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03-763��!?�i�/ .D — j�S��D.3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Z3 Refened To Committee: Date RESOLVED, that the Saint Paul City Council consents to and approves the appointments and reappointments, made by the Mayor, of the following individuals to serve on the Heritage Preservation Commission. APPOINTMENTS ._ .._ 10 Rirhorrl TTirl�n� n rPr�racant� th Ra (' tc uictn � � C � tc R `7 .. .. � 1 � � - O J - J / J 11 ��PYI'1"1 PVIIIYPC �P/�Pll'I�PY � � 7l�np ^ J 1L 13 14 REAPPOINTMENTS 15 16 Susan Bartlett Foote - term expires December 31, 2006 17 18 Gar Hargens - representing Registered Architect - term expires December 31, 2006 19 20 Lee Meyer - representing Registered Architect - term expires December 31, 2006 21 22 23 eas ays sen enanav Requested by Department of. 24 Qy ✓ os om 25 o eman � 26 a.r�s ,/ s an � 27 e e � ✓ Form Approved by City Atto . 2g � 2 ' 9 Adopted by Council: Date /� �"I`—�� BY � 3 � Adop[ion Certified by Council Secretary Approved b,�I �r Submiasion to/ ounc}I ' A '"�� // By:_-<��1�11��51�- Hy� Apprwe by M or: Date � B �'T-� r�D` �t.li(�iC,� � W �/1.�� -�-/ Council File # � �� Green Sheet # � � �reen Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gr� 0� Depa�tment/ot£ice/cou Date Initiated: Mo -�aY�s�� 19-AUG-03 Green Sheet N� 3004413 Contact Pefson Sc Phone: Denartmen Sent To Person Initial/Date Kurt SchulT2 � 0 r's �ce ASSIgn 1 a or• �ce De artmentDirector Must Be on Council Agenda by (D Number 2 � For ROUtiny 3 a or's ffice Ma dAssi nt Order a unc:t 5 ' Cle k C' Clerk Total # of Signature Pages (Clip All Lowtions for S Action Requested: Appoinunent of Tixn Fuller and Richard Nicholson to the Heritage Preservation Commission. Rem�datlmcAp�meWa�l�ect� Personal Service Contracts Must Answer the Following Quest —��° tBasmsPd'sWrrmerer walceG um�a cmu�ectfm tllsAepa'LOmt4 _ �CmrNttee Yes Ma _ 19Y18�vICB1�¢� 4.9ffitl189�'�1YfiBY9'9B�edtY�YBB'f Yes Im & ooes ms prsm/8m ousaeas a sk9 mt m�a17 P� �Y �r — �em[IftY9l�luYeBA — Y� Ib _ Explain all yes answers on separate sheet and attach to gre lnitiating Problem, Issues, Opportunity (Who, What, When, Where, Why) Advantases If Approved: Disadvantages If aporoved: DiSadvanWges If Not Approved: � Total Amount of Cost/Revenue Budget Transaction: Funding Source: Activity Number: Financial Information: GL3- 76.3 CITY OF SAINT PAUL Randy C. Ke!!y, hlnyor October 3, 2003 Council President Dan Bostrom 320 City Hall Saint Paul, Minnesota 55102 Dear Council President Bostrom: 390CiryHa11 Telepl:orte:651-266-SS70 JS LVest Keltogg Bot<ternrd Facsimile: 651-266-851 t Sabu Pn�d, NIN 55102 � .` ��. - �f`�� ,, `u' , : :x<' - .. � _,_ "";t �t• � + e'�:�� This is to notify you that I am withdrawing the appointments to the Heritage Presexvation Commission that I previously submitted to the Council for approval. The appointments I am withdrawin� are Susan Bartlett Foote, Gar Hazgens, Lee Meyer, Tim Fuller and Richard Nicholson. In making those appointments, I worked hazd to strike a balance of expertise and perspective that would help advance the important mission of the Herita�e Preservation Commission. Unfor[unately, the Council chose to approve only some of my recommendations. While the Council is certainly not legally mandated, under our sysfem of government, to approve my appointments, neither am I compelled to let the Council overturn my intent in making appointments by picking and choosing only certain people. I am particularly concemed that the Council failed to approve one extremely well- qualified person, Mr. Fuller, after receiving an inaccurate and unauthorized letter from a lower-level functionary claiming to speak on behalf of the entire Minnesota Historical Society regardin� Mr. Fuller's qualifications (See attached letters). I will not allow the appointments process to degenerate into unwarranted attacks on the qualifications of those who �vish to volunteer their time and expertise on city boards and commissions; to do so risks having well-qualified people refuse to volunteer for city service rather than submit themselves to such attacks. T stand ready, as always, to work with the Council to advance the mission of the Heritage Preservation Commission. aui c�y, : �� ,-�-� ndy el c __� Mayor Attachments �._ \t�mbe:s o.