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, September 6, 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  
Establishing eight (8) new projects through the Neighborhood STAR  
1
Year-Round Program as adopted via City Council Resolutions # RES 23-990,  
RES 23-997, RES 23-1004, and RES 23-1005.  
Received and Filed  
Amending the CDBG project budgets to allocate the 2023 CDBG spending  
plan of $7,600,000.00.  
2
3
Received and Filed  
Amending the CDBG project budgets: Funding for 950 Arcade (Family Foods)  
and 781 Seventh Street East (Storehouse Grocers), projects selected by  
CDBG subgrantee ESNDC for their Business Investment Fund (BIF)  
program.  
Received and Filed  
Amending HOME Project Budgets: Funding for Stryker Senior Housing project  
and Phalen Village Senior Housing project.  
4
5
Received and Filed  
Amending HOME Project Budgets: Moving 2023 grant year undesignated  
funds to 2023 grant year project budgets.  
Received and Filed  
Amending spending authority within the 2023 spending budgets of the  
Department of Public Works Right of Way Fund ROW Permits & Inspection  
Accounting Unit and Public Works Administration Fund Dale Street Campus  
Maintenance Accounting Unit.  
6
7
Received and Filed  
Amending HOME Project Budgets: Funding for Treehouse (W 7th Senior  
Apartments) project.  
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 Yang moved approval.  
Consent Agenda adopted as amended  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving assessment costs and setting date of City Council Public Hearing  
to ratify the assessment for benefits, costs, and expenses for the  
Grand/Snelling parking lot operation and maintenance for 2024. (File No.  
18746-23, Assessment No. 237202)  
8
Adopted  
Authorizing the City to enter into a cooperative agreement with Ramsey  
County for the Lexington Parkway Project between Albion Street and Adrian  
Street.  
9
Adopted  
Authorizing the City to enter into a cooperative agreement with Ramsey  
County for the Lexington Parkway Project between Shepard Road and Adrian  
Street.  
10  
11  
Adopted  
Approving the City’s cost of providing Collection of Vacant Building  
Registration fees billed during July 7, 2022 to April 19, 2023, and setting date  
of Legislative Hearing for October 3, 2023 and City Council public hearing for  
January 10, 2024 to consider and levy the assessments against individual  
properties. (File No. VB2401, Assessment No. 248800)  
Adopted  
Approving the City’s cost of providing Securing and/or Emergency Boarding  
12  
services during May 2023, and setting date of Legislative Hearing for October  
3, 2023 and City Council public hearing for January 10, 2024 to consider and  
levy the assessments against individual properties. (File No. J2401B,  
Assessment No. 248100)  
Adopted  
Approving the City’s cost of providing Excessive Use of Inspection or  
Abatement services billed during March 22 to April 21, 2023, and setting date  
of Legislative Hearing for October 3, 2023 and City Council public hearing for  
January 10, 2024 to consider and levy the assessments against individual  
properties. (File No. J2401E, Assessment No. 248300)  
13  
14  
15  
Adopted  
Approving the City’s cost of providing Graffiti Removal services during May 8  
to June 8, 2023, and setting date of Legislative Hearing for October 3, 2023  
and City Council public hearing for January 10, 2024 to consider and levy the  
assessments against individual properties. (File No. J2401P, Assessment No.  
248400)  
Adopted  
Approving adverse action against the Liquor On Sale-291 or more seats;  
Liquor On Sale-Sunday; Liquor Outdoor Service Area (Sidewalk); Liquor On  
Sale-2AM Closing; Gambling Location and Entertainment (A) licenses held by  
New Bohemia St. Paul, LLC d/b/a New Bohemia & Bier Haus/Truck Yard  
(License ID 20160003866) for the premises located at 222 Seventh Street  
West.  
