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Approved Minutes 9-23-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 23, 1998 - 3:30 P.M. r CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order by Council President Bostrom at 3:45 p.m. Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 20) Nancy Anderson, Assistant Secretary to the Council, noted that Item 10 will be laid over two weeks as there is no Council meeting on September 30. Nancy Anderson noted that there was a revised drawing distributed of the plat for Williams Hill, Item #11. Councilmember Blakey removed Item 9, D001589, and Item 18 for discussion. Councilmember Benanav removed Item 9, D001592 for discussion. Councilmember Lantry removed 629 North St. #lfrom Item 12, and requested it be laid over to October 7. Council President Bostrom noted that Item 20 will be laid over to October 7. Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of August 26, 1998. Adopted Yeas - 7 Nays - 0 2. Claims of Daniel Bojarski, Tayna Bartone, Morgan Christian, Barb Skoog and Emmett Dacey, Linda Jones, Frank Mayers, and Lue Vang. Referred to Employee/Risk Management Division 3. Summons and Complaint in the matter of Reklis-Noreen Partnership, dba Video Lease et al vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Motion for Temporary Restraining Order, etc. in the matter of DVM, Inc., dba Dahlco Music & Vending, et al vs. the City of Saint Paul, et al. Referred to the City Attorney's Office September 23, 1998 City Council Summary Minutes Page 2 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 7, 1998 to consider the appeal of Scenic Minnesota, Highland Area Community Council, and Rogers Chambers to a decision of the Planning Commission regarding storm-damaged billboards at 1820 Grand Avenue (southwest corner of Grand and Fairview Avenues) and at Highland Village Shopping Center (southwest corner of Ford Parkway and Cleveland Avenue). 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 14, 1998 to consider adverse action against the cigarette license held by Chang O'Hara's Bistro, 498 Selby Avenue. (Uncontested) 7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on October 14, 1998 to consider adverse action against the cigarette license held by SuperAmerica, 399 Lexington Parkway North. (Uncontested) 8. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 430 Blair Avenue and 794 Frank Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 9. Administrative Orders: D001588 Amending the 1998 budget in the Department of Libraries to cover costs of a temporary employee. Noted as on file in the City Clerk's Office D001589 (discussed after the consent agenda) D001590 Authorizing payment, not to exceed $3,000, to Dan Gleeson for an illustration of the future Harriet Island promenade and pavilion area. D001591 Establishing the schedule for 1999 qualifying pay periods for employee insurance benefits. Noted as on file in the City Clerk's Office D001582 (discussed after the consent agenda) 10. Resolution - 98-853 - Approving the 1997-1998 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. (To be laid over one two weeks for adoption) Laid over to October 7 for adoption 11. Resolution - 98-854 - Finalizing City Council action taken September 9, 1998 granting a preliminary and final plat for Williams Hill Industrial Park, located along Olive Street north of University Avenue. Adopted Yeas - 7 Nays - 0 September 23, 1998 City Council Summary Minutes Page 3 12. Resolution - 98-855 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for: 1285 Hamline Avenue North, 1148 Seventh Street West, 439 Portland Avenue, 2000 Seventh Street West #114, 370-372 Fuller Avenue, 629 North Street #1, 960 June Avenue, 80 West Lawson Avenue, 1424, 1428, 1430, 1432, 1434, 1436 Case Avenue and 1741, 1751, 1761 Sims Avenue, and 1564 Upper Afton Road. Adopted as amended Yeas - 7 Nays - 0 (629 North Street #1 laid over to October 7) 13. Resolution - 98-856 - Accepting a grant in the amount of$318,577 from the State of Minnesota for After School Enrichment Program. Adopted Yeas - 7 Nays - 0 14. Resolution - 98-857 - Authorizing the Police Department to submit a grant application to the Office of Drug Policy in the amount of$132,000 for funding a partnership with the Dakota County Sheriffs Department entitled the East Metro Coordinated Narcotics Taskforce. Adopted Yeas - 7 Nays - 0 15. Resolution - 98-858 - Authorizing payment of$155,000 to The Conservation Fund to purchase 12.73 acres of property, known as the "LaFavor property," in the Highwood area which will be given to the City for use as passive park. Adopted Yeas - 7 Nays - 0 16. Resolution - 98-859 - Releasing certain utility easements in vacated Stewart Street west of Homer Street. Adopted Yeas - 7 Nays - 0 17. Resolution - 98-860 - Authorizing the purchase of one parcel of vacant land for the Highwood Bluff Acquisition Project. Adopted Yeas - 7 Nays - 0 18. (Discussed with Item #22) 19. Resolution - 98-862 - Regarding a Multifaceted Pilot Prevention and Enforcement program to reduce youth access to alcohol. (Companion to Resolution #98-530, Item #21) Adopted Yeas - 7 Nays - 0 20. Resolution - 98-863 - Suspending licenses held by Carbone A Family Corporation, dba Napoli Cafe, 1406 White Bear Avenue, for delinquent taxes owed to the State of Minnesota. Laid over to October 7 Yeas - 7 Nays - 0 September 23, 1998 