City Hall and Court House  
15 West Kellogg Boulevard  
Council Chambers - 3rd  
Floor  
City of Saint Paul  
651-266-8560  
Meeting Minutes  
City Council  
Council President Rebecca Noecker  
Vice President HwaJeong Kim  
Councilmember Anika Bowie  
Councilmember Molly Coleman  
Councilmember Cheniqua Johnson  
Councilmember Saura Jost  
Councilmember Nelsie Yang  
Wednesday, September 10, 2025  
ROLL CALL  
3:30 PM  
Council Chambers - 3rd Floor  
Meeting started at 3:32 PM  
6 -  
Present  
Councilmember Rebecca Noecker, Councilmember Nelsie Yang,  
Councilmember Anika Bowie, Councilmember Saura Jost, Councilmember  
Cheniqua Johnson and Councilmember Molly Coleman  
1 - Councilmember HwaJeong Kim  
Absent  
COMMUNICATIONS & RECEIVE/FILE  
Letter from the Department of Safety and Inspections declaring 1079  
Arkwright Street a nuisance property. (For notification purposes only; public  
hearings will be scheduled at a later date if necessary.)  
1
2
Received and Filed  
Letter from the Department of Safety and Inspections declaring 693 Cook  
Avenue East a nuisance property. (For notification purposes only; public  
hearings will be scheduled at a later date if necessary.)  
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 Noecker stated that Items 4 and 14 would be taken separately.  
Councilmember Yang moved approval.  
Consent Agenda adopted as amended  
6 -  
0
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Bowie,  
Councilmember Jost, Councilmember Johnson and Councilmember  
Coleman  
Nay:  
1 - Councilmember Kim  
Absent:  
Authorizing the Fire Department to pay for all costs incurred to hold a  
graduation ceremony for 15 new paramedics on September 5, 2025 at the  
Neighborhood House.  
3
5
Adopted  
Directing the Department of Safety and Inspections to proceed with adverse  
action and the imposition of a $500 matrix penalty against Seventh Street  
Liquor INC d/b/a Seventh Street Liquor Barrell (License ID #20120005702) for  
the premises located at 665 7th St. W.  
Adopted  
Authorizing the City's conveyance of a permanent Thermal Line Easement to  
District Energy St. Paul for the installation and maintenance of thermal heating  
and cooling service lines through the George Latimer Central Library to serve  
the adjoining property at 80 West Fourth Street.  
6
7
8
9
Adopted  
Approving the City’s cost of providing Repair of Sanitary Sewer Service Line  
on Private Properties and setting date of City Council public hearing for  
October 8, 2025 to consider and levy the assessments against individual  
properties. (File No. SWRP2503, Assessment No. 253002)  
Adopted  
Approving the City’s cost of providing Replacement of Lead Water Service  
Line on Private Properties and setting date of City Council public hearing for  
October 8, 2025 to consider and levy the assessments against individual  
properties. (File No. 2502LDSRP, Assessment No. 254001)  
Adopted  
Approving the City’s cost of providing Collection of Delinquent Garbage Bills  
for service during January to March 2025, and setting date of legislative  
hearing for October 2, 2025 and City Council public hearing for November 5,  
2025 to consider and levy the assessments against individual properties. (File  
No. CG2503A3, Assessment No. 250126)  
Adopted  
Approving the application for change of ownership to the Liquor On Sale-100  
seats or less, Liquor On Sale Sunday, Liquor Outdoor Service Area (Patio)  
and Entertainment (A) license now held by La Morelense Restaurant and  
Sweets Inc d/b/a La Morelense Restaurant and Sweets (License ID  
#20250001163) for the premises located at 1552 Como Avenue.  
10  
Adopted  
Memorializing a City Council decision to deny the appeal of Stronger Sober  
House from a Board of Zoning Appeals decision to deny a variance request to  
establish a 12-resident supportive housing facility on the property at 269  
Harrison Avenue.  
11  
Adopted  
Approving the separation of the grant funds through the Ward 7 Neighborhood  
Star Year-Round program for Faith City Church in partnership with the G.W  
Carver Center for Innovation.  
ROLL CALL  
12  
13  
Adopted  
Approving the Labor Agreement (May 1, 2025 - April 30, 2028) between the  
City of Saint Paul and the North Central States Regional Council of  
Carpenters.  
Adopted  
7 -  
Present  
Councilmember Rebecca Noecker, Councilmember Nelsie Yang,  
Councilmember HwaJeong Kim, Councilmember Anika Bowie,  
Councilmember Saura Jost, Councilmember Cheniqua Johnson and  
Councilmember Molly Coleman  
FOR DISCUSSION  
Authorizing the Department of Public Works Organized Trash and Recycling  
operations to expend an amount not to exceed $5,000 for the purpose of  
providing candy for various public events and parades throughout 2025.  
4
Council President Noecker moved approval of Version 2.  
Adopted as amended  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Approving the appointment of Melanie McMahon as Interim Director of the  
Department of Planning and Economic Development  
14  
Councilmember Johnson moved approval.  
