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 13, 2023  
ROLL CALL  
3:30 PM  
Council Chambers - 3rd Floor  
Meeting started at 3:30 PM  
6 -  
Present  
Councilmember Amy Brendmoen, Councilmember Chris Tolbert,  
Councilmember Rebecca Noecker, Councilmember Jane L. Prince,  
Councilmember Mitra Jalali and Councilmember Nelsie Yang  
1 - Councilmember Russel Balenger  
Absent  
COMMUNICATIONS & RECEIVE/FILE  
Letter from the Department of Safety and Inspections declaring 378 Sims  
Avenue a nuisance property. (For notification purposes only; public hearings  
will be scheduled at a later date if necessary.)  
1
2
3
Received and Filed  
Letter from the Department of Safety and Inspections declaring 1971 Nortonia  
Avenue a nuisance property. (For notification purposes only; public hearings  
will be scheduled at a later date if necessary.)  
Received and Filed  
Amending the 2023 spending budget in the Department of Public Works  
Electric Vehicle Maintenance. accounting unit.  
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 Items 4 and 11 would be taken separately.  
Councilmember Noecker moved approval.  
Consent Agenda adopted as amended  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Approving the City’s cost of providing Collection of Delinquent Garbage Bills  
for service during April to June 2023, and setting date of legislative hearing for  
October 5, 2023 and City Council public hearing for November 15, 2023 to  
consider and levy the assessments against individual properties. (File No.  
CG2303A1, Assessment No. 230111)  
5
Adopted  
Acknowledging receipt of District Energy St. Paul, Inc. notice of rate increase  
as of October 1, 2023, and directing the Office of Financial Services, the City  
Attorney’s Office, and Council Operations to review and analyze the rate  
changes.  
6
7
8
Adopted  
Authorizing the Police Department to enter into an agreement with Ramsey  
County to provide funding from a 2022 U.S. Department of Justice, Bureau of  
Justice Assistance (BJA), Edward Byrne Memorial Justice Assistance Grant  
(JAG).  
Adopted  
Approving the Memorandum of Agreement between the City and the  
International Association of Fire Fighters AFL-CIO Local 21 to amend the 2021  
- 2022 Collective Bargaining Agreement for the purpose of employing and  
retaining employees trained as paramedics and defining the retention period  
of licensure upon paramedic course completion.  
Laid over to September 20, 2023  
Approving adverse action against the Auto Body Repair/Painting Shop license  
held by Duqueiro Cano d/b/a Duke’s Cars & Towing (License ID  
#20120001127) for the premises located at 323 Maria Avenue.  
9
Adopted  
Authorizing the Fire Department to apply for the 2022 Hazardous Materials  
Emergency Preparedness (HMEP) grant in the amount of $81,250 from the  
State of Minnesota Department of Public Safety for training for firefighters.  
10  
12  
Adopted  
Appointing the firm of Iverson Reuvers, under the direction of Stephanie  
Angolkar as special counsel representing the City for appellate work in the  
matter of Kim Diane Handy Jones, as trustee for the next of kin of Cordale  
Handy. v. City of Saint Paul, et al.  
Adopted  
Changing the rate of pay for the classification of Public Works Field  
Superintendent (formerly Public Works Field Supervisor).  
13  
14  
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.  
Adopted  
FOR DISCUSSION  
Appointing Jay Willms as Chief Budget Officer for the City Council.  
Councilmember Tolbert moved approval.  
4
Shari Moore, City Clerk, swore-in Jay Willms as Chief Budget Officer.  
Willms gave remarks.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Authorizing the Office of Neighborhood Safety and the Police ASPIRE unit to  
jointly apply for future federal and state public safety enhancement grants to  
further their common mission and without needing individual preapproval from  
City Council of each individual grant application when the grant applied for  
does not have city grant obligations of providing matching funds, spending  
requirements, or hiring or retention requirements beyond grant funding  
periods. (Laid over from September 13, 2023) (To be withdrawn)  
11  
Councilmember Noecker gave remarks and moved to lay over for two weeks.  
Laid over to September 27, 2023  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Supplementing the general resolution (CF 88-835) relating to Sewer Revenue  
Bonds and providing for the issuance of Sewer Revenue Bonds, Series  
2023E (Green Bonds) and taking other required actions.  
15  
Neal Younghans, Debt Manager in the Office of Financial Services, gave a staff report.  
Council President Brendmoen moved approval of Version 2.  
Adopted as amended  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
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)  
16  
Councilmember Prince gave remarks and moved approval.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
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)  
17  
Councilmember Jalali moved to lay over for one week.  
Laid over to September 20, 2023  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
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)  
18  
Councilmember Jalali moved to lay over for one week.  
Laid over to September 20, 2023  
6 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
Nay:  
1 - Councilmember Balenger  
Absent:  
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.  
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.  
19  
Councilmember Tolbert gave remarks and moved Tolbert Amendment #2. Approved  
6-0.  
Councilmember Jalali gave remarks and moved Jalali Amendment #2.  
