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, September 28, 2022

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:31 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

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

Councilmember Balenger moved approval.

Consent Agenda adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Authorizing the Department of Public Works accept the terms and conditions

for use of the Google LLC & its affiliates apps/software.

RES 22-1219

RES 22-1454

Adopted

Establishing the rate of pay for the new classifications of Human Rights

Investigator I and II in Employee Group 06, PEA.

Laid over to October 5, 2022

Authorizing the Department of Public Works to accept and sign Amendment

#1 (Exhibit A) to the original agreement (Exhibit B) for the MCES Inflow and

Infiltration (I&I) Demonstration Grant Project thereby extending the completion

date from January 31, 2022 to December 31, 2024; and accepting an

additional $300,000 of MCES grant funding.

RES 22-1460

RES 22-1473

Adopted

Accepting the gift of the costs of travel, food, and lodging from Mayors for a

Guaranteed Income (MGI), so that Mayor Melvin Carter can attend the 2022

Guaranteed Income NOW! Conference in Atlanta, Georgia, on September 28,

2022.

Adopted

Authorizing the Fire Department to enter into a joint powers agreement with

Ramsey County for a mental health crisis worker to coordinate with the

CARES team.

RES 22-1480

RES 22-1482

Adopted

Approving and authorizing the non-use of project labor agreement on the

Department of Planning and Economic Development and Housing and

Redevelopment Authority single-family housing redevelopment projects at 947

Sylvan Street and 964 Woodbridge Street.

Adopted

Approving adverse action against the Tobacco License held by Sami Ibrahim

d/b/a Fresh Food Market (“Licensee”) (License ID# 20200001735) at 65

George Street West.

RES 22-1490

Adopted

Approving adverse action against the Tobacco License held by Holiday Station

Stores LLC (“Licensee”) (License ID# 0016584) at 500 7th Street East.

RES 22-1492

RES 22-1493

Adopted

Authorizing the proper City officials to enter into a cooperative agreement with

the Minnesota Department of Natural Resources for the reconstruction of the

Gateway State Trail bridge over Westminster Street and the Arkwright Street

Local Trail Connection.

Adopted

Approving the fourth rider to the lease agreement between the City and the

Saint Paul Regional Water Services (SPRWS).

RES 22-1498

Adopted

Supporting nuclear war prevention.

RES 22-1522

Min 22-33

Adopted

Approving the minutes of the Saint Paul City Council meetings of August 3,

10, 17, and 24, 2022.

Adopted

Approving the Memorandum of Agreement between the City and the Manual

and Maintenance Supervisors Association for the purpose of creating an

exception to the pay for holidays worked in Article 14.4 of the Collective

Bargaining Agreement for the classifications of Senior Zoo Keeper and Parks

Maintenance Supervisor assigned to the Como Campus section of the

Department of Parks and Recreation.

RES 22-1430

Adopted

Establishing the rate of pay for the new Business Analyst series in EG 06,

Professional Employees Association (PEA), consisting of four new

classifications.

RES 22-1431

RES 22-1471

Adopted

Approving the Memorandum of Agreement between the City of Saint Paul and

Classified Confidential Employees Association for the purpose of establishing

new options for pre-65 Retiree Health Insurance.

Adopted

FOR DISCUSSION

Approving the appointment of Drew Nelson as Interim Director of the Office of

Technology and Communication, effective August 27, 2022.

RES 22-1499

Councilmember Noecker moved approval.

Drew Nelson was sworn in as Interim Director of the Office of Technology and

Communications.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Approving the appointment of Barb Sporlein as Interim Director of Saint Paul

Public Libraries, effective September 17, 2022.

RES 22-1501

Councilmember Noecker moved approval.

Barb Sporlein was sworn in as Interim Director of Saint Paul Public Libraries.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

SUSPENSION ITEM

Establishing the Saint Paul City Council Early Learning Legislative Advisory

Committee

RES 22-1549

Councilmember Noecker spoke in support and moved approval.

Councilmember Yang spoke in support.

Councilmember Jalali spoke in support.

Councilmember Prince moved approval.

Council President Brendmoen spoke in support.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

PUBLIC HEARINGS

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

to testify.

Adopting the 2023 Operating Plan for the Downtown Improvement District and

imposing a service charge pursuant to Minnesota Statutes Chapter 428A.

