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Approved Minutes 9-4-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL 1 Wednesday, September 4, 1996 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard The meeting was called to order at 3:40 p.m. by Council President Thune. Present- 6 - Councilmembers Blakey, Bostrom, Guerin, Harris, Rettman, Thune Absent - 1 - Megard (excused) CONSENT AGENDA Councilmember Blakey moved approval of the Consent Agenda. Roll Call: Yeas - 6 Nays - 0 FOR ACTION 1. Approval of minutes of July 31, 1996. Adopted Yeas - 6 Nays - 0 2. Claims of Tim Becker(for Chaquese Sears), Tracy Eichorn-Hicks (for Lia Her), Rosalee Gartner, Frank Koenig, Mark Seeger(for Charles Anderson), and Thor Sellie. Referred to Risk/Employee Benefit Management Division 3. Summons, Complaint and Jury Trial Demand in the matter of Sirathy Thomas Ky, dba Kim Fung Jewelry Store, vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Letter from the Office of the City Attorney announcing a hearing before the City Council on September 11, 1996, to consider adverse action against licenses held by L. & K. Corporation, dba Quick Stop Liquor, 824 7th Street. (Uncontested) 5. Letter from the Office of the City Attorney announcing a hearing before the City Council on September 11, 1996, to consider adverse action against licenses held by Q.C. Energy II, L.C., dba Jiffy, 637 Rice Street. (Uncontested) 6. Letter from the Office of the City Attorney announcing a hearing before the City Council on September 11, 1996, to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Khadrah Wazwaz, dba 7th Street Market, 1658 7th Street East September 4, 1996 City Council Summary Minutes Page 2 7. Letter from the Department of Planning and Economic Development announcing a hearing before the City Council on September 11, 1996, to consider the appeal of Concerned Residents of Como Park to a decision of the Planning Commission granting a special condition use permit to Marvin E. Lundquist/Tires Plus to allow an auto specialty store at 1144 Larpenteur Avenue (south side between Lexington and Dunlap). 8. Letter from the Department of Planning and Economic Development announcing a hearing before the City Council on September 11, 1996,to consider the appeal of Marvin Lundquist/Tires Plus to a decision of the Planning Commission granting a special condition use permit to Marvin E. Lundquist/Tires Plus to allow an auto specialty store at 1144 Larpenteur Avenue (south side between Lexington and Dunlap). Appellant is appealing a condition imposed by the Planning Commission relating to hours of operation. 9. Letter from the Department of Planning and Economic Development announcing a hearing before the City Council on September 11, 1996, to consider the application of Jeanne Holmes to rezone property from RM-2 (residential)to B-2C (community business converted)to allow an office for the Hungry Mind Press, 98 North Snelling Avenue (east side between Ashland and Laurel). 10. Letters from Saint Paul Public Health declaring 955 Aurora Avenue, 795 Butternut Street, 844 Edmund Avenue, 831 Jessamine Avenue East, 875 Marion Street, 901 Payne Avenue, and 752 Reaney Avenue as "nuisance properties", and setting date of Legislative Hearings for September 17, 1996, and City Council Hearings for September 25, 1996. 11. Letters from Saint Paul Public Health declaring 934 Euclid Street, 1328 Maryland Avenue East, and 651 Watson Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 12. Administrative Orders: D001001 Addition of$1,007.00 to the contract for handicap elevator installation at Valley Recreation Center and wheelchair lifts at North Dale and Duluth& Case Recreation Centers. D001002 Extending the completion date for the Hampden-University Sewer Separation Project. D001003 Extending the completion date for the Davern Outlet Phase B contract. D001004 Deduction of$15,365.50 from the contract for Indian Mounds Park Improvements. D001005 Transferring spending authority in Public Health between Lead Abatement and Lead Based Paint Hazard Control Program. D001006 Amending the 1993 Capital Improvement Program in the Department of Public Works by increasing assessment revenue in the 1993 Sidewalk Reconstruction project and authorizing additional spending for engineering services. D001007 Amending the 1996 budget in the Division of Parks and Recreation for Fund 334 - Municipal Stadium. D001008 Amending the 1996 budget in the Division of Parks and Recreation for Fund 325 - Special