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, November 2, 2022  
ROLL CALL  
3:30 PM  
Council Chambers - 3rd Floor  
Meeting started at 3:33 PM  
5 -  
Present  
Councilmember Amy Brendmoen, Councilmember Chris Tolbert,  
Councilmember Rebecca Noecker, Councilmember Mitra Jalali and  
Councilmember Russel Balenger  
2 - Councilmember Jane L. Prince and Councilmember Nelsie Yang  
Absent  
COMMUNICATIONS & RECEIVE/FILE  
Amending the CDBG general ledger budget to allocate the 2022 CDBG  
spending plan of $7,600,000.00 to activity codes.  
1
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 Balenger moved approval.  
Consent Agenda adopted as amended  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Approving a Tobacco Shop (Cigarette/Tobacco) and Liquor Off Sale license to  
Golden Liquor LLC d/b/a Shamrock Plaza Liquors (License ID #20220001200)  
for the premises located at 289 McKnight Road South.  
3
Adopted  
Establishing the rate of pay for the new classification of Equity Manager in the  
Non-Represented City Managers Employee Group.  
4
5
Laid over to November 9, 2022  
Waiving the 45-day notice requirement to issue a Liquor On Sale - 291 or  
more Seats, Liquor On Sale - Sunday, Liquor On Sale - 2 AM Closing, Liquor -  
Outdoor Service Area (Patio) and Entertainment (B) License to ABPEC LLC  
d/b/a Abulae (License ID # 20220001789) for the premises located at 255 6th  
Street East Floor 6.  
Adopted  
Waiving the 45-day notice requirement to issue a Malt On Sale (Strong) and  
Wine On Sale License to The Keys Restaurant Inc. d/b/a Keys Restaurant  
(License ID # 20220001746) for the premises located at 767 Raymond  
Avenue.  
6
7
8
Adopted  
Approving Ordinance Permit 20210010001 for Civil Public Infrastructure  
installed by Project Paul, LLC (a wholly-owned subsidiary of Ryan Companies  
US, Inc.) (“Ryan”) on the Ford (Highland Bridge) Site.  
Adopted  
Authorizing the Department of Parks and Recreation to amend the  
management agreement with Be Graceful Bakery and Catering, LLC to  
operate food and beverage concessions at several Parks and Recreation  
facilities, to include the Battle Creek Recreation Center.  
Adopted  
Authorizing the City to enter into the attached Lease Agreement with Tajana’s  
11th House, LLC for mooring space on the Harriet Island Public Dock for the  
Covington Inn Bed and Breakfast.  
9
2
Adopted  
FOR DISCUSSION  
Approving the FY2022 Neighborhood Sales Tax Revitalization loan and grant  
awards.  
Councilmember Noecker stated that there was a Version 2 in Legistar.  
Council President Brendmoen: Would you like a staff report on that item?  
Noecker: I think that would be helpful, since I'm not seeing where the change exactly  
is in the attachment. I move a one-week layover.  
Councilmember Jalali: This relates to multiple businesses. Do we know if businesses  
will be negatively affected by the one-week layover?  
Brendmoen: I don't see anyone from the Mayor's office or other staff so I don't know if  
we will have an answer for that.  
Laid over to November 9, 2022  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Considering the appeal of Friends of Pigs Eye Lake Park - Tom Dimond to a  
decision by the Board of Zoning Appeals denying a request to issue a Stop  
Work Order on the Pigs Eye Lake Island Building Project, a project regulated  
and permitted by the Department of Natural Resources. (public hearing  
closed, laid over from November 2, 2022)  
10  
Council President Brendmoen: Councilmember Prince cannot be here today and  
asked us for a two-week layover, which I will move approval of.  
Laid over to November 16, 2022  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
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 first reading.  
Final Adoption  
Amending Chapter 105 of the Administrative Code to add two youth  
commissioners to the Parks and Recreation Commission.  
11  
Council President Brendmoen spoke in support.  
Councilmember Noecker moved approval.  
