Approved Minutes 1-31-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 31, 1996 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:35 p.m. by Vice President Rettman.
Present - 5 - Councilmembers Blakey, Bostrom, Harris, Megard, Rettman
Absent - 2 - Council President Thune (excused), Guerin (arrived after the consent agenda)
CONSENT AGENDA
FOR ACTION
Councilmember Rettman requested Item #6, D00824, be removed and laid over one week,
and Item #22 be removed for discussion.
Councilmember Megard requested Items #7, 17 and 18 be removed for discussion
Councilmember Harris moved approval of the consent agenda as amended.
Yeas - 5 Nays - 0
1. Approval of minutes of October 4, 1995, and January 10, 1996 and the October 4, 1995
Board of Public Health Meeting.
Adopted Yeas - 5 Nays - 0
2. Claims of Rick and Nancy Mason Hauser, Daniel and Susan Krotz, Jessica Marier, Carrie
Pluth, Douglas Rasmussen and Claudius Wilken.
Referred to the City Attorney's Office
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on February 14, 1996, to consider amendments to the
Grand Avenue Special District Sign Plan.
4. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on February 14, 1996, to consider amendments to the
Highland Village Special District Sign Plan.
5. Communication from Saint Paul Animal Control dated January 22, 1996, announcing a
request from the University of Minnesota Research Lab for unclaimed dogs and cats.
January 31, 1996 City Council Summary Minutes Page 2
6. Administrative Orders:
D00817 Authorizing the Saint Paul Police Department to remit payment to the
Radisson Hotel for classroom space for seminar held on November 14 and
15, 1995.
D00818 Addition of $4,965.95 to the contract for remodeling of the Harriet Island
Pavilion.
D00819 Authorizing the Saint Paul Police Department to pay for expenses related to
the Volunteers Banquet at the Sheraton Inn Midway on February 9, 1996.
D00820 Authorizing Saint Paul Public Health to remit payment to Rainbow Foods for
gift certificates given to participants in the Childhood Anemia Study.
D00821 Addition of $2,235.00 to the contract for play equipment and picnic tables for
the Prospect Park Play Area Development.
D00822 Addition of $1,911.00 to the contract for remodeling at the Fuller Street
Head Start Facility.
D00823 Addition of$1,800.00 to the contract for additional work at Spruce Tree
Centre Parking Ramp, 1600 University Avenue.
Noted as on file in the City Clerk's Office
D00824 Amending the 1996 budget in the Finance & Management Services
Department, Citywide Information Services, to provide additional assistance
by temporary employees for local area network and personal computer
support.
Laid over to February 7
D00825 Authorizing the payment of travel expenses for Los Angeles County Sheriff's
Deputy Wayne Wallace to testify at an Administrative Hearing in Saint Paul.
D00826 Authorizing payment to River Valley Preservation in an amount not
exceeding $6,902.98 for its expenses to operate in a temporary location due
to the delayed completion of the Harriet Island Dock.
Noted as on file in the City Clerk's Office
7. (Discussed later in the meeting)
8. Resolution - 96-69 - Approving the appointment of Joseph Beissel, by Mayor Coleman, to
the Skyway Governance Committee. (Laid over from January 24 for adoption)
Adopted Yeas - 5 Nays - 0
9. Resolution - 96-70 - Approving the appointment of Eloisa Echavez, by Mayor Coleman, to
the Youth Fund Board. (Laid over from January 24 for adoption)
Adopted Yeas - 5 Nays - 0
January 31, 1996 City Council Summary Minutes Page 3
10. Resolution - 96-92 - Approving the appointment of David Hall, by Mayor Coleman, to the
Mayor's Advisory Committee for People With Disabilities. (To be laid over one week for
adoption)
Laid over to February 7 for adoption
11. Resolution - 96-93 - Approving the appointment of Earl F. Kyle, IV, by Mayor Coleman,
to the Saint Paul Human Rights Commission. (To be laid over one week for adoption)
Laid over to February 7 for adoption
12. Resolution - 96-94 - Approving the appointments of Lydia Belair and Michael Sharpe and
reappointments of Willetha Carter, Joyce Maddox, Dave McDonell, Imogene Treichel,
Barbara Wend and Mark Vaught to the Saint Paul Planning Commission. (To be laid over
one week for adoption)
Laid over to February 7 for adoption
13. Resolution - 96-95 - Approving the 1994 - 1996 Agreement between the City of Saint Paul
and the American Federation of State and County Employees, Local 3757 - Legal. (To be
laid over one week for adoption)
Laid over to February 7 for adoption
14. Resolution - 96-96 - Approving the June 1, 1994 - May 31, 1997 Agreement between the
City of Saint Paul and the International Union of Elevator Constructors, Local 9. (To be
laid over one week for adoption)
Laid over to February 7 for adoption
15. Resolution - 96-97 - Approving the 1994 - 1995 Memorandum of Agreement between the
City of Saint Paul and the Operative Plasterers and Cement Masons International
Association, Local 633. (To be laid over one week for adoption)
Laid over to February 7 for adoption
16. Resolution - 96-98 - Approving the May 1, 1994 - April 30, 1997 Agreement between the
City of Saint Paul and the Sheet Metal Workers International Association, Local 10. (To
be laid over one week for adoption)
Laid over to February 7 for adoption
17. (Discussed later in the meeting)
18. (Discussed later in the meeting)
19. Resolution - 96-101 - Transferring 1991 MSA funding from the 1994 MSA Contingency
and transferring prior year CIB funding from the 1994 Special Contingency - CSSP Paving
Project to the 1995 CSSP Paving Project.