Adopted  
Approving assessment costs and setting date of City Council public hearing to  
ratify the assessments for the Minnesota Street from Kellogg to 6th Street  
paving and lighting project constructed as part of the 2023 St. Paul Street  
Paving Program (SPS). (File No. 19261, Assessment No. 235200)  
16  
17  
Adopted  
Approving assessment costs and setting date of City Council public hearing to  
ratify the assessments for Annapolis Street from Smith to Humboldt (Phase I,  
Part A) paving and lighting project constructed as part of the 2023 Street  
Paving Program (SPS). (File No. 19249, Assessment No. 235201)  
Adopted  
Approving the use or non-use of a Project Labor Agreement on Department of  
Parks and Recreation construction projects for the second half of 2023.  
18  
19  
Adopted  
Approving Minnesota Laws 2023, Chapter 64, Article 8, Sections 4 and 5  
regarding the Downtown and Seventh Place (for the Minnesota Event District)  
Tax Increment Financing District.  
Adopted  
Authorizing the Department of Public Works to participate as a subrecipient in  
an application for grant funding from the Department of Energy (DOE)  
Bipartisan Infrastructure Law (BIL) Joint Office of Energy and Transportation  
Ride and Drive Electric program for funding to examine the cost and benefits  
of EV carshare, as well as the most effective business and economic models  
for EV carshare viability in communities outside the Twin Cities Metro.  
20  
Adopted  
Authorizing the City to enter into a cooperative agreement with Ramsey  
County for the County’s 2023 Pavement Preservation Project.  
21  
22  
Adopted  
Authorizing the City to enter into Subordinate Funding Agreement (SFA) #8 to  
the Master Funding Agreement with the Metropolitan Council for the Gold Line  
Bus Rapid Transit Project.  
Adopted  
Approving the Memorandum of Agreement between the City and AFSCME  
Clerical, Local 2508, for the purpose of establishing tuition assistance, a  
uniform allowance, and eligibility for consideration for scholarship grants  
provided grants are funded for Saint Paul Police Department Community  
Engagement Cadets.  
23  
Laid over to September 13, 2023  
Approving the application with conditions, per the Legislative Hearing Officer,  
for Rudy’s Auto Repair LLC (License ID #20230001164), d/b/a Rudy’s Auto  
Repair, for an Auto Repair Garage license located at 475 Como Avenue.  
24  
25  
26  
Adopted  
Authorizing the City to enter into a Cooperative Agreement with the Minnesota  
Department of Transportation (the “State”) for construction of the Fish  
Hatchery Trail on Truck Highway No. 61 Right-of-Way.  
Adopted  
Authorizing the City to enter into Contract No.1050910 (which includes  
indemnification obligations) with the Minnesota Department of Transportation  
(MnDOT) for federal funding for the Rondo Neighborhood Streets  
Improvement Study.  
Adopted  
Authorizing the Sewer Utility to enter into a Project Funding Agreement with  
the Capitol Region Watershed District (CRWD) for the creation of Phalen  
Creek Storm Sewer Hydraulic, Hydrologic, and Water Quality Detailed  
Modeling and Reporting.  
27  
28  
Adopted  
Approving the Mayor’s reappointment of David Ybarra to a three-year term on  
the District Energy Board of Directors.  
Adopted  
Naming Hillcrest Drive as a private street in the Highland Bridge development.  
29  
30  
Adopted  
Authorizing the City to enter into a cooperative agreement with Ramsey  
County for the replacement of the traffic signal at the intersection of St. Paul  
Avenue and Edgcumbe Road.  
Adopted  
Authorizing the Department of Parks and Recreation to apply for grant funding  
from the Minnesota Department of Natural Resources (DNR) ReLeaf  
Community Forestry Grants Program to invest in forestry planning and  
management of the tree canopy throughout Saint Paul.  
32  
33  
Adopted  
Accepting the gift of travel expenses from National League of Cities for Mary  
Henke-Haney to attend the Cities Connecting Children to Nature event, Nature  
Smart Library Site Exchange, in San Antonio, TX on October 3-5, 2023.  