Services. September 4, 1996 City Council Summary Minutes Page 3 D001009 Authorizing the Saint Paul Police Department Critical Incident Response Team to utilize the United States Army's advanced training facility at Camp Ripley on September 15-18, 1996. D001010 Addition of$259,890.08 to the contract for Davern Outlet Phase A. Noted as on file in the City Clerk's Office 13. Resolution- 96-1005 - Approving the appointments of Julie Hoff and David Schwebel, by Mayor Coleman, to the Business Review Council. (Laid over from August 28 for adoption) Adopted Yeas - 6 Nays - 0 14. Resolution - 96-1006 - Approving the appointment of Chris Hansen, by Mayor Coleman, to the Skyway Governance Committee. (Laid over from August 28 for adoption) Adopted Yeas - 6 Nays - 0 15. Resolution- 96-1075 -Approving the Memorandum of Agreement between the City of Saint Paul and Minnesota Statewide District Council of Carpenters. (To be laid over one week for adoption) Laid over to September 11 for adoption 16. Resolution- 96-1076 -Finalizing City Council action taken July 10, 1996 granting the appeal of Robert and Cherry Grant for a skylight at 415 Laurel Avenue. Adopted Yeas - 6 Nays - 0 17. Resolution- 96-1077 -Finalizing City Council action taken July 3, 1996 granting the appeal of Brew & Bottle, Inc., dba Vine Park Brewery, 242 West 7th Street, for a micro brewery as an accessory use to a brew on premise store. Adopted Yeas - 6 Nays - 0 18. Resolution- 96-1078 -Approving payment of$5,000.00 to Paul Smith in full settlement of his claim against the City of Saint Paul Adopted Yeas - 6 Nays - 0 19. Resolution- 96-1079 - Establishing the rate of pay for the Emergency Paramedical Services Chief Class in the Salary Plan and Rates of Compensation Resolution. Adopted Yeas - 6 Nays - 0 20. Resolution- 96-1080 -Approving submittal of a grant proposal by the Police Department to the State of Minnesota Department of Education. Adopted Yeas - 6 Nays - 0 21. Resolution- 96-1081 -Approving submittal of a grant application by the Police Department to the National Institute of Justice for stress reduction programs within the Employee Assistance Program. Adopted Yeas - 6 Nays - 0 September 4, 1996 City Council Summary Minutes Page 4 22. Resolution- 96-1082 -Approving submittal of a grant application by the Police Department to the National Institute of Justice for funding of the 10-1 Police Beat cable television series. Adopted Yeas - 6 Nays - 0 23. Resolution- 96-1083 - Approving submittal of a grant application by the Police Department to Minnesota Department of Children, Family and Learning for second year funding of the Kops `N Kids Project. Adopted Yeas - 6 Nays - 0 24. Resolution- 96-1084 -Accepting a contribution of$2,400.00 from Remmele Engineering, Inc. for the D.A.R.E. program. Adopted Yeas - 6 Nays - 0 25. Resolution- 96-1085 - Amending the1996 Library budget in Fund 350-Library Aids and Grants to expend balances from grants, reflect an increase in donations from The Friends of the Library, and reflect funding for library materials from CDBG. Adopted Yeas - 6 Nays - 0 26. Resolution- 96-1086 - Amending the 1996 Capital Improvement Program by transferring spending and financing from the 1996 West Side Intersection Redesign and Humboldt Street Repaving/Lighting projects and adding Water Utility and Tax Increment financing to the 1996 South Wabasha Street Improvements project. Adopted Yeas - 6 Nays - 0 27. Resolution- 96-1087 -Amending the Capital Improvement Program by transferring spending and financing from the 1996 MSA Contingency and 1995 Signal Installation projects and adding County Aid and MnDOT funding to the University-Prior to Eustis Signal project. Adopted Yeas - 6 Nays - 0 28. Resolution- 96-1088 - Directing the proper City Officials to execute a Quit Claim Deed to the State of Minnesota for Gateway Recreation Trail. Adopted Yeas - 6 Nays - 0 29. Resolution- 96-1089 - Approving a loan to the Municipal Equipment Fund to bring the Parks and Recreation Division's fleet to the same level as other City fleets within five years. Adopted Yeas - 6 Nays - 0 30. Resolution- 96-1090 -Amending Council File 95-565 to include a permanent sewer easement and retain a 20'x 20'triangle for right-of-way purposes. Adopted Yeas - 6 Nays - 0 September 4, 1996 City Council Summary Minutes Page 5 31. Resolution- 96-1091 -Agreeing to hold harmless Health Partners, 205 South Wabash Street, Gross- Giving Manufacturing, 75 West Plato Boulevard,All, Inc., 185 West Plato Boulevard, Tursso Companies, 