City Hall and Court House

15 West Kellogg Boulevard

Council Chambers - 3rd

Floor

City of Saint Paul

651-266-8560

Meeting Minutes - Action Only

City Council

Council President Amy Brendmoen

Councilmember Russel Balenger

Councilmember Mitra Jalali

Councilmember Rebecca Noecker

Councilmember Jane L. Prince

Councilmember Chris Tolbert

Councilmember Nelsie Yang

Wednesday, July 12, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:31 PM

5 -

Present

Councilmember Rebecca Noecker, Councilmember Jane L. Prince,

Councilmember Mitra Jalali, Councilmember Nelsie Yang and

Councilmember Russel Balenger

2 - Councilmember Amy Brendmoen and Councilmember Chris Tolbert

Absent

COMMUNICATIONS & RECEIVE/FILE

Amending CDBG Project Budgets: funding for 1134 Payne Ave (Checker

Board Pizza), a project selected by CDBG subgrantee ESNDC for their

Business Investment Fund (BIF) program.

AO 23-65

Received and Filed

Establishing seven (7) new projects through the Neighborhood STAR

Year-Round Program as adopted via City Council Resolutions # RES 23-885,

RES 23-886, RES 23-890, and RES 23-920.

AO 23-66

Received and Filed

Authorizing the Police Department to reallocate its 2023 Special Fund budget

to more accurately record expenditures meeting capital criteria.

AO 23-67

AO 23-69

Received and Filed

Authorizing the Police Department to reallocate its 2023 Special Fund budget

on the 2022 Pathways to Policing Grant to reflect expenditures more

accurately.

Received and Filed

Amending the 2023 spending budget within the Department of Public Works

Administration Fund Dale Street Campus Mtce Accounting unit.

AO 23-70

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

Councilmember Noecker stated that Items 17 - 19 would be taken separately.

Councilmember Prince moved approval.

Consent Agenda adopted as amended

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving adverse action against the Short-Term Rental (Owner-Occupied)

license held by Vlad Messing d/b/a Vlad I Messing (License ID #20210000636)

for the premises located at 911 Dayton Avenue. (To be withdrawn)

RES 23-346

RES 23-940

Withdrawn

Authorizing the Department of Planning and Economic Development to apply

for the Metropolitan Council's Livable Communities Demonstration Account

Predevelopment grant funds for a project at 796 Stewart Avenue (Little Mod),

and another at 680 and 694 Minnehaha Avenue East (Hamm's Brewery

redevelopment), which will include indemnification obligations.

Adopted

Authorizing the City to enter into an agreement (which includes

indemnification obligations) with the Minnesota Department of Transportation

(MnDOT) for the Capital City Bikeway Phase 1 Project.

Adopted

Approving the Labor Agreement (January 1, 2023 - December 31, 2025) and

Memorandums of Agreement between the City and the International Union of

Operating Engineers, Local 70.

Laid over to July 19, 2023

Approving the Memorandum of Agreement between the City and the Saint

Paul Supervisors Organization for the purpose of providing Paid Parental

Leave for eligible employees.

Laid over to July 19, 2023

Approving the Liquor On Sale-100 seats or less, Liquor On Sale-Sunday,

Liquor-Outdoor Service Area (Sidewalk) and Entertainment (A) licenses for

Abyssinia General Trading LLC d/b/a Erta Ale Ethiopian Restaurant (License

ID 20230000687) for the premises located at 308 Prince Street, Suite #140.

Adopted

Approving the Liquor On Sale-100 seats or less, Liquor On Sale-Sunday,

Liquor On Sale-2AM Closing and Entertainment (B) licenses for Pimento St

Paul, Inc d/b/a Pimento Jamaican Kitchen (License ID 20230000917) for the

premises located at 354 Wabasha Street North.

RES 23-989

RES 23-991

Adopted

Authorizing the Office of Financial Services-Real Estate to apply for and

accept grant funds of $317,800 from the U.S. Department of Energy’s Energy

Efficiency and Conservation Block Grant Program for developing a municipal

buildings decarbonization plan.

Adopted

Approving the use of grant funds through the Ward 1 Neighborhood STAR

Year-Round Program for projects located at the Camphor Memorial United

Methodist Church.

RES 23-997

RES 23-999

Adopted

Approving a public hearing on the issuance of conduit multifamily housing

revenue bonds by the Housing and Redevelopment Authority (the “HRA”) for a

multifamily rental housing development project located at 484 Temperance

Street and 211 Seventh Street East; reciting a proposal for a Housing Finance

Program related to the development; approving the related project and

program pursuant to Minnesota Statutes, Chapter 462C; and authorizing the

HRA to issue conduit multifamily housing revenue bonds.

