City Council - Regular Meeting

Call the meeting of the Saint Paul City Council to order. Roll call, please.

Kim. Here. Yang. Here. Bowie. Here. Coleman. Here. Johnson. Here. Jost. Here. And Council President Nacre. Here. That is seven present, none absent.

Welcome everyone and thank you so much for joining us for our city council meeting today. We invite everyone to join us in standing for the Pledge of Allegiance. I pledge allegiance to the flag of The United States Of America and to the republic for which it stands, one nation under God, indivisible, liberty and justice for all.

Consent agenda items four through 23 are before you for your consideration.

I know we are pulling number 17 from consent. Is there anything else to be taken from the consent agenda? Seeing none, I'll take a motion from Vice President Yang for the balance of the consent agenda. All in favor say aye. Aye. All

opposed. Seven in favor none opposed the consent agenda is adopted as amended. Item 17 resolution 26 dash eight thirty seven finding that the class a valet inc violated St. Paul legislative code chapter two twenty four and imposing restitution in the amount of $21,658.

And I wanted to pull this item off of consent because this is a really important action that the city is taking. It's not one that often comes to the city council normally because we have employers who are more responsive to our human rights and equal economic opportunity department. And in this case, that did not happen. So wanted to welcome folks from our human rights department to say a little bit more about what we are seeing here and why this is in front of us.

Thanks, Council President. Andrea Ledger, the Interim Director of the Hero Department, joined by our Assistant City Attorney, Libby Kantner, who's going to do the bulk of the presentation, I'm happy to answer any policy questions that you have.

Welcome, Kantner.

Thank you, Council President and Council Members. Libby Kantner, as Director Ledger said with the the attorney's office. So today, we are bringing to you the first minimum wage violation that's been before the city council. As you may know or remember, the minimum wage ordinance was adopted in 2018, but the majority of the complaints that the department receives are resolved through predetermination settlement agreements with the employer. These are agreements where the employer hero and the complainants work together to correct their wage violations and issue back pay to employees.

They sometimes even enter into monitoring and compliance agreements with these employers to make sure that the employers continue following the rules going forward. But in this case, we have a situation where the employer has not been willing to work with HERO, and we are hoping to bring this to a council vote today to increase procedural protections, transparency, and council oversight. To be clear, the role of hero is to investigate the complaints and make findings on whether the ordinance was violated. And then the role of the city council is to adopt those findings or not and impose or not impose the restitution amount. So Class a Valet is the contracted valet parking services company that previously operated out with a restaurant in the city of Saint Paul.

They had a contract with the restaurant from February 2024 to March 2025. In February 2025, the department received a complaint alleging that class a had violated the minimum wage ordinance, specifically that they are underpaying their employees and failed to provide required notice of rights to employees. The complainant, who was a former employee, submitted a pay stub to the department showing that he was only compensated $12 an hour during a two week period in 2025 when the pay at that time for the business should have been $14 an hour at a minimum. He also submitted screenshots of text message exchanges with the owner of class a where the employer lied to him about how much you'd be paying. So on 01/10/2025, the complainant texted the owner and said, today is 14 an hour.

Right? And the employer said, yes. But then after the complainant received his pay stub that showed $12 an hour, he sent that back to the employer along with a screenshot of the text exchange and said, this was my first shift at the restaurant. You never told me it was $12 an hour. Respondent said, that's what it is. Complaint says, how am I supposed to know that when you tell me it's 14? Respondent said, sorry. That's the wage. So not only was he paying below minimum wage, but he was kind of deceiving employees to think they might be getting a higher wage. Here I did a thorough investigation completed by miss Samantha Ng, who's here in the audience today.

She did a great job, dotting the i's and crossing the t's. She collected documents from the complainant, interviewed complainant and witnesses, and spoke and emailed with the employer. A big part of labor standards investigations is getting documentation, seeing how much was paid, how many hours were worked, and when. And Miss Ng made several attempts to get these documents from the employer. She sent a notice of investigation.