Adopted  
Approving Minnesota Laws 2023, Chapter 64, Article 12, Section 15 regarding  
the CIB Special Law.  
34  
35  
Adopted  
Authorizing the City to transfer $1,950,000 of American Rescue Plan funds  
from the 30% AMI Deeply Affordable Housing account to a specific account for  
the Treehouse project.  
Adopted  
Honoring Michael Cherwayia Thao for his leadership in the community.  
36  
37  
Adopted  
Establishing the rate of pay for Public Works Supervisor, Solid Waste in EG  
10, Grade 036.  
Adopted  
FOR DISCUSSION  
Authorizing the City to amend the HUD Section 3 Compliance (Collaborative)  
Program Joint Powers Agreement. (Laid over from September 6.)  
31  
38  
Councilmember Prince moved to lay over for two weeks.  
Laid over to September 20, 2023  
Approving adverse action against the Second Hand Dealer-Motor Vehicle  
Parts and Auto Repair Garage licenses held by Castillo Auto Repair d/b/a  
Castillo Auto Repair (License ID# 20200001910), for the premises located at  
744 Third Street East. (Licensee will speak to Council on their own behalf)  
(Laid over from September 6, 2023)  
Therese Skarda, City Attorney's Office, gave a staff report.  
Isaac Castillo, License Holder, spoke alongside his dad and co-owner, Jerry Castillo.  
Councilmember Prince moved to lay over for one week.  
Laid over to September 13, 2023  
7 -  
0
Yea:  
Nay:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
Adopting the 2024 Operating Plan for the Downtown Improvement District and  
imposing a service charge pursuant to Minnesota Statutes Chapter 428A.  
(Public hearing closed. Laid over from August 16, 2023)  
39  
Bruce Engelbrekt, Office of Financial Services, gave a staff report.  
Councilmember Noecker moved approval of Version 2.  
Adopted as amended  
7 -  
0
Yea:  
Nay:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
Approving the petition of the Deanna Seppanen, on behalf of Macalester  
College, to vacate the remaining public alley rights opened, dedicated and  
platted in the block bounded by Grand Avenue, Macalester Street, Summit  
Avenue and Cambridge Street. (Public hearing closed and laid over from  
August 23, 2023)  
40  
Councilmember Tolbert moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
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 second reading.  
Final Adoption  
Amending Chapter 310 of the Legislative Code to correct license fee tables  
and implement annual license fee increases.  
41  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Amending Sections 411.01 and 411.04 of the Legislative Code to remove a  
reference to previously removed consent requirements and remove the  
requirement for a prospective licensee to provide off-street parking.  
42  
Councilmember Tolbert moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
First Reading  
Granting the application of York Avenue Land Development LLC to rezone  
property at 1500 and 1510 York Avenue from a combination of R4 one-family  
residential & RM2 multiple-family residential to all RM2, and amending  
Chapter 60 of the Legislative Code pertaining to the zoning map.  
43  
Laid over to September 13, 2023 for Second Reading  
PUBLIC HEARINGS  
Live testimony is limited to two minutes for each person. See below for optional ways  
to testify.  
Amending Title XXIII Public Health Safety and Welfare of the Legislative Code  
to add Chapter 222, titled Smoking of Tobacco, Hemp and Cannabis Products  
in City Owned Public Places Prohibited.  
44  
Councilmember Tolbert offered an amendment.  
Councilmember Noecker offered an amendment to the Tolbert amendment.  
Councilmember Yang expressed concerns and asked for more time to review the  
amendments.  
Councilmember Jalali expressed concerns and asked for more time to review the  
amendments.  
Councilmember Prince expressed concerns.  
Tolbert offered additional comments and offered to continue the public hearing for one  
week.  
Council President Brendmoen supported Tolbert's suggestion.  
Jalali described two additional amendments she would be proposing.  
Tolbert spoke in support of some of Jalali's suggestions.  
Councilmember Balenger expressed concerns.  