City Council Summary Minutes Page 4 9. D001589 Amending the 1997 budget in the Department of Fire and Safety Services for staff changes in the Property Code Enforcement Division. Councilmember Blakey said it appears from this administrative order that one position will be taken from Property Code Enforcement. It's actually a half-time inspector position and that person handles management issues. The administrative order gives the appearance that this position is being moved to full-time management and a half-time inspector would be lost. The Council recently added two inspectors and Blakey questioned why this change would be made as he said he was concerned about losing a half-time inspector. Warren Bostrom, Property Code Enforcement Division, responded that one of the programs in Property Code Enforcement is the Truth-In-Sale of Housing Program which the City is mandated to have. The program was staffed half-time by one of the Housing Code Enforcement Inspectors. The function of this position, held by the head of Housing Inspection, was mainly administrative in nature. If the person did go out to look at a complaint that was registered, he was prohibited from taking any enforcement action because of the way the law is written. This will put the administration of any unit with the administrative assistant and that person will, hopefully, be able to administrate it better and more efficiently. It is a lower level position that will be filled by a person who had been an intern in the Offices of Labor Relations and Human Resources. This person will be able to offer some much needed help as currently there is no professional on staff to do projects. Councilmember Blakey requested assurance that a half-time inspector will not be lost. Mr. Bostrom responded that the person who was doing this job was an inspector but was not doing inspection duties. They were performing mostly administrative and sometimes clerical functions. That person has been transferred out and is going back to full-time inspection. There are still 1.58 positions this season in the inspection office, he said. Councilmember Coleman moved approval. Approved Yeas - 7 Nays - 0 D001592 Authorizing payments totaling $25,550 for Marketing and Promotions to assist neighborhoods in marketing and promoting their respective events for the public good. Councilmember Benanav said it was his understanding that an outside consultant was hired to coordinate the events for the grand opening of the Wabasha Bridge. He expressed concern about the use of City dollars to hire a consultant for work that he felt the City's public relations staff could do. Joe Zappa, Citizen Service Office/Marketing, stated that the community nature of the Wabasha Bridge opening brought in many partners. A $15,000 contract was written with MediaRare with $3,500 contributed coming from the Riverfront Corporation, $3,500 from Capital City Partnership, $4,600 from the City's Public Work's Department from their project budget (budgeted for the bridge opening) and $43,400 from the Marketing Office budget. The Ramsey September 23, 1998 City Council Summary Minutes Page 5 County Fair also participated in promoting the event through its marketing. Mr. Zappa estimated that $30-40,000 was the total expenditure for the bridge opening including donated services and said he was comfortable with the expenditures. Councilmember Benanav said he felt the dollars expended was an excessive amount for a bridge opening and he would have preferred that there would have been more private dollars put toward the event. Mr. Zappa responded that there were discussions about finding sponsorships for the event but it was felt that at some point the City has to assume responsibility for its own entity. Approved Yeas - 7 Nays - 0 FOR DISCUSSION 21. Resolution - 98-530 - Accepting grant funds for liquor compliance checks for 1998 to be performed by the Police and the Office of License, Inspections and Environmental Protection. (Laid over from August 26) Bob Kessler, Office of License, Inspections and Environmental Protection, introduced members of the Task Force. Mr. Kessler said an agreement has been reached but there is still work to be done and there will be additional meetings to continue the process. A member of the Task Force thanked the Council and said he feels they have reached an agreement that will work the best for the community. Councilmember Coleman moved approval. Adopted Yeas - 7 Nays - 0 (Items 18 and 22 were considered together) 18. Resolution - 98-861 - Budget amendment transferring contingency funds to support an information technology workforce training program for low income people and the Saint Paul Information Technology Council. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 22. Update from the Department of Planning and Economic Development on the high technology computer training program to meet the needs of Lawson Software's future employees. (Update requested on September 9, C.F.