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 19, 2022

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:31 PM

6 -

Present

Councilmember Chris Tolbert, Councilmember Rebecca Noecker,

Councilmember Jane L. Prince, Councilmember Mitra Jalali, Councilmember

Nelsie Yang and Councilmember Russel Balenger

1 - Councilmember Amy Brendmoen

Absent

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

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Setting a public hearing date of November 2, 2022 for 2023 Water Charges.

RES 22-1488

RES 22-1537

Adopted

Approving the application with no new additional conditions added, per the

Deputy Legislative Hearing Officer, for Hogan Bard LLC (License ID#

20210000674), d/b/a Emerald Lounge, to add a liquor-Outdoor Service Area

(Sidewalk) license to its existing Liquor On Sale - 100 seats or less, and

Liquor On Sale - Sunday licenses located at 455 Seventh Street West.

Adopted

Approving the City’s cost of providing Property Clean Up services during

August 1 to 18, 2022, and setting date of Legislative Hearing for November 15,

2022 and City Council public hearing for February 1, 2023 to consider and levy

the assessments against individual properties. (File No. J2305A, Assessment

No. 238504)

RES 22-1547

RES 22-1548

Adopted

Approving the City’s cost of providing Property Clean Up services during

August 12 to 31, 2022, and setting date of Legislative Hearing for November

15, 2022 and City Council public hearing for February 1, 2023 to consider and

levy the assessments against individual properties. (File No. J2306A,

Assessment No. 238505)

Adopted

Authorizing the Department of Planning and Economic Development to apply

to the Metropolitan Council for Tax Base Revitalization Account fund for a

project at 892 7th Street East.

RES 22-1556

RES 22-1574

Adopted

Approving the application with no conditions, per the Deputy Legislative

Hearing Officer, for Nice Guys LLC (License ID# 20220000957), d/b/a

Chances Tavern, for Liquor On Sale - 100 seats or less, Liquor On Sale -

Sunday, and Gambling Location licenses located at 1080 Payne Avenue.

Adopted

Approving the Mayor’s appointment of Koveyia McPipe to the Financial

Empowerment Community Council.

RES 22-1584

RES 22-1585

RES 22-1586

Adopted

Approving the Mayor’s appointment of Anna Victoria Miranda to the Human

Rights and Equal Economic Opportunity Commission.

Adopted

Approving an amendment to Lease Agreement PR/10 for land abutting and

incorporated into the Cayuga Playground to extend the term through April 30,

2024.

Adopted

Denying a stay in implementation of Council File #RES PH 22-223 the

Cigarette/Tobacco license Held by Bright Star Inc. d/b/a Tom and Joe's

Market (License ID #20190003653) at 684 Western Avenue North.

RES 22-1617

Adopted

Establishing the rate of pay for Assistant Building Official.

RES 22-1619

RES 22-1621

Laid over to October 26, 2022

Approving and authorizing the non-use of a Project Labor Agreement on two

Planning & Economic Development and Housing & Redevelopment Authority

single-family housing redevelopment projects at Village on Rivoli (District 5,

Ward 5).

Adopted

Providing for the issuance of and accepting a proposal on the sale of General

Obligation Street Reconstruction Bond, Series 2022C; and levying a tax for

the payment of the Series 2022C Bond.

RES 22-1624

Adopted

Approving the Memorandum of Agreement for the establishment of the 2023 -

2025 health insurance contribution rates and VEBA contribution rates.

RES 22-1439

RES 22-1568

Adopted

Approving the Memorandum of Agreement between the City and International

Union of Painters and Allied Trades District Council 82 for the purpose of

establishing funding of uniforms for those employees in the Saint Paul

Regional Water Services.

Adopted

Approving the Memorandum of Agreement between the City and District

Lodge 77 International Association of Machinists and Aerospace Workers

AFL-CIO for the purpose of establishing a tuition sponsorship program for

Vehicle Technician Trainees.

RES 22-1569

Adopted

FOR DISCUSSION

Declaring October Domestic Violence Awareness Month.

RES 22-1620

Councilmember Prince spoke in support and read from the resolution.

Shelly Kline, Executive Director of the St Paul Ramsey County Domestic Abuse

Intervention Project, spoke in support.

Councilmember Noecker spoke in support.

Prince moved approval.

Adopted

6 -

Yea:

Nay:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

1 - Councilmember Brendmoen

Absent:

Approving adverse action against the Liquor On Sale - 100 seats or less

License held by Bark and The Bite LLC d/b/a Bark and The Bite (License ID

#20190000556) for the premises located at 2186 Marshall Avenue. (laid over

from October 12, 2022) (To be withdrawn)

RES 22-1582

Councilmember Noecker stated that the item had been withdrawn.

WIthdrawn

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

Councilmember Prince spoke to the item and moved a two-week layover.

Laid over to November 2, 2022

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Approving the petition of the Church of the Sacred Heart to vacate the portion

of public alley which runs through their property at 840 6th Street East. (public

hearing closed and laid over from October 12, 2022)

RES PH 22-299

Councilmember Prince moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Approving the petition of Joseph Kolar to vacate the portion of public alley

which abuts the property at 1911 Saunders Avenue. (public hearing closed

and laid over from October 12, 2022)

RES PH 22-302

Councilmember Tolbert moved approval as amended and spoke in support.

