City Hall and Court House

15 West Kellogg Boulevard

Council Chambers - 3rd

Floor

City of Saint Paul

651-266-8560

Meeting Minutes

City Council

Council President Mitra Jalali

Vice President HwaJeong Kim

Councilmember Anika Bowie

Councilmember Cheniqua Johnson

Councilmember Saura Jost

Councilmember Rebecca Noecker

Councilmember Nelsie Yang

Wednesday, February 5, 2025

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:32 PM

5 -

Present

Councilmember Mitra Jalali, Councilmember Nelsie Yang, Councilmember

Anika Bowie, Councilmember Saura Jost and Councilmember Cheniqua

Johnson

2 - Councilmember Rebecca Noecker and Councilmember HwaJeong Kim

Absent

COMMUNICATIONS & RECEIVE/FILE

Reallocating funds from two (2) 2024 Neighborhood STAR projects to

establish one (1) new project per Res 24-1460.

AO 24-81

Received and Filed

Amending the 2022 Citywide Long-Term Capital Maintenance Program

Capital Improvement Budget to correct spending and financing allocations.

AO 25-2

Received and Filed

Establishing one (1) new project through the Neighborhood STAR Year-Round

Program as adopted via City Council RES # 24-1875.

AO 25-6

Received and Filed

Amending the 2025 Planning and Economic Development budget to correct

revenue account codes.

AO 25-8

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

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Authorizing the City to enter into an agreement with the Minnesota Department

of Transportation (MnDOT) for federal funding to lease electric vehicles for the

Twin Cities Electric Vehicle Mobility Network (Evie Carshare).

Adopted

Authorizing the Department of Public Works to accept a grant of $250,000

from the Metropolitan Council Environmental Services (MCES) 2025 Private

Property Inflow & Infiltration Grant Program.

Adopted

Approving the Memorandum of Agreement for the January 2025 Wage &

Fringe Adjustment (Dues Only) between the City and the International Union of

Painters and Allied Trades District Council 82.

Laid over to February 12, 2025

Authorizing the Department of Talent and Equity Resources to accept

donations of refreshments and items of support at new employee orientations

and other citywide educational events for City employees in 2025.

Adopted

Establishing the rate of pay for the new classification of Outreach Supervisor

in EG 09, Grade 015.

Laid over to February 12, 2025

Authorizing the City to amend the lease agreement with National Cooperative

Leasing to expand the fleet size of the Evie carshare program by 45 vehicles.

Adopted

Authorizing the City to enter into an agreement with the Minnesota Department

of Transportation for the Kellogg-3rd Bridge Project.

Adopted

Amending the 2024 and 2025 Capital Improvement Budget to allocate funding

for Community Proposal Allocations, and reprogramming unspent 2021

Community Proposal funding as recommended by the Capital Improvement

Budget Committee.

Adopted

Approving the City’s Council’s reappointment of Jamila Pickett, Khulia Pringle

and Nick Khaliq to the Saint Paul Recovery Act Community Reparations

RES 25-175

Commission.

Adopted

Accepting the gift of travel expenses from the Knight Foundation for

Councilmember Saura Jost and Library Director Maureen Hartman to attend

the Knight Foundation Library Leaders Convening and Knight Media Forum

from February 17 - February 20, 2025 in Miami, Florida.

RES 25-184

Adopted

Authorizing the City to enter into the attached Lease Agreement with

Macalester-Groveland Community Council for office space at Edgcumbe

Recreation Center.

Adopted

Authorizing the Department of Parks and Recreation to accept a donation of

tickets to local theater and sporting events from Tickets for Kids Charities for

youth and their families to attend various events in the metropolitan area.

Adopted

Authorizing the City to enter into the attached Lease Agreement with Highland

Area Community Council for office space at Hillcrest Community Recreation

Center.

Adopted

Authorizing the City to enter into the attached Lease Agreement with

Summit-Hill Association Community Council for office space at Linwood

Recreation Center.