Adopted

Supplementing RES 23-289 relating to water revenue bonds of the City;

accepting the offer of the Minnesota Public Facilities Authority to purchase a

water revenue note in an aggregate principal amount not to exceed

$25,000,000; providing for the issuance of a water revenue note, Series 2023;

and authorizing execution of a project loan agreement with the Minnesota

Public Facilities Authority.

RES 23-1002

Adopted

Approving the Collective Bargaining Agreement (January 1, 2023 - December

31, 2025) and Memorandums of Agreement between the City and the

Tri-Council (LIUNA Laborers, Local 363; General Drivers, Local 120; and

Operating Engineers, Local 49).

RES 23-912

Adopted

FOR DISCUSSION

Approving the use of grant funds through the Ward 1, 2, 6 and 7 Neighborhood

Star Year-Round Program for the Minnesota China Friendship Garden

Society.

RES 23-1004

Councilmember Yang spoke in support.

Gaying Jeff Vang, member of the China Friendship Garden Society, spoke to the

resolution.

Jijun He, representative from the Chinese community, spoke to the resolution.

Ken Lau, Treasurer of the China Friendship Garden Society, spoke to the resolution.

Phong Yang, spouse of a member of the China Friendship Garden Society, spoke to

the resolution on behalf of his wife.

Neing Yang, member of the China Friendship Garden Society, spoke to the resolution.

Will Zajicek, President of the China Friendship Garden Society, spoke to the

resolution.

Romi Slowiak, member of the China Friendship Garden Society, spoke to the

resolution.

Councilmember Noecker spoke in support.

Councilmember Prince spoke in support.

Yang moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the use of grant funds through the Ward 6 Neighborhood STAR

Year-Round Program for St. Paul Parks Department in partnership with the

Saint Paul Parks Conservancy.

RES 23-1005

Councilmember Yang spoke in support.

Michael-jon Pease, Executive Director of the St. Paul Parks Conservancy, gave a staff

report.

Andy Rodriguez, Parks Director, gave a staff report.

Yang moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Honoring Judy Yaeger Jones for her life of service to the community.

Councilmember Prince read from the resolution and spoke in support.

Judy Yaeger Jones gave remarks.

RES 23-1018

Prince moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

SUSPENSION ITEM

Authorizing the City to enter into a cooperative agreement with the Minnesota

Department of Transportation (MnDOT) and Ramsey County for the Trunk

Highway (TH) 5 Project from Mendota Street to TH 120.

RES 23-1008

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Nay:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

ORDINANCES

An ordinance is a city law enacted by the City Council. It is read at three separate

council meetings and becomes effective after passage by the Council and 30 days

after publication in the Saint Paul Pioneer Press. Public hearings on ordinances are

generally held at the second reading.

SUSPENSION ITEM

First Reading

Approving an extension of an interim ordinance requesting a Planning

Commission study to undertake a zoning study of non-conventional residential

housing unit products.

Ord 23-36

Luis Pereira, City Planner, gave a staff report.

Nellie Jerome, City Planner, continued the staff report.

Laid over to July 19, 2023 for Second Reading

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

PUBLIC HEARINGS

Live testimony is limited to two minutes for each person. See below for optional ways

to testify.

Amending Chapter 142 of the Legislative Code (Title XII) pertaining to a

special service district in downtown. (Public hearing continued from July 19,

2023 for Final Adoption)

Ord 23-27

Councilmember Noecker moved to continue the public hearing for one week.

Public hearing continued to July 19 for Final Adoption

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Considering the appeal of 2285 Hampden LLC (c/o Thomas Nelson, Exeter

Management LLC) to a decision of the Board of Zoning Appeals denying

zoning variances to construct a new mixed residential commercial building at

2285 Hampden Avenue. (To be withdrawn)

ABZA 23-1

Withdrawn

Amending the financing and spending plan in the Department of Parks and

Recreation in the amount of $2,374,487 from a National Outdoor Recreation

Legacy Partnership grant for the North End Community Center (NECC)

project.

RES PH 23-136

Chris Stark, Architect at Parks and Recreation, gave a staff report.

Councilmember Yang spoke in support and moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Amending the financing and spending plan in the Department of Parks and

Recreation in the amount of $7,173,600 to reflect funds from the Metropolitan

Council’s Regional Solicitation, for the reconstruction of Fish Hatchery Trail

and portions of the Samuel Morgan Regional Trail.

RES PH 23-137

Councilmember Prince asked about the timeline for the project.

Alice Messer, Design & Construction Manager at Parks and Recreation, addressed

Prince's question.

Councilmember Prince moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Amending the financing and spending plan in the Department of Parks and

Recreation in the amount of $250,000 for the North End Community Center,

and entering into an agreement with the Saint Paul Parks Conservancy for the

project.