Adopted as amended

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

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 first reading.

First Reading

Amending Chapter 105 of the Administrative Code to add two youth

commissioners to the Parks and Recreation Commission.

Ord 22-43

Moua Xiong, Youth Relationship Program Manager for Right Track, gave a staff report.

Councilmember Prince thanked staff and spoke in support.

Councilmember Yang thanked staff and spoke in support.

Laid over to October 26, 2022 for Second Reading

Amending Section 220.05 of the Legislative Code to set rates for base level

garbage service to be effective January 1, 2023.

Ord 22-44

Susan Young, Program Administrator at Public Works, gave a staff report.

Councilmember Prince asked about the timeline for Request for Proposals.

Young addressed Prince's question.

Councilmember Noecker asked about tipping fees.

Young addressed Noecker's question.

Laid over to October 26, 2022 for Second Reading

PUBLIC HEARINGS

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

to testify.

Granting the application of PHS Norfolk Avenue LLC to rezone the property at

1883 Norfolk Avenue from R3 one-family residential to RM2 medium-density

multiple-family residential and amending Chapter 60 of the Legislative Code

pertaining to the zoning map.

Ord 22-42

Kara Parker, neighbor, spoke during the public hearing.

Elizabeth Sampair, neighbor, spoke during the public hearing.

Sam Jagodzinski, representing PHS Norfolk Ave LLC, spoke during the public

hearing.

Councilmember Tolbert thanked the testifiers and moved to close the public hearing.

Laid over to October 26, 2022 for Final Adoption

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Considering the appeal of Salamatu Forte to a decision of the Board of Zoning

Appeals (BZA) denying zoning variance requests to create off-street parking

spaces in the front yard and to place the parking spaces 3 feet from the north

and west property lines at 1712 Orange Avenue East.

ABZA 22-3

Therese Skara with the City Attorney's Office described the scope of the appeal.

David Eide, Zoning Inspector, gave a staff report

Salamatu Forte spoke as the appellant.

Councilmember Yang expressed appreciation for Forte's comments and moved to deny

the appeal.

Motion of intent, appeal denied

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Amending the financing and spending plans in the Fire Department for the

amount of $389,001 for the Fire Station 51 upgrade project.

RES PH 22-283

Roy Mokosso, Deputy Chief for the St. Paul Fire Department, spoke during the public

hearing.

Councilmember Balenger moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Amending the financing and spending plans in the Department of Public

Works Capital Budget to transfer $205,032 of Municipal State Aid (MSA)

funding from the 2021 Robert Street Project to the 2021 Robert Street Viaduct

Project.

RES PH 22-284

Councilmember Tolbert moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Amending the financing and spending plans in the Department of Public

Works Capital Budget to add Minnesota Department of Transportation

(MnDOT) funding to the Concord and Highway 52 Traffic Signals Project.

RES PH 22-295

Councilmember Yang moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

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

Recreation in the amount of $500,000 to reflect MN Department of

Employment and Economic Development funding for the construction of

Phase II of the Saint Paul - Changsha China Friendship Garden.

RES PH 22-304

Councilmember Jalali moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Accepting funding from Dunlap and Associates in the amount of $75,000 for

the development and implementation of pedestrian safety measures and

amending the financing and spending plans in the Department of Public

Works capital budget to add the funding to the 2022 Pedestrian and Traffic

Safety Program.

RES PH 22-308

Councilmember Prince moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Approving the application of Rock What You Got (KnowledgeSphere Inc) for a

sound level variance in order to present amplified sound on October 29, 2022

at 425 Rice St - former Sears parking lot.

RES PH 22-312

Councilmember Balenger moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Approving the application of Anderson Race Management for a sound level

variance in order to present amplified sound on November 5, 2022 at Harriet

Island - 200 Dr Justus Ohage Blvd.

RES PH 22-316

Councilmember Noecker moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

LEGISLATIVE HEARING DISCUSSION ITEMS

Denying a stay of enforcement of demolition for property at 587 COOK

RLH RR 22-52

AVENUE EAST.

Marcia Moermond, Legislative Hearing Officer: As of 2:45 PM today, the last condition

was met to get a layover recommendation from me. I ask that the item be sent back

to Legislative Hearings on November 22.

Councilmember Yang moved approval.

Referred to November 22, 2022 Legislative Hearing

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Appeal of Jack Cann, Housing Justice Center, representing Hannah Gray, to a

Rent Stabilization Determination at 787 HAMPDEN AVENUE #213.

RLH RSA 22-3

Recommendation to deny the appeal and allow an 8% rent increase was adopted.

Also in attendance: Jack Cann, Housing Justice Center, representing the tenant

appellant Hannah Gray

Marcia Moermond, Legislative Hearing Officer: This and the next item are the first two

tenant appeals under the rent stabilization ordinance, and so Therese Skarda from the

City Attorney's office will start us off.