Adopted  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Amending Section 220.05 of the Legislative Code to set rates for base level  
garbage service to be effective January 1, 2023.  
12  
Councilmember Tolbert moved approval.  
Adopted  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
PUBLIC HEARINGS  
Live testimony is limited to two minutes for each person. See below for optional ways  
to testify.  
Amending Chapter 310 of the Legislative Code to eliminate petition  
requirements, reference and establish uniform license procedures for Class  
N, R, and T Licenses, shorten the notification process, eliminate the license  
renewal public hearing provision, and update gender specific language and  
other outdated terms.  
13  
Amanda Duerr from the St. Paul Chamber of Commerce spoke in favor during the  
public hearing.  
Councilmember Noecker moved approval.  
Laid over to November 9, 2022 for Final Adoption  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Amending Chapter 409 of the Legislative Code to eliminate petition  
requirements, reference and incorporate uniform license procedures as  
outlined in Section 310 of the Legislative Code and update gender specific  
language and other outdated terms.  
14  
Councilmember Noecker moved approval.  
Laid over to November 9, 2022 for Final Adoption  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Amending Chapter 410 of the Legislative Code to eliminate petition  
requirements, reference and incorporate uniform license procedures as  
15  
outlined in Section 310 of the Legislative Code and update gender specific  
language and other outdated terms.  
Councilmember Noecker moved approval.  
Laid over to November 9, 2022 for Final Adoption  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Amending Chapter 411 of the Legislative Code to eliminate petition  
requirements, reference and incorporate uniform license procedures as  
outlined in Section 310 of the Legislative Code and update gender specific  
language and other outdated terms.  
16  
Councilmember Noecker moved approval.  
Laid over to November 9, 2022 for Final Adoption  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Setting the 2023 Sanitary Sewer and Storm Sewer rates. (To be laid over to  
December 7 for final adoption)  
17  
John Purdy, resident, spoke during the public hearing.  
Council President Brendmoen addressed Purdy's concerns and invited him for a call or  
meeting.  
Councilmember Noecker addressed Purdy's concerns, expressed appreciation for his  
comments, and moved approval.  
Brendmoen provided additional comments.  
Public hearing closed and laid over to December 7, 2022 for adoption  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Establishing the Water Charges for 2023. (To be laid over to December 7 for  
final adoption)  
18  
Councilmember Tolbert moved approval.  
Public hearing closed and laid over to December 7, 2022 for adoption  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Setting the Solid Waste Service Fee for 2023. (To be laid over to December 7  
for final adoption)  
19  
20  
21  
Councilmember Jalali moved approval.  
Public hearing closed and laid over to December 7, 2022  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Approving the Highland Bridge Rowhomes Fifth Addition Final (Combined)  
Plat.  
Councilmember Tolbert moved approval.  
Adopted  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Approving the application of Podium Sports Marketing, Inc. for a sound level  
variance in order to present amplified sound for the Turkey Trot Saint Paul on  
November 24, 2022 by Shepard Road between Washington Street and  
Sherman Street.  
Councilmember Noecker moved approval.  
Adopted  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Amending the financing and spending plans in the Fire Department in the  
amount of $18,402.73 for the remaining amount for the 2020 Assistance to  
Firefighters Grant to purchase 248 radios and accessories.  
22  
Councilmember Balenger moved approval.  
Adopted  
5 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
0
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Authorizing an increase in the Department of Parks and Recreation Grant  
Fund in the amount of $85,000 to reflect grant funds received from the Saint  
Paul Public School’s (SPPS) Community Partnership for 2022-2024 ARP  
grant, authorization to enter into a grant agreement detailing the requirements  
of said grant, which includes an indemnification clause, and to amend the  
Department of Parks and Recreation Grant Fund to reflect said funds to  
support the Upside: Leadership Programming for Middle-School Youth project.  
23  
Councilmember Jalali moved approval.  
Adopted  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
LEGISLATIVE HEARING DISCUSSION ITEMS  
Ordering the rehabilitation or razing and removal of the structures at 1802  
28  
ROSS AVENUE within fifteen (15) days after the August 10, 2022, City  
Council Public Hearing.  
