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88-443 WHITE - GITV CIERK 1 PIP{K., - FIF'�ANCE CO�1�1C11 BLUERV - MAVORTMENT GITY OF SAINT PAUL File NO. ��I �� Counci Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , the City Co ncil has determined that adverse actions on license matters c uld best be administered by relying upon an independent hearing examiner to hear the original pre- sentation of evidence and to ake findings of fact and conclusions of law, together with rec mmended sanctions to the Council for adverse action; now, ther fore , be it RESOLVED, that in any adverse action as defined by the Legislative Code, Section 10. 01 , which the Council may wish to initiate against any li ense holder and where there is a dispute as to the material facts underlying the violation of law the Council shall appo nt an independent hearing examiner to make findings of fact , c nclusions of law, and a recommended sanction which will be pr sented to the Council and/or its appropriate committee for f nal action after a public hearing; and, be it FURTHER RESOLVED, that at the public hearing the Council or its Commit-��ee may accept , re j ect or modify the hearing examin- er ' s recommendations . The Council ' s or committee ' s scope of review of the hearing exam' ner ' s recommended findings of fact and conclusions of law shal be limited to whether legal errors were made or whether the ecision was clearly erroneous given the evidence presented. The Council shall not entertain addition- al testimony at the public earing regarding the facts as deter- mined by the hearing exami er. The Council would be , however, free to establish any sanc ions it deemed proper based on the findings of fact made by the hearing examiner; and, be it FURTHER RESOLVED, that in any adverse action pending before the Council , or a hearing ex miner , Council Members are prohibited from receiving ex-parte cont acts from any of -the parties involved COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Long In Favo Goswitz Rett°'an B �he1�� A gai n s t Y Sonnen Wilson Form Approved City Attor y Adopted by Council: Date Certified Passed by Council Secretary By— sy ' / � A►pproved by Mavor: Date _ Approved �y�ilayor for Submission to Council V By By M�HITE - L�TV CLERK COUflCll o C N'�Y - D�'"R`T ENT GITY OF SAINT PAUL /� � �� BLUE - MAYOR File NO• v � - Counci Resolution Presented By Referred To Committee: Date Out of Committee By Date in the adverse action. In addition, Council Members are pro- hibited from discussing th adverse action with each other except while on the recor during deliberations concerning that particular action. 2. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Long In Favo Gosw;tz x�a�a�►� � A ainst By Scheibel g Sonne�'� Wilson �R �� $ Form Approved b ity Attorney Adopted by Council: Date Certified Pass by il Secr y BY i By . A►ppro ed by 1Aavor: D �' �n — i � � Approved by or for Submission to Council By By PUSIIStiED �'��:\ e7 � VV �,�•_= o. 3' 3 ��'y� . _ �. •., I - ____ . CITY OF SAINT PAUL -- --- : - - . _ : -, _.: ._ • _ --__. . - .- " DEPART _ENT QF=PtAaI�IG'AND ECONOMIC DEVELflPkAfNT� -- � _.