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, August 24, 2022

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:37 PM

5 -

Present

Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Rebecca Noecker, Councilmember Mitra Jalali and

Councilmember Russel Balenger

2 - Councilmember Jane L. Prince and Councilmember Nelsie Yang

Absent

COMMUNICATIONS & RECEIVE/FILE

Letter from the Department of Safety and Inspections declaring 1011 Burns

CO 22-61

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

will be scheduled at a later date if necessary.)

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 16 would be taken separately.

Councilmember Balenger moved approval.

Consent Agenda adopted as amended

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Amending Civil Service Rule 7 to reduce the length of time eligible lists remain

in effect.

RES 22-707

Laid over to September 7, 2022

Amending Civil Service Rule 28.B.5 to eliminate language disallowing

consideration of years of employment, and related education and experience,

in setting wages for internal candidates as a firefighter. (Laid over from

September 14, 2022)

RES 22-770

Laid over to September 7, 2022

Authorizing the City on behalf of the Police Department to accept an in-kind

donation from The Standard for PeerConnect app software licenses for the

Police Department's Employee Assistance Program.

RES 22-1042

RES 22-1140

Adopted

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

2 to 13, 2022, and setting date of Legislative Hearing for September 20, 2022

and City Council public hearing for January 4, 2023 to consider and levy the

assessments against individual properties. (File No. J2301A, Assessment No.

238500)

Adopted

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

15 to 29, 2022, and setting date of Legislative Hearing for September 20, 2022

and City Council public hearing for January 4, 2023 to consider and levy the

assessments against individual properties. (File No. J2302A, Assessment No.

238501)

RES 22-1141

Adopted

Approving and authorizing modifications of two STAR loans made to Circus of

the Star, a Minnesota nonprofit corporation (“Borrower”).

RES 22-1239

RES 22-1269

Adopted

Authorizing the Department of Parks and Recreation to apply for and accept a

grant from the National League of Cities for the Youth Excel Initiative in an

amount of $150,000 to improve systems supporting equitable economic

success for young people, focusing on STEM career opportunities.

Adopted

Approving the Collective Bargaining Agreement (January 1, 2021 - December

31, 2023) between the City of Saint Paul and the Saint Paul Police Federation.

RES 22-1274

RES 22-1276

Laid over to September 7, 2022

Authorizing the City to enter into a Cooperative Agreement with Ramsey

County for sidewalk construction on Upper Afton Road between Burns Avenue

and White Bear Avenue.

Adopted

Authorizing the City to transfer $7,850,000 of American Rescue Plan funds

from the 30% AMI Deeply Affordable Housing account to a specific account for

the 176 Robert project.

RES 22-1279

Adopted

Authorizing the Fire Department to enter into a joint powers agreement with

the State Patrol for helicopter operation training.

RES 22-1281

RES 22-1284

Adopted

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

ratify the assessments for the Prior Avenue from University to St. Anthony

paving and lighting project constructed as part of the 2022 St. Paul Streets

Program (SPS). (File No. 19239, Assessment No. 225201)

Adopted

Approving adverse action against the Cigarette/Tobacco License held by

Peters Market Inc. d/b/a Peters Market (License ID# 20200001649), at 530

Saint Peter Street.

RES 22-1286

RES 22-1290

Adopted

Reciting a proposal for a Housing Finance Program for a multifamily rental

housing development, approving the project and the program pursuant to

Minnesota Statutes, Chapter 462C, authorizing the Housing and

Redevelopment Authority to issue conduit multifamily housing revenue

obligations, and authorizing the preparation of necessary documents and

materials in connection with said project and program, Dale Street Project

(Dale Street Project) District 8, Ward 1.

Adopted

Approving the revised Wage and Benefit Policy for Non-Represented

Management and Legislative Personnel.

RES 22-1304

RES 22-1305

Laid over to September 7, 2022

Approving assessment costs and setting date of City Council Public Hearing

to ratify the assessment for benefits, costs, and expenses for the

Grand/Snelling parking lot operation and maintenance for 2023. File No.

18746-22, Assessment No. 227202.

Adopted

Preliminary Order setting the date of Public Hearing for September 28, 2022

to consider approval of the Seventh Place Mall operation and maintenance

costs for 2021. File No. 18428-22, Assessment No. 227200.

RES 22-1308

Adopted

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

ratify the assessment for benefits, costs and expenses for the Seventh Place

Mall operation and maintenance costs for 2021. File No. 18428-22,

Assessment No. 227200.