223 East Plato Boulevard, and Crepeau Graphics, 120 West Plato Boulevard for use of their parking lots for event parking for the Minnesota Orchestra Concert on Harriet Island on September 7, 1996. Adopted Yeas - 6 Nays - 0 32. Resolution- 96-1092 - Agreeing to hold harmless Upper River Services and Shiely Company for their services for the fireworks show following the Minnesota Orchestra Concert on Harriet Island on September 7, 1996. Adopted Yeas - 6 Nays - 0 33. Resolution - 96-1093 - Approving the proposed settlement of the St. Paul Fire Supervisory Association v. the City of St. Paul, et. al. Adopted Yeas - 6 Nays - 0 34. Resolution - 96-1094 - Allowing residents to more easily access emergency medical, fire and public safety services. Adopted Yeas - 6 Nays - 0 Councilmember Rettman stated she and Councilmember Guerin will have a report in about 75 days. Fire Chief Fuller and the administration will be looking at the issue. Councilmember Rettman said she has talked to the Sandwich, Massachusetts Fire Department; they say it has been beneficial in cutting down personal property damages when entering for medical services. FOR DISCUSSION 35. Resolution- 96-1016 - Revising the Saint Paul Municipal State Aid(MSA) System. (Laid over from August 28) Councilmember Rettman distributed an attachment to the resolution and moved approval. Adopted Yeas - 6 Nays - 0 ORDINANCES 36. Final Adoption - 96-892 -An ordinance to allow property owners to plant and maintain gardens in the City right-of-way adjoining their property. (Amended on August 28) Councilmember Blakey moved a two week layover in order for the Historic Preservation Commission to look into this issue; they were concerned about boulevard uniformity. Laid over to September 18 Yeas- 6 Nays - 0 37. Second Reading - 96-1028 - An ordinance amending Chapters 60 and 62 of the Saint Paul September 4, 1996 City Council Summary Minutes Page 6 Legislative Code pertaining to pawn shop zoning. Laid over to September 11 for third reading/public hearing 38. Second Reading - 96-1029 -An ordinance amending Chapters 60 and 64 of the Saint Paul Legislative Code pertaining to zoning. Laid over to September 11 for third reading/public hearing 39. Second Reading - 96-1070 -An ordinance amending Chapter 229 of the Saint Paul Legislative Code relating to the curfew applied to minors. Laid over to September 11 for third reading/public hearing 40. First Reading - 96-1095 - An ordinance to amend Chapter 310.18 of the Saint Paul Legislative Code setting uniform license fee schedules by increasing the fee for selling animals to be used for institutional research. Laid over to September 11 for second reading 41. First Reading - 96-1096 -An ordinance finalizing City Council action approving the petition of James R. Fox to rezone property at 559-561 Desoto Street from RT-1 to I-1. (Public hearing held August 7, 1996) Laid over to September 11 for second reading (Note: The public hearing on the following item was held September 4) 46. Resolution Ratifying Assessment- 96-1062 - In the matter of improving the alley in Block 28, A. Gotzian's Rearrangement of Sigel's Addition(bounded by Gotzian Street, Johnson Parkway, and Third Street) by grading and paving with bituminous material. (File#18774) (Laid over from August 28) Councilmember Guerin stated this was a dirt alley. The Council received a list from the last ten years of assessments paid for the street and alley maintenance, which was about$9 a lot. A correction was sent out notifying property owners that the cost would be $14.00 per foot. The actual cost exceeded the $14.00. When the cost exceeds the amount, the policy states the owner can be assessed 10%more. Public Works proposed $15.40. Mr. Guerin found that property owners were not notified they would be charged more and expressed concern about the situation. Instead of having the work done,the owners might have asked the City to improve the alley through the street alley service charges paid every year. Councilmember Guerin moved to amend the assessment to $14.00 per foot instead of$15.40. Peter White, Real Estate Division, sated that residents were notified of the assessment at the time of the ratification, but not prior to the construction. The City Council approved this project in January of 1995. The project was bid and built and the cost came in higher. September 4, 1996 City Council Summary Minutes Page 7 Council President Thune asked if people could be notified when costs turn out to be higher. Peter White