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, October 5, 2022

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:32 PM

6 -

Present

Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Jane L. Prince, Councilmember Mitra Jalali, Councilmember

Nelsie Yang and Councilmember Russel Balenger

1 - Councilmember Rebecca Noecker

Absent

COMMUNICATIONS & RECEIVE/FILE

Amending the 2022 spending budget for the Office of Neighborhood Safety in

AO 22-52

the City Attorney’s Office.

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

Councilmember Jalali moved approval.

Consent Agenda adopted as amended

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Waiving the 45-day notice requirement to approve a Liquor Outdoor Service

Area (Sidewalk) license with existing Liquor On Sale - 100 seats or less and

RES 22-1262

Liquor On Sale - Sunday licenses held by Hogan Bard LLC d/b/a Emerald

Lounge (License ID # 20210000674) for the premises located at 455 7th

Street West in Saint Paul.

Adopted

Approving the City’s cost of providing Collection of Vacant Building

Registration fees billed during January 10 to June 20, 2022, and setting date of

Legislative Hearing for November 1, 2022 and City Council public hearing for

January 25, 2023 to consider and levy the assessments against individual

properties. (File No. VB2302, Assessment No. 238801)

Adopted

Approving the City’s cost of providing Securing and/or Emergency Boarding

services during July 2022, and setting date of Legislative Hearing for

November 1, 2022 and City Council public hearing for January 25, 2023 to

consider and levy the assessments against individual properties. (File No.

J2302B, Assessment No. 238101)

Adopted

Approving the City’s cost of providing Collection of Fire Certificate of

Occupancy fees billed during August 6, 2021 to June 20, 2022, and setting

date of Legislative Hearing for November 1, 2022 and City Council public

hearing for January 25, 2023 to consider and levy the assessments against

individual properties. (File No. CRT2302, Assessment No. 238201)

Adopted

Approving the City’s cost of providing Excessive Use of Inspection or

Abatement services billed during May 23 to June 21, 2022, and setting date of

Legislative Hearing for November 1, 2022 and City Council public hearing for

January 25, 2023 to consider and levy the assessments against individual

properties. (File No. J2302E, Assessment No. 238301)

Adopted

Approving the City’s cost of providing Graffiti Removal services during June 23

to August 10, 2022, and setting date of Legislative Hearing for November 1,

2022 and City Council public hearing for January 25, 2023 to consider and

levy the assessments against individual properties. (File No. J2301P,

Assessment No. 238400)

Adopted

Authorizing the Department of Parks and Recreation to accept a gift of travel

and lodging from the Cities for Financial Empowerment fund for two staff to

attend the Summer Jobs Connect annual convening in Denver, Colorado.

Adopted

Authorizing the Department of Parks and Recreation, Como Park Zoo and

Conservatory, to accept funding from Polar Bears International to be used for

hotel and travel costs for Senior Zookeeper to facilitate at PBI Climate Alliance

2022 Summit; 3 October - 10 October 2022 in Churchill, Manitoba, Canada.

Adopted

Authorizing the Office of Neighborhood Safety to expend up to $25,000.00 on

wraparound supports for individuals and families in crisis and in need of

emergency assistance.

RES 22-1521

Adopted

Setting the date of Public Hearing for November 2, 2022 for 2023 Sanitary

Sewer Rates and 2023 Storm Sewer System Charges.

RES 22-1525

RES 22-1532

RES 22-1534

Adopted

Authorizing the Department of Parks and Recreation to add organizations to

the List of Eligible Recipients for Charitable Gambling funds for 2022.

Adopted

Approval to apply for Department of Employment and Economic Development

(“DEED”) funds in the amount of $500,000 and authorization to enter into an

agreement with the State of MN, which includes an indemnification clause, for

Phase II of the Chinese Garden project.

Adopted

Waiving the 45-day notice requirement to issue a Wine On Sale and Malt On

Sale (Strong) License to Cook St. Paul LLC d/b/a Cook St. Paul (License ID #

20220001432) for the premises located at 1124 Payne Avenue.

RES 22-1545

Adopted

Approving the use of grant fund through the Neighborhood STAR Year-Round

Program for Our Redeemer in partnership with Loaves and Fishes.

RES 22-1550

RES 22-1551

Adopted

Approving an Auto Repair Garage and Second Hand Dealer - Motor Vehicle

Parts license to Fredy Auto Repair LLC d/b/a Fredy Auto Repair (License ID

#20220000743) for the premises located at 601 Rice Street.

Adopted

Suspending the Auto Repair Garage License held by Dukes Cars and Towing

LLC d/b/a Dukes Car and Towing at 977 Front Avenue, for non-payment of the

matrix penalty and costs imposed under RES PH 22-193. (to be withdrawn)

RES 22-1552

Withdrawn

Authorizing the Department of Parks and Recreation to enter into Lease

Agreement between the City and Como Friends for portions of the Como Park

Zoo and Conservatory Gift Shop.

RES 22-1554

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.

