City Hall and Court House

15 West Kellogg Boulevard

Council Chambers - 3rd

Floor

City of Saint Paul

651-266-8560

Meeting Minutes

City Council

Council President Amy Brendmoen

Councilmember Mitra Jalali

Councilmember Rebecca Noecker

Councilmember Jane L. Prince

Councilmember Dai Thao

Councilmember Chris Tolbert

Councilmember Nelsie Yang

Wednesday, November 17, 2021

3:30 PM

Council Chambers - 3rd Floor

Please see below for meeting guidelines due to the COVID-19 pandemic emergency

ROLL CALL

Meeting called to order at 3:33 p.m.

7 -

Present

Councilmember Amy Brendmoen, Councilmember Dai Thao,

Councilmember Chris Tolbert, Councilmember Rebecca Noecker,

Councilmember Jane L. Prince, Councilmember Mitra Jalali and

Councilmember Nelsie Yang

COMMUNICATIONS & RECEIVE/FILE

Mayor's Emergency Executive Orders 21-40 and 21-41.

CO 21-87

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

Council President stated that Items 3, 6, and 12 would be taken separately.

Councilmember Thao moved approval.

Adopted as amended

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Approving the Audit Committee’s recommendation to examine how

RES 21-1532

businesses interested in developing residential housing development projects

navigate the various City departments' processes and requirements.

Adopted

Approving the City’s cost of providing Property Clean Up services during

September 1 to 13, 2021, and setting date of Legislative Hearing for

December 21, 2021 and City Council public hearing for February 23, 2022 to

consider and levy the assessments against individual properties. (File No.

J2209A, Assessment No. 228508)

RES 21-1618

RES 21-1619

RES 21-1634

Adopted

Approving the City’s cost of providing Property Clean Up services during

September 14 to 30, 2021, and setting date of Legislative Hearing for

December 21, 2021 and City Council public hearing for February 23, 2022 to

consider and levy the assessments against individual properties. (File No.

J2210A, Assessment No. 228509)

Adopted

Authorizing the City to enter into an agreement with the Minnesota Department

of Transportation for the adjustment of City facilities on Trunk Highway 94

projects.

Adopted

Approving the polling locations for the 2022 elections pursuant to Minnesota

Statute, Section 204B.16.

RES 21-1639

RES 21-1640

Adopted

Approving the extension agreements for transfer of Saint Paul Police

employees, Tina C. McNamara, David A. Titus, and Michel D. Whisler, to the

Ramsey County Sheriff's Office (January 1, 2022 - December 31, 2022).

Adopted

Approving the use of grant funds through the Neighborhood STAR

Year-Round Program for the Victoria Theater Arts Center.

RES 21-1643

RES 21-1648

Adopted

Authorizing carry forward of unused Private Activity Bond Volume Cap.

Adopted

FOR DISCUSSION

Approving the application with conditions, per the Deputy Legislative Hearing

Officer, for DWD Group LLC (License ID # 20210000875), d/b/a Billy’s on

RES 21-1575

Grand, for a Liquor on Sale - 291 or more seats, Liquor on Sale - Sunday,

Liquor on Sale - 2 AM Closing, Liquor Outdoor Service Area (Patio),

Entertainment (B), and Gambling Location licenses, located at 857 Grand

Avenue. (Laid over from November 17, 2021.)

Councilmember Noecker stated that additional information came in and that this item

should be laid over to December 1.

Laid over to December 1

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Approving the appointment of Doua Yang as the Legislative Aide in Ward 4.

RES 21-1631

Councilmember Jalali introduced and welcomed Doua Yang.

Council President Brendmoen expressed excitement.

Jalali moved approval.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Recognizing November 20th as World Children’s Day and pledging the City of

Saint Paul's commitment to the future of its youngest residents

RES 21-1655

Councilmember Noecker read from the resolution and moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Update on the 2020 Census.