Councilmember Noecker spoke in support of Jalali Amendment #2.  
Councilmember Prince spoke against Jalali Amendment #2.  
Councilmember Yang spoke in support of Jalali Amendment #2.  
Jalali Amendment #2 approved 5-1, with Councilmember Prince voting against.  
Jalali gave remarks and moved Jalali Amendment #1.  
Councilmember Yang spoke in support of Jalali Amendment #1.  
Councilmember Noecker spoke against Jalali Amendment #1.  
Councilmember Prince spoke against Jalali Amendment #1.  
Councilmember Tolbert spoke against Jalali Amendment #1.  
Council President Brendmoen spoke against Jalali Amendment #1.  
Councilmember Jalali spoke in support of Jalali Amendment #1.  
Jalali Amendment #1 failed 2-4, with Councilmembers Noecker, Brendmoen, Tolbert,  
and Prince voting against.  
12 people spoke during the public hearing.  
Tolbert moved to close the public hearing.  
Amended, public hearing closed, and laid over to September 20, 2023 for Final  
Adoption  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
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.  
20  
Bill Dermody, City Planner, gave a staff report.  
5 people spoke during the public hearing.  
Councilmember Prince asked for clarification from Dermody. Dermody responded.  
Councilmember Yang moved to close the public hearing.  
Public hearing closed and laid over to September 20, 2023 for Final Adoption  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
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)  
21  
Councilmember Noecker moved to continue the public hearing for two weeks.  
Public hearing continued to September 27, 2023  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Ratifying the assessment for the Wabasha Street: Kellogg to Seventh Street  
paving and lighting project constructed as part of the 2022 St. Paul Street  
Paving Program (SPS). (File No. 19209, Assessment No. 225200) (Public  
hearing closed, laid over from September 13, 2023)  
22  
Howard Rostund, Attorney representing the 3 clients being assessed, spoke during the  
public hearing.  
Councilmember Noecker moved to close the public hearing and lay over for one week.  
Public hearing closed and laid over to September 20, 2023  
6 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
Nay:  
1 - Councilmember Balenger  
Absent:  
Approving the final (combined) plat at 1477 Eleanor Avenue.  
23  
Councilmember Tolbert moved approval.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Approving the application of Capitol Region Watershed District, Lindsay  
Schwantes, Community Engagement Program Manager for a sound level  
variance in order to present amplified sound on September 22, 2023 at 595  
Aldine St - Capitol Region Watershed District west parking lot.  
24  
Councilmember Jalali moved approval.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Approving the application of Nativity of Our Lord Catholic Church for a sound  
level variance in order to present amplified sound on September 15 - 17, 2023  
at 1900 Stanford Ave - Nativity of Our Lord Catholic Church.  
25  
Peter Wanning, applicant, spoke during the public hearing.  
Jonathan Hahn, neighbor, spoke during the public hearing.  
Councilmember Tolbert moved approval.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Approving the application of Trey Wodele, Eureka Recyling, for a sound level  
26  
variance in order to present amplified sound on September 17, 2023 at 1600  
Phalen Dr - Phalen Park Picnic Pavilion.  
Councilmember Yang moved approval.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Approving the application of West Side Community Organization (WSCO) for  
a sound level variance in order to present amplified sound on September 24,  
2023 at Union Depot - 214 4th St E.  
27  
Councilmember Noecker moved approval.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Authorizing the City on behalf of the Police Department to accept, and amend  
the Special Fund for, $761,787.05 in funds awarded from the Minnesota  
Department of Commerce, Auto Theft Prevention Grants Program (General).  
(Public hearing closed, laid over from September 13, 2023)  
28  
Councilmember Yang moved to close the public hearing and lay over for one week.  
Public hearing closed and laid over to September 20, 2023  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Authorizing the application and acceptance of a grant from the State of  
Minnesota for the renovation of the Playwrights’ Center; amending the 2023  
City budget in the amount of $4,000,000; providing for the use of Project Labor  
Agreements in accordance with policy; and approving and authorizing  
execution of a State Grant Agreement (District 12, Ward 4).  
29  
Robert Chelimsky, Managing Director of the Playwrights' Center, spoke during the  
public hearing.  
Councilmember Jalali spoke in support and moved approval.  
Adopted  
6 -  
0
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
Nay:  
1 - Councilmember Balenger  
Absent:  
Accepting grant funds, authorizing execution of two grant agreements with  
indemnity obligations, and amending the operating budget for the City's  
sponsorship of a Metropolitan Council Livable Communities Act  
Pre-Development Grant, and a Metropolitan Council Livable Communities Act  
Contamination Cleanup/Site Investigation Seeding Equitable Environmental  
Development (SEED) Grant for the Hamm’s Brewery site located at 680 &  
694 Minnehaha Avenue East (District 4, Ward 7).  
30  
Councilmember Prince moved approval.  
Adopted  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
LEGISLATIVE HEARING DISCUSSION ITEMS  
Ordering the rehabilitation or razing and removal of the structures at 621  
31  
BIDWELL STREET within one-hundred eighty (180) days after the September  
6, 2023, City Council Public Hearing. (Amended to grant 90 days)  
Councilmember Noecker: I move to lay this over for one week.  
