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, September 14, 2022

3:30 PM

Council Chambers - 3rd Floor

Public Hearing on Highland Area Commercial Development District at 10:00 AM

at 1978 Ford Parkway

Regular Council Meeting at 3:30 PM in Council Chambers

ROLL CALL

Meeting started at 10:00 AM

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

PUBLIC HEARING (The public hearing on this item will take place at 10:00 a.m. at the

Highland Park Community Center Auditorium, 1978 Ford Parkway. Following the public

hearing, Council members will conduct a budget meeting.)

Amending the Appendix to Chapter 409 of the Legislative Code Pursuant to

Section 17.07.1 of the Charter and Section 409.20 of the Legislative Code to

expand the Commercial Development District at 2078 Ford Parkway to

include 2170 and 2128 Ford Parkway and 966 Mississippi River Boulevard

South (parcels 172823110111 and 172823110114).

Ord 22-40

Dan Niziolek, Deputy Director at the Department of Safety and Inspections, gave a

staff report.

Councilmember Tolbert moved to close the public hearing and lay over the item for

one week.

Laid over to September 21 for final adoption

RECESS (The Council will recess, and reconvene at 3:30 p.m. in Council Chambers.)

Meeting recessed at 10:15 AM

ROLL CALL

Meeting resumed at 3:35 PM

7 -

Present

Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Rebecca Noecker, Councilmember Jane L. Prince,

Councilmember Mitra Jalali, Councilmember Nelsie Yang and

Councilmember Russel Balenger

COMMUNICATIONS & RECEIVE/FILE

Amending the 2022 spending budget in the Department of Public Works

AO 22-45

Sewers Utility Fund Sewer Maintenance accounting unit.

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 Balenger 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 conditions, per the Deputy Legislative Hearing

Officer, for Jodana Inc (License ID# 20220000729), d/b/a Keenan’s 620 Club /

Keenan’s Bar & Grill, located at 620 Seventh Street West.

RES 22-1299

RES 22-1325

Adopted

Acknowledging receipt of District Energy St. Paul, Inc. notice of rate increase

as of October 1, 2022, and directing the Office of Financial Services, the City

Attorney’s Office, and Council Operations to review and analyze the rate

changes.

Adopted

Approving a Liquor On Sale - 181-290 Seats and Liquor Outdoor Service Area

(Patio) license to Hepcat Coffee (License ID #20220000937) for the premises

located at 370 Wabasha Street North.

RES 22-1332

RES 22-1378

Adopted

Authorizing the Department of Parks and Recreation to enter into a grant

agreement, which includes an indemnification clause, for $10,000 in funding

from the Capitol Region Watershed District, requiring a five percent in-kind

match, to enhance and restore 2.5 acres of native shore land habitat at Loeb

Lake.

Adopted

Approving the Mayor’s appointment of Veronica Robinette and reappointment

of Yer Chang to the Saint Paul Public Housing Agency (PHA).

RES 22-1385

RES 22-1392

RES 22-1393

Adopted

Approving the Mayor's reappointment of Man Huynh and Vicki Baucom to the

Truth in Sale of Housing Board.

Adopted

Approving the Mayor’s appointment of Houa Moua and Mohamed

Mourssi-Alfash and reappointment of Kari Sheldon and Baya Clare to the

Mayor’s Advisory Committee on People with Disabilities.

Adopted

Accepting a public right-of-way easement from Robert Street LLLP in

connection with a residential development at 176 Robert Street South.

RES 22-1420

RES 22-1350

Adopted

Approving the Labor Agreement (May 1, 2022 - April 30, 2025) between the

City of Saint Paul and the North Central States Regional Council of

Carpenters.

Adopted

FOR DISCUSSION

Presentation by the Saint Paul Garbage Advisory Committee of their report

with recommendations for future programming.

SR 22-167

Susan Young gave an introduction.

Sarah Axtmann gave a presentation on the report.

Council President Brendmoen stated that she liked moving customer service and

billing to the City, as something that will make life easier for residents.

Axtmann continued.

Brendmoen asked about condo and HOA opt-outs.