Clare Verbeten introduced Toni Newborn.

Toni Newborn gave a staff report.

Verbeten continued the staff report.

SR 21-184

Council President Brendmoen discussed how the ward maps might change due to

redistricting, noting no major shifts in population.

Councilmember Tolbert thanked staff for the presentation.

Councilmember Jalali thanked staff and asked about the redistricting timeline.

Verbeten talked about the timeline in terms of various partners and next steps.

Brendmoen stated that the Charter Commission is in charge of drawing new district

boundaries, but the Council passed a resolution with redistricting principles.

Councilmember Noecker thanked staff and expressed excitement for increased

diversity, especially for people under 18 years old. Also asked how the diversity

compares to other cities.

Verbeten stated stated that information on other cities was not currently available, and

a follow-up conversation for that information would be helpful.

Councilmember Prince thanked staff and also spoke to diversity and youth. Asked

when analysis on income would become available.

Verbeten said the Census Quickfacts website would have that information as it

become available.

Councilmember Yang thanked staff. Also expressed excitement for the way the city is

changing, and for Minnesota maintaining 8 congressional districts. Thanked census

staff and volunteers for getting people counted and asked about different strategies

across the state and across the country.

Verbeten addressed Yang's questions and also spoke to the different strategies used

to get people counted.

Newborn addressed Prince's question, stating that the City's Planning and Economic

Development Department would be putting that information together.

Brendmoen thanked staff and Jalali for their work on the census.

Received and Filed

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 Legal Ledger. Public hearings on ordinances are

held at the second reading.

Final Adoption

Amending Section 220.05 of the Legislative Code to set rates for base level

garbage service to be effective January 1, 2022.

Ord 21-42

Councilmember Jalali moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Amending Chapter 64 of the Administrative Code to update deferral language,

delete sewer separation references, and update assessment procedures.

Ord 21-45

Councilmember Noecker stated that this proposal initially came from a constituent and

spoke to the power of constituent involvement. Moved approval.

Council President Brendmoen expressed appreciation for Noecker and her

constituent's advocacy.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Amending Chapter 60 of the Administrative Code to clarify hardship deferral

language.

Ord 21-46

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Amending Chapter 177, Removal of Dangerous Trees, of the Legislative Code

by deleting it in its entirety and combining its provisions into Chapter 175 of the

Legislative Code.

Ord 21-47

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Amending Chapter 175A of the Legislative Code, Emerald Ash Borer Pest

Insect, by deleting it in its entirety and combining its provisions into Chapter

175 of the Legislative Code.

Ord 21-48

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Amending Chapter 62 of the Administrative Code to clarify hardship deferral

language and other language clarification.

Ord 21-49

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Amending Chapter 175 of the Legislative Code in order to combine three

chapters regarding the abatement of dangerous or diseased trees into one

chapter, and to clarify hardship deferral language.

Ord 21-50

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

PUBLIC HEARINGS

Considering the recommendation and order on Motion for Summary

disposition submitted by the Administrative Law Judge concerning the

cigarette/tobacco license held by Zakariya Abukhudeer, d/b/a The One Stop

Market, LLC at 1541 Maryland Avenue East.

RES PH 21-300

Stephen Earnest gave a staff report.

Councilmember Noecker asked about the penalties.

Earnest answered Noecker's question.

Mark Thompson argued that the allegations were not supported by evidence.

Encouraged Council to follow the recommendation.

Councilmember Yang moved to close the public hearing. Asked staff for clarification

on the recommendation.

Earnest provided clarification.

Yang spoke to the severity of the allegations. Said that accepting the recommendation

might be too lenient. Asked for a chance for staff to have the option to bring this

back before an administrative law judge.

Council President Brendmoen asked for clarification on the motion.

Earnest said that besides accepting the report, another option would be to give the

City the opportunity to try additional allegations before an administrative law judge.

Brendmoen asked for clarification on the motion more specifically.

