Approved Minutes 11-21-2001Page 1 of 10
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 21st, 2001 - 3:30 - 5:00 p.m.
POLICY SESSION
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Policy Session
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Benanav
CONSENT AGENDA (Items I -11)
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.
Gerry Strathman, Secretary to the Council, noted that a request was received to withdraw Items 9 and 10
as the issues were resolved.
Gerry Strathman read communication into the record as noted below.
Councilmember Lantry requested Item 3 be removed for discussion.
Councilmember Coleman moved approval of the consent agenda as amended.
Adopted Yeas - 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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Gerry Strathman, Secretary to the City Council, read the following communications into the record:
Two letters from the Office of the City Attorney announcing public hearings before the City Council on
November 28, 2001, at 5:30 p.m. to consider the Currency Exchange License Renewal Applications
submitted by Team Management, Inc., dba Midwest Check Cashing, 477 Rice Street, and Endeavor
Financial, Inc., dba Currency Exchange IV, 577 University Avenue West.
1. Claims of John Crumley, and Michelle Gibson -Webb.
Referred to the Risk Management Division
2. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 5, 2001, to consider the application for a sound level
variance by Scanlon's Pub, Inc., dba the Dubliner Pub, 2162 University Avenue West, on March 15,
2002, from 6:00 p.m. to midnight, and March 16 and 17, 2002, from noon to midnight.
FOR ACTION
3. (Discussed after the consent agenda)
4. Resolution - 01 -1227 - Approving payment of $12,000.00 to Joseph Palermo, Jr. in full settlement of
his claim against the City of St. Paul.
Adopted Yeas - 6 Nays - 0
5. Resolution - 01 -1228 - Authorizing the execution of agreements with the State of Minnesota for
improvement of the boat ramp at Hidden Falls Regional Park.
Adopted Yeas - 6 Nays - 0
6. Resolution - 01 -1229 - Approving the name `Bruce Vento View" for the wildlife viewing platform
constructed in Lilydale Regional Park.
Adopted Yeas - 6 Nays - 0
7. Resolution - 01 -1230 - Establishing a spending plan in the Division of Parks and Recreation for
additional funding for youth programs.
Adopted Yeas - 6 Nays - 0
8. Resolution - 01 -1231 - Authorizing the Police Department to enter into an agreement to participate in
the Joint Terrorism Task Force with the Federal Bureau of Investigation.
Adopted Yeas - 6 Nays - 0
9. Resolution - 01 -1232 - Concerning adverse action against the Taxicab License, Vehicle 453, held by
American Taxicab Service Corporation, 565 Aldine Street.
Withdrawn Yeas - 6 Nays - 0
10. Resolution - 01 -1233 - Concerning adverse action against the Taxicab License, Vehicle 4123, held
by American Taxicab Service Corporation, 565 Aldine Street.
Withdrawn Yeas - 6 Nays - 0
11. Resolution - 01 -1234 - Authorizing Don Drouin to proceed In Forma Pauperis without being
required to pay transcript and copying fees related to his appeal for property located at 1183 Arkwright
Street.
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Adopted Yeas - 6 Nays - 0
3. Resolution - 01 -1226 - Honoring Ed Hirte for his contributions to the quality of life of the City of
Saint Paul.
Councilmember Lantry read the resolution recognizing Mr. Hirte. Ms. Lantry said Mr. Hirte has been a
big part of the East Side for many years. He presently has health problems and his neighbors honored
him by holding a ceremony and planting a white oak tree in Mounds Parks on November 19, 2001.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
12. Resolution - 01 -1116 - Revoking the licenses held by James McMurray, dba Jimmy Mac's,
including Liquor On -Sale and Sunday On -Sale Liquor, 756 Jackson Street. (Lapse in liquor liability
insurance) (Public hearing held October 24; laid over from November 7)
Councilmember Reiter stated he met with Roger Curtis, Director of the Office of LIEP and the
recommendation remains to revoke the license.
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
13. Determine whether adverse action should be taken against licenses held by James McMurray, dba
Jimmy Mac's, 756 Jackson Street based on two or more reports within a twelve- month period of the
unlawful use or handling of firearms, assault weapons or knives on the licensed premises. (Public
hearing held October 24; laid over from November 7)
Councilmember Reiter moved to withdraw this issue.
Withdrawn Yeas - 6 Nays - 0
14. Resolution - 01 -985 - Denying the Renewal Application for a provisional Taxicab Driver's License
by Margaret M. Outwater. (Public hearing held October 24; laid over from November 7)
Councilmember Reiter moved to deny the Renewal Application due to the high alcohol reading she was
under when arrested.
