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 25, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:32 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

Amending ESG project budgets: funding for 2022-23 Emergency Solutions

Grant activities administered by Ramsey County per the Joint Powers

Agreement approved via RES 19-2110.

AO 23-3

Received and Filed

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

Management to more accurately record expenditures for the UASI Grant.

AO 23-4

Received and Filed

Amending the 2023 spending budget in the Department of Public Works

Sewers Utility Fund Sewer Maintenance accounting unit.

AO 23-6

AO 23-7

Received and Filed

Amending HOME projects: amending 2020 HOME admin activities to match

allowable HOME admin allocation per grant award and ConPlan reported

program income; funding for 2022 HOME admin activities.

Received and Filed

Amending CDBG Project Budgets: $1,000,000 in CDBG funds for the Public

Safety Annex demolition.

AO 23-8

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 8 would be taken separately, per

Councilmember Noecker's request.

Noecker 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 Property Clean Up services during

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

21, 2023 and City Council public hearing for April 5, 2023 to consider and levy

the assessments against individual properties. (File No. J2313A, Assessment

No. 238512)

RES 23-59

RES 23-60

Adopted

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

November 17 to 28, 2022, and setting date of Legislative Hearing for February

21, 2023 and City Council public hearing for April 5, 2023 to consider and levy

the assessments against individual properties. (File No. J2314A, Assessment

No. 238513)

Adopted

Approving the use or non-use of a Project Labor Agreement on Department of

Parks and Recreation construction projects for the first half of 2023.

RES 23-106

RES 23-108

Adopted

Authorizing the Fire Department to accept the donation of hats, gloves,

mittens, pillows, stuffed animals, blankets, fleece materials and dog bone toys

valued at $4,330.40 from the Northern Express LLC.

Adopted

Authorizing the Department of Public Works to request from the Minnesota

Department of Transportation a variance from its State Aid Operation Rules

for the Hamline Avenue Mill and Overlay Project and to indemnify the State of

Minnesota for claims, demands, actions, or causes of action that may arise

based on the Department of Transportation granting the variance request.

RES 23-111

Adopted

Approving amended guidelines for the Homeowner Rehab Program (formerly

the Citywide Rehabilitation Program) (Citywide).

RES 23-114

RES 23-118

Adopted

Authorizing the Police Department to purchase water and refreshments for

witnesses, victims, and suspects during critical incident investigations and

assistance programs.

Adopted

Approving the Mayor's appointments of Sarah Florman, Jerry Brashier,

Rosilyn Carroll, and Nicohle Schluender to the Police Civilian Internal Affairs

Review Commission to a three-year term ending on January 31, 2026.

RES 23-134

RES 23-136

Adopted

Approving the agreement between the Department of Safety and Inspections

and the Association for Non-Smokers-Minnesota effective November 1, 2022

through October 21, 2023 and accepting a grant of a minimum of $10,000 to

enable DSI to limit youth/underage access to tobacco products.

Adopted

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

6, 7, 14, and 21, 2022.

Min 23-5

Adopted

FOR DISCUSSION

Approving the 2022 Round 2 Cultural Sales Tax Revitalization (STAR) Grant

Program awards.

RES 23-105

Councilmember Noecker spoke in favor, recognizing the St. Paul Festival Association

for an innovative proposal on security.

Council President Brendmoen spoke in favor.

Councilmember Noecker moved approval.

Councilmember Prince spoke in favor.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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 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 approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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 spoke in favor and moved approval.

Councilmember Prince spoke in favor.

Councilmember Jalali spoke in favor.

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.

Public hearing to consider the appeal of Chad Cutshall of a Planning

Commission decision approving a site plan for residential development at 0

Madison Street with 36 dwelling units and 7 structured parking spaces to be

accessed via a private street on the adjoining property at 2319 7th St W.

(Public hearing closed and laid over from January 25, 2023)

APC 23-1

Ashley Skarda, Zoning Inspector, gave a staff report on the site plan review for Items

19 and 20.

Kady Dadlez, City Planner, gave a staff report on Items 19 and 20.

Chad Cutshall, appellant on Items 19 and 20, spoke during the public hearing.

David Lundy, neighbor, spoke during the public hearing.

Richard Johnson, neighbor, spoke during the public hearing.

Dan Walsh, representing the developer, spoke during the public hearing.

Councilmember Tolbert moved to close the public hearing and lay over to February 1,

2023.

Public hearing closed and laid over to February 1, 2023

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Public hearing to consider the appeal of Chad Cutshall of a Planning

Commission decision approving a variance for residential development at 0

Madison Street with significant regrading, tall retaining wall, and creation of

trough-shaped yards between a new building and the new retaining wall.