Councilmember Jost spoke in favor.  
Council President Noecker spoke in favor.  
Melanie McMahon was sworn in.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Recognizing the City of Saint Paul’s participation in Welcoming Week 2025.  
Edmundo Lijo from the City Attorney's Office gave a staff report.  
Briana Broberg from Welcoming America gave remarks.  
Councilmember Yang spoke in support.  
15  
Councilmember Bowie spoke in support.  
Councilmember Kim spoke in support and moved approval..  
Adopted  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Reciting a proposal for a housing program for a Multifamily Rental Housing  
Development, approving the project and the program pursuant to Minnesota  
Statutes, Chapter 462C, authorizing the Housing and Redevelopment  
Authority to Issue Conduit Multifamily Housing Revenue Obligations and  
authorizing the preparation of necessary documents and materials in  
connection with said project and program, Joseph’s Pointe at Upper Landing  
Project, 200 Wilkin Street (District 9, Ward 2). (Laid over from September 3,  
2025)  
16  
Council President Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Approving issuance of a $241,157.97 ERA2 loan and execution of the loan  
agreements and related documents for the Joseph’s Pointe at Upper Landing  
Project, 200 Wilkin Street (District 9, Ward 2). (Laid over from September 3,  
2025)  
17  
Council President Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Authorizing use of a Project Labor Agreement (PLA) for the rehabilitation of  
the Joseph’s Pointe at Upper Landing project, 200 Wilkin Street (District 9,  
18  
Ward 2). (Laid over from September 3, 2025)  
Council President Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
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 Pioneer Press. Public hearings on ordinances are  
generally held at the second reading.  
Final Adoption  
Amending Chapter 130 of the Legislative Code, Procedure for Vacating  
Streets and Other Public Grounds.  
19  
Councilmember Jost moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
First Reading  
Establishing the classification titled City Council Communications Lead in the  
unclassified service pursuant to Section 12.03.2(H) of the City Charter (must  
be approved by Civil Service Commission after adoption by City Council and  
prior to Mayor signature).  
20  
Jay Willms, City Council Director, gave a staff report.  
Laid over to September 17, 2025 for Second Reading  
Amending Chapter 441 of the Legislative Code to adjust the electric-vehicle  
charging station rates.  
21  
Russ Stark from the Mayor's Office gave a staff report and answered councilmember  
questions.  
Laid over to September 17, 2025 for Second Reading  
PUBLIC HEARINGS  
Live testimony is limited to two minutes for each person. See below for optional ways  
to testify.  
Amending Chapter 45 of the Administrative Code to define reporting  
22  
requirements and require that the City's Legislative Agenda be presented to  
City Council no later than the second Wednesday in December.  
Councilmember Bowie moved her amendment. Approved 7-0.  
Council President Noecker moved her amendment. Approved 7-0.  
Bowie moved to close the public hearing.  
Amended and laid over to September 17, 2025 for Final Adoption  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Ratifying the assessment for Minnesota Street from Sixth Street to Eleventh  
Street paving and lighting project constructed as part of the 2024 St. Paul  
Street Paving Program (SPS). (File No. 19262, Assessment No. 245203)  
23  
Barb Mundahl from the Department of Public Works gave a staff report.  
Councilmember Johnson moved approval.  
Adopted  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Approving major modifications to the Victoria Park Master Plan.  
24  
Councilmember Jost moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Amending the financing and spending plans in the Fire Department in the  
amount of $191,723.66 for the contribution received from the Minnesota Board  
of Firefighter Training and Education to pay for training for firefighters.  
25  
Councilmember Coleman moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Amending the financing and spending plans in the Fire Department in the  
amount of $100 for the donation from the Brandenburg family in honor of  
26  
retired Fire Captain Patrick Donnelly.  
Councilmember Yang moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Amending the financing and spending plans in the Fire Department in the  
amount of $29,703.51 for the Minnesota Task Force One (MNTF1)  
reimbursement from the City of Edina.  
27  
Councilmember Kim moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Approving the application of Minnesota Taco and Tequila Festival for the Viva  
La Vida: Taco & Tequila Festival event on Saturday, September 20 and  
Sunday, September 21, 2025 for a sound level variance in order to present  
live amplified sound at 425 Rice Street, former Sears parking lot.  
28  
Councilmember Bowie moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Approving the application of Anderson Race Management/Jennifer Williams  
Walk for Water event, Saturday, September 20, 2025 for a sound level  
variance in order to present live amplified sound at Upper Landing Park, 226  
Spring Street.  
29  
Councilmember Jost moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Approving the application of The Leukemia & Lymphoma Society, Inc.; The  
Leukemia & Lymphoma Society Inc's Light the Night Event, Saturday,  
September 27, 2025 for a sound level variance in order to present live  
amplified sound at Harriet Island- 200 Dr Justus Ohage Boulevard.  
