Approved Minutes 1-15-2003Page 1 of 7
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 15, 2003 - 3:30 p.m.
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
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after the Consent Agenda)
CONSENT AGENDA (Items I -10)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
Councilmember Benanav requested Items 6 and 9 be removed for discussion.
Councilmember Benanav moved approval of the consent agenda as amended.
Adopted as amended Yeas - 6 Nays - 0
1. Claims of Coleman Kelly, Rosella Peterson and Lorraine Schaeffer.
Referred to the Risk Management Division
2. Letter from Bale Anderson Polstein Randall & Hill, Ltd. for filing respondents Thompsen Restaurant,
et al. and Affidavits in the matter of the Housing and Redevelopment Authority of the City of Saint Paul
vs. BMMS, LLC et. al.
Referred to the City Attorney's Office
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3. Letters from the Citizen Service Office, Division of Property Code Enforcement, declaring 1107 Bush
Avenue and 718 Sherburne Avenue as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a future date if necessary.)
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on January 22, 2003, to consider the appeal of Pawn America Minnesota, LLC
to a decision of the Planning Commission denying the application for a conditional use permit to operate
a Pawn Shop at 1907 Suburban Avenue.
FOR ACTION
5. Approval of minutes of December 11, 2002.
Adopted Yeas - 6 Nays - 0
6. Discussed after the consent agenda
7. Resolution - 03 -29 - Memorializing City Council action taken December 18, 2002, approving the
application of West Side Community Health for a preliminary and final plat for subdivision of property
to consolidate underlying lots at 153 Concord Avenue to allow expansion of the existing service
institution.
Adopted Yeas - 6 Nays - 0
8. Resolution - 03 -30 - Memorializing City Council action taken December 18, 2002, approving the
application of Dayton's Bluff Neighborhood Housing
Services for a preliminary and final plat to create five (5) residential lots with a variance for the property
at Otsego Street between Mount Ida Street and Lafayette Road. (Neighborhood Housing Otsego Street
Addition, Block 1, Lots 1, 2, 3, 4, & 5).
Adopted Yeas - 6 Nays - 0
9. Discussed after the consent agenda)
10. Resolution Approving Assessment - 03 -32 - In the matter of the assessment of benefits, cost and
expenses for weekly garbage hauling service for the third quarter of 2002 (J02TRASH3Q), demolitions
of buildings from part of July, 2002 to part of November, 2002 (J0204C), summary abatements
(property clean -up) for part of July, 2002 to part of December, 2002 (J0207A), boarding -up of vacant
buildings from August, 2002 to November, 2002 (J0207B), grass cutting (by private contractor) for part
of August, 2002 to October, 2002 (J0203G), and setting date of public hearing for February 26, 2003.
Adopted Yeas - 6 Nays - 0
6. Resolution - 03 -28 - Approving the appointments, by Mayor Kelly, of Christine Anderson, Kerry
Antrim, Randy Asunma, Deborah Gelbach, Ray Hess, Eric Hyland, John Margot, Maurice Nins, Jr.,
Karen Skwira and Alicia Zepeda, and the reappointments of Dr. Bruce Corrie, Jose Santos, Donna
Strusinski and Ellen Watters to the Neighborhood Sales Tax Revitalization Program (Neighborhood
STAR Board).
Councilmember Benanav asked how the District Council's were notified of these appointments. Also, he
asked if there members on the board who wanted to be reappointed, but were not. Dennis Flaherty,
Deputy Mayor, responded that Benanav was referring to two people and they were sent a letter from the
Mayor thanking them for their service with the City. The person in the office that handles appointments
routinely faxes
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to the district councils the requirements that are necessary which gives the district councils an
opportunity to make recommendations.
Councilmember Benanav asked if there were some members on the STAR Board who sought
reappointment but were not. Mr. Flaherty responded that there may have been. There was one person
who asked not to be reappointed. Mr. Benanav said he would like a list of the members who were not
reappointed. Mr. Flaherty said it's possible that the Mayor wanted to appoint someone else.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
9. Resolution - 03 -31 - Authorizing City officials to enter into an agreement with the State of Minnesota,
consistent with Minnesota Statutes Section 15.5 1, by providing an intra- governmental exchange of
personnel allowing Barb Zusan to perform the duties of scheduler for Governor Pawlenty.
Councilmember Benanav asked if there is a financial obligation on the part of the City with this
personnel exchange. Dennis Flaherty, Deputy Mayor, responded the City will continue to pay Ms.