Adopted

Authorizing the City to apply for $72,000 from the Minnesota Department of

Commerce’s Solar on Public Buildings Grant Program for rooftop solar

installation at Animal Services.

Adopted

Approving the use of grant funds through the Ward 4 Neighborhood STAR

Year-Round program for Cadenza Music, LLC.

Adopted

Approving the use of grant funds through the Ward 6 Neighborhood Star

Year-Round Program for Foot & Ankle Medical Clinic, P.A.

Adopted

Approving the use or non-use of a Project Labor Agreement on Department of

Parks and Recreation construction projects for the first half of 2025.

Adopted

Authorizing the Police Department (SPPD) to accept an amended grant from

the Minnesota Department of Public Safety (DPS), Intensive Comprehensive

Police Officer Education and Training (ICPOET) Program.

Adopted

Honoring the life of Edward Nao Yeng Yang and proclaiming Wednesday,

February 5, 2024, as Edward Nao Yeng Yang Day in the City of Saint Paul.

RES 25-199

Adopted

SUSPENSION ITEM

Recognizing Mitra Jalali's leadership and service to the City of Saint Paul.

Councilmember Johnson presented the resolution.

Keith Ellison, Minnesota Attorney General, gave remarks.

Mayor Melvin Carter gave remarks.

RES 25-260

Deputy Mayor Jaime Tincher gave remarks.

Sooki Jalali, Councilmember Jalali's mom, gave remarks.

Councilmember Jalali gave remarks.

Councilmember Jost gave remarks.

Councilmember Bowie gave remarks.

Councilmember Yang gave remarks from herself and on behalf of Councilmember

Noecker.

Councilmember Johnson gave remarks and moved approval.

Adopted

5 -

Yea:

Nay:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

2 - Councilmember Noecker and Councilmember Kim

Absent:

FOR DISCUSSION

Approving adverse action against the Tobacco Shop License held by Peters

Market Inc., d/b/a Peters Market (License ID #20200001649), for the premises

located at 530 Saint Peter Street. (Licensee will be represented by legal

counsel for the hearing before the City Council) (Laid over from February 5,

2025).

RES 25-161

Councilmember Johnson moved to lay over for one week.

Laid over to February 12, 2025

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Recognizing Black History month in the City of Saint Paul for the month of

February and uplifting the local work of Proceed, Progressive Missionary

Baptist Church, Rev. Paul Johnson and "Mama" Jo Ann Clark.

RES 25-213

Councilmember Johnson presented the resolution.

Rev. Paul Johnson from Progressive Missionary Baptist Church gave remarks.

"Mama" Jo Ann Clark from Progressive Missionary Baptist Church gave remarks.

Mayor Melvin Carter gave remarks.

Councilmember Bowie gave remarks.

Council President Jalali gave remarks.

Johnson moved approval.

Adopted

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

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.

First Reading

Granting the application of Tong Thanh Nguyen to rezone property at 25

George Street East from B1 local business to H1 residential and amending

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

Ord 25-17

Ord 25-18

Ord 25-19

Chris Hong, City Planner, gave a staff report.

Laid over to February 12, 2025 for Second Reading

Granting the application of LB1041 Selby LLC to rezone property at 642 Selby

Avenue from B2 community business to T3 traditional neighborhood and

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

Chris Hong, City Planner, gave a staff report.

Laid over to February 12, 2025 for Second Reading

Amending Chapter 2.02 of the Administrative Code to add Section (G)(10)

establishing an Office of Financial Services grants section.

Lindsay Bacher, Grants Director in the Office of Financial Services, gave a staff report.

Laid over to February 12, 2025 for Second Reading

PUBLIC HEARINGS

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

to testify.

Authorizing the City to enter into a joint powers agreement with Ramsey

County for solid waste and recycling funding.

RES PH 25-13

Councilmember Jost moved approval.