(Public hearing closed and laid over from January 25, 2023)

APC 23-2

Councilmember Tolbert moved to close the public hearing and lay over to February 1,

2023.

Public hearing closed and laid over to February 1, 2023

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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

amount of $133,500 for a contribution received from the Minnesota Board of

Firefighter Training and Education (MBFTE) to pay for training for firefighters.

RES PH 23-11

Councilmember Balenger moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

LEGISLATIVE HEARING DISCUSSION ITEM

Second Making finding on the appealed substantial abatement ordered for 288

RLH RR 23-3

AVON STREET NORTH in Council File RLH RR 22-50.

Public hearing continued for one week to February 1, 2023.

Marcia Moermond, Legislative Hearing Officer: I ask that you continue this public

hearing for one week, which was not on the previous list provided to you.

Councilmember Balenger moved approval.

Public hearing continued to February 1, 2023

Appeal of Greg Lehman to a Correction Notice-Complaint Inspection at 839

RLH FCO 23-5

FOURTH STREET EAST.

Appeal granted with regard to the electrical outlet. Appeal denied with regard to the

heater. Owner was granted until March 1 to have heaters installed that are compliant

with City Code.

Also in attendance: Greg Lehman, property owner

Marcia Moermond, Legislative Hearing Officer: This from a complaint based inspection

of Unit 1 of the building. The initial complaint was due to things like unsanitary

conditions, no heat, and smoke alarm problems. When the inspector was out, there

was a large set of orders. The only two that are under appeal are:

- An electrical outlet not being installed outside of code

- A radiator being installed vertically and outside of code

Looking at the photographs of the outlet, we have an outlet installed in the floor. This

is an unusual situation, and also involves a nearby door where the swing of the door

just barely clears the outlet. This type of outlet and cover plate is not something you

would normally see. The inspector thought this might have been surplus product from a

commercial job done in the 70s. In talking with the electrical inspector, there is not an

evident code violation without taking apart the outlet. He did not see anything there that

is obviously a violation. So in this specific order, I am recommending that the council

grant the appeal.

With respect to the radiators, there is a requirement in code that baseboard heaters

need to have covers. What we are looking at here are the exposed fins of a radiator.

The property owner indicates that he has numerous inspections where this has not

been called out over the years, and that he bought the property about 30 years ago

with the radiator existing in this way. He said the issue is that the tenant took the cover

off. The inspector saw this and shared photos with a mechanical inspection team for

their input. It was called out as being installed without a permit and not installed per

manufacturer instructions. The issue is that these exposed fins are sharp and

extremely hot. The owner suggested that he could cut the fins off, but that would leave

the copper pipe underneath exposed, which is also extremely hot. I would like to show

you a standard cover for a baseboard heater along with a picture of the elements

inside. They are intended to function horizontally, so that the cold air from the floor

goes through the radiator and by a convection process heats the room. That is how the

manufacturer intended it to work. Given a vertical installation, it would not work the

same way, and might connect to the tenant complaining of a lack of heat. It is

unfortunately if it has been this way for 30 years and not been called out. The photo,

though, shows a clear code violation both in my own estimation and that of the fire

inspector consulting with the mechanical inspection staff. I consulted with the senior

mechanical inspectors to go through this.

The correction would be to install a heating fixture like a radiator that is code

compliant. If it is baseboard heat, it should not be installed in this particular fashion.

In the inspector's view, this fix would require a mechanical permit to be pulled, although

someone with a mechanical, heating, or plumbing license may have the skills to be

able to pull the permit. My recommendation is that you deny the appeal on this matter,

that this is a code violation, and grant until March 1 for its correction. This is taking

into consideration that he is pursuing eviction of the tenant and he may not have

occupancy for part of this time.

Councilmember Prince: To be clear, you are recommending we grant the appeal on the

electrical outlet and deny the appeal on the heater?

Moermond: Yes.

Lehman: I live in Unit 2 of this building, and have owned it for over 30 years. The

correct name of the heater is a hydroponic baseboard element, and it has been there

over 30 years. It had a cover over it, but the tenant took the cover off of all the

heaters. Inside the apartment was almost 74 degrees. I have had over 15 certificate of

occupancy inspections over the last 30 years, and over 8 Section 8 inspections over

the last 15 years since this tenant was living there. Not once has a fire inspector or

anyone ever said anything about the heater. I had a partial cover over the heater and

can make a better cover if need be. I offered to take the metal elements off the

heater. She said I would be stuck with a metal pipe, but that's normal with a hot water

heater. Furnaces have pipes running up and down. There are also clamps you can buy.