Laid over to September 20, 2023  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Ratifying the Appealed Special Tax Assessment for property at 399 BLAIR  
AVENUE. (File No. J2307E3, Assessment No. 238322)  
33  
Assessment ratified and made payable over two years.  
Also in attendance: Nyar Pwo, appellant  
Marcia Moermond, Legislative Hearing Officer: Items 33 through 36 could be read as  
one. I will give you the different dates affected at each of them. They are identical  
except for the dates.  
Council President Brendmoen: These are all tax assessments on the same property.  
Moermond has requested to present them as one item. We'll have to vote on them  
separately though.  
Moermond: The first four items are all excessive consumption tax assessments related  
to a correction order that was issued by the city on October 12th of 2022. The  
correction order for this property indicated that all vehicles on the property must have  
current license tabs, be registered to the property, be fully operational, cannot be  
missing vital parts, cannot be open to entry, be parked on an approved surface, and  
indicating he needs to bring all the vehicles into compliance.It also indicates that  
minor vehicle maintenance may be done on your own personal vehicles, but auto repair  
and auto body work are not allowed. All commercial vehicles need to be removed from  
the property. This is at least round two for this particular property owner and property.  
These are orders from 2022. There was a round of orders and excessive consumption  
assessments also from 2018, and for the same items exactly. For this order in front of  
you for October 12, the city inspectors followed up to see if there was compliance:  
November 10, November 28, January 6, January 24, and February 6. They found that  
there was no compliance on those dates and so the excessive consumption  
assessments that you are looking at were charged related to those inspections. The  
other assessment that's in front of you, which I would ask is read in separately, is  
related to garbage hauling. I can show you a couple of pictures here. During the  
Legislative Hearing, the owner indicated that he wasn't doing car repair at the house,  
but he did have friends who would bring vehicles to the property. He said that if he  
wanted to do repairs, he would bring them to the shop to do the repairs. He wouldn't be  
doing them at the home. However, it did appear to inspectors that these vehicles  
weren't licensed to the property, and at the very least that was problematic. The  
appellant also indicated in the hearing that he came to hear the city's opinions and  
suggestions on how he could stop getting letters from the city, and we talked about  
what compliance would look like. Although there is the need for orders to be translated  
or interpreted, this is round two and there were multiple conversations with inspectors  
about compliance during this particular round.  
Brendmoen: By "round" you mean?  
Moermond: Round one was from 2018 and round two began in 2022. When I look at  
the current situation, I know that the owner is familiar with receiving orders related to  
vehicles, is familiar with what the enforcement actions are, and understands what the  
implications are for noncompliance. What happened in 2018 has happened again. I am  
less sympathetic in reviewing this case and developing a recommendation for your  
consideration. Therefore when looking at these excessive consumption assessments,  
I'm recommending approval of all of them, but that they may be made payable over 2  
years, as the owner indicates that this would be much more financially helpful.  
Brendmoen: The final amount is?  
Moermond: $760 for the excessive consumption assessments. $380 would be added  
to property taxes for the years 2024 and 2025.  
Brendmoen: Which of these is the garbage assessment?  
Moermond: The last one, for this address, Item 37. That is related to garbage hauling  
and I can give you a report on that as well. That was an unpaid garbage bill. There was  
an attempt at payment, there was insufficient funds, so there is a charge tacked on to  
the regular garbage hauling bill for that. Again, that was a plea that there was not  
enough money to be able to pay this and manage other bills. In the case of garbage  
hauling assessments, I have no ability to recommend that these be made payable  
over multiple years or have another considerations, and there is no assistance program  
to cover this type of assessment, so I can only recommend approval.  
Nyar Pwo (through a translator): For the garbage payments I did pay for every month,  
but I am not sure where the payments went. For the cars, I thought that after I bought  
this property, I became the owner, and am able to park any cars that I bought. The  
Department of Motor Vehicles (DMV) confirmed with me that I can have many cars as  
much as I want. I am aware of all the complaints that were sent it to me, and also I am  
only the only person working in the house. I need more time due to the snow, the  
weather, and also the conflicts outside of my house like gun shootings. I am so sorry  
that this causing a lot of trouble.  
Brendmoen: I did have one question. I had an opportunity to speak with  
Councilmember Balenger, so I know where his head's at on this one. Moermond  
mentioned there's a shop. Is there a mechanic shop that the cars could be repaired at,  
as opposed to having cars parked at the home?  
Pwo: There is no shop at my house. All the cars go to the car shop to be worked on.  
Brendmoen: So there's another place of business.  
Pwo: Yes.  
Brendmoen: It occurs to me that there are resources for businesses like yours. I want  
to make sure that Ward 1 connects you with those resources.  
Pwo: Thank you for the opportunity to speak.  