Zusan's salary and benefits, the State will be billed, and they will reimburse the City. Manuel Cervantes,
City Attorney, concurred with Mr. Flaherty and said the State will reimburse the City 100 %.
Councilmember Benanav moved approval.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
11. Report from Police Chief Finney regarding the cost for lights and video equipment at police
facilities. (Report requested by the City Council on December 11, 2002)
Chief Finney reported he divided the cost into lighting and video monitoring and audio equipment. He
reviewed his proposal.
Council President Bostrom asked about the hand held dome device. Officer Jacobson described the high
resolution camera with a zoom lens and said the system incorporates motion detection with it. A person
could be in another state and still check the network to see what is happening in the parking lot.
Council President Bostrom asked Officer Jacobson if he was aware of this system in other law
enforcement facilities. Mr. Jacobson responded that Minneapolis has some cameras.
Councilmember Harris asked the Chief for his recommendation about this issue.
Chief Finney stated he is mindful of the financial challenges in the City right now. He is also mindful of
the threat that may be out there. The department lost some vehicles as the result of arson. It costs about
$30,000 to fully outfit a squad car and there are other issues pertaining to homeland security. There is a
lot of sensitivity about car bombs. Minnesota has been relatively safe with regard to terroristic activities.
If dollars are available, this a prudent request as it will secure the buildings the Police Department
knows they will maintain. Chief Finney said this would not be his highest priority, but it provides a great
deal of security.
Councilmember Harris asked Chief Finney if he was going to propose a budget amendment of some sort
or if he was going to try to include it in his current budget. Chief Finney stated that if it is the Council's
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desire to proceed, he will discuss it with them.
Councilmember Benanav asked the Chief his opinion on Photo Cop. Chief Finney responded he support
Photo Cop for dangerous intersections. There are some intersections that are so busy, that officers put
themselves in jeopardy. These are the same intersections that are marked the highest accident
intersections in the state. A robot cop would photograph a true violation and send that individual a
citation and a fine. There are companies that will install them at no cost to the City but they then want a
piece of the operation. He cited the intersections of University and Snelling Avenues and Snelling
Avenue and the freeway as good areas where Photo Cop would be an asset. The owner of the vehicle
would be cited and not the driver.
Mr. Benanav noted that a number of states allow photo cop and it is something he felt the City of Saint
Paul should consider.
The City Council requested that the City Attorney's Office provide a report at their February 5, 2003,
meeting on the constitutional issues relative to robot/photo cop.
12. Administrative Order:
D002220 Extending Lease Agreement PW /41 with Eller Media Company granting the continued use of
3,750 square feet of vacant land near Cayuga Street and 35E for the purpose of operating and
maintaining an outdoor advertising sign. (Laid over from December 18)
Councilmember Lantry moved a one week layover as Peter Warner, Assistant City Attorney, is looking
into this issue and he requested the additional time.
Laid over to January 22 Yeas - 7 Nays - 0
13. Report from the Administration and Council Research on the following:
Administration to provide a report describing the process they used to determine the minimum
qualifications for a new Fire Chief and describe what shifts in policy these qualifications represent when
compared to past qualifications for hiring new Fire Chiefs;
Administration to provide a report on the qualifications and experience of the members selected to serve
on the Fire Chiefs Examining Committee;
Council Research to review the City's Charter, Code and other related materials and describe the process
for selecting a new Fire Chief,
Council Research to examine historical records pertaining to the appointment of former Fire, and if
relevant, Police Chiefs in the City to determine the type of hiring model to be used in the current
situation;
Council Research to review a recommended process for the hiring of the new Fire Chief.
The Office of Human Resources, in consultation with Council Research, develop a report on the
potential pool of candidates under the new (2003) and old (1990) minimum qualifications, noting the
race and gender of the potential candidate pool.
(Report requested by the City Council on January 8)
Marcia Moermond, Council Research Policy Analyst, stated the policy analysts have put together a draft
memo and a full memo will be given to the Council on January 17. Amongst the policy analysts, Ken
Smith has been leading this effort. David Godfrey has been looking into the past hiring procedures for
fire and police chiefs, and Katie Krile has been working with the Office of Human Resources and
looking at statistical information on hiring pools.
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Councilmember Coleman questioned how useful a discussion would be at this time if the final report is
not completed. Councilmember Blakey stated he feels this issue is going too fast and at the previous
City Council meeting he was open to laying it over for two weeks.