She requested and scheduled two interviews, which she did not attend. She called, emailed, and mailed the employer. And then back in August, we took the extraordinary step of seeking an administrative search warrant to actually get the records from the employer. The warrant was served on on the employer, and he still did not provide the records. But although he didn't provide the records, he did admit in writing that he was violating the ordinance.

This is an excerpt from his email where he said, I received a letter about asking how much I was paying my people. We were paying $12 an hour until I saw the rate was $14 an hour. As I mentioned, this was approximately seven workers in the business, so it qualified as a small business under the ordinance. And the required minimum wage for small businesses during the time of contract was either $13 an hour or $14 an hour, depending on what the date was. Under the other allegation of failure to give notice, section two two four point zero eight of the ordinance requires employers to give employees annual notice of the required minimum wage and their right to report violations.

Complainant alleged she was not given notice. Employer did not provide hero with any evidence either way. That creates a rebuttable presumption of a violation, and the employer has not rebutted or contested either this or the other violation. So working with the information that Ms. Ng was able to collect during the investigation, we determined that about $10,000 $10,829 were owed in back pay to the employees for the term of the contract.

That's about 7 employees and about $1,500 per employee. And there's the option to impose liquidated damages as well, which is either the greater of the amount wages withheld from the employee or $250. So in this case, it would be the exact same amount as the back pay. And it's appropriate to impose liquidated damages when the employer has shown has not shown that their violations were reasonable or done in good faith. So the, department is recommending that liquidated damages also be imposed for a total restitution of $21,658.

Today, the department is asking that the city council find that class a valet violated these sections of the ordinance and imposed the restitution amount of $21,658 upon class a valet. If the resolution is adopted by counsel, the city will issue a formal restitution order to the employer, and the aggrieved employees can also use this order and this resolution to bring action in district court against the employer.

Great. Thank you so much for the presentation. A comment and a question. Think the question is, is this a situation in which administrative citations would be useful? I'm wondering what the city's recourse is when someone sort of continues to not just not give documents, but ultimately not pay.

In this case, administrative citations would be helpful probably on the negotiation front, to signal to the employee that they are actually in violation and we can impose additional penalties beyond just the back pay and damages. So forcing them to the table, so to speak. I will say this is an unusual situation. Usually, we have compliance, as you noted, through our PDSA process, but also allows potentially the city to have skin in the game in terms of the the monetary, piece of this. Right now, as, city attorney, Kintner, said, the engraved employees at this point can now take this finding to court.

The employee at that point has a claim. If the city were to impose administrative citations, the city would also have the additional claim against the employer.

Well, I will just say I'm very supportive of this action today. I see my colleagues have comments as well. And I'll just say, I think it's really it's critical that we are daylighting the fact that this is this company Class A Valet, is no longer operating in St. Paul, is operating in Minneapolis, is acting in this fashion. I think it's really important to be to hold these companies accountable.

One of the ways we can do that is through this kind of transparency, this kind of forum. And as someone who is here when we pass the minimum wage, I remember we talked about how you pass the ordinance, and that's the moment when you get the headlines. But it's everything that happens after that that actually determines whether or not that ordinance protects people. And so it's the work that your department has been doing. It's this sort of following through this kind of action and ultimately getting these damages and this restitution for the people who are owed it that makes the ordinance meaningful. So I just I really want to thank you for the hard work and for bringing this to us today. I saw, I think, Ms. Jost and then Ms. Coleman.

Thank you, Council President. Thank you, Director Ledger and Ms. Kanner. I had a question. So the liquidated damages being equal to the amount of back pay that was not paid, is that also divided up amongst those seven employees, basically?

Yes. Correct.

And then other question, so is there not an opportunity also for them to get like interest on unpaid wages?

I don't think the ordinance provides for that. I'll defer to you.

Yeah, I don't think that is in the ordinance. I can look it up.

I would say that if they got a broad small claims court action and got a judgment interest is calculated from the do have options to get judgment from the time it's entered.

Thanks.