__. � i il � � _ -- -- - DIVISION OF PUNNING _ - . �• Ad . _' . - . .. _ 2S West Fourlh Sheel.SaiM Pwl,Minnesola 55102 ��•• 612-22&3270. GEORGE LATIMER MAYOR _ 1�IEMORANDIIIs T0: City Council Housin and Economic Development Committee FROM: Marv Bunnell, Larry Soderholm '�y�� DATE: March 22, 1988 � � SUBJECT: Another Proposed Re ision to Zoning Text Amendments Relating to Home 0 cupations At the March 9, 1988 meeting of the Housing and Economic Committee I submitted to the Committee memb rs an additional proposed revision to these recommended amendments. at particular revision apparently did not � go far enough in dealing with t e issue of regulating the number of non-residents working in home o cupations. Based on consultation with various Zoning Section staff a with Wendy Lane, staff is proposing that the following revision be ade to the proposed home occupation portion of the Zoning Text Ame ents. This proposed revision would replace paragraph (d) : (d) All home occupation acti ities in dwelling units of less than 4,000 square feet of tot 1 living area, excluding a cellar and attic, shall be conducte by no more than two (2) persons, one of whom shall reside wit in the dwelling unit. All home occupation activities in dwelling u its of 4,000 or more square feet of total living area, excluding a cellar and attic, shall be conducted by no more than three (3) p rsons, one of whom shall reside within the .dwelling unit. This language limits the numbe of non-residents working in home occupation activities at any location reg rdless of how many home occupations are claimed to exist there. It was felt th t this replacement language for paragraph (d) actually does a better �ob of ddressing the previously expressed concerns of SARPA and the Summit Hill Asso iation regarding potential neighborhood impacts . of numerous home occupations a one location than did the previously proposed staff revision dated March 9, 988. . � - E � ' , _ I�nbers: G�dd"�'�✓2' � � CITY OF ►� INT PAU'L BOb �ng, Chair Janice Rettman ��` c � OFBZCE! OF TFI CITY COIINCIL Tc7�ii D7� . � Committ e Peport .. � � �uaance l�aua eme�t & Personnel Ca 't�ee. �- . ; a MAFtGi� 1�F� 1 ik? . � : � � r Est. Presenting� � � 'Time Councilmember/Staff I :30 1 . Apnroval of minutes of March th meeting. � PERS--- �� 1 :35 2. Reso t ut i on amend i nr� t he ;.3 i ar P 1 an .3nd k.3tos of Gom-- Mark Robertsort " pensatian RPSOIut:i�n in Secti n i n�rt;�ining tQ carry over of t�nusAd va��t i�n t�� s.�. sec�uent year. �R�Ferred � � from City Council mePtina M�-� ch 31 Approvea 1 :-05 3. An ordinance amendinq the Ci 11 Service Ru1es by estab- 7om Dimartd lishing the cl��ssific:3tion o Legis)�tiv� Ser_retary in - the unclassifieci service. llaid over from Committee meeting February 29) �d o�� 28 4. An Ackninistrative Resolution amending the Salary Plan Tom Oimond * and Rates of Cortmensation Re olution regarding the � rate of pay for the classifl ation of Leqisiative Sec- retary. (Laid over from C ittee meetfng February 29) . T I.sid ov�r to March 28 . FINANCE a BUDGET 2:05 5. Resolutian amenclinq the 1q8t3 buc)get by adding $Z00,000 Kathy Stack to the Financing anrj $pPndin P1anG for Public Health Division - Removal of V�rant and Hazardous Buildings Program, and th�t ti�e Hf2A $8 U.000 funr� balance is - • � released and ad�ied back to H A Development Fund. tLafd over from Cortunittee meeti.nn arch 7) Approved as amended . 2:20 6. Reso l ut i nn am�nr.i i na thP 19Rs, t-,ud�At bv l-ransferr ing Kath Stack � ��12.03R from fontincac�nt Re, rve to the Dep:3rtment of y E:xecutive Adminisrratir.�n-Pe� snnnpl Offtce and Generat ��overnmPnt Account,-•Frin�e ene-fit�. (!