Therese Skarda, City Attorney's Office: The agenda item for today is very limited in

scope and Council should be focusing on that matter alone.

Moermond: Dominium, the property owner, requested through the City's process to do a

rent increase of 8% for July 1, 2022 through June 30 2023. The current rent is $1,114.

An 8% increase amount to an additional $89, bringing the new rent to $1,203 per

month. Each of these two items were heard on at least two occasions, with each

hearing lasting at least an hour. There were also staff analysis meetings outside of

those hearings and that is why you may see extensive attachments. Dominium listed 3

reasons for an increase: unavoidable increase in operating expenses, decrease in

rental income, and a patter of recent rent increases or decreases. This increase was

filed using the self-certification process, which means that approval of the 8% increase

was automatic by the city. When we got the tenant appeal, I notified Dominium and

staff and asked that staff review the application to determine if the 8% increase

worked according to the numbers. After going through the numbers, the Department of

Safety and Inspections concluded that there was an allowable increase of 9.63%. The

math justifies an 8% increase that was asked for.

Cann: We accept the staff analysis that justifies a rent increase, so I don't have much

to say on this. I mostly plan on speaking to issues relating to the next item.

Councilmember Jalali: I just want to reiterate that we are making our decision today

based on the ordinance as passed by voters. The entitlement to a reasonable return

on investment and the staff analysis does justify the increase. I empathize with my

constituent. I don't want you to have to pay more money than you are able to pay, but

we are constricted by a process that does at least prevent an otherwise larger

increase. This definitely illuminates why we should not exempt affordable housing from

rent stabilization, which this council passed. We need to connect this to the big

picture. I move approval of Moermond's recommendation.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Appeal of Jack Cann, Housing Justice Center, representing Katherine

Banbury, to a Rent Stabilization Determination at 720 SEVENTH STREET

EAST #330.

RLH RSA 22-2

Recommendation to grant the appeal in part and allow a 6.12% rent increase was

adopted.

Also in attendance:

Jack Cann, Housing Justice Center, representing the tenant appellant Katherine

Banbury

Katherine Banbury, tenant appellant

Marcia Moermond, Legislative Hearing Officer: This is another appeal from a tenant to

a property owner's request for exemption to the rent cap. We had two legislative

hearings each lasting an hour. For the lease term of July 1 2022 through June 30,

2033, Dominium asked for a 7.1% increase of $96 per month, going from $1344 to a

new rent $1440. Dominium again listed the same 3 reasons for an increase:

unavoidable increase in operating expenses, decrease in rental income, and a patter of

recent rent increases or decreases. After going through the numbers, the Department

of Safety and Inspections concluded that there was an allowable increase of 6.12%. I

recommend that the appeal by granted in part, to not allow an 8% increase or a 7.1%

increase, but to allow a 6.12% increase.

Councilmember Prince: Your analysis is that the ordinance as passed by the voters

doesn't allow for different calculations for affordable housing, correct?

Moermond: That is correct. The ordinance makes no mention of affordable housing.

Cann: We agree with calculations that prevent an increase beyond 6.12%. Our concern

is that this decision would only apply to the single unit in this building, and does

nothing for the other residents who will still have to pay a higher rent increase. We

would asked the Council to make changes to the policy so that we can help all tenants

affected by this same increase in the future situations.

Banbury: I appreciate that this process gives tenants a legal recourse to appeal rent

increases, and we also need to look at the policy itself. I support Moermond's

recommendation, but think this Council needs to change its policy that exempted

affordable housing in a recent ordinance change.

Prince: I appreciate everyone for speaking and their work on this. To the issue of

extending this type of cap to other residents of the building, we will take that under

advisement. I also appreciate your points about how Dominium has benefited from

public subsidies. As you requested Ms. Banbury, I move the Moermond's

recommendation.

Councilmember Jalali: Thank you Katherine for your persistence and helping make our

system better.

Councilmember Noecker: I would like to echo that sentiment and thank staff and

everyone involved in this process.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

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 Tolbert moved approval.

Legislative Hearing Consent Agenda adopted as amended

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Appeal of Brett Hesley, KBD Investments LLC, to a Correction

Notice-Reinspection Complaint at 1008 CASE AVENUE.

RLH FCO 22-94

RLH RR 22-59

RLH VBR 22-49

Adopted

Making finding on the appealed substantial abatement ordered for 1253

CLEVELAND AVENUE NORTH in Council File RLH RR 22-14.

Adopted

Appeal of Jesse Olson to a Vacant Building Registration Requirement at 717

HOPE STREET NORTH.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1707 ROSE

AVENUE EAST. (File No. J2219A, Assessment No. 228519) (Public hearing

continued to October 19, 2022)

RLH TA 22-150

Adopted as amended (assessment deleted)

Appeal of Lee Cooper to a Vacant Building Registration Notice at 1040 SELBY

AVENUE.

RLH VBR 22-47

RLH VBR 22-50

ADJOURNMENT

Adopted

Appeal of James Greeman, PG Companies Thomas Avenue LLC, to a Vacant

Building Registration Notice at 1418 THOMAS AVENUE.

Adopted

Meeting ended at 5:10 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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