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, March 15, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:31 PM

6 - Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Rebecca Noecker, Councilmember Jane L. Prince,

Councilmember Mitra Jalali and Councilmember Nelsie Yang

Present

1 - Councilmember Russel Balenger

Absent

COMMUNICATIONS & RECEIVE/FILE

Letter from the Department of Safety and Inspections declaring 871 Stickney

CO 23-12

Street a nuisance property. (For notification purposes only; public hearings

will be scheduled at a later date if necessary.)

Received and Filed

Partial funding designated for the City Council Neighborhood Investment

Fund is being added to the Neighborhood STAR Year-Round Program.

AO 23-26

AO 23-30

Received and Filed

Amending CDBG Project Budgets: Funding for 166 Larpenteur (Fantasy

Nails), a project selected by CDBG subgrantee ESNDC for their North End

Façade Improvement Program (NEFIP).

Received and Filed

Amending CDBG Project Budgets: Funding for Fire Station 51 project

rehabilitation costs.

AO 23-31

AO 23-32

Received and Filed

Amending CDBG Project Budgets: funding for Rondo Community Land Trust

CDBG subaward.

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 Brendmoen stated that Item 6 would be taken separately.

Councilmember Yang moved approval.

Consent Agenda adopted as amended

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

Absent:

Authorizing the Police Department to enter into an agreement with the Saint

Paul Public Housing Agency for the collaborative A Community Outreach

Program (ACOP), that includes an indemnification clause.

RES 23-332

RES 23-340

Adopted

Approving an extension amendment for the Saint Paul Farmers Market

lease, located downtown and bounded by Fourth Street, Fifth Street,

Broadway Street, and Wall Street (District 17, Ward 2).

Adopted

Approving the agreement with Lime (Neutron Holdings, Inc. dba Lime) to

provide e-scooter sharing services for the 2023 scooter season.

RES 23-352

RES 23-353

RES 23-355

Adopted

Approving the agreement with Spin (Skinny Labs Inc. dba Spin) to provide

e-scooter sharing services for the 2023 scooter season.

Adopted

Appointing the firm Quinlivan & Hughes, P.A., under the direction of attorney

Dyan J. Ebert, as outside counsel representing Fire Captain Jeremy Coy in

the matter of Ahmed Ali v. Jeremy Coy; David Alfred; Ulicer Sanchez; Vang

Touhu; City of St. Paul.

Adopted

Appointing the firm Waldeck & Woodrow, P.A., under the direction of

attorney Theodore J. Waldeck, as outside counsel representing Firefighter

Vang Touhu in the matter of Ahmed Ali v. Jeremy Coy; David Alfred; Ulicer

Sanchez; Vang Touhu; City of St. Paul.

RES 23-356

RES 23-357

Adopted

Appointing the firm Ratwik, Roszak & Maloney, P.A., under the direction of

attorney Margaret Skelton, as outside counsel representing Fire Equipment

Operator David Alfred in the matter of Ahmed Ali v. Jeremy Coy; David

Alfred; Ulicer Sanchez; Vang Touhu; City of St. Paul.

Adopted

Appointing the firm Jardine, Logan & O’Brien, P.L.L.P., under the direction of

attorney Joseph E. Flynn, as outside counsel representing Firefighter Ulicer

Sanchez in the matter of Ahmed Ali v. Jeremy Coy; David Alfred; Ulicer

Sanchez; Vang Touhu; City of St. Paul.

Adopted

Authorizing the Police Department to enter into an agreement with Ramsey

County to provide services with funding from a 2022 American Rescue Plan

Act Innovation in Community Safety (ARPIC) Grant from the Minnesota

Department of Public Safety.

Adopted

Approving the application with no conditions, per the Legislative Hearing

Officer, for Bold Grit LLC (License ID# 20230000117), d/b/a Club Pilates

Highland Park West, for a Health/Sport Club license located at 757

Cleveland Avenue South.

Adopted

Authorizing the Fire Department to apply for the 2022 Staffing for Adequate

Fire and Emergency Response (SAFER) grant in the amount of $4,579,629

from the Federal Emergency Management Agency (FEMA) to hire 14

additional firefighters.

Adopted

Approving a Liquor Off Sale license to Randolph Liquors Inc. d/b/a Randolph

Liquors (License ID #20220002141) for the premises located at 1325

Randolph Avenue.

