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, May 17, 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

Administrative Order: Amending the 2023 Saint Paul Regional Water Services

AO 23-50

budget for the transfer of funds from various accounting units to increase

funding for the Administration - Building Repair Services expense account.

Received and Filed

Authorizing the Police Department to reallocate its 2023 Special Fund budget

to more accurately record expenditures meeting capital criteria.

AO 23-51

Received and Filed

Amending the 2023 spending budget in the Department of Public Works

Sewers Utility Fund Sewer Inflow and Infiltration accounting unit.

AO 23-52

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 Tolbert moved approval.

Consent Agenda adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Authorizing the Department of Public Works to apply for and accept funding

from the Federal Highway Administration’s (FHWA) Charging and Fueling

Infrastructure (CFI) Discretionary grant program for the City’s EV Spot

Network Project, which, if awarded to the City, would require a 20% local

match.

RES 23-674

Adopted

Changing the rate of pay for the Animal Services Officer I-III series to Grades

030, 034, 037, respectively.

RES 23-717

RES 23-730

Laid over to May 24, 2023

Approving the Collective Bargaining Agreement (January 1, 2023 - December

31, 2025) between the City and the Saint Paul Fire Supervisory Association

International Association of Firefighters Local 3939.

Laid over to May 24, 2023

Authorizing an agreement between the City and Saint Paul River Centre CVA

for the Police Department’s use of commercial space for police operations.

RES 23-731

RES 23-741

Adopted

Approving the application with conditions, per the Legislative Hearing Officer,

for Lavs Tac Ent LLC, d/b/a The Foundry Pub (License ID #20230000060), for

Liquor On Sale - 100 seats or less, Liquor On Sale - Sunday, and Gambling

Location licenses, located at 1201 Jackson Street.

Adopted

Approving the Memorandum of Agreement for the 2023 Wage and Fringe

Adjustment between the City and the International Union of Painters and Allied

Trades District Council 82.

RES 23-691

Adopted

FOR DISCUSSION

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

On Sale-Sunday, Liquor On Sale-2AM Closing, Liquor Outdoor Service Area

(Patio), Tobacco Shop, and Entertainment (A) licenses held by White Squirrel,

LLC d/b/a The White Squirrel Bar (License ID# 20200001333) for the

premises located at 974 Seventh Street West. (Licensee will speak to Council

on his own behalf)

RES 23-719

Therese Skarda, Assistant City Attorney, gave a staff report and answered

councilmember questions.

Jarret Oulman, license holder, spoke in opposition.

Councilmember Noecker spoke in support and moved approval.

Councilmember Prince asked if this involved a matrix penalty.

Skarda stated that it does not.

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 second reading.

Final Adoption

Amending Chapter 225 of the Legislative Code relating to weapons. (laid over

from May 3, 2023)

Ord 23-22

Councilmember Noecker moved Version 2.

Amended and laid over to May 24, 2023 for Public Hearing and Final Adoption

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Granting authority to the Port Authority to issue and sell general obligation

bonds to which the Port Authority pledges the full faith, credit, and resources

of the City pursuant to the provisions and by authority of said Minnesota

Statutes, Chapters 469 and 475, as amended.

Ord 23-23

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Amending Chapter 33.04 of the Legislative Code pertaining to Permit Fees as

they relate to Gas Burner, Plumbing fees and Radon system fees.

Ord 23-24

Councilmember Noecker moved approval.

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.

Amending Chapter 157 of the Legislative Code related to parking of

commercial and overweight vehicles.

Ord 23-25

Sean Kershaw, Director of Public Works, gave a staff report.

Councilmember Prince asked if fines would be the same as ones in Minneapolis.

Kershaw addressed Prince's question.

Mudin Farah spoke during the public hearing.

Prince asked about the number of affected drivers.

Farah addressed Prince's question.

Aydurus Osman spoke during the public hearing.

Councilmember Noecker asked about truck sizes.

Kershaw addressed Noecker's question.

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

Public hearing closed and laid over to May 24, 2023 for Final Adoption

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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

Recreation in the amount of $100,200 for the Hamline Avenue Trail project.

