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, April 12, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:33 PM

5 -

Present

Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Jane L. Prince, Councilmember Mitra Jalali and

Councilmember Russel Balenger

2 - Councilmember Rebecca Noecker and Councilmember Nelsie Yang

Absent

COMMUNICATIONS & RECEIVE/FILE

Establishing one (1) new project through the Neighborhood STAR Year-Round

AO 23-38

Program as adopted via City Council Resolution #23-419. In addition, funding

designated for the Saint Paul Intervention Project via Res # 23-27 is being

added to one Neighborhood STAR project as adopted via City Council

Resolution # 17-1005 and Res# 17-1770.

Received and Filed

Amending the 2023 spending budget in the Department of Public Works

Sewers Utility Fund Sewer Inspections Program accounting unit.

AO 23-41

Received and Filed

Amending the 2022 Capital Improvement Budget to allocate funding for capital

maintenance projects and contingency, as recommended by the Capital

Improvement Budget Committee.

AO 23-42

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 Items 4, 5, 6, and 27 would be taken

separately.

Councilmember Jalali moved approval.

Consent Agenda adopted as amended

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Authorizing the Department of Planning and Economic Development to apply

for the Metropolitan Council's Livable Communities Demonstration Account

Predevelopment grant funds for projects at 694 and 680 Minnehaha Avenue

East (Hamm's Brewery) and 0 Marshall Avenue and 1036 Marshall Avenue

(Rondo Community Land Trust), which will include indemnification previsions

in favor of the Metropolitan Council.

RES 23-423

Adopted

Acknowledging a public purpose of community participation in the co-design

of City services and technical solutions and granting permission to the Office

of Technology and Communication to spend city funds on behalf of the City to

incentivize and compensate residents, business owners, and other

community stakeholders who participate in design research and usability

testing.

RES 23-443

Adopted

Authorizing the City to transfer $429,454 of American Rescue Plan funds from

the ONS Community Council Grants project to a new project for Oxford

Community Center Staffing.

Adopted

Approving a Liquor On Sale - 181-290 seats, a Liquor On Sale - Sunday, and

a Liquor - Outdoor Service Area (Sidewalk) license to Centro Highland Park,

LLC d/b/a Centro (License ID #20230000282) for the premises located at 750

Cleveland Avenue South.

Adopted

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

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

Autumn, LLC d/b/a Herbst Eatery and Farm Stand (License ID

#20230000337) for the premises located at 779 Raymond Avenue.

Adopted

Approving a Health/Sport Club license to Los Campeones Gym, LLC d/b/a

Los Campeones Gym (License ID #20230000270) for the premises located at

1550 Rice Street.

Adopted

Authorizing the City, on behalf of the Parks and Recreation Department, to

accept a donation in the amount of $40,000 from the Midway Men's Club to

support Recreation Services programming.

RES 23-497

RES 23-499

RES 23-500

Adopted

Approving the Memorandum of Agreement between the City and the Saint

Paul Police Federation for the purpose of establishing an on-call schedule.

Laid over to April 19, 2023

Authorizing the City on behalf of the Saint Paul Parks and Recreation

Department, to apply for grant funds of $100,000 from Minnesota Twins and, if

awarded, accept, and enter into a grant agreement.

Adopted

Approving the Liquor On Sale-291 seats or more, Liquor On Sale-Sunday,

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

Entertainment B licenses for The Lowlands, LLC d/b/a The Lowlands, LLC

(License ID #20230000271) for the premises located at 160 Wabasha Street

South.

RES 23-507

RES 23-508

Adopted

Agreeing to the amended Minnesota Opioids State-Subdivision Memorandum

of Agreement and authorizing City staff to execute all necessary documents

to ensure the City's participation in the Teva Pharmaceuticals, Allergan PLC,

Walmart Inc., CVS Health Corp., and Walgreens Boots Alliance Inc.

Settlements, including the participation Agreement and accompanying

Release and the Amended State-Subdivision Agreement.

Adopted

Authorizing the Department of Parks and Recreation to apply for and accept a

grant from the Consumer Product Safety Commission, Pool Safely Grant

Program (PSGP) in the amount of $250,000 to support the Saint Paul

Aquatics Water Safety and Drowning Prevention Program.

RES 23-509

RES 23-514

RES 23-515

Adopted

Authorizing the Fire Department to accept the donation of 25 treadmills and 25

water rowing machines valued at $25,000 from the Saint Paul Fire

Foundation.