30  
Councilmember Johnson moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
LEGISLATIVE HEARING DISCUSSION ITEMS  
Ratifying the Appealed Special Tax Assessment for property at 686 EDMUND  
31  
AVENUE. (File No. VB2507A, Assessment No. 258826) (Public hearing  
closed and laid over from April 9, 2025)  
Marcia Moermond, Legislative Hearing Officer: My recommendation is to lay this over  
to October 22, to allow us to access property information from the new PAULIE  
system.  
Councilmember Bowie moved to lay over to October 22, 2025.  
Laid over to October 22, 2025  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Amending Council File RLH AR 24-25 to reduce the assessment Collection of  
Vacant Building Registration fees billed during April 5 to October 20, 2023 at  
1350 HAGUE AVENUE. (File No. VB2407, Assessment No. 248806) (Public  
hearing closed and laid over from August 27, 2025)  
32  
Assessment reduced from $5,075 to $2,537  
Councilmember Kim: I move to approve Moermond's recommendation.  
Councilmember Yang: How long has this been part of the vacant building program?  
Was work done in time to get a reduction? Is there a justification for a reduction?  
Based on these questions, we should not be reducing this assessment at all.  
Councilmember Bowie: Why was a reduction recommended?  
Moermond: This assessment was already ratified and certified to 2025 property taxes.  
My rationale for the reduction was that if they had appealed the assessment, I would  
have offered to reduce the assessment by half if they were out of the vacant building  
program within six months. They were out in six months, so I recommended a  
reduction I normally would have recommended in a normal course of events.  
Councilmember Johnson: What was assessed last year? Was there a reduction then?  
Moermond: There was not a reduction then. The assessment was for $5,075.  
Johnson: You are now recommending a reduction by 50%? Would that be a refund?  
Moermond: Yes. That is the only way to do this after assessment was certified.  
Bowie: After the last hearing, I said that if there were texts showing DSI staff saying  
the assessment would be deleted, I would have supported deletion. Did anything like  
that come forward?  
Moermond: No.  
Yang: I don't see anything documented to support a reduction. I will be voting against  
the recommendation.  
Johnson: I don't see a path for reduction either. Did this recommendation come from  
talking to the councilmember?  
Moermond: It came from me. I don't talk to councilmembers before issuing my  
recommendation.  
Johnson: I will be voting against the recommendation too.  
Bowie: I move Moermond's recommendation to reduce the assessment by half. This is  
not a problem property. It is no longer vacant.  
Adopted as amended  
5 -  
Yea:  
Nay:  
Councilmember Noecker, Councilmember Kim, Councilmember Bowie,  
Councilmember Jost and Councilmember Coleman  
2 - Councilmember Yang and Councilmember Johnson  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenant, Jill Ackerman, to a Rent Stabilization Determination at  
934 ASHLAND AVENUE, UNIT 1.  
33  
Public hearing closed and laid over for one week.  
Abbie Hanson, Attorney from the Housing Justice Center, appeared in person o/b/o  
the appellants in Items 33 - 40.  
Scott Day, son of building owner Judith Day, appeared in person.  
Bill Griffith, Attorney from Larkin Hoffman, appeared in person o/b/o Judith and Scott  
Day  
Marcia Moermond, Legislative Hearing Officer: This is an appeal of a Department of  
Safety and Inspections (DSI) determination on an exception to the 3% rent  
stabilization limit. Items 33 through 40 are all appeals of different units within the same  
three properties, which are all part of the same complex. Because the application was  
for more than an 8% increase, a full staff review was conducted. The reasons for the  
exception in the application were: an increase in real property taxes, unavoidable  
increase in operating expenses, a capital improvement project, and an increase in the  
number of tenants occupying a unit. The applicant needed to provide numbers to  
demonstrate that these factors increased the Maintenance of Net Operating Income  
(MNOI). The worksheet is attached to the record. It shows CPI changes from 2019, the  
base year, and 2023. Ordinance lays out many items that are exceptions to the 3%  
rent cap, including the four I mentioned. The appellant argues that none of the items  
should be considered, because the property does not meet the warranty of habitability.  
That is the last item in the ordinance, and if that isn't met, the rest doesn't matter.  
There was no discussion or dispute of the accuracy of the numbers for taxes or  
operating income in the appeals process. The attorney for the appellants wanted their  
appeal to apply to the entire building. Council only looking at specific appeals, though.  
The appellants today have certificates of representation from the Housing Justice  
Center. There is no way for the City Council to collect all of these individual decisions  
and say they apply throughout the buildings. With respect to the buildings' conditions  
and the warrant of habitability, that is the first thing DSI looks at. Staff looked at the  
fire certificate of occupancy ratings, which is the standard measure that the City uses  
to determine the condition of a non-owner-occupied building. For the 3 buildings in  
front of you, one had an A rating, one had a B rating, and one had a C rating. No  
subsequent inspections were triggered because no complaints were filed with DSI  
indicating that there were problems.  