Brendmoen addressed Balenger's concerns.  
25 people spoke during the public hearing.  
Yang thanked testifiers.  
Jalali thanked testifiers.  
Prince thanked testifiers.  
Noecker thanked testifiers.  
Tolbert thanked testifiers and moved to continue the public hearing for one week.  
Brendmoen thanked testifiers and spoke in favor.  
Public hearing continued to September 13, 2023  
7 -  
0
Yea:  
Nay:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
Denying the application of Bigos Management/Kellogg Square for an  
exception to the general hours of skyway operation. (Public hearing continued  
from September 13, 2023)  
45  
46  
47  
Councilmember Noecker moved to continue the public hearing for one week.  
Public hearing continued to September 13, 2023  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Amending the financing and spending plans in the Public Works Sewer  
Stormwater Discharge Management Accounting Unit in the amount of $32,415  
for stormwater pond sediment sampling.  
Councilmember Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Amending the financing and spending plans in the Fire Department in the  
amount of $350,000 for a contribution received from the Minnesota Board of  
Firefighter Training and Education (MBFTE) to pay for training and equipment  
for the Minnesota Aviation Rescue Team (MART) and helicopter training with  
the Minnesota State Patrol.  
Councilmember Tolbert moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Compassionate Action for Animals for a sound  
level variance in order to present live amplified sound on September 17, 2023  
at 300 Dr Justus Ohage Boulevard - Harriet Island Regional Park.  
48  
Councilmember Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the applications of the Minnesota United FC for sound level  
variance applications in order to present amplified sound on Tuesday,  
September 12, Saturdays, September 16, 23, 30 and October 7, 2023, within  
the Street and the Beer Garden Area at Allianz Field - 400 Snelling Avenue  
North.  
49  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of University of St. Thomas, for a sound level  
variance in order to present live amplified sound on September 23, October 7,  
28, and November 18, 2023 at 2115 Summit Avenue - O’Shaughnessy  
Stadium.  
50  
Councilmember Jalali moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Lumen Christi Catholic Community for a sound  
level variance in order to present amplified sound on September 9, 2023 at  
51  
1668 Montreal Avenue - Urban Academy Charter School baseball fields.  
Councilmember Tolbert moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of The Leukemia & Lymphoma Society Inc. for a  
sound level variance in order to present live amplified sound on September  
21, 2023 at 200 Dr Justus Ohage Blvd. - Harriet Island Regional Park.  
52  
Councilmember Noecker moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of University of St. Thomas, Cretin Derham Hall  
game series for a sound level variance in order to present live amplified sound  
on Fridays September 8, September 22, October 6, and Wednesday, October  
18, 2023 at 2115 Summit Avenue - O’Shaughnessy Stadium.  
53  
Councilmember Jalali moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Veit & Company - Logan Carlson for a sound level  
variance in order to present amplified sound beginning as soon as possible  
and ending November 30, 2023 at Minnesota Street from Kellogg Boulevard  
East to Sixth Street.  
54  
Councilmember Noecker moved approval.  
Adopted as amended  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of Selby Avenue Jazz Fest/R. Mychael Wright for a  
sound level variance in order to present live amplified sound on September 9,  
2023 at 934 Selby Avenue.  
55  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Approving the application of American Foundation for Suicide Prevention for a  
sound level variance in order to present amplified sound on September 17,  
2023 at 1199 Midway Parkway - Como Midway Picnic Pavilion.  
56  
Councilmember Jalali moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Amending the City’s 2023 Operating Budget to reflect the use of fund equity of  
up to $600,000 to finance the CHA Building Automation System Project.  
57  
Councilmember Yang moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Amending the HOME 2023 general ledger budget by $438,017.14 to reflect the  
receipt of additional prior year HOME Program Income and amending the  
budget by $632,639.14.  
58  
Councilmember Balenger moved approval.  
