City Hall and Court House

15 West Kellogg Boulevard

Council Chambers - 3rd

Floor

City of Saint Paul

651-266-8560

Minutes - Final

City Council

Council President Amy Brendmoen

Councilmember Mitra Jalali

Councilmember Rebecca Noecker

Councilmember Jane L. Prince

Councilmember Dai Thao

Councilmember Chris Tolbert

Councilmember Nelsie Yang

Wednesday, September 1, 2021

3:30 PM

Council Chambers - 3rd Floor

Please see the meeting guidelines due to the COVID-19 health pandemic emergency.

ROLL CALL

Meeting called to order at 3:30 p.m.

7 -

Present

Councilmember Amy Brendmoen, Councilmember Dai Thao,

Councilmember Chris Tolbert, Councilmember Rebecca Noecker,

Councilmember Jane L. Prince, Councilmember Mitra Jalali and

Councilmember Nelsie Yang

COMMUNICATIONS & RECEIVE/FILE

Authorizing the Police Department to reallocate its 2021 Special Fund

AO 21-37

operating budget to reflect expenditures more accurately.

Received and Filed

Authorizing the Police Department to reallocate its 2021 Special Fund

operating budget to reflect expenditures more accurately.

AO 21-38

AO 21-39

Received and Filed

Amending CDBG projects budget: funding for 581 7th St E (Gregg's Auto

Body)

Received and Filed

Amending CDBG projects budget.

AO 21-42

Received and Filed

Approval of the Consent Agenda

Councilmember Yang moved approval of the Consent Agenda.

7 in favor, none opposed

Consent Agenda is adopted

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Approving assessment costs and setting date of City Council public hearing to

ratify the assessments for the Como Avenue from Brompton Street to City

Limits paving and lighting project constructed as part of the 2020 St. Paul

Street Paving Program (SPS). (File No. 19235, Assessment No. 205201)

RES 21-1186

RES 21-1188

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessments for the Tedesco Street from west of Otsego Street to

Payne Avenue paving and lighting project constructed as part of the 2020 St.

Paul Street Paving Program (SPS). (File No. 19237, Assessment No.

205202)

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessment for replacement of sanitary sewer services within the

right-of-way as part of the Como Avenue trail project. File No. 19248C,

Assessment No. 216003.

RES 21-1190

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessment for installation of a fire protection system for 2475

Doswell Avenue (File No. FP2021-03, Assessment No. 217102)

RES 21-1210

RES 21-1212

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessment for replacement of sanitary sewer services within the

right-of-way as part of the Como Avenue paving project. File No. 19235C,

Assessment No. 216002.

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessment for replacement of sanitary sewer services within the

right-of-way as part of the Lexington Parkway project. File No. 19253C,

Assessment No. 216004.

RES 21-1229

RES 21-1256

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessments for the Ford Site 429 improvement project. (File No.

19246, Assessment No. 205203)

Adopted

Approving assessment costs and setting date of City Council public hearing to

ratify the assessments for the Ford Site 429 improvement project. (File No.

19246-20YR, Assessment No. 205204)

RES 21-1257

RES 21-1269

Adopted

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

Year-Round Program for improvements to The Minnesota China Friendship

Garden and Sir Boxing And Fitness Gym.

Adopted

FOR DISCUSSION

2022 property tax trends by Ramsey County.

SR 21-130

The following appeared and gave a presentation to the Council: Luis Rosario, Ramsey

County Assessor; Heather Bestler, Ramsey County Auditor/Treasurer. The

councilmembers asked questions and gave comments.

Received and Filed

Honoring the life and public service of Charles (Chuck) Repke, Jr.

RES 21-1275

Councilmember Noecker read the resolution on behalf of the City Council. She

thanked Marcia Moermond, Legislative Hearing Officer, for writing the resolution. The

Councilmembers shared their memories and thoughts on Mr. Repke.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

PUBLIC HEARINGS

Ratifying the assessment for installation of a fire protection system, as

requested by Travis Temke for 754 Randolph Avenue (File No. FP2021-02,

Assessment No. 217101).

RES PH 21-187

Council President Brendmoen said the public hearing was held virtually.

Councilmember Noecker moved to close the public hearing and approve.

7 in favor, none opposed

Public hearing is closed and resolution adopted

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Approving the application of Big River Pizza for a sound level variance in order

to present amplified music for Let There Be Songs to Phil the Air Sundays on

September 26th, and October 3rd, 2021 at the St. Paul Farmers Market.

