Minutes 01-19-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, January 19, 1993
9:00 A.M. Council Chambers
Third Floor City Hall and Court House
Saint Paul, Minnesota
Molly O'Rourke, Cifiy Clerk
Trudy Hoelzel, Clerical Support
The meeting was called to order by President Wilson at 9:00 A. M.
Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune
Absent - 1 - Wilson
City Clerk O'Rourke noted that item # 12 should be pulled off the Consent Agenda and
announced as a public hearing.
Councilmembers agreed that # 2 should be removed for discussion later in the meeting.
Councilmember Thune asked that item # 11 be referred to the Housing and Economic
Development Committee as it relates to a redevelopment project being discussed in
Committee.
Councilmember Long moved approval of the Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Claims of Robert D. Christopher, Jr., John Hauwiller; Jane Huber; MSI Insurance Co., and
Hillard M. Marver.
Referred to City Attorney's Office.
2. (Discussed at the end of the meeting)
3. Resolution - 93-4 - approving the appointment of Rick Cardenas and reappointment of
German don Alvarado to the Affirmative Action Advisory Committee. (Laid over from
January 12th.)
Adopted Yeas - 6 Nays - 0
4. Resolution - 93-5 - approving the appointments of James Blaha, Patricia Brand, Beate
Krinke, Kathryn Anderson, Richard Goebel, Phallo Keo, Janice Rettman, Randy Schubring,
Tien Van Tran and Margaret LeBien to the Food and Nutrition Commission. (Laid over
from January 12th.)
Adopted Yeas - 6 Nays - 0
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January 19, 1993
5. Resolution - 93-6 - approving the reappointments and appointment of James Laughlin,
Donald Weida and George Dunn to the Property Code Enforcement Board. (Laid over
from January 12th.)
Adopted Yeas - 6 Nays - 0
6. Resolution - 93-7 - approving the appointment of Louis Greengard to the Saint Paul
Private Industry Council (PIC). (Laid over from January 12th.)
Adopted Yeas - 6 Nays - 0
7. Resolution - 93-8 - approving the appointment of Mark Butala to the Private Industry
Council (PIC). (Laid over from January 12th.)
Adopted Yeas - 6 Nays - 0
8. Resolution - 93-9 - approving the appointments of Win Terrell, Hung Gia Pham, Song
Kong and Jim Anderson to the Saint Paul Refugee Affairs Advisory Committee. (Laid over
from January 12th.)
Adopted Yeas - 6 Nays - 0
9. Resolution - 93-12 - approving the attached Memorandum of Agreement between the City
of Saint Paul and the United Association of Pipefitters Local Union No. 455. (Laid over
from January 12th.)
Adopted Yeas - 6 Nays - 0
10. Resolution - 93-18 - approving the award of compensation for the purchase of property
at 85 W. Water Street for the Flood Control Project - Phase III. (Laid over from January
12th.)
Adopted Yeas - 6 Nays - 0
11. Resolution - 92-1805 - ordering the owner to remove or complete the repairs of a building
located at 559-563-567 State Street within 30 days after publication of the resolution.
(Laid over from December 8th.)
Referred to Housing & Economic Development Cte.
12. (Discussed later in the meeting
13. Resolution - 93-52 - establishing a"One Hour Parking 8 AM - 5 PM Monday-Friday
Except by PermiY' on the south side of Buford Avenue from the alley west of Cleveland
Avenue to Raymond Avenue.
Adopted Yeas - 6 Nays - 0
14. Resolution - 93-53 - approving the renewal of various On Sale Liquor and Supporting
Licenses for the following: Mr. Patom's Saloon; Flanagan's on 7th, Inc., Heartthrob Cafe
& Canyon Country Bar & Nightclub; Gatsby's; Rocky's on Tenth; Applebee's
Neighborhood Grill & Bar and The Lexington Restaurant. (To be laid over one week.)
Laid over to January 26th
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January 19, 1993
15. Resolution - 93-54 - approving various Class III Licenses for the following: Godfather's
Pizza #24512; Heppner Auto Body, Inc.; Brac's Auto Parts; Tenth Street Boxing
Club/Casey's; Latuff Bros., Inc.; Lowertown Municipal Ramp and Kelly's Auto Repair. (To
be laid over one week.)
Laid over to January 26th
16. Resolution Approving Assessment - 93-55 - in the matter of condemning and taking a
temporary easement in the land necessary for the slopes, cuts and fills, for construction
of slopes in the grading and paving of the alley in Sandberg's Rearrangement in Block
15, College Place East Division and setting a date of public hearing for February 23, 1993.
Laid over to February 23rd.
PUBLIC HEARINGS
12. Resolution - 93-37 - establishing a$200 fine for the sale of cigarettes to a minor George's
Mini Market & Auto Repair 380 W. Maryland Avenue (Uncontested) (Laid over from
January 12th.)