#98-823) Sean Kershaw, Department of Planning and Economic Development (PED), appeared. He provided background information saying that a resolution was adopted by the Council on July 30, 1997, directing the City to train 100 low-income St. Paul residents for jobs in the information technology industry. Mr. Kershaw stated that PED has been involved in numerous pilot efforts September 23, 1998 City Council Summary Minutes Page 6 and a great number of changes are taking place. They have learned that the City needs to act as a catalyst in this process and does not necessarily have to pay for all the workforce costs. Because of the labor shortage, employers are willing to invest money to find skilled workers . Sometimes they have paid all of the costs and other times the City has put in seed money. With employers playing a part, there is a much better opportunity to leverage additional funds for the program. Also, the coordination of existing resources and improving existing training programs is sometimes as important as creating new training programs or increasing the number of people who are trained. A lot of work has also been taking place related to the information technology industry. Computers and software is one of the five "industry clusters" that's been identified for the region. These are industry groups where the City has a competitive advantage over other areas due to an unusually large concentration of the businesses, and the industry as a whole is growing very rapidly and pays good wages. St. Paul has a real asset in the information technology industry, Kershaw stated. Members from this industry have been at the table with the City training providers, trade associations, and businesses of all sizes. At times there is a problem with the coordination of resources as the industry is growing rapidly and sometimes the systems have not adjusted. Mr. Kershaw said PED proposed that the City Council provide $22,500 to fund a training program operated by Total Solutions Group Institute (TSGI) which would be a one-year commitment. With the number of low-income people trained from St. Paul, it would be at least equal to the proportion of the funding the City put into the program. The other opportunity it allows is the Institute to be connected with the non-profit groups, community groups, and agencies in St. Paul that have access to potential clients so that ratio would be available as a minimum and hopefully there would be a chance to go above that. The reason for this proposal is that TSGI's program exactly meets the goals that were established by the City Council in 1997. It trains people with limited work histories, usually low-income, for good paying jobs with good potential in the information technology industry. It leverages significant resources from the private sector, and it is felt that it is an innovative and effective program that is worth the City's investment. Mr. Kershaw also requested that the Council approve $28,650 to be held by PED for potential use for the Information Technology Council. This would be seed capital to get started and would be held by PED until certain conditions are met and a detailed business plan is put together. He added that this also helps to meet the goal established by the Council. The number one issue for the information technology industry is workforce development at all skill levels. This is a tremendous economic development opportunity for the City, Kershaw said, that includes workforce and business expansion for businesses. PED feels that this will also leverage significant resources from the private sector. (Councilmembers Coleman and Harris left and returned during the discussion) September 23, 1998 City Council Summary Minutes Page 7 The following individuals appeared in support of the Workforce Development Program: • Jeff Redman, Attorney with Briggs & Morgan, and Chair of the Steering Committee for the St. Paul Information Technology Council and a member of the Workforce Development Council. • Robert Falasco, Partner in TSG Institute The following individuals appeared and addressed questions and concerns with the program: • Marlene McIntosh, 1333 Selby Avenue, ACORN member • Jacob Matadi, 786 Wells Street • Geri Woessner, 505 E. Lawson Avenue • Otimio Vasquez, 1033 Desoto Councilmember Harris noted that in the past three years the City has spent over $5 million per year on job training programs and said he does not want people to have the impression that there is only a $20 thousand expenditure for job training. 23. Resolution - 98-852 - Approving the form of the ballot question recommended by the Saint Paul Charter Commission to amend the Saint Paul City Charter 2.07 and 2.07.1 pertaining to the annual salary of a City Councilmember. (Laid over from September 16) Phil Byrne, Assistant City Attorney, explained there were questions asked about this resolution pertaining to the meaning and intent of a ballot question proposed by the Charter Commission. He said it is the intent of the Charter Commission to remove references to dollar amounts in the Charter so that both the Charter and the special law would reflect the fact that the Council is in charge of fixing its salary. Since this arises from a Charter Commission power under the Statute to recommend amendments to the Charter, there is not a penalty if it is not sent on to the ballot. However, Mr. Byrne said the Council's ability is restricted to fixing the question on the ballot. If the Council took no action and did not fix the question on the ballot, it would not appear on the ballot. Councilmember Coleman asked if a commission could be established to look at the salary issue as he did not feel that type of decision-making authority should be placed with the Council. Mr. Byrne responded that he did not have