_aid over from Cormnittee me�ting February 9) ; and Proposed Amenciment (attachedl . � . . Approved as �ded. . :CTIY HALL _ _ . SEVENTH FLO R SAINT PAUL.MINNESOTA SS 102 _ . . ,. _ _ , �-3 . . • �� • � - � . � �� .. �] . Est. Preger►tin . � I g Timg � � CounciimemberlStaff � . - t: . FINANCE � BUOGET � � 2:30 7. Resolution distributing eyua ly to each Councitmember a Bili Wiison �� portion of City Council buda t in abject code5 0200 and � 0300 to be used as the deman s fc�r committees and communi- - ties require and directing t�e Director oF Council Rese�rch to review Council budget an make recommendation to refiect ' this change for final appro 1 by City Council within 30 ' days of passage oF this res lution. (C.aid over from Commit- = tee meeting March 7) ; and P pased Amendment (attached). - - LICENSING LG.id over to March Z$ � -_ 2:45 8. Report from City Attarrtey o Milier's Bar liquor Ttcense Jerry Segai investigation. (Laid over rom Committee meeting Narch 7') - S 2:50 9. Report from City Attorney o Beimont CTub ifiquor iicense Jerry Segai investigation. (Laid over rom Comrnittee meeting March 7) " � � - � � 2:55 1Q. Report from License Inspect r ort 7th Street Trolle li vor Jer S � license investigation. (La d over fran Carxnittee meet9ng � �at March 7) 3:00 11 . ��.��p�,rav i ng thp p�r �ss�+d't�t i i 3 ze a hearf�9 ob Long - _� a exemi ner i� aclv�e�se �ans i nvo i v i ng 1 t cense m�at�ers, � � ° 1 imiting the scope Gf.;: �;b3�`'�Ct�il. c��:: i�g � ,:examine�'s repor.�.. and ittng ex-p�'i�`��a�s. . � - ,(��r.�:�'rvm•G=��Counr i 1 meet f ng �ch 3) -�j gq : � 3: 15 12. nance amending vario s provisions of the �egis- � �� • lative Code to ailow public hearing, on license matters Jer� Se, 1 to be held before the desi ated cortunittee. y � i . APProved with clerical changes Note: Agenda order is tentative and y be changed by the cortxnittee (f circumstances dictate. Agenda times are provided as a rough estimate so city staff invulved in preg tations can pian their work schedule to minimize the time spent wai ing for their agenda item. The ccxnm i ttee may te 1 epf•ione any sc edu 1 ed � � presentor and ask them to � � advance their presentation i�' tie cortunittee is running ahead of schedule. i Note: The March 21st Firiance, Manage Pnt 8 Personne( Committee meeting will begin at 2:30 p.m. and co tinue untii 4:30 p.m. • g - � 2 . < . _ � °_ , - _ .- . , .. } _ . > � t _ = - - - - � � � �,�, � --- _ __ _ _ _ _ _ _ _ __ / //��(((�� WMITE - C�TV GLERK ' COU[1C1I Gj/' � PINK - FINANCE GITY OF SAINT PAUL p CANARY - DEPARTMENT /{ BLUE - MAVOR File NO. V Counci Resolution �1 Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the Cit Councii h s determined that adverse actions on iicense matters could best e administered by relying upon an independent �i�aring examiner to hear the original presentation of evidence and to make findings af fact and conciusi ns of law, t.ogether with recommsnded sanctions to the Council for adverse act n; THEREFORE, BE IT RE5nLVE at in any adverse action as defined by the Legislative Code, Section 31Q. I , which the Council may wish ta initiat.e �gainst. any license holder, the Cou cii shall appoint an indepencient hearing examiner to make findings of far_t, nclusions of law, and a recommended sanctian which will be presented to t e Council and/or its appropriate commit- tee for final actian after a pubtic he ring; and BE 1T FUR7HER RESOLVED, tha at e public hearing the Council or its Committee ma acce t re 'ect or madif th hearin examiner's recommendations. The Council 's or cortxnittee's scope f revi of the hearing examiner's recom- mended findings of fact and conclusions of w shall be limited to whether legal errors were made or whether t e decisi was clearly erroneous given the evidence presented. 7he Councii sh il not ent rtain additional testimony at the public hearing regarding the fa ts as deter ined by the hearing examiner. The Council would be, however , free to establish any sanctions it deemed proper based on the findings of fact made y the heariny xaminer; and BE IT �UR7HER RESOLVED, tha in adverse act n pending before the Council , or a Nearin� Examiners, Co nciimembers are ohibited from receiving ex-parte cor�tacts from any of the p rties involved in he adverse action. In addition, Councilmembers are prohib ted from discussing the adverse action with each other except whiie on the reco d during deliberatia s concerning that particular action. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ng [n Favor Goswitz Rettman scneine� A gai n s t BY Sonnen Wilson Form Approv by City Attorn Adopted by Council: Date Certified Passed by Council Secretary BY � By t#pproved by Mavor: Date _ Approved Mayor for Submission to Council By — BY , r� � �J•'f��s �r,l�✓ . � . . r��- � -__ -- -- . _ WHITE - CITV CLERK COIlI1CII �� /�� PINK - FINANCE G I TY OF SA I NT PAU L �Y' ( CANARV - DEPARTMENT BI.UE - MAVOR File �O. Counci Resolution � Presente y Referred To � Committee: Date 3� 3' � O Out of Committee Date WHEREA5, e City Cou cil has determined that adverse actions on lice e matters c uld best be administered by relying upon an indepen nt hearin exarniner to hear the original presentation of vidence a d to make findings of fact and conclusions of law, togethe with recommended sanctions to the Council for adverse tion; THEREFORE, BE I RESOL ED, That in any adverse action as defined by the Legisl ive Code, Section 310. 01 , which the Council may wish to ini iat against any license holder, the Council shall appoint a in ependent hearing examiner to make findings �of fact, conclus� n of law, and a recommended sanction which will be presented t he Council and/or its appropriate committee for fina1 action a er a public hearing; and BE IT FURTHER RESOLVE , That at the public hearing the Council 's or cornmittee's co e of review of the hearing examiner's recommended findings of fact and conclusions of law shall be limited to whether 1 gal rrors were made or whether the decision was clearly erroneou give the evidence presented. The Council shall not entertain dditio al testimony at the public hearing regarding the fac s as etermined by the hearing examiner. The Council would be, how ver, free to establish any sanctions it deemed proper ba ed on the indings of fact made by the hearing examiner; and BE IT FURTHER RESOLVED, hat in any ad rse action pending before the Council , or a earin Examiner Councilmernbers are prohibited from receiving ex-parte contacts from any of the parties involved in the adverse action. In addition, Councilmembers are prohibite from discussing th adverse action with each other except whil on the record durin deliberations concerning that particular a tion. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond V C �. ,.,.5 v i� �' T I T�� t BY Form Approved by City Attorney Adopte Certifie By By _ t�pprove Approved by Mayor for Submission to Council gy — BY ._. .._ „ ._. ..�..-:._ � 3h , .. . . . ` , .. .. _ • fJJt� f� WH17E — UTY CCF�RK � -. . � , .. e . � . .. � ., � �,{ /`� . � PINK � — FINANCE ' T" � � V4 � CO�IIICII �!`� � ` '�� ,,,,r .. . . CANARV — DEPARTMENT �1.TY OF SA I NT .PA U L � � � � BLUE — MAYOR . FIl@ NO. �� . . Counci Resolution � ,i;��'�� ''�; � �. ''>._..�,.-�r Presente y - • -�1°"'�O �-" � �' � ,� . ,.. Referred To . ' � -•� � - �(-f"-" '' ' `� � Committee: Date -=% •�`� � Out of Committee Date f�N�REAS, � �;i�y Cr?c.�t� i t �-�a� �t�r�i r�� ttsat a�#v�rse ,�ct i�� I i c� se: m�tters e i� b�� t�e ac�i rt��:er�ec� tiy re 3 y i ng uy�r+ e�rt �nc�pt� rtt t��r i r�g t��c�rri i a"t�r tc> t��t' t1't�* e�r��r�I pr`��ent�t i Ot� +a� v#'denc�s t;C� mak� ��tKi�ng� of �=�ct e'�rt�[1 ccw�c t us i�n� c�� t�w �c��t�e� i tt� re��cd�! ��c�i rsfrs �c� tfa� Go�.e�e i 1 fcyr• �tvers� �tf�t�r�� '1"N�Ft�FC}f��y �� I��4�YE . �`hat i� �n� �c#v�r�+� �t1c,r. s►� s�Bf i r�ti �iy tts� L�g�i�I 't 4 ve �. ae��t f c�r'� 3 l#�,0# Y �i�h� t�"�e Ccr�ne i 1 m�y w i�t� ta i t� ��te t r�� n� 1 1 cet�� t�1 d�r. th�e C�ur'►C i t s�i � a�ca f rtt i+�wd� �d+ertt t'��tr i t�9t �x�m i r�eir� tca tr�te �i r�d i rig� �fir �fa�:t, ��1 t#� � � I�a�r, �rtei a r~�C��1� 38�ct��t� wh��h �# � 1 k.