City Hall and Court House

15 West Kellogg Boulevard

Council Chambers - 3rd

Floor

City of Saint Paul

651-266-8560

Minutes - Final

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, September 22, 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 3:31 p.m.

Present: Tolbert, Prince, Jalali, Yang, Brendmoen (left later in the meeting)

Absent: Thao, Noecker

4 -

Present

Councilmember Chris Tolbert, Councilmember Jane L. Prince,

Councilmember Mitra Jalali and Councilmember Nelsie Yang

3 -

Absent

Councilmember Amy Brendmoen, Councilmember Dai Thao and

Councilmember Rebecca Noecker

COMMUNICATIONS & RECEIVE/FILE

Mayor's Emergency Executive Order 21-36.

CO 21-74

CO 21-75

Received and Filed

Letters from the Department of Safety and Inspections declaring 1034 Bradley

Street and 439 Herschel Street nuisance properties. (For notification

purposes only; public hearings will be scheduled at a later date if necessary.)

Received and Filed

Letter from the Department of Safety and Inspections declaring 939 Charles

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

will be scheduled at a later date if necessary.)

CO 21-76

Received and Filed

CONSENT AGENDA

Councilmember Yang approved the Consent Agenda.

4 in favor, none opposed

Consent Agenda is adopted

Adopted

4 -

Yea:

Councilmember Tolbert, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Nay:

3 -

Absent:

Councilmember Brendmoen, Councilmember Thao and Councilmember

Noecker

Approving the minutes of the Saint Paul City Council meetings of April 7, 14,

21, and 28, 2021.

Min 21-26

Adopted

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

1 to 13, 2021, and setting date of Legislative Hearing for October 19, 2021 and

City Council public hearing for January 26, 2022 to consider and levy the

assessments against individual properties. (File No. J2203A, Assessment No.

228502)

RES 21-1207

Adopted

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

15 to 30, 2021, and setting date of Legislative Hearing for October 19, 2021

and City Council public hearing for January 26, 2022 to consider and levy the

assessments against individual properties. (File No. J2204A, Assessment No.

228503)

RES 21-1208

Adopted

Authorizing the Department of Parks and Recreation to execute the attached

Lease Agreement between City and Circus of the Star, a non-profit

corporation organized and existing under the laws of the State of Minnesota

and doing business as “Circus Juventas”.

RES 21-1284

RES 21-1325

Adopted

Approving adverse action against the Gas Station and Cigarette/Tobacco

License held by Holiday Station store LLC (“Licensee”) d/b/a Holiday Station

store #5 (License ID# 0014861) at 629 Rice Street.

Adopted

Setting the date of Public Hearing for November 3, 2021 for 2022 Sanitary

Sewer Rates and 2022 Storm Sewer System Charges.

RES 21-1334

RES 21-1356

Adopted

Approving the May 1, 2021 - April 30, 2024 Maintenance Labor Agreement

between the City and the United Association of Plumbers, Local 34 and

Sprinkler Fitters, Local Union No. 417. (Laid over from September 22)

Laid over to October 6 for final adoption

Authorizing the Department of Planning and Economic Development to apply

to the Metropolitan Council for Livable Communities Demonstration Account

RES 21-1365

Transit-Oriented Development funding for projects at 911 Minnehaha Avenue

West and 1790/1800 University Avenue West and for Livable Communities

Demonstration Account Development funding for projects at 398/402 Front

Avenue, 176 Robert Street South, and 102/150 Water Street West/75 Bidwell

Street.

Adopted

Approving assessment costs and setting date of City Council Public Hearing

to ratify the assessment for benefits, costs, and expenses for the

Grand/Snelling parking lot operation and maintenance for 2022. File No.

18746-21, Assessment No. 217202.

RES 21-1387

RES 21-1389

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessment for benefits, costs and expenses for the Seventh Place

Mall operation and maintenance costs for 2020. File No. 18428-21,

Assessment No. 217200.

Adopted

FOR DISCUSSION

Status update from Human Resources on vaccine mandate.

SR 21-156

Toni Newborn, Director of Human Resources, gave an update on the vaccine mandate.

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

Creating Chapter 441 of the Legislative Code (Title XXI) pertaining to electric

vehicle charging rates at city-owned charging stations.