Brendmoen: Thank you. I will make sure Ward 1 reaches out to you to connect you  
with resources. I moved to close the public hearing. (Approved 6-0) I did have an  
opportunity to check in with Balenger, and the request here is to move forward with the  
recommendation of the Legislative Hearing Officer, with a commitment to working with  
the community member on how to move the work to the proper location.  
Councilmember Noecker: I support that motion. I just hope that we can also convey to  
Balenger that there appeared to be some confusion as to what property rights do and  
don't entail. I think it's just important to make sure that there's common understanding  
of that.  
Brendmoen: I appreciate that, to make sure that it doesn't recur.  
Councilmember Prince: What is the dollar amount again?  
Brendmoen: The four excessive consumption assessments are $760 split over 2  
years. I move the recommendation of the Legislative Hearing Officer.  
Adopted as amended (assessment ratified and made payable over two years)  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Ratifying the Appealed Special Tax Assessment for property at 399 BLAIR  
AVENUE. (File No. J2308E1, Assessment No. 238323)  
34  
Assessment ratified and made payable over two years.  
(See Item 33 on 10/4 Council meeting, RLH TA 23-181, for summary minutes)  
Council President Brendmoen moved approval.  
Adopted as amended (assessment ratified and made payable over two years)  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Amending the previously ratified assessment to ratify the assessment for  
Excessive Use of Inspection or Abatement services billed during December  
23, 2022 to January 19, 2023 at 399 BLAIR AVENUE. (File No. J2309E,  
Assessment No. 238311)  
35  
Assessment ratified and made payable over two years.  
(See Item 33 on 10/4 Council meeting, RLH TA 23-181, for summary minutes)  
Council President Brendmoen moved approval.  
Adopted (assessment ratified and made payable over two years)  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Ratifying the Appealed Special Tax Assessment for property at 399 BLAIR  
AVENUE. (File No. J2310E, Assessment No. 238315)  
36  
Assessment ratified and made payable over two years.  
(See Item 33 on 10/4 Council meeting, RLH TA 23-181, for summary minutes)  
Council President Brendmoen moved approval.  
Adopted (assessment ratified and made payable over two years)  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Ratifying the Appealed Special Tax Assessment for property at 399 BLAIR  
AVENUE. (File No. CG2302A2-1, Assessment No. 230112) (Public hearing  
closed, laid over from September 13, 2023)  
37  
Laid over for one week.  
(See Item 33 on 10/4 Council meeting, RLH TA 23-181, for additional summary  
minutes)  
Council President Brendmoen: I move to close the public hearing and lay this over for  
one week. I didn't get a chance to discuss this with Councilmember Balenger and  
would prefer he be able to look at it before we vote.  
Councilmember Prince: Did we have testimony on this?  
Brendmoen: Yes. He said he paid it and wasn't sure where the money went, so there's  
an opportunity to look into that as well.  
Councilmember Yang: Was there an extra charge for the bill that didn't get paid? I see  
here the property owner attempted to pay $208.52, and now the cost of the  
assessment $272.81. What caused that?  
Marcia Moermond, Legislative Hearing Officer: I'm assuming it's a typographical error in  
the tax assessment worksheet that was prepared by Public Works. When I look at the  
tax assessment lookup page, the amount for the delinquent garbage bill for January  
through March is $272.81. That's the official amount.  
Brendmoen: Even more reason to lay this over, to verify the numbers.  
Public hearing closed and laid over to September 20, 2023  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Ordering the rehabilitation or razing and removal of the structures at 901  
FULLER AVENUE within fifteen (15) days after the March 22, 2023, City  
Council Public Hearing. (Amend to remove only)  
43  
Removal ordered within 15 days.  
Also in attendance: Jessica Zeletes, attorney with Towd Point Mortgage Trust  
Marcia Moermond, Legislative Hearing Officer: This is the 4th time that this has been  
in front of you as a public hearing. I have conducted 9 legislative hearings on this  
matter since originally opening up the file in February. What we're looking at here is a  
really unfortunate situation. Over the last six months we have not had an owner or  
responsible party come forward to post a performance deposit or get a code  
compliance inspection report. We have had two different lawyers participate in the  
process, one representing Select Portfolio Servicing and the other representing Towd  
Point Mortgage Trust, who is here today, Jessica Zeletes. We have not gotten any  
foreclosure filed with the court system. We've been tracking on that. We heard  
originally from Attorney Greenfield that it was being filed, and understand that there  
was a filing in July, and there was a clerical error. I did ask staff from the Department  
of Planning and Economic Development (PED) to check the day before my last  
Legislative Hearing on August 21st. The records were reviewed to see if any  
foreclosure action at all had been filed as of that time, and our staff found nothing.  