RES 22-1310

Adopted

Waiving the 45-day notice requirement to issue a Liquor On Sale - 100 Seats

or Less, Liquor On Sale - Sunday, Liquor Outdoor Service Area (Patio), and

Entertainment (A) License to Lund Food Holdings Inc. d/b/a Lunds & Byerlys

RES 22-1317

RES 22-1318

(License ID # 20220000546) for the premises located at 2170 Ford Parkway.

Adopted

Authorizing the City of Saint Paul to enter into the Fencing Consortium Joint

Powers Agreement for the purpose of leasing anti-scalable fencing as a

de-escalation tool and a public safety measure.

Adopted

FOR DISCUSSION

Celebrating the 125th Anniversary of the Hamline Church Dining Hall at the

Minnesota State Fair.

RES 22-1303

Councilmember Jalali spoke to and read from the resolution.

A representative of the Hamline Church Dining Hall spoke to the resolution.

Council President Brendmoen expressed appreciation and support for the resolution.

Jalali moved approval.

Adopted

5 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

2 - Councilmember Prince and Councilmember Yang

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 first reading.

Final Adoption

Granting the application of Fulford Family Partnership LP to rezone property at

533 & 567 Randolph Avenue from T2 traditional neighborhood to IT transitional

industrial and amending Chapter 60 of the Legislative Code pertaining to the

Ord 22-38

zoning map.

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

PUBLIC HEARINGS

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

to testify.

Amending Chapter 193A of the Legislative Code pertaining to rent

stabilization.

Ord 22-37

Council President Brendmoen spoke to the three-reading policy surrounding

ordinances. Stated that votes will not be happening during the public hearing. Also

stated that a numbered system will be used for public testimony and that everyone

speaking to the ordinance should have received a number when they signed in.

Councilmember Tolbert gave an overview of the process leading up to the day's public

hearing.

Brendmoen stated that a break might take place after 25 speakers. Asked speakers

to keep to two minutes. Also said that before public testimony, councilmembers will

share amendments they intend to offer, but no votes will be taken until the September

7 meeting.

Councilmember Jalali shared four proposed amendments.

Councilmember Noecker shared two proposed amendments.

Brendmoen stated that Councilmember Prince also has a proposed amendment and

shared one proposed amendment.

55 speakers presented testimony.

Brendmoen stated again that votes on amendments would take place during the

September 7 meeting, and then final adoption would be on September 14.

Tolbert moved to lay over for two weeks.

Public Hearing continued to September 7, 2022

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of Nativity of Our Lord Catholic Church for a sound

level variance in order to present amplified sound on September 16 - 18, 2022

RES PH 22-227

at 1900 Wellesley Ave - Nativity Elementary School

Councilmember Tolbert moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of Stone Saloon, SBC dba Waldmann for a sound

level variance in order to present live amplified sound on September 23-25,

and September 30 - October 2, 2022 at 445 Smith Ave N.

RES PH 22-228

RES PH 22-231

RES PH 22-232

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of Taste of Rondo Bar & Grill for a sound level

variance in order to present amplified sound on September 8, 2022 at 976

Concordia Ave - Taste of Rondo Bar & Grill.

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of The Leukemia & Lymphoma Society Inc. for a

sound level variance in order to present live amplified sound on September

22, 2022 at 200 Dr Justus Ohage Blvd. - Harriet Island Regional Park.

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of Anderson Race Management for a sound level

variance in order to present live amplified sound on September 24, 2022 at

Upper Landing Park - 180 Shepard Rd.

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of University of St. Thomas, Margaret Cahill,

Campus Life for a sound level variance in order to present amplified sound on

September 4, 2022 at 2115 Summit Ave - O’Shaughnessy Stadium.

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Authorizing the Department of Planning and Economic Development to

execute grant agreements with the Minnesota Department of Employment

and Economic Development, which includes an indemnification clause,

acceptance of grant funds, and amendment of related City budgets.

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of Selby Avenue Jazz Fest (R. Mychael Wright) for a

sound level variance in order to present live amplified sound on September

10, 2022 at 934 Selby Avenue.

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the application of University of St. Thomas, for a sound level

variance in order to present live amplified sound on September 9, 23, 30 and

October 19, 2022 at 2115 Summit Avenue - O’Shaughnessy Stadium.

RES PH 22-238

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

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

contribution received from the State to pay for training and equipment for the

hazardous materials team.

RES PH 22-240

Councilmember Tolbert moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Authorizing the Police Department Bomb Disposal Unit to accept and amend

the 2022 special fund budget and adding an activity for the 2021 Minnesota

Homeland Security Program - Bomb grant.

