Minutes 07-13-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 13, 1994 - 3:30 p.m.
City Council Chambers, 3rd Floor
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Council President Thune.
Present: 6- Councilmembers Blakey, Guerin, Grimm, Harris, Rettman, Thune
Absent: 1 - Megard (excused)
Councilmember Rettman announced that the process has been started to hire a Human
Resources Director. The first step is to establish an examining committee. A copy of
the advertisement requesting applicants for the committee, which will appear in the St.
Paul Pioneer Press and Minneapolis Star Tribune newspapers, was distributed to the
Councilmembers for their approval. She further suggested that Councilmembers should
contact people who they feel may be interested in serving on the committee. The
Council Research Office will be receiving the applications. Councilmember Rettman
extended her gratitude to Kelly Tanzer and Nancy Stovall of the Human Resources Office
for their assistance.
CONSENT AGENDA
Councilmember Harris moved approval of the consent agenda.
Adopted Yeas - 6 Nays - 0
FOR ACTION
1. Claims of Carol Blokzyl, John Patrick Gross, Jane Suzanne Redman, and Richard
Schumann.
Referred to the City Attorney's Office
2. Summons and Complaint in the matter of 679 East Third Street Investors Company
vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Martha Ann Walker vs. the City of St.
Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Kimberly Flemino vs. the City of St. Paul,
et al.
Referred to the City Attorney's Office
5. Letter from the St. Paul Division of Public Health declaring 774 Wells Street as
"nuisance property". (For notification purposes only; public hearing will be
scheduled at a later date if necessary.)
6. Letters from the St. Paul Division of Public Health declaring 682 Fourth Street
East, 246 Rose Avenue West, and 666 Wells Street as nuisance properties and
setting dates of Legislative Hearing for July 19, 1994 and City Council Hearing
for July 27, 1994.
7. Administrative Orders:
D00165 Amending the 1994 budget in the Division of Parks and
Recreation/Special Services.
D00166 Amending the 1994 budget in the Division of Parks and
Recreation/Municipal Stadium.
July 13, 1994 City Council Summary Minutes Page 2
D00167 Amending the 1994 budget in the Division of Parks and
Recreation/General Fund.
D00168 Amending the 1994 budget in the Division of Parks and
Recreation/Japanese Garden.
D00169 Authorizing payment of $2,862.15 for RSVP Technology used at the
Mayor's April 13, 1994 Riverfront meeting.
D00170 Addition of $32,884.08 to the contract for the Cleveland/Magoffin
Storm Sewer and Street Paving Project.
D00171 1994 budget amendment in the Division of Public Health/Special Revenue
Fund.
D00172 1994 budget amendment in the Office of Executive
Administration/Building Inspection and Design Fund.
Noted as on file in the City Clerk's Office
8. Resolution - 94-952 - Approving renewal of On Sale Wine and Restaurant-B License
by Robert Piper, dba Tulips Restaurant, 452 Selby Avenue (ID #57180). (Laid over
from July 6 for approval)
Adopted Yeas - 6 Nays - 0
9. Resolution - 94-953 - Approving renewal of On Sale Liquor Club-C, Sunday On Sale
Liquor, Dance Hall and Restaurant C license by Polish American Club Inc., dba
Polish American Club, 1003 Arcade Street (ID #59435). (Laid over from July 6 for
adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 94-954 - Approving renewal of Class III Gambling Premise Permit by
Payne Arcade Area Business Association, 973 Payne Avenue, at Peppercorns, 1178
Arcade Street (ID #B-03785). (Laid over from July 6 for adoption)
Adopted Yeas - 6 Nays - 0 ,
11. Resolution - 94-986 - Approving renewal of Off Sale Liquor and Original Container
License by General Lee's Inc., dba Stransky's Liquor Store, 1545 West 7th Street
(ID #14046). (To be laid over one week for adoption)
Laid over to July 20
12. Resolution - 94-987 - Approving renewal of various Class III and Supporting
Licenses by: Tonkin Inc., Tonkin Vietnamese Cuisine, 345 N. Wabasha Street;
Kenneth A. Look, Swede Hollow Import Service, 830 S. Robert Street; Marlyn
Damman, American Business Women's Assn. (Jeraldine's), 605 Front Avenue; E.M.