This is important because there are two things that can happen. One, we could get  
somebody with an actual clear title to the property who could take action to fix it, and if  
it's expedited, it can happen more quickly. The court could also confirm the right of the  
financial institution or any lien holder to be able to access the property. Almost all  
mortgages contain a provision that when you have conditions like this, that's a breach  
of the mortgage and you can get in there and take a look at it. We haven't had eyes  
inside the property. This property did experience a fire, so there's smoke and water  
damage. It hasn't had utilities on. It has had 18 summary abatement orders since it  
went into the vacant building program two years ago. As you know, I'm always  
concerned with fire damaged structures lingering in neighborhoods and damaging the  
social fabric. I do have on screen here a photograph of the front of the house. This is a  
substantial structure and that is the main reason that I have been lingering with this  
file, really hoping to get some traction with it. If this could be saved, that would be  
really great. I'm hearing first from Greenfield that from the mortgage, they're owed  
$200,000. Later, It looks like it's $100,00 approximately. The family has not been  
showing up in any of this. We have Joseph and Toria Ray as the owners, and there  
was an ownership and encumbrance report. All the different parties were identified.  
They are deceased. The building was posted. Everyone who shows up on that report  
was notified. Zeletes later identified that there was a representative of the estate.  
Those parties, both the attorney and the personal representative, received certified  
mail from my office and signed for it. It indicated the actions that were going on here,  
and that they were invited to participate in them, and we have had no contact, in spite  
of the fact that they signed for those letters and we know they have that information. I  
can only look at this and think that it is one of those situations where the calculus  
works out that it is not worth spending the time and energy to do the fix, because more  
is owed that what you'll get out of it at the end of the day. That's what it looks like on  
the surface, that the families made that decision and the bank has made that decision  
in its slow motion. There was talk about, "Why not post the performance deposit of  
$5000?" There was concern, originally and ongoing, from the financial institution that it  
would not be returned. Every single performance deposit the city has ever accepted,  
when the work has been completed, it has been returned. I have an amendment in the  
resolution in front of you that actually restates that policy explicitly in the resolution.  
We do not have an inspection report. There was an ask, " Why doesn't the City use its  
police powers to access the property and do an inspection?" We don't do that. The  
owner would need to apply. This is not an emergency. There's not a fire going on in  
there. There's not somebody who's broken into the building. We would reserve using  
that kind of power for those kinds of situations. It is at an impasse, and without those  
two things I can't recommend that you continue to treat this property differently than  
other properties, in spite of the attributes that it could potentially have for the  
neighborhood. As it sits, it's a large fire damaged structure with no plan and no clear  
owner taking responsibility. My recommendation is removal within 15 days, and I do  
that regretfully. If there were motion, I would say, yeah, I want to continue working on  
the file, but I don't see that and I haven't seen that for six months. It's been vacant for  
over 2 years. The fire occurred in October of 2021.  
Council President Brendmoen: I appreciate the acknowledgement that the building is  
an individual entity, but when there's this kind of fire damage and garbage and  
languishing property, it has an impact on the social fabric around it and the value of  
properties. We're always looking at the balancing that we want to get these projects  
done and that some neighbor is living next to a burned out house for two years. That's  
a challenge. So, your recommendation is removal of the structure within 15 days.  
Moermond: Regretfully so.  
Brendmoen: I will just say for the record that this is a very uncommon request from the  
Legislative Hearing Officer and it does sound like you've really turned over all  
opportunities for success here. I have had an opportunity to talk with Ward 1 about  
this item.  
Jessica Zeletes: Demolition is not appropriate at this time. There are legal, factual,  
and policy concerns at play here. Towd Point Mortgage is not the owner. The interest is  
the lien of the mortgage. They have been actively trying to protect this home. The  
taxes have been paid. Insurance has been kept up to date. The homeowners are  
deceased. They were longtime residents of Saint Paul and public servants. After their  
deaths, there was a fire in the home. I went to the property just a few weeks ago and it  
doesn't look like this (a photo shown earlier). I would have noticed that. I didn't see  
trash on the front. Towd Point put a lock box on the back of the property to secure it.  
The damage is generally limited to the inside of the home. It's difficult to see, and I  
have no evidence of complaints from neighbors or of any criminal activity. The building  
is secure and it is in pretty good shape, curb appeal wise. The foreclosure still is in  
process. The borrower is in Florida, which, in Florida everything takes forever. But, it  
has been in process. This is not something we want to drag on either. Towd Point is  
losing money on this house, but we do have a motivated buyer who knows the  
deceased homeowners and has been in contact with the actual homeowner. He texted  
me today, saying he wasn't going to be able to make it here because he owns a lot of  
other properties that he rehabilitates in that area. We are facilitating a purchase  
between the two parties. The committee's concern has always been the $5000 deposit,  
the code inspection, and the lock box. The buyer stated he would put down the deposit  
if he was asked. Towd Point did not because we are not the owners. We are not in  
possession of it, and we never received anything in writing that it would be refundable  
just because somebody says it.  
Brendmoen: If you're not the owner, what are you doing?  
Zeletes: Protecting the home.  
Councilmember Tolbert: Who's responsible for the property?  
Zeletes: Right now, it is in a legal limbo. We are working with the City Attorney's office  
now and technically the homeowners would be the heirs of the Rays. We're trying to  
work with them, the estate, which I did find the public records of a few months ago,  
that the committee had not found before, and found their personal representative. It  
has been abandoned. The mortgage company is trying to protect this house. We're  
trying to facilitate a short sale or something to get this motivated buyer..  
