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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 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153541\Approved ... 12/15/2010 Page 2 of 7 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 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153541\Approved ... 12/15/2010 Page 3 of 7 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 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153541\Approved ... 12/15/2010 Page 4 of 7 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. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153541\Approved ... 12/15/2010 Page 5 of 7 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 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153541\Approved ... 12/15/2010 Page 6 of 7 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. file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_153541\Approved ... 12/15/2010 Page 7 of 7 Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson February 5, 2003 Assistant Council Secretary fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_153541\Approved ... 12/15/2010