Axtmann stated that there was a recommendation specifically for HOAs and continued.

Councilmember asked if there was a concern of people using holds of service as a

way to opt out, if opt-out and cart sharing is not an option.

Axtmann confirmed that as a concern of committee members.

Brendmoen expressed appreciation for the work of the committee.

Councilmember Prince expressed appreciation as well and asked about illegal

dumping.

Councilmember Yang expressed appreciation and asked if there was data on bulky

item participation.

Young addressed Yang's question.

Brendmoen and the Council recognized members of the committee in the audience.

Received and Filed

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

Amending Chapter 193A of the Legislative Code pertaining to rent

stabilization.

Ord 22-37

Council President Brendmoen stated that an amendment she is working on related to

prevailing wage requirements is still in progress and not ready to be voted on. Intended

for it to be taken as a separate ordinance in the next month or so.

Councilmember Jalali stated that her amendment related to a compromise on

affordable housing exemptions is also still being worked on.

Brendmoen spoke to her and Councilmember Tolbert's amendment related to a cap on

increases within the current version's language on vacancy decontrol.

Councilmember Prince spoke in support.

Councilmember Yang spoke in support.

Jalali spoke in support.

Councilmember Noecker spoke in support.

Tolbert spoke in support and moved approval of the amendment.

Amendment adopted 7-0.

Brendmoen moved to reopen the public hearing and lay over for one week. Added that

a layover is necessary as the language has changed, and ordinances require language

to be in its final form for one week prior to final passage.

Amended and laid over for public hearing and final adoption on September 21,

2022

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

PUBLIC HEARINGS

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

to testify.

Ratifying the assessments for Replacement of Lead Water Service Line on

Private Property during April to June 2022. (File No. 2203LDSRP,

Assessment No. 224006)

RES PH 22-259

Councilmember Tolbert moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Ratifying the assessments for Repair of Sanitary Sewer Line on Private

Property during April to June 2022. (File No. SWRP2203, Assessment No.

223003)

RES PH 22-260

RES PH 22-265

RES PH 22-267

Councilmember Noecker moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the petition of Ker Vang, to vacate the public alley which runs

through the property at 1503 Case Avenue.

Councilmember Yang moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the application of Twin Cities in Motion for eleven (11) sound level

variances in order to present amplified sound for announcements, speakers

and music on October 1 and 2, 2022 during the Medtronic Twin Cities

Marathon at the State Capitol Complex, 75 Rev Doctor Martin Luther King Jr

Boulevard and on Sunday October 2, 2022 for ten (10) other locations: from

Mississippi River Boulevard and Marshall east along Summit Avenue to Selby

Avenue and State Capitol.

Virginia Brophy Achman from Twin Cities in Motion spoke to the sound level variances

and promised to reach out to objectors in the record to hear their concerns.

Council President Brendmoen expressed appreciation and excitement for the Twin

Cities marathon.

Councilmember Balenger moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the application of Allianz Field for a sound level variance in order to

present live amplified sound for the Smoke Out at Allianz Field Event on

October 2, 2022 on Spruce Tree Drive by Allianz Field - 400 Snelling Ave. N.

RES PH 22-269

Councilmember Balenger moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the application of Robert Cooley for a sound level variance in order

to present amplified sound on October 2, 2022 at 587 Summit Ave - front

lawn.

RES PH 22-270

Councilmember Balenger moved approval.

Adopted

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Approving the establishment of the Farwell Yards Tax Increment Financing

District (a redevelopment district) in the Riverfront Redevelopment Project

Area and adopting a Tax Increment Financing Plan (District 3, Ward 2).

RES PH 22-275

Jenny Wolfe gave a staff report.

Councilmember Noecker thanked Wolfe for the report and expressed a goal of

providing more affordable housing in a walkable way. Moved approval.