Adopted Yeas - 5 Nays - 0
January 31, 1996 City Council Summary Minutes Page 4
20. Resolution - 96-102 - Authorizing the proper City officials to execute Minnesota
Department of Transportation, (MnDOT), Cost Participation Agreement, for MnDot's
share of construction costs of signal work on Robert Street at Kellogg Boulevard and
Fillmore Street.
Adopted Yeas - 5 Nays - 0
21. Resolution - 96-103 - Authorizing Como Park Zoo to place two wolves with the Grand
Park Zoo in Seoul, Korea.
Adopted Yeas - 5 Nays - 0
22. Resolution - 96-104 - Authorizing Como Park Zoo to place one giraffe with the Blank Park
Zoo in Des Moines, Iowa.
Adopted Yeas - 5 Nays - 0
7. Resolution - 96-68 - Approving the appointments of Marjorie Ebensteiner and Kathie
Battle and the reappointments of Shem Shakir, Kou Vang, Mary Pickard and Frank
Gurney, by Mayor Coleman, to the Neighborhood Sales Tax Reinvestment (STAR)
Program. (Laid over from January 24)
Councilmember Megard moved approval of the resolution and stated she would be placing
a resolution on the February 7 City Council agenda to clarify qualifications for
membership on the Neighborhood Sales Tax Board as she does not believe the intent of the
resolution pertaining to membership is being followed, i.e. that members of the CIB
Committee, Planning Commission, District Councils, etc. be current members and not just
representatives of an area.
Councilmember Guerin said he agrees with the interpretation provided by the City
Attorney that if a person lives in a community council area, that person is a member of the
community council and does not have to be an official board member.
Adopted Yeas - 6 Nays - 0
17. Resolution - 96-99 - Accepting $70,181 in federal funds to implement a One-Stop Career
Center.
Councilmember Megard noted that Items 17 and 18 indicate the 1995 budget is being
amended and both resolutions should be amended to read "1996" budget.
Adopted as amended Yeas - 6 Nays - 0
January 31, 1996 City Council Summary Minutes Page 5
18. Resolution - 96-100 - Accepting $55,471 from the Minnesota Department of Economic
Security to be used for local coordination of employment and training program services
within local One-Stop Service Area.
Councilmember Megard moved to amend the resolution to read "1996" budget rather than
1995 budget.
Adopted as amended Yeas - 6 Nays - 0
FOR DISCUSSION
23. Resolution - 96-25 - Amending Civil Service Rule 2, Definitions, to make them a more
complete reference for users. (Laid over from January 17)
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
ORDINANCES
24. Final Adoption - 95-1517 - An ordinance amending Chapter 310 of the Saint Paul
Legislative Code by streamlining the licensing process so that certain Class III renewals
could be approved administratively.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
25. Final Adoption - 96-33 - An ordinance extending the NSP gas franchise from March 31,
1996, to June 30, 1996.
Councilmembers Megard and Blakey moved approval.
Adopted Yeas - 6 Nays - 0
26. Final Adoption - 96-34 - An ordinance extending the NSP electric franchise from March
31, 1996, to June 30, 1996.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
January 31, 1996 City Council Summary Minutes Page 6
27. Second Reading - 96-77 - An ordinance amending Sections 60.202, 60.532, 60.612,
60.624, 62.106, 62.108, 64.100, 64.205, 64.206 and 64.300 of the Saint Paul Legislative
Code pertaining to zoning.