Ord 21-34

Councilmember Jalali moved approval. She appreciates seeing this project moving

along.

5 in favor, none opposed

Ordinance adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

First Reading

Amending Chapter 66 of the Legislative Code pertaining to the Ford Districts

(Leg. Code §§ 66.900 Ford Districts and 66.931 Ford District Dimensional

Standards by zoning district). (Public hearing closed October 6, 2021.)

Ord 21-35

Luis Pereira, Planning and Economic Development, said he is here with Tia Anderson,

and they wanted to bring the Council up to speed and remind them what the study is

about. They have some current regulations in the master plan and the zoning code.

They have what’s called lot coverage by open space. It is a standard. It is not a

common standard. In the zoning code, they typically have a lot coverage for buildings.

For Ford, they have one for the open space, too. The origins for this come from when

they were putting the master plan together with the community there was potential for

large buildings. The standard was created to address that concern by promoting some

areas that were undeveloped, spaces between buildings. In the master plan, open

space for private lots is defined by areas covered by landscape materials. In August,

there was a Planning Commission recommendation to the City Council. The outcomes

of the study, the proposed amendments: 1) remove a redundant standard given that

other dimensional standard regulate in a similar way, e.g. setbacks, building lot

coverage, landscape requirements, stormwater management 2) more directly and

effectively incentivize green roofs. There are some options for green roofs. There are

some green roofs in the master plan, but it has not been effective in achieving them.

Tia Anderson, City Planner in Department of Safety and Inspections (DSI),

summarized the recommendation from the Comprehensive Neighborhood Planning

Committee and Planning Commission: 1) Clarify lot coverage standards: add the

definition for “lot coverage”, which is the part or percent of the lot occupied by the

above grade portion of buildings from the Saint Paul Zoning Code to Chapter 6 of the

Master Plan entitled “building and lot terminology; remove “lot coverage by open space”

minimum from Chapter 6 of the Master Plan; remove the Master Plan definitions for

“open space coverage” and “green roof areas as open space” from Chapter 4 of the

Master Plan. Add a more direct incentive for green roofs. On private development

sites that have a green roof, all of them need to face a public right of way. They can

receive a bonus.

Councilmember Prince said Pereira had mentioned that the references in the master

plan were unique to the Ford master plan. They are getting rid of that? Anderson

responded that is correct. It is not in the zoning code and it is not part of any other

zoning district.

Prince said this was put in the Ford master plan for a reason. Clearly, there was an

extensive process in the Ford master plan and it is being taken out now. Will this

change the look and feel of this master plan because they are making this change?

How will this play out in terms of how it will look? Anderson suggested they finish the

presentation, they have slides later on that may answer some questions, and photos at

the end that will provide visuals.

Prince asked what CNPC stands for. Pereira responded Comprehensive

Neighborhood Planning Committee.

Anderson said the other recommendation is to amend and clarify the definition of

Functional Green Roof: an area atop a roof on a building open to the sky and air with

soil and living plan materials for the purpose of retaining rainwater and absorbing heat

from sunlight. The depth of planted materials shall be at least 2 inches. Those are

the changes being proposed.

Anderson continued: What is the study not about? Parks and civic open spaces.

Open spaces was used in multiple ways in the master plan. This study in no way

impacts publicly-owned parks and privately owned publicly-accessible open space

parcels and lots dedicated to the City. The study is also not about other density and

dimensional standards.

In summary, the study recommendations are seeking to 1) remove a redundant

dimensional standard and 2) seeks to more directly and effectively incentivize green

roofs.

She showed 2 examples from Highland Bridge Developments: These 2 blocks are

similar in size and intensity. They both have setback requirements. Both have about

the same building lot coverage. These are about the maxed out building footprint the

Council will see, yet they still need the floor area ratio, setback requirements.

Balconies count toward building lot coverage.

Prince asked is that what people are afraid of? If this provision was in place, there

would be more built space and it would feel more crowded. Someone e-mailed to her

and said the buildings create canyons in the development. It seems like that is the

fear that people are referring to. Anderson responded this project is already under

construction. This is just being used as an example. It is meeting all the

requirements today, but she was showing anecdotally how the project would be

different.

Tolbert said there is a lot of rumours because of the word “open space” means

something different than for planners. This does not affect the parks the City owns.