Staber Inc., Meineke Discount Mufflers, 968 W. University Avenue; Pizza Huts of
the Northwest, Inc. #42, Pizza Hut #426023, 1941 Ford Parkway; Bradshaw Trucking,
530 Stinson Street; David Mceachern, Dave's Auto Repair, 1170 Selby Avenue; Alex
J. Lake, Alex J. Lake, Guns, 1370 Osceola; Manuel J. Ordonez, E1 Amanecer, 194
Concord Street; Parking Services Inc., 333 Sibley Street; Arthur Heutmaker,
Arcade 66 Service, 1208 Arcade Street; APCOA Inc., 7th Street Municipal Garage,
475 Cedar Street; Parking Services Inc., 54 East 4th Street; Harikrishna Inc.,
Travel Inn, 149 East University Avenue; YMCA of Greater St. Paul, 194 East 6th
Street; Parking Services Inc., Metropolitan State University, 700 East 7th
Street; Lakeside Auto Sales, 336 W.
Larpenteur Avenue; YMCA of Greater St. Paul, 1761 W. University Avenue; Parking
Services Inc., 489-97 St. Peter Street. (ID #11855-92632) (To be laid over one
week for adoption)
Laid over to July 20
13. Resolution Approving Assessment - 94-988 - In the matter of sidewalk
reconstruction on both sides of Tilsen Avenue from Nokomis Avenue to North
McKnight Road and the west side of North McKnight Road from Nokomis Avenue to
July 13, 1994 City Council Summary Minutes Page 3
Tilsen Avenue, and setting date of public hearing for September 7, 1994. (File
#S9339)
Adopted Yeas - 6 Nays - 0
14. Resolution Approving Assessment - 94-989 - In the matter of sidewalk
reconstruction on both sides of Arona Street from Midway Parkway to Frankson
Avenue, and setting date of public hearing for September 7, 1994. (File #S9342)
Adopted Yeas - 6 Nays - 0
15. Resolution Approving Assessment - 94-990 - In the matter of sidewalk
reconstruction on both sides of Breda Avenue from North Hamline Avenue to North
Snelling Avenue, and setting date of public hearing for September 7, 1994. (File
#S9343)
Adopted Yeas - 6 Nays - 0
16. Resolution Approving Assessment - 94-991 - In the matter of sidewalk
reconstruction on both sides of Canfield Avenue from Arona Street to North
Snelling Avenue and the south side of Midway Parkway from Arona Street to North
Snelling Avenue, and setting date of public hearing for September 7, 1994. (File
#S9344)
Adopted Yeas - 6 Nays - 0
17. Resolution Approving Assessment - 94-992 - In the matter of sidewalk
reconstruction on the west side of North Hamline Avenue from Wynne Avenue to Como
Avenue, and setting date of public hearing for September 7, 1994. (File #S9345)
Adopted Yeas - 6 Nays - 0
18. Resolution Approving Assessment - 94-993 - In the matter of sidewalk
reconstruction on both sides of North Pascal Street from Summit Avenue to
Portland Avenue and the south side of Portland Avenue from North Pascal Street to
approximately 273 feet west of North Pascal Street, and setting date of public
hearing for September 7, 1994. (File #S9346)
Adopted Yeas - 6 Nays - 0
19. Resolution Approving Assessment - 94-994 - In the matter of sidewalk
reconstruction on both sides of Princeton Avenue from South Prior Avenue to
Kenneth Street, and setting date of public hearing for September 7, 1994. (File
#S9348)
Adopted Yeas - 6 Nays - 0
20. Resolution Approving Assessment - 94-995 - In the matter of sidewalk
reconstruction on both sides of Sheldon Street from Frankson Avenue to West
Arlington Avenue, and setting date of public hearing for September 7, 1994. (File
#S9349)
Adopted Yeas - 6 Nays - 0
21. Resolution Approving Assessment - 94-996 - In the matter of sidewalk
reconstruction on the north side of Wynne Avenue from North Hamline Avenue to
North Albert Street, and setting date of public hearing for September 7, 1994.
