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, June 7, 2023  
ROLL CALL  
3:30 PM  
Council Chambers - 3rd Floor  
Meeting started at 3:32 PM  
7 -  
Present  
Councilmember Amy Brendmoen, Councilmember Chris Tolbert,  
Councilmember Rebecca Noecker, Councilmember Jane L. Prince,  
Councilmember Mitra Jalali, Councilmember Nelsie Yang and  
Councilmember Russel Balenger  
COMMUNICATIONS & RECEIVE/FILE  
Letter from the Department of Safety and Inspections declaring 621 Bidwell  
Street a nuisance property. (For notification purposes only; public hearings will  
be scheduled at a later date if necessary.)  
1
2
3
Received and Filed  
Letter from the Department of Safety and Inspections declaring 401 Rose  
Avenue East a nuisance property. (For notification purposes only; public  
hearings will be scheduled at a later date if necessary.)  
Received and Filed  
Amending the 2023 Capital Improvement Budget to allocate funding for capital  
maintenance projects to the appropriate departments, as part of the first  
phase of deferred maintenance funding as recommended by the Capital  
Improvement Budget Committee.  
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 8 would be taken separately.  
Councilmember Prince moved approval.  
Consent Agenda adopted as amended  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Noecker, Councilmember  
Prince, Councilmember Jalali, Councilmember Yang and Councilmember  
Balenger  
0
Nay:  
1 - Councilmember Tolbert  
Absent:  
Authorizing the Police Department to submit an application for funds under a  
Request for Proposals for the Enforcement Grant Program 2024 program,  
issued by the Minnesota Department of Public Safety (DPS) Office of Traffic  
Safety (OTS).  
4
5
Adopted  
Approving the application with a condition, per the Legislative Hearing Officer,  
for Hi Hi LLC (License ID # 20230000426), d/b/a same, which has applied for  
Liquor On Sale 101-180 seats, Liquor On Sale - Sunday, Liquor On Sale 2AM  
Closing, Liquor Outdoor Service Area (Patio) and Entertainment (B) licenses,  
located at 1079 Rice Street.  
Adopted  
Authorizing the Police Department to submit an application for funds under a  
Request for Proposals for the DWI/Traffic Safety Officer Grant Program,  
issued by the Minnesota Department of Public Safety (DPS) Office of Traffic  
Safety (OTS).  
6
Adopted  
Establishing the rate of pay for Senior Organizational Development in SPSO,  
EG 09.  
7
9
Laid over to June 14, 2023  
Authorizing the City to enter into a joint powers agreement with the State of  
Minnesota, acting through its Department of Human Services (DHS), to  
access the GrayKey device.  
Adopted  
Approving the City’s cost of providing Collection of Delinquent Garbage Bills  
for service during January to March 2023, and setting date of legislative  
hearing for July 6, 2023 and City Council public hearing for August 23, 2023 to  
consider and levy the assessments against individual properties. (File No.  
CG2302A1, Assessment No. 230108)  
10  
11  
Adopted  
Approving the City’s cost of providing Collection of Delinquent Garbage Bills  
for service during January to March 2023, and setting date of legislative  
hearing for July 6, 2023 and City Council public hearing for August 23, 2023 to  
consider and levy the assessments against individual properties. (File No.  
CG2302A2, Assessment No. 230109)  
Adopted  
Authorizing the Department of Safety and Inspections to enter into a Joint  
Powers Agreement with the State of Minnesota regarding hotel fire  
inspections.  
12  
13  
14  
15  
16  
17  
Adopted  
Authorizing the Department of Safety and Inspections to enter into a Joint  
Powers Agreement with the State of Minnesota regarding public school fire  
inspections.  
Adopted  
Authorizing City staff to apply for and accept Safe Streets for All funding to  
implement transportation safety improvements entitled “the Eastside  
Systemic Transportation Safety Improvement Project.”  