Councilmember Prince expressed appreciation for the concerns that were addressed in

the record.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Considering and adopting the Findings of Fact, Conclusions of Law, and

RES PH 22-233

Recommendation of the Administrative Law Judge, and request of the

Department of Safety and Inspections to upwardly depart to revocation of the

Cigarette/Tobacco license held by Bright Star Inc., d/b/a Tom and Joe’s

Market, for the premises located at 684 Western Avenue. (Public hearing

closed and laid over from September 14, 2022.)

Therese Skarda gave a staff report.

Derek Thooft, attorney for the license holder, spoke against an upward departure from

the matrix penalty.

Councilmember Balenger clarified that this would just revoke the license for tobacco

and not close the store. Asked if there were prior violations.

Skarda answered Balenger's questions.

Brendmoen stated that there had previously been one adverse action.

Councilmember Balenger moved to close the public hearing and lay over for one week.

Brendmoen continued.

Tolbert asked about the license holder's rationale.

Skarda addressed Tolbert's question and read from the administrative law judge's

report.

Tolbert continued, expressing concern about the license holder's explanation.

Public Hearing closed and laid over to September 21, 2022

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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.

Appeal of Brett Cummings, Panama Flats Rowhouse Association, to a

Correction Order at 228 EXCHANGE STREET SOUTH.

RLH CO 22-8

Correction Order passed. Next step for the Home Owners Association (HOA) is to talk

with Public Works and get their assessment and determination of financial

responsibility. If the HOA is dissatisfied, they can file a claim against the city. Either

way though, the costs of these need to be paid up front to get this process moving for

the next construction season. The public safety issue is the primary concern, and the

financial responsibility is secondary.

Also in attendance: Brett Cummings, resident and HOA president, in-person

Moermond: This is a correction order to repair a retaining wall. Google street view from

2019 shows asphalt side repairs, indicating that the sidewalk has experienced some

problems in the past. Right now, though, the issue is the retaining wall between the

sidewalk and the lower garden-level opening. What has happened is that the wall is

beginning to fail. Photos show some efflorescence and some opening. There is also

an opening between the private sidewalk and city sidewalk. There is also sidewalk

failure where the sidewalk next to the curb is beginning to come down. The sidewalk is

tilting towards the wall, causing water to infiltrate into the wall and making it worse. The

order is to fix the wall. The appeal agrees that the wall needs to be fixed, but how does

this relate to fixing the sidewalk? It also argues that they should not be responsible for

all of the wall repair cost, and that the City should own some responsibility. To figure

this out, I asked the head of Public Works' Sidewalk Division, the head of their Right

of Way division, and the city's bridge engineer. They all took a look at the situation

and could not make a determination whether the wall failed first causing the sidewalk

to fail, or if the sidewalk failed first causing the wall to fail. Both items need to be

fixed. The sidewalk is public, the wall is private. Public Works has put in a temporary

fix to prevent additional water infiltration. This includes asphalt repairs, putting in a

temporary curb, and eliminating the trip hazard. These are estimated to hold for a year.

The wall repair needs to come next, which will require engineering analysis, ripping up

the sidewalk and replacing it. Then finally will be the long-term repair of the sidewalk.

The agreement was for the wall to be fixed by the property owner by August 1, 2023,

and then after that the city will take care of the final sidewalk repair. Right now all

that's in front of you though is the correction order. The date I am recommending is

informed by the complicating factors of making this type of repair. What is not in front

of you though is a mechanism for determining financial responsibility, culpability, or

replacement plans. This is just "should this be corrected by this date?". This is just

square one, to affirm that this needs to be repaired. August 1 of next year is enough

time. We need to look at next year's construction cycle for this.

Councilmember Noecker: Thank you for the explanation. Can you speak to the

process required for figuring out the repair process and how this happened?

Moermond: In the hearing I said that the first step is to talk to Public Works to hear

their assessment and their belief of their public responsibility. If the property owner is

not satisfied, I indicated that the next step would be litigation via a claim against the

city. This would not come before Council.

Noecker: If we issue the correction order today, and a claim is filed against the city,

how does that interact with the August 1 deadline if the dispute gets drawn out?

Moermond: My recommendation is to not condition the August 1 deadline, but rather to

let the financial matters resolve themselves over time. Someone will need to pay for

this up front, but the first concern is getting this public safety concern resolved, and

the matter of cost is secondary.