Rachel Tierney provided clarification.

Councilmember Thao asked if the business was still in operation.

Earnest answered in the affirmative.

Thao asked if they had other locatons.

Earnest answered in the negative.

City Clerk Shari Moore stated that the Council may not technically be able to return it

to the City Attorney's office.

Councilmember Prince asked about reasoning regarding penalties.

Earnest stated that the administrative law judge did not think penalties would go

beyond a $1000 matrix penalty.

Prince expressed concern about the lack of a more severe penalty.

Tierney stated that the action that could be taken by the Council aside from approval

would be to not adopt the resolution. Clarified that the ask from Earnest is to provide

the City Attorney's office the time to prove the allegations before an administrative law

judge.

Prince clarified that the resolution is a staff recommendation.

Noecker asked if increasing penalties is possible even if revocation isn't likely.

Earnest said that could be possible.

Brendmoen said the option the Council might be leaning towards would be to withdraw

and have the item come back as a separate resolution

Tierney said that would be the best way to handle this item.

Yang moved to withdraw.

Public hearing is closed, resolution withdrawn

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Ratifying the assessment for the 2021 Street Maintenance Service Program

for sweeping and lighting. (File No. 2021SMSP, Assessment No. 210025)

RES PH 21-288

Council President Brendmoen stated that there was a new version.

Councilmember Noecker moved approval of the updated version.

Adopted as amended

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Authorizing the City to accept $11,588,419.60 in Round Two Federal

Emergency Rental Assistance Funds; amending the 2021 budget to

incorporate and appropriate the funds; and authorizing the execution of

necessary agreements.

RES PH 21-319

Council President Brendmoen spoke to the importance of this resolution and moved

approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Approval of the Consent Agenda

Councilmember Tolbert moved approval.

The Legislative Hearing Officer recommends adoption of the following

resolutions, as no objections to these recommendations were received:

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Deleting the Appealed Special Tax Assessment for property at 2211 BENSON

AVENUE. (File No. CG2103A2, Assessment No. 210111)

RLH TA 21-426

Adopted

Making finding on the appealed nuisance abatement ordered for 1143

CHURCHILL STREET in Council File RLH SAO 21-70.

Adopted

Deleting the Appealed Special Tax Assessment for property at 914 COOK

AVENUE EAST. (File No. CG2103A3, Assessment No. 210112)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 822 EDMUND

AVENUE. (File No. CG2103A4, Assessment No. 210113)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1501

ELEANOR AVENUE. (File No. CG2103A1, Assessment No. 210110)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1282 HAGUE

AVENUE. (File No. CG2102A1-1, Assessment No. 210114)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1282 HAGUE

AVENUE. (File No. CG2103A1, Assessment No. 210110)

RLH TA 21-400

RLH TA 21-421

RLH TA 21-451

Adopted

Ratifying the Appealed Special Tax Assessment for property at 667 LAUREL

AVENUE. (File No. CG2103A1, Assessment No. 210110)

Adopted

Amending the previously ratified assessment to reduce the assessment for

Collection of Delinquent Garbage Bills for services during October to

December 2020 at 667 LAUREL AVENUE. (File No. CG2101A1, Assessment

No. 210100)

Adopted

Amending the previously ratified assessment to reduce the assessment for

Collection of Delinquent Garbage Bills for services during January to March

2021 at 667 LAUREL AVENUE. (File No. CG2102A1, Assessment No.