Thank you. Miss Coleman. Thank you. Thank you all so much. I just I don't have any questions. Just really wanted to say huge congratulations to the hero team and CAO. This is really there is such a crisis of workers' rights enforcement across the country. And so to see Saint Paul taking the lead in such an important way and really making sure that these workers who were meaningfully wronged and harmed in a way that has I mean, that's a lot of money. Over $1,000 per employee, that's rent, that's food, that's car payments. That's huge. And so being able to take this action and to show other employers who would violate our laws that that's not going to fly in St. Paul is, I think, a it's a huge, huge, huge step and something that I hope people feel really proud of.

So thank you. Thank you. Any other comments? Ms. Bui?

Thank you. I just want to thank the council president. And I just want to echo what my colleagues had shared. I really am happy that we have passed administrative citations and we have this effective tool to actually protect people. This is like an example here. I do have a question particularly around understanding this is a contract service business. And like, for example, we know the results in terms of the liquidation and the damages. But is there any other violations? I guess, what are the outcomes? Is this company able to work in St.

Paul again? If you could talk about what are some things that's beyond just like the financial fees and fines, but anything aside from that?

So, as Council President Nacre noted, they aren't currently operating in St. Paul. And this is also a unique situation in that this is not a type of business that we license in the city. If it was a business that we licensed, there might be some more opportunities for us to maybe withhold their act their license or take action against their license. But because we don't control that here, we we can't. But at this time, yes, Class A could come in and and sign a contract with another restaurant or another business to to do valet parking services there.

Okay. I would add that more generally, it's actually had us rethinking how we might explore other solutions. And one thing we've talked about is looking at the state licensing boards as well, which is why your action today is important for similar contracts businesses to the extent that these businesses are licensed statewide, we can forward your finding onto them. Thank you.

Any other questions or comments? Otherwise, I will take a motion. Oh, time is Johnson.

Sorry, I was wasn't going to say something. Then I was like, you know what, actually, I think it's really important to uplift work. And I thank you, president council president for pulling this from the agenda. I think just with the thorough investigation and some of the things we've heard about, this is a primary example of an option where the city's rollout around administrative citations will be really important moving forward. I do appreciate the questions to that.

This is an example rate it's an example of wage theft. We have other ordinances like tenant protections too that also are looking to administrative citations to be even more effective than this step that we're taking today. And so I'm looking forward to just kind of working and continuing to see that see the work group that's working on this implementation to take and prioritize examples like wage theft, because we're acting on those things now, to take and prioritize ordinances like tenant protections that are already in effect because we could be doing even more than this. And I look forward to kind of seeing our hero department continue to be able to work on these items as well with the full staffing and backing of what I hope to be a director soon. And so just really excited about the work that is going to be going into these because to me this is for some people that see the difference between, oh, it's $2 an hour.

And it's like, but when you're taking a role that you're looking to have and expecting to actually make a certain wage, you should be able to do that here in our city. So I just think that's really important. Thank you. Thank you. Ms. Bouie? Thank you, council president.

And I just had a quick question because I am also in full support of imposing this restitution. But after we take this action, can you walk us through for our millions of viewers in terms of what does enforcement looks like? You know, I've seen time and time again where even in, like, the court in our housing court or eviction court where a tenant was able to get their down payment or, excuse me, not their down payment, their security deposit back, but they have been chasing, you know, that person. In this case, what is like the enforcement mechanism? Is it like the Department of Revenue is involved? Are there other entities to ensure that the back pay is restored to those employees?

I'll defer to mister Staley or miss Kantner in case I'm speaking out of turn here. But right now, the answer is that the complainants in this case will have this order from you that they can take then to small claims court. And that is their best avenue at this point for actually getting restitution. What I would say is that I think one of the things we're exploring is in the case of administrative citations, if we had been able to impose administrative citations here, we may have more avenues as the city to be able to also have our own standing with that employer to be able to try to collect in a more formal legal setting. But again, I think we need to further explore that.

But your action today will give the complainants evidence that they can take small claims court. Court. Is that fair?