Adopted

Authorizing the City to enter into a Mutual Aid Agreement, on behalf of the

Police Department, with the City of South Saint Paul.

Adopted

Authorizing the City to enter into a Mutual Aid Agreement, on behalf of the

Police Department, with the City of Oakdale.

RES 23-517

RES 23-520

Adopted

Approving the Memorandum of Agreement for the 2023 Wage and Fringe

Adjustment between the City of Saint Paul and the Electrical Workers Local

110.

Laid over to April 19, 2023

Authorizing using a Project Labor Agreement for 2023 Arterial Mill and Overlay

and Pedestrian Improvements, 2023 Citywide Sidewalk Contract, 2023

City-County Sidewalk Improvements, 2023 Residential Mill and Overlay,

Annapolis Street Reconstruction, Bruce Vento Safe Routes to School, Kellogg

Boulevard Capital City Bikeway, Lafayette Trail, Maxfield Safe Routes to

School, Minnesota Street Reconstruction, and Pierce Butler and Minnehaha

Avenue Intersection Improvements, and authorizing not using a Project Labor

Agreement for Otto-Shepard Bridge Rehabilitation.

RES 23-523

Adopted

Authorizing the City to accept a donation of $500 from the Saint Paul Police

Foundation on behalf of the Police Department (SPPD) to provide food for

volunteers helping at a May training event.

RES 23-525

RES 23-530

Adopted

Authorizing agreements between the City and The Learning Jet, for the Police

Department's use of commercial space for police operations.

Adopted

Authorizing the Fire Department to donate 17 treadmills to the Minneapolis

Fire Department.

RES 23-531

RES 23-541

RES 23-542

Adopted

Supporting a Job Creation Fund application in connection with ForwardEdge

ASIC LLC for a project proposed at 2340 or 2344 Energy Park Drive (District

12, Ward 4).

Adopted

Authorizing the Police Department to submit an application for funds under a

Request for Proposal issued by the United States Department of Justice,

Office of Community Oriented Policing Services (COPS) FY 2023

Microgrants Program.

Adopted

Approving the use of additional grant funds through the Ward 3 Neighborhood

Star Year-Round Program for a new Hamline Avenue Pathway.

RES 23-546

RES 23-549

RES 23-438

Adopted

Approving the Mayor’s reappointment of Liz Xiong, John Marshall, and Emma

Burns to the Visit Saint Paul Board of Directors.

Adopted

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

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

and the Saint Paul Supervisors' Organization.

Adopted

Changing the rate of pay for Grounds Crew Leader in the LIUNA City

Employees Local #363 Salary Schedule.

RES 23-442

Adopted

FOR DISCUSSION

Authorizing the City to accept a donation of safety carpet on behalf of the

Police Department (SPPD) for use during canine training.

RES 23-269

Councilmember Balenger spoke in opposition to Items 4, 5, and 6.

Council President Brendmoen spoke in support.

Councilmember Jalali spoke in support.

Brendmoen moved approval.

Adopted

4 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince and Councilmember Jalali

1 - Councilmember Balenger

2 - Councilmember Noecker and Councilmember Yang

Absent:

Authorizing the City to accept a donation of items valued at $19,809.00 on

behalf of the Police Department (SPPD) for canine care from the St. Paul

Police K9 Foundation.

RES 23-270

Council President Brendmoen moved approval.

Adopted

4 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince and Councilmember Jalali

1 - Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Authorizing the City to accept an ‘in kind’ donation valued at $4,418.52 on

behalf of the Police Department (SPPD) for canine grounds maintenance

from the St. Paul Police K9 Foundation.

RES 23-271

Council President Brendmoen moved approval.

Adopted

4 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince and Councilmember Jalali

1 - Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Declaring April 2023 as Fair Housing Month in Saint Paul.

Councilmember Prince spoke in support.

RES 23-535

Paige Kahle from the St. Paul Area Association of Realtors spoke to the resolution.

Faith Deitz, Fair Housing Coordinator in the Office of Financial Services, spoke to the

resolution.

Councilmember Jalali spoke in support.

Prince moved approval of Version 2.

Adopted as amended

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Ramsey County-City of Saint Paul American Rescue Plan Act: Young Adult

Career Academy Update.

SR 23-66

Councilmember Tolbert gave an introduction.