Adopted

FOR DISCUSSION

Authorizing the conveyance of thirty-eight City-owned properties to the St.

Paul Public School District.

RES 22-851

Bruce Englebrekt, Real Estate Manager for the Office of Financial Services, gave a

staff report.

Councilmember Tolbert moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Recognizing the second Monday in October as Indigenous Peoples Day.

RES 22-1555

Councilmember Prince spoke in support and read from the resolution.

Strong Buffalo thanked Council and spoke in support.

John Bobolink thanked Council and spoke in support.

Prince moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Honoring the legacy of lifelong Saint Paul resident Barbara Satin upon her

retirement.

RES 22-1558

Councilmember Prince spoke in support, read from the resolution, and moved

approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

PUBLIC HEARINGS

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

to testify.

Considering the appeal of Friends of Pigs Eye Lake Park - Tom Dimond to a

decision by the Board of Zoning Appeals denying a request to issue a Stop

Work Order on the Pigs Eye Lake Island Building Project, a project regulated

and permitted by the Department of Natural Resources. (public hearing

closed, laid over from November 2, 2022)

ABZA 22-2

Andrew Hogg, Water Resource Coordinator for the Department of Safety and

Inspections, gave a staff report.

Councilmember Prince asked about the ordinary high water level.

Dan Scollen, East Metro Area Hydrologist for the Minnesota Department of Natural

Resources, spoke to Prince's question.

Prince asked about the need for local permits.

Scollen spoke to Prince's question.

Tom Dimond presented public testimony.

Kiki Sonnen presented public testimony.

Prince moved to close the public hearing. Approved 7-0. Public hearing closed.

Councilmember Tolbert asked staff about the underlying issue.

Hogg addressed Tolbert's question.

Councilmember Yang asked what would happen if Council sided with the appellant.

Hogg deferred to the City Attorney's office.

Prince moved a two-week layover.

Public hearing closed and laid over to October 19, 2022

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Ratifying the assessment for the Prior Avenue from University to St. Anthony

paving and lighting project constructed as part of the 2022 St. Paul Streets

Program (SPS). (File No. 19239, Assessment No. 225201)

RES PH 22-241

Councilmember Jalali moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Ratifying the assessments for benefits, costs, and expenses for the

Grand/Snelling parking lot operation and maintenance costs for 2023. (File No.

18746-22, Assessment No. 227202)

RES PH 22-247

Councilmember Tolbert moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Ratifying the assessment for benefits, costs and expenses for the Seventh

Place Mall operation and maintenance costs for 2021. File No. 18428-22,

Assessment No. 227200.

RES PH 22-249

Councilmember Yang moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Amending the 2022 financing and spending budgets in the Department of

Public Works Department, Sewer Utility for the Private Sewer Connection

Program.

RES PH 22-291

Councilmember Balenger moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Approving adverse action against the Tobacco License held by Northern Tier

Retail LLC d/b/a Speedway #4023 (“Licensee”) (License ID# 20100004236) at

577 Smith Avenue.

RES PH 22-292

Therese Skarda, City Attorney's Office, gave a staff report.

Jesse Sinadinos presented public testimony with steps the business has taken since

the violation.

Council President Brendmoen moved approval.

Councilmember Yang spoke in support and thanked the testifier for speaking.

Councilmember Jalali spoke in support.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Authorizing the Department of Public Works Asphalt Plant to amend the

spending and financing budget for the professional evaluation, consultation,

and redesign of the sediment pond for future operation.

RES PH 22-293

Council President Brendmoen moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Approving the application of Twin Cities Mobile Jazz Project for a sound level

variance in order to present live amplified sound on October 11, 2022 at 205

7th St W. - rear parking lot.

RES PH 22-294

Councilmember Balenger moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Authorizing the Police Department to accept and amend the 2022 Special

Fund Budget for the State of Minnesota, Department of Public Safety, Office

of Justice Programs, submitted for the 2022 American Rescue Plan Act

Innovation in Community Safety Program (ARPIC) grant.

RES PH 22-298

Councilmember Tolbert moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Authorizing the Police Department to accept and amend the 2022 Special

Fund Budget for the State of Minnesota, Department of Public Safety, Office

of Traffic Safety (OTS) DWI/Traffic Safety Officer program grant.

RES PH 22-300

Councilmember Prince moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Amending the financing and spending plans in the Department of Parks and

Recreation in the amount of $1,171,450 to reflect additional 2022 funding

expected from Como Friends.

RES PH 22-303

Councilmember Jalali moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

LEGISLATIVE HEARING ITEM TO BE RECONSIDERED

Ratifying the Appealed Special Tax Assessment for property at 874 MARION

RLH TA 22-316

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

Assessment reduced to $291 and made payable over the course of five years.

Also in attendance: Niko Lee, property owner.

