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Approved Minutes 8-19-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 19, 1998 - 3:30 - 5:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:30 p.m. by President Bostrom. Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1- 16) Councilmember Blakey requested item #13 be removed for discussion. Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays - 0 FOR ACTION 1. Approval of minutes of July 1, 1998. Adopted Yeas - 7 Nays - 0 2. Claims of D'Andre Gameliel Brown, Jesse Londer DeCarlo, Timothy Lehmann, Wheeler Hardware Co., Carl Lee Sandberg and John Stolle. Referred to Employee/Risk Management Division 3. Summons and Complaint in the matter of Michael McGrath vs. the Board of Water Commissioners. Referred to the City Attorney's Office 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 26, 1998 to consider adverse action against the cigarette license held by The American Dream Machine, Inc., dba Christine Liquors, 111 Concord Street. (Uncontested) 5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 26, 1998 to consider adverse action against the cigarette license held by K-Mart Corporation, dba K-Mart, 245 Maryland Avenue East. (Uncontested) 6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 26, 1998 to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Jill D. Rasmuson, dba R & R Books, 674 University Avenue. August 19, 1998 City Council Action Minutes Page 2 7. Administrative Orders: D001579 Amending the 1997 Capital Improvement Budget fund to provide spending authority for paving the entryway to the Ecolab building and accepting reimbursement from Ecolab Inc. D001580 Addition of$13,410.50 to the contract for demolition/site clearance of the Lawson Block. Noted as on file in the City Clerk's Office 8. Resolution - 98-721 - Approving the 1998-2000 Agreement between Independent School District No. 625 and Local Union 844, District Council 14 of the American Federation of State, County and Municipal Employees, AFL-CIO. (Laid over from August 12 for adoption) Adopted Yeas - 7 Nays - 0 9. Resolution - 98-722 - Approving the 1998-2000 Agreement between Independent School District No. 625 and Local Union 1842, District Council 14 of the American Federation of State, County and Municipal Employees, AFL-CIO. (Laid over from August 12 for adoption) Adopted Yeas - 7 Nays - 0 10. Resolution - 98-723 Approving the 1997-1999 Agreement between Independent School District No. 625 and Minnesota Teamsters Local 320 representing Food Service Personnel. (Laid over from August 12 for adoption) Adopted Yeas - 7 Nays - 0 11. Resolution - 98-724 - Approving the 1997-1998 Agreement between Independent School District No. 625 and School Service Employees Local #284, S.E.I.U. AFL-CIO representing Cook Managers. (Laid over from August 12 for adoption) Adopted Yeas - 7 Nays - 0 12. Resolution - 98-725 - Approving the 1997-1999 Labor Agreement between Independent School District No. 625 and District Lodge 77, International Association of Machinists and Aerospace Workers AFL-CIO. (Laid over from August 12 for adoption) Adopted Yeas - 7 Nays - 0 13. Discussed after Item #17. 14. Resolution - 98-760 - Authorizing a loan and grant from the STAR Revolving Loan Fund for financing to Coffee News Cafe and Peter and Donna Kelly at 1662 Grand Avenue. Adopted Yeas - 7 Nays - 0 15. Preliminary Order 98-761 - In the matter of improving the following streets with construction of colored concrete curb and gutter as part of the Margaret/Arcade Area Street Paving and Lighting Project: Bates Avenue from North Street to Maury Street, Greenbrier Street (west side) from North Street to Maury Street, and North Street (north side) from Bates Avenue to East Seventh Street, and setting date of public hearing for September 9, 1998. (File #18855-cc) Adopted Yeas - 7 Nays - 0 August 19, 1998 City Council Action Minutes Page 3 16. Resolution Approving Assessment - 98-762 - In the matter of condemning and taking permanent easements for the reconstruction of Shepard Road from Western Avenue to approximately 70 feet east of vacated Market Street, and setting date of public hearing for August 26, 1998. (File #18878E) Adopted Yeas - 7 Nays - 0 ORDINANCES 17. First Reading - 98-763 - An ordinance finalizing City Council action approving the application of Children's Health Care to rezone property from B-3 (General Business) to B-5 (Central Business- Service) to allow the entire hospital campus to be in the same zoning district at 233 Grand Avenue. (Public hearing held July 22, 1998) Laid over to August 26 for second reading 13. Resolution - 98-759 - Congratulating Sergeant Thomas A. Dunaski on being named the 1998 Minnesota Police Officer of the Year and declaring Wednesday, August 19, 1998 as Thomas A. Dunaski Day. Sergeant Dunaski was present and was recognized by Deputy Mayor Fabel and the City Council. Sergeant Dunaski responded with thanks and appreciation. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 Suspension Items Councilmember Coleman moved for suspension of the rules and approval of the following resolution: Resolution - 98-764 - Finalizing City Council action taken July 22, 1998 denying the application of William Dunnigan to rezone property for expansion of an existing auto repair and service station at 365-367 and 371 Smith Avenue North. Adopted Yeas - 7 Nays - 0 Councilmember Benanav moved for suspension of the rules to introduce the following resolution and ordinance. Yeas - 7 Nays - 0 Resolution - 98-765 - Establishing a moratorium on currency exchanges, pawn shops, tobacco shops, second hand stores, or other similar uses stores pending a review and recommendation by the Planning and Economic Development Department and the Planning Commission. Phil Byrne, Assistant City Attorney, advised the Council that the corresponding ordinance would not be effective until 30 days after passage, approval and publication. The resolution is intended to bridge the gap until the effective date of the ordinance. August 19, 1998 City Council Action Minutes Page 4 Councilmember Harris asked for clarification on the moratorium and what it applies to. Phil Byrne responded that it applies to currency exchanges which are defined in the Statute, pawn shops which are licensed, smoke shops as defined by ordinance which would be a business establishment for which tobacco related sales comprise 40% of the establishment's total gross receipts, and second hand stores which are defined in the City's license ordinance. Council President Bostrom noted that if anyone wishes to appeal, there is a provision for that and the Council can deal with individual cases in the event they come up. Councilmember Coleman said this was too important an item to be brought in as a suspension item. Council President Bostrom responded that it could happen that someone may apply for a license between this date and the next meeting and introducing the resolution at this time would provide an opportunity for the action to take effect. It also allows the Planning Commission to proceed with reviewing re-zoning issues and the impact on residential neighborhoods. When the resolution was drafted, Mr. Byrne said there was an allowance in the final resolve for a waiver of all or part of the restrictions and a process for a waiver. That would be the mechanism if, for example, the Goodwill wanted a waiver from the provisions for an expansion or new location. They would apply to the Council for approval of the waiver. Councilmember Harris said he would like to receive feedback from the License Office or Peter Warner, Assistant City Attorney. Discussion ensued and Coleman again expressed concern about the lack of notice regarding the moratorium. Councilmember Harris concurred with Coleman that there was not notification and that there should be a public discussion. Councilmember Harris moved to lay over one week. Laid over to August 26 Yeas - 7 Nays - 0 Ordinance - 98-766 - Establishing a moratorium on currency exchanges, pawn shops, tobacco shops, second hand stores, or other similar uses stores pending a review and recommendation by the Planning and Economic Development Department and the Planning Commission. Laid over to August 26 for first reading Yeas - 7 Nays - 0 18. POLICY SESSION Traffic Calming I. Situation Overview: Why concerns about traffic are growing A. City traffic data including statistics about number of cars, traffic volumes, driver behavior (e.g. red light running), speed studies. Commander Dick Ekwall - Saint Paul Police Department August 19, 1998 City Council Action Minutes Page 5 B. What is happening in the metro area with growth and the transportation system and how it might affect Saint Paul. Connie Kozlak - Metropolitan Council II. City Policy Context: Overview of Transportation Plan and street classification system. Nancy Frick - Department of Planning and Economic Development III. Traffic Calming Implementation: What has been done to date and what to do in the future. A. Enforcement: Citations and legislative initiatives Commander Dick Ekwell - Saint Paul Police Department B. Engineering: Growth in the traffic control system, roadway planning, and Saint Paul's experience with traffic calming. Al Shetka - Department of Public Works C. Minneapolis' experience with traffic calming: What has worked and what has not. Mike Monahan - Minneapolis Division of Public Works and Transportation D. Reducing auto use through transit improvements Brian Lamb - Metropolitan Council IV. Public Comments V. Council Questions Councilmember Harris moved to adjourn the meeting. Yeas - 7 Nays - 0 ADJOURNED AT 6:10 P.M. 47, Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anon IL tctAY Assistant Council Secretary mce