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, November 9, 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

COMMUNICATIONS & RECEIVE/FILE

Letters from the Department of Safety and Inspections declaring 46 Front

Avenue and 1618 Hamline Avenue North nuisance properties. (For notification

purposes only; public hearings will be scheduled at a later date if necessary.)

CO 22-72

AO 22-63

AO 22-64

Received and Filed

Amending the CDBG general ledger budget to allocate the 2022 CDBG

spending plan of $7,600,000.00 to activity codes.

Received and Filed

Amending ESG project budgets: funding for 2021-22 Emergency Solutions

Grant activities administered by Ramsey County per the Joint Powers

Agreement approved via RES 19-2110.

Received and Filed

Amending CDBG Project Budgets: funding for Fire Station 51 (soft costs).

AO 22-65

AO 22-67

Received and Filed

Amending CDBG Project Budgets: funding for DSI Demos.

Received and Filed

CONSENT AGENDA

Items listed under the Consent Agenda will be enacted by one motion with no separate

discussion. If discussion on an item is desired, the item will be removed from the

Consent Agenda for separate consideration.

Approval of the Consent Agenda

Council President Brendmoen stated that Item 18 would be taken separately.

Councilmember Tolbert moved approval.

Consent Agenda adopted as amended

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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

Registration fees billed during January 7 to July 21, 2022, and setting date of

Legislative Hearing for December 6, 2022 and City Council public hearing for

February 8, 2023 to consider and levy the assessments against individual

properties. (File No. VB2303, Assessment No. 238802)

Adopted

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

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

December 6, 2022 and City Council public hearing for February 8, 2023 to

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

J2303B, Assessment No. 238102)

Adopted

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

Occupancy fees billed during September 8, 2021 to July 26, 2022, and setting

date of Legislative Hearing for December 6, 2022 and City Council public

hearing for February 8, 2023 to consider and levy the assessments against

individual properties. (File No. CRT2303, Assessment No. 238202)

Adopted

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

Abatement services billed during June 22 to July 22, 2022, and setting date of

Legislative Hearing for December 6, 2022 and City Council public hearing for

February 8, 2023 to consider and levy the assessments against individual

properties. (File No. J2303E, Assessment No. 238302)

Adopted

Approving the City’s cost of providing Removal of Diseased and/or Dangerous

Tree(s) services during January 2022, and setting date of Legislative Hearing

for December 6, 2022 and City Council public hearing for February 8, 2023 to

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

2302T, Assessment No. 239001)

Adopted

Approving the City’s cost of providing Removal of Diseased and/or Dangerous

Tree(s) services during August to September 2022, and setting date of

Legislative Hearing for December 6, 2022 and City Council public hearing for

February 8, 2023 to consider and levy the assessments against individual

properties. (File No. 2303T, Assessment No. 239002)

RES 22-1592

Adopted

Approving the re-execution of the Joint Powers Agreement establishing a

Watershed Management Organization for the Lower Mississippi River

Watershed.

RES 22-1708

RES 22-1710

Adopted

Preliminary Order setting the date of Public Hearing for January 11, 2023, to

consider approval of the Metro Transit 10-mile Gold Line Bus Rapid Transit

project. The only special assessments will be for private sanitary sewer

service repairs or replacements requested by property owners. (Project No.

19252C, Assessment No. 226001)

Adopted

Approving the Memorandum of Agreement between the City and Manual and

Maintenance Supervisors Association in order to provide on-call pay for MMSA

employees in the Saint Paul Regional Water Services (SPRWS) Distribution

Division.

RES 22-1713

RES 22-1726

Laid over to November 16, 2022

Approving the Memorandum of Agreement between the City and Manual and

Maintenance Supervisors Association in order to establish a one year pilot

program in Public Works Street Maintenance division for Public Works

Supervisor II and IIIs to volunteer to be placed on the oncall schedule.

Laid over to November 16, 2022

Authorizing use of a Project Labor Agreement (PLA) for the Farwell Yards

Project at 102 and 150 West Water Street (District 3, Ward 2).

RES 22-1730

Adopted

Approving the 2023 City Council meeting schedule.

RES 22-1738

RES 22-1744

Adopted

Authorizing stipend payments for the Early Learning Legislative Advisory

Committee

Adopted

Approving the minutes of the Saint Paul City Council meetings of September

7, 14, 21, and 28, 2022.

Min 22-37

Adopted

Establishing the rate of pay for the new classification of Equity Manager in the

Non-Represented City Managers Employee Group.