an immediate answer to Mr. Coleman's question and he would look into it. In spite of what State law says about the Council's authority, Coleman said this is an issue that was before the voters and he did not feel the voters decision should be ignored. He did feel at some time it should be brought back to the voters. The issue is how it would appear on the ballot and who makes the ultimate determination of the salary. He suggested that the City Attorney's Office draft potential language which may preclude it from being on the ballot this fall. With or without this language, Councilmember Blakey asked if the Council has the ability to fix their salaries. Mr. Byrne responded that it was the position of the City Attorney's Office that the special law does give the Council the ability to fix their salary. Councilmember Blakey questioned why this was before the Council. September 23, 1998 City Council Summary Minutes Page 8 Councilmember Harris noted that based on the 1992 ballot question, the Charter now says that the Council salaries shall be $30,000. The voters voted on the question and, therefore, the public expectation is that is what it should be. Harris talked against making a change. Phil Byrne said if the Council does not pass the resolution, it will not be on the ballot and the situation will remain that there is a 1973 special law and a subsequent Charter change. Council President Bostrom indicated that he introduced this resolution because the Charter Commission requested it be introduced to the Council. Councilmember Coleman questioned if the Council had the authority to change the question for the ballot or if it would have to go back to the Charter Commission. Phil Byrne advised that the Council has the authority to draft the question which most accurately describes the amendment proposed by the Charter Commission. The Council does not have the authority to change the substance or the language of what was proposed by the Charter Commission. Councilmember Coleman suggested that if the Charter Commission wishes to change this provision on a ballot question, they should set up a commission to review the salary and not have the Council deal with it. (Blakey left during the discussion) Bob Butterbrodt, Chair of the Charter Commission, appeared. He said the intent of the Commission in adopting the language was to embody the overwhelming testimony that was heard in hearings -that the Charter was an inappropriate place for a dollar amount with respect to the salaries of the Council. It was the Charter Commission's intent in passing the recommendation to amend the Charter by removing those numbers. He said his understanding was that if the only action the Charter Commission took was to take the number out of the Charter, the situation would be that the Council would then be authorized to set its own salary because that is the way it was before the salary cap was put into the Charter. They received testimony that there should be some other mechanism such as a commission that would advise and make a recommendation as well as other proposals. The primary intention of the Charter Commission was to remove the dollar amount from the Charter. Mr. Butterbrodt said their understanding of the process is that if the Charter Commission acts to recommend that this issue be placed on the ballot, the City Council decides the wording of the question. He did not believe the Council had the power to decide whether or not to put it on the ballot. Andy Driscoll, former Charter Commission member, appeared and said he chaired the Council Structure Subcommittee of the Charter Commission when the language was put on the ballot in 1992. It was felt that anything placed on the ballot at that time would override any existing provisions within the Charter. September 23, 1998 City Council Summary Minutes Page 9 Phil Byrne responded that was not his understanding but rather that a Charter provision can be superseded by a special law but the special law can then be superseded by a Charter provision. Mr. Driscoll said if there is a concern about a process and procedure other than the Council deliberating over their own salary, and passing a resolution to that effect is more amendable to the Council, he felt they were free within their legislative responsibilities to establish a study commission and a Charter amendment could be made. However, removing the number from the Charter right now, seems to be a wise decision. Discussion ensued amongst the Councilmembers and Councilmember Coleman said if it's germane to add language that allows for the establishment of a commission to determine salaries, he felt that would be an appropriate question to present to the voters. Council President Bostrom said he would withdraw the resolution and have Mr. Byrne look at the issue in more detail. Resolution withdrawn 24. Resolution - 98-864 - Referring the application for a Firearms License by St. Paul Firearms, dba St. Paul Firearms Company, Gregg A. Perkins, President, 634 Snelling Avenue North, to an Administrative Law Judge. (Reiter left and returned) Councilmember Benanav moved to introduce a substitute resolution which referred the case to an Administrative Law Judge (ALJ). At the Legislative Hearing there was agreement that there were no new facts. Subsequent to that, the City Attorney had a discussion with the parties involved at which time the