Noecker: And the August 1 deadline is informed by how long the temporary repairs will

last and how long the fix will take?

Moermond: Yes, this also gives time for Public Works to fix the sidewalk afterwards

before the construction season ends.

Council President Brendmoen opened the public hearing.

Cummings: 25% of our residents are also here today as well. I have lived here for 4

years. Prior association boards have spent the last 7-8 years petitioning Pubic Works

to replace the sidewalks because they are failing. The asphalt patches in the 2019

photo were there when I moved in, so they have been there at least 4 years. We also

noticed that the failure of the sidewalks were causing them to tilt and funnel water into

the building. We are hoping for a more equitable solution, since we have been trying

for so long. My understand from talking to DSI staff is that this came to a correction

order because when someone was sent to look at the sidewalks, instead of fixing them

they issued a correction order for the wall. There were other incidents as well that I

outlined in the appeal, including a water main break next to the sidewalk and the utility

contractor noticed that it had been leaking for years right where the settlement begins.

We think we've done everything possible to the fix this problem. We think that if the

sidewalk had been maintained properly, we would not be here today with this issue of

the wall. I understand that this is not the conversation for today, and that the only

opportunity is to file a claim against he City, but I still want to make my case before

the City Council.

Noecker: Thank you Mr. Cummings and your fellow residents for being here. I

understand your frustration and I am sorry for the prolonged process. Right now all we

are dealing with is: does the wall need to be fixed? I think it does. We just do not have

the capacity to litigate this or dig through the history of this to determine an equitable

solution. The right next step would be to file a claim, as Moermond said. I will move her

recommendation, and I am grateful that we have a full year to make these changes.

Brendmoen: I do also want to add that sometimes this action of a correction order can

catalyze things and get them rolling. We talked about deferred maintenance a lot this

morning and we need to take care of these maintenance tasks. I second the apology

and do support the recommendation.

Adopted

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Second Making finding on the appealed substantial abatement ordered for 575

PARK STREET in Council File RLH RR 21-71. (Recommendation is

forthcoming, pending Certificate of Code Compliance is received by

September 7, 2022)

RLH RR 22-39

Owner has evidence of finance and has two weeks to get a certificate of code

compliance before the matter comes back before Council.

Moermond: Last week I indicated that if the certificate of code compliance was

received by today, I would not be asking the Council to forfeit $5000 of the

performance deposit. The certificate has not been received, but I did meet with the

owner and I have seen evidence of financing. I recommend to continue the public

hearing for two weeks to give him time to get the certificate.

Councilmember Balenger moved to continue the public hearing in two weeks.

Public hearing continued to September 28, 2022

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Second Making finding on the appealed substantial abatement ordered for 595

PARK STREET in Council File RLH RR 21-72. (Recommendation is

forthcoming, pending approved plan and financing)

RLH RR 22-40

Evidence of financing is not in place and the work plan is viable. Granted 180 days to

abate the nuisance condition.

Moermond: As indicated in the previous case, the owner does have evidence of

financing. That is the last requirement to make the work plan viable. Therefore I am

recommending Council grant 180 days to complete the abatement of the nuisance

condition at this property.

Councilmember Balenger moved approval.

Adopted as amended (grant 180 days)

7 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

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.

A motion was made by Councilmember Yang to Approve the Consent Agenda

The motion carried by the following vote:

7 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Noecker, Councilmember Prince, Councilmember Jalali, Councilmember

Yang and Councilmember Balenger

Nay:

Appeal of Randall E. Mulligan to a Vacant Building Registration Notice at 1882

ASHLAND AVENUE.

RLH VBR 22-39

RLH TA 22-292

Adopted

Ratifying the Appealed Special Tax Assessment for property at 586

BURGESS STREET. (File No. VB2212, Assessment No. 228818) (Public

hearing continued to April 5, 2023)

Public hearing continued to April 5, 2023

Amending Council File No. RLH AR 22-64 to delete the assessment for Graffiti

Removal services during February 28 to March 29, 2022 at 625 CHARLES

AVENUE. (File No. J2207P, Assessment No. 228406)

RLH TA 22-324

Adopted

Appeal of Eric and Cassandra Larson to a Fire Correction Notice, including

Condemnation, at 920 CLARK STREET.