Adopted  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
Authorizing the City on behalf of the Police Department, to accept, and amend  
the Special Fund for, $149,635.10 in funds from the Minnesota Department of  
Public Safety for the 2024 NHTSA: DWI/Traffic Safety Officer grant program.  
(Public hearing closed, laid over from September 13, 2023)  
59  
Councilmember Jalali moved approval.  
Public hearing closed and laid over to September 13, 2023  
7 -  
0
Yea:  
Nay:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
Authorizing the City on behalf of the Police Department to accept, and amend  
the Special Fund for, $309,000 in funds from awarded from the Minnesota  
Department of Commerce, Auto Theft Prevention Grants Program (Dedicated  
Investigator). (Public hearing closed, laid over from September 13, 2023)  
60  
Councilmember Yang moved approval.  
Public hearing closed and laid over to September 13, 2023  
7 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember  
Yang and Councilmember Balenger  
0
Nay:  
LEGISLATIVE HEARING DISCUSSION ITEM  
Ordering the rehabilitation or razing and removal of the structures at 621  
61  
BIDWELL STREET within one-hundred eighty (180) days after the September  
6, 2023, City Council Public Hearing. (Amended to grant 90 days)  
Laid over for two weeks to September 20.  
(Due to staff error, this item was mistakenly laid over one week instead of two. It will  
be laid over again on September 13 to accommodate the full two-week layover to  
September 20.)  
Also in attendance:  
Helen Wells O'Brien, 622 Bidwell St  
Ann Pineles, 133 Baker St W  
James Burnham, 628 Bidwell St  
John O'Brien, 622 Bidwell St  
Christina Locke, 628 Bidwell St  
Marcia Moermond, Legislative Hearing Officer: This is an order to remove or repair a  
building that is a nuisance structure with significant code violations and police actions.  
Problem properties like this tend to begin with issues within the property itself and then  
create issues for neighbors nearby. The owner purchased the property in 2016, and  
through mid-2020 it was a very average property. I noticed that the time period there  
ends when the pandemic started. Beginning then, we see lots of police calls,  
disturbances, auto-related problems, and proactive visits where the neighbor requests  
police involvement. Code Enforcement is also involved with things like the vehicles, tall  
grass and weeds, and animals. This goes through mid-2020 through October of 2022,  
when a fire was intentionally set in the under-garage of the property. The fire damaged  
the back of the house and destroyed the car that was there. This was 5 months into  
the redemption time period. They had stopped paying the mortgage, the water bill had  
gone unpaid for a long time, along with garbage bills and other things. These are  
symptoms of things being out of control. Other indicators of this are drug calls,  
overdoses, and a death. All of that bleeds into the neighborhood. The City has rolled  
out the strongest tool it has to force the resolution of this problem: knock it down or fix  
it. What is noticeable to me is the speed with which the City acted on it. With the fire  
happening in October 2022, the very earliest the City could use Community Block  
Grant dollars to knock down the building (if the City ends up being the one to knock it  
down) would be October of 2023. You could not be acting in a more timely fashion to  
be addressing this at the Council level. What that tells me is that the Department of  
Safety and Inspections (DSI) is getting this through as fast as they can.  
Simultaneously, the bank got a hold of the property after the mortgage went through.  
They ordered a code compliance inspection, posted a performance deposit, got the  
bids to do the rehabilitation work, and have the insurance money. They have a plan to  
rehabilitate the property by the end of the year with costs in the low $60,000 range.  