Councilmember Coleman concurred that Ms. Outwater's alcohol reading was extremely high; however,
she was not driving a taxicab at that time. Also, she has been living in sober housing. He said it was his
understanding from the City Attorney's Office that if circumstances such as those are demonstrated, a
person is allowed to keep their license.
Council President Bostrom said the final determination lies with the City Council and he thought a
person had to be sober three years without a conviction before they can get their license back.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
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Environmental Protection, appeared and clarified that the three years is not an absolute because State
law would take precedence over the City ordinance which indicates three years of sobriety before being
eligible. State law talks about rehabilitation. Ms. Palmer said when she appeared before the Council
previously, she indicated that all of the factors to look at for rehabilitation talk about time off of
probation or time elapsed from the date of offense. Currently, it does not appear that Ms. Outwater
meets any of the factors of rehabilitation in the State Statute. She can reapply for the license and attempt
to show evidence of rehabilitation. The Council also asked if there would be conditions Ms. Outwater
would agree to so she would immediately stop driving if there was a re- offense. If she was to re- offend,
as the ordinance stands, the process would have to be gone through of giving her notice of a violation
and going through a hearing. She would be allowed to drive while that process was going on. In order
for the Council to give itself some sense of security, they would want her to agree that all due process
issues aside, she would be willing to stop driving in the event of a new offense. Those were the types of
conditions discussed at the public hearing. Those conditions can be looked at but Ms. Outwater can also
come back when one year has elapsed from the time she is up for renewal and present what she has done
to be rehabilitated to an administrative law judge (ALJ) and come back to the Council for a decision
based on a full factual record. She is also entitled to go to an AU at this time.
Councilmember Coleman spoke in support of Ms. Outwater retaining her license based on the
rehabilitation she has undertaken as well as testimony in her favor that was received.
Council President Bostrom said the Council has a responsibility to the citizens and it would be
responsible of her to apply again and provide testimony to an AU indicating she is rehabilitated.
Councilmember Lantry moved approval.
Adopted Yeas - 4 Nays - 2 (Coleman, Harris)
15. Resolution - 01 -1212 - Accepting the Report of the Economic Task Force. (Laid over from
November 14)
Susan Kimberly, Deputy Mayor, provided a summary of the report. She stated that the Economic Task
Force was appointed by the Mayor within a few days of the September 11 terrorist attacks. He asked the
task force to report back to him within 30 days on specific recommendations as to things the city should
or could be doing. The task force began meeting and met every Friday during the 30 -day period and they
reported back on deadline. The mission the task force accepted was to assess the local impact of the
September 11 attacks, to address potential long -term effects of the economic slowdown of that recent
period, to develop key short and long -term recommendations which crossed all city departments and that
they should set goals and benchmarks that could be tracked.
The basic assumptions of the report and recommendations were that the nation was either entering into
or already into a business downturn that was exacerbated by the September 11 attacks and that those
attacks had both psychological and business impacts even on our local community, that things are in a
state of flux, they're constantly changing and, therefore, the recommendations may have to be adjusted
as they go along, that the renaissance currently being enjoyed in downtown St. Paul is vulnerable and
attention had to be maintained to keep the momentum going, and that the effects of the recommenda-
tions would not start or stop with the city boundaries but they were intended to be local in their
assessment and impact.
For short term, recommendations the task force concluded that enhanced security, both actual and
perceived, was particularly important and it was more important now than ever that people feel safe both
downtown and in the neighborhoods. That the city should promote with enhanced vigor its unique
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entertainment, cultural and hospitality resources. The city should not increase taxes but should look to
what counter cyclical actions might be taken.
In the long term, the task force recommended that the city continue to develop and expand new housing
options. Additional housing downtown would increase the vitality of downtown. That the city continue
to work on expanding the job base both downtown and in the neighborhoods and keep job retention
expansion and recruitment as a main city function. Also, that the city look to the possibility of creating a
new business education public /private partnership with the University of Minnesota and the colleges in
the city with specific emphasis on industry clusters such as software, medical devices or biotechnology.
Councilmember Blakey said in the future when a task force is brought together he would hope to see
more representation from communities of color as well as small businesses. Ms. Kimberly concurred.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
16. Resolution - 01 -1222 - Approving an amendment to the "Wage and Benefit Policy for
Nonrepresented Management and Legislative personnel" in order to authorize performance -based pay
for Department and Office Directors. (Laid over from November 14)
Susan Kimberly, Deputy Mayor, explained a performance based compensation plan that they would like
to have available to the Mayor for his cabinet level officers. Employees of the city receive increases in
compensation in two ways - negotiated settlements which reflect, more or less, the cost of living
increase and they have been in the neighborhood of 3% for the last several years. The other way is to
move up a step in their job classification. The Mayor has been looking for a way to award additional
compensation based on performance when a step increase did not seem the appropriate thing to do.