RES PH 23-138

Michael-Jon Pease, Executive Director of the St. Paul Parks Conservancy, gave a

staff report.

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the petition of Brian Ingram on behalf of Hope Fire House, LLC to

vacate a portion of Leech Street from Grand Avenue to West Seventh Street.

(Public hearing continued from July 12, 2023)

RES PH 23-142

Councilmember Noecker moved to continue the public hearing for one week.

Public hearing continued to August 9, 2023

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Amending the financing and spending plan in the Department of Parks and

Recreation in the amount of $13,316.20 to reflect gifted funds from the

Ramsey Hill Association for the Cochran Park Pool and Sculpture Restoration

project.

RES PH 23-148

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Amending the financing and spending plan in the Department of Parks and

Recreation in the amount of $295,251.74 to utilize Parkland Dedication funds

for the Pedro Park project.

RES PH 23-150

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Authorizing the Police Department to add fund equity to its 2023 Special Fund

operating budget to more accurately reflect expenditures for a position

change.

RES PH 23-171

Councilmember Prince moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the Northern Highland Bridge final (combined) plat.

RES PH 23-175

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the petition of Juan Padilla and Claudia Serafico Cruz on behalf of

BMC Property, LLC to vacate the alley behind 892 Newcomb Street and 891

Atlantic Street.

RES PH 23-176

Councilmember Yang moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the application of Twin Cities Food Trucks Inc. for a sound level

variance in order to present amplified sound on July 15, 2023 at Harriet Island

Road.

RES PH 23-177

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the application of Forward Events LLC for a sound level variance in

order to present amplified sound on July 22, 2023 at 390 Kellogg Boulevard -

Union Depot Parking Lot C.

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the application of Dual Citizen Brewing for a sound level variance in

order to present amplified sound on Saturday, July 22, 2023 at 725 Raymond

Avenue.

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Authorizing the City's sponsorship of a Minnesota Investment Fund application

by Lightwave Photonics Inc. for a project proposed at 2500 University Avenue

West, Suite B9 (District 12, Ward 4).

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Approving the application of Wabasha Brewing Co for a sound level variance

in order to present amplified sound on Saturdays, July 22, July 29, August 5,

August 12 and August 19, 2023 at 429 Wabasha Street South. (Public hearing

closed and laid over from July 12, 2023)

Jason Vastine, Owner of Wabasha Brewing, spoke during the public hearing.

Cassidy Bruggeman, Events Manager at Wabasha Brewing, spoke during the public

hearing.

Anne Kukowski spoke during the public hearing.

Steve Gammon spoke during the public hearing.

Councilmember Noecker asked about the exact time of the music.

Bruggeman addressed Noecker's question.

Vastine elaborated on Bruggeman's response.

Noecker moved to close the public hearing and lay over for one week.

Laid over to July 19, 2023

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

LEGISLATIVE HEARING DISCUSSION ITEMS

Fourth Making finding on the appealed substantial abatement ordered for 318

RLH RR 23-18

EDMUND AVENUE in Council File RLH RR 21-11. (Public hearing closed and

laid over from April 26, 2023. Laid over again on May 22 and June 21, 2023)

Marcia Moermond, Legislative Hearing Officer: I'm asking that Council amend the

resolution to forfeit the performance deposit and lay the matter over to July 26, 2023.

Councilmember Balenger moved approval.

Amended and laid over to July 26, 2023 (forfeited entire $10,000 performance

deposit)

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Ordering the rehabilitation or razing and removal of the structures at 678

SNELLING AVENUE NORTH within fifteen (15) days after the May 27, 2020

City Council public hearing. (Amend to 180 days)

RLH RR 20-22

Granted 180 days to work on rehabilitation.

Marcia Moermond, Legislative Hearing Officer: We're coming to conclusion on this and

I just want to make sure there is clarity on what I am asking of Council. After 28

legislative hearings, African Economic Development Solutions has pulled together their

plans and financing to execute a rehabilitation for what will be the Little Africa Plaza. I

am recommending granting 180 days to complete the work. That is the standard length

of time for these cases, though work is expected to take until August 2024. At the 6

month point, we will follow up with the contractor and provide you an update.

Councilmember Jalali: Thank you to everyone who has helped with this, both public

and private. I am supporting this and move approval.

Adopted as amended (granted 180 days)

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

LEGISLATIVE HEARING CONSENT AGENDA

Items listed under the Consent Agenda will receive a combined public hearing and be

enacted by one motion with no separate discussion. Items may be removed from the

Consent Agenda for a separate public hearing and discussion if desired.

Approval of the Consent Agenda

Councilmember Balenger moved approval.