Adopted

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Approving the application of Burger Moe’s for a sound level variance in order

to present amplified sound for the St Patrick’s Day/Lucky Palooza events on

March 15, 2025 and March 16, 2025 at 242 7th Street West - Burger Moe’s

parking lot.

RES PH 25-16

Councilmember Johnson moved approval.

Adopted

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Authorizing the City to accept a $500,000 grant from the United States

Department of Energy (DOE)’s Energy Future Planning Grant program for the

purpose of supporting local, state, and Tribal government-led partnership

efforts that will help scale local strategies that increase resiliency and improve

access to affordable clean energy; and authorizing a corresponding budget

amendment.

RES PH 25-17

Councilmember Yang moved approval.

Adopted

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Approving the application of Patrick McGovern’s Pub for a sound level

variance in order to present amplified sound for Lucky Palooza & St Patrick’s

Day events on March 15, 2025, and March 17, 2025 at 225 7th Street West -

RES PH 25-18

Patrick McGovern’s Pub.

Councilmember Bowie moved approval.

Adopted

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

LEGISLATIVE HEARING DISCUSSION ITEMS

Ratifying the Appealed Special Tax Assessment for property at 916

RLH TA 24-406

UNIVERSITY AVENUE WEST (918 UNIVERSITY AVENUE WEST). (File No.

J2501C, Assessment No. 252000)

Assessment ratified and made payable over 10 years.

Marcia Moermond, Legislative Hearing Officer: I reviewed last meeting's video, and can

answer any questions you have.

Councilmember Bowie: I didn't have a chance to talk with Moermond about this. The

appellant is fully aware of the conditions and had a chance to comply with those. I don't

have a motion.

Council President Jalali: Moermond, could you remind us of your recommendation?

Moermond: To approve the assessment and make it payable over 10 years. It is a

substantial amount for the demolition of a corner brick building on University Ave. It

was just over $90,000.

Bowie: Over the span of 10 years, correct?

Moermond: Yes.

Bowie moved approval.

Adopted

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Appeal of Norma C Roberts Hakizimana to a Summary Abatement Order at

411 CHARLES AVENUE.

RLH SAO 25-5

Appeal denied. Granted to May 1, 2025 to remove or store any scrap wood not used for

a specific purpose and any interior items stored in the exterior.

Norma Roberts Hakizimana, owner, appeared in person

Marcia Moermond, Legislative Hearing Officer: An order was written on January 7, 2025

to remove and properly dispose of plastic totes and all scattered debris in the alley and

behind the house. The deadline to comply was January 14. My recommendation is to

grant an extension to May 1, 2025. I also put in language to help to clarify expectations

for the property owner. On the screen is a photo of the back of the property. In the

foreground we have some feral cat housing and feeding stations. In the background we

have plastic totes and containers, scrap wood, and a pallet. There are some other

pieces propped up against the back deck. I have a follow-up photo that was taken the

day of the hearing. You can see largely the same thing from different angles. For the

wood, is it scrap wood or is it being put to use as building materials? If you're building

a shed, of course you can have lumber beside the shed you're building. Can you have

lumber there for two years? No. The same is true for scrap wood. People reuse wood,

but it can't be indefinite. We tried to clarify in the resolution what the expectations were

and to divide out those things. The owner indicated she would be rebuilding the shed

that previously failed, I recommended some grace to get that taken care of. The

resolution recommends that the Council grant to May 1, 2025 to remove and store any

scrap wood not used for a specific purpose and any interior items stored on the

exterior.

Hakizimana: I want to discuss how these abatements are handled. My letter was dated

January 7. I received it on January 11, with instructions to get my hearing by January

14. I received it on a Saturday and by the time I called to try to talk to inspector David

Smith on Monday, I had no answer. I left a message with his supervisor, Lisa Martin.

At the hearing the following week, I discovered that Smith was no longer there. I'm just

wondering if these can be handled so that we don't have only two days to get back to

the City to resolve the issue.