The City owns all the parkland and it does not effect the private/public space. This is

the first hearing and staff report.

This ordinance is laid over to October 6.

Laid over to October 6 for second reading/public hearing, which is being held rmotely

through e-mails and voice mails.

Laid Over to October 6 for Second Reading

PUBLIC HEARINGS

Amending the financing and spending plans in the Department of Public

Works Capital Budget to add funding to the 2021 Sidewalk Program and the

2021 Energy Park, Cleveland & Selby Interconnect Project.

RES PH 21-232

Councilmember Tolbert said testimony was taken in writing and by voice mail.

Councilmember Jalali moved to close the public hearing and adopt.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Nay:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Amending the financing and spending plans in the Department of Public

Works Capital Budget to transfer CIB and MSA funding into projects.

RES PH 21-234

Councilmember Tolbert said testimony was taken by writing and by voice mail.

Councilmember Prince moved to close the public hearing and approve.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Approving the application of University of St. Thomas, for a sound level

variance in order to present live amplified sound for a Cretin Derham Hall

Football Event on October 8, 2021 at 2115 Summit Avenue - O’Shaughnessy

Stadium.

RES PH 21-256

RES PH 21-257

RES PH 21-259

Councilmember Tolbert said testimony was taken by writing and by voice mail.

Councilmember Jalali moved to close the public hearing and approve.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Approving the application of Laura LeFebvre for a sound level variance in

order to present live amplified sound on October 16, 2021 at 1227 Montreal

Avenue - Highland Park picnic shelter.

Councilmember Tolbert said this is a public hearing and testimony was taken by

writing and by voice mail.

Councilmember Thao moved to close the public hearing and approve.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Approving the application of Allianz Field for a sound level variance in order to

present live amplified sound for the Smoke Out at Allianz Field Event on

October 3, 2021 on Spruce Tree Drive by Allianz Field - 400 Snelling Avenue

North.

Councilmember Tolbert said this is a public hearing. Testimony was taken by writing

and voice message.

Councilmember Thao moved to close the public hearing and approve.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Approving the application of University of St. Thomas, for a sound level

variance in order to present live amplified sound on October 10, 2021 at 2115

Summit Avenue - O’Shaughnessy Stadium.

RES PH 21-260

Councilmember Tolbert said this is a public hearing. Testimony was taken by writing

and by voice message.

Councilmember Jalali moved to close the public hearing and approve.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Amending the 2021 spending and financing budget for the Office of Financial

Empowerment by $202,957 to accept the Year 3 Whole Family Systems

grant from Minnesota Department of Human Services for advancing two

generation strategies through CollegeBound Saint Paul.

RES PH 21-264

Councilmember Tolbert said this is a public hearing. Testimony was taken by writing

and voice message.

Councilmember Yang moved to close the public hearing and approve.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Amending the 2021 special fund budget and adding an activity for the 2022

National Highway Traffic Safety Administration (NHTSA) 2022 DWI Officer

RES PH 21-265

grant from the State of Minnesota Department of Public Safety.

Councilmember Tolbert said this is a public hearing. Testimony was taken by writing

and voice message.

Councilmember Prince moved to close the public hearing and approve.

5 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Establishing a Community Advisory Committee for the position of Director of

Human Rights and Equal Economic Opportunity pursuant to the provisions

Section 11.01 of the Administrative Code.

Ord 21-36

Councilmember Tolbert said this is a public hearing. Testimony was taken by writing

and voice mail.

Councilmember Yang moved to close the public hearing and lay over.

5 in favor, none opposed

Public hearing is closed and ordinance is laid over to October 6 for final adoption

Public hearing closed and laid over to October 6 for final adoption

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

LEGISLATIVE HEARING ITEMS:

Councilmember Prince moved to adopt.

5 in favor, none opposed

Public hearings are closed and resolutions are adopted

The Legislative Hearing Officer recommends adoption of the following

resolutions, as no objections to these recommendations were received:

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Appeal of Salim Ntambwe to a Fire Inspection Correction Notice at 115

ACKER STREET EAST.

RLH FCO

21-144

Adopted

Appeal of Tina Smith to a Revocation of Fire Certificate of Occupancy and

Order to Vacate at 807 AURORA AVENUE.