In Legislative Hearings on July 17, 2025, when reviewing the conditions, I asked  
specifically if these had been forwarded to DSI for investigation, as they were  
submitted to my office at the beginning of June. They had not. I asked if the  
appellants would you like them to be. The answer was yes. They all got sent to DSI the  
third week in July, but then the City had the digital security incident. DSI got out there  
on September 4 and did an inspection of the entire premises. The inspector found that  
the conditions did not rise to the level of requiring any unit to be vacated. A staircase  
on the outside had been condemned, but it was not a mandatory exit route. I found it  
hard to see that as taking away the habitability of the unit.  
The fire certificate of occupancy inspectors look at both fire code and at property  
maintenance codes like building and mechanical and so on. If necessary, they bring in  
trades inspectors. In this case they had a certified building official and a certified fire  
inspector with them. In the legislative hearing, the presented expert was asked  
specifically if the warranty of habitability issues constituted reason for the units to be  
vacated. He indicated that they would be worthy to go unaddressed. There's no  
information indicating that the appellants' findings were corroborated.  
On September 4, the fire inspector also found that a lot of things had been addressed  
that were originally brought up since the June 4 inspection by the expert witness. The  
landlord testified that he had not been made aware of a significant number of these  
violations. I don't have records one way or the other on that. One example that appears  
in the recommendation letter is that he stated that if he been aware of lock problem  
that was reported on one of the units he would have addressed it, because the day  
before he had a locksmith on the property to do another repair. I struggle with this  
because the rent increases are not insignificant, ranging from 28% to 52%. There isn't  
a line in the code, though, that says "except if you can't afford it." It doesn't speak to  
tenant income or ability to afford a rent increase, so I have not been able to take that  
into account. I have no information on income or affordability.  
Finally I would ask that the City Council consider laying the matter over for a week to  
review the materials. One submission came in today. If the Council does choose to  
lay the matter over, I would encourage the Council to close the public hearing.  
Abbie Hanson: I just passed around photos to you all. As noted, the rent increase here  
is 28%, a significant increase. What stands out about this case, and why the residents  
chose to appeal, is that this was approved for a property with serious documented  
habitability problems. Moermond referred to documents submitted earlier today that  
were submitted by the landlord. It states that residents and their legal counsel have  
misrepresented the current state of the property. We have not. In the objection  
document that we submitted on Monday, we have pictures of the property on pages 3 -  
5. Page 5 has a giant hole in the floor that is still there. Page 4 shows pictures in and  
around Vincent Cornell's unit. The pictures I passed around are photos that Cornell  
took on Monday, which are time-stamped. They show a water damaged wall in the  
kitchen and cracks that lead to water infiltration and mold. There are text messages  
that we screenshotted, alerting the landlord of this problem in October 2024. The  
broken window on page 4 is from Autumn Buel's unit. The fire report from last  
Thursday identified it as broken. The letter that was submitted today simply says the  
window has been ordered.  
I visited Jessica Skaare's unit on Sunday. The windowsills and door frame look exactly  
as they did when I first visited the property in May. The landlord's statement says these  
problems are fixed or will be fixed. There has been no documentation submitted that  
these problems actually have been fixed. The record has pictures, video, and the  
declaration that residents have submitted about these problems. These were  
confirmed by last week's fire inspection and orders, which we included as an exhibit to  
our objection. The code violations need to be corrected. These are not minor. There is  
flaking paint. Because this is in a building built before 1978, the law says the paint is  
presumed to contain lead, unless the landlord says otherwise. There has been no  
documentation on that, so it is presumed to contain lead. There are children that live in  
and visit this property.  
The foundation cracks have been raised since the start of this, and they are still there.  
This leads to water infiltration and mold as well. If these increases are approved, they  
will be paying $3,000 to $4,000 more per year in rent for these units with documented  
problems. They have documented these problems with videos and more than 100  
photos. They told the landlord about these problems and detailed if the problems were  
there when they moved in. They took time off work to attend today and have put a lot  
of effort in. They have put their necks out to raise these problems in the context of a  
rent stabilization appeal, and it seems as if these problems are being swept aside. It's  
been incredibly frustrating for them, especially because the law is written to consider  
habitability. There's the implied warranty of habitability that Moermond mentioned, but  
there is also substantial deterioration that must be considered. There is compliance  
with local health and housing code that must be considered. Habitability language has  
been in the ordinance since it was passed into law by voters.  
We are asking that you follow the ordinance as it is written and follow the  
non-controversial principle that if a landlord wants to deviate from that 3% cap, they  
need to hold up their end of the bargain and provide a habitable home.  
Scott Day: I'm the son of the owner, Judith Day, as well as her power of attorney. She  
is dealing with health issues and is unable to manage the property. I've been living  
abroad for the last 21 years and was brought back to the Twin Cities in November due  
to her health situation. She has owned these buildings since 1998 and was a tenant  
before she bought them. She's acted more of a mother figure to her tenants, rather  
than just a landlord. I welcomed the inspectors when they came, and am working daily  
with professionals to remedy the problems the inspectors noted. We've never had an  
eviction. We are part of the community. I only did this because of my mom's health  
issues. She never kept up with expenses. I had to go through all the books and  
submit all the paperwork to justify the rent increase. We don't want to increase the  
rent. We have to. Property taxes, insurance, and energy costs have raised our bills,  
but rents have not increased. This was partly due to my mom's health. She didn't ever  
want to raise rents on tenants. This was an economics decision. Rents are well below  
the value right now. This is a great neighborhood, and these properties are right by the  
governor's residence. This is something we had to do.  