Adopted  
Accepting the gift of travel expenses from Woodland Park Zoo for Kelsey  
Raffel to attend the Association of Zoos and Aquariums (AZA) Annual  
Conference in Columbus, Ohio from September 9 to September 14, 2023.  
Adopted  
Authorizing the Department of Parks and Recreation to purchase and provide  
up to $1,500 of food and refreshments for staff working the 2023 Hmong  
Sports Tournament.  
Adopted  
Accepting the gift of travel expenses from Local Progress, State Innovation  
Exchange, and Re:power for Councilmember Mitra Jalali to attend the  
Progressive Governance Academy, Train the Trainer (T4T) program in  
Atlanta, GA from July 20-23, 2023.  
Adopted  
Requesting the Charter Commission to review the proposed amendment to  
Sec.17.07.1. (c) with regard to Commercial Development Districts and public  
hearings.  
18  
Adopted  
Changing the rate of pay for the classification of Digital Evidence Technician  
to Grade 030, EG 02, AFSCME Technical.  
19  
20  
Adopted  
Approving the Memorandum of Agreement for the 2023 June Wage and  
Fringe Adjustment (June 1, 2023) for the Sprinkler Fitters Local Union No. 417.  
Adopted  
FOR DISCUSSION  
Approving the Cultural Sales Tax Revitalization (STAR) Program Guideline  
modifications. (laid over from June 7, 2023)  
8
Council President Brendmoen moved to lay over for one week.  
Laid over to June 14, 2023  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Celebrating 10 Years Since the Founding of the East Side Freedom Library  
and Proclaiming Saturday, June 3, 2023, as Beth Cleary and Peter Rachleff  
Day in the City of St. Paul.  
21  
Councilmember Yang spoke in favor, read from the resolution, and moved approval.  
Councilmember Prince spoke in support.  
Adopted  
7 -  
0
Yea:  
Nay:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
SUSPENSION ITEM  
ORDINANCE PUBLIC HEARING  
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 second reading.  
Granting the application of Minnesota Assistance Council for Veterans to  
rezone property at 704 Larpenteur Avenue East from R3 one family residential  
to RT2 townhouse residential and amending Chapter 60 of the Legislative  
Code pertaining to the zoning map. (Public hearing continued and laid over for  
Final Adoption from June 7, 2023)  
Council President Brendmoen moved approval.  
Public hearing continued to June 14, 2023 for Final Adoption  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
PUBLIC HEARINGS  
Live testimony is limited to two minutes for each person. See below for optional ways  
to testify.  
Approving the application of The Center for Irish Music for a sound level  
variance in order to present amplified sound on June 10, 2023 at 836 Prior  
Avenue North. - Celtic Junction Arts Center. (public hearing continued from  
May 24, 2023)  
22  
Councilmember Jalali moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Ratifying the assessment for installation of a fire protection system requested  
by John Rupp for 79 Western Avenue North. (Project No. FP2021-05,  
Assessment No. 217104).  
23  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Ratifying the assessment for installation of a fire protection system requested  
by Nou Vang and Toua Xiong for specially assessing the costs of a fire  
protection system at 1079 Rice Street. (Project No. FP2021-04, Assessment  
No. 217103).  
24  
Council President Brendmoen moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of the Minnesota United FC for a sound level  
variance in order to present amplified sound on Wednesday, June 21, 2023  
within the Street and the Beer Garden Area at Allianz Field - 400 Snelling  
Avenue North.  
25  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Kyle Rucker for a sound level variance in order to  
26  
present amplified sound on Saturday, June 10, 2023 at 109 Fourth Street  
West - Rice Park.  
Councilmember Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Anderson Race Management for a sound level  
variance in order to present amplified sound on June 10, 2023 at Phalen Park  
Pavilion.  