concurred that it would be a good idea to inform people. If the cost comes in less, the property owner is charged the actual cost, Mr. White stated. Councilmember Rettman suggested language be incorporated in the form stating what the policy is for future assessments. Peter White agreed to make the change to the form. Councilmember Guerin moved approval. Adopted Yeas - 6 Nays - 0 (Assessment roll amended to $14.00 per assessable foot) Councilmember Bostrom moved for suspension of the rules and approval of the following resolution: Resolution- 96-1101 -Urging the Saint Paul Board of Education to keep its commitment to the DARE program by committing necessary funds to the program. Councilmember Bostrom said he feels this is a good program and would like to see it continue. Councilmember Harris stated on two instances, teachers have informed him they heard from the DARE Program that certain schools will be left out because there is not a drug problem at those schools. He said he would like the funding to continue because DARE is a good program. Adopted Yeas - 6 Nays - 0 Councilmember Blakey moved for suspension of the rules to recall the following items which had been laid over indefinitely, and to lay over November 6. Final Order- 95-1403 - In the matter of improving Ohio Street from George Street to Annapolis Street. (File#18800) (Laid over indefinitely from January 26) Recalled and laid over to November 6 for public hearing Yeas - 6 Nays - 0 Final Order- 95-1404 - In the matter of construction and/or repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with improving Ohio Street from George Street to Annapolis Street. (File#18800-Conn) (Laid over indefinitely from January 26) Council President Thune stated a variance has been received from the State and the trees and parking have been saved. Recalled and laid over to November 6 for public hearing Yeas - 6 Nays - 0 Councilmember Rettman moved for suspension of the rules to reconsider the following resolution: September 4, 1996 City Council Summary Minutes Page 8 Resolution- 96-1040 - Ordering the owner to remove or repair the building at 95 Isabel Street within fifteen(15) days from adoption of resolution. (Reconsidered from action taken on August 28, 1996) Council President Thune stated this was an abatement and 180 days was authorized for the new owner to repair the building; however, the original owner has retained ownership. Mr. Thune urged reconsideration for 15 days to remove or repair the building as opposed to 180. Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 (Remove or repair within 15 days) (The meeting was recessed from 4:08 to 4:35 p.m.) PUBLIC HEARINGS 42. Third Reading - 96-1002 - An ordinance finalizing City Council action approving the petition of Bradley Rhodes, Maryland and Audrey Mork, and the estate of Filemon Balbuena to rezone property located at the southeast corner of Marshall and Western Avenues and an extension on Dayton Avenue from RM-2 to P-1. (Public Hearing held July 24, 1996) Laid over to September 11 for final adoption 43. Resolution - 96-964 - Recommending that conditions be put on the patio extension license held by Sweeney's Saloon, 96 Dale Street North. (Laid over from August 14) Councilmember Blakey moved to continue the public hearing to September 25. Laid over to September 25 Yeas - 6 Nays - 0 44. Resolution- 96-913 -Approving application for a Patio Service License by The Vintage, Inc, 579 Selby Avenue. (ID #30828) (Substitute introduced and laid over from August 28) Bob Kessler, License, Inspections, and Environmental Protection, appeared before the Council. His office recommended approval of the license and said they are willing to work with anyone having concerns in the future. Judy McLaughlin, Ramsey Hill Association, appeared to discuss the hours of operation. She stated she was representing both the Ramsey Hill Association and the District 10 Planning Council. She requested that the patio close at 10:00 p.m. Sunday through Thursday and midnight on Fridays and Saturdays. Katie Bergstrom, 580 Dayton Avenue, said her home is the closest to the patio. It was her understanding the Council cannot vote on a patio extension unless certain conditions have been met under the ordinance. One of those conditions is that 90% of homeowners and tenants within 200 feet must approve the patio. The owners circulated a petition indicating the hours the patio would be open. Since then, the owners have changed to unrestricted patio hours. She requested the