RLH VO 22-23

RLH TA 22-295

Adopted

Deleting the Appealed Special Tax Assessment for property at 1444 COMO

BOULEVARD EAST. (File No. VB2212, Assessment No. 228818)

Adopted

Appeal of Mark Younghans to a Fire Certificate of Occupancy Correction

Notice at 1191 EARL STREET.

RLH FCO 22-70

RLH FCO 22-73

Adopted

Appeal of Tarell Friedley o/b/o Home Company, LLC to a Re-inspection Fire

Certificate of Occupancy With Deficiencies at 213 FOURTH STREET EAST,

UNIT 201.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 935

IGLEHART AVENUE. (File No. VB2212, Assessment No. 228818)

RLH TA 22-293

RLH RR 22-11

Adopted as amended (assessment reduced)

Third Making finding on the appealed substantial abatement ordered for 1023

JESSIE STREET in Council File RLH RR 21-25.

Adopted as amended (nuisance condition abated)

Ratifying the Appealed Special Tax Assessment for property at 380 LONDIN

PLACE. (File No. J2212E, Assessment No. 228316)

RLH TA 22-280

RLH TA 22-112

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1672

MANTON STREET. (File No. J2208E, Assessment No. 228307) (Public

hearing continued to September 14, 2022)

Adopted as amended (assessment ratified)

Deleting the Appealed Special Tax Assessment for property at 232 MARIA

AVENUE. (File No. J2212B, Assessment No. 228116)

RLH TA 22-301

RLH TA 22-281

Adopted

Ratifying the Appealed Special Tax Assessment for property at 1565 MCLEAN

AVENUE. (File No. J2212E, Assessment No. 228316)

Adopted

Deleting the Appealed Special Tax Assessment for property at 420 OHIO

STREET. (File No. J2208P, Assessment No. 228407)

RLH TA 22-287

RLH FCO 22-79

Adopted

Appeal of Thomas E. Smith to a Correction Notice-Reinspection Complaint at

1322 PACIFIC STREET.

Adopted

Appeal of Rustam Rustami, Sogdiana Investments, LLC., to a Vacant Building

Registration Requirement at 1119 REANEY AVENUE.

Adopted

Deleting the Appealed Special Tax Assessment for property at 652

SHERBURNE AVENUE. (File No. J2208P, Assessment No. 228407)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 514 THOMAS

AVENUE. (File No. J2212E, Assessment No. 228316)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 733 THOMAS

AVENUE. (File No. J2212B, Assessment No. 228116) (To refer to September

20, 2022 Legislative Hearings)

Referred to September 20, 2022 Legislative Hearing

Deleting the Appealed Special Tax Assessment for property at 1080

UNIVERSITY AVENUE WEST. (File No. J2208P, Assessment No. 228407)

RLH TA 22-284

RLH AR 22-72

Adopted

Ratifying the assessments for Collection of Vacant Building Registration fees

billed during December 3 to March 17, 2022. (File No. VB2212, Assessment

No. 228818)

Adopted

Ratifying the assessments for Securing and/or Emergency Boarding services

during April 2022. (File No. J2212B, Assessment No. 228116)

RLH AR 22-73

RLH AR 22-74

Adopted

Ratifying the assessments for Demolition services from March 2022 at 120

Winter St. (File No. J2205C, Assessment No. 222004)

Adopted

Ratifying the assessments for Excessive Use of Inspection or Abatement

services billed during February 22 to March 18, 2022. (File No. J2212E,

Assessment No. 228316)

RLH AR 22-75

Adopted

Ratifying the assessments for Graffiti Removal services during April 4 to May

17, 2022. (File No. J2208P, Assessment No. 228407)

RLH AR 22-76

Adopted

ADJOURNMENT

Meeting ended at 5:24 PM

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

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

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