RES 22-1682

Adopted

FOR DISCUSSION

Approving the appointment of Jaime Wascalus as Director and Chief

Information Officer (CIO) of the Office of Technology and Communication,

effective November 9th, 2022.

RES 22-1743

Councilmember Noecker moved approval.

Jaime Wascalus was sworn in and gave remarks.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Honoring Veterans on Veterans Day, November 11, 2022.

RES 22-1737

Councilmember Prince read from the resolution and spoke in support.

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

Approving the FY2022 Neighborhood Sales Tax Revitalization loan and grant

awards. (laid over from November 2, 2022)

RES 22-1647

Councilmember Noecker moved approval.

Adopted as amended

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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 first reading.

Final Adoption

Amending Chapter 310 of the Legislative Code to eliminate petition

requirements, reference and establish uniform license procedures for Class

N, R, and T Licenses, shorten the notification process, eliminate the license

renewal public hearing provision, and update gender specific language and

other outdated terms.

Ord 22-46

Councilmember Noecker spoke in support and moved approval.

Councilmember Prince spoke in support.

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

Amending Chapter 409 of the Legislative Code to eliminate petition

requirements, reference and incorporate uniform license procedures as

outlined in Section 310 of the Legislative Code and update gender specific

language and other outdated terms.

Ord 22-47

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Amending Chapter 410 of the Legislative Code to eliminate petition

requirements, reference and incorporate uniform license procedures as

outlined in Section 310 of the Legislative Code and update gender specific

language and other outdated terms.

Ord 22-48

Councilmember Prince moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Amending Chapter 411 of the Legislative Code to eliminate petition

requirements, reference and incorporate uniform license procedures as

outlined in Section 310 of the Legislative Code and update gender specific

language and other outdated terms.

Ord 22-49

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

First Reading

Granting the application of Selby Commons Limited Partnership to rezone the

property at 909 Selby Avenue / 180 Milton Street & 912 Selby Avenue, from B3

general business & VP vehicular parking to T2 traditional neighborhood, and

amending Chapter 60 of the Legislative Code pertaining to the zoning map.

Ord 22-50

Tony Johnson, City Planner, gave a staff report.

Councilmember Balenger asked about property across the street.

Johnson answered and provided clarification.

Laid over to November 16, 2022 for Second Reading

PUBLIC HEARINGS

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

to testify.

Approving the petition of Cziasarh Yang on belhalf of DNZ LLC to vacate the

alley south of 519 Payne Avenue, and to convey the City's interest in the

vacated alley to the petitioner.

RES PH 22-320

Council President Brendmoen 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 a grant from

the U.S. Department of Justice (DOJ), distributed through the Community

Oriented Policing Services (COPS) program, via the FY 2021 Hiring Program,

in the amount of $150,000.

RES PH 22-328

Councilmember Tolbert moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Authorizing Public Works to request $767,266 in SCORE grant funds from

Ramsey County to support the curbside recycling program and setting the

2023 City Recycling Service Fees. (Laid over from November 9, 2022.)

RES PH 22-345

Councilmember Jalali moved approval.

Public hearing closed and laid over to December 7, 2022 for adoption

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

LEGISLATIVE HEARING DISCUSSION ITEMS

Appeal of Jack Cann, Housing Justice Center, Representing Tenant, Angela

RLH RSA 22-4

Wilhight, to a Rent Stabilization Determination at 261 FIFTH STREET EAST,

UNIT #604.

An increase of up to 8% is allowed in total for both rent and utility payments combined.

Also in attendance:

Jack Cann, Housing Justice Center, representing tenant appellant Angela Wilhight

Malcolm Terry, Bernick Lifson P.A., representing the landlord

Marcia Moermond, Legislative Hearing Officer: This case involved a tenant informed of

a 2.9% increase in rent but the increase in rent was augmented by separate billing for

utilities, which had previously been covered under the regular rent payment. Combined,

the amount brought the increase to between 11% and 13%, depending on utility usage,

based on charges of another tenant in the building. We had three legislative hearings,

and during this time period an analysis of the applications for exception took place.

There were two applications. One was for an exemption to increase rent beyond 8% for

some units, and the other was for self-certification to increase rents by 8%. The

application for increasing rents beyond 8% listed specific units, and the unit before

you today was not on that list. According to staff analysis, those units qualified for a

9% increase, but this unit again is not among that group. Because of this, it is

assumed it in the self-certification application. Staff determination is that both rent and

utility payments are included in what the city refers to as housing services, and would

result in an increase beyond what is allowed under the rent cap. My recommendation is

to grant the appeal in part, to allow an increase up to 8% when rent and utilities are

taken together.