Yeah, and I would just add that we will also, you know, be doing everything we can to try and collect on the restitution as well, or collect for the And like we talked about, if there was an instance where maybe they had a license in the city or something, we're trying to look at other creative solutions where we could try and get compliance as well. So not a ton of options in this specific instance, but small claims court is a great option for the employee.

Alright. Well, thank you again. Thanks for the great questions and, clarification of what this ordinance does and doesn't do. And I'm really, glad we're taking this action today. I will take that as a motion for approval from Ms. Bui. Any further discussion? All in favor say aye. Aye. All opposed?

Seven in favor, none opposed. The resolution is adopted. Item 24, Ordinance 20 five-four, amending Title five of the Administrative Code to add chapter 92 titled Tree Preservation for City Sponsored Projects.

Oh, 23.

We need to get back up.

I'm thinking about that. I'm sorry. We can state that. Yes. Right, right. No, you're right. Okay. So this is before us for final adoption. I am going to move to lay it over until June 24 for actual final well, for probably a public hearing and a lot of amendments from the last time we saw this. I want to be really clear that this not being laid over because of lack of action.

It is actually being laid over because there has been so much great action going on on this. There has been citywide work, especially between the departments of parks and rec and public works, which is important because those are the two departments that are gonna need to be working really closely together when this ordinance goes into effect. So the process is actually kind of part of the goal here, and it's getting us to the outcome that we want just through the process. There's been citywide work and engagement with many district councils, almost all district councils across the city. Our public input group continues to be really active.

And we just we don't want to rush to get it done. We want to get it done right. And the other advantage here is that it will be ready to implement once it's passed. We will not have a separate rule setting process or standard operating procedure process. All of those details are being figured out in the midst of this ordinance process. So we're not going to to reverse engineer it. It's just going to be ready to go on June 24. So I want to thank all the departments that are working hard on this, the public input group, and especially my legislative aide, Megan Jeckett, who jokes that this is a part time job. But it's not really a joke. And I appreciate my colleagues' forbearance because I know this is at least the third time that I have asked for this to be laid over.

But it's going be great. So I wouldn't move a layover until June 24. Any discussion of that motion? Ms. Kim?

Yeah, I think just to affirm exactly what you said, I so appreciate the amount of time and attention that you're putting into this. And in the ward that has one of the worst tree equity scores in the city, I just like on behalf of Board five, I'm so grateful that this is like something that your office has been leading on. And I'm very supportive of the layover because of the amount of work and engagement that your office has been doing. So really appreciate it. Thank you.

Ms. Booy. And I just want to echo that as well. Council President, also Jacket, your LA has done amazing work. I was really impressed with getting all of the outreach, particularly through the district councils. I know this is something that's really top priority when it comes to Frogtown Neighborhood Association. There's been endless conversations. And, you know, one of the silver linings about laying this over is get more input from my constituents who have a lot of questions that I would love to also iron out with some of my colleagues and you who are who's leading on this ordinance. So again, just you know, for those who are watching and listening, please, provide feedback, provide input. And I just want to say thank

you so much for your work.

Thank you, Ms. Bui. This will actually go to the Parks Commission on June 11. And it will be available for public viewing on June 4, week earlier than that. So there will be lots of conversation. I will make sure to be walking around, of course, with all of your offices, but also for the public's information. This will be publicly available significantly before it comes to us at council. So with that, thank you for the kind comments. All in favor of the layover please say aye.

Aye. All opposed? Seven in favor, none opposed. The ordinance is laid over to 06/24/2026. Item 25, Resolution Public Hearing 20 six-eighty one, amending the financing and spending plans in the Department of Public Works capital budget for the Wheelock Grotto Phase II Street Reconstruction Project. So this brings us to

the public hearing section of our agenda. If you are here to speak on any of the following items in the public hearing section, when your item is called and I say, this is a public hearing, if you're here to speak, please come on up, you would just come up, stand right in between those two microphones. You don't need to touch them or adjust them. They'll pick you up just fine. You'll have two minutes to testify. We ask that you start with your name and where you're coming from. And then you're free to speak on the subject. After you're done testifying, there's a sign in sheet on both sides. And we ask that you sign in. With that, this is a public hearing on number 25. If you're here to speak on this item, please come on up. Seeing none, I will take a motion from Ms. Kim to close the public hearing and approve. All in favor say aye. Aye.