27  
28  
29  
30  
Councilmember Yang moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Allianz Field for a sound level variance in order to  
present live amplified sound for the Juneteenth Celebration on June 17, 2023  
outside of Allianz Field - 400 Snelling Avenue North.  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Podium Sports Marketing for a sound level  
variance in order to present amplified sound on June 24, 2023, a revised date,  
at Upper Landing Park.  
Councilmember Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Tawfiq Islamic Center for a sound level variance  
in order to present amplified sound on June 28 or 29, 2023 at 270 Lexington  
Parkway North / Oxford Community Center.  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Amending the financing and spending plans in the Department of Public  
Works Transportation Planning and Safety Division in the amount of $20,000  
for planned expenses related to the Shared Micro-mobility System.  
31  
Councilmember Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the issuance by the City of Mounds View of conduit Multifamily  
Housing Revenue Bonds (for a project in St. Paul), approving a Joint Powers  
Agreement, Bond Compliance, Fee Agreement, and authorizing the execution  
of documents relating thereto, for the Joseph’s Point at Upper Landing  
Project, at 200 Wilkin Street (District 9, Ward 2).  
32  
Councilmember Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
LEGISLATIVE HEARING DISCUSSION ITEMS  
Appeal of Christina Harding on behalf of Lynn Huynh to a Revocation of Fire  
33  
Certificate of Occupancy and Order to Vacate at 1146 EDGERTON STREET.  
(public hearing closed and laid over from May 17, 2023)  
Extension granted until July 1, 2023 to come into compliance or the property is to be  
vacated.  
Marcia Moermond, Legislative Hearing Officer: My recommendation, based on your  
layover into June, is to grant to July 1st to come into compliance with the April fire  
correction orders or the property should be vacated. My initial recommendation was to  
June 1st and my revised recommendation is to July 1st based on the layover.  
Councilmember Yang: I move support of the recommendation.  
Adopted as amended  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Ratifying the Appealed Special Tax Assessment for property at 779 THOMAS  
AVENUE. (File No. J2304E3, Assessment No. 238310)  
52  
Public hearing continued for 12 months to June 5, 2024. Assessment to be reduced  
by half if there are no same or similar violations during that time.  
Also in attendance: Cher Vue, property owner  
Marcia Moermond, Legislative Hearing Officer: There are people here to speak to items  
52, 53, and 54. I would ask that the Council consider them together.  
Council President Brendmoen: We are getting a report on all three at the same. These  
are three different assessments at the same address, correct?  
Moermond: Yes. What we're looking at is excessive consumption assessments that  
are for inspector visits to the property that occurred between August 4th and October  
14th. Each of those assessment roles contains a particular time period that the  
inspectors would have been visiting. They were visiting based on three sets of existing  
orders. Initially on July 28th, 2022, the City issued an order for removal of a  
refrigerator, chest, freezer, tires, household items, and miscellaneous debris from the  
driveway area. The deadline for having that work completed was August 4th. On the  
overhead you will see photos from July 28th of the refrigerator. You can see in the  
background another appliance, the chest freezer that's being referenced, and another  
view of various debris in the driveway. On August 4th, when the inspector went back,  
which was the deadline for the work to be complete, the work was not complete, so an  
Excessive Consumption of Inspector Services bill was issued, that has come to  
assessment. On the overhead is what we're looking at on August 4th. The inspector  
saw tires. We have the chest freezer. We'll be talking about the vehicles in a moment.  