(File #S9351)
Adopted Yeas - 6 Nays - 0
22. Resolution Approving Assessment - 94-997 - In the matter of sidewalk
reconstruction on the north side of Wynne Avenue from North Pascal Street to
North Snelling Service Road, and setting date of public hearing for September 7,
1994. (File #S9352)
Adopted Yeas - 6 Nays - 0
July 13, 1994 City Council Summary Minutes Page 4
23. Preliminary Order - 94-998 - In the matter of improving an existing parking lot,
with HRA leasehold improvement, owned by the Immaculate Heart of Mary Parish
(Grand Avenue and Snelling Avenue) to provide approximately 54 parking spaces for
commercial use under the Places to Park Program, and setting date of public
hearing for August 31, 1994. (File #18745)
Adopted Yeas - 6 Nays - 0
24. Preliminary Order - 94-999 - In the matter of operating costs for the parking lot
with a HRA leasehold at Immaculate Heart of Mary Parish from November 1, 1994 to
December 31, 1995, and setting date of public hearing for August 31, 1994. (File
#18746)
Adopted Yeas - 6 Nays - 0
25. Resolution - 94-958 - Approving the appointment, by Mayor Coleman, of Dow Stephen
Yang to the Advisory Committee on Aging. (Laid over from July 6 for adoption)
Adopted Yeas - 6 Nays - 0
26. Resolution - 94-959 - Approving the appointments of Frank Forsberg, Lori Johnson,
Ofelia Lopez, Joanne Martin, Suzanne Osten, Kate Seng, Lupe Serrano and Mao Yang
and the reappointment of Cynthia Curry, by Mayor Coleman, to the Child Care
Partnership Program Selection Team. (Laid over from July 6 for adoption)
Adopted Yeas - 6 Nays - 0
27. Resolution - 94-1000 - Approving the appointment of outside counsel to represent
the City of St. Paul in a workers' compensation claim.
Adopted Yeas - 6 Nays - 0
28. Resolution - 94-1001 - Authorizing the Department of Fire and Safety Services to
accept a donation from Tri-Equity Trading Inc. to be used for the development,
implementation and evaluation of "Follow the Footsteps to Fire Safety" and other
public education programs and products.
Adopted Yeas - 6 Nays - 0
29. Resolution - 94-1002 - Approving the use of assessment financing in accordance
with city policy for the installation of a fire protection system at 215 South
Wabasha Street.
Adopted Yeas - 6 Nays - 0
30. Resolution - 94-1003 - Approving joint powers agreements between the City and the
State providing for the installation, maintenance, and management of bicycle
lockers on various State-owned properties as part of the St. Paul Bicycle Locker
Project.
Adopted Yeas - 6 Nays - 0
31. Resolution - 94-1004 - Approving the applications of El Rio Vista Booster Club,
Hi Tower Babe Ruth Association, Orchard Park Booster Club, Rice Recreation Youth
Club, and Young Life - St. Paul Metro to the eligible list for the 10% Club for
1994.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
32. Resolution - 94-714 - Ordering the owner(s) to repair or remove structure and wall on south
side of property at 193-197 N. Westem Avenue within fifteen (15) days from adoption of
resolution. (Legislative Hearing Officer recommends layover to July 5 Legislative Hearing)
(Laid over from June 15) Ixgislative Hearing rescheduled from July 5 to July 19;
recommendation to be laid over to July 27 City Council meeting
July 13, 1994 City Council Summary Minutes Page 5
Councilmember Harris moved to lay over to July 27.
Roll Call Yeas - 6 Nays - 0
33. Resolution - 94-888 - Accepting State appropriation of $1,250,000 for Children's Museum
and transfemng funds to HRA for disbursement. (Laid over from June 22)
Council President Thune stated that staff requested an indefinitely layover.
Councilmember Blakey requested to receive the affirmative action requirements and
whether the city is in compliance.
Councilmember Harris moved to lay over indefinitely.
Roll Call Yeas - 6 Nays - 0
34. Resolution - 94-798 - Directing the Charter Commission to study the feasibility of holding
municipal elections in even-numbered years. (La.id over from June 29)
Councilmember Guerin referred to correspondence from Councilmember Megard pointing
out potential problems. For those reasons, Guerin, said he would like the Charter
Commission to study the issues and come back to the Council with the pros and cons and a
recommendation. The main motivation is the potential cost savings.
Councilmember Grimm suggested that Councilmember Megard's letter to Timothy Manc
dated July 7 outlining her concerns should accompany the request to the Charter
Commission as well as Mr. Manc's response.