Council President Jalali: I'm hearing you that you want the communication to be clearer

and want more time.

Hakizimana: Yes.

Jalali: The recommendation today is to give until May 1, 2025 to remove or store any of

the scrap wood as specified. Do you have any issue with that?

Hakizimana: I can take care of the scrap wood. The plastic totes are shelters, feeding

stations, and such. It's on my property. There's a report of rubbish and garbage. I don't

have any of that on my property.

Councilmember Bowie: Can you distinguish what materials are for your feeding stations

and shelters?

Hakizimana: I have the plastic plexiglass for barrier to keep the wind and snow out.

There are plastic totes. The one on the left has a hole in it with straw. The white one is

Styrofoam with a hole for straw, and then the feeding station, because sometimes

there's more than one cat that's on the side there.

Bowie: Has this been ongoing?

Hakizimana: It's been going on for years.

Bowie: Is granting to May 1, 2025 enough time?

Hakizimana: Yes.

Bowie: I just want to be sure.

Hakizimana: If we have a blizzard or snow storm in April, that's gonna slow me down

some. I don't know if June 1 would be better. Before May 1, I can try to work on it in

that period of time.

Bowie moved to close the public hearing. Approved 5-0.

Bowie: I move Moermond's recommendation.

Jalali: I support that motion.

Adopted

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Ratifying the Appealed Special Tax Assessment for property at 2130 IVY

AVENUE EAST. (File No. VB2503, Assessment No. 258802) (Public hearing

closed and laid over from February 5, 2025)

RLH TA 24-439

Laid over for one week.

Julie Walters-Lee, owner, appeared in person

Marcia Moermond, Legislative Hearing Officer: This is a tax assessment for a vacant

building fee. The Council has had this property in front of it regarding the vacant

building registration on two occasions. You gave a 90-day waiver on the fee and then

there was a further extension granted to that waiver. There was some specific language

about circumstances under which the vacant building fee would be prorated. I would

have read the language in a different way than the appellant did, but I think that it was

sufficiently ambiguous that I will ere on the side of the appellant. She provided

calculations of what she believes that the vacant building assessment should be, and

she provided some good background on that. My recommendation before you is what

the appellant's request was, which is a reduction from $5,077 to $2,815. She

purchased the property in November and the assessment had not yet been noticed, as

it was simply a pending assessment. When you close on a property, the assessments

need to be dealt with. The title company wanted to clean this up and so either the

seller or the buyer will pick up the cost of the assessment, whatever their agreement

is. Because the assessment hadn't yet been ratified by the City Council, the money for

it was escrowed. The title company did actually pay the assessment, and so it has

been paid at the $5,077 level. If the Council moves decreases the amount, per my

recommendation, the excess would be refunded to the title company and they would

deal with it from there.

Julie Walters-Lee: We purchased the property on June 3, 2024. We sold the property

on October 31, 2024. I appreciate the recommendation to decrease the assessment

from $5,077 to $2,815. I needed to appeal this because...I don't know if you guys have

my calculation in front of you or not. You do? Okay. The last line of the calculation

represents the 50% reduction regarding the resolution stating that if an unpaid

registered vacant building fee comes forward as a proposed assessment, if appealed,

it will be reduced fifty percent if the code compliance certificate is issued by

September 29, 2024. The vacant building fee did come forward as a proposed. The

letter I attached in my e-mail shows that the certificate of code compliance was issued

by that time, and I have appealed the fee. I appreciate the recommendation of $2,815,

which is what it was supposed to be, but there was a mistake made and nobody could

fix the mistake. It should have said that number on the website. It did not. Now I am

appealing in hopes that the amount will be reduced by 50% to be $1,407.62. Then my

refund would be around $3,600. If you're confused, I don't blame you, but this has

been ongoing for over a year. What happened was the VA (Veterans Affairs) owned it,

but the VA wouldn't pay the vacant building fee. I wanted to purchase the home and

the only way to do that was to take on some of the fee, but I only want to take on the

fee that you guys approved that I would take on.