Brendmoen: You said you were losing money on this, but you don't own it? How?  
Zeletes: We're maintaining the property taxes and the insurance on it. We haven't been  
paid either. So for the mortgage, the foreclosure is in process. We did put a lock box  
on it. The committee has refused to use its administrative policing powers to do the  
inspection. We will not do that because we're not the owners. We can't allow third  
parties into it because we don't have ownership interest in the home. I know we're in a  
legal limbo, but we are now working with the City Attorneys Office, so hopefully we are  
going to be able to get some things moving.  
Brendmoen: Who in the City Attorney's Office are you working with? This is highly  
unusual.  
Zeletes: Rachel Julie.  
Brendmoen: Okay.  
Tolbert: If you don't own it, do you have a right to enter?  
Zeletes: At this time, we do not. We have entered it, and done our own inspection,  
then locked it up. If the City wanted to go in and enter it with their police powers,  
there's nothing that we could do about that. But we also can't permit legally, without a  
court order, to allow someone else to come into the property, because we don't own it.  
Tolbert: But do you have the legal right to enter?  
Zeletes: Under the terms of the mortgage, after it was burned and abandoned, yes, to  
see how much money would still be owed.  
Brendmoen: Two years ago.  
Zeletes: Yes.  
Brendmoen: So two years later and we're letting ourselves in, talking to someone who  
may or may not exist.  
Zeletes: No. This isn't recent. Two years ago is when the fire happened and then our  
inspection. I have taken over as local counsel. I know Moermond has been frustrated  
with the mortgage company's attorney, who has been in Florida as well. I have been  
attending every single committee hearing and moving things along, facilitating talking  
to this motivated buyer.  
Brendmoen: You are out of time, so thank you very much for your testimony. I move to  
close the public hearing (approved 6-0). Moermond, is there anything we are missing  
here?  
Moermond: I do know that according to Greenfield Law, the loan defaulted in November  
of 2021, and so that's a very long period of time for foreclosure action not to have been  
initiated. I do know that we have provided notice to the attorney representing the  
estate, Bill Blonigan. He signed for that notice. Also, Monica Wondrich, who is the  
family member. We did have attending Legislative Hearing a friend of the son, who's  
also named Joseph like the father. There are several siblings as well. He was curious  
about acquiring the property to do a rehab, and was hesitant to share his name or to  
testify at that time. He attended a couple of hearings. That's the only person I'm aware  
of. I don't know if that is who Towd Mortgage is talking to. I do know that under  
Chapter 33 of the Legislative Code that the property cannot transfer until the nuisance  
condition is abated, and so they might be able to enter into a contract, with the City  
Council's approval, where the title of the property would not transfer until the nuisance  
is abated. The mortgage company could hire someone to do that work and they would  
get the title after work is completed. The Council has reviewed and approved those  
kinds of things in the past. I am completely unaware of any communication with the  
City Attorney's Office. It has not been brought to my attention. It is not in the  
Legislative Hearing record that's in front of you today. If there is that additional  
information, I am not aware of it so I can't really comment on that. I haven't heard of  
this particular attorney.  
Brendmoen: Neither have we. I did talk to Mr. Balenger. As we've said before it does  
sound like this has been dragging on. There's a lot of ambiguity and confusion, some  
strange information, and weird entrances into the property. I will make the  
recommendation to approve the recommendation of the Legislative Hearing Officer.  
This doesn't mean it's over, but it means something really intense needs to happen in  
the next 15 days in order to keep this structure up. I would make that recommendation  
because it seems like this particular property needs urgency  
Adopted as amended (remove within 15 days)  
6 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince, Councilmember Jalali and  
Councilmember Yang  
0
Nay:  
1 - Councilmember Balenger  
Absent:  
Ratifying the assessments for Excessive Use of Inspection or Abatement  
services billed during January 20 to February 17, 2023. (File No. J2310E,  
Assessment No. 238315)  
66  
1549 Dale St N removed and referred back to Legislative Hearings on September 19.  
Remainder of assessments adopted.  
Also in attendance:  
Ryan Quincy, 1549 Dale St N  
Emily Kurtz, 1549 Dale St N  
Marcia Moermond, Legislative Hearing Officer: This is an assessment roll. It contains  
a wide variety of addresses. Some addresses have been pulled out for separate  
consideration. In this case, it was not appealed. Mai Vang, who coordinates Legislative  
Hearings, let me know today that she heard there was interest in appealing the  
assessment for 1549 Dale St N. The recommendation in front of you is to pull that one  
off this roll for separate consideration in Legislative Hearings on September 19, and  
then have it brought back before you on October 4. That is the address these two  
people are here to speak to. I don't have a staff report on the details. I will develop that  
if you refer it back for a hearing. The Council can act on it now or refer it back.  
Council President Brendmoen: I saw you two walk in later. We usually have the  
assessment roll person sit out front at the beginning part of the meeting. You are both  
welcome to testify today, but it is going to go back to the Hearing Officer to collect  
more information, so you will get an opportunity to testify there. We are operating here  
with no documentation from staff.  
