mr. Dermody said that was difficult to answer, and one of the main things for the Council to answer, whether they thought 20 was practical. Councilmember Brendmoen said she wasn't asking whether it was practical, but based on what they'd heard, it was going to happen that there'd be more than 20 guests four times in the first month. Mr. Dermody said they would need to come up with a plan to reduce the numbers and come into compliance. Council President Stark said churches and schools were allowed in RT1 districts and could be intense uses, and that raised questions for him about zoning in the future. He said they should have more clarity about what was allowed where, and he felt the city should move towards allowing more things in more places. He said today's case was based on the current zoning code and whether there were errors in the Planning Commission's interpretation. He said it was hard for him to find specific fault with the Planning Commission's findings. He said he generally agreed with Councilmember Noecker about whether the number 20 made sense, but he couldn't see what the number should be. He said he would support the motion; it was clear that a higher intensity use that wasn't a church or school wasn't allowed. Vote: Yeas - 5 Nays - 2 (Tolbert and Noecker) Councilmember Prince moved an amendment to have the limit not take effect until April 2, 2018. Council President Stark spoke in support. Motion of intent - Appeal denied (with modifications) Yea: 5- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Stark and Councilmember Prince Nay: 2- Councilmember Tolbert and Councilmember Noecker 24 APC 17-3 Public hearing to consider the appeal by Rene & Kim Lerma of a Planning Commission decision to affirm in part and modify a Zoning Administrator's similar use determination for Listening House to provide services at First Lutheran Church at 464 Maria Avenue subject to 14 conditions. Councilmember Prince said again it was a difficult decision. She read her motion to deny the appeal on the basis that the appellants had not shown error in the facts, findings, or procedures of the Commission. Motion of intent - Appeal denied Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 6 City Council Minutes - Final December 13, 2017 BUDGET ITEMS 25 RES PH 17-298 Setting the recycling service fee for 2018, and authorizing Public Works to request $745,493 in SCORE grant funds from Ramsey County to support the curbside recycling program. (Public hearing held November 1) Councilmember Prince moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 26 RES PH 17-312 Setting the 2018 Sanitary Sewer and Storm Sewer rates. (Public hearing held November 1) Councilmember Thao moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 27 RES PH 17-294 Establishing the Water Charges for 2018. (Public hearing held November 1) Councilmember Brendmoen moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 28 RES 17-1923 Approving the Saint Paul Regional Water Services 2018 Budget. Councilmember Tolbert moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 7 City Council Minutes - Final December 13, 2017 29 RES 17-1997 Approving the Saint Paul RiverCentre Convention and Visitors Authority 2018 Budget. Councilmember Tolbert moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 The City Council will recess, and convene as the Library Board to consider RES 17-1971: Library Board Resolution Adopting 2018 Budget and Requesting Property Tax Financing. 4:00 Called to order by Cto Cto make brief comments CN move CPS adjourn 4:01 The Library Board will adjourn and the City Council will reconvene. 4:01 30 RES 17-1970 Approving and adopting the Saint Paul Public Library Agency Budget. Councilmember Tolbert moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 31 RES 17-1976 Approving the Housing and Redevelopment Authority (HRA) budget for the fiscal year 2018 and certifying the HRA property tax Levy payable in 2018. Councilmember Brendmoen moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince City of Saint Paul Page 8 City Council Minutes - Final December 13, 2017 Nay: 0 32 RES 17-1988 Approving the 2018 City Tax Levy. Council President Stark moved approval of the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 33 RES 17-1974 Adopting the 2018 Budget. Following comments by Council members, a motion was made by Council President Stark to approve the resolution. Adopted Yea: 7- Councilmember Bostrom, Councilmember 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 34 Ord 17-17 Amending Chapter 65 of the Legislative Code pertaining to Alternative Financial Establishments. Council President Stark moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 First Reading City of Saint Paul Page 9 City Council Minutes - Final December 13, 2017 35 Ord 17-60 Establishing sustainable building regulations for buildings owned, operated, or funded by the City. Laid over to December 20 for second reading 36 Ord 17-61 Administrative Ordinance establishing the minimum qualifications for the vacancy for the position of Fire Chief pursuant to the provisions of Section 9.01(a) of the Administrative Code and Section 12.12.1 of the Saint Paul City Charter. Laid over to December 20 for second reading 37 Ord 17-62 Administrative Ordinance establishing a Qualifications and Examining Committee for the position of Fire Chief pursuant to the provisions of Section 9.01(a) of the Administrative Code and Section 12.12.1 of the Saint Paul City Charter. Laid over to December 20 for second reading PUBLIC HEARINGS 38 Ord 17-58 Allowing special permits for extended hours for service of alcoholic beverages in licensed establishments. Nancy (no last name given) (712 University Ave Suite 103) asked about applying for a license for their business. Council President Stark clarified that the item was about extending hours for the Super Bowl. Councilmember Thao said he would follow up. Councilmember Thao moved to close the public hearing. Public hearing held and closed; laid over to December 20 for final adoption Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 39 RES PH 17-342 Approving an interim use permit authorizing the temporary suspension of occupancy and parking regulations for the period January 25 through February 6, 2018 to coincide with the anticipated demand for short term rentals associated with Super Bowl LII. In response to a question from Council President Stark, Dan Niziolek, Department of Safety and Inspections, explained enforcement actions. No one was present to testify. Councilmember Tolbert moved to close the public hearing. Adopted City of Saint Paul Page 10 City Council Minutes - Final December 13, 2017 Yea: 6- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 Absent: 1- Councilmember Thao 40 RES PH 17-344 Granting an interim use permit to Ramsey County for a short-term emergency housing facility at 160 East Kellogg Boulevard. Councilmember Noecker thanked partners for their collaboration on the facility, and moved an amendment to waive the use permit fee. No one was present to testify. Councilmember Noecker moved to close the public hearing and approve the resolution. Adopted as amended (permit fee waived) Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 SUSPENSION ITEMS Council President Stark moved suspension of the rules. Rules suspended Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 RES 17-2055 Approving bond allocation transfer agreements and related documents, and authorizing carryforward of certain unused private activity bond volume cap, citywide. Council President said this was a companion resolution to one adopted in the HRA. He moved approval. Adopted Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince Nay: 0 City of Saint Paul Page 11 City Council Minutes - Final December 13, 2017 Council members shared good news from the wards. ADJOURNMENT Council President Stark adjourned the meeting. Meeting adjourned at 4:24 p.m. Yea: 7- Councilmember Bostrom, Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert, Councilmember Stark, Councilmember Noecker and Councilmember Prince 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). 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 12