` Ci;� Conncii _ . . _. � Mary Enckson HPC A_ppnonCs _ �° .. �. � „ . _. .. p � 9 � � �J3- 963 From: Kathy Lantry To: Cervantes, Manuel; Date: 10l14I03 11:03AM Subject: HPC Apprionts Hi, Hendrickson, Jerry After speaking with Jerry this moming regarding the Mayors action of withdrawing HPC appointments, I have looked more closefy at the charter and am still completely befuddled as to where it says the mayor has the power/authority to "withdraw" a resolution. This morning Jerry quoted Section 3.01.8 saying, "the mayor shail, with the adviCe and consent of the council, appoint members of boards and commissions and such advisory committees as are. .." However if you look at Section 3.01.7 it says, "The mayor shall approve or veto ordinances and resolutions as provided herein." I don't see a thing that gives him the authority to withdraw. Also, if you Iook Section 6.07, "Every resolution shall be presented in writing and read in full before a vote is taken unless the reading of the resolution is dispensed with by unanimous consent. Unless otherwise required by Iaw, resolutions shall become effective upon passage by the councii and approval by the mayor or council override of a mayoral veto." Section 6.o8, "Every ordinance or resolution adopted by the council shali be presented to the mayor as soon as practicable, but not later than 5 business days (after) its passage, for the mayor's approvai or rejection. Within 5 business days after presentation, the mayor shall either sign the measure or return it to the council with a communication in writing stating the disapproval and the reasons therefor. ifi the mayor neither signs nor vetoes the measure within 5 business days, it shall be deemed approved." Section 6.09, "Any ordinance or resolution shall be approved or vetoed by the mayor in its entirety, except that any item in a measure appropriating money may be approved or vetoed." To me this is very very clear. I realize the mayor would like to have a different option but I cannot find where that is in the charter. According to your iogic, if the council decided to vote down the 2 appointments of Nichoison and Fuiier but pass the rest, then the mayor could just withdraw them all. Even though the charter gives implicit control ot approving appointments to the council. What exactly is the role. of the councii if this is true? I understand that you will disagree with my logic and request that your opinion be put in writing so that we can discuss it at tomorrow's council meeting. Thanks, Kathy CC: Blees, �reg �3.7G3 CTTY OF SAINT PAUL Randy C. KeZly, Mayor To: 390 Ciry Hall IS West Kellogg BouZevarJ Saint Paut, MN SSIO2 Saint Paul Citv Councilmembers Council President Dan Bostrom Councilmember Jay Benanav Councilmember Jerry Blakey Councilmember Chris Coleman Councilmember Patrick Harris Councilmemher Kathy Lantry Councilmember James Reiter From: Kurt Schultz Date: I'7� August 20, 2003 Heritage Preservation Commission Telephane: 651-266-8510 Facsimile: 651-266-8513 Mayor Kelly has recommended the appointment of Tim Fu11er and, Richard Nicholson to the Heritage Preservation Commission. The terms of these individuals will expire on December 31, 2006. Mayor Kelly has also recommended the reappointment of Susan Bartlett Foote, Gar Hargens, and Lee Meyer to the Heritage Preservation Commission. The terms of these individuals will expire on Aecember 31, 2006. Attached is a copy of the resolution nominating these individuals as well as the applications for the new appointments. Please remember that certain information on the application is classified as private and should not be released to the public. Feel free to contact me at 266-6590 if you haue any question regarding the appointrnents and reappointments. Attachments cc. Amy Spong - Staff Person, Heritage Preservation Commission � D 3- 7� Application for Committee, Board, or Commission Please return to Mark Engebretson Mayor's Office, Room 390 City Hall 15 West Kellogg Blvd., Saint Paul, MN 55102 Phone:651-266-8533 Fax:651-266-$513 The Minnesota Government Data Prac[ices Ac[ (Minnesota Statutes Chapter 13) govems the City's use of the infotmation contained in this applicatiott. Some of [he information sought in this application is private data under the AcL The requested information will be used by the agpointing authoriTy to caicy out t6e City's official appointment