Moermond: These people have been waiting a long time. I want to add that we conduct  
these assessment hearings by phone, so it wouldn't be necessary to come in and wait.  
The wait today would not happen for Legislative Hearing.  
Ryan Quincy: Sorry for coming earlier than we needed to. All of this was based on the  
notice of a failure to clear a pathway after a January storm at the start of the year. The  
City took a long time to get things done. Our side roads took a long time to become  
navigable. It seems like inspections just tried to fine us and take advantage of the  
collective hardship of the City. It feels like the guidelines are stricter than they need to  
be and not very transparent. We got the notice, cleared our sidewalk, and got nothing  
for a month and a half thinking it was fine. We then got this excessive use charge,  
which made no sense. Going out and fining people for not having walkways clear after  
a record-setting storm is distasteful and we did not appreciate that.  
Brendmoen: We don't go out looking for that. They are reported by community  
members. It is a reactive system. People in wheelchairs appreciate the ability to get  
through. We do realize last winter was a struggle. The Legislative Hearing process will  
give you an opportunity to look at pictures and see if there was a mistake. Sometimes  
we can make a recommendation to reduce a charge, but that would happen there via  
call-in.  
Quincy: Are the properties on the roll ones that have filed a complaint or ones that  
received that assessment? We have a neighbor who got the same citation we did that I  
don't see here.  
Brendmoen: I can't answer that. That's what the Legislative Hearing is for.  
Emily Kurtz: Can I also speak?  
Brendmoen: Is this on the same topic?  
Kurtz: Yes.  
Brendmoen: Okay.  
Kurtz: I just have a picture...  
Brendmoen: This really isn't appropriate. The Legislative Hearing is where you can look  
at pictures and the ones that the Parks Department has put together, and they can be  
compared there. Looking at them now is out-of-context.  
Kurtz: I understand that. This hasn't been very transparent and is pretty confusing, as  
this isn't my full-time job. I just wanted to raise the context here. There were sidewalks  
that the City did not plow. If the concern is safety, I don't know how a wheelchair is  
supposed to get past one property to our cleared out property. I would support the City  
taking care of this and raising my taxes. I'm more interested in systemic change than  
in getting our thing pulled back, which is why we came here and didn't do the  
Legislative Hearing. We didn't understand which places were appropriate for everything,  
and we learned that.  
Brendmoen: I'm going to cut you off though. I think I am your councilmember.  
Kurtz: You are.  
Brendmoen: I'm happy to work with you and talk with you about changes to the overall  
program.  
Kurtz: I called your staffer before and have emails. I'm glad I came here and got more  
attention.  
Moermond: My recommendation is still to send this address back to Legislative  
Hearing to develop a complete record, and adopt the rest.  
Brendmoen: I will move that recommendation.  
Adopted as amended (1549 Dale St N referred to September 19, 2023  
Legislative hearing, with City Council public hearing to be scheduled for  
October 4, 2023)  
5 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince and Councilmember Jalali  
0
Nay:  
2 - Councilmember Yang and Councilmember Balenger  
Absent:  
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  
5 -  
Yea:  
Councilmember Brendmoen, Councilmember Tolbert, Councilmember  
Noecker, Councilmember Prince and Councilmember Jalali  
0
Nay:  
2 - Councilmember Yang and Councilmember Balenger  
Absent:  
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. (Amend to grant 180 days)  
32  
Adopted as amended (granted 180 days)  
Ratifying the Appealed Special Tax Assessment for property at 967 BURNS  
AVENUE. (File No. CRT2309, Assessment No. 238208)  
38  
39  
Adopted  
Ordering the rehabilitation or razing and removal of the structures at 326  
CHARLES AVENUE within fifteen (15) days after the August 16, 2023, City  
Council Public Hearing. (Continue Public Hearing to September 13, 2023)  
Adopted as amended (remove only)  
First Making finding on the appealed substantial abatement ordered for 1501  
CLARENCE STREET in Council File RLH RR 22-57.  
40  
41  
42  
44  
Adopted as amended (nuisance abated)  
Deleting the Appealed Special Tax Assessment for property at 698 DESOTO  
STREET. (File No. VB2310 Assessment No. 238113)  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 1762  
ENGLEWOOD AVENUE. (File No. VB2310, Assessment No. 238813)  
Adopted  
Appeal of Carolyn Brown, Community Stabilization Project, and Shai  
Leibovich to a Revocation of Fire Certificate of Occupancy and Order to  
Vacate at 852 JACKSON STREET.  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 863 JUNO  
AVENUE. (File No. J2310E, Assessment No. 238315)  
45  
46  
47  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 340 LAWSON  
AVENUE EAST. (File No. J2310E, Assessment No. 238315)  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 2255  
MARGARET STREET. (File No. J2310E, Assessment No. 238315)  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 817  
MARSHALL AVENUE. (File No. J2310E, Assessment No. 238315)  
48  
49  
Adopted  
Appeal of Gary Blair to a Correction Notice at 1121 MINNEHAHA AVENUE  
EAST.  