That is consistent with what the Fire Department estimated for property losses, but  
that isn't as high as what DSI thought. I think reviewing this with the vacant building  
inspector would make sure these numbers are sound, given that we are talking about  
the fire damaging the back of the building predominantly, and other damage moving  
forward not being as severe. You can tell from photos that the back of the house was  
severely damaged. The front of the house looks better, where you're not seeing smoke  
damage or holes in the roof. Fires are very difficult for neighborhoods, as we saw just a  
couple weeks ago during another hearing. I take this very seriously. I do believe that  
the City needs to give the property owner a chance, since they have provided all of the  
standard things that we look for in a rehabilitation to save the value of the property. I  
am recommending granting 180 days to complete the rehabilitation, though the time  
estimate is less than that. I would also like to note that, based on the conversations  
during the Legislative Hearing and the documents, this neighborhood has a very strong  
social fabric and is resilient. Things like that help lead to recovery. I would also like to  
give a shout-out to Officer Shawn Filiowich, who has helped problem-solve this. The  
reason the personal stuff is important is because there were so many opportunities to  
address this before it got this far. The City tried to and couldn't, and the owner was  
unable or unwilling to do anything.  
Hellen Wells O'Brien: I have lived on the West Side since 1980, and was a rent until  
1995 when I helped to build the house I live across the street from the property. For  
almost 3 years, my neighbors and I documented incidents and reported dozens of  
emergency situations including a death, violent behavior like people brandishing  
improvised weapons, and a gun firing that nearly hit a friend getting out of her car.  
Babies and children were also in danger both within the house and in the surrounding  
neighborhood. There was also evidence of drug dealing and human trafficking. Racing  
vehicles came through continuously. Four months before the fire, the property went up  
at a Sheriff's auction and was purchased by Freedom Mortgage Company. They are a  
billion-dollar out of state company with no investment in our community. They did very  
little to secure the property and we have had to make numerous calls because people  
have been breaking in and occupying the property. It has felt for a long time that this  
problem owner and now the bank are more protected than we are as neighbors. I  
appreciate Moermond's words about our resiliency, but there is a limit to that. It is not  
fair to put that on us for what will be 4 years. While this happened during covid, we  
have also lost people while dealing with this. I appreciate everyone who helped us, but  
there is something wrong that allows this injustice.  
Ann Pineles: I live next door to the property. Our garage is 38 inches from the one that  
burned. I want this property razed. It is small and abuts our property, and I am  
concerned about how they will do rehab while respecting our space. They would need  
to ask permission to come onto our property, because the former owner allowed us to  
put a fence in, and they would have to come onto our property to do any work. There is  
more work that needs to be done than originally noted, but I really feel like there is a  
lack of respect from the mortgage company. A dumpster has been placed in the  
driveway and a couple weeks ago a contractor took a board off a burned window and  
started throwing things from the upper level into the dumpster. As a result, fiberglass  
siding and burned debris ended up outside the dumpster. There are also elm trees on  
this property next to our driveway that obstructs visibility when I'm backing out of the  
driveway. They have gotten bigger and bigger, and I asked a contractor if I could cut  
them down or if he could. He said he would check, but we have not heard anything. We  
don't have trust in these contractors.  
James Burnham: I live across the street. While most of the damage was done to the  
back of the house, that's the side that faces the street and we have to see out our  
front door. I'm concerned that market forces will not break the cycle of nuisance  
patterns. At the hearing in July, the City estimated it would cost $100,000 to renovate  
the house. The bank bought it for $161,000 at auction. If you add $100,000, or the  
bank's estimate of $60,000, it goes higher. But then sites like Zillow put estimates  
from $214,000 to $230,000. The bank's priority is to make a profit, and that is not  
necessarily best for 621 Bidwell. We don't know what the consequences might be for a  
potential home buyer, due to things like the fire and the drug use, and potential drug  
production. If you won't do the right thing and work with local partners on this property,  
then tear it down. It will continue to be in a cycle of nuisance if we just depend on the  
free market.  
John O'Brien: I live across the street. I understand this house is no longer up to code  
because it's too small, so a variance had to be allowed for this to move forward. If you  
tear the house down and build again, it's too small. I do not believe that this out of  
state bank has the interests of our neighborhood at heart, and we are tired of that. The  
City said we were lucky to get this done so quickly and that it happened so fast  
because of the fire. This should be torn down. Think of the neighbors when you are  
making your decision. A neighbor with contiguous property expressed interest in  
buying the lot if the house was torn down.  