We have the refrigerator now against the garage. There was no meaningful compliance  
with the order from the previous week. So, on August 4th, still no compliance. There's  
one bill. On August 18th, another bill was issued for non compliance. And on August  
18th, we can see tires, scrap wood, still the chest freezer. Still, items underneath the  
boat there. You can see that there's household debris, tarps, baskets, and other  
appliance type items, and confirmation on the address. So, a second day they  
revisited. Work was still not complete. A third day, August 25, when they revisited and  
issued another bill for not having completed the work, we see items beside the garage,  
including a appliance, and so on. So, all of the orders were not addressed at the time  
that there was a reinspection. In fact, they still weren't addressed on September 7th,  
when the inspectors came back again. Photos are again attached to the file. Still we  
have the chest freezer, the tires, now we have shopping carts, still scrap wood and so  
on. It was bad enough that the inspectors reissued an order that addressed the sort of  
mixed items. Some things remained. Some things were taken away. Some things  
came that weren't there before. The new set of orders that were issued on September  
8th on that last reinspection date include auto parts, pallets and shopping carts. Those  
had arrived on the site where the refrigerator was removed on that reinspection. There  
is one bill in the packet in front of you for a reinspection on those September 8th  
orders and that is from six weeks later on October 14th where we can see the pallets,  
the freezer, and some various debris type items still on the property. So, there is a  
handful of excessive consumption assessments related to cleaning up the property  
and having these items on the property. The other item has to do with vehicles being  
improperly stored on the property. This begins with an order. A correction notice was  
issued on September 7th to the owner, and the correction notice which is: "Would you  
please do this or you'll be an receiving an excessive consumption?" It's not a, "If you  
don't, we'll tow them." This is the gentler version. This talks about removal of all  
vehicles, boats, and trailers on the property. It says that they need to be currently  
licensed, registered to the property, can't be missing any vital parts, or have flat tires.  
They have to be parked within 4 feet or more than four feet from the property line and  
on an approved surface, so that was the problem. The inspector documented the  
vehicles here. We have flat tires. We have plates not being present, expired plates on  
another. This one you can see has got flat tires and also an open hood. There we've  
got a light. You know they're doing the fixing on the vehicle there on site, and that's not  
compliant. Here we have a trailer. It's not a legal trailer license, parked too close to the  
property line, and the boat isn't properly licensed. When there was a reinspection on  
those September 7th orders on September 22nd, which was one week after the  
deadline to have the work done, the inspector documented that the work was not  
complete and took photos. Those were attached to your record and excessive  
consumption was issued. Each of these excessive consumption bills are for covering  
the cost of the inspector going out and the work not being done. It's a charge for the  
inspectors' time to go out to the property and again, you can see the hood is up and  
the tires are flat the same as it was with the original order. So then on October 6th  
there is another bill, work still not done. The photos will show you, identically really,  
what was there previously. Still no license. Still the hood being open, the car being  
worked on. The boat's still not being moved. Still, we have the license problems and  
then again. The following week, no change and the photos document that. Car still up  
on blocks, still hood open. Plates, the boat, all of it. I'm recommending approval of  
these assessments. Where I'm coming from with this, and I know that this is kind of  
hard hitting in terms of the rapidity, is that there have been orders on this property for  
vehicles and a multitude of different vehicles since 2017. There have been associated  
orders with junk auto parts, fridges, freezers, things that one would associate with  
scrap metal. That is kind of the nature of what's going on with this. In the Legislative  
Hearing process, the son had appealed on behalf of his parents. I understand he's  
been working with the Department of Safety and Inspections and providing some  
interpreting services for his parents. Also, there was some follow up from the  
Department of Safety and Inspections more recently to make sure that everything that  
they had provided was adequately translated. The inspectors have been out extensively  
talking with the family, trying to explain, over the past 5-6 years, what isn't acceptable.  
All these again are charges. They together come in just north of $1000 for all of these  
inspections. With respect to the cleanup of the property, I would note for the Council  
that the Department of Safety and Inspections finally did issue an order to proceed with  
cleanup, as in they sent an order to proceed to Kamish Excavating, so they went to an  
outside contractor. That order was issued on June 1st. So, that part of it has been  
addressed and my understanding from looking at the current record is there is an  
existing vehicle abatement order, that there was one in April with I think 6 vehicles on  
it. Those vehicles are gone and now we have a different vehicle that is still not in  
compliance and so this definitely fits the pattern of what's been seen. Those things  
aren't in front of you. That's just an update on what exists now. If the Council were to  
use this assessment to encourage compliance, that would involve a percentage  
decrease possibly, if there's no violations over a period of months that you would look  
at. That's quite a long report. That's three assessments, but quite a few bills  
embedded in all of those different assessments.  