RES 23-370

RES 23-374

Adopted

Approving the application with conditions, per the Deputy Legislative Hearing

Officer, for Slate Billiard Club LLC (License ID #20230000170), d/b/a same,

for a Pool & Billiard Hall license located 755 Prior Avenue North, Suite

#002A.

Adopted

Approval of financing of a $2,307,342 American Rescue Plan Act (ARPA)

loan; authorization to enter into a subrecipient and loan agreement for the

Ashland Apartments project at 532 Ashland; and authorization to transfer the

funds from the 30% AMI Deeply Affordable Housing account to a specific

account for the Ashland Apartments Housing Project (District 8, Ward 1).

RES 23-392

RES 23-393

Adopted

Approving the Mayor’s appointments of Maribel Davidson, Natalie King, Ana

Perez, Crystal Robinson, and Aimee Vue to the Neighborhood STAR Board.

Adopted

Authorizing the City Attorney's Office to apply for a 2024 Crime Victim

Services 12- Month Grant from the Minnesota Department of Public Safety,

Office of Justice Programs (OJP).

RES 23-397

RES 23-402

Adopted

Accepting the gift of the costs of travel, food, and lodging from the Black

Economic Alliance (BEA), for Mayor Melvin Carter’s attendance at the Black

Economic Alliance Solutions Summit in New York, NY, on March 21, 2023.

Adopted

Approving the minutes of the Saint Paul City Council meetings of April 6, 13,

20, and 27, 2022.

Min 23-15

Min 23-17

Adopted

Approving the minutes of the Saint Paul City Council meetings of February 1,

8, 15, and 22, 2023.

Adopted

FOR DISCUSSION

Authorizing the City to grant a Temporary Revocable License on behalf of the

Police Department (SPPD) for lease of 235 Maryland Avenue East, Saint

Paul, MN with Shindler/West Finance Partners for canine training.

RES 23-331

Councilmember Yang moved to lay over for one week.

Laid over to March 22, 2023

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

Absent:

Recognizing Holly Huston’s career and dedicated service to the City of

Saint Paul.

RES 23-399

Councilmember Tolbert read from the resolution and presented it to Holly Huston.

Huston gave remarks.

Councilmember Yang congratulated Huston and thanked her for her work.

Councilmember Jalali congratulated Huston and thanked her for her work.

Councilmember Noecker congratulated Huston and thanked her for her work.

Councilmember Prince congratulated Huston and thanked her for her work.

Tolbert congratulated Huston and thanked her for her work.

Council President Brendmoen congratulated Huston and thanked her for her work.

Tolbert moved approval.

Adopted

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

Absent:

SUSPENSION ITEMS

Approving the use of grant funds through the Ward 2 Neighborhood STAR

Year-Round Program for projects located at FoxFace Studios.

RES 23-419

Councilmember Noecker spoke to the resolution and moved approval.

Council President Brendmoen spoke in favor.

Councilmember Jalali spoke in favor.

Councilmember Yang spoke in favor.

Adopted

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

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

Granting the application of William Janicke to rezone property at 869

Arkwright St from RT1 two-family residential to RT2 townhouse residential

and amending Chapter 60 of the Legislative Code pertaining to the zoning

map.

Ord 23-14

Council President Brendmoen moved approval.

Adopted

5 - Councilmember Brendmoen, Councilmember Noecker, Councilmember

Prince, Councilmember Jalali and Councilmember Yang

Yea:

Nay:

2 - Councilmember Tolbert and Councilmember Balenger

Absent:

First Reading

Granting the application of 1598 Carroll LLC to rezone the property at 1598

Carroll Avenue from T2 traditional neighborhood to I1 light industrial and

amending Chapter 60 of the Legislative Code pertaining to the zoning map.

Ord 23-13

Katy Dadlez, City Planner, gave a staff report.

Councilmember Jalali acknowledged letters of concern and asked about steps going

forward to deal with potential problems.

Dadlez answered Jalali's question.

Councilmember Prince acknowledged letters of concern.

Council President Brendmoen acknowledged letters of concern and asked about

conditions being placed on a rezoning.

Dadlez said that rezoning had nothing to do with the business and could not have

conditions attached.

Noecker spoke in support.

Laid over to March 22, 2023 for Second Reading

Granting the application of Rosenblum Family Limited Partnership to rezone

the property at 271 Snelling Avenue North from IT transitional industrial to I1

light industrial and amending Chapter 60 of the Legislative Code pertaining to

the zoning map.

