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 Mitra Jalali

Councilmember Rebecca Noecker

Councilmember Jane L. Prince

Councilmember Dai Thao

Councilmember Chris Tolbert

Councilmember Nelsie Yang

Wednesday, December 1, 2021

3:30 PM

Remote Meeting

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

The Truth in Taxation Public Hearing will be held at 6:00 PM at a separate meeting.

ROLL CALL

Meeting called to order at 3:32 p.m.

7 - Councilmember Amy Brendmoen, Councilmember Dai Thao,

Councilmember Chris Tolbert, Councilmember Rebecca Noecker,

Councilmember Jane L. Prince, Councilmember Mitra Jalali and

Councilmember Nelsie Yang

Present

COMMUNICATIONS & RECEIVE/FILE

Letters from the Department of Safety and Inspections declaring 1628

CO 21-88

Darlene Street and 1457 Third Street East nuisance properties. (For

notification purposes only; public hearings will be scheduled at a later date if

necessary.)

Received and Filed

Mayor's Emergency Executive Order 21-42.

CO 21-89

AO 21-13

Received and Filed

Amending the 2021 spending budget for the Office of Financial

Empowerment in the Office of Financial Services

Received and Filed

Authorizing the Department of Parks and Recreation to reallocate $510,348

within its various accounting units in the 2021 adopted budget to most

accurately reflect the projected actual spending in each accounting unit and

provide the appropriate levels of spending authority.

AO 21-63

Received and Filed

Authorizing the Library to reallocate $225,505 within its various accounting

units in the 2021 adopted budget to most accurately reflect the projected

actual spending in each accounting unit and provide the appropriate levels of

spending authority.

AO 21-64

AO 21-66

Received and Filed

Amending CDBG Project Budgets: Funding for 913 Payne (Gentlemen's

Cuts), a project selected by CDBG subgrantee ESNDC to be funded with

Payne Ave BIF program funds.

Received and Filed

Authorizing the Police Department to reallocate its 2021 Special Fund budget

to reflect expenditures more accurately.

AO 21-67

Received and Filed

CONSENT AGENDA

Council President Brendmoen stated that Items 9 and 14 would be taken separately.

Councilmember Tolbert moved approval.

Consent Agenda Adopted as amended

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Accepting the 2022 Toward Zero Death Enforcement Program grant with the

State of Minnesota, Department of Public Safety.

Adopted

Authorizing the City to enter into a Work Order Contract with the Minnesota

Department of Transportation for the State’s Trunk Highway 5 Project.

Adopted

Approving Ordinance Permit 20200010603 for Sanitary Sewer Collection

Infrastructure Installed by Ryan on the Ford (Highland Bridge) Site.

Adopted

Approving Ordinance Permit 20200010604 for Sanitary Sewer

Collection Infrastructure installed by Ryan on the Ford (Highland

Bridge) Site.

Adopted

Authorizing the City Attorney's Office to apply for Byrne Justice Assistance

RES 21-1671

Criminal and Juvenile Justice Intervention Renewal (Byrne-JAG) grant.

Adopted

Memorializing the City’s Council’s denial of an appeal taken from a planning

commission decision to grant a conditional use permit and dimensional and

area variances requested by the owner of property at 695 Grand Avenue for

the purpose of constructing a commercial and residential mixed use building.

RES 21-1694

RES 21-1695

RES 21-1696

Adopted

Authorizing the City to enter into a lease agreement and management

agreement with Your Boat Club, LLC for use and management of Watergate

Marina.

Adopted

Approving the settlement agreement and release between the City and

Benjamin Smith and other members of the putative class, and their attorneys,

Wrobel & Smith, PLLP, Michael J. Vanselow Law Office, PLLC, and Meyer

Njus Tanick.

Adopted

Waiving the 45-day notice requirement to issue a Malt On Sale (Strong) and

Wine On Sale License to Yum Kitchen & Bakery Homeland LLC d/b/a Yum

Kitchen & Bakery (License ID # 20210001764) for the premises located at

164 Snelling Avenue North.

RES 21-1698

Adopted

SUSPENSION ITEM

Rules Suspended

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Affirming the Extension of Declaration of Local Emergency issued November

29, 2021 by Mayor Melvin Carter III.

RES 21-1749

Council President Brendmoen stated that this extension would continue the

emergency through January 5, making it a 35-day extension instead of a 90-day

extension. Expressed support for returning to normalcy.

Councilmember Noecker moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

FOR DISCUSSION

Establishing the City Council Legislative Advisory Committee on Garbage.