Brendmoen: I appreciate the need for the lengthy report. These types of properties are  
very challenging when it comes to enforcement. I've also have several similar  
properties in the area that I represent. It is very difficult to incentivize that compliance  
and to create an environment that's conducive to urban neighborhood living when  
there's scrap, auto repair, or stacks of items that are building up in the yard next to  
you. It's different than when it's just on a picture, and these are very difficult. I  
appreciate the longer report which helps me understand the many layers of trying to  
move forward with the enforcement.  
Councilmember Noecker: At what point do we start charging for excessive  
consumption of inspection services? After how many visits? What qualifies as  
excessive consumption?  
Moermond: If there is a deadline and there is not compliance on the deadline, the bill  
can be issued at that time because the inspector is going to have to make another  
visit. If it were done at the time, there's no charge for that follow up inspection.  
Noecker: So, it's not having repeated things that kept appearing. It was that for each  
individual visit, the inspector came back and it hadn't been removed, so the inspector  
would have to come back again. That's the point at which it becomes excessive.  
Councilmember Prince: So the vehicles are still there and we will be acting on  
assessments for excessive consumption. Do they understand that they will continue to  
get excessive consumption fees until the vehicles are moved? We're dealing with this  
in another instance where the property owner seems not to have understood that he  
should have appealed the vehicle abatement order and then has been, in the interim,  
paying the excessive consumption fees. But they haven't appealed the underlying  
order. I'm just wondering if that's happening here, so that they will continue to have  
these charges. Were you suggesting that we could reduce the charge, if there was an  
agreement to a compliance date to remove the vehicle? I'm just confused about  
whether they understand that this is going to continue until the vehicles are gone.  
Moermond: This is not the first rodeo for this property. There have been extensive  
orders over a course of five to six years for this property, extensive conversations with  
the family about what the violations are, and many bills that have happened over time,  
that have shown up on property tax statements, and so on. With respect to  
understanding the ability to appeal these things, often that comes up in conversation  
with inspectors. Certainly it is in the orders themselves that these things are  
appealable and we are in appeal right now on the excessive consumption bills. But,  
given how long this process has been going on, the variety of orders, this is not a  
surprise, I would say, in my estimation, just because of the volume of things that have  
been going on for this length of time.  
Brendmoen: Just to clarify though, you said that the orders have been issued to  
remove. That there is a contractor that's hired to remove the items from the yard, so  
there will it would be a clean slate. Is the new care abatement under the order from  
Kamish?  
Moermond: No. Kamish would not tow the vehicles. The vehicles would be towed by a  
city contractor under the supervision of parking enforcement, and they would be  
brought to the police impound lot where they would be stored for a minimum of two  
weeks. If they aren't reclaimed for the cost of doing that towing and storage, they would  
eventually be auctioned off. With respect to the current orders, I'll just put April 26th on  
the projector, there were five vehicles that shouldn't have been present on the property.  
There were various reasons that they were being written up. For example, this one  
appears inoperable. This Toyota lacks current tabs, is missing vital parts, also  
appears undrivable. The inspectors who were present in the hearing also talked about  
it. The one that we're talking about right now, with the June 2nd date and the deadline,  
these have all been to my understanding translated. Also in the legislative hearing  
there is an interpreter present. We walked through all of this.  
Prince: I think what I'm concerned about is that they are appealing the excessive  
consumption, but they didn't appeal the underlying issue. So they're appealing  
something that isn't going to solve the problem. They'll just keep getting excessive  
consumption bills until they deal with the underlying violation. That's what I'm worried  
about. The appeal should be for the violation and they should be dealing with that  
before. They should be concerned that they're appealing excessive consumption, and  
not the violations of the cars, which if they leave there, they'll just keep paying  
excessive consumption.  