No one appeared in opposition. At the request of Vice-President Rettman,
Councilmember Grimm moved approval.
Adopted Yeas - 5 Nays - 1(Guerin)
17. Resolution Ratifying Assessment - 93-21 - in the matter of condemnation and taking of
easements for public purposes over part of Sections 5 and the north I/2 of Section 8,
Township 28 North, Range 22 West in connection with Flood Control Project - Stage 2.
(Laid over from January 12th.)
Peter White explained that the attorney from the Metropolitan Airports Commission and
Ed Starr from the City Attorney's Office had met and determined that the needs of the
Metropolitan Airports Commission can be resolved by amending the contract which would
not require an amendment in the resolution.
Councilmembers questioned why an amendment was not needed and agreed to a one
week layover to allow the City Attorney's office to respond.
Councilmember Thune moved one week layover.
Adopted Yeas - 6 Nays - 0
Laid over to January 26th
18. Final Order - 93-56 - in the matter of condemning and taking easements for the
135E/University Avenue Sewer Separation project.
Councilmember Thune said it was heard in committee and recommended approval.
Peter White from the Finance Department explained the project and said that
representatives of Beckman's Produce were here with concerns regarding continuous
water supply and the timing of the project.
Kathryn Lowry, a representative of Beckman Produce, said that the items the company
sells are perishable and they need to be guaranteed a continuous water supply and least
two days notice to move equipment stored outside the building.
(Discussion continued on following page)
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January 19, 1993
(Discussion continued from previous page)
Tom Kuhfeld agreed to resolve the concerns raised by Beckman's Produce.
Councilmember Thune moved approval of the Final Order and directed staff to work with
Beckman's Produce to ensure continuous water . supply and adequate notice of
construction at that location.
Adopted as amended Yeas - 6 Nays - 0
19. Final Order - 93-57 - in the matter of improving the following streets with a new bituminous
roadway, concrete curb and gutters, driveway aprons and a lantern street lighting system
for Iglehart from Cleveland to Moore; Marshall from Cretin to Fry; Dayton from Mississippi
River Blvd. to Prior; Selby from Cretin to Cleveland; Otis from Marshall to Laurel; Exeter
Place from Marshall to Dayton; Finn from Dayton to Selby; Wilder from Marshall to Selby
and Moore from Iglehart to Selby all to be known as the Cleveland/Marshall Area Street
Paving and Lighting project.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6- Nays - 0
20. Final Order - 93-58 - in the matter of construction of the Cleveland/Marshall Area Storm
Sewer Separation project in the area bounded by Marshall and Iglehart on the north;
Dayton on the south; Mississippi River on the west and Howell on the east.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
21. Final Order - 93-59 - in the matter of construction of sanitary sewer, storm sewer and/or
water service construction, if requested by the property owner, in conjunction with the
Cleveland/Marshall Area Storm Sewer and Street Paving and Lighting project.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays -0
Councilmember Long left the meeting at this point and returned later.
22. Resolution - 92-1178 - approving the vacation of the alley in Block 11, Bazil and Guerin's
Addition, bounded by Seventh St., Seventh Place, Wabasha and St. Peter Streets as
requested by the St. Paul Housing and Redevelopment Authority. (Laid over from
December 29th.)
No one appeared in opposition.
Councilmember Thune asked that this item be returned to Public Works Cte. for further
discussion.
Referred to Public Works Cte.
Approved Yeas - 5 Nays - 0
Councilmember Long returned at this point in the meeting.
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January 19, 1993
23. Resolution - 93-60 - approving the application for a General Repair Garage License for
Lowell Torgerson dba Torgerson Truck Repair at 18 E. Acker Street.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
24. Resolution - 93-61 - approving the application for a new Gambling Manager's License by
Kenneth A. Wyberg, dba Sokol Minnesota at Hot Rods Bar, 1553 University Avenue W.
The President of Sokol Minnesota was present in the audience but did not speak.
Councilmember Thune left the meeting at this point and returned later.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
25. Resolution - 93-62 - approving the application for a new State Class B Gambling Premise
Permit by Sokol Minnesota at Hot Rods Bar, 1553 University Avenue W.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
26. Report of an Administrative Law Judge including Findings of Fact, Conclusions and
Recommendations in the matter of the adverse hearing for Half Time Rec, 1013 Front
Avenue.
Phil Byrne, Asst. City Attorney, summarized the evidence, the history of events leading
to the adverse action and asked adoption of the Administrative Law Judge
recommendation.
, Greg Rebeau, Attorney for Mr. Walsh, summarized the events leading up to the adverse
action and said this was double jeopardy as Mr. Walsh had already been punished four
different times for the violation that occurred in another city. He explained Mr. Walsh's
"Alferd Plea" regarding the felony count and noted that the prosecuting attorney indicated
that there was no connection to the Half Time Rec or its finances. He stated that
Rosemount has since granted another license to Mr. Walsh and that Mr. Walsh had
made the victims "whole" in this case and cooperated fully and voluntarily with the
Attorney General's Office.