Bill Griffith: When I sent my letter earlier today, I wanted to indicate to the Council, in  
real time, a response to a letter from September 8 about the status of the building. I  
believe the appellants' counsel has misrepresented what Scott Day is doing to rectify  
issues. Judith Day didn't raise rent more than 1% in 5 years. Her expenses have gone  
up by 50%, so Scott triaged the complaints when they came in after this appeal. Mold  
and electrical issues have been addressed. I welcome any of you, between now and  
your next meeting, to walk out to the property. You can see where all the stairs have  
been stabilized after previously being condemned. Landlords address the most  
pressing concerns first. There was also some vandalism, so windows have been  
boarded up and new windows have been ordered. No tenant is exposed to the  
elements. I walked around the building myself and I encourage you to do the same.  
Your own professional staff have confirmed that the building is habitable. The  
improvements will continue over the next 30 days. All orders from DSI will be  
addressed. Issues with paint and inoperable windows will be dealt with, but there is  
nothing left on that list that causes serious habitability concerns, nor would I say that  
there ever was. In any case, the most serious issues on the property have been  
addressed. In the last 30 days I think Scott has spent $70,000 - $80,000 on  
improvements. That's fine. That's what a landlord should do. We're not disputing that  
fact. But, the property is habitable, and your own staff have confirmed. Scott Day will  
continue to work with DSI to make sure that anything of concern is addressed, and will  
continue to respond to tenant concerns. The one tenant who had a 52% increase has  
reached a resolution with Scott and will not have more than a 15% increase. Any  
tenant can work with us similarly, but we need the increase to make the property work.  
Dan Stahley, Assistant City Attorney: Before we continue, there was an invitation by  
the last speaker for councilmembers to go visit the property. It's the advice of the City  
Attorney to not do any independent investigation. The record is what happens in the  
council chambers here today and what's been submitted as part of the record.  
Councilmember Bowie moved to close the public hearing. Approved 7-0.  
Bowie: The goal of our rent stabilization policy is to ensure fairness and transparency  
when a landlord requests an exception. I have observed and heard that there has been  
progress on making improvements to this property. For the habitability concerns, I  
would say the buildings are habitable. Things like increases in property taxes and  
management have been documented. I think it's important for tenants to know that  
there are proper channels for exploring concerns about living conditions through DSI's  
complaint system. I think DSI followed the law in allowing the rent increase.  
Council President Noecker: Moermond, you said DSI staff looked at the fire certificate  
of occupancy for the properties and one was an A, B, and C. Do we know when those  
last inspections have taken place that they based their decision on?  
Moermond: For 934 Ashland, which as an address also reads 934/936 Ashland, it  
received a B rating. The last inspection was on June 15, 2023. No subsequent  
complaints have been called in. For 938 Ashland, the last inspection was November of  
2021. It has a C rating, so it should have been reinspected under the normal course of  
events. Due to short staffing, DSI hasn't been doing reinspections on these unless a  
complaint has been called in, until they get a full complement of staff again. For 942  
Ashland, it has an A rating. It was last inspected October 22, 2021. A-rated buildings  
are allowed to have 6 years between inspections, so that was not due for one. No  
subsequent complaints came in on it. I talked to the fire inspections manager about  
the ratings on these. How the rating system works is that the violations are loaded into  
the City system, which used to be AMANDA, and attaches point values to different  
deficiencies. It will take the point values then and divide that by the number of units in  
common space in the building and give a rating. Council actually approves the point  
values that are attached to the different types of ratings. The inspections manager said  
he couldn't tell right then by just seeing the deficiency list, but figured two of the  
buildings were between an A and a B, and maybe one was between a B and a C. He  
did not believe that the inspection results moved the needle on how the ratings were  
given.  
Noecker: What I'm struggling with is that it seems like we are focusing on one of the  
requirements of our law, which is the warrant of habitability. But, there is also the  
substantial deterioration of the rental unit other than as a result of normal wear and  
tear. There's also failure on the part of the landlord to provide adequate housing or  
comply with local housing health and safety codes. It seems like we are focusing only  
on habitability, and we continue to have this refrain that the renters never let us know  
or that it wasn't reported to DSI. DSI didn't do anything more than look at the fire  
certificate of occupancy because there weren't complaints, but the burden of proof is  
not on the tenants. In our ordinance, the burden of proof is on DSI to ascertain all of  
these different points. I am concerned if the only metric they're using is a fire  
certificate of occupancy, especially when that certificate of occupancy is more than 4  
years old. It's also especially concerning when at least one of those units should have  
been reinspected in the meantime because of its low rating, but wasn't due to staff  
challenges. I am having difficulty with the fact that the department made a  
determination to grant the rent increase prior to having done the level of due diligence  
that I think needed to be done. Regardless of what happened afterwards and what's  
been fixed since then, and what's been inspected since then, I'm kind of coming back  
to the original determination and what had happened before that determination was  
made.  