Moermond: I would say that's if we go back to July 28th when the original set of orders,  
I would have to say, based on the photographs that I've seen, there is no question that  
it is a violation. Then the question becomes by what time and how should those items  
be removed? Failure to comply within that time period would result in either their  
removal by somebody like Kamish or an excessive consumption bill. Most likely the  
excessive consumption, to be followed by the cleanup. So, would there still be those  
bills? Would they have had the opportunity to negotiate a different deadline? Perhaps.  
But, I would say appealing the one doesn't directly lead to no excessive consumptions.  
We have plenty of cases where the Council has decided on a particular deadline,  
there's been failure to comply with that deadline, and then the Department of Safety  
and Inspections or Public Works is left with two enforcement tools to (abatement or  
excessive consumption) to comply with a Council decision.  
Prince: I think the problem is that the Council isn't responding to the appeal of the  
violation in setting a date. So that they're leaving the violation in place while they're  
appealing the fines. If this isn't making sense, I'm sorry, but it doesn't make sense to  
me that we haven't dealt with setting a date, so that there is a firm date after which  
they understand. If we impose the excessive consumption today, there's no data on  
when the cars have to be gone.  
Brendmoen: I understand where you're going with this, but we don't set a date for  
abatements.  
Prince: If there had been an appeal.  
Brendmoen: Right, but the Department of Safety Inspections does set a date for the  
abatements. It says if they're not removed by this time, then the actions will be taken.  
I understand what you're saying and I think that for me, the bigger question is (setting  
aside excessive consumption for a second): Is the order that Moermond mentioned  
that was issued June 1st going to give us a blank slate? The recommendation was  
that we could possibly say: No same or similar for a certain amount of time for some  
forgiveness? But, if there's not a clean slate and we're going to continue to amass and  
there's no acknowledgement of the appeal process, we're going to be back here,  
probably in a few years. I understand that the car is treated separately from their  
abatement ordered by Kamish, but is everything going with the with the June 1st  
order?  
Moermond: The order to proceed to Kamish Excavating was pretty exhaustive. DSI  
sent the letter: "Serves as your official notice to proceed with the cleanup of improperly  
stored and accumulated refuse, which may include garbage, rubbish, loose and  
scattered litter, discarded furniture, appliances, vehicle parts, scrap wood, metal  
recycling materials, household items, building materials, rubble, tires, brush, etcetera  
from the property, including the yard, boulevard, alley and driveway. That's everything  
except the car. There is an order on the car that exists there now with: Missing parts  
appears inoperable and is not registered to the property.  
Brendmoen: Does that answer your question, Miss Prince? Okay. It sounds like it's  
complicated, it's gone on for a long time. I'm hoping this is a moment to reset, but I'm  
going to look to Mr. Balenger, if you have questions or comments about this item.  
Councilmember Balenger: What do the people here have to say?  
Moermond: I understand that the owners, Neng Vue and Cher Vue, are present. I don't  
know if their son Xu Keng Vue is present. We have an interpreter as well.  
Cher Vue (through interpreter): First of all, I understand all the rules that the  
Department of Safety and Inspections provided to us. The problem is my husband. He  
was the owner of an auto shop in the past and because we did not do the business any  
longer we removed all the items back to our personal property. After that, the garage  
was on fire and we had to move the items out into the driveway. We tried to remove  
some of the items, but we still own some of it. However, when the inspector came to  
the property, they did not come and meet with us personally. They met with people at  
the property who are not the owner. They are sometimes visitors and family members.  
We were not able to meet with the inspector personally. The problem is my husband.  