Laid over to February 7 for third reading/public hearing
PUBLIC HEARINGS
28. Resolution - 96-105 - Approving application, with conditions, for a Dance or Rental Hall
License by Cameroom Group LLC, dba Smith Avenue Rental Hall (Gregory Langason),
627 Smith Avenue South. (ID# 87364)
Bob Kessler, Director of License, Inspections and Environmental Protection (LIEP),
recalled that in the fall of 1995 the City Council approved a change to dance hall licenses
to cover facilities of this type. There have been many problems with this establishment
and LIEP is recommending that the license be approved with strict conditions. A
substitute resolution was distributed by Mr. Kessler.
On behalf of Council President Thune, Legislative Aide Chuck Repke stated because of the
number of incidents that have occurred at the establishment, he felt Thune would be
interested in this issue going before an administrative law judge to determine if the
applicant can responsibly operate a dance hall at this location.
John McCormick, Assistant City Attorney, provided information on procedures for
Council to follow in their deliberations. He advised that Council has authority on its own
initiative to send the matter to an ALJ. However, he advised if discussions result in it
being sent to an All, Council should be cautious in their response to testimony and to not
pre judge the situation. The issue is whether to adopt the resolution with the findings and
conditions or if it should be sent to an ALJ for further testimony and further proceedings
regarding the issues raised at this hearing.
Public Testimony was provided by the following individuals:
(Blakey left the meeting)
Sue Knipe, Director of Riverview Neighborhood Crime Watch, 209 West Page Street,
stated her organization is opposed to the license as a result of concerns expressed by
neighborhood residents. They have regularly been affected by late night disturbances on
weekends at the Hall and many times after the closing hour. Ms. Knipe noted from 1993
through 1995 the St. Paul Police Department has records of 31 calls to the Hall. On four
days police were called back more than once to the same event. She cited specific times
that police were called. Problems around the Hall have included violations of contracts
and City ordinances, noise, fights, injuries, litter from broken liquor bottles, parking
January 31, 1996 City Council Summary Minutes Page 7
problems, increased traffic, events lasting until 4:00 a.m., public drinking outside the Hall
in neighbors' yards, sidewalks and cars, minors being served alcoholic beverages,
urination in public and public exposure.
A letter dated January 25, 1996, signed by the Board Chair was submitted reflecting the
testimony provided by Ms. Knipe.
(Blakey returned)
Cary Kimmel, 405 West Baker Street, Board member of Riverview Neighborhood Crime
Watch, stated that for years the neighbors have been subjected to numerous types of
disruption by this establishment. Mr. Kimmel cited many of the same problems noted by
Ms. Nipe. He further noted the issue of safety in the streets and the need for residents in
the area to be able to enjoy their properties.
(Harris left during the discussion)
Greg Langason, Site Manager of the Smith Avenue Rental Hall, stated the property was
acquired in June, 1994. He and his associates have been working with LIEP to do
everything necessary to abide by the requirements of the license. He said most complaints
were made before he acquired the property. All activities at the Hall now end at midnight.
Parking is a problem that comes with the property but they are willing to do their part to
solve this problem, Langason stated. Further, he is trying to do whatever is necessary to
be aggressive in running a good business. He said he does not rent to people who may be
a problem, does not rent to teens, and is making an effort to work with the neighborhood.
He noted, however, that the neighbors have never complained to him.
Councilmember Blakey moved to close the public hearing.
Councilmember Rettman questioned Mr. Kessler as to the type of license this establish-
ment is operating under. Mr. Kessler responded that currently there is no license that
applies to this type of facility. There is a new license requirement that is being applied to
all similar facilities in the city.
(Harris returned)
Based on the diversity of opinions, Councilmember Bostrom felt the issue should be heard
by an administrative law judge.
Councilmember Rettman asked attorney McCormick if adequate testimony was presented
for him to proceed. Mr. McCormick responded that he could not substitute his judgment
January 31, 1996 City Council Summary Minutes Page 8
for that of the City Council. He advised that the determination Council must make is
whether there is a reasonable basis to go through the expense of an All hearing.
Councilmember Bostrom said the basis for an ALJ hearing would be the letter submitted
by the Riverview Neighborhood Crime Watch and testimony received at this hearing.
Mr. Kessler requested that if this matter is sent for an All hearing, Council should
approve the conditions in the interim. The establishment would then be required to operate
under the conditions until a final determination is made by Council.
Mr. Langason acknowledged that he would abide by the conditions if there is a referral to
an ALJ.
Councilmember Guerin questioned how the Hall can operate without a license. Mr.
Kessler replied that it is an existing business and reiterated that the license is a new
requirement for all rental facilities in the city.
Councilmember Bostrom moved to amend the substitute resolution to send the matter to an
administrative law judge for a hearing with the agreement that the establishment will abide
by the conditions imposed in the interim.