All opposed? Seven in favor, none opposed. The resolution is adopted. Item 26, resolution public hearing 20 six-eighty two, accepting local road improvement funding from the state of Minnesota and amending the financing and spending plans in the department of public works capital budget to add this funding to public works pedestrian improvement projects.

This is a public hearing. Is there anyone here to speak on this item? Seeing none, I will take a motion from Ms. Johnson to close the public hearing and approve. All in favor say aye.

Aye. All opposed? Seven in favor, none opposed. The resolution is adopted. Item 27, resolution public hearing 20 six-one 106, establishing the financing and spending plans in the Department of Parks and Recreation in the amount of $100,000 to reflect funds received from the Minnesota Twins to support youth baseball and softball.

This is a public hearing. Is there anyone here to speak on this item? Seeing none, I have two young Ward 2 constituents at home that would be very upset if I didn't say thank you to the Minnesota Twins. I will move approval. All in favor say aye. Aye. All opposed?

Seven in favor, none opposed. The resolution is adopted. Item 28, Resolution Public Hearing 20 six-one 107, amending the financing and spending plans in the Department of Public Works capital budget to transfer municipal state aid funding into projects.

This is a public hearing. Is there anyone here to speak on this item? Seeing none, I'll take a motion from Ms. Jost to close the public hearing and approve. All in favor say aye.

Aye. All opposed. Seven in favor, none opposed. The resolution is adopted. Item 29, resolution public hearing 20 six-one 108, amending the financing and spending plans of the Department of Public Works capital budget for the 2026 sidewalk reconstruction program.

This is a public hearing. Is there anyone here to speak on this item? Seeing none, I'll take a motion from Ms. Coleman to close the public hearing and approve. All in favor say aye. Aye.

All opposed? Seven in favor, none opposed. The resolution is adopted. Item 30, resolution public hearing 20 six-one 117, authorizing the execution of an MOU accepting $10,000 gift and in kind travel support from the cities for a financial empowerment fund and amending the spending and financing budget for the cities for financial empowerment grant.

This is a public hearing. Is there anyone here to speak on this item? Seeing none, I'll take a motion from Ms. Bui to close the public hearing and approve. All in favor say aye. Aye.

All opposed? Seven in favor, none opposed. The resolution is adopted.

This brings us to the legislative hearing section

of our agenda. Legislative hearing consent items 31 through 38 are before you

for your consideration. Welcome, Ms. Mormont.

Good afternoon, council president. I don't believe there's anyone here to testify on a legislative hearing item. Okay.

So we will now hold a public hearing on all of our remaining items, items 31 to 38. Is there anyone here to speak on any of those items? All right. Seeing none, I will take a motion from Vice President Yang to close the public hearing and approve the items with the amendations and recommendations of the legislative hearing officer. All in favor, please say aye.

Aye. All opposed? Seven in favor, none opposed. The legislative hearing consent agenda is adopted as amended.

Before we go to news from the wards, we do have a few young folks here in the chambers today who I think might be here from school. And we always like to give you an opportunity, if you're here on a school project, to come on up and stand in between the two microphones so that you're on all five cameras, also live on YouTube at this moment so your teacher knows you are here. And just tell us your name and what you like best about St. Paul. So if any of you in here meet that description and feel moved, Called. Come on

up. Come

on up. Come on. You can do it. One of you can do it. Absolutely not. You know you want to. You know you want to. All right. We're going to give you a minute to think about it while we share good news. And then we're going to look back at you awkwardly for a long period

of time and hope that you come up.

All right. News from the wards.