RES PH 22-242

Councilmember Noecker moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the temporary installation of artwork in the public right of way on the

City’s signal cabinets on the northeast corner of University Avenue and Marion

Street.

RES PH 22-243

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Approving the issuance of a conduit multifamily housing revenue note by the

Housing and Redevelopment Authority (HRA) for a multifamily rental housing

development project; reciting a proposal for a Housing Finance Program

related to such multifamily rental housing development; approving the related

project and program pursuant to Minnesota Statutes, Chapter 462C;

authorizing the HRA to issue a conduit multifamily housing revenue note and

authorizing the preparation of necessary documents and materials in

connection with said project and program, and approving an ARPA Loan, and

related documents for 176 South Robert Street, Soul Project (District 3, Ward

2). (Public hearing is continued from August 17.)

RES PH 22-239

Dominik Jenson spoke to the item.

Council President Brendmoen appreciated the testifier waiting so long to speak.

Councilmember Noecker echoed Brendmoen's appreciation and moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

LEGISLATIVE HEARING DISCUSSION ITEMS

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.

Ordering the rehabilitation or razing and removal of the structures at 733

FAIRVIEW AVENUE NORTH within fifteen (15) days after the June 22, 2022,

City Council Public Hearing. (Amend to remove within 15 days)

RLH RR 22-28

Deadline set for all documentation relating to work plans, financing, bids, and tax

payments to be received by Legislative Hearing Officer by September 9. Legislative

hearing set for September 13 to review documentation.

Stamate Skliris, owner, appeared via dial-in.

Moermond: Stated that property came before Council on June 22, 2022 when they

considered the Department of Safety and Inspections' (DSI). During that hearing, I

asked Council to refer back to Legislative Hearings if the owner had posted a

performance deposit before the hearing. The intention was to develop work plans and

financing plans going forward. Since then, there have been two legislative hearings in

which the owner did not appear and did not tell staff ahead of time that he would not be

appearing. I do think a rehabilitation is doable. There is a code compliance inspection

report from July of 2021, and I asked it to be extended past the usual 12-month period.

The owner says the repair is 85% done, but no permits indicate that work has been

undertaken since the code compliance inspection. The property has been registered

vacant since 2014. I want to spark action but am not sure what that looks like. No

work plans, no bids, no evidence of financing, and unpaid taxes leave me stuck with a

recommendation to remove unless the owner can come forward with concrete steps

that can be taken.

Skliris: Property is in the Hamline-Midway area. I have not been the owner during the

entire period it has been vacant. Purchased it as a vacant property. I also work as a

prosecutor, living 20 hours away in North Dakota as a special assistant US attorney. I

have been making progress. I met Inspector (Matthew) Dornfeld during the inspection,

who thanked me for the interior of the building not having mice or feces. I have spent

about $300,000 on the interior alone with tiles and heated floors. After the inspection I

got a letter that the building went from a Category 2 Vacant Building to a Category 3. I

didn't know what that meant. I looked it up and learned that I lost the ability to pull

permits to make repairs. I went to a legislative hearing and did post a $5,000

performance deposit. I talked to inspector Robert Humphrey who said in an email on

the 27th (did not state the month) that I could be issued permits. Humphrey apologized

in a subsequent email where he apologized for the confusion. The notice about the

hearing was also not sent to my correct mailing address. It was sent to my parents'

home in southwest MN. I never received an email and signed up yesterday for the

hearing today.

Council President Brendmoen: You have two minutes. Please clarify your ask of the

Council.

Skliris: I am happy to satisfy all items delineated. I can do that. My boss the county

attorney doesn't think I should. According to my contractor the $40,000 estimate the

assessors made is inaccurate and I shouldn't have to show proof of $40,000. I can

satisfy the property taxes tomorrow. I am asking for additional time to get you this

information by September 9. Having new inspectors has also made the process

difficult. The new inspector told me I cannot put moisture resistant sheet rock in the

basement, but a Menards employee told me that wasn't true. I want to get this project

done but the inspectors in St Paul are draconian.

Moermond: Staff estimates costs exceed $40,000. If the total for bids are more than

20% less than staff estimates, a high level of detail would be required. It is acceptable

that this costs less than $40,000, but there needs to be documentation that the work

is being done. If staff says electrical work will cost $5,000 but he has a bid saying it

will cost $2,000, that is acceptable and there needs to be documentation of that. That

has been indicated in multiple letters. Regarding DSI, Robert Humphrey was in his first

day on the job when he made his mistake thinking the building was Category 2, and

corrected the mistake within a few hours, realizing it was a Category 3 and needed

Council approval and hearings. The email chain from the end of May is attached to the

record. There have been 2 months since that conversation to be able to rectify that.