Legislative Hearing Consent Agenda adopted as amended

5 -

Yea:

Councilmember Noecker, Councilmember Prince, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

Nay:

2 - Councilmember Brendmoen and Councilmember Tolbert

Absent:

Making finding on the appealed nuisance abatement ordered for 315

CHARLES AVENUE in Council File SAO 23-21. (Legislative Hearing on July

11, 2023)

RLH TA 23-261

Adopted as amended (nuisance abated)

Appeal of Christopher Petersen, Power-of-Attorney for Tony E. Petersen

(father), to a Fire Inspection Correction Notice at 540 CHARLES AVENUE.

Adopted

Making finding on the appealed substantial abatement ordered for 587 COOK

AVENUE EAST in Council File RLH RR 22-52.

Adopted

Appeal of Emiliano Marrero Romero to a Vacant Building Registration

Renewal Notice at 593 COOK AVENUE EAST.

Adopted

Second Making finding on the appealed substantial abatement ordered for 781

COOK AVENUE EAST in Council File RLH RR 23-13.

Adopted

Appeal of James F. Riley, Chief Manager of Riley Investment 1 LLC, to a

Summary Abatement Order at 1051 FIFTH STREET EAST.

Adopted

Ordering the rehabilitation or razing and removal of the structures at 901

FULLER AVENUE within fifteen (15) days after the March 22, 2023, City

Council Public Hearing. (July 11, 2023 Legislative Hearing)

RLH RR 23-7

Public hearing continued to August 2, 2023

Appeal of William Williams to a Summary Abatement Order at 1009 FULLER

AVENUE.

RLH SAO 23-28

RLH SAO 23-22

RLH RR 23-25

Adopted

Appeal of Nicole Mayefske to a Summary Abatement Order at 845 HOWELL

STREET NORTH.

Adopted

Second Making finding on the appealed substantial abatement ordered for 975

HUDSON ROAD in Council File RLH RR 22-60.

Adopted as amended (nuisance abated)

Appeal of Linda Kohl and Nick Geng for Bigos Management/On the Park

condos to a Correction Order at 380 JACKSON STREET (198 SIXTH

STREET EAST).

RLH FCO 23-28

Adopted as amended

Appeal of Rachael Rivard to a Denial of a Fence Variance at 530 JENKS

AVENUE.

RLH OA 23-1

Adopted as amended (granted 1 foot variance)

Appeal of Rudolph Henninger to a Vacant Building Registration Requirement

at 892 LAWSON AVENUE EAST.

RLH VBR 23-36

RLH SAO 23-27

RLH RR 23-34

Adopted

Appeal of Richard Pittman to a Vehicle Abatement Order at 817 MARSHALL

AVENUE.

Adopted

Making finding on the appealed substantial abatement ordered for 1722

REANEY AVENUE in Council File RLH RR 22-71.

Adopted

Appeal of Deborah Hyke to a Correction Order at 1440 SHELDON STREET.

RLH CO 23-10

Adopted

First Making finding on the appealed substantial abatement ordered for 694

SHERBURNE AVENUE in Council File RLH RR 22-19. (Public hearing

continued to July 12, 2023)

Referred to July 25, 2023 Legislative Hearing

Ratifying the Appealed Special Tax Assessment for property at 120 STEVENS

STREET WEST. (File No. J2305E1, Assessment No. 238312) (Public hearing

continued July 12, 2023)

Adopted as amended (assessment reduced)

Ratifying the Appealed Special Tax Assessment for property at 120 STEVENS

STREET WEST. (File No. J2306E2, Assessment No. 238317) (Public hearing

continued to July 12, 2023)

Adopted as amended (assessment reduced)

Ordering the rehabilitation or razing and removal of the structures at 829

THIRD STREET EAST within fifteen (15) days after the May 17, 2023, City

Council Public Hearing. (Amend to grant 180 days)

Adopted

Appeal of Chad Chahoud, Property Manager for Pradeep Khakural, to a

Vacant Building Registration Requirement at 518 THOMAS AVENUE.

RLH VBR 23-32

RLH VO 23-25

Adopted

Appeal of Amy Kennedy, on behalf of Sandra Kennedy, to a Fire Certificate of

Occupancy Revocation Notice and Order to Vacate at 998 VIRGINIA

STREET.

Adopted

Appeal of Ted Ries to a Vacant Building Registration Notice at 1018 WILSON

AVENUE.

RLH VBR 23-24

Adopted

ADJOURNMENT

Meeting ended at 4:39 PM

City Council meetings are open for in person attendance, but the public may also

comment on public hearing items in writing or via voicemail. Any comments and

materials submitted by 12:00 pm of the day before the meeting will be attached to the

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The public may comment on public hearing items in writing or via voicemail. Any

comments and materials submitted by 12:00 pm of the day before the meeting will be

attached to the public record and available for review by the City Council. Comments

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Written public comment on public hearing items can be submitted to

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