Substitute amended and adopted Yeas - 6 Nays - 0
29. Resolution - 96-106 - Approving application, with conditions, for a Game Room, Cabaret-
A, and Restaurant-B License by Club Soda An Alternative Choice, Inc., dba Club Soda An
Alternative Choice, 1301 Jessamine Avenue. (ID #74978)
Councilmember Bostrom moved an amendment to the resolution.
No one appeared in opposition; Councilmember Bostrom moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
30. Resolution - 96-107 - Approving application for an Entertainment-A, Restaurant-C,
Sunday on Sale Liquor, Gambling Location -C, Liquor On Sale-C and Cigarette License
by T L & N Corporation, dba Diamond Lynn's Saloon (Linda Natus, President), 755
Jackson Street. (ID #45165)
Councilmember Rettman welcomed Linda and Ted Natus, the new owners of Diamond
Lynn's Saloon. She said the Natus' have worked out a cooperative agreement with the
Police Department to visit the establishment every evening as they attempt to make a
change to both the area and the bar. She noted they have received the support of the
district council.
January 31, 1996 City Council Summary Minutes Page 9
Ted and Linda Natus appeared before the Council and said a few words about their new
business.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
31. Resolution - 96-108 - Approving application for an Entertainment-B, Restaurant-B, Sunday
On Sale Liquor and Liquor on Sale-B License by MPLP, Inc., dba Orrie's Bar & Grill
(Jeffrey Roberts, President), 1021 Bandana Boulevard East. (ID#34453)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
32. Resolution - 95-1294 - Ordering the owner to remove or repair the building located at 913
Jessie Street within fiftccn (15) days ix mouths (July 31, 1996) from adoption of
resolution. (Laid over from January 24)
Councilmember Rettman submitted an amendment changing the resolution from 15 days
demolition to six months under certain conditions.
Councilmember Megard moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
33. Public hearing to consider the appeal of Gregory Mayen, to a decision of the Heritage
Preservation Commission, denying a building permit application for the installation of
vinyl siding and aluminum trim at 604-06 Portland Avenue (located in Historic Hill
Heritage Preservation District).
Aaron Rubenstein, Office of License, Inspections and Environmental Protection (LIEP),
and staff person to the Heritage Preservation Commission (HPC), provided a staff report.
He noted that for the second time the HPC denied approval for vinyl siding and aluminum
trim for the structure at 604-606 Portland Avenue. In the second consideration of this
case, the HPC granted staff authority to approve vinyl siding with a clapboard profile.
The appellant is requesting authority to use a drop profile. Mr. Rubenstein provided
written information on the Hill District guidelines and information on the visual effects of
the siding.
Mr. Rubenstein told Council the question to be answered is not whether vinyl siding and
aluminum trim should generally be allowed in historic districts, but whether the HPC made
the correct decision in this particular case in applying the historic district guidelines. The
guidelines allow for exceptions to be made for vinyl siding but they never specify that
aluminum trim may be acceptable. On rare occasions, the HPC has approved vinyl siding
January 31, 1996 City Council Summary Minutes Page 10
where there have been extenuating circumstances. Mr. Rubenstein suggested that
aluminum trim would result in a loss of character and detail.
Councilmember Guerin pointed out that the first time this went before the HPC they
strictly said no aluminum or vinyl siding. This time staff was asked to work with Mr.
Mayen and he was authorized to use a certain type of siding. This appeal is because of the
type of siding they are asking him to use.
(At this time the meeting was interrupted for a visit from the Saint Paul Winter Carnival Royalty)
Tyrone Carter, representing Gregory Mayen, addressed the City Council stating this issue
began in November, 1994. The original issue was whether there was a significant amount
of original siding on he house and whether the historical character of the neighborhood
would be disturbed by the installation of vinyl siding. At that time, Mr. Mayen was not
aware of the requirements in the historical district and he purchased vinyl siding. It was
later determined there was not an extensive amount of original siding on the building.
Based on that finding, Mr. Mayen was allowed to install drop style vinyl siding.
The issue with Mr. Mayen is that he has already invested a substantial amount of money in
the purchase of siding, some of which is already on the structure.
Mr. Carter circulated the siding Mr. Mayen purchased, He also circulated a petition signed
by neighborhood people in support of Mr. Mayen. He reiterated that the issue is not the
same as with the previous appeal and asked that some basic sensibility be brought to the
situation. Mr. Mayen should not be penalized for trying to upgrade his property, he said.