RES PH 23-104

Councilmember Tolbert moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Amending the financing and spending plans in the Department of Public

Works Capital Budget to close out 2018 projects.

RES PH 23-103

Councilmember Balenger moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Accepting Minnesota China Friendship Garden Society funds for the Saint

Paul Changsha China Friendship Garden project, and, amending the financing

and spending budget for the Department of Parks and Recreation in the

amount of $15,000 for the project.

RES PH 23-112

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

Recreation in the amount of $5,000 for funds received from the Lower Phalen

Creek Project (LPCP) for staff time for participating in the Swede Hollow

Creek Enhancement Feasibility Study.

RES PH 23-113

Councilmember Prince moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the application of ROK Eatery for a sound level variance in order to

present amplified sound on Sundays, June 4 - September 24, 2023 at 882

Seventh Street West #12 - ROK Eatery.

RES PH 23-116

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the application of POCIS for a sound level variance in order to

present amplified sound on June 18, 2023 at 1600 Phalen Drive - Phalen Park

Pavilion.

RES PH 23-117

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

LEGISLATIVE HEARING DISCUSSION ITEM

Appeal of Christina Harding on behalf of Lynn Huynh to a Revocation of Fire

RLH VO 23-19

Certificate of Occupancy and Order to Vacate at 1146 EDGERTON STREET.

(public hearing closed and laid over from May 17, 2023)

Laid over for 3 weeks to then consider a June 30 deadline.

Also in attendance: Christina Harding, appellant

Marcia Moermond, Legislative Hearing Officer: This revocation is for long-term

noncompliance with orders. Originally, there was a complaint in December, presumably

by the tenants because it was interior conditions being complained about. The orders

were written and there was some follow-up. Because it had been 6 years since the

property had gone through a full certificate of occupancy inspection, an inspection was

triggered by this process. It was a "Class A", the complaint came in and orders were

written, then a full inspection was done and a full set of orders were written. The orders

from the December complaint were mostly carried forward into the full set of orders,

which is part of why the FCO is being revoked for long-term noncompliance. In the

hearing, the property manager indicated that there were problems with the tenants, and

that the problems were tenant-generated. When reviewing the orders, some seem

tenant related while others appear to be deferred maintenance issues. I asked for a

work plan to address the items. The manager said she needed 60 days to do the work,

and I asked what her plan was to get there. That was on April 25. She then said she

could have it done in 2 weeks. I said no, and that I didn't want to set her up for failure.

I just wanted a work plan. We had a hearing the following week where a bid was mailed

in at the exact time of the hearing. The bid didn't include the dates for doing the work

and didn't address all of the items in the orders. It was specifically for the back of the

building. It was not a work plan. My recommendation is that the work be completed by

June 1. The appellant asked to have that extended to June 30. There still isn't a plan

associated with that. There is also a statement in the written appeal that there had

been an application for a permit to do the work. The biggest part for what needs the

permit is the extension on the back of the building with the porch on the bottom and

the room on the top. It has separated from the main structure and is unsound. The

orders said that a structural engineer needed to look at it. That would be required to

come into code compliance through fixing it. The appellant suggested removing that

part of the building, which is also an option. That second option was what the bid was

related to. I don't have any dates that go with that to say that will happen by June 30,

which is my concern. One unit was described as occupied and the other had the

tenants evicted after being a long-term problem. The landlord in California and the

property manager have been struggling with this building, and are both looking forward

to moving on. The property manager, Christina Harding, is on the line.

Council President Brendmoen: So the owner is in California, and the property manager

is local?

Moermond: Correct.

Harding: Everything Moermond said is correct. The tenants were an ongoing problem,

and in retaliation for the eviction they destroyed the unit and then called the City to

complain. Once I got them out, that was when we were first ordered to comply with the

fire inspection, and that was the day where we had sheriff lockout. Then they gave me

3 months and I had no luck trying to find a maintenance person who would do a small

amount of work for the interior. I had a guy that was supposed to show up 3 times and

never did, and so on. The fire inspector then brought in their supervisor and did a full

inspection, which I am not in agreement with because no one went into the lower unit,

which would have been included in a full fire inspection. Regardless, I am asking for

until June 30. Right now, my contractor pulled a permit on May 5 and the City said they

are working on permits from May 2 right now, so we still don't have a permit in hand. I

don't know when the permit will come in. The dumpster was delivered today. The

contractor wants to start work tomorrow morning and was prepared Monday morning,

and then we only need 2 weeks.