Ms. Kimberly distributed the plan that was developed quite some time ago. Each of the department and
office directors were asked to look at measures of performance that measured financial discipline, i.e.,
their discipline as managers of their budget, budget improvement, mission fulfillment, customer service,
affirmative action, productivity, and management team participation. Each director was also asked to
suggest what weight should be given to those measurements.
It was felt the Mayor should have the authority to award some portion of what the step increase would
be based on performance. It was agreed in the second half of 2000 to manage sick leave abuse and the
goal was to reduce sick leave use by one -half day in each department. Instead, the Mayor reduced it
by .025.
The Mayor would not award both a step and performance compensation in the same year. This would be
a tool for the Mayor to award his cabinet level employees in what is felt is a cost effective and
performance based manner.
Councilmember Harris suggested that as a system is developed, it should mirror the private sector in
terms of what they do. In order to maintain accountability in public budgeting he suggested they line
item performance increases in the Mayor's proposed office budget for the upcoming year so that citizens
and Councilmembers can track it. Also, that performance based increases are not given from unused
salaries or unused line items so it's a totally trackable system for the Council.
Ms. Kimberly concurred with a statement made by Harris that if the performance plan always yields
maximum compensation, it's not really a performance plan. What they were looking for was if someone
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has the right measures that the amount of compensation awarded would be proportional to the
performance. It would not be 100% of the maximum achievable.
Councilmember Lantry raised concern as to how much this will cost and having it be a separate budget
item as it seems that flexibility is inherent with the Mayor's control for annual step increases. Ms.
Kimberly responded that the authority is only to award the step or not and this will give him more
flexibility. It is not a perfect plan but they have tried to start one and will look to refine it as time goes
on.
Councilmember Coleman used the example of the Office of Labor Relations which is basically a two -
person office and both management level employees are performing exceptionally well. Under this plan,
one of them may be eligible for a step increase but it may not be given as it would lock in the increase.
Then the other person may get a bonus which does not seem fair. Ms. Kimberly responded that this is a
proposal for compensation for a certain classification of employees who have not been getting step
increases. It is an attempt to find a means of giving compensation to these people when they have earned
it without always going up step -by -step.
Councilmember Harris asked Ms. Kimberly if they were planning to include this in the fringe part of the
budget or as a separate line item. Ms. Kimberly responded that they were planning to come up with
some performance based compensation for the offices that would be a budget because some of them do
not have it in their budget to make the award. They were going to require the department directors to
show that they had savings in their budget to pay for compensation increases.
Councilmember Harris strongly felt this should be budgeted for. Ms. Kimberly responded that this is not
the same as the private sector. All department and office directors were directed to save three - quarters of
a percent, or more, of their budget in the year 2000. Most departments have enough savings.
Council President Bostrom asked about Police and Fire saying that since their budgets are tight they
would not be able to achieve this. Ms. Kimberly responded that the maximum raise they are talking
about is in the area of $5,000 and she did not think that would be a problem with any department.
Council President Bostrom said if this were a line item in the Mayor's budget it could be taken from that
as opposed to mixing it up within the funds of the office people are working in. That way it's separate
and staff in the Mayor's Office can make the determination and there will not be a concern as to whether
a department over spent. Ms. Kimberly was agreeable to having a separate line item for this activity.
Councilmember Lantry indicated that they were talking about some of the highest paid employees in the
City and possibly there should be an incentive program for employees. Ms. Kimberly said that right now
the one plan is the only one before the Council. Presently, the way the compensation system is set up,
these people rarely receive increases in pay. This only attempts to find a way to provide some incentive
compensation for them.
Councilmember Harris said this is a good start as long as there is accountability within the budget. If it
were to be proposed to all the bargaining units, then it becomes a bargaining issue. He suggested they
start here and try to eventually get more of that type of activity in the city.
Councilmember Harris suggested that the two appointed positions in the City Council Office, the Fiscal
Policy Director and the Director of Council Research, be put into the list and then make a determination
if the Council should budget it as a separate line item in the City Council budget.
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Council President offered an amendment as follows: Resolved, that the funding for performance pay be
included in the budget of the Mayor's Office and the City Council
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 4 Nays - 2 (Coleman, Lantry)
17. Resolution - 01 -1224 - Convening a Task Force on the Entertainment, Visitor and Tourism Industry
in Saint Paul. (Amended and laid over from November 14)
Councilmember Coleman said there are concerns with this issue, they are looking for ways to save
money, and he feels this is a good way to start. He moved approval of the resolution.