(Laid over from December 1.)

RES 21-1646

Council President Brendmoen moved a one-week layover to review details of the

resolution.

Laid over to December 8

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Authorizing the City to transfer $5,456,090 of American Rescue Plan funds to

a specific account for public safety radio replacement costs.

RES 21-1682

Laura Logsdon gave a staff report on an updated version.

Council President Brendmoen expressed support. Asked about owning vs. leasing

radios and banking funds for purchases of radios.

Rick Schute addressed Brendmoen's question about owning vs. leasing.

John McCarthy addressed Brendmoen's question about banking funds.

Brendmoen expressed appreciation for the answers.

Councilmember Jalali expressed opposition to using pandemic relief funds for this

use, worried that there was not a direct connection to COVID.

Logsdon addressed Jalali's concern.

Jalali continued expressing opposition.

Councilmember Noecker asked what makes the process cheaper to do before the

end of the year, and why additional STAR funding wasn't used instead of ARP funds.

Logsdon addressed the question about the timeline and cost of purchasing radios.

Schute addressed the question about other funding sources, including STAR funds.

McCarthy continued discussing the question about funding sources.

Councilmember Yang asked for clarification on the change in dollar value for the

grant.

Logsdon addressed Yang's question.

Yang expressed concern about the resolution and the process surrounding it. Stated

her opposition.

Councilmember Prince echoed concerns from Yang about process. Expressed

support for quality equipment and for the idea of banking funds. Asked what would

happen if there weren't ARP funds available.

Logsdon addressed Prince's question.

Prince continued expressing concern but did say she would be voting in favor.

Brendmoen echoed Prince's concern.

Councilmember Tolbert moved approval.

Adopted as amended

4 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker and Councilmember Prince

Yea:

Nay:

3 - Councilmember Thao, Councilmember Jalali and Councilmember Yang

Approving the application with conditions, per the Deputy Legislative Hearing

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

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

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

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

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

RES 21-1575

Councilmember Noecker moved to lay the item over for two weeks.

Laid over to December 15

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

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.

First Reading

Granting the application of Selby Flats LLC to rezone property

at 1708 Selby Avenue from B2 community business to RM2

medium- density multiple-family residential and amending

Chapter 60 of the Legislative Code pertaining to the zoning

map .

Ord 21-52

Kady Dadlez gave a staff report.

Councilmember Jalali asked for clarification.

Dadlez provided additional information

Jalali expressed support for the project and appreciated the clarification.

Councilmember Prince asked for clarification

Dadlez provided additional information.

Council President Brendmoen stated that the public hearing on this item would be

next week.

Laid over to December 8 for Second reading Public hearing

Considering the application of Gary and Catherine Ballman to rezone

property at 1329-1331 Lincoln Avenue from RT1 two-family residential to

RM1 low-density multiple-family residential. (The motion to deny the

application was approved by the City Council.)

Ord 21-53

Council President Brendmoen stated that there would not be a staff report on the

item.

Laid over to December 8 for Second reading Public hearing

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

PUBLIC HEARINGS

Authorizing the Department of Parks and Recreation to accept Minnesota

Department of Natural Resources (MN DNR) Outdoor Recreation grant

program funds, enter in a grant agreement required as a condition of

receiving said funds, which includes an indemnification clause, and to amend

the financing and spending plan in the amount of $250,000 for the Victoria

Park Multi-Use Athletic Field project.

RES PH 21-274

Councilmember Noecker moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Amending the financing and spending plan of the Office of Financial Services

and Department of Public Works in the amount of $48,974 to utilize available

capital maintenance funds for costs related to multiple HVAC renovation

projects.

RES PH 21-317

Councilmember Thao moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Authorizing an increase in the Parks and Recreation Grant Fund Budgets in

the amount of $1,056,000 to reflect various grant funding awarded in 2022

RES PH 21-320

and establishing the appropriate grant activity budgets.

Councilmember Jalali moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Authorizing the Police Department to add fund equity to its 2021 Special

Fund operating budget to reflect expenditures more accurately.

RES PH 21-325

Councilmember Noecker moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Authorizing the Department of Planning and Economic Development to

execute a grant agreement with the State of Minnesota Department of

Employment and Economic Development, which includes an indemnification

clause, acceptance of grant funds, and amendment of related City budgets.

RES PH 21-321

Councilmember Noecker moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Approving the petition of Matthew Michel, on behalf of Noelna Holdings, LLC,

to vacate a two-foot portion of Wynne Avenue abutting 1611 Wynne Avenue.