Council President Jalali: We're past your time, but I just want to make sure I

understand you. The resolution says the assessment is ratified and reduced from

$5,077 to $2,815. Are you saying that you think it should be something different? What

amount would that be?

Walters-Lee: I think it should be $1,407.62 because of that statement saying that if I

appeal, if the code of compliance certificate was issued before September 29, 2024,

and if it was sent to assessments...

Jalali: Got it.

Councilmember Yang moved to close the public hearing. Approved 5-0.

Yang: I see the documents that came in from the appellant. I see the calculations, and

this is my first time seeing them. I need some time to look at the math and understand

the calculation. I would like to lay this over for one week.

Jalali: I support that.

Public hearing closed and laid over to February 12, 2025

5 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Bowie,

Councilmember Jost and Councilmember Johnson

Nay:

2 - Councilmember Noecker and Councilmember Kim

Absent:

Appeal of William A Sylvester to a Vehicle Abatement Order at 1463 MIDWAY

PARKWAY.

RLH SAO 25-6

Appeal denied.

William Sylvester, owner, appeared in person.

Marcia Moermond, Legislative Hearing Officer: A summary abatement order was

issued for the removal of this boat and trailer (shown on screen) from the public

right-of-way. The order indicated that the trailer was in disrepair and inoperable

because it's missing tires and up on cinder block blocks. The boat itself and the

trailer existing in the right-of-way is a violation of Chapter 105. Unfortunately, the

inspector incorrectly noted the violation as being parked on an unapproved surface.

During the course of the Legislative Hearing, we discussed this, and I asked the code

enforcement supervisor to reissue the order with the correct citation so that there was

a consistent understanding among everyone. A new letter was actually issued with that

correct citation. I understand that the owner wanted to appeal that letter and our front

desk inadvertently accepted the appeal, although it was already under consideration by

the City Council at that point, and was scheduled to be on your agenda today. Because

this is exactly the same issue, I would again say if there's new testimony on the

matter, then definitely the Council can hear it and include that in its deliberations. I

understand from the code enforcement inspector who visited the site on Monday that

the boat has been removed from the public right-of-way and isn't there anymore. I'm

not sure then what the appeal concern would be. If it's helpful, I have an aerial map

here of the site to show where the boat is when it is parking properly on the driveway.

The boat was then turned and placed in the driveway apron and put on cinder blocks.

To the north is Bole restaurant. The problem that the owner discussed was that when

Uber Eats or DoorDash comes, the drivers use that apron to park their car temporarily

while they run in and get the order. Also, there were concerns about parkers infringing

on the driveway. We did talk about signage that public works could provide. I

understand it was reviewed and there is a sign out there. I'm not sure what to offer on

that point exactly, except there was a referral made to the ward for office in case there

was some constituent service that could be provided.

Council President Jalali: Can I get some clarification on our code? If you have a boat,

where are you supposed to put it?

Moermond: In cases where we have boats on trailers, code deals with where the trailer

can be parked. A trailer can be parked on an approved parking surface, the same kind

of surface that a car could be parked on.

Jalali: Like your own driveway or a garage if you have it.

Moermond: Yes. In the aerial photo I showed you earlier, it was parked in the driveway

area.

Jalali: Can it just be on the street by your house? I'm just trying to understand.

Moermond: Lots of people park trailers in the street on a temporary basis. If they're

licensed and operable, the police aren't going to see that there's a problem with that. If

they're not licensed or if they are inoperable, which a trailer would be considered when

it lacks tires, then that would be problematic and they would want that removed.

William Sylvester: I don't think the boat has been removed since 8am this morning.