Cann: I agree with what Moermond said. This is a similar situation as happened

recently, where the decision of the hearing officer and the City Council only affects this

specific unit, when other units are also experiencing this increase. This needs to be

addressed for every overcharged unit in the building. The ordinance should not be

ignored.

Terry: I don't have much to add. We had three hearings and this was very well-vetted.

It's not what we wanted but this seems fair and acceptable.

Councilmember Noecker: I agree with the Legislative Hearing Officer's

recommendation and move approval.

Adopted as amended (appeal granted in part)

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Making finding on the appealed nuisance abatement ordered for 913

JOHNSON PARKWAY in Council File RLH SAO 22-47.

RLH SAO 22-49

Finding made that nuisance has not been abated. Department of Safety and

Inspections authorized to execute a cleanup.

Also in attendance: Joseph Dalbec, property owner

Marcia Moermond, Legislative Hearing Officer: This was before you a few weeks ago.

You granted an extension to October 25 to have the property cleaned up. The

resolution before you now would make a finding on whether or not the property has

been cleaned up and would authorize the Department of Safety and Inspections (DSI)

to execute a cleanup to abate the nuisance. As you can see from the photos taken

yesterday morning, there is still a substantial amount of cleanup left to be done,

though things have improved. My recommendation is to make a finding that the

nuisance condition has not been abated and that DSI be authorized to execute a

cleanup.

Dalbec: We've been making progress slowly but gradually and it's getting done.

Council President Brendmoen: What is your ask of the Council? Are you asking for

more time like another two weeks?

Dalbec: Yes. Could you give me until after Christmas?

Brendmoen: We will close the public hearing and discuss your request.

Councilmember Yang moved to close the pubic hearing. Approved 7-0.

Yang: Has this property gotten an extension? I would just like clarification.

Moermond: Yes. This was in front of you on September 28 and an extension of about a

month was granted to October 25. The original order was issued on September 9.

Yang: Thank you. I move the recommendation of the legislative hearing officer.

Adopted

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 Jalali moved approval.

Legislative Hearing Consent Agenda adopted as amended

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Amending Council File RLH AR 22-67 to delete the assessment for Collection

of Delinquent Garbage Bills for services during January to March 2022 at 1198

BURR STREET. (File No. CG2202A2, Assessment No. 220106)

RLH TA 22-397

RLH RR 22-57

Adopted

Ordering the rehabilitation or razing and removal of the structures at 1501

CLARENCE STREET within fifteen (15) days after the November 9, 2022,

City Council Public Hearing. (To refer to December 13, 2022 Legislative

Hearing)

Referred to December 13, 2022 Legislative Hearing

Second Making finding on the appealed substantial abatement ordered for 698

DESOTO STREET in Council File RLH RR 22-17. (November 8, 2022

Legislative Hearing)

RLH RR 22-61

Adopted as amended (granted 180 days)

Appeal of Aychoeun Tea and Oudam Tun Tea to a Vacant Building

Registration Fee Warning Letter at 318 EDMUND AVENUE.

RLH VBR 22-54

RLH FCO 22-98

Adopted

Appeal of Kjersti Zaragoza, U.S. Department of Veterans Affairs on behalf of

Derrick Parker, to a Reinspection Fire Certificate of Occupancy With

Deficiencies at 1145 HUDSON ROAD, UNIT #429.

Adopted

Ordering the razing and removal of the structures at 331 LAWSON AVENUE

WEST within five(5) days after the November 9, 2022, City Council Public

Hearing.

RLH RR 22-58

Adopted

Appeal of Benjamin Roberts to a Re-Inspection Fire Certificate of Occupancy

RLH FCO 22-96

With Deficiencies at 124 LEXINGTON PARKWAY NORTH.

Adopted

Appeal of Art Anderkay, Beowulf Properties, to a Reinspection Fire Certificate

of Occupancy With Deficiencies at 1042 LOEB STREET.

RLH FCO 22-99

RLH RR 22-66

Adopted

Review Request for a potential stay of enforcement of demolition of Rachel

Mach, on behalf of Reverse Mortgage Funding, LLC, for property at 1722

REANEY AVENUE.

Adopted

Ordering the rehabilitation or razing and removal of the structures at 694

SHERBURNE AVENUE within fifteen (15) days after the May 25, 2022, City

Council Public Hearing. (Amend to grant 180 days)

RLH RR 22-19

Adopted as amended (granted 180 days)

Appeal of John Starr to a Vacant Building Registration Notice at 568 SMITH

AVENUE SOUTH.

RLH VBR 22-52

Adopted as amended

ADJOURNMENT

Meeting ended at 4:17 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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