RES PH 21-322

Councilmember Jalali moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Approving the application of Cathedral Heritage Foundation/Carolyn Will for a

sound level variance in order to present live amplified sound for the

Cathedral Festival of Lights on December 15 through December 19, 2021 at

Cathedral Hill Park - 215 Summit Avenue.

RES PH 21-323

Councilmember Thao moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Amending the 2021 spending budgets for the Public Works Traffic

Building and the Grant Fund related to the LED electrical retrofit.

RES PH 21-327

Councilmember Tolbert moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

LEGISLATIVE HEARING CONSENT AGENDA

Councilmember Yang moved approval.

Legislative Hearing Consent Agenda adopted as amended,

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Appeal of Shekita Moore to a Vacant Building Registration Notice at 201

GENESEE STREET.

RLH VBR 21-75

RLH VBR 21-78

RLH RR 21-65

Adopted

Appeal of William Acree to a Vacant Building Registration Notice, Summary

Abatement Order, and Vehicle Abatement Order at 160 GRANITE STREET.

Adopted

Ordering the razing and removal of the structures at 701 HAZEL STREET

NORTH within fifteen (15) days after the December 1, 2021, City Council

Public Hearing.

Adopted

Appeal of Diane Slate to a denial of a Request for Fence Variance at 620

JESSAMINE AVENUE EAST.

RLH OA 21-16

RLH VBR 21-71

Adopted

Appeal of Scott Beck, Havenbrook Homes, to a Vacant Building Registration

Notice plus Revocation of Fire Certificate of Occupancy and Order to Vacate

at 1125 MARGARET STREET.

Adopted

Amending the previously ratified assessment to reduce the assessment for

Property Clean Up services during August 3 to 14, 2020 at 1817 MARYLAND

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

RLH TA 21-472

Adopted

Appeal of Greg Fry, Oak Knoll Property Management, to a Vacant Building

Registration Fee Warning Letter at 912 ROSE AVENUE EAST.

RLH VBR 21-73

RLH VO 21-43

Adopted

Appeal of Amy Her to an Amended Notice of Condemnation as Unfit for

Human Habitation and Order to Vacate at 360 WHEELOCK PARKWAY

EAST.

Adopted

Making finding on the appealed substantial abatement ordered for 521 YORK

AVENUE in Council File RLH RR 21-10.

RLH RR 21-43

RLH VBR 21-74

Adopted

Appeal of James Brinker to a Vacant Building Registration Fee Warning

Letter at 1739 YORK AVENUE.

Adopted

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

amended recommendation was received, and therefore, she recommends

amendment and adoption:

LEGISLATIVE HEARING CONSENT AGENDA

Legislative Hearing Consent Agenda adopted as amended.

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

Making finding on the appealed substantial abatement ordered for 1179

SEVENTH STREET EAST in Council File RLH RR 21-40. (Legislative

Hearing on November 23, 2021)

RLH RR 21-44

RLH RR 21-62

Adopted as amended (180 day extension granted)

Ordering the rehabilitation or razing and removal of the structures at 1514

VAN BUREN AVENUE within fifteen (15) days after the October 20, 2021,

City Council Public Hearing. (Amend to grant 180 days)

Adopted as amended (180 day extension granted)

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

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

staff report was provided:

LEGISLATIVE HEARING DISCUSSION ITEM

Appeal of Tamer Azzazi to a Revocation of Fire Certificate of Occupancy and

Order to Vacate at 1843 MINNEHAHA AVENUE EAST.

RLH VO 21-41

Marcia Moermond gave a staff report.

Councilmember Prince appreciated the work of Moermond and moved approval.

Adopted as amended (grant extension to March 1, 2022)

7 - Councilmember Brendmoen, Councilmember Thao, Councilmember

Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali and Councilmember Yang

Yea:

Nay:

ADJOURNMENT

Meeting adjourned at 4:37 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

Council Meeting Information

The City Council is paperless which saves the environment and reduces expenses. The

agendas and Council files are all available on the Web (see below). Council members

use mobile devices to review the files during the meeting. Using a mobile device

greatly reduces costs since most agendas, including the documents attached to files,

are over 1000 pages when printed.

Web

Meetings are available on the Council's website. Email notification and web feeds

(RSS) of newly released minutes, agendas, and meetings are available by subscription.

Visit www.stpaul.gov/council for meeting videos and updated copies of the agendas,

minutes, and supporting documents.

Cable

Meetings are live on St Paul Channel 18 and replayed at various times. Check your

local listings.