ALATUS: Council Member Thao seeks 2-week layover to May 12 of proposed resolution that would clarify that the city council, not the mayor, decides zoning appeals: "Clarifying City Council's sole authority to review appeals from the Zoning Code. Sponsors: Prince, Thao and Yang."
Thao has asked to introduce another resolution, apparently related to Alatus, that his legislative aide supposedly submitted to Legistar, city council meeting software. No one can seem to find it. While they're looking for the missing resolution, the council meeting has moved on.
Thao asks to suspend the rules. Brendmoen votes no. Rules are suspended 6-1. He introduces Resolution 21-696 "Requesting an Advisory Opinion from the Attorney General's office." He shares his screen for visible clarity. Visible clarity not achieved... (Hey, I'm paid to be honest)
Thao says resolution states "now therefore be it resolved that in an attempt to avoid litigation of these issues," the city council seek an advisory opinion from the attorney general's office. "I think that it makes sense. A lot of issues have been raised..."
BRENDMOEN: "I'm always concerned when we don't have an opportunity to see a resolution...I obviously haven't had an opportunity to (review this) until this very moment." PRINCE: "It's very time sensitive." A week delay delays permits. "I would not support layover."
TOLBERT objects to wording: As an attorney, I wouldn't know what I was being asked to issue an opinion on. "We've got to be very clear about what we're asking them to give an opinion on." BRENDMOEN: It's referencing a resolution we laid over for 2 weeks without a vote.
JALALI: She supports resolution's intent. "I think it does specify what we want the review to be of. ... Part of the urgency here is a sense that the project (may be) advancing with some uncertainty around these issues..."
JALALI: I'm willing to vote today. BRENDMOEN: Prince mentions 'time is of the essence.' Has anyone even contacted AG's office to see how long review takes? It's feeling haphazard to me. ATTORNEY TIERNEY: I found out about this 7 minutes ago. Contacts say reviews take 3 weeks, BUT
ASSISTANT CITY ATTORNEY RACHEL TIERNEY: She says she found out about this resolution 7 minutes ago. Her contacts say Attorney General reviews take 3 weeks, give or take, but they very well might not touch this one. Local zoning decisions isn't their thing.
TIERNEY: "This is an advisory opinion we would be asking for. It would not be a binding legal authority. ... That doesn't change our legal framework." Applications for building permits could not be delayed because this decision was pending.
THAO: "If it's creating confusion for us, imagine the kind of confusion it's creating for our staff. ... We need to be transparent. We need to be accountable ... getting an opinion from the AG" supports that transparency. YANG: "I'm in full support of this resolution."
NELSIE YANG: There's too much gray and the Attorney General's office can help lift it. Precedent could be set by these decisions. "Even our staff don't have consistent answers for us." PRINCE: The city attorney is appointed by the mayor and part of his administration.
PRINCE: Instead of "directing" the attorney general's office to review the Alatus veto, let's "request" it. But the resolution overall is "sensible." Mayor inserted himself into a quasi-judicial process and basically awarded a $57 million project to a developer.
PRINCE SUPPORTING THAO'S REQUEST TO SEEK ADVISORY OPINION ON MAYOR CARTER'S VETO FROM ATTORNEY GENERAL'S OFFICE: "We have to consider that this is a precedent and it is a wise move for us to seek some additional counsel in this way." That's Thao, Prince, Yang and Jalali in favor.
JALALI: We are expected to "uphold the law" and uphold community priorities, and here's an opportunity to try and do both. BRENDMOEN: "I have people texting me that they don't have access to this. ... Council hasn't looked at it." She's not in opposition, but let's layover.
TOLBERT: Wording's vague and "I don't know what we're asking...There's a lot of statements in there that does not have veto power. There's no question in there." It's a "unique situation" and I can count on one hand number of mayoral vetoes over the years. Veto backed by charter.
Vote is 5-2, with Council Members Tolbert and Brendmoen opposed. St. Paul City Council will ask attorney general's office to weigh in on Mayor Melvin Carter's decision to veto their own decision to effectively block the Alatus project at Lexington Parkway near University Ave.
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