The rule on blocking a driveway is that you can't get more than five feet from

each...and you can't stop there. They (Bole) can't do the design they wanted to do,

which is use that exclusively for DoorDash. You can't do it because it's the illegal to

park there and stop there. That's what they were doing and they were excluding me

from using it for my own purposes. They were using it illegally and at the same time

blocking me. The Department of Safety and Inspections (DSI) needs a civil review

board. They create many more problems than the police do, and I would gather that

60% of the really horrible cases are perpetrated against women. I own a property really

close to Bole. They are pretty arrogant about a lot of stuff. After they basically

prevented me from using my driveway, I said, "Well, if they can do that, I can put my

boat there," and, okay, we can talk about it.

Jalali: You're past time. What's the issue you have? The order is to move the boat out

of the right-of-way. I'm not seeing any cost or fee or fine attached to it. You're saying

that you have moved it. I understand you're having issues with the operation of the

business, but that is outside the scope of this. Are you here because you have an

issue with refusing to move your boat from that area? Do you disagree with the order?

I'm trying to understand.

Sylvester. I was hoping for a little even handedness. I was hoping you could use the

opportunity to make all of our lives a little better. A little more respectful, a little less

arrogant.

Jalali: I'm going to move to close the public hearing. My staff are here and if there are

issues with how the business is conducting its operations, we're happy to take a look

at that. Within what we decide today, the boat does need to move. It sounds like

you've moved it, so I appreciate that.

Sylvester: During the Legislative Hearing, there was a woman that was representing

some faction and she had some documentation. I wasn't allowed to look at the

documentation. There was a complaint, which I assume was the owner of Bole, and I

didn't get to hear her documentation.

Jalali: We're well past your time. My staff right there, Jenny, can connect with you on

any information, but we have to close public hearing now and I'm going to make a

motion so that we can move to the next step.

Jalali moved to close the public hearing. Approved 4-0.

Jalali: I didn't hear anything that would give a basis to move anything other than

Moermond's recommendation, so I move that recommendation.

Adopted

4 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Jost and

Councilmember Johnson

Nay:

3 - Councilmember Noecker, Councilmember Kim and Councilmember Bowie

Absent:

Ratifying the Appealed Special Tax Assessment for property at 1769 SAINT

ANTHONY AVENUE. (File No. VB2503, Assessment No. 258802)

RLH TA 24-455

Assessment ratified and made payable over 5 years.

Roger Cheatham, owner, appeared by phone

Marcia Moermond: Legislative Hearing Officer: This an appeal of an assessment for a

vacant building fee. This property entered the vacant building program when the

certificate of occupancy was revoked and the terms for the reinstatement of the

certificate were not met by the deadlines that were established in the Legislative

Hearing process. The owner would like to appeal further to the Council to not be in the

vacant building program. This is a four-plex that from 2019-2024, inspectors had not

been given access to the interior. Access was provided. A number of orders were

written up. I understand that the owner has moved family into the building and so I

think that conversations need to occur with the inspection staff at the Department of

Safety and Inspections (DSI) to create some bright lines about reoccupation of the

property.

Council President Jalali: I'm seeing total assessment is $2,618.

Moermond: Yes, this is an assessment for a vacant building fee in year one.

Roger Cheatham: I'm talking to you from the living room at this property. My wife is

across the hall in the living room of the other unit she's occupying. The building is

owner-occupied at this time and it will remain that way until we sell it. The building is

113 years old and obviously has shown its age. Some of the windowsills are rotten and

one side of the building has loose stucco that needs to be replaced. What we're

probably going to do is take the stucco off and redo it and put in new windows on that

side of the building, at least. We will plan on doing that this coming construction

season. I'm not sure when we will be looking to reoccupy it as rental property. Probably

next fall at the soonest. My wish is to get off of the vacant building list because it

makes it more difficult to get financing to do the work that needs to be done. I'm doing

what I can on my own. I stripped a lot of paint off the woodwork. I've stripped paint off

the radiators. I'm trying to renovate the building in a way that respects the original style

and heritage of it. For right now, we're going to be occupying it as owner-occupants.