responsibilities. You are no[ required [o provide any information. Howeveq failure to answer the application questions may cause the appointing authority to rejeM your application. The majority of items contained in this application are public, including name, address, employment, skills, training and experience, and are therefoxe available to anyone requesting it. The remaining items on the application form are classified as plivate. The private data is avaitable oniy to you and to other persons in the City who, because of work assignments, reasonably require access to the in£ormation. Name � � WL l�. . �"'U��ef Home address vQ.ts. #I ( 02 Telephones ��j1�2��'Z.Z� 'j(�'�'Z.3D'�fol! �0 � PleaseinciudeAYeaCoEes home werk fax E-mailaddress —��y,�V��Qt'�01 ��5�,t��-r � � Planning District Council ty�,��- .��(i,�'S�'�(J� City Council Ward � Preferred mailing add 'apS'�'�1 Occupation �U�Yi' Place of employment Employment address Committee(s) applied s ( 'SNQ What skills/training or experience do you possess for the committee(s) for which you seek appointment? � 1 �l(�L � — �Yk��s�ye_ P�.�er�e�e.� �;+e. tc�e�.l c�c��rerv:uwe.�..�' -�a�lc.�an.� 03- 7�3 Personal References Name Addre Telep..,,..,,,, �o7��inuG - Please include Area Codes home work other Name Addre Telep Pleaseinclude Area Codes home Name Addre Telephones �5�/513 �p$� — Please include Area Codes home _ work other 1�� Reasons for your interest in this particular committee }d, �S ��V�L�, 11l� aT • �� 'tor 10�1t- 112af'S•Z �i��. ik. Q9�N�y `tLt.�� `f ��F� �3 Gi.S�'Qf(1� '�t9� t Wl �.� C' �SEL1f' i � �S Q 0 vl C C7�1'�i/� C� I�f-� � v�iu4;.�u c�s e� c��. � we,�t9 tso I+ka -(o r�.�� ,vo v�� li� serd'c,�„ . Have you had previous contact with the committee for which you are making application? _ If so, when, and under what circumstances? N OY��. In an attempt to ensure that committee representation reflects the makeup of our community, please check the box applicable to you. This information is strictly voluntary. �White (Caucasian) � Hispanic �Black (African-American) � Asian or Pacific Islander � American Indian or Alaskan Eskimo d Male Female � Date of birth �p—t� -�� Disabled: � Yes No y� If special accommodations are needed, please specify How did you hear about this opening? page 2 of 2 work other ��, 7/2�iEDOZ 15:31 FA3 651 290 0719 PdN Inc & DraPtco � 002 D3- 7� 3 Application for Committee, Board, or Commission klease resutn to Mark Engebretson Mayor's Office, Room 390 City Hall 15 West Kellogg Blvd_, Saint Paul, MI�i 55102 Phone:651-266-8533 Fax:651-266-8513 76e Miunesoca Go.e+nmen� Detc Practicea Aa (Mienesoce Stacutos Chaptcr 13) governe ihc Ciry'n usc oFChc iniotmation contained in ckisappli<a[ion. Some of the informs�ion sougfi[ in this app3ieation ls private da�a under [he AcL Thc�reqoexted informotion will be uccd by chc aDPo��tiog suthofiry to carry out the C�ey'S officiel appoiotmanc responsibilities. You arc not roquired to pmride any inPormation. However, fnilure to nnswcr tAe applica[ion quesaons mey cauec the appoincing authoricy to ce}aes your appl(caeion. TM1e majoti[y af iteme containcd in rh�a epplicaeion are public, Sncluding name, addrcse, �mployment, Sk�lla, trs�n�ng and uperience, end ere tberefore u�a�lebla [o anyone rcque9ring i[. Thc remalnin6 items on the applieeeion form ere classificd es pe�vnte. The privaec dnca �n available only [o you and to other penops+� the City who, becau9e oPwork asRignmenta, sea6onably rcqu�re acccas to �hc informa�ion. Name ��L' ��.D NICl/�P�l�OY1 Home address Z/o D ' r �'elephones (�S/-2.g2-�709 65/-ZZ7-l778 __InSl-�-ti0-o7/C� Pleet<IneludeAree aCOe /� ,,( oA� w°�k f� �-ID811 2ddiCS9 Y'VLVL R� U.I/�Q�I C.� �'1 � Planning District Counczl Preferred mailing address Occupation f2�✓i � _ Place of employment _ Bmptoyment address _ Committee(s) applied for City Council Ward �" �1� ��(O�' page 1 of2 What skills/tzaining or experience do you possess for the committee(s) for which you seek appointment7 07i2d/2o0J 15:31 FA% 651 290 0719 PAN Inc � DraYtco @J003 ---�''-- '-- Os- 7� 3 PersonalR Namc ( ��/LL� /JTdWGt' Address � �� Telephoaes �.�7.` Please laelude Arc� CoAe9 home Name Addra Oillc[ work Telephones e�-a-�} 99%5 �96 - a�� Pieeee iaclade Arca Codes home wo�k o[her Name Addre Telephones �pyo2 — �g�� a°Zb' S � �i6 Please inclaae Area CoEae homc work other Reasons for your interest in, this particular committee � , `LtUiiJL An t ✓� �PJa 1 !''