(Public hearing continued from September 21, 2022)

RES PH 22-271

Councilmember Noecker thanked staff for their work on this, thanked property owners,

and moved approval.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Final Order approving the Seventh Place Mall operation and maintenance for

2021. File No. 18428-22, Assessment No. 227200.

RES PH 22-248

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Amending the financing and spending plans in the Department of Public

Works Capital Budget to transfer $600,000 street reconstruction bond funding

to the 2019 Lexington Project.

RES PH 22-251

Councilmember Balenger moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the request of District Energy St. Paul, Inc. to amend District

Cooling rates for fiscal year 2023.

RES PH 22-254

RES PH 22-255

RES PH 22-281

Councilmember Tolbert moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the request of District Energy St. Paul, Inc. to amend District

Heating rates for fiscal year 2023.

Councilmember Prince moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

order to present live amplified sound on October 8, 2022 at 1227 Montreal Ave

(Highland Park picnic shelter).

Councilmember Tolbert moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Amending the City's operating budget to reflect the final sale details resulting

from the issuance of the Sewer Revenue Bonds, Series 2022B.

RES PH 22-282

RES PH 22-286

RES PH 22-287

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the application of Sean Denniston for a sound level variance in

order to present amplified sound on September 30, 2022 at Mears Park - 221

5th St E.

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

variance in order to present live amplified sound on October 15, 2022 at 2115

Summit Avenue near Summit Ave and Cretin Ave.

Councilmember Jalali moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

Making A Difference grant from the State of Minnesota, Department of Health

in the amount of $90,000.

RES PH 22-289

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Accepting grant funds, authorizing execution of a grant agreement with

indemnity obligations and other documents related thereto and amending the

RES PH 22-290

operating budget with respect to the City’s sponsorship of a Metropolitan

Council Livable Communities Demonstration Account Pre-Development grant

for the benefit of the African American Community Development Center LLC

(AACDC) project.

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the adoption of a spending plan under Minnesota Statutes, Section

469.176, Subd 4n.

RES PH 22-297

David Brooks spoke in opposition during the public hearing.

Sandra Erickson spoke in opposition during the public hearing.

Councilmember Tolbert moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

LEGISLATIVE HEARING DISCUSSION ITEMS

Appeal of Joseph Dalbec to a Summary Abatement Order and Vehicle

RLH SAO 22-47

Abatement Order at 913 JOHNSON PARKWAY.

Expectation is to have the property cleaned up by October 11. If that is not done,

Council will be asked to authorize the Department of Safety and Inspections to

execute a cleanup.

Also in attendance: Joseph Dalbec, property owner (by phone)

Moermond: This is for several trucks and a pile of scrap material. The order for the

cleanup was issued on September 9 with a deadline of September 19. The owner

asked for an extension to spring. I am making a recommendation to extend to October

11. This is the 3rd time in 3 years (orders in 2020, 2021,and now 2022) that summary

abatement orders have been issued for this similar reason. Extensions have been

granted on similar cleanups in the past, and so the owners should know what the

expectations are.

Councilmember Yang: In the past, when extensions were given, did the resident do the

cleanup or did the city have to do the cleanup?

Moermond: On at least one occasion the city has had to do at least a partial cleanup.

We have had assessments go through for the cleanup.

Dalbec: I need more time than I thought I could have. October 11 is not enough time.

I'm trying my best. I don't want to have to pay for it.

Brendmoen: If you do the work yourself you don't have to pay for it, but if the city does

the work the city will bill you.

Dalbec: I don't want that. I want to get it done.

Yang: I understand that you want more time, but we are already past the original

deadline of the order and the additional two weeks should be enough time. Based on

the past extensions, I am concerned about a longer extension and I move approval of

Moermond's recommendation.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Second Making finding on the appealed substantial abatement ordered for 575

PARK STREET in Council File RLH RR 21-71. (Public hearing continued to

September 28, 2022)

RLH RR 22-39

Public hearing continued to October 12. If property reaches code compliance by noon

on that day, the council will consider returning the remaining $2,500 performance

deposit.

Also in attendance: Frank Viggiano, property owner

Moermond: This has been before you several times in the past month. The project is

past 95% done but plumbing still needs to be completed. The contractor indicated to

the owner that the permit was finalized. What I heard from the building official is that

the rough in inspection was approved, so the work is not completed done. Because of

missed deadlines, the City Council did already forfeit half of the performance deposit.

The other half is pending today for non-completion. The building inspector is still

checking the status and so I would ask a one-week layover on this. Mr. Viggiano is

here and can explain the issue he is having with his contractor.