The permits on file are dated and we need new permits that are timely to address the

code compliance. Having that by September 9 would be fabulous.

Councilmember Jalali moved to close the public hearing. Motion approved.

Jalali: I find Moermond's recommendation to be reasonable. There needs to be

documentation that the work required is happening and that work can happen for less

than the estimated amount. There needs to timely updated permits. These requests

are reasonable and I expect that information to get submitted. If this is not satisfied by

September 9, I agree with Moermond that we are left with no choice but to enforce our

code. Is it acceptable to Moermond to delay action until then with that requirement that

these documents get sent via email?

Moermond: Given the September 9 deadline proposed by the property owner, I would

propose that you refer this to Legislative Hearings on September 13 for the conditions

to be reviewed. I can send a file to Councilmembers the following week with a

recommendation based on those submissions.

Jalali moved the revised recommendation of Moermond.

Referred to September 13, 2022 Legislative Hearing

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Ordering the removal of the structures at 1600 SEVENTH STREET WEST

within fifteen (15) days after the August 24, 2022, City Council Public Hearing.

RLH RR 22-46

The property owner agrees to post a performance deposit, apply for a code compliance

inspection by the close of business Monday (August 29), and maintain the property.

Legislative hearing set for September 13.

Tom Basgen, neighbor homeowner, appeared

Moermond: I met with the attorney representing Burger King Corporation, Jacob Steen,

during the first 30-45 minutes of today's Council meeting. Agreed that the property was

not in good condition. Burger King is interested in getting this property into the hands

of someone who can redevelop the sight. To that end, they will be posting a

performance deposit, applying for a code compliance inspection by the close of

business Monday, and maintain the property. The property has been a chronic problem

for break-ins and dumping, and the inside has been gutted as a result of the

break-ins. I ask that you send this back to legislative hearings for September 13.

There is also a letter attached to the record that details concerns about proper notice,

which I will elaborate on in legislative hearings so you can get a comprehensive

response to that letter.

Basgen: I am a first-time homeowner in the area. Many of my neighbors are upset with

the current condition of the property and I am excited for this new direction.

Councilmember Noecker expressed appreciation for the work to resolve this issue and

moved approval of Moermond's recommendation.

Referred to September 13, 2022 Legislative Hearing

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

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 Balenger moved approval.

A motion was made by Councilmember Balenger to Approve the Consent

Agenda The motion carried by the following vote:

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Prince and Councilmember Yang

Absent:

Denying a stay of enforcement of demolition for property at 587 COOK

AVENUE EAST. (Legislative Hearing on August 23, 2022)

Referred to September 27, 2022 Legislative Hearing

Appeal of Zoe Zhi, American Medical Research, to a Vacant Building

Registration Notice at 1082 EUCLID STREET.

Adopted

Appeal of Maradee Miller to a Fire Inspection Correction Notice (which

includes condemnation) at 1145 HUDSON ROAD #317.

Adopted

Appeal of Benjamin Kaufman, Southern Minnesota Regional Legal Services,

on half of tenant, Marilyn Dunsmore, to a Fire Inspection Correction Notice

(which includes condemnation) at 1145 HUDSON ROAD #410.

Adopted

Appeal of Catherine Fah to a Correction Notice at 1379 SHERBURNE

AVENUE.

RLH CO 22-7

RLH TA 22-63

Adopted

Amending the previously ratified assessment to reduce the assessment for

Property Clean Up service during June 15 to 30, 2021 at 1399 THOMAS

AVENUE. (File No. J2202A, Assessment No. 228501) (Continue public

hearing to August 24, 2022)

Adopted

ADJOURNMENT

Meeting ended at 6:50 PM

City Council meetings are open for in person attendance, but the public may also

comment on public hearing items in writing or via voicemail. Any comments and

materials submitted by 12:00 pm of the day before the meeting will be attached to the

public record and available for review by the City Council. Comments may be

submitted as follows:

The public may comment on public hearing items in writing or via voicemail. Any

comments and materials submitted by 12:00 pm of the day before the meeting will be

attached to the public record and available for review by the City Council. Comments

may be submitted as follows:

Written public comment on public hearing items can be submitted to

Contact-Council@ci.stpaul.mn.us, CouncilHearing@ci.stpaul.mn.us, or by voicemail at

651-266-6805. Live testimony will be taken in person in the Council Chambers, and by

telephone by registering to speak by noon on the day before the meeting. The

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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