We have a grandson living in one apartment upstairs. The other apartment upstairs is

empty and I'm going to be working on that over the winter. I don't think we've been

treated well by the inspectors and DSI. That's a matter that will be settled in court

later. All I want to do right now is get off of this list somehow. I'm not sure how we can

do that. I need to be able to work on the property. And I need to be able to hire and

not go through a lot of rigmarole to get a permit. That was one of the problems with

feeding the inspection deadline...

Jalali: You're actually past your time. I understand you're saying someone lives there.

Did you have people living there from November 2023 through May 2024?

Cheatham: In November 2023, my wife was at the Episcopal home.

Jalali: I understand that you want to get out of the vacant building program and that

you want to invest in the property. The matter before us is in the past, when the

building was in the vacant building program. There are fees associated with that. I

moved to close the public hearing. (Approved 4-0)

Jalali: Moermond, can you explain what this individual would need to do to actually

move off the vacant building list, if he wants to actually reoccupy the property?

Moermond: Yes, this is a four-plex. Regardless of whether it's owner occupied, it does

need a fire certificate of occupancy. It would continue to need to be in that program.

The program is not targeted for rental property exclusively. It is for buildings that have

a certain number of units in them, with an exception for single family homes and

owner-occupied duplexes. We have a vacant building fee that covers from January 29,

2024 through January 28, 2025. The reason goes back to January when we started the

appeal process on the fire certificate of occupancy. The vacant building fee is

because of a failure to meet the terms of the work plan. The conditions not having

been met. In terms of what he would need to do, the typical measure at this point

would be to have a code compliance inspection. That involve trades inspectors doing a

walk-through of the interior and exterior. Orders would then be written to bring it into

minimum code compliance. That would be the basis for trades contractors to come

and pull permits. If he believes that it is in sufficiently good condition to not have to go

through that process, that's something he would need to discuss with the building

official. Right now it is a Category 2 registered vacant building. That is based on the

violations that were observed by the fire inspector about a year ago.

Jalali: In terms of the actual the payment that is due, can we break it into multiple

installments?

Moermond: Council can absolutely make this assessment payable in up to a five-year

time period.

Councilmember Yang: Why are there people living at the property if it is a vacant

building right now?

Moermond: Yes.

Yang: That is a red flag for me. I'm wondering if the if the property owner understand

the information that you shared earlier on about what needs to happen in order to bring

their home up to code. What has that conversation been like in terms of their

progression in meeting and having a plan?

Moermond: Much like the testimony today, indicating that family members were there,

saying the City can't require the fire certificate of occupancy if it's family members

there, and saying that it shouldn't be covered by the vacant building program for failure

to have that fire certificate of occupancy. That's been the nature of the conversation.

Yang: If we were to approve the assessment, would you say that's an incentive to

make sure that the property owner is maintaining their building? If they come up with a

plan later on, could they come back to you and negotiate a different timeline for this

assessment?

Moermond: The annual vacant building fee is assessed and partially covers the cost of

running the vacant building program. It does have the side benefit of encouraging

people to get off of the vacant building list and get the building back up and running,

which is what everyone's goal is in these kinds of cases. We often hear from folks who

don't want to pay the next year's vacant building fee. They would say a past one is

water under the bridge and I don't want have the next year's fee. At that point we would

be happy to help and move towards them getting a work plan together and put some

deadlines in place. The fee can be waived for 90 days into that next year to give the

person time to work. That's the path we like to do to create an incentive.

Yang: I support approving the assessment and am open to it being paid in

installments. I strongly support the recommendation to approve.

Jalali: I would like to amend the resolution to have the assessment paid in

installments.

Moermond: If someone wants to pay it off early, they absolutely can. Giving more time

doesn't mean they can't pay it off sooner than the time allowed.

Jalali: I think we should amend it to allow payment over 5 years then.

Councilmember Johnson: With occupancy being noted on the record, what are the

next steps there?