RES PH 21-224

Council President Brendmoen said the public hearing was held virtually.

Councilmember Noecker moved to close the public hearing and approve.

7 in favor, none opposed

Public hearing is closed and resolution is adopted

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

SUSPENSION ITEMS

Councilmember Noecker moved suspension of the rules.

7 in favor, none opposed

Rules are suspended

Rules Suspended

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Affirming the Extension of Declaration of Local Emergency issued August 31,

2021 by Mayor Melvin Carter III.

RES 21-1305

Council President Brendmoen said the Council needs to ratify the extension within 3

days after it is signed. It was signed on the 31st.

Councilmember Prince moved the resolution.

7 in favor, none opposed

Resolution is adopted

The intention of the Council is to return to the Chambers after the Labor holiday, said

Brendmoen. With this extension, they will continue to meet virtually until the end of

November. In order for our Downtown to make a comeback, it needs folks Downtown.

Restaurants and coffee shops are struggling. Public hearings in the Chambers are

hard to manage in terms of masking and large groups of people. With the Delta

variant being unknown, not having a public hearing when an unknown number of the

public can enter into an enclosed area, is safer for our councilmembers and staff.

They will continue to meet the way they have with the virtual meetings. The building is

not closed. Downtown is safe and fine. People should support our businesses

Downtown.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Councilmember Jalali moved suspension of the rules.

7 in favor, none opposed

Rules are suspended

Rules Suspended

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Approving the expenditure of program dollars on housing expenses for Alyssa

Franzmeier, Beatrice Crow, Kara Komoto, and Maley Wagner, returning

VISTA members of Saint Paul’s VISTA Program, in an amount not to exceed

$12,000.

RES 21-1291

Council President Brendmoen said this is coming under suspension for the timeliness

of rent.

Councilmember Thao moved approval.

7 in favor, none opposed

Resolution is adopted

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Approval of the Consent Agenda

Items 19, 22, 23, 24, 25, 27, 28, 29, 30, 31

Councilmember Tolbert moved to adopt these items.

7 in favor, none opposed

Public hearings closed and resolutions adopted

The Legislative Hearing Officer recommends adoption of the following

resolutions, as no objections to these recommendations were received:

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

Appealing a Summary Abatement Order by Mavis Fry to at 887 CONWAY

STREET.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 854 EUCLID

STREET. (File No. J2121A, Assessment No. 218538)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1011

GERANIUM AVENUE EAST. (File No. J2122A, Assessment No. 218539)

Adopted

Appealing a Summary Abatement Order and Vehicle Abatement Order by

Joseph Dalbec to at 913 JOHNSON PARKWAY.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 678 LAFOND

AVENUE. (File No. J2121A, Assessment No. 218538)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1162

MARSHALL AVENUE. (File No. J2122A, Assessment No. 218539)

RLH TA 21-341

RLH TA 21-276

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1211

RANDOLPH AVENUE. (File No. J2023A, Assessment No. 208539)

Adopted

Appealing a Re-Inspection Fire Certificate of Occupancy With Deficiencies by

Jamie Rattanapamonsook, Thai Street Market, at 1665 RICE STREET.

RLH FCO

21-129

Adopted

Ratifying the assessments for Property Clean Up services during April 1 to 12,

2021. (File No. J2121A, Assessment No. 218538)

RLH AR 21-72

RLH AR 21-73

Adopted

Ratifying the assessments for Property Clean Up services during April 13 to

28, 2021. (File No. J2122A, Assessment No. 218539)

Adopted

No objections received to the Legislative Hearing Officer’s recommendation, and she

recommends amend and adoption.

Councilmember Yang moved to amend and adopt.

7 in favor, none opposed

Public hearings closed and resolutions adopted as amended

For the following items, no objection to the Legislative Hearing Officer’s

amended recommendation was received, and therefore, she recommends

amendment and adoption:

Ratifying the Appealed Special Tax Assessment for property at 554

CHARLES AVENUE. (File No. VB2110, Assessment No. 1543973)

RLH TA 21-304

Adopted as amended (ratify assessment)

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Appealing a Fire Inspection Correction Notice by Ray Moore at 710 DESOTO

STREET. (To refer to August 17, 2021 Legislative Hearing)

RLH FCO

21-113

Adopted as amended (grant longer extension)

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Ratifying the Appealed Special Tax Assessment for property at 1238 MARION

STREET. (File No. VB2109, Assessment No. 218815) (Public hearing

continued to September 1, 2021)

RLH TA 21-271

Adopted as amended (ratify assessment)

7 -

Yea:

Councilmember Brendmoen, Councilmember Thao, Councilmember Tolbert,

Councilmember Noecker, Councilmember Prince, Councilmember Jalali

and Councilmember Yang

Nay:

For the following item, the Legislative Hearing Officer’s recommendation is

contested and additional testimony from the appellant is in the record:

Appealing a Notice of Condemnation as Unfit for Human Habitation and Order

to Vacate by Salina Amey to at 283 CURTICE STREET EAST.