He loves homeless people. Sometimes he brings homeless people to our property and  
they live with us. Another issue is that some of the cars he and I own are not workable  
anymore, but then he does not want to throw them away. He said he said that he still  
wants to fix them for me. Even though I'm very frustrated about this situation, I can't  
really do much. I know that the Safety Department has a lot of fees that we need to  
pay but the problem is my husband is very sick and I'm very sick. I never received any  
government funds. My husband received government funds, but it's only $300.00 per  
month. We do not have any money to pay. Last week, the inspector came and  
removed all the junk out of our property.Then they removed all the cars out of the  
property. At this point I'd like to find out is there a way that you, as a government, can  
you provide some support services to us so that we can pay the fee to the Safety  
Department?  
Brendmoen: We're talking about the excessive consumption fees. After this hearing,  
the Ward 1 office will be happy to work with you. But I want to make sure that we're  
focused. I heard a pretty good ask there, about what can we do to reduce these fees.  
If we could stick with that topic, that would be helpful because your timer is running  
out.  
Vang: In that case I just want to let you know that I'm a low income person. I don't  
have any funds to pay the Safety Department and I'd like to find out what kind of rules  
I need to follow.  
Balenger: I'm going to move that we cut the fines by 50% if there are no more  
violations within the next year. Otherwise, it will be the full amount. We will take a look  
at how we might be able to be of some assistance and take a closer look at the family  
and see what they might be able to do. That's my suggestion.  
Brendmoen: I appreciate the motion and I'll support it. I do recognize Prince's thoughts  
as well. I think one of the things we want to make sure of is that the homeowners  
understand how to appeal a violation. Hopefully there won't be any, but I think it's really  
important for the translator to make clear to the homeowners that this is an opportunity  
for a fresh start. There'll be an abatement. It'll be cleared. There's a waiver of half of  
these fines and it's a chance to start over. I appreciate just how difficult these  
situations are for the homeowner, but also for the neighbors. Any other comments on  
Balenger's motion and then we'll take each of the items separately with a 50%  
reduction and a no same or similar for 12 months.  
Amended and public hearing continued to June 5, 2024 (assessment reduced  
by half if no same or similar violation by June 5, 2024)  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Ratifying the Appealed Special Tax Assessment for property at 779 THOMAS  
AVENUE. (File No. J2305E3, Assessment No. 238314)  
53  
Councilmember Balenger moved to continue the public hearing for 12 months to June  
5, 2024. Assessment to be reduced by half if there are no same or similar violations  
during that time.  
Amended and public hearing continued to June 5, 2024 (assessment reduced  
by half if no same or similar violation by June 5, 2024)  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Ratifying the Appealed Special Tax Assessment for property at 779 THOMAS  
AVENUE. (File No. J2306E3, Assessment No. 238318)  
54  
Councilmember Balenger moved to continue the public hearing for 12 months to June  
5, 2024. Assessment to be reduced by half if there are no same or similar violations  
during that time.  
Amended and public hearing continued to June 5, 2024 (assessment reduced  
by half if no same or similar violation by June 5, 2024)  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
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  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Appeal of Wesley Gakuo to a Notice of Condemnation as Unfit for Human  
Habitation and Order to Vacate at 0 BUSH AVENUE, vacant lot (Parcel  
27-29-22-43-0149).  
34  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 1062  
CHATSWORTH STREET NORTH. (File No. J2317A, Assessment No.  
238517)  
35  
36  
Adopted  
Appeal of Doug Grimm, Northern Value Group LLC, to a Vacant Building  
Registration Renewal Notice at 1501 CLARENCE STREET.  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 874  
CONCORDIA AVENUE. (File No. J2318A, Assessment No. 238518)  
37  
38  
Adopted  
Second Making finding on the appealed substantial abatement ordered for 975  
HUDSON ROAD in Council File RLH RR 22-60. (Refer to June 13, 2023  
Legislative Hearing)  
Referred to June 13, 2023 Legislative Hearing  
Ratifying the Appealed Special Tax Assessment for property at 386  
KENNARD STREET. (File No. J2318A, Assessment No. 238518)  
39  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 602 LAWSON  
AVENUE WEST. (File No. J2317A, Assessment No. 238517)  
40  
41  
42  
Adopted  
Making finding on the appealed nuisance abatement ordered for 1042  
LAWSON AVENUE EAST in Council File RLH SAO 23-18.  