�� sr~��t�+d t #.h �c�crr►e i ! �r►zi�'�r i�� Ppr�rr f�te . corr�r#ttee �c�r f i rt�a 1 .�ct i ot� � � �r� �ub 1 i� h��r i ng; �r►c4 E�E I T Ft.#�'THE�d �tE�t�E#�, '�°t�t ��: �h� �sct�i i c ��rr� '�#'►� CLe�r�ci i `s. c�r cc�nmit�+��'s s� � a� r�vi�w �� -t�e t��a��n� . �x�i n�r'� r�c��nded f i t�!1 n of f�rc� �nntr:� ct�r�i us i ans of i�+r sha� i be i irn��c� �-+� wh�ther � i r`�-s�r�a r�rere rr��+� �� t#�t�r �h� dec i�i c>ri r,�� c 1 e�r t� �r�-�ttetw� f v >�� t:v i�t°t�e pres�t�1. Th+� Ccau�e�i 1 �t�t�t 1 t�� *n�:ert�i r� f�i ' l t��t i mt�n,� a� tt°►+e �b� i c he�r i n�i r°,��ard�s�+� tn� ��t� �� r�i n�d t�� the h��rr i r�� x�m i r►�r. 'fh3� ��tr��c i l wtres�d , �� r-, F'r e� tc� ��tal�i i�h any� ��rrtc�� 1 t �cEe�m�i prc�r ta�s c�n t� #nQ i ng� t�f �'i�ct n�de ks�r t�� t�e�r i n� �x�n i ner� �d 8E I`�` �'t!#��"ti�R �?�:5�'it..�tEt�, Ti�a i n �►rtg✓ � r�� c�#�rs p�rac4 t rt�� f�f[�r'e tt� +�t�u�►c f � : r x f�e?� Cc�.tc��f ltt�t�,r+�r� �3r�� prr,�h�ka!i t�ct �rc'��r �r��i v i ng +�x �t�.� �on��c� Frc3m �ny :�f tt� par��f�� n�rc�i��ci in �he �at �r�e �c;t��n. I� s�f��c�n, �r�ur�a irn�r� �re �r�h i b�t+�ct �r- �� u�s i ri� � adv�r�� ct i crn w i�h ��cP`� c�t��r r��ce�at w#►i 1� csn the rec�a�-d dur i i'► d�I �t�raL i�t�►s " cr�c�c�rr��r� �t��a�_ #��r�i��1 ar ��t i COUNCIL MEMBERS Requested by Department of: ` Yeas Nays Dimond ��e [n Favor _ Gosw;tz � _ Against BY Sonnen VV'�son Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by �lavor: Date Approved by Mayor for Submission to Council By BY �. • • � �' �-�3 N°_ 011724 , �,�Ci,ncil Research DEPARTMENT ' Joseph Hannasch CONTACT NAME 298-4163 PHONE � 2-3-$$ DATE ASSIGN NUMBER FOR ROUTING ORDER: (See re erse side.) � Department Directo; , Joe Carchedi , Li ense Insp. 3 Mayor (or Assistant) � Finance and Management Services Direc or 4 City Clerk � Budget Director — _ City Attorney — TOTAL NUMBER OF SIGNATURE PAGES: (C ip all locations for signature.) WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERI LS? (Purpose/Rationale) This Resolution details Counci intent to utilize a hearing examiner in adverse actions involving license matters. It also limits scope of review by Council on hearing examiner' s eport, and further prohibits Councilmember ex-parte contacts or related disc ssions off-record. COST BENEFI BUDGETARY AND PERSONNEL IM ACTS ANTICIPATED: Dollar impact upon the budget r lated to amounts paid hearing examiners. Costs may well be offset by sa ings of Councilmembers' time. - a��C'" � r��, P ' "° -°_. , ,.�� FI?vANCING SOURCE AND BUDGET ACTIVITY NUMB R CHARGED OR CREDITED: (Mayor's signature not required if under 10,000.) F�g 1 � �98�j Total Amount of Transaction: Not yet nown. Activity Number: �,. �a � �� ,' ' ` y�' `z'p+ . Funding Source: Zf ��"''� � - ATTACHMENTS: (List and•number all attach ents.) �F"""`�"'� r'"'"'� O`�� ,o�.�-�-�.s�, `�.°�.r.',�.�' Resolution in one page. � �o a l.x.