If I took the metal off I could take these clamps and install them on the pipe to get

heat out. Regarding the code, I asked for the code citation during the appeal and never

got it until 2 minutes ago. The code is for general equipment and appliances, and has

nothing to do with the heaters. Moermond also says I have to have manufacturer's

instructions, but this was there when I bought the house over 30 years ago. I feel that

I'm totally in compliance if I have a cover on it. It does keep the room warmer. I can

take the fins off if that helps. What kind of permit do I need? Can I use these fin

clamps? That is all I have.

Prince moved to close the public hearing. Motion prevailed.

Prince: I appreciate what Lehman said ostensibly being code compliant for all these

years. What I would like to do is lay this over so I can talk to the inspector about a

different cover and other items.

Council President Brendmoen: I had a similar thought, but ultimately this heater

element needs to be replaced. Would it make sense to deny the appeal on this and

commit to working with the owner to figure out next steps. Laying over the inevitable

might not be the best.

Prince: Thank you. There is a need for a solution so I am okay with that.

Brendmoen: And you still have until March 1.

Prince moved 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 Tolbert 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:

Deleting the Appealed Special Tax Assessment for property at 1051

ARKWRIGHT STREET. (File No. J2302B, Assessment No. 238101)

RLH TA 22-399

RLH TA 22-380

RLH RR 22-48

Adopted

Ratifying the Appealed Special Tax Assessment for property at 277 AURORA

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

Adopted

Ordering the rehabilitation or razing and removal of the structures at 523

BEAUMONT STREET within fifteen (15) days after the September 21, 2022,

City Council Public Hearing. (Legislative Hearing on January 24, 2023)

Amended and referred to September 12, 2023 Legislative Hearing

Deleting the Appealed Special Tax Assessment for property at 1370 CARLING

DRIVE. (File No. J2302B, Assessment No. 238101)

Adopted

Appeal of Fadumo Abdi to a Vehicle Abatement Order at 779 CENTRAL

AVENUE WEST.

Adopted

Deleting the Appealed Special Tax Assessment for property at 824 COOK

AVENUE EAST. (File No. J2301P, Assessment No. 238400)

Adopted

Making finding on the appealed nuisance abatement ordered for 643 EARL

STREET in Council File RLH SAO 23-3. (Legislative Hearing on January 24,

2023)

Adopted as amended (nuisance abated and matter resolved)

Appeal of Lorn Ross McDowell to a Vacant Building Registration Notice at

1219 FIFTH STREET EAST.

RLH VBR 22-61

RLH TA 22-269

RLH TA 22-395

Adopted as amended (appeal granted without condition)

Ratifying the Appealed Special Tax Assessment for property at 501 HOPKINS

STREET. (File No. J2229A, Assessment No. 228534) (Public hearing

continued to January 25, 2023)

Adopted as amended (assessment reduced)

Ratifying the Appealed Special Tax Assessment for property at 284 MAPLE

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

Adopted

Ratifying the Appealed Special Tax Assessment for property at 975 PALACE

AVENUE. (File No. J2223A, Assessment No. 228525) (Public hearing

continued to January 25, 2023)

RLH TA 22-197

Adopted as amended (assessment deleted)

Ratifying the Appealed Special Tax Assessment for property at 984

TUSCARORA AVENUE. (File No. VB2302, Assessment No. 238801)

Adopted

Deleting the Appealed Special Tax Assessment for property at 981

UNIVERSITY AVENUE WEST. (File No. J2301P, Assessment No. 238400)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1671

UNIVERSITY AVENUE WEST. (File No. J2301P, Assessment No. 238400)

Adopted

Deleting the Appealed Special Tax Assessment for property at 120 WINONA

STREET EAST. (File No. VB2302, Assessment No. 238801)

Adopted

Ratifying the assessments for Collection of Vacant Building Registration fees

billed during January 10 to June 20, 2022. (File No. VB2302, Assessment No.

238801)

Adopted as amended (2063 Parkside Drive assessment removed and referred to

February 7, 2023 Legislative Hearing)

Ratifying the assessments for Securing and/or Emergency Boarding services

during July 2022. (File No. J2302B, Assessment No. 238101)

RLH AR 22-100

RLH AR 22-101

Adopted

Ratifying the assessments for Collection of Fire Certificate of Occupancy fees

billed during August 6, 2021 to June 20, 2022. (File No. CRT2302,

Assessment No. 238201)

Adopted

Ratifying the assessments for Excessive Use of Inspection or Abatement

services billed during May 23 to June 21, 2022. (File No. J2302E, Assessment

No. 238301)

RLH AR 22-102

Adopted

Ratifying the assessments for Graffiti Removal services during June 23 to

August 10, 2022. (File No. J2301P, Assessment No. 238400)

RLH AR 22-103

Adopted

ADJOURNMENT

Meeting ended at 4:51 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

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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

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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

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