Councilmember Guerin moved approval
Adopted Yeas - 6 Nays - 0
35. Resolution - 94-966 - Finalizing City Council adverse action taken on June 29, 1994
pertaining to licenses held by Jimbee Corporation, dba Mike's Bar, 326 Grove Street.
(Laid over from July 6)
Council President Thune proposed that the penalty be imposed that was voted on two weeks
prior; eight weeks license suspension and $20,000 fine. However, execution of the penalty
would be stayed for 30 days and during that time, if so desired, the license holder could
contact the License Department and in lieu of the fine, look at making a charitable
contribution. A suggestion offered by Thune was for the license holder to consider offering
free rent to a pulltab operation for approximately two years. He further proposed that the
license holder be directed to contact the St. Paul Police Department, if they so chose, if they
can offer information, evidence, or testimony against the people who worked out of the bar.
The License Department could report back to the City Council and recommend any
lessening of the penalty or changing of the dollar fine to one of a dollar fine plus a
charitable contribution.
Councilmember Rettman stated that if this were to take place, she would like to see it
recited officially and that any negotiations take place in consultation with the City Attorney's
Office and not just the Licensing Office.
Timothy Manc, City Attorney, responded that he felt a stay could be placed on the financial
penalty and give the option to the bar and to LIEP to return to the Council with a proposal
as to the conditions under which the penalty would be forgiven or amended.
For the Council's own interests, Mr. Manc said he would recommend that they recognize the
uniqueness of the situation so that in future cases that come before the Council, the facts in
this case can be articulated and other license holders can be told the reasons for this action.
; Councilmember Harris stated that he feels the Council should adhere to the penalty that
was originally imposed and that a bad precedent would be set by changing it. He pointed
out that the license holder and those involved did not challenge the Council and the penalty
July 13, 1994 City Council Summary Minutes Page 6
at the time it was imposed.
Councilmember Blakey concurred with Harris and said what concerned him was that the bar
owners did not own up to their wrongdoing. There are good restaurants and bar owners and
the City should show support for those who are running a good, legal business, he said.
Council President Thune agreed that a show of remorse by the bax owners may not have
resulted in such a harsh penalty. However, Thune said he felt his proposal would guarantee
that by their actions they are showing remorse and have changed their ways.
Councilmember Guerin said he feels that it's important to send a strong message but this
penalty was unprecedented and inconsistent. The same courtesy should be given to the
citizens on this issue as would be given on any other issue, he said.
If the City Attorney can construct something in a manner that says the Council is not
advocating the penalty, that it still gets to the same end, and meets the intent that was
originally envisioned, Councilmember Rettman said she would support it. However, if a
report is not received from the City Attorney within 30 days, the original penalty should
stand.
Mr. Marx suggested that the resolution be amended to stay the fine/penalty for 30 days and
send direction to LIEP and the City Attomey to meet with the license holder in an attempt
to negotiate an alternative fine and penalty which is short of closure but still a severe
penalty. If the City Attorney, in consultation with the City Council, feels those criteria can
be satisfied, and the LIEP Office is satisfied, it can be brought back to the Council within 30
days for Council action.
Councilmember Grimm stated that she is still comfortable with the original penalty. It is
not the City Council's penalty, she said; it was based on evidence given to the Council by the
ALJ and the City Attorney's Office through the LIEP Office. She said her concern is what
is going to be done so this does not happen again.
(This discussion was laid over for a short time in order for Mr. Marx and Mr. Byrne to
prepare amended language for the resolution)
Mr. Marx proposed that the dates be moved back for which the penalty would go into effect
and Licensing and the City Attomey would come back to the Council if an altemative
proposal is reached with the license holder no later than the August 10 meeting. The
altemative proposal would have to meet the criteria discussed - demonstrate some type of
effort or come forth with a proposal of an alternative type of restitution in lieu of all or part
of the financial penalty and take some other actions that recognize the seriousness of their
offense.
Councilmember Rettman questioned Mr. Manc whether this would set a precedent that may
affect future Council decisions.
Marx responded that it will set a precedent to the extent that distinctions can always be
made based upon different factual circumstances coming before the Council. If there is
going to be any type of alternative suggested, the resolution and the findings that would
support that alternative will be very specific.
Councilmember Guerin moved approval as amended.