Ling Becker, Director of Workforce Solutions for Ramsey County, gave a staff report.

Butch Inks, Fire Chief, gave a staff report.

Andy Rodriguez, Director of Parks and Recreation, gave a staff report.

Received and Filed

SUSPENSION ITEM

Approving a Temporary License Agreement between the City of Saint Paul

Police Department and Shidler/West Finance Partners for the Department's

use of a parking lot for the temporary relocation of the City Impound Lot

RES 23-534

Council President Brendmoen spoke to the resolution.

Councilmember Tolbert moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker 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 52 of the Legislative Code pertaining to storm water runoff

management and incorporating by reference the regulatory standards and

guidelines of the Saint Paul Stormwater Management Design Standards

manual.

Ord 23-17

Councilmember Prince moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Amending Chapter 63 and Chapter 69 of the Legislative Code pertaining to

Stormwater Run-Off and Wetlands.

Ord 23-16

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

PUBLIC HEARINGS

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

to testify.

Final Order approving the reconstruction of streets in the 2023 Saint Paul

Streets Program (2023 SPS).

RES PH 23-43

Kelly Hadac, legal counsel for affected property owners, spoke during the public

hearing.

Council President Brendmoen spoke to Hadac's concerns.

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Amending the 2023 Saint Paul Regional Water Services Adopted Budget in

the amount of $97,862,510 to reflect the issuance of 2023 revenue bonds.

RES PH 23-75

Councilmember Tolbert moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the application of Anderson Race Management for a sound level

variance in order to present amplified sound on May 20, 2023 at 200 Dr Justus

Ohage Boulevard - Harriet Island Regional Park Riverside.

RES PH 23-77

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the application of Eclectic Culinary Concepts dba Pajarito for a

sound level variance in order to present amplified sound on Saturday, May 6,

2023 at 605 Seventh Street West - Pajarito.

RES PH 23-78

Councilmember Prince moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the applications of the Minnesota United FC for sound level

variance applications in order to present amplified sound on May 17, 2023,

RES PH 23-79

May 27 and on June 3, 2023 within the Street and the Beer Garden Area at

Allianz Field - 400 Snelling Avenue North.

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Amending the financing and spending plans in the Fire Department in the

amount of $31,500 for the 2022 Hazardous Material Emergency

Preparedness Grant.

RES PH 23-80

Councilmember Tolbert moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

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

by ForwardEdge ASIC, LLC for a Project Proposed at 2340 or 2344 Energy

Park Drive (District 12, Ward 4).

RES PH 23-85

Nicolle Goodman, Director of Planning and Economic Development, gave a staff

report.

Council President Brendmoen spoke in support.

Councilmember Jalali spoke in support.

Councilmember Tolbert spoke in support.

Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

LEGISLATIVE HEARING DISCUSSION ITEM

Ratifying the Appealed Special Tax Assessment for property at 1985

RLH TA 23-78

MINNEHAHA AVENUE EAST. (File No. J2313A, Assessment No. 238512)

Laid over for 6 months to October 11, 2023. Expectation is to avoid future tall grass

and weeds incidents for the potential of having the assessment reduced by 50%.

Marcia Moermond, Legislative Hearing Officer: The property owner had a letter

objecting to my recommendation, and so Councilmember Prince asked that I prepare

a staff report. This is a tax assessment related to removal of tall grass and weeds. The

letter or abate was sent out August 16, 2022 and the standard 6 days to comply was

given. The inspector went back out and the work was not done on time, but they did

grant an additional 2 weeks before a work order was issued. The crew arrived on

September 1, 2022. This property does have a history of tall grass and weeds

violations. In 2022 there was also an order about branches that needed to be removed.

3 tall grass and weeds orders in 2019, also some in 2017, 2016, and 2015. In this

case, the property owner indicated during the hearing that she was not in town when the

orders were issued, and therefore unable to address it. She did not have someone

monitoring her mail in her absence. Also noted during the hearing was that she was

trying to establish prairie-type planting in the boulevard area, and that when the crew

arrived they removed not only the tall grass but also this planting. We discussed what

that planting might look like. Personally, when I looked at the video and photos, I

thought there a lot of dandelions and other plants that might have confused the crew

about this being tall grass and weeds, as opposed to intentional planting to attract

butterflies.

Moermond then showed video documenting the tall grass and weeds before the work

was done.

