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Minutes 1-23-2008 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 23, 2008 - 3:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Note: All City Council meetings are on the City of Saint Paul’s website. Meetings can be viewed in their entirety or a specific item can be viewed. Visit our website at www.ci.stpaul.mn.us/council and click on Watch the Live Webcast. The meeting was called to order by Council President Lantry at 3:30 p.m. Present – 6 – Bostrom, Carter, Helgen, Lantry, Stark, and Thune Absent – 1 – Harris (excused) CONSENT AGENDA (Items 1 - 21) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Councilmember Carter removed item 10 for discussion. Councilmember Bostrom moved approval of the consent agenda as amended. Adopted as amended Yeas – 6 Nays – 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Christina M. Burns, Pablo Jimenez, Andre D. Jones, Jane H. Moeckel, Tony H. Nguyen, Wendy S. Raschke, Daniel G. Runyon, Spencer T. Stadsvold, Phirany Sun, and Edward M. Whitledge. Referred to Risk Management 2. Summons and Petition for Writ of Mandamus in the matter of 308 North Snelling Company, Inc. & Carroll Ave. Corporation of St. Paul, Inc. vs. the City of Saint Paul. Referred to the City Attorney’s Office 3. Letter from Anders Rydaker, President and CEO of District Heating Development Company, d/b/a District Energy St. Paul, Inc., dated January 11, 2008, acknowledging acceptance of the District Heating Franchise under Council File 07-1108 as passed by the Saint Paul City Council and approved by the Mayor. January 23, 2008 City Council Summary Minutes Page 2 4. Letter from Anders Rydaker, President and CEO of District Cooling St. Paul, Inc., dated January 11, 2008, acknowledging acceptance of the District Cooling Franchise under Council File 07-1109 as passed by the Saint Paul City Council and approved by the Mayor. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on February 6, 2008 to consider the application of Shaw/Stewart Lumber Company for a subdivision (plat) for Lawyer Heights in order to create two new parcels at 217 Como Avenue. [ZF 05-221-710] 6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on February 6, 2008, at 9:30 a.m., City Hall/ Court-house, 15 Kellogg Boulevard West, Room 42, to consider all licenses held by Asian Cuisine, 945 Rice Street. 7. Letter from the Department of Safety and Inspections/Code Enforcement declaring 769 Burr Street, 627 Bush Avenue, 1369 Case Avenue, and 683/685 North Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 8. Administrative Order: D002693 Authorizing the Police Department to seek cost of expenses which includes meeting room rentals and meals for Internet Crimes Against Children (ICAC) participants (city and non-city employees) to attend training, regional meetings and/or conferences from January 1 through December 31, 2008. On file with the City Clerk FOR ACTION 9. Resolution – 08-38 – Approving the January 1, 2008 through December 31, 2010 Labor Agreement between the City of Saint Paul and the International Association of Fire Fighters, AFL-CIO, Local 21. (Laid over from January 16 for adoption) Adopted Yeas – 6 Nays – 0 10. Resolution – 08-67 – Adjusting the rates of pay for those titles that will be below the minimum wage. (Discussed after the consent agenda) January 23, 2008 City Council Summary Minutes Page 3 11. Resolution – 08-68 – Approving the appointment of Daniel Ward and the reappointments of James Bellus, Kathi Donnelly Cohen, Marilyn Porter, Dennis Rosemark, Bob Spaulding, and Barb Wencl, by Mayor Coleman, to the Saint Paul Planning Commission. Adopted Yeas – 6 Nays – 0 12. Resolution – 08-69 – Approving the appointment of James Lockwood, by Mayor Coleman, as Assistant to the Mayor II, effective January 7, 2008. Adopted Yeas – 6 Nays – 0 13. Resolution – 08-70 – Memorializing City Council action taken January 2, 2008 denying the appeal of Gloria Gonzalez to a decision of the Planning Commission denying a conditional use permit for auto sales and auto detailing at 1229 Payne Avenue. [ZF 07- 207-141] Adopted Yeas – 6 Nays – 0 14. Resolution – 08-71 – Authorizing the Department of Public Works to purchase property at 350 Water Street West for park purposes. Adopted Yeas – 6 Nays – 