�-� ADMINISTRATIVE PROCEDURES �Yes _No Rules, Regulations, Pro edures, or Budget Amendment required? _Yes �No If yes, are they or tim table attached? DEPARTMENT REVZEW CITY ATTORNEY REVZEW Yes No Council resolution requir d? Resolution required? _Yes _No _Yes _No Insurance required? Insurance sufficient? _Yes _No Yes No Insurance attached? HHITE - C�TV CLERK � �� D�NK - FIN4N6E � � I TY O F SA I NT ��A LT L Council ^"N-�RY - 6�..o4RTF.PENT . ,1 � 9L•J£ �+AIOR • . File Ilo. �� Counci �Zesoluti � -�� , �� , � Presented E3y . " �� — � N�'=��1. Committee: Date �� ~ �,�eferred To _L_ Out of Committee By Date WHEREAS, the City Cou cil has determined that adverse actions on license matters c uld best be administered by relying upon an independent hearin examiner to hear the original presentation of evidence a d to make findings of fact and eonclusions of law, togethe with recommended sanctions to the Council for adverse action; THEREFORE, BE IT RESOL ED, That in any adverse action as defined by the Legislative Code, Section 310.01 , which the Council may wish to initiat against any license holder, the Council shall appoint an in epender�t hearing examiner to make findings of fact, conclusion of law, and a recommended sanction which will be presented to he Council and/or its appropriate committee for final action af er a public hearing; and BE IT FURTHER RESOLVE , That at the public hearing the Council 's or committee's cope of review of the hearing examiner's recommended find'ngs of fact and conclusions of law shall be limited to whether 1 gal errors were made or whether the decision was cle�rly erroneou given the evidence presented. The - Council shall not entertain dditional testimony at the public hearing regarding the fac s as determined by the hearing examiner. The Council would be, however , free to establish any sanctions it deemed proper ba ed on the findings of fact made by the hearing �xaminer; and BE IT FURTHER RE�Q LVED, hat in any adverse action pending • before the Council/��tiuncx�lm m�er� are prohibited from receiving ex-parte contacts /from any of the parties involved in the adverse action. In addition, C uncilmembers are prohibited from discussing the adverse action with each other except while on the record during deliberations c ncerning that particular action. COUNCIL MENIBERS Requested by Department of: yeas Nays Dimund Lo�� In Favo Coswitz I Rettman B s�heinel Against y Sonnen ��'ilson L Form Appr by City At r ey ?�dop;ed by Council: Date Certified Yassed by Counc.il Secretary BY / �� -- � l Apvroved by 1lavor: Date _ � Approve� by Mayor for Submission to Council By. _ _ __ BY _ r)/, n . . �..,� ��' � j -- ' � �, , , �-t ;_� �` �;(�1,C�' �v'' ��-�� --- _ _ / ��'' �'� � _ . r WHITE - C�TV CIERK COLLIICIl �� PINK - FINANCE GITY OF SAINT PAUL � �'�� CANARY - DEPARTMENT ' BLUE - MAVOR File NO. f Counci Resoluti � Presented Referred To � N►'� Committee: Date a'�� Out of Committee By Date WHEREAS, t e City Cou cil has determined that adverse actions on licen e matters c uld best be administered by relying upon an independ nt hearin examiner to hear the original presentation of e idence a d to make findinge of fact and conclusions of law, togethe with recommended sanctions to the Council for adverse a tion; THEREFORE, BE IT ESOL ED, That in any adverse action as defined by the Legislat 've Code, Section 310.41 , whfch the Council may wish to init at against any license holder , the Council shall appoint an n ependent hearing examfner to make findings of fact , conclusio of law, and a recommended sanction which will be presented to he Council and/or ite appropriate committee for final action af r a public hearing; and BE IT FURTHER RESOLVE , That at the public hearing the Council 's or committee's cop of review of the hearing examiner's recommended findings f fact and conclusions of law shall be limited to whether 1 gal e rors were made or whether the decision was cle�rly erroneous given the evidence pre8ented. The Council shall not entertain dditfon 1 testimony at the public hearing regardin� the facts as termined by the hearing examiner. The Council would be, how ver, free to establish any , sanctions it deemed proper based on the findings