validity of the petition be determined before the Council votes. She reminded the Council that Saint Paul has a noise ordinance that is enforced at 10:00 p.m. The owners have said they will abide by the terms of September 4, 1996 City Council Summary Minutes Page 9 that ordinance. The Office of LIEP stated the patio will not technically be in violation of the noise ordinance. Ward Kurtis, 574 Dayton Avenue, spoke in support of the petition and the patio. He and his wife signed the petition with the understanding that the hours were negotiable but they were hoping for a 10:00 p.m. closing. He said he wants to see The Vintage be successful and he did not feel a 10:00 p.m. closing would be detrimental to its success. Council President Thune questioned who had made the statement that the hours were negotiable. Mr. Kurtis said he had that understanding all along based on the planning meetings he attended where the hours were being negotiated. When the petition was circulated, it was stated it had nothing to do with the hours, but whether the signers approved of the patio. Kiota Kurtis, 574 Dayton Avenue, said the neighbors are looking for a compromise. Allowing the patio without any restrictions is giving the business owner everything and the neighbors nothing. Betty Bush, 754 Marshall Avenue, member of the Summit-University Planning Council, stated there was a community meeting with The Vintage and there was a compromise on the hours, but The Vintage owners changed it. Majorie Toliver, 590 Dayton Avenue, said the hours are not the issue, but rather noise. She feels an environmental impact study should be done concerning the trees that will be cut down. Patrick Smith, Attorney for The Vintage, said the owners have invested a tremendous amount of money in this property. A second petition specifically mentioned operating this business in accordance with W. A. Frost. There are a number of residents in the immediate area that support this business and the hours. The sound issue will be addressed, Mr. Smith said. Anthony Hulsebus, 830 Grand Avenue, a partner in the business, said the owners have spent many hours listening to residents. They chose this building because of the residential/business mix. It has been B-2 commercially zoned for a number of years. The homeowners that purchased at that time were well aware they were buying a house next to a B-2 commercially zoned building. Mr. Hulsebus said the site would be beautified by planting trees, erecting a six foot privacy fence around the parking lot to shield the sound from Selby Avenue and from the clients, and restoration inside the building. The jobs created the first year will total over$30,000. After two years, over 125 people will be employed and the average wage will be about $10.00 an hour. The minimum wage will be $6.00 an hour and up to $15.00. The development and long term success will contribute significantly to the tax base. The revenue loss, if the patio hours are shortened by 17 hours, will be $400 an hour or$129,200 annually, Mr. Hulsebus said, a significant loss in the first year of a new business in the Selby-Dale area. Every restaurant on Selby Avenue has a patio and some businesses say that without a patio, they would not be in business. September 4, 1996 City Council Summary Minutes Page 10 Mr. Hulsebus stated the petition that was circulated clearly stated that the hours were to be worked out. The following concessions have been made: the air conditioning system will be moved to the roof instead of behind the roof which will cost$8,000 to $10,000. The patio has been decreased from its original design by 800 square feet and thus the revenue has been decreased by $35,000 for a four-month summer period. The patio is on the north side, an opaque, privacy fence will be installed at a cost of$1,500.00, and there will be no music on the patio. He has spoken to Officers Ed Lemmon and Paul Harper about working for The Vintage. Mr. Hulsebus asked the Council to approve the Licensing Department's recommendation. Council President Thune asked Mr. Hulsebus if he had told people of specific hours. Mr. Hulsebus responded that he did not. Troy DeWitt, 945 Grand Avenue, owner of the building at 579 Selby Avenue, said he feels very positive about Selby Avenue. The design for The Vintage calls for a solid, six foot privacy fence, vegetated with vines, trees, and shrubbery for absorbing sound. The W.A. Frost patio is about twice the size of The Vintage's prospective patio, it is not fenced, and the