Item referred back to Legislative Hearings on November 8 to review late-arriving  
evidence of financing.  
Also in attendance: Peter Yahiayan, appellant (remote attendance)  
Marcia Moermond, Legislative Hearing Officer: This was in front of Council last week  
and Councilmember Prince asked for a one-week layover. My recommendation was for  
removal of the property within 15 days due to a failure to produce financing and execute  
the rehabilitation. At 2:44 PM today, my office received evidence of financing that I  
have not yet been able to thoroughly review. It does appear that there is sufficient  
financing, though not in the name of the appellant Peter Yahiayan or the owner of the  
property, 3Packet LLC. It is actually in an account under the name of Property Lovers  
LLC. I was also provided with a real estate joint venture agreement between the two  
companies. I ask that you refer this back to Legislative Hearings on November 8 to  
review this further. In circumstances like this, I have a much lower level of confidence  
in the ability to complete a rehabilitation when the evidence of financing is so late and  
so poorly executed.  
Yahiayan: I would like to get this project completed. There is a lot of work yet to be  
done. I haven't reviewed the inspection reports yet, but we want to move forward. If we  
have to wait until November 8 that is fine. I apologize for the delays. We are dealing  
with winter approaching here in Detroit, Michigan and have some projects we needed to  
close here. We are looking forward to getting this done in a timely manner.  
Council President Brendmoen: As much as you and your partners want this completed,  
the City wants it completed doubly so. This has been vacant too long. We are getting  
things done before winter here as well. I move the recommendation of the Legislative  
Hearing Officer.  
Referred to November 8, 2022 Legislative Hearing  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
Absent:  
Appeal of Matthew and Jamie Wright to a Correction Order at 1155  
SEMINARY AVENUE.  
29  
Library box, post, and materials in the ground are to be removed by December 1.  
Also in attendance: Matthew Wright, appellant  
Marcia Moermond, Legislative Hearing Officer: This for removal of a free library post  
and box on the boulevard between the sidewalk and the street, along with materials  
holding it in the ground, which is violation of city code related to obstructions of public  
land. There are other code enforcement issues which were not in the original correction  
order: tall grass and weeds and the growth height in the planter beds. These were in a  
separate order, as the inspector was likely new. They should have all been together in  
the original correction order. The second correction order came in between our  
legislative hearing and today, and we agreed that the appeal fee would be waived if  
there was a second appeal, since they should have been combined. My  
recommendation is to grant to December 1 to come into compliance. I understand that  
a nonprofit was working with the property owners to put these libraries up and may not  
have been aware of the requirement to be on the owner's property. The Little Free  
Library organization is very aware of these requirements, but this was actually  
organized by a separate organization wanting to improve their community. It is a  
sympathetic situation, but there are right-of-way concerns.  
Councilmember Jalali: What exactly are we asking the property owner to do? Are we  
asking them to take a post out of the ground or is there also cement in the ground that  
would need to be removed?  
Moermond: I am not sure. There may be cement supports or greater depth because of  
the weight of the box.  
Council President Brendmoen: It would be a bigger task relatively but it's still just  
taking it out and digging a new hole.  
Wright: This library was given to us as part of an art project, Love Letters to the  
Midway, which was about building community during the pandemic and the aftermath of  
the murder of George Floyd, which had a strong effect on our community. We placed  
the library where it is for ease of access. The previous owners had the garden boxes,  
and so when we bought the house we assumed they were okay. There also seems to  
have been an incorrect citation in the correction order, and we were not aware of the  
planter box concern until it was brought up in the legislative hearing. Also, the code  
citation from Moermond earlier regarding obstructions of public land doesn't actually  
mention boulevards specifically. There is a part of the city code dealing with  
boulevards, but this was never mentioned in any citation to us. The confusing process,  
the prevalence of these types of boxes in boulevards, and the public benefit of these  
should allow these items to stay. It would be nice regularize this through a modification  
of city code. People use boulevards all the time. The city actually has a program to  
encourage property owners to plant rain gardens in boulevards. I've seen much larger  
planter beds and libraries in boulevards. I don't think our use obstructs any city  
maintenance or right of way. We would appreciate relief, but we also want to think  
more broadly.  