Councilmember Guerin questioned the cost of the siding already purchased. Mr. Mayen
estimated the materials to be approximately $5,000 and the entire cost of the project
approximately $11,000.
Councilmember Megard questioned Mr. Mayen about the cost of the drop style siding.
Mr. Mayen did not know the cost. Mr. Carter stated that Mr. Mayen would lose the
amount he has invested in the siding if he could not exchange it.
Megard further questioned if the siding in Mr. Mayen's possession was the same siding he
purchased originally to do the work without a building permit. Mayen responded in the
affirmative and said he assumed the contractor had taken out a permit.
Councilmember Blakey asked Mr. Rubenstein if a building permit had been pulled if
information would have been provided that this was an historic area. Rubenstein
responded in the affirmative.
January 31, 1996 City Council Summary Minutes Page 11
Councilmember Megard moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Harris noted that there is not a significant difference between the two
types of siding. However, he would like Mr. Mayen to check on the possibility of
exchanging the siding he has.
Councilmember Megard noted that this issue has been before the Council previously and
was denied. The owner did not want to comply with historic preservation requirements but
now the HPC has compromised and the applicant still has not made an effort to look into
the preferred siding, she stated.
Councilmember Blakey said his concern was with the fact that a building permit was not
secured, and the problem would have been averted if the permit was taken out. If Council
grants the appeal, a message will be sent that people do not have to follow the process.
Councilmember Guerin stated that Mr. Mayen assumed the contractor had pulled the
permit. Vinyl siding has been installed on one side of the house and Guerin said he does
not feel he should be expected to remove it.
Councilmember Guerin moved to grant the appeal.
Councilmember Rettman concurred with Guerin based on the fact that Mr. Mayen was
attempting to address the problems with the house. He prevailed before the HPC because
he went back to them and after further inspection, it was determined that there was not
much of the original clapboard remaining on the house and the HPC agreed to allow vinyl
siding. One year later, extensive work remains to be done on the home, Rettman said, and
she'd like to see it get done. It is based on hardship, reality, and the HPC has said yes to
vinyl.
Councilmember Bostrom also questioned the cost of the vinyl the HPC has asked Mr.
Mayen to install. Mr. Rubenstein said it would depend on whether Mr. Mayen is able to
return the siding he has and he may not be able to return the siding already on the house.
Bostrom said he feels the other owners of historic homes in the area should be respected.
Councilmember Megard asked Mr. Mayen if he currently has a building permit. Mr.
Mayen responded that he can not get one until he gets approval.
Vote on motion to grant the appeal Yeas - 3 Nays 3 - Blakey, Bostrom, Megard
January 31, 1996 City Council Summary Minutes Page 12
Councilmember Harris moved to lay over one week in order for Mr. Mayen and Mr.
Rubenstein to explore other options; i.e, if the siding can be returned, cost differential, etc.
Laid over to February 7 Yeas - 4 Nays - 2 (Guerin, Rettman)
34. Public hearing to consider the appeal of Joel Bruce Johnson, to a decision of the Heritage
Preservation Commission, denying a permit to demolish the structure at 267-71 East
Kellogg Boulevard (located in Lowertown Heritage Preservation District). (Applicant has
requested that January 31 public hearing be rescheduled to a later date)
Aaron Rubenstein, Office of LIEP, stated that appellant was unable to be present at the
meeting and requested a layover.
Councilmember Harris moved for an indefinite layover.
Laid over indefinitely Yeas - 6 Nays - 0
35. Public hearing to consider the application of the Saint Paul Port Authority for a combined
preliminary and final plat for Crosby Lake Business Park to allow the property to be
subdivided into two individual lots for sale or lease for industrial development at the
southeast quadrant of Interstate 35E and West 7th Street.
No one appeared in opposition; Councilmember Harris moved to grant the application.
Motion of intent to grant the application Yeas - 6 Nays - 0
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 96-109 - Accepting gifts for the Winter Carnival Reception to be held
Saturday, February 3, 1996 at Landmark Tower.
Adopted Yeas - 6 Nays - 0
Councilmember Bostrom moved for suspension of the rules and approval of the following
resolution:
Resolution - 96-110 - Finalizing City Council action taken December 27, 1995, denying
the application of Mary Lou Trimble to rezone property to establish a triplex at 1354
Birmingham Street.
Adopted Yeas - 6 Nays - 0
January 31, 1996 City Council Summary Minutes Page 13
Councilmember Megard moved to adjourn the meeting.
A -4 I D • 5:51 P.M.
'I avid Th erouncil President
ATTEST:
Minutes approved by Council
Nancy Andet<sbn - - \ W
Assistant Council Secretary
mce
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