of fact made by the hearing examiner ; and , BE IT FURTHER RESOLVED, hat in any dverse action pending ' before the Council , Councilme bers are pr hibited from receiving ex—parte contacts from any of the parties i volved in the adverse action. In addition, Councilmembers re prohibited from discussing the adverse action ith each othe except while on the record during deliberations co cerning that p ticular actfon. COUNCIL MEMBERS Requested by Depart nt of: Yeas Nays Dimond �� [n Favor ca�c� �� scne;n�� _ Against BY Sonnen Wilson Form Appr by City At r e Adopted by Council: Date Certified Yassed by Council Secretary BY � ' / gy, Approved by Mavor. Date Approve� by Mayor for Submission t Council By _ BY ,. . . ..� �� z - • �g � �.... � " ... .. .,: .. ,�,�, . . •. P NKE - CF�uA CE RK � . g .. � - 7 . � � � �' � CO11tIC1I � { ,F ' �� I J��} '. CANARY - DEPARTMENT - ' C j TY OF SA I NT �PAU L ,�`-}�f _ �.� ��"` - BtUE -MAVOR ' � F11B NO.� . . Counci Resoluti f�� ; Presented y ,�'�= ` � , ��Y ( Referred To �� - Committee: Date "� � ; _ :.�. Out of Committee By Date . i�H��A�, � City Co cil hsi dat��ined that $dver�e a�tion� nrs �icen e s�atter� e u�d a��L b� xd�inistered by re�.ying�.. . . upr�n at�- ir►dep�n nt tt�earin e�i��r to hesr Zhe c►ri;fnal prese�ttatfcar� of e ideac� a c! to �k� �in+dit�e oi f�ict a»d ' concleuior�s af 3.aw, tr�g�tt� with recc+am��nd+�d sancti+ans, ��► ttr� � ��r�er��,i �or ad��rs+� � tior�� TEISR�FOR�S, 8E 2T E�[►L �I?, ?h+�t ir� any a►dv+arse act3:on a�s ti�fi��rd b�€ ttt� L+�gtsla ve C+nde, �tfs�n 31t3.�1, whf+cb tbe �Cneu��f1 �s�y w�eh �.a inf at s�ainst any �.i�e��e holder, th�a �, Ca�#.1 �r.hsll apFo�,nt an n ��r�dent heari�� a�ri�r �,+� �ke � '-- �in�ir►�s af f act} aanclus i af �.�ayt, ��ci � recc�a�f€�ded �anct io�n � : xhie� w��:Xl b� gr�sented to he Goetr�il arnd/or it+� aFP�rc�priate r n� ` . ,,,� c.v�ai�t� �or �Final acticar� s�' r a pub3.ic �aari�st a�d � : Bg I'T �"pR1'i�ER I��S+DL�E , That at ti�,s pub�.�.c,� haaring ths . _Cc►unci�`• or co�it�+�'s cr� a� review oi,' the �SSa�ri.n� � o�r�#�ar'a r��cc�►�e�nded f ind fl� � faet �nd concln�io� r�f l�w • � shal2 t� lf�f t+�d �o wh�ther l s�rl rars wer� �rrad+a c►r w��atY�sr the : deci�i+r�rn► r��s cl�a�rl� �rrane�a g��rs t,h� evid�nce pre�ented. T�e � Co�nci� re�l�. na►t sntartai.n dd#tio 2 t�rst#x�ay at thes public h�aring reg�ard�is�g the ��c �e aa Qtsr�in�d �Y th� heari,t� eac�in�rr. The C�citkcil t►rould b�. h er. !`rss tv ��tsbli�tt�•i�l ,� � tanctie�rts �t d��d prnpar �bg �d on t�t� f'indi� a# fasMt �►de t�r�* : �" . t3ie hearir� s�,�»gr; a�n+d . �8 IT FUR'pEtER RESCILYED, at ia �ny dv�rr+� aEcti€�an per►dins = befare Ghe Caunci�, Go��c#,�. �ab�►e�r ar� �r f�iited :fire� r�►ceivi;�� ex—park� cc�s�tacts #ram an�r o!` t�xe part�,��r valved in th� sdvers� actior►. In additfon, C une#l�b�r�t re proh�:bited f'r� _.. discusarfn,� tba adv�ers� a�tion witA eaai� othe �xe�pt whil+� �a� tha�` � raca�rd durin� de23.beratior�a c �nc�rn4n,s that p t��ul� �act�c�. �� `i F.. �r.'�. . � � . 4_. .1 . . .. .. .. . 4' COUNCIL MEMBERS � Requested by Depart nt of: �`` Yeas Nays . . Dimond . �� [n Favo �- Goswitz i 1 �; �� Against BY Sonnen � Wason Form Approved by City Attorne -_ Adopted by Council: Date Certified Passed by Council Secretary � BY . By Approved by 1Aavor: Date Approved by Nlayor for Submission t Council , ° �,::: gy _ gY � • �� . . V � � Y I � , • "� ' • �I�. Q11724 � Council Research DEPARTMENT JeseQh�Hannasch CONTACT NAME _ 298-4163 PHONE � 2-3-8$ DATE . � ASSIGN N[JMBER FOR ROUTING ORDER: (See re erse side.) � Department Directo; , Joe Carchedi , Li ense Insp. ,� Mayror (or Assistant) � Finance and l�anagement Services Direc or 4 City