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, January 18, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:31 PM

7 - Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Rebecca Noecker, Councilmember Jane L. Prince,

Councilmember Mitra Jalali, Councilmember Nelsie Yang and

Councilmember Russel Balenger

Present

COMMUNICATIONS & RECEIVE/FILE

Approving the 2023 Fund 200 - City Grants for the Department of Emergency

Management to more accurately record expenditures.

AO 23-2

Received and Filed

Letters from the Department of Safety and Inspections declaring 2120 Rose

Avenue East and 1117 Jenks Avenue nuisance properties. (For notification

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

CO 23-5

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 Prince moved approval.

Consent Agenda adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Authorizing the Fire Department to accept a donation of $1,000 from Saint

Patrick's Association.

RES 23-78

RES 23-80

Adopted

Approving the request for removal of license condition #3 deleting the

requirement of closing the establishment at 12:00 a.m. for the licenses held

by The Essence Event Center Inc d/b/a The Essence Event Center (License

ID #20200000193) for the premises located at 1217 Bandana Boulevard

North.

Adopted

Approving the Settlement Agreement and Release between the City and

Monique C. Cullars-Doty, Trustee, and O’Connor Law Firm, Ltd.

RES 23-103

RES 23-49

Adopted

Establishing the rate of pay for the new classification Utility Trainee, in

Employee Group 71, Grade 028.

Adopted

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

Granting the application of Trellis Treehouse Acquisition LLC to rezone

property at 0 Madison Street (north of 2319 West 7th Street, PIN

22.28.23.22.0080), from R1 one-family residential to RM2 medium density

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

pertaining to the zoning map.

Ord 23-3

Councilmember Tolbert moved to lay over for one week.

Laid over to January 25, 2023 for Final Adoption

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 33.04 of the Legislative Code pertaining to establishment

of Permit Fees.

Ord 23-11

Councilmember Noecker moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 33.06 and 33.07 of the Legislative Code pertaining to

Establishment of Fees for Certificate of Compliance and Fence

Requirements.

Ord 23-10

Councilmember Jalali moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 34.24 of the Legislative Code pertaining to Excessive

Consumption of City Services.

Councilmember Yang moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 40.10 of the Legislative Code pertaining to Fire Certificate

of Occupancy as it relates to Fees.

Councilmember Prince moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 43.03 of the Legislative Code pertaining to Vacant

Buildings as it relates to the Vacant Building Registration Fee.

Councilmember Balenger moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 55.04 of the Legislative Code pertaining to the Fire Code

- permit fees for tents.

Councilmember Tolbert moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapters 55.09 and 55.10 of the Legislative Code pertaining to

the Fire Code - permit fees for liquid petroleum & hazardous materials,

storage tanks, and dispensing devices.

Ord 23-5

Councilmember Yang moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 161 of the Legislative Code pertaining to parking

enforcement during Snow Emergencies.

Ord 23-4

Councilmember Tolbert moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Chapter 233 of the Legislative Code pertaining to Earned Sick and

Safe Time.

Ord 23-2

Councilmember Tolbert moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

PUBLIC HEARINGS

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

to testify.

Granting the application of Keith Schroeder to rezone the property at 981

Fuller Avenue, from R4 one-family residential to T2 traditional neighborhood,

and amending Chapter 60 of the Legislative Code pertaining to the zoning

map.

Ord 23-1

Councilmember Balenger moved to close the public hearing.

Laid over to January 25, 2023 for Final Adoption

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

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

Recreation in the amount of $89,244 to utilize Parkland Dedication funds for

the Duluth and Case and Hazel Park Play Area projects.

RES PH 23-13

Councilmember Yang moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

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

Recreation in the amount of $305,000 for the Hamline Avenue Trail project.

RES PH 23-14

Councilmember Tolbert moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Authorizing the Department of Parks and Recreation to amend the financing

and spending plan, in the amount of $500,000, for the North End Community

Center (NECC) project.

RES PH 23-15

Council President Brendmoen moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Ratifying the assessments for Replacement of Lead Water Service Line on

Private Property during July to September 2022. (File No. 2301LDSRP,

Assessment No. 234000)

RES PH 23-5

Councilmember Noecker moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Ratifying the assessments for Repair of Sanitary Sewer Line on Private

Property during July to September 2022. (File No. SWRP2301, Assessment

No. 233000)

RES PH 23-6

Councilmember Yang moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Amending Public Works’ FY2023 spending and financing budgets to reflect

the final City Recycling Service rates as approved in RES PH 22-345 on

December 14, 2022.

RES PH 23-9

Councilmember Balenger moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

LEGISLATIVE HEARING DISCUSSION ITEM

Ratifying the Appealed Special Tax Assessment for property at 1374

RLH TA 22-382

ARLINGTON AVENUE WEST/ 1437 SHELDON STREET. (File No. J2304A,

Assessment No. 238503)

Assessment of $322 is ratified to recoup costs related to abating a nuisance of tall

grass and weeds.

Also in attendance: Alex McLane, appellant (remote attendance)

Marcia Moermond, Legislative Hearing Officer: This assessment is for costs related

to abating a nuisance of tall grass and weeds at a property. The cost is $160 along

with a service fee of $162 for a total of $322. Orders went out on July 13, 2022 to

have the grass cut. The inspector then followed up on July 17 to see if a work order

needed to be issued. The inspector went out and showed the grass clearly being

higher than his clipboard, which is about 12 inches long. The grass is tall and has

gone to seed. Parks and Rec abated the nuisance on July 21. I will now show video

they took both prior to the work being done and after the work was done. When they

round the corner, you will notice a large mound of dirt in the backyard. It is not a hill,

and they did not mow the grass growing out of that mound. When they go into the

alley you will be able to see it from the back side. They alley is mowed but you can

also see the back of that mound that is still tall and full of weeds. This is a very

straightforward abatement. The appellant is contesting whether or not the grass was

in violation of the code, which allows for height up to 8 inches. This height is above

12 inches. What he was looking for was whether individual blades of grass were

measured and whether on average they exceeded what is allowed by City code.