Moermond: The purpose of this video is just to establish the condition when the crew

arrived. You will see in photos that there was a measuring tape inserted into the

boulevard area and found that growth exceeded one foot, coming up on 2 feet. The

front yard is clearly in excess of 8 inches of growth.

Moermond then showed video documenting the tall grass and weeds after the work was

done.

Moermond: As you can see, they did leave the plants closer to the porch, as that

looked like intentional planting. We did see some hosta in there. They did mow the

rest of the area. The assessment for doing this work is $160 for the crew and a service

charge of $162, for a total assessment of $322.

Council President Brendmoen: Is there anyone here to speak to this item?

Moermond: No. You just have the email attached to the record. I think I presented

what their concerns were.

Councilmember Prince moved to close the public hearing. Motion approved 5-0.

Prince: Having studied the email from the property owner and being convinced that she

is dedicated to complying, I would like to take the opportunity with the coming warm

weather seasons to move to lay this over for 6 months until October 11, 2023, so that

the property owner can demonstrate a commitment to getting their yard under control.

If by that date, there are no same or similar..we would reduce the fines by 50%.

Brendmoen: In your proposal, who pays for the $160 for mowing her lawn?

Prince: I thought that was the service fee, as an opportunity to reduce the amount.

Brendmoen: So $160 is free for us? Moermond, can you clarify the cost?

Moermond: $162 for the service charge, which I can give you an aproximate breakdown

of. There is a real estate processing fee, a Department of Safety and Inspections fee,

as well as like $5 for the City Attorney's office. That bring the total processing cost up

to $162, just to send the assessment through. That amount is pretty much equal to the

cost of performing the work.

Brendmoen: So, Prince, you're suggesting it's some cost, so we should give her 6

months to mow her lawn and then write it off?

Prince: And deal with the boulevard plantings.

Brendmoen: I will support your motion today, but I will say that it does open up the door

for...those costs, whether or not they're sunk, are our staff doing the work. It sounds

like this person has a pattern of doing this. In looking at the video, I agree that the

boulevard looked like overgrown weeds. The problem is that their neighbors experience

the yard as it is, not as the owner seems it to be. I will support this today and hope for

the best in the next 6 months, while also recognizing that we have a history of not

pushing these fees off onto other taxpayers.

Public hearing closed and laid over to October 11, 2023

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker 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

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Appeal of Warren Enright, Tenant, to a Notice of Condemnation-Unfit for

Human Habitation-Order to Vacate at 1355 EUSTIS STREET, UNIT #2.

(Legislative Hearing on April 11, 2023)

RLH VO 23-11

RLH RR 23-11

RLH RR 22-55

Adopted as amended (extension granted)

Making finding on the appealed substantial abatement ordered for 733

FAIRVIEW AVENUE NORTH in Council File RLH RR 22-28. (Legislative

Hearing on April 11, 2023)

Referred to April 25, 2023 Legislative Hearing

Ordering the rehabilitation or razing and removal of the structures at 1366

FREMONT AVENUE within fifteen (15) days after the October 26, 2022, City

Council Public Hearing. (Amend to remove 15 days)

Public hearing continued to April 26, 2023

Appeal of James Richter to a Vacant Building Registration Notice at 1222

SEVENTH STREET WEST.

RLH VBR 23-14

RLH VO 23-13

RLH VO 23-12

Adopted

Appeal of Atnafu Yeshidagne to a Fire Certificate of Occupancy and Order to

Vacate at 506-510 SNELLING AVENUE.

Adopted

Appeal of Brian Norelius to a Revocation of Fire Certificate of Occupancy and

Order to Vacate at 842 VANDALIA STREET. (To refer back to April 25, 2023

Legislative Hearing)

Referred to April 25, 2023 Legislative Hearing

Amending Council File RLH AR 23-11 to delete the assessment for Collection

of Delinquent Garbage Bills for services during July to September 2022 at

1932 ASHLAND AVENUE. (File No. CG2204A3, Assessment No. 220115)

RLH TA 23-138

RLH TA 23-142

ADJOURNMENT

Adopted

Amending Council File RLH AR 23-11 to delete the assessment for Collection

of Delinquent Garbage Bills for services during July to September 2022 at 723

SIXTH STREET EAST. (File No. CG2204A3, Assessment No. 220115)

Adopted

Meeting ended at 4:22 PM

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

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

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Written public comment on public hearing items can be submitted to

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