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, October 25, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:33 PM

7 -

Present

Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Rebecca Noecker, Councilmember Jane L. Prince,

Councilmember Mitra Jalali, Councilmember Nelsie Yang and

Councilmember Russel Balenger

COMMUNICATIONS & RECEIVE/FILE

Amending the 2023 Neighborhood STAR budget to reallocate funds in the

amount of $658,071.26.

Received and Filed

Amending the 2023 Neighborhood STAR budget to reallocate funds in the

amount of $53,156.55.

Received and Filed

Amending the 2023 Neighborhood STAR budget to reallocate funds for three

(3) projects in the amount of $131,500.

Received and Filed

Amending the 2023 Saint Paul Regional Water Services spending budget to

record the cost-neutral change in spending for the cost of issuance, principal

and interest due on PFA note DW08.

Received and Filed

Amending the 2023 Neighborhood STAR budget to reallocate funds for one (1)

project in the amount of $15,000.

AO 23-104

AO 23-105

Received and Filed

Authorizing the Police Department to reallocate its 2023 Special Fund budget

to reflect expenditures more accurately.

Received and Filed

CONSENT AGENDA

Items listed under the Consent Agenda will be enacted by one motion with no separate

discussion. If discussion on an item is desired, the item will be removed from the

Consent Agenda for separate consideration.

Approval of the Consent Agenda

Council President Brendmoen stated that Item 17 would be taken separately and that

she would be recusing herself from that item.

Councilmember Yang moved approval.

Consent Agenda adopted as amended

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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

August 8 to 11, 2023, and setting date of Legislative Hearing for November 21,

2023 and City Council public hearing for February 7, 2024 to consider and levy

the assessments against individual properties. (File No. J2406A, Assessment

No. 248505)

Adopted

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

August 14 to 22, 2023, and setting date of Legislative Hearing for November

21, 2023 and City Council public hearing for February 7, 2024 to consider and

levy the assessments against individual properties. (File No. J2407A,

Assessment No. 248506)

Adopted

Approving the City’s cost of providing Equipment and Labor for Clean Up

services during July to August, 2023, and setting date of Legislative Hearing

for November 21, 2023 and City Council public hearing for February 7, 2024 to

consider and levy the assessments against individual properties. (File No.

J2408A, Assessment No. 248507)

Adopted

Approving the City’s cost of providing Miscellaneous Abatement services

during July to August, 2023, and setting date of Legislative Hearing for

November 21, 2023 and City Council public hearing for February 7, 2024 to

consider and levy the assessments against individual properties. (File No.

J2409A, Assessment No. 248508)

Adopted

Authorizing the Police Department to enter into an agreement with People

Incorporated to provide services with funding from a Miscellaneous Funding

2022 Byrne Justice Assistance Grant from the Minnesota Department of

Public Safety.

Adopted

Approving the issuance by the City of Coon Rapids of conduit Multifamily

Housing Revenue Bonds on behalf of Mississippi View Housing Partners, LP

using, in part, recycled bonding authority from the Fairview & University

Project, Fairview Avenue & University Avenue (District 11, Ward 4).

RES 23-1617

Adopted

Establishing an additional Step 7 for the existing classification of Street

Services Worker in Grade 012 of EG 71, Tri-Council Laborers.

RES 23-1598

RES 23-1599

RES 23-1600

Adopted

Establishing the rate of pay for Chemical Feed Specialist II and Senior Water

Operator in Grade 12U, of EG 12, Operating Engineers Salary Schedule.

Adopted

Approving the 2023 Memorandums or Agreement between the City and

Manual & Maintenance Supervisors Association and Tri-Council (LIUNA

Laborers, Local 363; General Drivers, Local 120; Operating Engineers, Local

49) for the purpose of establishing a process for determining compensation

for the supervising of and potholing and skim paving work performed on a

weekend shift.

Adopted

Establishing the rate of pay for Maintenance Worker III in Grade 11U, of EG

12, Operating Engineers Salary Schedule.

RES 23-1601

Adopted

FOR DISCUSSION

Authorizing the City to enter into Privately Owned Public Space Parkland

Agreements with Snelling-Midway Redevelopment, LLC.