Moermond: DSI is aware and it would be their role at this time to choose appropriate

enforcement.

Jalali: I move to approve the resolution with an amendment to allow payment over 5

years.

Adopted as amended (assessment ratified and made payable over 5 years)

4 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Jost and

Councilmember Johnson

Nay:

3 - Councilmember Noecker, Councilmember Kim and Councilmember Bowie

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 Yang moved approval.

Legislative Hearing Consent Agenda adopted as amended

4 -

Yea:

Councilmember Jalali, Councilmember Yang, Councilmember Jost and

Councilmember Johnson

Nay:

3 - Councilmember Noecker, Councilmember Kim and Councilmember Bowie

Absent:

Deleting the Appealed Special Tax Assessment for property at 1177

ALBEMARLE STREET. (File No. J2503E, Assessment No. 258302)

RLH TA 24-431

RLH TA 24-420

RLH SAO 24-80

Adopted

Deleting the Appealed Special Tax Assessment for property at 515

BEAUMONT STREET. (File No. J2503E, Assessment No. 258302)

Adopted

Appeal of Thomas Grant to a Vehicle Abatement Order at 1449 BREDA

AVENUE.

Adopted as amended

Appeal of Thang Nguyen to a Vacant Building Registration Fee Warning Letter

Requirement at 1205 EDGERTON STREET.

RLH VBR 25-5

RLH TA 24-476

RLH TA 25-31

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1601

FREMONT AVENUE. (File No. J2503E, Assessment No. 258302)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 104 IVY

AVENUE WEST. (File No. J2503E, Assessment No. 258302) (February 4,

2025 Legislative Hearing)

Referred to March 4, 2024 Legislative Hearing

Ratifying the Appealed Special Tax Assessment for property at 2023

MAGNOLIA AVENUE EAST. (File No. J2503B, Assessment No. 258102)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 2023

MAGNOLIA AVENUE EAST. (File No. J2503E, Assessment No. 258301)

Adopted

Appeal of Jerry A. Brashier to a Revocation of Fire Certificate of Occupancy

and Order to Vacate at 511 MINNEHAHA AVENUE EAST.

Adopted as amended

Appeal of Jennifer Adams to a Correction Notice at 2147 MINNEHAHA

AVENUE EAST.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 2117

RLH TA 24-441

MOHAWK AVENUE. (File No. VB2503, Assessment No. 258802)

Adopted

Making finding on the appealed of Joseph Richardson to a nuisance

abatement ordered for 1875 NORTH PARK DRIVE in Council File SAO 24-82.

Adopted

Appeal of Mai Tran to a Summary Abatement Order at 801 PIERCE BUTLER

ROUTE.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 981 SAINT

ALBANS STREET NORTH, #102. (File No. J2503B, Assessment No. 258102)

Adopted

Appeal of Richard A. Bowen to a Vacant Building Registration Fee Warning

Letter at 767 UNIVERSITY AVENUE WEST.

Adopted

Ratifying the assessment for Collection of Vacant Building Registration fees

billed during November 8, 2023 to May 20, 2024. (File No. VB2503,

Assessment No. 258802)

Adopted

Ratifying the assessment for Securing and/or Emergency Boarding services

during June 2024. (File No. J2503B, Assessment No. 258102)

RLH AR 24-101

RLH AR 24-102

Adopted

Ratifying the assessment for Collection of Fire Certificate of Occupancy fees

billed during May 27 to June 24, 2024. (File No. CRT2503, Assessment No.

258202)

Adopted

Ratifying the assessment for Excessive Use of Inspection or Abatement

services billed during April 22 to May 21, 2024. (File No. J2503E, Assessment

No. 258302)

RLH AR 24-103

Adopted

Ratifying the assessment for Graffiti Removal services during June 18 to 28,

2024. (File No. J2503P, Assessment No. 258402)

RLH AR 24-104

Adopted

ADJOURNMENT

Meeting ended at 5:28 PM

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