Councilmember Johnson: I agree. It's not clear to me that when we focus specifically  
on that habitability piece, that we have also looked at the other elements of the  
ordinance. When we receive an appeal specifically outlining one thing, in this case  
habitability, do we go into the other potential issues or just go off of what is stated  
from the tenants?  
Moermond: The rating is already out there before the appeal. That is what staff refer to  
when the tenants filed the appeal. Originally, they indicated subsequent materials  
would follow. I didn't have anything besides an appeal of a rent increase. Subsequent  
materials did elaborate upon the conditions within the building. Staff were not asked to  
confirm. Rent stabilization staff review the numbers and there had been no complaint.  
I talked to DSI Director Angie Wiese. She said that without having a complaint, DSI is  
loath to dispatch inspectors. Regarding the ratings, the unit in front of you is in the 934  
Ashland building that has a B rating. It isn't within the normal calendar for reinspection.  
The withdrawn appeal is the C-rated building. That's not in front of you with this item.  
The 942 Ashland building has the A rating, and that's where the majority of the appeals  
are from.  
Johnson: What concerns me is that the current state of some of these buildings may  
not be accurate based on the time of the last inspection. Has DSI been out to confirm  
the conditions?  
Moermond: On September 4, last week.  
Johnson: Were they only looking for things brought up by the tenants?  
Moermond: They did a standard certificate of occupancy inspection. They didn't use  
just the complaint. They went through their list they would normally go through for  
everything. For this particular unit they called out a couple items. Those are in the  
attachment in front of you.  
Johnson: I don't know if I'm prepared to vote one way or the other today.  
Councilmember Kim: I agree with Noecker and Johnson. I'm doing a cursory search of  
the definition of habitability and I would say it's too broad. Some of the videos and  
photos that were submitted, and having running water coming through my basement  
would be considered inhabitable. I also have concerns about the timing of inspections  
and the due diligence of our departments. It's not to say that they don't do a good job. I  
would like more time to consider this as well.  
Bowie: I'm in favor of laying this over for a week. Moermond, you considered us closing  
the public hearing. What should we do if there is more information? I'm hearing  
questions about how we measure habitability and inspections.  
Moermond: Council already closed the public hearing. These are Minnesota State  
codes used to determine habitability, but for the local property maintenance code  
that's consistent with state code. I'm strongly encouraging the Council to use that for  
understanding what is considered unsafe. Other determinations would be more  
subjective. If you have a chipped tile in your bathroom, that's going to be written up by  
a fire certificate of occupancy inspector. Would points attach to that? Yes. Would that  
influence the rating in that particular case? Door locks and smoke detectors have  
large amounts of points attached to them. For this unit, the inspector noted scraped  
paint in the bathroom and improper bulbs in the bedroom.  
Bowie: So not having a smoke detector isn't considered a violation?  
Moermond: Not having smoke and carbon monoxide detectors present, or if they're  
malfunctioning, would be considered a significant violation.  
Bowie: But is that a question of habitability?  
Moermond: It's a component. There is uniqueness about that situation because the  
fire inspectors will not leave the site without having those items corrected, unless it's  
an extra non-necessary smoke or carbon monoxide detector. They have free ones that  
they can install. They will require the property owner to get something in right then. The  
inspector would then come back a month later and make sure it's still there.  
Kim: Stahley thinks we may need to reopen the public hearing to receive any new  
information. I don't think we need to do that, since we have the information we need. I  
support a layover to go over that information, though.  
Bowie: I move a one week layover of this item.  
Noecker: I support that. I'm struggling with habitability concerns, code violations, and  
the words in our ordinance that don't have specific definitions like "substantial  
deterioration." Even the word deterioration implies a change over time, which implies  
the need to go look at it now, not 3 - 6 years ago.  
Councilmember Coleman: I support a layover. I'm also hearing there may be areas to  
look at for policy change.  
Kim: I am also happy to offer assistance with these items, if Bowie would like.  
Public hearing closed and laid over to September 17, 2025  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenant, Vincent Cornell, to a Rent Stabilization Determination at  
934 ASHLAND AVENUE, UNIT 2.  
34  
Public hearing closed and laid over for one week.  
[See 9/10 minutes on RLH RSA 25-8 for staff report, initial public comment from  
appellant attorney, property owner, and property owner's attorney, as well as  
councilmember discussion.]  
Marcia Moermond, Legislative Hearing Officer: At the inspection last week, no  
deficiencies were found.  
Councilmember Bowie moved to close the public hearing. Approved 7-0.  
Bowie: What is your recommendation?  
Moermond: To deny the appeal. The landlord could increase rent up to 28%.  
Bowie: I move to lay this over for one week.  
Public hearing closed and laid over to September 17, 2025  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenant, Ehren Stemme, to a Rent Stabilization Determination at  
938 ASHLAND AVENUE, UNIT 6. (Appeal withdrawn)  
35  
[See 9/10 minutes on RLH RSA 25-8 for staff report, initial public comment from  
appellant attorney, property owner, and property owner's attorney, as well as  
councilmember discussion.]  