� (/��+•4 ��G , Have you had previous contact with the committee for which you are making application? I£ so, when, and under what circumstances? 1!�� m,r�_ 7a 2�wracti O�.fGvcu��nti on �-v �/'dr/��/ ln an attempt to ensure that committee represeatation reflects the sakeug of our community, please check the box applicable to you. This in£ormation is strictly voluntary. �Wbite(Caucasian) �Hispanic �Black{African-American) � Asian or Pacific Islandec � American Indian or Alaskan Eskimo � Male Female � Date of bizth Disabled: � Yes No� If special accommodations are needed, please spccify How did you hear about this opening'? G�li I i. _/ i • • � • • page 2 of 2 03_7G3 �f � � �,�;s�i'r.a r��•rc3f;� c;�, . ��u:t t�,7•s� Ortober 3, 20Q3 The Honorable Randy Kelly City of Saint Paui 390 City Hall 15 West Kellogg Boulevard St. Paul, NIN 55102 Dear Mayor Kelly: I am writing to clazify the Minnesota Historical Society's understanding of the appointment of members to heritage preservation commissions around the slate. In making this clarification, it is important to note that the State Historic Preservafion Office is a part of the Minnesota Historical Socicty and, by Minnesota stafule, lhe State Fiistoric Preservation Ufficer is the Direcior of the Minnesota Historical Society. Beyond its role as defined in Minnesota law, the State Histozic Preservation Office has a number of federal responsibilities inciuding the Certified Locat Government Program. In 19? l, the Minnesota Legislature developed and passed law relating to heritase preservation commissions (MS 471.2 93). This statute specifies the qualificauons for membership on fhe commissions (a copy of this statute is attached for your review). Note that the law does not specify a role For the Minnesota Historical Society or for the State Historic Preservation Office. Accordingly, the Societyhas not, as a matter ofpractice, commented on fhe appointments of specific individuals as they have occiured over time on heritage preservarion commissions around [he state. T am aware that members of the City Council received a letter from an employec; of the State Historic Preservation Office. In its summary of the qualifications for commission mernbers the letter accurately reflects Minnesota law. However, in commenting on the qualifications of spccific individuals, the letter neither reflects the law, nor is it consistent with the Society's practice. As part of its mission in serviee to the people of Minnesota, the Miruiesota Historicai Society is responsible for identifying structures that are significant to the peoples' history and for advocating thcir prescrvarion. We share this responsibility with local heritage preservation commissions around the statc. For the appointment of appropriafe persons to serve on these commissions, we depend on the good judgment of local officials. Sincerety, _�-� ��✓" ttr—v �� Nina M. Archabal Di! a�d State Historic Preservation Off cer �3- yG3 MIPIN�SOTA HISTORICAL SOCIETY 24 September 2003 Saint Pzul City Council c�� x� " 1S West Kellogg Blvd. Saint Paul, MN 55102 Deaz Saint Paul City Councilmembers, �Ve ue �vriting to you about the St. Paul Herirage Preservarion Commission (I�'C) end the qualifications of inembers appointed to the HPC. We aze a��are that you aze considering several new appointrnents and ieappointments, and our office was asked to offer our insights. Tl�e state enebling legislatian £or Heritage Presetvatian Commissions (471.193) provides . guidznce regazding the powers and respnnsbiliries of heritage presuvation commissions in Minnesota, Subdivision 5 deals spec�cally with membership: Commissinn members must ba persons with demonstrated interest and expertise in historic preservation and must reside wzthin flie political subdi�isinn regulated by the ordinance establishing the commission. Every commissian shall include, if awailable, a member of the county historicul society of a county in which the municipality is located. Our office defines "demonstrated interest" in historic ptes�ation tather broadly. For example, a resident who lives in a hisEOric building and has experience rehabilitating old houszs would cert�inly have a demonstrated interest in historic preserntion. A realtor who speci�lizes in mariceting ond selling historic