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

Brendmoen: Moermond, did you have something to add?

Moermond: Yes. I did follow up with the Department of Safety and Inspections (DSI) to

find out if there was a delay. They said no permit has been loaded into the system,

meaning no one has walked in with a permit application. They searched the computer

system for a permit application for this address, for each of the contractor names, the

property manager's name, and the owner's name, and there was nothing. Currently they

are processing applications for May 8 moving forward, which would be after the May 5

date indicated by the appellant. I wonder if there may be a miscommunication between

the manager and the contractor about the permit application. Something isn't lining up.

Yang: If we stuck to the June 1 deadline, but the appellant makes progress and still

needs more time, is there anything we can do to grant an extension?

Moermond: My concern in cases like this is the displacement of tenants, and

balancing that with housing conditions. The biggest problem is the structural problem.

It is in your interest to continue the conversation, but at the same time we need some

deadlines. Perhaps a 2-week layover would give a small extension to come back with a

plan and documents from the contractor showing when work will happen, indication of

payments to the contractor, or a permit application. We need something to hang our

hat on. We don't want to move forward without anything substantive. We don't have a

meeting in 2 weeks so the first Wednesday in June would be when you would lay this

over to. That is a effectively an extension to allow you to consider the June 30

deadline.

Yang: In that case, I move to lay this over for 3 weeks.

Brendmoen: I support that. I like the idea that it's an opportunity to come up with a real

plan. This is a good medium that we've reached. I also want to add that this street is a

beautiful wide street that was once a hilltop neighborhood. As Payne Avenue has

revitalized and other investments have been made, we can really feel more care and

attention going into that area. I'm looking forward to some of these houses getting

spruced up. Those houses matter. Lots of trees have come down so those houses are

front and center.

Public hearing closed and laid over to June 7, 2023

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:

Deleting the Appealed Special Tax Assessment for property at 942 AURORA

AVENUE. (File No. J2307E, Assessment No. 238306)

RLH TA 23-137

RLH TA 23-174

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1019 BEECH

STREET. (File No. J2307E, Assessment No. 238306) (Public hearing

continued to October 11, 2023)

Public hearing continued to October 11, 2023

Ratifying the Appealed Special Tax Assessment for property at 452 BIDWELL

STREET. (File No. CRT2306, Assessment No. 238205)

RLH TA 23-147

RLH TA 23-181

Adopted

Ratifying the Appealed Special Tax Assessment for property at 399 BLAIR

AVENUE. (File No. J2307E, Assessment No. 238306) (To refer to August 1,

2023 Legislative Hearing)

Referred to August 1, 2023 Legislative Hearing

Ratifying the Appealed Special Tax Assessment for property at 1039

BRADLEY STREET. (File No. VB2307, Assessment No. 238806)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 586

BURGESS STREET. (File No. J2307E, Assessment No. 238306)

Adopted

Appeal of Earl Carlson to a Vehicle Abatement Order at 1784 CARROLL

AVENUE.

Adopted

Amending Council File No. RLH AR 23-17 to delete the assessment for

Excessive Use of Inspection or Abatement services billed during August 22 to

September 21, 2022 at 982 CHARLES AVENUE. (File No. J2305E,

Assessment No. 238304)

Adopted

Deleting the Appealed Special Tax Assessment for property at 324

CLARENCE STREET. (File No. J2307E, Assessment No. 238306)

RLH TA 23-154

RLH TA 23-145

RLH RR 23-26

Adopted

Deleting the Appealed Special Tax Assessment for property at 953 CLARK

STREET. (File No. J2307B, Assessment No. 238106)

Adopted

Making finding on the appealed substantial abatement ordered for 39 HILLTOP

LANE in Council File RLH RR 22-53.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1840 IOWA

AVENUE EAST. (File No. 2306T, Assessment No. 239005)

Adopted

Deleting the Appealed Special Tax Assessment for property at 1885 IVY

AVENUE EAST. (File No. J2307E, Assessment No. 238306)

Adopted

Third Making finding on the appealed substantial abatement ordered for 655

JESSAMINE AVENUE EAST in Council File RLH RR 22-51.