Brendmoen: Why couldn't you just put it in your yard?  
Wright: I could. It's cemented which makes removal hard, but both could be in the  
front yard.  
Brendmoen: I'm just asking because I don't know if you have a front yard.  
Wright: I do have one, yes, but not everyone does.  
Jalali: I appreciate Wright's comments and did get a chance to read the letter he  
submitted. When making these decisions we have to look at what the code is, and  
whether this situation in violation of that. I did pull the correct code that does relate to  
this and unfortunately it is a violation. There is strong public benefit to the libraries,  
and this also about rebuilding the community in the wake of civil unrest and other  
stressful situation. This was all organized by a community artist collective who did this  
all for free, which is important context. We do have to fix this situation though. It's  
about things like snow removal and street cleaning. My concern is the cost of moving  
this. I've heard it could be either cheap or expensive, and I don't want to place an  
undue financial burden on you. I know what it's like to inherit things from a property  
owner and assume that something is allowed. I'm sorry about this situation that may  
have convoluted a relatively simple situation. I move to the recommendation of the  
Legislative Hearing Officer, and between now and December 1 I would like to work with  
the appellant and other partners to see if we can alleviate the cost burden somehow.  
Brendmoen: We have seen issues like this before. The city also needs access to  
boulevards for things like water, sewer, and waste lines when digging is needed at a  
moment's notice. I support this motion. I support the date as well so we can complete  
this before the ground freezes.  
Adopted  
5 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Jalali and Councilmember Balenger  
Nay:  
2 - Councilmember Prince and Councilmember Yang  
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 Jalali moved approval.  
Legislative Hearing Consent Agenda adopted as amended  
4 -  
0
Yea:  
Nay:  
Councilmember Brendmoen, Councilmember Noecker, Councilmember  
Jalali and Councilmember Balenger  
3 - Councilmember Tolbert, Councilmember Prince and Councilmember Yang  
Absent:  
Appeal of Jay Mitchell, Quality Residences LLC, to a Vacant Building  
Registration Notice at 1039 BRADLEY STREET.  
24  
25  
Adopted  
Appeal of Jack Cann, Housing Justice Center, Representing Tenant, Angela  
Wilhight, to a Rent Stabilization Determination at 261 FIFTH STREET EAST,  
UNIT #604.  
Public hearing continued to November 9, 2022  
Appeal of Sandra Lou to a Vacant Building Registration Notice at 38  
MARYLAND AVENUE EAST.  
RLH RR 22-39  
26  
27  
30  
31  
Adopted  
Second Making finding on the appealed substantial abatement ordered for 575  
PARK STREET in Council File RLH RR 21-71.  
Referred to November 8, 2022 Legislative Hearing  
Appeal of Katherine Gosiger to a Fire Certificate of Occupancy Correction  
Notice at 258 SEVENTH STREET WEST.  
Adopted as amended  
Making recommendation to Ramsey County on the application of Frances  
Nelson Lesicko for repurchase of tax forfeited property at 334 WARWICK  
STREET.  
Adopted  
Appeal of Chris and Mackenzie Ryan to a Vacant Building Registration  
Requirement at 904 WILDER STREET SOUTH.  
32  
33  
Adopted  
Appeal of Benjamin Kaufman, SMRLS, Representing Tenant, Virginia Gibbons  
to a Fire Certificate of Occupancy Approval with Correction, including  
Condemnation and Order to Vacate at 1300 WILSON AVENUE, #1211.  
Adopted  
ADJOURNMENT  
Meeting ended at 4:19 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  
public record and available for review by the City Council. Comments may be  
submitted as follows:  
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. Live testimony will be taken in person in the Council Chambers, and by  
telephone by registering to speak by noon on the day before the meeting. The  
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