applicant indicated that there are new facts which would have an impact on the case. The ALJ has been asked to only consider any new facts that are felt to be relevant to this situation. Phil Byrne, Assistant City Attorney, said he had a conference call with the attorneys for the neighbors and the license applicant and staff from the Office of License, Inspections and Environmental Protection. They discussed what the procedural posture of the case would be, whether there were any new facts and whether the parties could use the old record or stipulate to a new set of facts. At that time, the parties were still of the belief that there were no new facts. Subsequent to that conversation, based on various communications with the attorneys for each of the three parties, they now see that there are facts. Mr. Byrne said it is his understanding that the applicant indicates that the passage of time from last year to this time allows him to bring forth evidence of good character relating to his fitness to have the license which may have been a disputatious issue the last time the matter was heard. Neighbors may have new facts and issues they will wish to bring in also. Councilmember Benanav moved approval of the substitute resolution. Substitute introduced and adopted Yeas - 6 Nays - 0 (Blakey not present for vote) September 23, 1998 City Council Summary Minutes Page 10 ORDINANCES 25. Final Adoption - 98-766 - Establishing a moratorium on pawn shops pending a review and recommendation by the Planning and Economic Development Department and the Planning Commission. (Amended on September 2) Councilmember Lantry moved approval. Adopted Yeas - 4 Nays - 2 (Benanav, Coleman) (Blakey not present for vote) 26. Final Adoption - 98-779 -An ordinance amending Chapter 84 of the Saint Paul Administrative Code (Vendor Outreach Program) to make St. Paul's certification standards and definitions match those of other jurisdictions. Councilmember Reiter moved approval Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) 27. First Reading - 98-865 - An ordinance amending Appendix C of the Legislative Code pertaining to the gas service franchise of Northern States Power Company. Laid over to October 7 for second reading 28. First Reading - 98-866 - An ordinance amending Saint Paul Legislative Code Chapter 409.26; reducing the presumptive penalties for noncompliance of liquor licenses. Laid over to October 7 for first reading Suspension Item Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 98-877 - Approving settlement entitled "Schnitzer Site Mediation Statement of Terms of Settlement" whereby alleged polluters will pay the cost of clean up thereby reducing the amount of tax increment financing by an equal amount. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) The meeting was recessed from 5:23-5:50 p.m. Roll Call: Present - 6 Absent - 1 (Coleman - arrived later in the meeting) September 23, 1998 City Council Summary Minutes Page 11 PUBLIC HEARINGS 29. Resolution - 98-867 - To consider the application of Sean O'Byrne of Great Waters Brewing Company for a sound level variance from 4:30 p.m. to 10:00 p.m. on October 1 & 2, 1998 and from 12 Noon to 10:00 p.m. on October 3, 1998 to allow live music to be held in a tent on 7th Place Plaza. No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Coleman not present for vote) (Coleman arrived) 30. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Brain Corporation, dba Arcade Bar, 932 Arcade Street. Virginia Palmer, Assistant City Attorney, appeared and stated that this matter concerned revocation of the certificate of occupancy (C of 0) for the Arcade Bar. The Administrative Law Judge (ALJ) Report recommended that the Council take adverse action and suspend the licenses until the C of 0 has been issued and the recommendation of Licensing was to follow that recommendation. The Fire Inspector indicated that almost all of the work has been done on the building and they are prepared to issue the C of O. However, the fees have not been paid. Based upon that, Ms. Palmer requested that the Council act on the recommendation of the ALJ and adopt the findings. When this matter comes back before the Council in the form of a resolution, they will know whether the C of 0 has been issued and then the suspension would not take place. Council President Bostrom clarified that this action would suspend the license of the Arcade Bar until such time as a C of 0 has been issued. No one appeared in opposition; Councilmember Harris moved to accept the ALJ report. Adopted Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge Yeas - 7 Nays - 0 31. Resolution - 98-566 - Ordering the owner to remove or repair the building at 674 Wells Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from August 26) Councilmember Lantry moved to lay over five weeks at the request of Council President Bostrom. Laid over to October 28 Yeas - 7 Nays - 0 32. Resolution - 98-868 - Ordering the owner to remove or repair the building at 370 Atwater Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner six months to complete rehabilitation) Gerry Strathman, Legislative Hearing Officer, reported that the fees have been paid and the bond September 23, 1998 City Council Summary Minutes Page 12 posted and permits pulled for this property; therefore, he recommended the owner be allowed six months to complete the rehabilitation. No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval. . Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 (Blakey left) 33. Resolution - 98-869 - Ordering the owner to remove or repair the building at 312 Erie Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) No one appeared in opposition. Gerry Strathman, Legislative Hearing Officer, stated that a hearing was held on September 15, 1998. At that time, it was indicated that there may be a new owner for this property but he was not aware of a new owner up to this time. Further, Mr. Strathman noted that no bonds or permits have been obtained on this property. Mr. Strathman showed pictures of the property which indicated there had been serious fire damage. Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Blakey not present for vote) (Blakey returned) 34. Resolution Ratifying Assessment - 98-870 - In the matter of summary abatements (property clean- up) for May, 1998; boarding-up of vacant buildings for April and May, 1998; and towing of abandoned vehicles for April, May and June, 1998. (File #J9804A, J9804B, J9804V) (Legislative Hearing Officer recommends approval with the following exceptions: 787 Fuller Avenue - Delete Assessment; 1904 Jefferson Avenue - Laid over to the October 6, 1998 Legislative Hearings) No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 September 23, 1998 City Council Summary Minutes Page 13 35. Appeal of Sharon Smith to a summary abatement order for property located at 82 Cook Avenue West. (Legislative Hearing Officer recommends denying the appeal) (Laid over from August 26) No one appeared in opposition; Councilmember Reiter moved to close the public hearing and deny the appeal. Appeal denied Yeas - 7 Nays - 0 36. Resolution - 98-871 - Making certain determinations and findings necessary for acquisition of property at 393 Sherburne Avenue. Withdrawn by Councilmember Blakey. 37. Resolution - 98-872 - Authorizing the purchase of property located at 1686 Hoyt Avenue as part of Phase I of the Hoyt-Montana Flood Remediation Project. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 38. Final Order - 98-873 - In the matter of the direct purchase of property located at 1662 East Hoyt Avenue which is vulnerable to flood damage during rain storms. (File #18883) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 39. Resolution Ratifying Assessment - 98-874 - In the matter of the Railroad Island Area Street Paving and Lighting Project. (File #18856) Peter White, Real Estate Division, requested a layover to October 14, 1998 as this project is being constructed with the Margaret-Arcade Project and he would like to have both hearings on October 14. No one appeared in opposition; Councilmember Benanav moved to lay over three weeks. Laid over to October 14 Yeas - 7 Nays - 0 40. Resolution Ratifying Assessment - 98-875 - In the matter of the Ecolab Plaza Project. (File #18863, 18863A, 18863B) No one appeared in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 September 23, 1998 City Council Summary Minutes Page 14 41. Resolution Ratifying Assessment - 98-876 - In the matter of replacement of lead water service connections, as requested by property owners. (File #98LDSCRPL) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 7 Nays - 0 42. Public hearing to consider the application of Lower Afton Seniors LLC to rezone property from B- 2 (Community business) to RM-2 (Multiple Family) to allow construction of 56 units of senior housing on the currently vacant site on Lower Afton Road (201 feet west of McKnight Road). Martha Faust, Department of Planning and Economic Development, appeared and stated that the District 1 Community Council supported this application. No one appeared in opposition; Councilmember Lantry moved to close the public hearing, grant the application and adopt the Planning Commission's resolution and its findings. Motion of Intent - Application Granted Yeas - 7 Nays - 0 Councilmember Benanav requested that the Administration provide an update on Liveable Wages at the October 28 City Council meeting. Councilmember Coleman moved to adjourn the meeting. Yeas - 7 Nays - 0 ADJ ED AT 6:05 P.M. /7Al Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson Q�� Qk 1 1 y� Assistant Council Secretary mce g \.- ,\, , c.N, rtC I a N9 . - ((- yam o ,, o 4 'II i I p., i c-l' (i_' Pzi '",., 5 1 x i i ,,, v .., iI1 M 'i.' F6,1 Iti SL U V J 1 F 1 z , 1 i :\b p 8i "(, cQl w SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, September 23, 1998 1:30 p.m. Northwest Conference Room Third Floor City Hall and Court House Saint Paul, Minnesota CLOSED DOOR SESSION Present - 4 - Councilmembers Jerry Blakey, Chris Coleman, Kathy Lantry and Jim Reiter Absent - 3 - Councilmembers Dan Bostrom, Jay Benanav (arrived later in the meeting) Councilmember Mike Harris (Excused) Also present were: Jerry Hendrickson, City Attorney's Office; Chuck Armstrong, Mayor's Office; Dave Gontarek, Department of Planning and Economic Development and Gerry Strathman, Council Research Center. The meeting was called to order by Councilmember Blakey at 1:34 p.m. Councilmember Benanav and Phil Byrne, City Attorney's Office,joined the meeting at 1:36 p.m. Council President Bostrom joined the meeting at 1:41 p.m. Session discussed pending litigation. ADJOURNED AT 1:50 P.M. 10.4 ounci President Dan Bostrom ATTEST: Minutes approved by Council Gerry Str an Council c tary