Adopted  
Appeal of John S. Jagiela to a Re-Inspection Fire Certificate of Occupancy  
With Deficiencies (which includes vacating 2 areas) at 134 MONTROSE  
PLACE.  
Referred to July 11, 2023 Legislative Hearing  
Ratifying the Appealed Special Tax Assessment for property at 828 MOUND  
STREET. (File No. J2317A, Assessment No. 238517) (Public hearing  
continued to October 11, 2023)  
RLH TA 23-170  
43  
44  
45  
46  
Public hearing continued to October 11, 2023  
Making finding on the appealed nuisance abatement ordered for 1676  
NEVADA AVENUE EAST in Council File RLH SAO 22-55. (Legislative  
Hearing on June 6, 2023)  
Amended at public hearing continued to June 14, 2023  
Ratifying the Appealed Special Tax Assessment for property at 381 RAMSEY  
STREET (0 RAMSEY STREET). (File No. J2319A, Assessment No. 238519)  
(Refer back to June 20, 2023 Legislative Hearing)  
Referred to June 20, 2023 Legislative Hearing  
Deleting the Appealed Special Tax Assessment for property at 1240 SAINT  
PAUL AVENUE. (File No. J2317A, Assessment No. 238517)  
Adopted  
Appeal of Albert Schuna to a Correction Order at 1344 SCHLETTI STREET.  
47  
48  
49  
50  
51  
55  
56  
57  
Adopted  
First Making finding on the appealed substantial abatement ordered for 694  
SHERBURNE AVENUE in Council File RLH RR 22-19.  
Amended and public hearing continued to July 12, 2023  
Deleting the Appealed Special Tax Assessment for property at 839  
SHERBURNE AVENUE. (File No. J2318A, Assessment No. 238518)  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 843  
SHERBURNE AVENUE . (File No. J2318A, Assessment No. 238518)  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 915  
SHERBURNE AVE. (File No. J2318A, Assessment No. 238518)  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 767  
UNIVERSITY AVENUE WEST. (File No. J2318A, Assessment No. 238518)  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 811  
UNIVERSITY AVENUE WEST. (File No. J2318A, Assessment No. 238518)  
Adopted  
Appeal of Tyler Olsen, Executive Director, on behalf of Victoria Theater Arts  
Center, to a Vacant Building Registration Fee at 825 UNIVERSITY AVENUE  
WEST.  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 938  
UNIVERSITY AVENUE WEST. (File No. J2318A, Assessment No. 238518)  
58  
59  
60  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 1401  
UNIVERSITY AVENUE WEST. (File No. J2318A, Assessment No. 238518)  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 1910  
UNIVERSITY AVENUE WEST, ALSO 1908 UNIVERSITY AVENUE WEST.  
(File No. J2318A, Assessment No. 238518)  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 1307 WHITE  
BEAR AVENUE NORTH. (File No. J2318A, Assessment No. 238518)  
61  
62  
63  
Adopted  
Ratifying the assessments for Property Clean Up services during January 3 to  
13, 2023. (File No. J2317A, Assessment No. 238517)  
Adopted  
Ratifying the assessments for Property Clean Up services during January 18  
to 30, 2023. (File No. J2318A, Assessment No. 238518)  
Adopted as amended (referred 274 Sidney Street East to June 20, 2023  
Legislative Hearing)  
Ratifying the assessments for Equipment and Labor for Clean Up services  
during October to November 2022. (File No. J2319A, Assessment No.  
238519)  
64  
Adopted  
ADJOURNMENT  
Meeting ended at 4:32 PM  
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materials submitted by 12:00 pm of the day before the meeting will be attached to the  
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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  
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