Looking at it, there is no question that the average height is at least a foot throughout.

During the legislative hearing, the appellant also alleged that the city damaged the

grass and should be compensating him for damage to the lawn. He wanted the

assessment decreased because of that. This issue is not in front of you. I indicated

that the proper venue for pursuing that would be to file a claim against the city, and

that the special assessment process is focused on recouping costs due to the

nuisance abatement. Another issue that was raised, which is also not in front of you,

is related to the excavation work at the property relating to the mound of dirt being

pulled away from the foundation. I am under the impression from the hearing that

there is a difference of opinion between Code Enforcement and the owner on this. As

I said, that is also not before you today and I do not have an order under appeal for

that. All that is in front of you is the $322 assessment for dealing with the tall grass

and weeds.

McLane: The city code is unclear when it defines grass being over 8 inches. Is it

talking about individual blades or the accumulation? I don't see anything during this

meeting that better defines that. Also, buffalo grass is grown more than 8 inches with

every grass blade. Why is that not enforced by code? Not seeing a reason why this

was an abatement. This should never have been done and the grass should still be

alive today. Because this happened during a drought and the grass was shaved to

less than one inch, it then died. Now I'm being charged for an abatement that

shouldn't have happened.

Council President Brendmoen: Is there any specific ask you're making?

McLane: I'm also working with the capitol region water district for the area that was

cut near the boulevard to turn it into a rain garden, to direct storm water to a

collection area where grass would be over 8 inches. This is something I am working

on for next spring.

Councilmember Jalali: From my understanding, it is perceptible that the grass was in

violation of code. The city did notice and ask for it to be cleared. That did not happen

for quite some time and then the city did have to do work to bring it into compliance.

That work had been performed and has a cost associated with it which need to be

recovered. Understanding that the appellant is not satisfied with what he argues are

damages, the best thing for him to do would be to follow Moermond's

recommendation regarding a claim. That is a separate matter. I would also

recommend that maintaining your lawn the way you would like within the code is the

best way to prevent this happening in the future. I'm glad to hear about plans for a

rain garden, and my office is happy to help with that if you would like. I move the

recommendation of the Legislative Hearing Officer.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

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 Noecker moved approval.

Legislative Hearing Consent Agenda adopted as amended

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

Appeal of Bao Starr to a Vacant Building Registration Fee Warning Letter at

1239 BURR STREET.

RLH VBR 23-3

RLH TA 22-377

RLH RR 22-57

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1437

CHARLES AVENUE. (File No. J2304A, Assessment No. 238503) (Public

Hearing continued to April 19, 2023)

Public hearing continued to April 19, 2023

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. (Amend to grant 180 days)

Adopted as amended (granted 180 days)

Appeal of Sonya Humes to a Summary Abatement Order at 643 EARL

STREET.

RLH SAO 23-3

Adopted

Appeal of Mike Mortimer to a Vacant Building Registration Renewal Notice

and Summary Abatement Order at 1762 ENGLEWOOD AVENUE.

RLH VBR 23-1

RLH TA 22-371

RLH FCO 23-8

Adopted

Deleting the Appealed Special Tax Assessment for property at 1043 KENT

STREET. (File No. J2304A, Assessment No. 238503)

Adopted

Amending Council File RLH FCO 22-88, adopted September 28, 2022, to

grant Arnold Kampa an additional extension for property at 1084

LARPENTEUR AVENUE WEST.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 802 MOUND

STREET. (File No. J2304A, Assessment No. 238503)

RLH TA 22-418

RLH RR 22-39

RLH TA 22-381

Adopted

Second Making finding on the appealed substantial abatement ordered for

575 PARK STREET in Council File RLH RR 21-71.

Referred to January 24, 2023 Legislative Hearing

Ratifying the Appealed Special Tax Assessment for property at 1393

PROSPERITY AVENUE. (File No. J2304A, Assessment No. 238503)

Adopted

Appeal of Todd Harper to a Vehicle Abatement Order at 1384 REANEY

AVENUE.

RLH SAO 23-2

Adopted

Ratifying the assessments for Property Clean up services during July 1 to 7,

2022. (File No. J2303A, Assessment No. 238502)

RLH AR 22-97

RLH AR 22-98

PUBLIC HEARING

Adopted

Ratifying the assessments for Property Clean up services during July 7 to 28,

2022. (File No. J2304A, Assessment No. 238503)

Adopted

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

to testify.

Considering and adopting the Findings of Fact, Conclusions of Law and

Recommendation submitted by the Administrative Law Judge concerning the

cigarette/tobacco license held by Zakariya Abukhudeer, d/b/a The One Stop

Market, LLC at 1541 Maryland Avenue East.

RES PH 23-10

Therese Skarda, Assistant City Attorney, gave a staff report.

Mark Thompson, attorney for the license holder, spoke during the public hearing.

Councilmember Yang asked Skarda for clarification on the related resolution

previously passed by the City Council.

Skarda answered Yang's question.

Yang moved approval.

Adopted

7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Yea:

Nay:

ADJOURNMENT

Meeting ended at 4:19 PM

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

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

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Written public comment on public hearing items can be submitted to

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