residences, or a deve]oper who has experienee acquring and rehabilitating historic commercial properties accatding to xccepted stzndards, would qualify as hatiing 2 demanstrated interesf in preservation. On the other hz�d, a registered professional architect may not necessazily have an interest in tustoric preservation; that interest would need to be demonstrated. Tn 1435, nine yeazs afrer S�int Paul enacted its historic presecva�on ordinance, the city becarae a Certified Local Government (CLG). The National I3istoric Preservation Act, tl�e fedr,al law which e;taolished the CLG prograzn, contains five broad stndzds, all of which �ust be met by a local government before it may be certified. One deals specifically with corrunissioa memberstup, ststiug thai tt�e "local govemment shall har�e established an adequate and qualified hisioric preservalion review commission by State or local legis?afion." lz the Minr.e>ota Certified Local Goverr. ,r,ent Procedures Manual, the follou�ng is stipulat:d: All commission members must ha�'e a demonsh2ted inte;est, competence o: kno��vledoe in historic prese:rarion. Ii availxble in �ne ca*nmunity, 2t Ieast tx'o }.-., .. _ . ... . � �.[. . , _:_._ -_ - - ,-, _ ,., - ..o L_. �..._.-. _ . � . ...�.��..�. �.:� ... , . . .,�_ .._. .. . _ . "�._ t'.0..60�' i" � ��' - � 03- �� members of the HPC shall be dra«n from professionals in zrchitecture, histary, archit�chual history, planning, prehistoric pnd historic azchaeology, folklore, culturalanthropology, curarion, conserntion,andlandscape architecture orrelated . disciplines. Other related profession9 might inciude the building �ades, real estate or law, One of the appoiniments you aze considering fnr the T�'t'C is from hs. Tim �llet. Ir. reviewing h1r, Fuller's applicarion, it is not cleaz that he has a"da:nonsttated" interest, competence or lrnowledge in historic preservarion. His underst�nding of policies znd regulations �:zd his e�perience with local govenment are clearly benefici2l. A quest:or. you mir as.L' of him is exactly how his es.tensive experience supports an interest in his!oric p: esetvuhon. L� addirion, we edvise cauLion in considering his application because of a potential conflict of interest due to Mr. Fuller's maniage to Martha Fuller, D'uector of the City's Departmem of Planning ar.d Economic AevelopmenE. There �e three odier observations we hnve abou; the current m�:e-up of the HPC as you consider new appointments. First, of tna 13 members of the con�'nission, anly tu'o are u�omen. Given the popvlation of St, Paul, it is surprising that greafer gender balance cannot be achieved. $econd, the geographic distribution of FTPC membzrship is weighted heavily to«�ard Ramsey Hill. It would seem to be preferable to have members who represent x greater number of neighbozhoods and �Vards, especially the Easi and West sides, do�vntown and the Nortn End. Third, the T�?C eould benefit &om ha��ng a professianal histosian on its toster. The stten� of the commission is ' dependent, in lazge part, on the qualifications of iU membrrs. If the HPC is asked to comment on the potential signifcance of a historic site, it would be essential to have a member with ea;perience or education ia history. Nationwide, there aze over 2,000 FIPCs and more than 1,200 CLGs. Dozens of smaller communiries in hiinnesota have preservaHon commissions comgrised of local residents without specialized degrees in pteservation or related pzofessions. As n ixrger city, however, St. Paul is fortunate to have a weslth of people to choose from who could serve on flie HPC and repiesent one of several professions. The ability to preserve St. Paul's historic properties and the sscce:s of the Iieritage Preservatian Commtssion depends in large measure on the members of the corunission. With commitment, work, resourcefulness and diplomacy, the St. Paul HPC has tne potential to m�ke nzjor and lasting contributians to the preservation of the eity's cultural s+nd tustoric zesources, to the revitalization of once-deteriorating azchitectural treasures, and to fne overall quality of life in St. Paul. • S�r'e urge you to caiefully cnnsider the qualificarions of all futtirz appointments to uie Heritage Preservation Commission. Sincerely, �Y� Michz K State Histori Preservation Office cc: Mayc�r 12xndy Kclly Amy Spong, Herita�e Presen�atio� Co�n.*nission