Withdrawn  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenant, Kayla Simonson, to a Rent Stabilization Determination at  
942 ASHLAND AVENUE, UNIT 8.  
36  
Public hearing closed and laid over for one week.  
[See 9/10 minutes on RLH RSA 25-8 for staff report, initial public comment from  
appellant attorney, property owner, and property owner's attorney, as well as  
councilmember discussion.]  
Marcia Moermond, Legislative Hearing Officer: There are no new orders and no orders  
written at this time.  
Councilmember Bowie moved to close the public hearing and lay over for one week.  
Public hearing closed and laid over to September 17, 2025  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenant, Jessica Skaare, to a Rent Stabilization Determination at  
942 ASHLAND AVENUE, UNIT 9.  
37  
Public hearing closed and laid over for one week.  
Jessica Skaare, appellant, appeared in person.  
Scott Day, son of building owner Judith Day, appeared in person.  
[See 9/10 minutes on RLH RSA 25-8 for staff report, initial public comment from  
appellant attorney, property owner, and property owner's attorney, as well as  
councilmember discussion.]  
Marcia Moermond, Legislative Hearing Officer: Last week's inspection had orders to  
scrape and repaint the hallway and kitchen. The back stairs were also condemned,  
which was mentioned in my initial comments.  
Jessica Skaare: I've been a tenant here for 10 years. I was shocked and disheartened  
by the 28% increase. There was no communication of my rent possibly increasing. I  
was baffled the approval happened without any sort of inspection. There are many  
different issues my landlord and the building manager have been aware of for years. In  
the last 2 weeks there have been fast fixes and short term solutions to long term  
problems. For example, my bedroom window's top pane has not been able to shut  
properly or even stay up without my makeshift wooden dowels for at least 3 years. That  
has now been fixed by 4 screws holding the top window pane in place. I'm now unable  
to fully use my window. My deck has been an ongoing safety concern. It has been  
coming disconnected from the building itself and the railing was extremely shaky. The  
fix has secured it to the building but the original boards were reused and just turned  
upside down. I now have chunks of wood that have flaked off and I do not feel safe  
having my nephews and nieces come over to play. The wood shreds could cause  
injury. I also didn't see a permit posted for this deck work. It's unclear if it's been  
inspected. There are still other major concerns that have not been addressed. The  
ceiling fan in my living room wobbles when it's turned on. I rarely use it because I'm  
worried about it falling on my cats or guests. I purchased a new ottoman because I  
was afraid it would fall on my coffee table and break it. My windowsill and door frame  
around my back door are also deteriorating and flaking paint. I do not feel like all the  
documented evidence of safety issues were taken into account in the  
recommendation. As you know the cost of living has increased and having an increase  
like this with my social work salary would be severely overwhelming. Approving this  
increase when the whole process has provided documentation that basic upkeep has  
not been maintained is not a fair judgment.  
Scott Day: We addressed the staircase and deck issues. That problem is resolved.  
You're welcome to take another look.  
Councilmember Bowie: It would be helpful for appellants to clearly state their ask.  
Council President Noecker: I think that was given by their attorney earlier.  
Bowie moved to close the public hearing and lay over for one week.  
Public hearing closed and laid over to September 17, 2025  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
38  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenant, Autumn Buel, to a Rent Stabilization Determination at  
942 ASHLAND AVENUE, UNIT 10.  
Appeal denied.  
[See 9/10 minutes on RLH RSA 25-8 for staff report, initial public comment from  
appellant attorney, property owner, and property owner's attorney, as well as  
councilmember discussion.]  
Marcia Moermond, Legislative Hearing Officer: As the tenant has moved out, I  
recommend that Council dismiss the appeal.  
Council President Noecker: So, a tenant can no longer appeal on behalf of a unit if  
they're gone? It wouldn't apply to them anymore, but it would still apply to the unit they  
left.  
Moermond: Appellants are people, not physical spaces. They can only appeal on their  
own behalf. If they initiated the appeal while they were a tenant but have since moved,  
they would lose that standing.  
Councilmember Johnson: Is this the C-rated building?  
Moermond: This was an A-rated building.  
Johnson: What was the timeline again? I remember a similar case where we ruled in  
favor of the tenant after they moved out. Is this an automatic dismissal or just a  
practice?  
Moermond: It would likely be the subject of litigation. I would defer to the City  
Attorney's Office. My recommendation is the same as it was in the previous case, and  
that is that the tenant who appealed is no longer a tenant and therefore doesn't have  
standing.  
Dan Stahley, Assistant City Attorney: Our advice is that they don't have standing  
anymore.  
Councilmember Bowie moved to close the public hearing and deny the appeal for lack  
of standing.  
Adopted  
5 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Bowie,  
Councilmember Jost and Councilmember Coleman  
1 - Councilmember Johnson  
1 - Councilmember Kim  
Nay:  
Absent:  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenants, Samuel Perkins & Chloe Cable, to a Rent Stabilization  
Determination at 942 ASHLAND AVENUE, UNIT 11.  
