St. Paul City Council — Transcript

Tuesday, September 15, 2026

Dust Mitigation Ordinance Proposal

City Council Legislative Attorney Analysis

Votes (2)

Dust Mitigation Ordinance Proposal

No formal vote taken; policy committee discussion to gather feedback and determine next steps. Council members expressed general support for moving forward with drafting language.

The proposal aims to address severe dust and air quality issues in the Southport neighborhood, stemming from nearby industrial activity and unpaved roads. Residents shared personal stories of health impacts (asthma, respiratory issues) and property damage due to chronic dust accumulation. The proposed ordinance, modeled after Detroit's, would require industrial facilities to submit proactive 'fugitive dust plans' detailing control procedures, staff training, and contingency plans. Enforcement would be complaint-based through DSI, with fines potentially allocated back to the affected community for environmental justice efforts. The discussion highlighted the need for a local enforcement mechanism, as state agencies like MPCA have not adequately addressed the issue.

City Council Legislative Attorney Analysis

No formal vote taken; policy committee discussion to inform future consideration. Council members expressed interest in continuing the conversation.

The presentation detailed the legal and structural challenges of establishing an independent city council attorney within St. Paul's strong mayor system. The city charter designates the city attorney as serving the entire city, appointed by the mayor with council consent, making the city the client. Research on other cities (e.g., Minneapolis's study of Seattle, New Orleans, Jacksonville) showed various models, many of which still defer ultimate legal authority to the primary city attorney. Pathways explored included increasing existing city attorney staff capacity dedicated to the council or refining administrative code responsibilities, acknowledging that a truly independent counsel would likely require a complex charter change. Discussion touched on the council's desire for increased capacity and an equalized power dynamic, particularly regarding legislative drafting and avoiding policy delays.

Notable Quotes (11)

residents who have been living in this area for generations and decades have faced and had to carry the burden of this nearby industrial activity. Um, so being lots of dust in the air, uh, smells of burning smells, sewage smells, weird chemical odors, um, lots of noise and vibrations and the shaking of homes and foundations, um, and then heavy truck traffic due to the industrial activity that is in the area.

Miguel Breto [0h3m5s]
Dust Mitigation Ordinance Proposal

It shouldn't be a luxury to breathe in clean air or worry about what kids what my kids are going to breathe in because this issue is the main reason not the only one but one of the many that we have made the difficult decision to move out of our home.

Samantha Sanchez [0h12m51s]
Dust Mitigation Ordinance Proposal

The proposed ordinance has a really simple goal of reducing total suspended particullet, particulate matter, and dust from Southport Industrial to improve air quality and health outcomes for the residents of Southport.

Ashlin Kenzior [0h15m24s]
Dust Mitigation Ordinance Proposal

So, we don't want to relegate this to a permitting procedure. We want to effectuate this MPCA rule with a specific city ordinance.

Ashlin Kenzior [0h19m49s]
Dust Mitigation Ordinance Proposal

I really appreciate the story that you shared about your um about asthma. I mean, the additional the the much higher asthma related emergency visits in this area are really alarming. Um, and my son also has asthma and so I know what it's like to have to do a nebulizer every day. And I just want to point out that it's a lot of work and it's really expensive even if you have insurance. And so, as much as we can mitigate that for for our youngest residents, I really support that.

Council Member Jo [0h27m14s]
Dust Mitigation Ordinance Proposal

So, to be clear, the St. Paul Port Authority um created and helped create this the the the uh Southport properties back in 1964. We are a land owner. Uh, but we have leases with all the private sector tenants that are down on Southport. It is our expectation that our tenants do work with the MPCA who is the governing authority around dust mitigation uh on a complaint basis uh in the state of Minnesota.

Todd Hurley [0h33m39s]
Dust Mitigation Ordinance Proposal

our current city charter does not contemplate a separate and independent attorney for the city council that the city is seen as an entity by itself and that the city council that the city attorney acts on behalf of that entity.

Mr. Greenfield [0h38m36s]
City Council Legislative Attorney Analysis

identifying who the client is is the barrier for saying whether there is a conflict of interest and the client in this situation is the city of St. Paul through all its elected and constituent um members who make decisions.

Mr. Greenfield [0h45m46s]
City Council Legislative Attorney Analysis

I think that there's always it's always beneficial to us to hear about what they are thinking and what kind of questions they may have. um because these are folks that volunteer to be on the charter commission and I feel like sometimes interesting topics for them shouldn't be these big opaque topic areas that we're shy to go to the commission and ask the community what they think about certain things.

Council Member Johnson [0h49m50s]
City Council Legislative Attorney Analysis

I'd be interested to know there's sort of a a subset of these 27 that relates to frequency of reconfirmation. Um, doesn't get to capacity, but does get a little bit to power.

Council President Akre [0h51m44s]
City Council Legislative Attorney Analysis

I think to my mind really the foundational question is what obstacles are we trying to solve for um with any potential change and that's I think come up in council member Johnson and council president Akre you know there are capacity questions that have certainly come up there's sort of questions about being on an equal footing with the mayor there's I I think there are a lot of different things that we could identify even just from the last year where there have been touch points or frustrations

Council Member Coleman [0h53m5s]
City Council Legislative Attorney Analysis

Ordinances & Resolutions (7)

Dust Mitigation OrdinanceOrdinance

Proposed city-wide ordinance to reduce total suspended particulate matter and dust from industrial areas.

Cumulative Impacts BillBill

Minnesota state legislation defining environmental justice areas based on demographic criteria.

Fugitive Dust PlanPlan

A proactive plan required from facilities under the proposed dust mitigation ordinance, detailing dust control procedures.

Wage Theft OrdinanceOrdinance

Mentioned as an example of a local ordinance that complements state law by providing local enforcement power.

St. Paul City CharterOther

The foundational document governing the organization, powers, and duties of city officials and departments, including the city attorney.

Administrative CodeOther

City regulations that amend or regulate the conduct of city business, containing a chapter specific to the city attorney's office.

Rules of Professional ConductOther

Regulations governing the ethical responsibilities of attorneys in Minnesota, relevant to discussions of client identification and conflicts of interest.

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