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, November 1, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:32 PM

6 -

Present

Councilmember Amy Brendmoen, Councilmember Rebecca Noecker,

Councilmember Jane L. Prince, Councilmember Mitra Jalali, Councilmember

Nelsie Yang and Councilmember Russel Balenger

1 - Councilmember Chris Tolbert

Absent

COMMUNICATIONS & RECEIVE/FILE

Letter from the Department of Safety and Inspections declaring 59 King Street

East a nuisance property. (For notification purposes only; public hearings will

be scheduled at a later date if necessary.)

CO 23-59

Received and Filed

Amending the 2023 spending budget in the Department of Public Works

General Fund Traffic Signals accounting unit.

AO 23-106

Received and Filed

ROLL CALL

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

CONSENT AGENDA

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

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

Consent Agenda for separate consideration.

Approval of the Consent Agenda

Councilmember Tolbert moved approval.

Consent Agenda adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the application with a license condition, per the Legislative Hearing

Officer, to add a Liquor-Outdoor Service Area (Patio) license to the existing

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

Location licenses for 859 Randolph Ave Corp ( (License ID #0016384), d/b/a

The Spot Bar, 859 Randolph Avenue.

RES 23-1614

RES 23-1631

Adopted

Denying the Licensee's motion for Stay of Enforcement of the 10- day

Suspension of Tobacco Shop License and Administrative Costs filed on

October 9, 2023: In the Matter of Tobacco Shop License Held by Amira

Grocery d/b/a Winnipeg Grocery for the Premises Located at 864 Rice Street.

Adopted

Approving adverse action against the Tobacco Shop license held by KMH

Retail LLC d/b/a Mini Pac (License ID #20210000750) for the premises

located at 1184 Maryland Avenue East.

Adopted

Approving an Auto Repair Garage license to RS Transportation LLC d/b/a RS

Transportation LLC (License ID 20230001613) for the premises located at

2013 Minnehaha Avenue East.

Adopted

Approving the Theaters and Movie Theaters and Dance or Rental Halls

licenses for The Hive Collaborative LLC, d/b/a The Hive Collaborative (License

ID 20230001389) for the premises located at 677 Hamline Avenue North.

Adopted

Approving an Auto Repair Garage and a Second Hand Dealer - Motor Vehicle

licenses for ANSS Auto Sale LLC d/b/a ANSS Auto Sale LLC (License ID

20230001598) for the premises located at 803 Earl Street.

Adopted

Approving the Liquor On Sale - 101-180 seats and Liquor On Sale - Sunday

licenses for JED Inc, d/b/a La Cucaracha (License ID # 20230001446) for the

premises located at 36 Dale Street South.

Adopted

Approving the settlement agreement and release between the City and David

Elgersma and his attorney, Tim Phillips.

Adopted

Authorizing carryforward of unused private activity bond volume cap.

RES 23-1667

RES 23-1672

Adopted

Approving adverse action against the Tobacco Products Shop license held by

Maharaja’s d/b/a Best of Times (License ID # 20160002078) for the premises

located at 201 Seventh Street West.

Adopted

Authorizing the City to accept a donation of gift cards valued at $20,000, from

Cub Foods, on behalf of the Fire Department for food preparation and meals.

RES 23-1682

RES 23-1688

Adopted

Authorizing the City to enter into an Access and Permit Agreement with

Ramsey County for the Public Works St. Peter Storm Tunnel Access and

Tunnel Repair Project.

Adopted

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

6, 13, 20, and 27, 2023.

Min 23-39

Adopted

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

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

Council President Brendmoen moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

First Reading

Amending Chapter 74 of the Legislative Code by adding a new section 74.04

for the purpose of designating the Dwight H. and Clara Watson House at 402

Hall Avenue as a Saint Paul Heritage Preservation Site.

Ord 23-46

Christine Boulware from the Department of Planning and Economic Development gave

a staff report.

Laid over to November 8, 2023 for Second Reading

PUBLIC HEARINGS

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

to testify.

Setting the 2024 Sanitary Sewer and Storm Sewer rates.

RES PH 23-326

Councilmember Balenger moved to lay over to December 6.

Public hearing closed and laid over to December 6, 2023

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

Development LLC, to vacate an unimproved street opened in Block 2,

Cruickshank's Garden Lots as Stillwater Avenue, the block bounded by York,

Birmingham, E. Seventh, and Hazelwood.