RES 23-1649

Andy Rodriguez, Director of Parks and Recreation, spoke to Version 2 and gave a

staff report.

Mike Hahm, Project Consultant, continued the staff report.

Councilmember Prince expressed concern and asked about parkland diversion.

Hahm and Rodriguez addressed Prince's concerns and question.

Councilmember Jalali spoke in support.

Prince expressed additional concerns and asked if it would be possible to lay over for

one week.

Jalali spoke against a one-week layover.

Councilmember Tolbert spoke in support.

Jalali overviewed the public process that took place for this item.

Councilmember Yang asked for additional details on the public process.

Rodriguez and Hahm spoke to the public process as well.

Yang spoke in support.

Prince spoke in opposition.

Noecker spoke in support.

Jalali moved approval of Version 2.

Adopted as amended

5 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Jalali,

Councilmember Yang and Councilmember Balenger

1 - Councilmember Prince

Nay:

1 - Councilmember Brendmoen

Abstain:

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 Section 220.05 of the Legislative Code to set rates for base level

garbage service to be effective January 1, 2024.

Ord 23-47

Councilmember Yang moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Granting the application of 2285 Hampden LLC to rezone property at 2285

Hampden Avenue from I1 light industrial to IT transitional industrial and

amending Chapter 60 of the Legislative Code pertaining to the zoning map.

Ord 23-49

Councilmember Jalali spoke in support and moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

PUBLIC HEARINGS

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

to testify.

Granting the application of Pillai Builders LLC to rezone property at 597- 605

Front Avenue from B3 general business to T2 traditional neighborhood and

amending Chapter 60 of the Legislative Code pertaining to the Zoning Map.

Ord 23-51

Councilmember Balenger moved to close the public hearing.

Laid over to November 1, 2023 for Final Adoption

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Authorizing the Department of Parks and Recreation to accept State General

Obligation Bond Funds, in the amount of $8,000,000, enter into a grant

agreement, and amend the financing and spending plan for the Mississippi

River Learning Center.

RES PH 23-296

Councilmember Tolbert spoke in support and moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Accepting an Arts and Cultural Heritage Fund grant administered through the

Minnesota Department of Administration, establishing a financing and

spending plan in the Department of Parks and Recreation in the amount of

$432,000 for the construction of the Hmong Plaza in Phalen Regional Park,

and entering into a required grant agreement (which includes an

indemnification clause).

RES PH 23-307

Councilmember Yang spoke in support and moved approval.

Councilmember Prince spoke in support.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

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

Recreation in the amount of $500,000 for funds contributed from the Port

Authority for the Hillcrest Heights project.

RES PH 23-311

Councilmember Yang spoke in support and moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Amending the City's Operating Budget to reflect the final sale details resulting

from the issuance of the Sewer Revenue Bonds, Series 2023E.

RES PH 23-319

Councilmember Jalali moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Approving the petition of Curt Trisko, on behalf of York Avenue Land

Development LLC, to vacate an unimproved alley opened behind 1500 York

Avenue.

RES PH 23-320

Councilmember Yang moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Amending the 2023 Saint Paul Regional Water Services adopted budget in the

amount of $1,000,000 to record the increase in spending and financing for

chemical, electricity, sludge handling, and plumbing supplies.

RES PH 23-322

Councilmember Yang moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Absent:

Approving the Capital Improvement Plan submitted by the Saints identifying

Capital Improvements to be performed at the Ballpark as part of the Saints’

Triple-A affiliation with the Minnesota Twins, authorizing the use of Capital

Expenditure Funds in an amount not to exceed $151,000, and amending the

spending and financing budget in the Lowertown Ballpark Fund.

RES PH 23-331

Councilmember Noecker moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

Abstain:

LEGISLATIVE HEARING DISCUSSION ITEM

Appeal of Richard Heller to a Summary Abatement Order at 1223 MARION

RLH SAO 23-37

STREET.

Appeal granted to allow wheelbarrows, step ladders, a picnic table, and other items

manufactured for exterior use that are in good repair. Granted to November 1 for

compliance with balance of the orders, including proper storage or removal of

extension ladders, card tables, and all other items.