Adopted Yeas - 4 Nays - 2(Blakey, Hams)
36. (Discussed later in the meeting)
July 13, 1994 City Council Summary Minutes Page 7
ORDINANCES
37. Fina1 Adoption - 94-898 - An ordinance amending Sections 310.01 and 310.05 of the St. Paul
Legislative Code to allow the imposition of fines, and of all or a part of the costs of
contested case hearings, on licensees or applicants. (Public hearing held July 6)
Councilmember Rettman moved approval and stated that this ordinance allows for the
imposition of fines. She requested that by the time the ordinance goes into effect, that the
LIEP Office and the City Attomey's Office come back to the Council with a matrix of the
fine system so there will be some benchmarks available.
Adopted Yeas - 6 Nays - 0
42. Third Reading - 94-931 - An ordinance finalizing City Council approval of a petition of
Woodland Tenace Inc. to rezone property located at 538 Dayton Avenue to P-1. (Public
hearings held on May 11 and May 25)
Laid over to July 20 for final adoption
38. Second Reading - 94-967 - An ordinance amending Chapter 86 of the Saint Paul
Administrative Code dealing with the signing of contracts, deeds, bonds and checks.
L,aid over to July 20 for third reading/public hearing
39. Second Reading - 94-968 - An ordinance finalizing City Council approval of a petition of
2305 Riverford Partnership and Multi-Clean, Inc. to rezone property located at 2305 Ford
Parkway and 775 Woodlawn Avenue to RM-2. (Public hearing held June 22)
Laid over to July 20 for third reading/public hearing
PUBLIC HEARINGS
40. Third Reading - 94-859 - An ordinance amending the Legislative Code by adding a new
Sections 409.085 and 410.045 requiring notice to the Chief of Police of the presence of
firearms in on-sale liquor premises, to require alcohol awareness training, and to require
training of bartenders on firearms and the use of deadly force. (Referred to City Operations
Committee on June 15 with readings to continue in Council) (Laid over from June 29)
Councilmember Harris moved to lay over to August 17 as there are issues that need to be
researched further in the City Operations Committee such as insurance requirements, the
10% discount that some bar owners receive for providing training voluntarily, the cost of the
training, etc.
Laid over to August 17 with continuation of the third reading.
Roll Ca11 Yeas - 6 Nays - 0
41. Third Reading - 94-930 - An ordinance amending Chapter 280 of the Saint Paul Legislative
Code by adding a new section which makes it a crime for any person to possess non-water
soluble paints in spray cans, other paint containers or marking devices. (Amended at July 6
meeting)]
No one appeared in opposition. Councilmember Rettman asked that Council President
Thune consult with Mr. Marx as to whether there were any additional amendments to be
made to the ordinance.
Laid over to July 20 for �nal adoption.
July 13, 1994 City Council Summary Minutes Page 8
43. Resolution - 94-1006 - Approving application for a General Repair Garage License by Scott
M. Miller, dba West End Service, 1200 West 7th Street. (ID #99634)
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays .- 0
(Councilmember Harris left at this time)
44. Final Order - 94-973 - In the matter of sidewalk reconstruction on both sides of Argyle
Street from West Jessamine Avenue to Como Avenue, the south side of Como Avenue from
Argyle Street to approximately 130 feet west of Argyle Street, the south side of Como
Avenue from North Chatsworth Street to Argyle Street, and the west side of North
Chatsworth Street from West Jessamine Avenue to Como. (File #59461). (Laid over from
July 6)
No one appeared in opposition. Councilmember Rettman moved approval
Adopted Yeas - 5 Nays - 0(Hams not present for vote)
45. Resolution Ratifying Assessment - 94-1007 - In the matter of constructing a storm sewer in
Highwood Avenue from McKnight Road to Point Douglas Road and an easement from
Point Douglas Road to Pigs Eye Lake. (File # 18668)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0(Harris not present for vote)
46. Resolution Ratifying Assessment - 94-1008 - In the matter of constructing sanitary sewer
service stubs, as requested by the property owner, in conjunction with the Highwood Avenue
Area Storm Sewer project. (File #18668-C)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0(Harris not present for vote)
47. Resolution Ratifying Assessment - 94-1009 - In the matter of installing water service
connections, as requested by the property owner, in conjunction with the Highwood Avenue
Area Storm Sewer project. (File #18668-CW)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0(Harris not present for vote)
48. Resolution Ratifying Assessment - 94-1010 - In the matter of reconstructing Highwood
Avenue from McKnight Road to Point Douglas Road with a bituminous surface, concrete
curb and gutter, lantem style street lighting and landscaped boulevard, in conjunction with
the construction of the storm sewer in Highwood Avenue. (File # 18669)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0(Harris not present for vote)
(Councilmember Harris returned at this time)
49. Resolution - 94-1011 - Ordering the owner(s) to remove or repair building at 811 Case
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
rescheduled from July 5 to July 19; recommendation to be laid over to July 27 City Council
meeting)
No one appeared in opposition. Councilmember Grimm moved to lay over to July 27.