Viggiano: I own 575 and 595 Park St. I currently live in Mahtomedi. We've had a lot of

challenges with getting contractors to finish their work on time. I would appreciate if the

council could waive the penalties of $2,500 or $5,000, whichever it was. We are very

close to completion on this.

Council President Brendmoen: Are these the only properties you own in St. Paul?

Viggiano: I own 6 properties in St. Paul.

Councilmember Balenger: I move to keep the public hearing open and continue it to

October 12. If the property reaches code compliance by noon on October 12, I will

consider supporting a return of the $2,500 performance deposit.

Brendmoen: Does the public hearing need to remain open or should we close it?

Moermond: If there is a question of losing additional performance deposit, it would be

wise to keep the public hearing open.

Public hearing continued to October 12, 2022

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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 Prince 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

Nay:

First Making finding on the appealed substantial abatement ordered for 288

AVON STREET NORTH in Council File RLH RR 22-16.

RLH RR 22-50

RLH TA 22-310

RLH TA 22-302

Adopted

Deleting the Appealed Special Tax Assessment for property at 754 BLAIR

AVENUE. (File No. J2232A, Assessment No. 228539)

Adopted

Deleting the Appealed Special Tax Assessment for property at 264 EARL

STREET. (File No. J2232A, Assessment No. 228539)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 52 GERANIUM

AVENUE WEST. (File No. J2203A, Assessment No. 228502) (Public hearing

continued to September 28, 2022)

RLH TA 21-410

Adopted as amended (assessment reduced)

Second Making finding on the appealed substantial abatement ordered for 655

JESSAMINE AVENUE EAST in Council File RLH RR 22-5.

RLH RR 22-51

Adopted as amended (granted 180 days)

Amending Council File RLH FCO 22-49, adopted June 22, 2022, to grant

Arnold Kampa an additional extension for property at 1084 LARPENTEUR

AVENUE WEST.

RLH FCO 22-88

Adopted

Deleting the Appealed Special Tax Assessment for property at 672

RLH TA 22-306

MAGNOLIA AVENUE EAST. (File No. J2232A, Assessment No. 228539)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 874 MARION

STREET. (File No. J2231A, Assessment No. 228538)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 975 PALACE

AVENUE. (File No. J2217A, Assessment No. 228516)

Adopted as amended

Ratifying the Appealed Special Tax Assessment for property at 577 PASCAL

STREET NORTH. (File No. J2212A, Assessment No. 228511)

Adopted as amended (assessment reduced)

Amending Council File RLH AR 22-66 to delete the assessment for Collection

of Delinquent Garbage Bills for services during January to March 2022 at 750

STEWART AVENUE. (File No. CG2202A1, Assessment No. 220105)

Adopted

Ordering the rehabilitation or razing and removal of the structures at 1006

THIRD STREET EAST within fifteen (15) days after the June 22, 2022, City

Council Public Hearing. (Amend to grant 180 days)

RLH RR 22-30

RLH AR 22-77

Adopted as amended (grant 180 days)

Ratifying the assessments for Property Clean Up services during April 29 to

May 10, 2022. (File No. J2231A, Assessment No. 228538)

Adopted

Ratifying the assessments for Property Clean Up services during May 13 to

27, 2022. (File No. J2232A, Assessment No. 228539)

RLH AR 22-78

RLH AR 22-79

RLH AR 22-80

ADJOURNMENT

Adopted

Ratifying the assessments for Equipment and Labor for Clean Up services

during May to June 2022. (File No. J2233A, Assessment No. 228543)

Adopted

Ratifying the assessments for Tree Removal service during May 2022 at 1011

Burns Ave. (File No. J2234A, Assessment No. 228544)

Adopted

Meeting ended at 4:21 PM

City Council meetings are open for in person attendance, but the public may also

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

materials submitted by 12:00 pm of the day before the meeting will be attached to the

public record and available for review by the City Council. Comments may be

submitted as follows:

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

comments and materials submitted by 12:00 pm of the day before the meeting will be

attached to the public record and available for review by the City Council. Comments

may be submitted as follows:

Written public comment on public hearing items can be submitted to

Contact-Council@ci.stpaul.mn.us, CouncilHearing@ci.stpaul.mn.us, or by voicemail at

651-266-6805. Live testimony will be taken in person in the Council Chambers, and by

telephone by registering to speak by noon on the day before the meeting. The

registration link is located on the City Council website at www.stpaul.gov/council or

https://forms.office.com/g/TD3xN7WHy5.

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