RLH VO 21-34

Marcia Moermond, Legislative Hearing Officer, said this is an appeal of an order to

restore service and repair the sanitary sewer service. This is basic for human

habitation in the City’s Legislative code. Properties need to be connected to sewer

and water according to the Minnesota Plumbing Code. The sanitary sewer is in a state

of failure based on communications from City staff. The owner contested the fact of

the failure itself. The owner contests the minutes of the hearing as being inaccurate

and noted that some of the items submitted were not in the published record until this

afternoon. There is quite an amount of materials that was immediately present for the

councilmembers to look at after publication of the agenda last week. They had the

lion’s share of the materials at the time the agenda was published. It was today that

was made public. The owner characterized a fractured relationship with her contractor.

Her impact of the already signed contract was her inability to fix the sewer line. With

respect to the dispute of sewer failure, the owner indicated that she was willing to have

the sewer line augered out and videoed to provide evidence. The sewer utility staff

offered to camera the line from the main sewer into her property if they had her

permission to enter the property. She offered that permission during the hearing, but

within a day withdrew that permission. To the best of Moermond’s knowledge, no

information has been received documenting the sewer line is operational. With respect

to the dispute with the contractor, it is a private legal matter to which the City is not a

party. The City does provide lists of private contractors from whom a private property

owner would select, but the City is not a signatory or there to do dispute resolution. In

the course of the hearing, Moermond suggested using private Counsel or using Dispute

Resolution Center, but the owner was not interested as she had problems with them.

Moermond continued: this is a long term problem at this property with a failed sewer.

Sewer is essential to life safety. They do not have a clear pathway forward. There is a

strong parallel to a situation that occurred in Ward 7 where there was a long-term

failure and not a clear pathway forward on how to address it, which resulted in a vacate

of that premises until the sewer had been address. If the Council wishes to continue

the matter and compare the minutes to the audio record, she will ask that they

continue the order to vacate and continue to require the property be vacated pending

the Council’s conclusion of the property. Her recommendation is denial of the appeal

and order property vacated effective immediately. She would ask they continue the

vacate pending the final disposition of the matter.

Councilmember Noecker said the presentation and testimony are clear. The utility

would still be willing to do the video if the property would allow that. Moermond

responded the owner would assume responsibility to auger out the area with roots and

dips in the line. It would make sense that augering would happen prior to the video

work so the camera would not run into a dead end. Both pieces need to happen in

agreement and together.

Noecker said she would like to extend the time to November 8 to demonstrate the line

is not in failure or vacate the property.

7 in favor, none opposed

Public hearing closed and resolution adopted as amended

Adopted as amended (extension of one week to September 8)

6 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali and

Councilmember Yang

Nay:

1 - Councilmember Thao

Absent:

ADJOURNMENT

Meeting adjourned at 5:08 p.m.

In-person meetings, or meetings conducted under Minn. Stat. § 13D.02 of the City

Council, are not practical or prudent because of the COVID-19 health pandemic

emergency declared under Minn. Stat. Chapter 12 by the Minnesota Governor Tim

Walz and Saint Paul Mayor Melvin Carter. In light of the COVID-19 health pandemic,

members of the City Council will participate in City Council meetings by telephone or

other electronic means.

Public attendance at the City Council’s regular meeting location is not feasible due to

the COVID-19 health pandemic. Members of the public may view City Council meetings

online at stpaul.legistar.com/Calendar.aspx or on local cable Channel 18.

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.

While the Council will make best efforts to decide all issues before them, the Council

may delay decisions on certain matters where the members believe meeting in-person

is necessary. More information is available at

www.stpaul.gov/departments/city-council

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.

Visit www.stpaul.gov/council for meeting videos and updated copies of the agendas,

minutes, and supporting documents.

Cable

Meetings are live on St Paul Channel 18 and replayed at various times. Check your

local listings.