Christina Locke: I live across the street. We don't have a problem with other  
abandoned houses in the neighborhood. They don't have the issues this one has had. I  
know it's no longer up to code and maybe a teardown would prevent a new house from  
being grandfathered in. I would like to have another wonderful neighbor, but I don't  
think that will happen. The activity picking up during the pandemic is when the  
neighbors started reporting it. There was activity before that and the previous owner  
was a problem as well. Our community would love to cover the cost of demolition. We  
would raise that money if need be. We have been dreaming of things like a garden or  
community space for that land. We all want to raze this property. It has been a huge  
headache. The beauty of the neighborhood has kept us there, but there have been  
times when we seriously considered moving because of this property.  
Councilmember Noecker moved to close the public hearing. Approved 7-0.  
Moermond: I am corrected in the orientation of the building. The grey boards are the  
ones the City contractor uses. Anything painted grey that's been boarded is something  
the City did. Regarding the auction, the mortgage in 2016 was for $124,000, and buying  
it at auction last year was for $161,000. What banks do in these cases is repurchase  
their own mortgages to mitigate the losses they experienced. It is in all likelihood the  
mortgager that repurchased their own mortgage so they don't lose the full amount. That  
doesn't make it a neighbor or an in-state bank, but it is more focused on  
loss-mitigation than profit-making. That is why 99% of banks participate in the  
Legislative Hearing process.  
Noecker: Thank you everyone for testifying. I appreciate everyone being here tonight. I  
believe this is the road to recovery, either by removing or repairing ideally gets rid of  
things as-is and replaces it with something new and a potential new neighbor. There  
are also limits to what the City can do. We can't control who buys a property, or where  
they are located. What we can do is hold whoever that is to our city standards. I  
haven't had a chance to discuss some of your concerns, and I would like some  
additional time. I moved to lay this over for two weeks until September 20.  
Moermond: The public hearing is closed, correct?  
Shari Moore, City Clerk: Yes.  
(Due to staff error, this item was mistakenly laid over one week instead of two. It will  
be laid over again on September 13 to accommodate the full two-week layover to  
September 20.)  
Public hearing closed and laid over to September 13, 2023  
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 Yang 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  
0
Nay:  
Making finding on the appealed substantial abatement ordered for 1508  
COMO AVENUE in Council File RLH RR 22-22.  
62  
63  
64  
Adopted  
Appeal of Chris Boylan to a Vacant Building Registration Renewal Notice at  
1508 COMO AVENUE.  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 917 FULLER  
AVENUE. (File No. J2309A, Assessment No. 238508) (Public hearing  
continued to September 6, 2023)  
Adopted as amended (assessment deleted)  
Ratifying the Appealed Special Tax Assessment for property at 916 HATCH  
AVENUE. (File No. J2304E, Assessment No. 238303) (Public hearing  
continued to September 6, 2023)  
65  
66  
67  
Adopted as amended (assessment deleted)  
Ratifying the Appealed Special Tax Assessment for property at 1664  
NEBRASKA AVENUE EAST. (File No. J2307A, Assessment No. 238506)  
(Public hearing continued to September 6, 2023)  
Adopted as amended (assessment reduced)  
Ordering the rehabilitation or razing and removal of the structures at 401  
ROSE AVENUE EAST within180 days after the September 6, 2023, City  
Council Public Hearing.  
Public hearing continued to September 13, 2023  
Appeal of Julin Moua to a Vacant Building Registration Requirement at 1139  
ROSS AVENUE.  
ADJOURNMENT  
68  
69  
70  
Adopted  
Appeal of William Nichols to a Vacant Building Registration Fee Warning  
Letter at 1752 SCHEFFER AVENUE.  
Adopted  
Appeal of Peter Ratsamy to a Vacant Building Registration Notice at 575  
UNIVERSITY AVENUE WEST.  
Adopted  
Meeting ended at 6:24 PM  
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