neighbors live closer to that one than The Vintage's. Mike Costello, 393 Selby Avenue, said any business in the Selby area is welcome and the less restrictions, the better. Joe Zappa, 530 Selby Avenue, Company Time Inc., said he has respect for the business owners of The Vintage for putting so much money into the business and they should be given every opportunity to make a success of it. If there is a problem,the Council will have ample opportunity to restrict them in the future. Carl Gray, 261 Summit Avenue, member of the Historic Preservation Committee, said he would like to see developers of properties be successful because successful properties mean stronger neighborhoods and more security. Alicia Brewster, 588 Selby Avenue, neighbor to The Vintage, said she has no problem with the business staying open until midnight. There is already a lot of noise on Selby Avenue and she feels it would be productive for the neighborhood because it will look nice. The business should be given a fair chance and can be evaluated if there is a problem. Andy Gizzell, Cherokee State Bank, 985 Grand Avenue, spoke in support of the extended patio hours. He said he has been involved with the DeWitts for the past eight years with their shop on Grand Avenue which is a quality operation and he felt The Vintage will be the same. Ann Paladie, 179 Kent Street, spoke on behalf of her husband and landlord saying they are in favor of The Vintage. (Guerin left and returned) Anthony Higgs, 584 Selby Avenue, spoke in support of the patio hours. September 4, 1996 City Council Summary Minutes Page 11 Tina Higgs, 584 Selby Avenue, neighbor to The Vintage, said there already are police calls, busses, and a lot of noise on Selby. She is supportive of the business. James Jones, J& J Auto Repair, 666 Selby Avenue, spoke in favor of The Vintage. He said if the City is going to restrict the hours of a business, then it might as well restrict the hours of people driving down the street with boom boxes disturbing the neighborhood. A patio with a few hours a night entertainment would not disturb much. If the neighborhood expects to build Selby Avenue,the City will have to give a little adjustment to both sides. If there is a problem, then time should be taken to re-evaluate the situation. Linda Gunderman, 588 Selby Avenue# 1, said she does not feel there is a problem with the noise. People sitting out on a patio will not make much more of a difference than the noise already on Selby. The public hearing was closed. Councilmember Blakey stated he looked at this issue closely and took a tour of the property. He is appreciative of the residents who have put an investment into their property. Selby Avenue is coming along very well. He was impressed with the number of things the owners are trying to do to mitigate noises. However, Selby Avenue is also a commercial street Mr. Blakey moved to grant the patio license with the condition of closing at 11:00 p.m. on Sundays. Substitute of August 28 adopted as amended Yeas - 6 Nays - 0 45. Resolution- 96-1097 -Approving application for an Auto Body Repair Garage License by B & A Body Shop, Inc., 363 Atwater Street. (ID #55804) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0 46. (See Page#6) 47. Resolution Ratifying Assessment- 96-1063 - In the matter of improving the alley in Block 12, Michel and Robertson's Addition(bounded by Chatsworth Street, James Avenue, Milton Street, and Randolph Avenue) by grading and paving with bituminous material. (File #18776) (Laid over from August 28) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 September 4, 1996 City Council Summary Minutes Page 12 48. Resolution- 96-1098 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1748 Sheridan Avenue. No one appeared in opposition. Councilmember Harris moved denial of the appeal with a condition allowing 90 days to correct the code violations. The property owner has been working with Chuck Votel from Public Health. Adopted as amended Yeas - 6 Nays - 0 49. Resolution- 96-1099 -Vacating the alley abutting Lots 5-12 inclusive and the westerly 28 feet of Lots 4 & 13 Block 2 University Subdivision of Lots 1, 2 and 8 Hyde Park. No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 50. Final Order- 96-1100 - In the matter of sidewalk reconstruction on both sides of Kenneth Street from Bohland Avenue to Saunders Avenue. (File#S96050) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Blakey moved adjournment. 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