Councilmember Maccabee asked if all this information had been presented to the
Administrative Law Judge. The response was in the affirmative.
Councilmember Guerin stated his disagreement with Mr. Byrne's interpretation that action
by the City Council was not punishment but a regulatory responsibility.
Lewis Walsh reviewed his involvement in the Arden Hills bingo hall violations and his
efforts to maintain a well-run bar that is compatible with the surrounding neighborhood.
Councilmember Guerin left and returned during Mr. Walsh's testimony
Councilmember Rettman question Mr. Walsh regarding his neighborhood activities and
cooperation with the Attorney General's office.
Councilmember Grimm left the meeting at this point.
(Discussion continued on following page)
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January 19, 1993
(Discussion continued from previous page)
Councilmember Maccabee moved to close the public hearing.
Adopted Yeas - 5 Nays - 0
Councilmember Rettman recommended that the Council accept the Findings of Facts, but
modify the Administrative Law Judge recommendation to the 30 days with all but a few
days suspended.
Councilmember Grimm returned at this point in the meeting.
Councilmembers Guerin and Grimm spoke in support of Councilmember's Rettman
recommendation.
Councilmember Maccabee recommended adopting the Findings of Fact with at least ten
days served. She noted that Mr. Walsh's cooperation with the Attorney General did not
qualify as whistle blowing but was done to lessen the potential penalties imposed by the
Attorney General's Office.
City Attorney Byrne and Mr. Rebeau clarified that they had agreed on a review audit not
a full blown audit as recommended by the Administrative Law Judge due to the cost and
difficulty of administering of such an audit.
Councilmember Long spoke in support of adopting the Findings Of Fact and instituting
a nine to eleven day suspension.
Councilmember Thune expressed concern that Mr. Walsh had not apologized for diverting
funds and noted that innocent people would be harmed by the closing of the bar and that
a lengthy suspension could result in the loss of the business.
Councilmember Long left and returned during the Councilmember's discussion.
After further discussion among Councilmembers regarding the Administrative Law Judge's
recommendations; Mr. Walsh's level of cooperation with the Attorney General and the
number of jurisdictions that had acted on the same offense, Councilmember Guerin
moved to adopt the Administrative Law Judge's finding of fact and to implement thirty
days with all but three suspended and to require a review audit.
Councilmembers Maccabee and Long spoke against the motion. Councilmember Grimm
expressed reservations regarding the small number of days proposed for closure in the
motion.
Councilmembers Rettman and Thune spoke in support of the motion.
Adopted Yeas - 4 Nays - 2(Maccabee and Long)
ADDITIONAL ITEM:
1. Resolution - 93-48 - approving the applications and disbursement of Youth Programs
Funds. (Laid over from January 14th)
Councilmember Long said that he reviewed the information provided by staff and his
concerns have been resolved regarding the disbursement of the Youth Program Funds.
He noted that there may still be some problems with determining who is eligible for the
10% Club, but recommended that the Council proceed with approving this resolution. He
agreed to work on clarifying those other questions.
(Discussion continued on following page)
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January 19, 1993
(Discussion continued from previous page)
Councilmember Maccabee spoke in support of adopting the resolution with staff providing
additional information to the Council on the 10% program.
Councilmember Long moved approval.
Adopted Yeas - 6 Nays - 0
2. Letter of the Civil Service Commission vetoing C.F. 92-1215, providing for an increase
from five points to ten points for city residency for applicants for original entry positions.
Councilmember Guerin spoke in support of overriding the Commission's veto, noting that
it enhances opportunities for minorities and includes a 1 year Sunset Clause to allow for
an evaluation.
Councilmember Guerin moved to override.
Adopted Yeas - 6 Nays - 0
Councilmember Thune moved suspension of the rules to introduce the following
resolution.
Adopted Yeas - 6 Nays - 0
27. Resolution - 93-80 - requesting the Metropolitan Waste Control Commission to not amend
the 1992 MWCC budget to allow for the pre-payment of future expenses as a way to
minimize the projected 1994 MWCC rate increase.
Councilmember Thune said that Greg Blees informed the Council that the Metropolitan
Waste Control Commission was meeting this afternoon to reallocate surplus funds that
would result in a loss of approximately half-million dollars in revenue to the City of St.
Paul. Councilmembers spoke in support of the resolution and in opposition to the Waste
Control Commission's staff recommendation to realtocate funds, noting that this was a
. tax increase added into the sewer bills. They also spoke in favor of electing Metropolitan
Council members instead of having them appointed by the Governor.
Councilmember Thune moved approval of the resolution.
Adopted Yeas - 6 Nays - 0
Councilmember Thune moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 10:50 A.M.
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ATTEST:
oun ' ident, Bill Wilson
Minutes approved by Council
City CI k, Mo ly O' ourke � /g' / y q3
O:th �
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