RLH VO 21-38

RLH VBR 21-59

RLH FCO 21-83

Adopted

Appeal of Sterling Scott, Tenant, to a Vacant Building Registration Notice at

1069 BEECH STREET.

Adopted

Appeal of Wally Nelson, Morrow Partners, Inc., to a Fire Inspection Correction

Notice at 774 CASE AVENUE.

Adopted

Appeal of Wendy and John Slade to a Fire Inspection Correction Notice at

1005 CONWAY STREET.

RLH FCO

21-137

Adopted

Amending the previously ratified assessment to reduce the assessment for

Collection of Vacant Building Registration fees billed during July 7, 2020 to

January 15, 2021 at 2103 MINNEHAHA AVENUE EAST. (File No. VB2109,

Assessment No. 218815)

RLH TA 21-389

Adopted

Appeal of Stephen Dick to a Correction Notice - Re-Inspection Complaint at

415 MOUNT IDA STREET.

RLH FCO

21-139

Adopted

Councilmember Thao moved to amend and adopt.

5 in favor, none opposed

Public hearings are closed and resolutions are adopted as amended

For the following items, no objection to the Legislative Hearing Officer’s

amended recommendation was received, and therefore, she recommends

amendment and adoption:

Making finding on the appealed nuisance abatement ordered for 1450 DALE

STREET NORTH in Council File RLH SAO 21-57.

RLH SAO 21-65

Adopted as amended (authorize DSI abatement of nuisance effective October

1, 2021)

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Ordering the rehabilitation or razing and removal of the structures at 698

DESOTO STREET within fifteen (15) days after the September 22, 2021, City

Council Public Hearing.

RLH RR 21-58

Adopted as amended (grant 180 day extension)

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Ratifying the Appealed Special Tax Assessment for property at 1817

MARYLAND AVENUE EAST. (File No. J2105A2, Assessment No. 218522)

(Public hearing continued to September 22, 2021)

RLH TA 21-97

Adopted as amended (ratify assessment)

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Ratifying the Appealed Special Tax Assessment for property at 1297

SEVENTH STREET WEST. (File No. VB2109, Assessment No. 218815) (To

refer to September 7, 2021 Legislative Hearing)

RLH TA 21-296

Adopted as amended (ratify assessment)

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Item 34 – October 12

Item 35- October 12

Item 40 – Sept. 28

Refer to the LH items

Councilmember Yang moved approval.

5 in favor, none opposed

Resolutions are referred to Legislative Hearings

For the following item, the Legislative Hearing Officer’s recommendation is to

refer to Legislative Hearing to the dates listed.:

Ordering the rehabilitation or razing and removal of the structures at 975

HUDSON ROAD within fifteen (15) days after the May 26, 2021, City Council

Public Hearing. (Amend to remove within 15 days )

RLH RR 21-24

Refer to Legislative Hearing on October 12

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Ordering the rehabilitation or razing and removal of the structures at 830

IGLEHART AVENUE within fifteen (15) days after the September 22, 2021,

City Council Public Hearing.

RLH RR 21-59

Refer to Legislative Hearing on October 12

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

Ordering the rehabilitation or razing and removal of the structures at 1941

UNIVERSITY AVENUE WEST (STORAGE/GARAGE) within fifteen (15) days

after the September 22, 2021, City Council Public Hearing.

RLH RR 21-60

Refer to Legislative Hearing on September 28

5 -

Yea:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Nay:

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

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

contested and additional testimony from the appellant is in the record:

Ratifying the Appealed Special Tax Assessment for property at 1285

BEECHWOOD PLACE. (File No. VB2111, Assessment No. 218817)

RLH TA 21-356

Marcia Moermond said the vacant building registration was appealed. Council made a

determination in January and granted a waiver of the fee for the unusual period of 6

months. This continues to meet the definition of vacant building. The fee is due.

The item is being contested because writer does not believe it does not meet the

definition of vacant building. She is recommending approval of this assessment.

Councilmember Tolbert made the motion to approve the recommendation of the

Legislative Hearing Officer.

5 in favor, none opposed

Public hearing is closed and the resolution is adopted

Adopted

5 -

Yea:

Nay:

Councilmember Thao, Councilmember Tolbert, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

2 - Councilmember Brendmoen and Councilmember Noecker

Absent:

ADJOURNMENT

Meeting adjourned at 4:42 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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