Also in attendance: Richard Heller, appellant

Marcia Moermond, Legislative Hearing Officer: This is a summary nuisance abatement

order to remove items that constitute a nuisance. It indicates that the owner is to

remove improperly stored or accumulated refuse, which may include garbage, rubbish,

loose and scattered litter, discarded furniture, appliances, vehicle parts scrap, wood

and metal recycling materials, household items, building materials, tires, brush, etc.

from entire property including the yard, boulevard, alley, and driveway. In all capital

letters it says to please remove and properly dispose of the tables, ladders, vacuum

fans, tires, wheelbarrow, and other miscellaneous debris from the front yard and entire

property. The orders were issued on September 5 with a deadline to comply of

September 12. The owner of the property, Mr. Heller, came to file an appeal the day

after the deadline on September 13th. It is our practice to accept appeals, even though

they're late, if a work order hasn't been sent for the crew to go and execute a cleanup.

We will let the department know to hold off, and schedule it for hearing, which we did in

this case. I really would be failing if I didn't give a shout-out one of our colleagues.

When Mr. Heller came on September 13th to file an appeal, she stayed for 90 minutes

to help Mr. Heller with his appeal, because he needed an accommodation. Heller did

ask for and receive accommodations to be able to fully participate in the appeals

process. By and large, what that amounts to is to have the ability to have Adobe or

another computer program be able to read aloud the written documents that are a part

of the city record. Documents that were not readable were rendered readable. It took

two hearings to get all of the documents into that format. The second accommodation

is the ability to read what's transpiring when hearing or conversation is happening in

real time. Heller, who's here, is using a laptop which is using Microsoft Teams to be

able to have live captioning of the conversation here, exactly as it's happening. The

City Council Chambers don't have this ability for the TVs you see here, but if someone

were at home watching this meeting on the live stream, there is a closed captioning

button for them. When Heller comes up, he'll have that laptop with him. It will be writing

out what's being said as it's being said. To the orders themselves, I will show you

some photos that the inspector took when the orders were written. The front yard is

kind of overgrown and there are various items like step ladders, a wheelbarrow, a

clothing rack, a table with a rug on it, shelving, tires, and a vacuum. On September

25, before the Legislative Hearing, the inspector went back to take photos. Some

items were removed, but many are still there. A final set of photos was taken on

October 10. Many items are still there, and a lot of kids-sized bicycles have turned up.

Breaking this down, some items can be stored outside if they are in good condition:

picnic tables, lawn mowers, chairs, and things intended for exterior use. My

recommendation speaks to that and differentiates between items that are allowed and

those that are not, and sets a deadline of November 1 (a 7-week extension) to remove

items that are not allowed. The inspector will work with Heller to make determinations if

there is a question of if something is allowed.

Richard Heller: Two minutes is not appropriate. I've testified here before about the

those limitations. I've always asked for more than two minutes (Heller continued with

additional remarks about accessibility). Moermond did say that the piping system had

to come down in the front of the house but didn't give any discretion to the inspectors

on that. I think it's tidied up and meets compliance for what is outside. I don't know

how much discretion is going to happen with this property. It's up to the inspectors.

(Heller continued with additional remarks about accessibility).

Councilmember Noecker: You are out of time. Moermond recommended you be

granted to November 1 to remove items that should not be there. What is your

request?

Heller: I've been told different things by different inspectors and law enforcement

officials on what is allowed. (Heller continued with additional remarks about

accessibility).

Councilmember Noecker moved to close the public hearing. Approved 6-0.

Noecker: Moemond, could you just state again what will happen going forward if this

resolution is approved, so it is clear?

Moermond: With the deadline of November 1, the inspector will follow up at the

property to ensure that the Council's deadline has been met. If it has not been met,

the inspector reports that back in the Legislative Hearing process for a "Making

Finding" resolution. That will go through hearings with me and then come back before

you.

Noecker moved approval.

Adopted

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

Nay:

1 - Councilmember Brendmoen

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 Tolbert moved approval.

Legislative Hearing Consent Agenda adopted as amended

6 -

Yea:

Councilmember Tolbert, Councilmember Noecker, Councilmember Prince,

Councilmember Jalali, Councilmember Yang and Councilmember Balenger

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

registration link is located on the City Council website at www.stpaul.gov/council or

https://forms.office.com/g/TD3xN7WHy5.

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