Roll Call Yeas - 6 Nays - 0
July 13, 1994 City Council Summary Minutes Page 9
50. Resolution - 94-1012 - Ordering the owner(s) to remove or repair building at 867
Woodbridge Street within fifteen (15) days from adoption of resolution. (Legislative
Hearing rescheduled from July 5 to July 19; recommendation to be laid over to July 27 City
Council meeting)
No one appeared in opposition. Councilmember Rettman moved to lay over to July 27.
Roll Call Yeas - 6 Nays - 0
51. Resolution - 94-1013 - Order the owner(s) to remove or repair building at 693 Front Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing rescheduled from
July 5 to July 19; recommendation to be laid over to July 27 City Council meeting)
No one appeared in opposition. Councilmember Rettman moved to lay over to July 27.
Roll Call Yeas - 6 Nays - 0
52. Public hearing in the matter of the appeal of Tom Dimond of the Heritage Preservation
Commission's decision allowing vinyl siding on garage at 721 East Fourth Street.
Aaron Rubenstein, Department of Planning and Economic Development, provided a staff
report stating that Tom Dimond had appealed the decision of the Historic Preservation
Committee (HPC) to allow vinyl siding on three sides of a garage at 721 East Fourth Street
in the Dayton's Bluff district. This appeal was reviewed by the HPC at its meeting on June
23, 1994 and voted to recommend to the City Council that the appeal be granted. The HPC
believes that scraping and painting is the most cost effective and compatible treatment for
this structure. In the Dayton's Bluff District Guidelines For Design Review, it stated that
wood siding should be maintained with paint or stain and deteriorated wood siding should
be replaced with new material resembling the original. Also, that vinyl and aluminum siding
are permissible on a case-by-case basis when reviewed by the HPC, including the resurfacing
of non-contributing buildings constructed after 1930 and in the resurfacing of existing
garages. The HPC's findings included: retaining or repairing existing siding is consistent
with the district guidelines and most cost effective if significant siding replacement is not
necessary; the garage structure in question is not pivotal to the district but it does contribute
to the historic fabric of the district and vinyl siding should not be considered unless the
existing siding is significantly deteriorated; and that the four existing window openings add
character to the structure and break up the wall surface.
In his letter of appeal, Mr. Dimond stated that the garage is not inconspicuous but is visible
from Fourth and Fifth Streets and Bates Avenue, that vinyl siding would detract from his
adjacent property, and that the proposal does not meet district guidelines for how siding
should be attached.
Mr. Rubenstein said that after the HPC meeting, he and one of the HPC Commissioners
visited the garage and determined that the siding is in good condition and that only two
boards need to be refastened and part of one board needs to be replaced.
Tom Dimond, 324 Bates Avenue, appellant, stated that the issue before the Council is the
following of HPC guidelines. The way the guidelines are set up is that siding and window
treatment is considered "moderate" work and is to go through the design review committee
rather than staff review. However, the design review committee has been eliminated and
staff has been allowed to do more of what the committee would have done. Dimond also
noted that there is only a 14-day window of appeal of a decision of the HPC. But, there is
no notification of the hearing or that the process is taking place. Mr. Dimond asked that
the issue of notifying adjoining property owners be addressed.
Mr. Dimond said that this issue should take into consideration the age of the structure,
character of the structure, condition, and whether the structure is inconspicuous or not.
July 13, 1994 City Council Summary Minutes Page 10
Mr. Dimond displayed photos saying that the structure is visible from many points.