RES PH 23-328

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

amount of $65,600 for the 2022 Hazardous Materials Emergency

Preparedness (HMEP) Grant.

RES PH 23-335

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

amount of $22,918.21 for the Minnesota Task Force One (MNTF1)

reimbursement from the City of Edina.

RES PH 23-336

Councilmember Jalali moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

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

amount of $341,727.27 to accept the 2022 Assistance to Firefighters Grant

(AFG) to provide turnout gear and paramedic training for firefighters.

RES PH 23-337

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

LEGISLATIVE HEARING DISCUSSION ITEM

Ordering the razing and removal of the structures at 594 BRUNSON STREET

RLH RR 23-50

within fifteen (15) days after the November 1, 2023, City Council Public

Hearing.

Public hearing continued to November 8, 2023. Deadline set of close of business on

November 6 to have $5,000 performance deposit posted and code compliance

inspection applied for.

Also in attendance: Elizabeth Klimmek, property owner (remote attendance)

Marcia Moermond, Legislative Hearing Officer: This property has been in the

Registered Vacant Building Program since April 16th, 2021, when it was condemned

and ordered vacated. The condemnation itself included 67 violations for this duplex.

The problem continued, and the property was sold shortly after its condemnation. The

Code Compliance Inspection report was generated on June 24th of 2021. On June

18th, 2021, which would have been probably right after the inspector got there but

before the report was generated, there was a fire at the building. This added to the

problems. The code compliance inspection would have been enough for the owner to

pull permits and begin rehabilitation at the time of acquisition, but no permits have

been pulled to do any work on the property since then. The building continues to

present a nuisance to the neighborhood. There have been numerous abatement orders

for boarding, moving the lawn, picking up garbage, breaking in, and squatting. The

Legislative Hearing was scheduled for September 26th, and we did not have anyone

show up for it. To confirm what kind of notification happened, and that notice did go

out: The building was placarded with the notification that hearing would be conducted

and 2 letters were sent. One letter was returned to the city. The other was a piece of

certified mail that wasn't picked up at the post office, where it returned when it wasn't

signed for. Staff did indicate that on August 23rd they had a conversation with the

owner, Elizabeth Klimmek, who represents Sibet Renovations LLC. During that

conversation, staff briefed her on the entire process for the order to remove and repair

and what the expectations were. That conversation did not include discussion about

intentions with the property. We have no current code compliance inspection report

indicating current conditions. There's every reason to believe that the conditions are

worse now than they were at the time it was inspected 2 years ago. We have no $5,000

performance deposit either. Lacking those things, as well as non payment of taxes and

the summary abatement orders that have been issued to maintain the property, it does

look like a case of abandonment. The owner is on the line and would like to testify. If

the Council does wish to grant any time, I would strongly recommend you require that

the performance deposit be posted and the inspection be applied for by no later than

Tuesday of next week. On the screen you can see some photos from March and also

July of this year. The July photo was taken to document the notice on the door. There

are also photos from 2021 associated with the condemnation.

Council President Brendmoen: I looked it up this morning and saw the pictures on

Google Maps from May. The fire happened back in 2021. This goes way back. This

area used to be in Ward 5 but now is in Ward 2. It has a percentage of renters and

can be a place where properties like this tend to hide.

Elizabeth Klimmek: My name is Elizabeth Klimmek, also known as Elizabeth Sibet.

When I first was shown this property, I was not told that the property was ordered to be

condemned. I made an offer for the property and they still did not tell me that the

house was going to be condemned. There were people living there when I looked at it.

Shortly after purchasing it, people had broken in, so I paid to have it re-secured. I

spent a lot of money for demolition work going off of that code compliance report from

2021, including the kitchen, bathroom, and deck. Regarding the hearing, Joe

Yannarelly told me that there would be future meeting so I didn't attend that first

meeting. I think I might have misunderstood that. I do have the funds to pay for that

$5000 deposit. I have a contractor bid for all the work to be done and pulling the

permits. I've secured a loan to be able to pay. I'm a single mother. I kept paying for

re-boarding and have been maintaining the property with mowing and shoveling. I really

want to fix this up. It could be a good place for people with affordable rent and brand

new kitchens and bathrooms. I've secured everything that I need to. I have the

contractor with an itemized list. Every single room does need work done, so it is

costly, but I'm ready to do that. I have paid for re-boarding more than 10 times. I'm

pleading for the opportunity to be able to get this property into compliance.