Adopted  
Deleting the Appealed Special Tax Assessment for property at 1171  
MINNEHAHA AVENUE EAST. (File No. J2310E, Assessment No. 238315)  
50  
51  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 1348  
MINNEHAHA AVENUE EAST. (File No. J2310E, Assessment No. 238315)  
(Public hearing continued to October 4, 2023)  
Public hearing continued to October 4, 2023  
Deleting the Appealed Special Tax Assessment for property at 1694  
MINNEHAHA AVENUE EAST. (File No. J2310E, Assessment No. 238315)  
52  
53  
Adopted  
Fourth Making finding on the appealed substantial abatement ordered for 595  
PARK STREET in Council File RLH RR 23-12.  
$2,000 of $10,000 performance deposit forfeited and public hearing continued  
to September 20, 2023  
Appeal of David Wilson to a Tall Grass and/or Weeds Abatement Order at  
820 RANDOLPH AVENUE.  
54  
55  
Adopted  
Ordering the rehabilitation or razing and removal of the structures at 1356  
REANEY AVENUE within fifteen (15) days after the August 16, 2023, City  
Council Public Hearing.  
Adopted as amended (granted 180 days)  
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.  
56  
57  
Adopted as amended (granted 180 days)  
Ratifying the Appealed Special Tax Assessment for property at 1062  
SEVENTH STREET WEST. (File No. J2310E, Assessment No. 238315)  
Adopted  
First Making finding on the appealed substantial abatement ordered for 342  
THOMAS AVENUE in Council File RLH RR 22-54. (To refer back to  
September 26, 2023 Legislative Hearing)  
58  
Referred to September 26, 2023 Legislative Hearing  
Deleting the Appealed Special Tax Assessment for property at 344  
UNIVERSITY AVENUE WEST. (File No. J2310E, Assessment No. 238315)  
59  
60  
61  
62  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 865  
UNIVERSITY AVENUE WEST. (File No. J2310E, Assessment No. 238315)  
Adopted  
Ratifying the Appealed Special Tax Assessment for property at 2417  
UNIVERSITY AVENUE WEST. (File No. J2310E, Assessment No. 238315)  
Adopted  
Ordering the rehabilitation or razing and removal of the structures at 1213  
WOODBRIDGE STREET within fifteen (15) days after the September 13,  
2023, City Council Public Hearing. (Conditional referral to Legislative Hearing  
October 24, 2023)  
Referred to October 24, 2023 Legislative Hearing  
Ratifying the assessments for Collection of Vacant Building Registration fees  
billed during November 16 to February 22, 2023. (File No. VB2310,  
Assessment No. 238813)  
63  
Adopted  
Ratifying the assessments for Securing and/or Emergency Boarding services  
during March 2023. (File No. J2310B, Assessment No. 238110)  
64  
65  
Adopted  
Ratifying the assessments for Collection of Fire Certificate of Occupancy fees  
billed during January 23 to March 3, 2023. (File No. CRT2309, Assessment  
No. 238208)  
Adopted  
Ratifying the assessments for Graffiti Removal services during January 27 to  
March 28, 2023. (File No. J2306P, Assessment No. 238405)  
67  
68  
Adopted  
Ratifying the assessments for Removal of Dangerous and/or Diseased  
Tree(s) services during March 2023. (File No. 2307T, Assessment No.  
239006)  
Adopted  
Ratifying the assessments for Removal of Diseased and/or Dangerous  
69  
Tree(s) services during March to April 2023. (File No. 2308T, Assessment No.  
239007)  
Adopted  
ADJOURNMENT  
Meeting ended at 6:04 PM  
City Council meetings are open for in person attendance, but the public may also  
comment on public hearing items in writing or via voicemail. Any comments and  
materials submitted by 12:00 pm of the day before the meeting will be attached to the  
public record and available for review by the City Council. Comments may be  
submitted as follows:  
The public may comment on public hearing items in writing or via voicemail. Any  
comments and materials submitted by 12:00 pm of the day before the meeting will be  
attached to the public record and available for review by the City Council. Comments  
may be submitted as follows:  
Written public comment on public hearing items can be submitted to  
Contact-Council@ci.stpaul.mn.us, CouncilHearing@ci.stpaul.mn.us, or by voicemail at  
651-266-6805. Live testimony will be taken in person in the Council Chambers, and by  
telephone by registering to speak by noon on the day before the meeting. The  
Council Meeting Information  
The City Council is paperless which saves the environment and reduces expenses.  
The agendas and Council files are all available on the Web (see below). Council  
members use mobile devices to review the files during the meeting. Using a mobile  
device greatly reduces costs since most agendas, including the documents attached  
to files, are over 1000 pages when printed.  
Web  
Meetings are available on the Council's website. Email notification and web feeds  
(RSS) of newly released minutes, agendas, and meetings are available by subscription.  
minutes, and supporting documents.  
Cable  
Meetings are live on St Paul Channel 18 and replayed at various times. Check your  
local listings.