Ord 23-15

Katy Dadlez, City Planner, gave a staff report.

Laid over to March 22, 2023 for Second Reading

PUBLIC HEARINGS

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

to testify.

Considering and adopting the Order on Cross Motions for Summary

Disposition of the Administrative Law Judge and imposing the presumptive

matrix penalty for a first violation, suspending the licenses held by Majid

Nitaishoon d/b/a MJ Market, located at 922 Thomas Avenue, for 10 days in

accordance with Legislative Code §324.10.

RES PH 23-45

Therese Skarda, Assistant City Attorney, gave a staff report.

Craig Beuning, attorney for the licensee, spoke in favor of the Administrative Law

Judge's recommendation.

Council President Brendmoen spoke in favor and moved approval.

Adopted

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

Absent:

Approving the application of Visit Saint Paul for a sound level variance in

order to present amplified sound for the Visit Saint Paul/NCHC Fan Fest

2023 on March 17 and 18, 2023 on the Patio of Apostle Supper Club at 253

Kellogg Boulevard West - on Seventh Street West between Kellogg

Boulevard West and Fifth Street West.

RES PH 23-49

Councilmember Noecker moved approval.

Adopted

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

Absent:

Authorizing the Department of Planning and Economic Development to

accept grant funds from Living Cities and to amend the financing and

spending plan, in the amount of $400,000, to support homeownership

strategies.

RES PH 23-54

Maryan Abdi, Project Manager with Planning and Economic Development, gave a

staff report.

Councilmember Prince spoke in support.

Councilmember Yang spoke in support.

Council President Brendmoen spoke in support.

Yang moved approval.

Adopted

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

Absent:

Authorizing the execution of business subsidy agreements for the

Neighborhood STAR loans and grants for the Shanghai Wholesale LLC

project located at 640 Prior Avenue North (District 11, Ward 4), Vina

Highland Inc project at 756 Cleveland Avenue South (District 15, Ward 3),

and Wabasha Partners LLC project located at 160 Wabasha Street South

(District 3, Ward 2).

RES PH 23-57

Daniela Lorenz, Project Manager with Planning and Economic Development, gave a

staff report.

Councilmember Tolbert moved approval.

Adopted

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Yea:

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Nay:

1 - Councilmember Balenger

Absent:

LEGISLATIVE HEARING DISCUSSION ITEM

Appeal of Greg Trentman and Rachel Goligoski to a Summary Abatement

RLH SAO 22-52

Order at 1317 SELBY AVENUE.

Appellants given until July 1, 2023 to come into compliance.

Also in attendance: Greg Trentman, appellant

Marcia Moermond, Legislative Hearing Officer: An order was issued for this property

on November 4 to remove a library box on a boulevard. The post is actually

cemented into the ground. Our right of way code states there are restrictions on

things that can be placed in the city's right of way. This is considered an obstruction,

per city code, as it includes posts and building materials. 10 days were given, and the

appeal was filed on the deadline of November 14. Legislative Hearings were held on

December 13 and February 21. In the December 13 hearing we discussed why it was

considered a violation. The appellant asked to know the differences between this and

trees or light posts in the right of way, and we discussed those differences and

whether this could be allowed in the future. We gave a lot of time between that and

the next hearing to give the appellant time to apply to Public Works for a waiver to

encroach into the public right of way, and provided the information to do so. Public

Works has a $250 filing for that, and they did indicate to me that one thing they

consider is whether it can be accommodated on the private property side. With this

property, could the box be installed inside the retaining wall? Yes it could, the height

would be higher. There was no appeal filed with public works or ask to waive their

appeal fee. There was a discussion later in hearing about whether the installation

could be moved to another property and have it be on their property. Regarding

moving it to their own private property, the appellant indicated that its current location

was wheelchair accessible in their view, and that putting it on top of the retaining wall

was not wheelchair accessible. I am not sure if the mulch and setback makes either

wheelchair accessible. My recommendation is to allow an extension to July 1 for

removal, to give additional time for relocation on the appellant's property or another

property.

Council President Brendmoen: So the extension is to give time for the snow to thaw

and potentially relocate the box?

Moermond: Yes. It is currently underneath a snow bank and a layer of frost. We need

a thaw before this can be moved.

Councilmember Jalali: I am generally supportive of what you are proposing. I know it

feels frustrating as the appellant in this situation, and I am going to reach out to Little

Free Library to see if they can do more work on community education. I know it's not

one of their boxes, but maybe they can help. We had a similar situation in my ward.