Brendmoen: How much was the contractor bid?

Klimmek: $80,000 or so. I don't have that in front of me right now.

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

Noecker: It sounds like your interests and our interests are very much aligned. We all

want to see this property rehabilitated and become a home. We need that to happen,

though, with a sense of urgency. Maybe wires have gotten crossed. It sounds like you

have done a lot of work. There isn't evidence that we have seen of that. I'm going to

move the recommendation of the Legislative Hearing Officer, which I would like her to

restate, but it basically would require you to post the $5,000 performance deposit and

apply for a code compliance inspection before next Tuesday, which we could then

review again at the Council level. We can then decide whether or not to remove or

repair this property.

Moermond: To restate my request, it is that the Council continue the public hearing for

one week and require that the owner post a $5,000 performance deposit and apply for a

code compliance inspection by no later than the close of business next Monday. We

could then confirm whether that has happened on Tuesday and report back to you on

Wednesday. If those two things are done, I would ask the Council to refer it back to

Legislative Hearings for the second Tuesday in November.

Brendmoen: So, the motion should also reopen the public hearing?

Moermond: Yes.

Brendmoen: So, the motion is to reopen the public hearing and continue it for one

week.

Public hearing continued to November 8, 2023 (Deadline set of November 6 to

have $5,000 performance deposit posted and code compliance inspection

applied for)

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

LEGISLATIVE HEARING CONSENT AGENDA

Items listed under the Consent Agenda will receive a combined public hearing and be

enacted by one motion with no separate discussion. Items may be removed from the

Consent Agenda for a separate public hearing and discussion if desired.

Approval of the Consent Agenda

Councilmember Jalali moved approval.

Legislative Hearing Consent Agenda adopted as amended

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Appeal of My Lam to a Vacant Building Registration Notice at 827 AGATE

STREET.

RLH VBR 23-62

RLH TA 23-360

Adopted

Amending Council File No. RLH AR 23-65 to delete the assessment for Graffiti

Removal services during January 27 to March 28, 2023 at 959 ARCADE

STREET. (File No. J2306P, Assessment No. 238405)

Adopted

Appeal of Viviane Vaaj to a Re-Inspection Fire Certificate of Occupancy With

Deficiencies at 1153 CENTRAL AVENUE WEST.

RLH FCO 23-83

RLH RR 23-55

RLH FCO 23-81

Adopted

Making finding on the appealed substantial abatement ordered for 46 FRONT

AVENUE in Council File RLH RR 23-1.

Adopted

Appeal of David Mallet to a Fire Certificate of Occupancy Correction Notice at

1592 GREENBRIER STREET. (Refer back to April 9, 2023 Legislative

Hearing)

Referred to April 9, 2024 Legislative Hearing

Amending Council File RLH AR 23-30 to delete the assessment for Collection

of Delinquent Garbage Bills for services during October to December 2022 at

1740 IGLEHART AVENUE. (File No. CG2301A1, Assessment No. 230105)

RLH TA 23-361

Adopted

Amending Council File RLH AR 23-58 to delete the assessment for Collection

of Delinquent Garbage Bills for services during January to March 2023 at 1740

IGLEHART AVENUE. (File No. CG2302A2, Assessment No. 230109)

RLH TA 23-362

Adopted

Making finding on the appealed nuisance abatement ordered for 913

JOHNSON PARKWAY in Council File RLH SAO 23-35.

RLH SAO 23-39

RLH FCO 23-82

RLH RR 23-52

Adopted

Appeal of Greg Vanwert to a Fire Inspection Correction Notice at 295 LARCH

STREET.

Public hearing continued to November 8, 2023

Second Making finding on the appealed substantial abatement ordered for

1006 THIRD STREET EAST in Council File RLH RR 23-14.

Public hearing continued to November 8, 2023

Amending Council File No. RLH AR 23-65 to delete the assessment for Graffiti

Removal services during January 27 to March 28, 2023 at 1491 UNIVERSITY

AVENUE WEST. (File No. J2306P, Assessment No. 238405)

RLH TA 23-372

Adopted

ADJOURNMENT

Meeting ended at 3:55 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

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