0 15. Resolution – 08-72 – Authorizing the Police Department to enter into an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives to participate in the Organized Crime Drug Enforcement Task Force. Adopted Yeas – 6 Nays – 0 16. Resolution – 08-73 – Authorizing the Police Department to enter into a grant agreement with the State of Minnesota for a juvenile delinquency prevention program. Adopted Yeas – 6 Nays – 0 17. Resolution – 08-74 – Authorizing the Police Department to enter into an agreement with the Minnesota Department of Public Safety to receive a Night Cap Grant for the period January 1 to September 30, 2008. Adopted Yeas – 6 Nays – 0 18. Resolution – 08-75– Authorizing the Police Department to enter into a Joint Powers Agreement with the City of Duluth, acting through its Police Department, to participate in the Internet Crimes Against Children (ICAC) Task Force of the Saint Paul Police Department. Adopted Yeas – 6 Nays – 0 January 23, 2008 City Council Summary Minutes Page 4 19. Resolution – 08-76 – Authorizing the Police Department to enter into a Joint Powers Agreement with Scott County, acting through its Sheriff’s Office, to participate in the Internet Crimes Against Children (ICAC) Task Force of the Saint Paul Police Department. Adopted Yeas – 6 Nays – 0 20. Resolution – 08-77 – Authorizing an amendment to an agreement with the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal apprehension (BCA) for continued participation by the BCA in the Internet Crimes Against Children (ICAC) Task Force. Adopted Yeas – 6 Nays – 0 21. Resolution Approving Assessment – 08-78 – In the matter of the assessment of benefits, cost, and expenses for summary abatements for excessive consumption of inspection services for property code violations billed from August 2 to September 26, 2007 [J0707E]; summary abatements (graffiti removal) on private properties from December 17 to 28, 2007 [J0711P]; summary abatements (property clean-ups) on private properties from December 12 to 29, 2007 [J0721A]; weekly garbage hauling services from December 17 to 28, 2007 [J0721G]; demolition of vacant buildings during December 2007 [J0716C]; and setting date of Legislative Hearings for February 19, 2008 and City Council public hearings for March 5, 2008. Adopted Yeas – 6 Nays – 0 --------------------------------------------------------------------------------------------------------------------- 10. Resolution – 08-67 – Adjusting the rates of pay for those titles that will be below the minimum wage. Councilmember Carter questioned what the reason was for abolishing the Parks and Recreation Assistant title and what the impact might me. Staff was not present to respond and Council President Lantry suggested it be laid over two weeks. Trudy Moloney, Director of City Council Operations, was directed to requested a response from the Office of Human Resources and the Division of Parks and Recreation. Laid over to December 6 Yeas – 6 Nays – 0 FOR DISCUSSION 22. Final Order – 07-1151 – In the matter of acquiring property rights needed for right-of-way purposes for the public purpose of realigning the intersection of Cleveland Avenue and St. Paul Avenue. [File No. AE2007-10] (Laid over from December 26, 2007) Withdrawn January 23, 2008 City Council Summary Minutes Page 5 23. Final Order – 08-62 – In the matter of improving the alley in The West Saint Paul Real Estate and Improvement Syndicate Addition No. 2, Block 16, by grading and paving with bituminous material (area bounded by Sidney, Page, Brown, and Andrew). [File No. 19051] (Public hearing held and laid over from January 16) Adopted Yeas – 6 Nays – 0 ORDINANCES NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. PUBLIC HEARINGS ON ORDINANCES ARE HELD AT THE THIRD READING. 24. First Reading – 08-79 – An ordinance amending Chapter 409 of the Saint Paul Legislative Code, temporary wine and liquor licenses, to comply with state law. Laid over to February 6 for second reading Councilmember Bostrom moved to adjourn the meeting. Yeas – 6 Nays – 0 ADJOURNED at 3:33 P.M. ATTEST: _____________________________ _______________________________ Mary Erickson Kathy Lantry, Council President Assistant Council Secretary Submitted by: ___February 6, 2008 ______________ Mary Erickson Minutes approved by Council