Adopted as amended (nuisance condition abated and matter resolved)

Appeal of William Quinlan to a Summary Abatement Order at 1042 LAWSON

AVENUE EAST.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 817

MARSHALL AVENUE. (File No. J2307E, Assessment No. 238306)

(Legislative Hearing on May 16, 2023)

Referred to June 6, 2023 Legislative Hearing

Ratifying the Appealed Special Tax Assessment for property at 1079

MARYLAND AVENUE EAST. (File No. J2307E, Assessment No. 238306)

RLH TA 23-144

RLH TA 23-133

RLH TA 23-148

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1361

MARYLAND AVENUE EAST. (File No. J2307B, Assessment No. 238106)

Adopted

Deleting the Appealed Special Tax Assessment for property at 1826

SHERWOOD AVENUE. (File No. J2307E, Assessment No. 238306)

Adopted

Making finding on the appealed substantial abatement ordered for 1457 THIRD

STREET EAST in Council File RLH RR 22-24. (Public hearing continued to

May 17, 2023)

RLH RR 23-19

Adopted as amended (granted 180 days)

Ordering the rehabilitation or razing and removal of the structures at 829

THIRD STREET EAST within fifteen (15) days after the May 17, 2023, City

Council Public Hearing. (To refer to June 27, 2023 Legislative Hearing)

RLH RR 23-16

Referred to June 27, 2023 Legislative Hearing

Ratifying the Appealed Special Tax Assessment for property at 779 THOMAS

AVENUE. (File No. J2304E3, Assessment No. 238310)

Amended to ratify assessment and public hearing continued to June 7, 2023

Ratifying the Appealed Special Tax Assessment for property at 779 THOMAS

AVENUE. (File No. J2305E3, Assessment No. 238314)

Amended to ratify assessment and public hearing continued to June 7, 2023

Ratifying the Appealed Special Tax Assessment for property at 779 THOMAS

AVENUE. (File No. J2306E3, Assessment No. 238318)

Amended to ratify assessment and public hearing continued to June 7, 2023

Ratifying the Appealed Special Tax Assessment for property at 693

WESTERN AVENUE NORTH. (File No. J2307E, Assessment No. 238306)

Adopted

Appeal of Yang Vang and Pang Yang to a Vacant Building Registration

Requirement at 1093 WESTERN AVENUE NORTH.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 929 YORK

AVENUE. (File No. VB2307, Assessment No. 238806) (May 16, 2023

Legislative Hearing)

Adopted as amended (assessment ratified)

Ratifying the assessments for Collection of Vacant Building Registration fees

billed during August 11 to November 16, 2022. (File No. VB2307, Assessment

No. 238806)

RLH AR 23-33

RLH AR 23-34

Adopted

Ratifying the assessments for Securing and/or Emergency Boarding services

during December 2022. (File No. J2307B, Assessment No. 238106)

Adopted

Ratifying the assessments for Demolition services from November 2022. (File

No. J2303C, Assessment No. 232002)

RLH AR 23-35

RLH AR 23-36

Adopted

Ratifying the assessments for Collection of Fire Certificate of Occupancy fees

billed during October 25 to November 27, 2022 (File No. CRT2306,

Assessment No. 238205)

Adopted

Ratifying the assessments for Excessive Use of Inspection or Abatement

services billed during October 24 to November 21, 2022 (File No. J2307E,

Assessment No. 238306)

RLH AR 23-37

Adopted

Ratifying the assessments for Removal of Diseased and/or Dangerous Tree

services during January 2023. (File No. 2306T, Assessment No. 239005)

RLH AR 23-38

Adopted

ADJOURNMENT

Meeting ended at 4:34 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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