He reiterated that the issue is the design review standards and the HPC district. He said he
wants to see that a standard is set and followed. Mr. Dimond further elaborated on how he
feels it is so very important to adhere to the HPC guidelines. He circulated photographs of
the property.
Lois Chavez, 721 East Fourth Street, property owner, explained that her home has vinyl
siding as well as two sides of the garage, the other two sides are wood. The front of the
garage is vinyl and that side is the most exposed. She questioned why the entire decor
should be changed for two sides of the garage. Ms. Chavez circulated a letter from the
neighbor directly behind her who she said has a better view of the back of the garage. She
also circulated photographs.
In response to a question raised by Mr. Blakey, Mr. Rubenstein said that there are 15
historic homes on this particular Fourth Street block and 11 of them have aluminum or vinyl
siding.
Councilmember Guerin moved to close the public hearing.
Roll Call Yeas - 6 Nays - 0
Councilmember Guerin stated that there are many homes undergoing renovation in the
Dayton's Bluff area within the historic guidelines and there have been few appeals of others.
Since the house has aluminum siding and the owner has offered to install a wood grain
siding on the garage, Guerin felt it was reasonable. Councilmember Guerin moved to deny
the appeal of Tom Dimond.
Roll call Yeas - 5 Nays - 1(Thune)
COMMIITEE REPORTS
36. Resolution - 94-1005 - Establishing Saint Paul Cultural Capital Investment Program and
Application Process. (Originated in Finance & Budget Committee)
Councilmember Rettman moved for introduction of a substitute resolution.
Roll Call Yeas - 6 Nays - 0
Councilmember Rettman stated that the spread sheets which show dollar amounts for loans
had been added to the resolution; the process for establishing the board is included; it sets
forth that a minimum of 25% of the money would be allocated in the form of loans; it gives
the Council the ability to conduct a review in the future; and it also gives the Council the
ability to move forward on the open appointments process to establish the board. The
board and staff would have the responsibility of coming back in before the end of the year
with the priorities they will be suggesting for the allocation of the dollars. Council would
then make final recommendations and by early 1995, hopefully, be able to begin to review
proposals for the allocation of the sales dollars.
Councilmember Rettman Moved approval.
Council President Thune noted that a letter was received from the downtown district council
wherein a recommendation was made that boundaries be expanded to include all of
downtown.
Council President Thune said his previous understanding was that this was intended to be an
arts fund for capital expenditures for theater groups, music groups, galleries, etc. and,
ther�fore, he feels the funding should be �xtended to all of downtown. What the Council
has is a proposal to create a development district and dedicate this portion of the sales tax
to a redevelopment project area. The funds could go for rebuilding an office building,
building a parking ramp, opening a restaurant, or adding seats to a theater, Thune said.
However, the primary focus is an economic development project.
July 13, 1994 City Council Summary Minutes Page 11
Amy Filice, Planning and Economic Development Department, stated that its important that
there be dining facilities, attractions, etc. when trying to draw visitors to St. Paul; indeed, the
intent is economic development. She said they are trying to get at more creative proposals
for the support of the cultural industry.
Councilmember Rettman added that they want to keep a city-wide vision. Also, the articles
of incorporation will have to include everything in the resolution and they will be binding.
Councilmember Harris asked for clarification on the cultural theme.
Catherine Jordan, United Arts, stated that there are presently 30 arts organizations in the
district. The theme of the cultural industry is dance, music, theater, etc. It is cross-cultural
and diverse, not just kind of art but things that will bring families and adults into downtown.
The first priority is to have projects that serve the whole district.
Councilmember Harris requested that an amendment be made to page 3, paragraph 4, (line
4) to read "allocated in the form of non-for ivable loans. Councilmember Rettman accepted
this as a friendly amendment.
Councilmember Blakey said he has heard concern from people that they do not want to see
a situation where only the large arts groups are receiving the dollars.
Ms. Filice responded that the board has been set up in a way that all interests can be heard
and all types of artists can be recognized.
Councilmember Grimm said she wanted to encourage that the entire downtown area be
looked at.
Substitute adopted as amended Yeas - 6 Nays - 0
Councilmember Guerin moved to adjourn the meetin .
RNED A 5: P.
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Counca 1 re i hune
ATTEST:
Minutes approved by Council
Nancy An ^son
Assi stant ounci 1 Secretary .►..,,,.,,e�r � 4 g �f
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