Ms. Kim. The Food Truck Fridays are still on 907 Payne Avenue at the parking lot at the corner of Payne in York, three to 7PM every other Friday. Please join us there. And a few weeks ago, I shared the amazing good news of our Soapbox Derby. Some of

you have accepted my invitation.

Some of you I'm still waiting to hear. No pressure. But not next Tuesday, but the following Tuesday, we will be defending our title against Minneapolis in the Soapbox Derby at Hidden Falls. Be there or miss out on the fun. Soapbox builds are finishing this week. So if you haven't had the chance to go out and to check-in on your teams, I strongly encourage you to do it. It's really fun. Chelsea Heights team had three kiddos when I was there and two broken arms in So the I really wonder who's driving, like TBD. But please consider coming. It's a great Parks and Rec opportunity. And again, we've got to defend our title on home turf. So next Tuesday, Hidden Falls, five to 7PM.

Awesome. It sounds like it's going be a lot of fun.

Ms. Coleman. I just have a clarifying question.

Were the broken arms related to the derby or separate?

You know, I great question. Councilmember Coleman, I did not have a follow-up question for that. Right? But if six arms, two are broken.

Cool. Okay. Sounds fun.

And also scary. Vice President. Thanks, Council President. I wanted to share about the Pain Failing Community Council's monthly meeting that they're having. It's on Tuesday, May 26 from 6PM to 8PM at Arlington Hills Community Center. They are going to have Mayor Kaliher there so that she can hear from residents about their thoughts, concerns, ideas about Northern Iron, which is foundry in the East Side in Ward 6, and I will be there too. So I wanted to let folks know about coming there. Thanks, BP. Other news?

Miss Bui? I have a couple here. So all coming from Parks and Rec are amazing programs. We have the Rondo Baseball Initiative that's hosted on Mondays and Wednesdays from 05:30 to 7PM. So if you have little kiddos in the Rondo neighborhood from age eight to 11, they can join the Rondo baseball team.

We have also the stop the violence basketball event, free vendors, basketball games, music, guest speakers, celebrities, I'm not sure who those celebrities are, but face painting that's gonna take place at Frogtown Community Center, Saturday, May 30. And also, on that same day, May 30, we have the David Winfield ceremony. I'll give more information, but you can find it all on social media. And last but not least, this is not from the ward, but it's inspired by my ward. I actually, when I was in college, was on the planning committee for the Malcolm X conference, and the late, great mentor of mine, Mel Reeves, had and also Elder Youssef Imogene, both led the Minnesota Malcolm X conference.

We've had it in St. Paul and in Minneapolis. It's going to take place this Saturday, May 23. My good friend, Tandy Seasway, is carrying on the baton and asking for people to join as we're talking about just liberation politics and education. It's gonna take place in at the North Community High School. You can find it online from 9AM to 7PM. Lots of discussion. We'll have tons of elders there. All free vegan food hosted by Tani Seasway, who is a vegan chef, vegan by nature. So please look it up.

Again, it's not in Saint Paul, but it is deeply rooted in our mission and community. And I told her if I promote it this year, I would love to see it next year hosted in St. Paul. So, stay tuned. But yeah, it's taking place this memorial weekend.

Awesome. That sounds like a lot of fun. Especially appreciate the vegan food. You don't have

to Yes.

I will share just because it's actually not till after next week's meeting, but it is right after next week's meeting. And I want people to have time to plan and dress and mark their calendars. The Saint Paul Parks Conservancy is hosting its twenty twenty six party for the parks at Harriet Island next Wednesday, 05:30 to 08:30PM. It is celebrating Saint Paul Parks and the people who make them great. And it is going to have a performance by Circus Juventus, food from Boca Chica, original music by Thomasina Petrus and Tom West, music, dancing, and vibes with DJ Glow. Great vibes, not just vibes. So a lot of excitement. So I really encourage people to come. I will definitely be there, which is another selling point of the event. Any other news?

Anyone who wants to come talk to us? Sorry, just the students. Yep. Okay. And with that, we are adjourned.