210106)

RLH TA 21-453

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1769

MARSHALL AVENUE. (File No. CG2103A4, Assessment No. 210113)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1789

MARYLAND AVENUE EAST. (File No. CG2103A2, Assessment No. 210111)

Adopted

Deleting the Appealed Special Tax Assessment for property at 1115

NORTON STREET. (File No. CG2103A2, Assessment No. 210111)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1774 REANEY

AVENUE. (File No. CG2103A3, Assessment No. 210112)

Adopted

Deleting the Appealed Special Tax Assessment for property at 1707 ROSE

AVENUE EAST. (File No. CG2103A3, Assessment No. 210112)

RLH TA 21-424

RLH TA 21-425

Adopted

Ratifying the Appealed Special Tax Assessment for property at 843 SELBY

AVENUE. (File No. CG2103A1, Assessment No. 210110)

Adopted

Deleting the Appealed Special Tax Assessment for property at 1706 SIMS

AVENUE. (File No. CG2103A3, Assessment No. 210112)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 120-122

STEVENS STREET WEST. (File No. CG2103A1, Assessment No. 210110)

Adopted

Deleting the Appealed Special Tax Assessment for property at 1343

STILLWATER AVENUE. (File No. CG2103A3, Assessment No. 210112)

Adopted

Deleting the Appealed Special Tax Assessment for property at 2279 SUMMIT

AVENUE. (File No. CG2103A1, Assessment No. 210110)

Adopted

Ratifying the assessment for the City’s cost of providing Collection of

Delinquent Garbage Bills for services during April to June 2021. (File No.

CG2103A1, Assessment No. 210110)

Adopted

Ratifying the assessment for the City’s cost of providing Collection of

Delinquent Garbage Bills for services during April to June 2021. (File No.

CG2103A2, Assessment No. 210111)

RLH AR 21-92

RLH AR 21-99

RLH AR 21-100

Adopted

Ratifying the assessment for the City’s cost of providing Collection of

Delinquent Garbage Bills for services during April to June 2021. (File No.

CG2103A3, Assessment No.210112)

Adopted

Ratifying the assessment for the City’s cost of providing Collection of

Delinquent Garbage Bills for services during April to June 2021. (File No.

CG2103A4, Assessment No.210113)

Adopted

For the following item, no objection to the Legislative Hearing Officer's

recommendation was received, and therefore, she recommends amendment

and adoption:

Ratifying the Appealed Special Tax Assessment for property at 936

JEFFERSON AVENUE. (File No. J2106E1, Assessment No. 218314) (Amend

to delete)

RLH TA 21-158

Councilmember Noecker moved approval.

Adopted as amended (delete assessment)

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

For the following item, the Legislative Hearing Officer's recommendation is

contested and additional testimony from the appellant is in the record. A brief

staff report was provided:

Ratifying the Appealed Special Tax Assessment for property at 1454 ARONA

STREET. (File No. CG2103A2, Assessment No. 210111)

RLH TA 21-449

Legislative Hearing Officer Marcia Moermond gave a staff report.

Councilmember Jalali stated that this issue was somewhat common and expressed

interest in addressing the constituent's concern as the next garbage contract

negotiation gets underway. Moved approval.

Adopted (property owner states that they do not produce trash and should not

be paying for service)

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

ADJOURNMENT

Meeting adjourned at 5:05 p.m.

In-person meetings, or meetings conducted under Minn. Stat. § 13D.02 of the City

Council, are not practical or prudent because of the COVID-19 health pandemic

emergency declared under Minn. Stat. Chapter 12 by Saint Paul Mayor Melvin Carter.

In light of the COVID-19 health pandemic, members of the City Council will participate

in City Council meetings by telephone or other electronic means.

Public attendance at the City Council’s regular meeting location is not feasible due to

the COVID-19 health pandemic. Members of the public may view City Council meetings

online at stpaul.legistar.com/Calendar.aspx or on local cable Channel 18.

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

may be submitted as follows:

Written public comment on public hearing items can be submitted to

Contact-Council@ci.stpaul.mn.us, CouncilHearing@ci.stpaul.mn.us, or by voicemail at

651-266-6805.

While the Council will make best efforts to decide all issues before them, the Council

may delay decisions on certain matters where the members believe meeting in-person

is necessary. More information is available at

www.stpaul.gov/departments/city-council

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