Moermond: The Little Free Library website does have good resources for helping

people install boxes.

Trentman: My partner was pretty disappointed by this situation and could not be here,

so I will speak on her behalf as well. First, this land does not rightfully belong to the

City or us. It's stolen from the Dakotas. We were fortunate enough to purchase this

property, and we are the current stewards. We have completely landscaped our yard

and boulevard garden and received recognition for it. Now we have received an order

to remove it. It was constructed during the COVID lockdown as a food pantry, place

to leave change for the nearby bus stop, and for books. It is one of the things that

make a block feel like a community. It is the only one on the north side of Selby for 20

blocks before hitting the cathedral. Residents are encouraged to plant trees on

boulevards, however these same trees are more invasive than this box. Why not

move it? We realized it would not be accessible to wheelchairs on top of the retaining

wall. The Little Free Library site recommends not putting boxes on boulevards, but

they have expressed interest in working on language to allow it in city code when the

private property is not an option. We would support this.

Councilmember Tolbert: Is your plan to remove it when the ground thaws or will the

city have to remove it?

Trentman: We can remove it.

Councilmember Yang: I'm curious about what exceptions can be made. I think we

could see this come up again and we should see what we can do.

Brendmoen: This has come before us before, but more often than not they are on

private property. This is about access to what's under the boulevard and being able

to store snow and not being able to remove private property from the public right of

way if work needed to be done. The law is very clear, though it may not be intuitive.

The Little Free Library resources is very clear about where they can be, with the

exception made for when they cannot be accommodated on private property. This is

not a situation like that. The question is: do we want to have a conversation with

public works about private structures in the public right of way, and opening up that

Pandora's Box?

Councilmember Prince: Did you not apply to Public Works for an encroachment

permit because of the $250 cost, and instead are asking us to change ordinance

without the fee?

Trentman: I did not think I should have to pay $250 for an outlier. I don't see why we

can't have language to address this in the future. The City won't be overwhelmed by

them. This was just a principled decision. I didn't want to pay when others can't afford

to.

Brendmoen: It is also that you need to prove to Public Works that the use cannot be

accommodated on private property.

Prince: It seems to me that we have a process for this.

Brendmoen: Just to clarify, this is about accommodation on private property and not

about utilities, when applying for an encroachment permit?

Moermond: One of the criteria Public Works uses is whether the use can be

accommodated on private property, and I told the appellant that. I don't know if they

have a process to waive the fee. I know that for legislative hearings we waive the fee

sometimes based on need. The fee is an unknown to me.

Prince: What I hear from the appellant is that putting it on their property is not

wheelchair accessible. Years ago I worked on boulevard gardens, so this ordinance

can be amended. I would be interested in looking into that. Encroachment permits

can be applied for in a number of cases. I think this is reasonable.

Brendmoen: As Jalali mentioned, there is never ill intent with these.

Councilmember Yang moved to close the public hearing. Motion approved 6-0.

Yang: Thank you, Greg, for being intentional and rooting your approach in equity.

Councilmember Noecker: Thank you for putting accessibility first. There is an interest

in exploring a change in the future. It is possible that even if we adopt this resolution,

given the July 1 deadline we could see a change in ordinance before that compliance

date. This decision does not preclude that.

Brendmoen moved approval.

Adopted

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

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 Tolbert moved approval.

Legislative Hearing Consent Agenda adopted as amended

6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Yea:

Nay:

1 - Councilmember Balenger

Absent:

Ratifying the Appealed Special Tax Assessment for property at 522

AURORA AVENUE. (File No. J2302A, Assessment No. 238501) (Public

hearing continued to March 15, 2023)

RLH TA 22-337

RLH TA 23-102

Adopted as amended (assessment reduced)

Amending Council File RLH AR 22-19 to delete the assessment for Property

Clean Up services during November 1 to 10, 2021 at 1615 CHARLES

AVENUE. (File No. J2214A, Assessment No. 228513)

Adopted

Appeal of Mark Allerman, Christ's Household of Faith, to a Vacant Building

Registration Renewal Notice at 27 EMPIRE DRIVE.

RLH VBR 23-11

RLH SAO 23-17

Adopted

Making finding on the appealed nuisance abatement ordered for 1947

LINCOLN AVENUE in Council File RLH SAO 23-16. (Legislative Hearing on

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

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