Councilmember Lantry said she feels they know everything there is to know about this issue. If they
want to merge the RiverCentre Authority and the Convention and Visitors Bureau, State law has to be
changed. She said it was her understanding that State Statute requires that there be a RiverCentre
Authority that is comprised of two Councilmembers and seven members of the public that cannot hold
another office other than notary public. Whether they merged or in any way wanted to change that
current form, special state law would have to be changed.
Eleni Skevas, Deputy City Attorney, responded that she also thought state law does create the
RiverCentre Authority and dictates who is to be a member of it.
Ms. Lantry said she feels this can be accomplished in a much quicker fashion without a task force.
Councilmember Blakey said one thing that stands out is the financial oversight of the RiverCentre which
is a cause for concern. In the end, the responsibility and accountability lies with the Council. He noted
that the city is paying the St. Paul Arena Company to manage the RiverCentre facility. Therefore, he
questioned why they would look at merging.
Council President Bostrom questioned if the city was going to try to co- manage the RiverCentre with
the Wild or if it will be turned over to them to manage assuring that the city is getting the appropriate
amount of revenue out of the building and the parking. Also, there is money that goes to the Convention
and Visitor's Bureau and he questioned whether they were thinking of taking some of that money to use
at the RiverCentre. The RiverCentre Authority must decide what they are going to do as there are some
serious financial issues that only they can deal with.
Councilmember Harris clarified that this is a task force taking a look at something and nothing is being
pre - implemented. In 1993 the City Council made a conscious policy decision to get in the losing
convention business by doing the RiverCentre. The first question that needs to be answered is the policy
question of how the city is supposed to be involved in this type of operation. He felt the task force was a
good way to start rethinking the policy decision.
Councilmember Coleman said he feels there is a question as to what is the best way to proceed. The
RiverCentre Authority has passed a mission statement and there is controversy with respect to that.
However, he felt it was unfair to say that the city needs to figure out what they want to be. There are
many duplicative efforts and they are not being coordinated. He said there is not a clear sense in the city
about the facility.
Roll call on Councilmember Colman's motion:
Failed Yeas - 3 Nays - 3 (Blakey, Lantry, Bostrom)
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Councilmember Lantry said she felt research is needed from Council Research as to who is doing what
functions. She suggested a policy session or an organizational meeting be scheduled in order to get the
information out publically.
Council President Bostrom suggested an amendment to the resolution and to refer the questions to
Council Research.
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 4 Nays - 2 (Coleman, Harris)
Council requested the Council Research Center provide information at the November 28, 2001, meeting
regarding Council Research's projected report completion date.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W 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 PA UL LEGAL LEDGER.
18. Second Reading - 01 -1223 - An ordinance amending Section 9.01 of the Saint Paul Charter in
accordance with Minnesota Statutes !� �/z410.12 to eliminate the limitation of six administrative
departments.
Laid over to November 28 for third reading /public hearing
19. First Reading - 01 -1235 - An ordinance amending Chapter 83 of the Saint Paul Administrative Code
to restrict the manner in which leases or management agreements involving park property can be
authorized.
Laid over to November 28 for second reading
POLICY SESSION
20. Saint Paul City Council Policy Session:
Winter Street Maintenance Program
L Introduction - Overview of Winter Street Maintenance Program
o Tom Eggum, Director, Department of Public Works
11. Snow Emergencies
A. Basis for calling a snow emergency
B. What happens during a snow emergency
C. Time line for a snow emergency
D. Informing the public
■ Gary Erickson, Department of Public Works
III. Snow Plowing and Removal
A. Plowing
B. Sanding
C. Snow Storage
D. Removal in downtown and neighborhoods
E. Private contractors for snow removal i.e. small cul -du -sacs, Highwood, etc.
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■ Gary Erickson, Department of Public Works
IV. Towing and Tagging
A. Towing policy
B. Towing charges
C. Towing contracts
D. Tagging
E. Re- plowing after towing
• Bruce Elder, Right of Way Division, Department of Public Works
• Dick Gardell, Assistant Police Chief, Saint Paul Police Department
V. Impound Lot Issues
A. Vehicle storage lot
B. Storage capacity limitations
C. Impounding fees
. Dick Gardell, Assistant Police Chief, Saint Paul Police Department
VI. Budget for Winter Street Maintenance Program
A. Overview - Program's financing and costs
B. Financing from the General Fund
C. Street Maintenance Fund's assessments and fund balance
D. Budget for salt and sand
• Representative from the Department of Public Works
• Questions may also be referred to Peter Hames, Director, Office of
Financial Services
Councilmember Blakey moved to adjourn the meeting. Yeas - 6 Nays - 0
ADJOURNED AT 6:50 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson December 26, 2001
Assistant Council Secretary
nice
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