39  
Public hearing closed and laid over for one week.  
Chloe Cable, appellant, appeared in person.  
Samuel Perkins, appellant, appeared in person.  
[See 9/10 minutes on RLH RSA 25-8 for staff report, initial public comment from  
appellant attorney, property owner, and property owner's attorney, as well as  
councilmember discussion.]  
Marcia Moermond, Legislative Hearing Officer: Specific items listed during the recent  
inspection were to scrape and repaint the wall/bedroom door, decrease the fire load in  
the bedroom, and clear space around electric panels to 36 inches.  
Chloe Cable: Please reject the recommendation to approve a 28.5% increase in rent.  
The recommendation comments on a lack of communication from tenants to the  
landlord and the City. Tenants have reported issues to both landlord and City in the  
past. The issue is not communication by tenants, but rather is neglect by the property  
owner and incompetence by City inspectors. Many of the habitability issues have been  
clearly visible to anyone with eyes. Mold, broken windows and doors, and holes in the  
walls and floors were easily visible, and some still are. The fact that these issues have  
been overlooked by both property owners and inspectors over the years is indicative of  
neglect of the properties and their occupants. In other cases, we only learned of issues  
after we hired our own inspectors. For example, in our apartment we had no idea that  
our outlets were ungrounded. They were concealed by grounded 3-prong covers. What I  
thought was a funky light fixture in our kitchen was actually revealed to be a live wire  
wrapped in cloth. These fire hazards were not disclosed to us upon moving in and is  
not the job of tenants to understand safety standards and know the ins and outs of  
responsible property management. That is on the owners and City inspectors.  
Responsibility should not be placed on tenants as an error in communication. I  
acknowledge the right of property owners to a return on investment, but that right is not  
inherent to property ownership. It is earned. The habitability clause of the ordinance  
indicates that owners cannot qualify for an exception without their properties being up  
to code and safe to inhabit. The property owners have not earned this right to return on  
investment.  
Samuel Perkins: We've lived here almost a year. In 2021 the City voted with a 60%  
margin for rent stabilization. You can get into the details of the law, but with an  
increase of 28.5%, can you still me that vote matters? That's almost 10 times the  
expected amount, and my neighbor is approaching 20 times that amount. Us tenants  
have done our job by taking time off work to be here and submitting materials  
documenting habitability concerns. You need to consider the intended goal of what  
voters chose and not allow such a massively destabilizing number to take effect. That  
is complete violation of the ordinance's intended spirit.  
Councilmember Bowie moved to close the public hearing and lay over for one week.  
Public hearing closed and laid over to September 17, 2025  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
Appeal of Jim Poradek & Abbie Hanson, Attorneys for Housing Justice Center,  
representing Tenants, Lillian Johnson & Eleanor Rowen, to a Rent  
Stabilization Determination at 942 ASHLAND AVENUE, UNIT 12.  
40  
Public hearing closed and laid over for one week.  
[See 9/10 minutes on RLH RSA 25-8 for staff report, initial public comment from  
appellant attorney, property owner, and property owner's attorney, as well as  
councilmember discussion.]  
Marcia Moermond, Legislative Hearing Officer: The violation identified here is to  
replace bathroom ceiling tiles.  
Councilmember Bowie moved to close the public hearing and lay over for one week.  
Public hearing closed and laid over to September 17, 2025  
7 -  
0
Yea:  
Nay:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
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 Coleman moved approval.  
Legislative Hearing Consent Agenda adopted as amended  
7 -  
Yea:  
Councilmember Noecker, Councilmember Yang, Councilmember Kim,  
Councilmember Bowie, Councilmember Jost, Councilmember Johnson and  
Councilmember Coleman  
0
Nay:  
Amending Council File RLH TA 24-472 to Continue the Public Hearing for the  
Appealed Special Tax Assessment for property at 1055 FOURTH STREET  
EAST adopted by Council on February 12, 2025. (File No. J2505R,  
41  
42  
Assessment No. 258508) (Public hearing continued to September 10, 2025)  
Public hearing continued to October 22, 2025  
Ratifying the Appealed Special Tax Assessment for property at 562 GALTIER  
STREET. (File No. J2513R, Assessment No. 258524) (Public hearing  
continued to September 10, 2025)  
Public hearing continued to October 22, 2025  
Making finding on the appealed substantial abatement ordered for 925  
MAGNOLIA AVENUE EAST in Council File RLH RR 24-44.  
43  
44  
Adopted as amended (granted 180 days)  
Ratifying the Appealed Special Tax Assessment for property at 1155 REANEY  
AVENUE. (File No. J2511R, Assessment No. 258519) (Public hearing  
continued to September 10, 2025)  
Public hearing continued to October 22, 2025  
Second Making finding on the appealed substantial abatement ordered for 378  
SIMS AVENUE in Council File RLH RR 25-5.  
45  
Public hearing continued to October 22, 2025  
ADJOURNMENT  
Meeting ended at 5:37 PM  
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