Marcia Moermond, Legislative Hearing Officer: This is for an assessment to clean up a

property. The cleanup was ordered on April 13, 2022, with a deadline by April 21. The

actual recheck occurred on two dates, on April 26th and 29th, and cleanup occurred on

May 3. Cost totaled to $582. In the Legislative Hearings, the property owner said he did

not receive notice, however the city did not have any returned mail for either the mail

they sent to the property owner by name or to the resident. The owner claimed he was

out of the country and has a relative looking in on the property.

Moermond then showed video from the Department of Safety and Inspections (DSI)

both before and after the cleanup.

Moermond: During the hearing, financial issues came up. That, combined with the

good caretaking of the property, I recommend that the assessment be reduced to

$291 and made payable over five years. I understand he will be looking for a further

reduction to that.

Council President Brendmoen: I appreciate that care was taken to not disturb items

that were not to be cleaned up. I also find the recommendation to halve the

assessment to be very generous. The work was done, and the rest of our taxpayers

pay the bill if we don't assess it to the property.

Moermond: This is an unusual recommendation coming from me.

Lee: I never received any notice of a cleanup order. I have also had medical issues. My

house sitter unfortunately did not take care of the place while I was gone. I cannot

afford this expense. I am struggling to pay my mortgage and medical payments.

Brendmoen: To clarify, you would like the assessment reduced further?

Lee: Yes.

Balenger: I'm sorry this is such a hardship on Mr. Lee, but I do find the

recommendation to be generous and fair. I move approval of the recommendation.

Brendmoen: This would be collectible on the property tax statement, correct?

Moermond: Yes. The property taxes are current. The $58 would be billed in halves so it

would come forward as two payments of $29 each year.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

LEGISLATIVE HEARING DISCUSSION ITEM

Making recommendation to Ramsey County on the application of Jeffery

RLH OA 22-9

William Guertin for repurchase of tax forfeited property at 824 COMO

AVENUE.

Council recommends to Ramsey County that the property be allowed for repurchase.

Marcia Moermond, Legislative Hearing Officer: It is our practice based on Ramsey

County code, that after a tax forfeiture, when the county receives an application for

repurchase from the former owner, the county sends a letter to the city asking for

evaluation on whether the property is a municipal problem. To do this we look back

over five years at code enforcement actions, police incidents, and come to a finding.

The Council then can recommend to the county that the property be repurchased,

recommend that it be repurchased with conditions, not make any recommendation, or

recommend that a repurchase be denied. For this property the recommendation is to

allow for the property’s repurchase. The review was done without considering the reason

for applying for a repurchase. The reason why is public information, but it has been

redacted from the record. Looking at city records without this information, we can do

our best with myself and the Department of Safety and Inspections working together.

Council President Brendmoen: I wanted to discuss this for two reasons. First, I wanted

to draw attention to this and ask for an update from Ramsey County on changes to

their tax forfeiture program. I think that some of their changes are about taking a more

human approach and I appreciate that. There is an issue of missing information,

though, when the information is both public and redacted. In this case, I am supportive

of recommending to Ramsey County that this property be repurchased. This property is

also a business that doubles as the person’s livelihood and the person is struggling.

There is some slow progress on a business renovation. I would like to add to this

recommendation somehow that if we don’t get this person some kind of support, this is

going to happen again in 5 years. We need to do more than just allow a repurchase

without providing a support.

Brendmoen moved approval.

Adopted

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

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 Yang moved approval.

Legislative Hearing Consent Agenda adopted as amended

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali, Councilmember Yang and Councilmember

Balenger

Nay:

1 - Councilmember Noecker

Absent:

Making recommendation to Ramsey County on the application of Aretta-Rie

Johnson, Resurrection Temple Church, for repurchase of tax forfeited

property at 0 ATWATER STREET, Parcel ID 302922330239.

RLH OA 22-8

RLH TA 22-110

RLH RR 22-42

Adopted

Ratifying the Appealed Special Tax Assessment for property at 113 COOK

AVENUE WEST. (File No. J2208E, Assessment No. 228307) (Public hearing

continued to October 5, 2022)

Adopted as amended (assessment deleted)

Ordering the rehabilitation or razing and removal of the structures at 1803 IVY

AVENUE EAST within fifteen (15) days after the August 10, 2022, City Council

Public Hearing. (Amend to grant 180 days)

Adopted as amended (granted 180 days)

Ratifying the Appealed Special Tax Assessment for property at 1577 MARION

STREET. (File No. J2206E, Assessment No. 228305) (Public hearing

continued to October 5, 2022)

RLH TA 22-59

RLH RR 22-24

Adopted as amended (assessment ratified)

Ordering the rehabilitation or razing and removal of the structures at 1457

THIRD STREET EAST within fifteen (15) days after the June 8, 2022, City

Council Public Hearing. (Amend to grant 180 days)

Adopted as amended (granted 180 days)

ADJOURNMENT

Meeting ended at 4:54 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.

Council Meeting Information

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

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

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

device greatly reduces costs since most agendas, including the documents attached

to files, are over 1000 pages when printed.

Web

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

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

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

minutes, and supporting documents.

Cable

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

local listings.