Clerk � Budget D3r�ector _ _ City Attorney _ . � � TOTAL NDI�IBER OF SIGNATURE PAGES: (C ip all locations for -signature.) WI V TAK CT 0 0 CH D P <Purpose/Rationale) , , �This Resolution detaiis Council intent to utilize a hearing examiner in adverse actions involving licens matters. It .also limits scope of review by Council on hearing� examiner' s report, and further prohibits ,Councilmember ex-parte contacts or related dis ussions off�record. ' C T B N G AND SONN S C P D: Dollar impact upon the budget elated to amounts paid hearing examiners. Costs mey well be offset by sa ings of Councilmembers' tir�. FINANC N D T V E C G RE TED: (Mayor's signature not required if under $10,000.) TotaL Amount of Transaction: Not yet nown. Activity Number: Funding Source: , Z-� (�-�� ATTACIi�iENTS: (List and number all attac ments.) �"""i4� ` �" �'�' �l7�.t�r�,.,�, . Resolution in.one page. �. ADI�INISTRATIVE PROCEDURES �Yes No Rules. Regulations, Pr cedures. or Budget Amendment required? _Yes �No If yes, are they or ti etable attached? DEPARTMENT REVIEW CITY ATTORNEY REVIEW � ' _Yes _No Council resolution requ ed? Resolution required? _Yes _No _Yes ,_No Insurance required? InsuranCe sufficientT _Yes _No _Yes ,_No Insurance attached? . . �' �''/'��.� . . • CI'i'X OF' SAIN'r .P.ALTL � �,t C�� . ' embers. : 'i� n�si. . , � OP'F'ICD UF F3H! oiTY COVNCIL BOb �ng, �air �� • � Janice Rettman ... � • Totrt Ditnond � Corl�u �tee Pe or� - � ,1� . I� �':i�a�ce �Ialla e11�eIl� & Pei'SUIlI121 CUIIlII11t�eE. �1 rL�au Y a2 i�ss - . l. Approval of mfnutes of eettng heid February 8. I988. Appron�d. : ^� ' 2. Resolutton a '. pproving th renewat oF On Sate liquvr Ltcense for the Kick-OFF Pub located at t34T Burns. (Refe�red from City Counctl meettng February 2) I,a d over to 2/29 3• Report from �icense lns ector on Beimont Club liquor Ifcense tnve�tigatfon. 4. Resolutton requesting t e Otrector of Personnel to change class specift- cattons for unclasstfte titte oF Poltcy Anatyst as it pertalns to m►ntmum qualiftcations, (ReFer ed from City Councif ineettng February !6) Tabled ' . 5. Resoiution directing CI y Clerk to notlfy State Charttab►e Gambling�effnatelp �Control Board of any ad erse actlon that City Couneii may take based upon any gambling vlola tons on the part oF any ltcensed 1lquot' estab- Ilshment. (Referred Fr m Clty Council meettng Febrvary !6) A�proved as�amenc�ed 6. An ordtnance amending C apter Q09 of the leglslative Code pertatntng to tntoxicating liquor and establishing a polnt system for }Iquor vtolattons and adverse actlon. (R ferred from Ctty Counctl meeting February 16) j,aid over , 7. An ordtnance amending C apter 409 of the �egtslative Code to 2�29 penalties fvr violation to Ilquor laws and Pertatning to hotding adverse hearing on violations. provlding procedures for meettng February �E,� (Referred from Ctty Council leted 8. An ordinance amending C apter 409 of the Saint Paui legislatfve Code providing procedures F processing oF investigative reports, hold(ng adverse hearings on II or law vtolations, and establtshing presumptive • penalties for violatto s pf iinuor__) _____--_- �-•-�i�-9v'er--�g 9. Resolution approving t e process to�;��r ��..�st�t�et:s #�;ay :� t.�c x.. i n �'��*� I l m t t i ng the scope of review by Councll on h aring examiner's report and prohibtting ex- . parte contacts, Appr ved as amended 10. Resolutlon establtshin a Licen�tng Commfttee . �- f . Laid over to 2/29 11. biscusslon and adoptio vF Commtttee goats for fg88. (Latd over from Commlttee meeting Feb� ary 8) Will be taken up at City Council Retreat 2/26� ' 12. New 8u�inee�. 13. AdJourn. . CLTY HALL SEVENTl� � OOR SAINT YAUI.� MlNNESpTA i5t02 • �.,. -