Councilmember Lantry stated she would like to add Pat Fish, Fire Prevention, to the committee. Council
President Bostrom responded he would accept that as a friendly amendment. Councilmember Coleman
said that may not be the only change for the makeup of the committee. The process does not have to be
unduly delayed, but it does not have to be unnecessarily expedited. A two week layover would not make
a significant difference. Councilmember Lantry said she was fine with the minimum qualifications in
ordinance form. If everyone's goal is to hire a qualified fire chief, they should stop being proprietary
about who is doing what and figure out how to hire a new fire chief. Mr. Coleman stated that doing what
they are suppose to do under the ordinance is not being unduly proprietary, it is doing what they are
suppose to do. There are a few things the Charter specifically tells them to do. He said he was not
comfortable going forward at this time and if there is a gaping hole in the department or there was no
one to step in as acting chief, then he would feel differently. Also, they need to be concerned with the
precedent they set when the police chief retires in the next year or so.
Councilmember Lantry stated she does not like to see the Council do all sorts of research and conduct an
exhaustive search on committee members when the minimal qualifications are already there. She is
comfortable with the minimal qualifications and she does not want to spend additional time if what was
proposed is the best thing. The worse thing that can happen is for the Council to stop the whole process,
spend a lot of people's time doing research, and come back with the same thing. She does not want to
abdicate their responsibility as Councilmembers. Without a doubt, this process had holes in it that
happened because there was inexperience on both sides. The Council should have taken a lead as soon
as Chief Fuller said he was retiring and someone should have said that Chapter 12 comes into play.
Then, stated Councilmember Coleman, the process has been flawed and there is an opportunity to step
back and look at it. It may well be that they end up in a similar position a month from now but if they
take the appropriate steps, then they are beyond reproach and cannot be challenged by someone who
does not get the position.
Council President Bostrom stated he introduced the ordinances and takes full responsibility. Because of
the issues that have been raised and the concerns of the Concilmembers, the ordinances can be
withdrawn.
Councilmember Coleman moved to recall and withdraw the following ordinances regarding the
minimum qualifications and the examining committee.
Third Reading - 03 -3 - An ordinance establishing the minimum qualifications for the vacancy for the
position of Fire Chief pursuant to the provisions of Section 9.01 (a) of the Administrative Code and
Section 12.12.1 of the Saint Paul City Charter. (On January 8, 2003, this ordinance was laid over to
January 22, 2003, for third reading /public hearing)
Recalled and withdrawn Yeas - 7 Nays - 0
Third Reading - 03 -4 - An ordinance establishing an Examining Committee for the position of Fire
Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter. (On January 8, 2003,
this ordinance was laid over to January 22, 2003, for third reading /public hearing)
Recalled and withdrawn Yeas - 7 Nays - 0
The City Council requested that the City Attorney's Office and Council Research provide a report at the
January 22, 2003, Council meeting on the process necessary for establishing the minimum qualifications
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for hiring a Fire Chief and establishing and selecting the Fire Chief Examining Committee.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
14. Final Adoption - 02 -1167 - An ordinance amending Chapter 411 of the Saint Paul Legislative Code
to eliminate the numbers of performers allowed by a Class A license.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
15. Final Adoption - 02 -1186 - An ordinance amending interim ordinance 01 -648, adopted July 18,
2001, which imposed a moratorium on the use of property in the area presently under study for the
Arcade Street Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
Council President Bostrom stated this ordinance allows Farnsworth Elementary School to add a couple
of portable buildings.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
16. Second Reading - 03 -22 - An ordinance prohibiting deer feeding within the City.
Laid over to January 22 for third reading /public hearing
17. First Reading 03 -33 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase the fees charged for various permits.
Laid over to January 22 for second reading
Councilmember Harris moved suspension of the rules and approval of the following resolution:
Resolution - 03 -34 - Approving an application, with conditions, for a Cabaret -Class A and Game Room
Licenses by Joe Furth, dba Eclipse Records, 1692 Grand Avenue. (Legislative Hearing Officer
recommends approval with conditions)
Councilmember Harris stated this issue was a long process and there was a lot of controversy. The
conditions are what the Legislative Hearing Officer recommends and he recommended approval by the
Council.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved to adjourn the meeting
Yeas - 7 Nays - 0
ADJOURNED AT 4:20 P.M.
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Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson February 5, 2003
Assistant Council Secretary
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