Approved Minutes 9-5-2001Page 1 of 20
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 5th, 2001 - 3:30 - 5:00 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
• Reconsidered Veto Item
• Reconsidered Items
• Suspension Item
• For Discussion
• Ordinances
• Suspension Item
• Public Hearings
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 39)
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.
Councilmember Blakey requested Item 8 be removed for discussion.
Councilmember Coleman requested Item 22 be removed for discussion.
Councilmember Harris requested Item 29 be removed for discussion.
Councilmember Lantry moved approval of the Consent Agenda as amended.
Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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1. Claims of Allstate Insurance Co. (for Issam Alhuniti), Freeman Brooks, Jr. and Patricia Olson,
Gabriel Carter, Josie Christopherson, Joanna Conover, Patrick Fleming, Robert Harris Trust, Anthony
Hill, Ivory Jackson, Robert Masson, Metropolitan Council, Mary Meyer, Murrin Law Firm (for Faye
Schneider), Alan Nielsen, Florene Pattain, State Farm Insurance Companies (for Joni Geppert),
Stephanie Thoe, and Travelers Insurance (for Dennis Tepler).
Referred to the Risk Management Division
2. Writ of Certiorari and Petition in the matter of Donald D. Drouin Jr. vs. the City of Saint Paul. (1183
Arkwright Street)
Referred to the City Attorney's Office
3. Statement of Case, State of Minnesota in Court of Appeals in the matter of Donald D. Drouin, Jr. vs.
the City of Saint Paul. (1183 Arkwright Street)
Referred to the City Attorney's Office
4. Order Denying Stay of City Council Resolution File Number 01 -786 in the matter of Donald Dr.
Drouin, Jr., vs. the City of Saint Paul. (1183 Arkwright Street)
Referred to the City Attorney's Office
5. Exparte Motion to Stay Decision of City Council Pending Review by the Minnesota Appeals Court in
the matter of Donald D. Drouin, Jr. vs. the City of Saint Paul. (1183 Arkwright Street)
Referred to the City Attorney's Office
6. Communication from District Energy St. Paul, Inc. dated July 19, 2001, regarding the rates to be
charged to district heating customers effective October 1, 2001, (Single Rate: $0.0449 per kilowatt -hour
and Two -Part Rate: Demand - $4.35 per kilowatt per month; Energy - $14.15 per megawatt- hour.)
7. Communication from District Cooling St. Paul, Inc. dated July 19, 2001, regarding the rates to be
charged to district cooling customers effective October 1, 2001, (Demand: $22.38 per ton per month and
Energy: $0.06 per ton - hour).
8. (Discussed after the consent agenda)
9. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on September 27, 2001, at 9:30 a.m. in Room 40 -A, St. Paul City Hall, concerning all licenses held by
Blue's Saloon, Inc., dba Lucy's for the premises located at 601 Western Avenue North.
10. Letters from the Citizen Service Office /Property Code Enforcement Division declaring 1124
Conway Street, 245 Front Avenue, 847 Lexington Parkway South, and 62 Winifred Street West as
nuisance properties, and setting date of Legislative Hearings for September 4, 2001, and City Council
Hearings for September 19, 2001.
11. Letter from the Citizen Service Office /Property Code Enforcement Division declaring 667 Magnolia
Avenue East as nuisance property. (For notification purposes only; public hearing will be scheduled at a
later date if necessary.)
12. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 19, 2001, to consider the application of Parkway Place Housing
LLC to rezone property from R -4 and B -1 to RM -2 to develop and operate an apartment project
containing a minimum of 114 units for senior residents (more than 55 years of age) and related activities
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at the north side of Hudson Road between Johnson Parkway and Frank Street.
13. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 19, 2001, to consider the application of Lisa Kamp to rezone
property from R -4 (single - family residential) to B -1 (local business) to allow for combining with an
adjacent B -1 zoned parcel in order to construct an accessory garage for the residence at 395 West Cook
Avenue.
14. Administrative Orders:
D002056 Authorizing the Police Department Critical Incident Response Team to utilize the United
States Army's advance training facility at Camp Ripley, Fort Ripley, Minnesota on September 12 -15,
2001.
D002057 Authorizing a $500.00 contribution to River Action, Inc. to launch the Grand Excursion 2004
Proj ect.
D002058 Extending the contract completion date from December 31, 2000, to June 15, 2001, for the
Avon - California Sewer Relining Project.
D002059 Authorizing payment to Public Art Saint Paul for the costs and expenses of restoration of
sculptures in Cochran and Nathan Hale Parks in an amount not to exceed $3,870.
D002060 Authorizing a one year License Agreement (PW /10) with the Saint Paul Port Authority
allowing them to occupy and use the former Whirlpool Building 17 property to access the former Stroh
Brewery property and temporarily store construction material for demolishing the grain elevators in
preparation for redevelopment.
Noted as on file in the City Clerk's Office
FOR ACTION
15. Resolution - 01 -911 - Approving the appointment of Mary -Helen Mische, by Mayor Coleman, to
serve as an Assistant to the Mayor effective August 22, 2001.
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -912 - Revoking the Taxicab Driver's License held by Thomas Everett Hayes.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -913 - Suspending all licenses held by East Side Hospitality, Inc., dba Hillcrest
Entertainment Center, 1560 White Bear Avenue, for ten days for lapse in liquor liability insurance.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -914 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 436 Shepard Road West, 882 Seventh Street West and
1259 Berkeley Avenue.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -915 - Approving application, with conditions, for Extension of Service Area to
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Third Floor and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale over 100 Seats
to Over 200 Seats by The Vintage, 579 Selby Avenue. (Legislative Hearing Officer recommends
approval with conditions)
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -916 - Approving application, with conditions, for Pool and Billiard Hall, Original
Container and Cigarette /Tobacco Licenses by Hung Nguyen, dba Hung Billiards, 995 University
Avenue West. (Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
21. Resolution - 01 -917 - Authorizing the Director of Public Works to request a variance to Municipal
State Aid Rule for reconstruction of St. Clair Avenue between West Seventh Street and Ann Street and
to hold the State harmless for granting the variance.
Adopted Yeas - 7 Nays - 0
22. (Discussed after the Consent Agenda)
23. Resolution - 01 -919 - Approving the layout prepared by the Department of Transportation
(MN /DOT) for improvements of parts of Trunk Highways (TH) I -494 and 61, including the replacement
of the I -494 Wakota Bridge and associated local improvements.
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -920 - Authorizing the Police Department to enter into an agreement with the State of
Minnesota to conduct background investigations for up to twelve State assigned Minnesota Police Corps
Cadets.
Adopted Yeas - 7 Nays - 0
25. Resolution - 01 -921 - Authorizing the proper City officials to enter into an agreement with the State
of Minnesota Department of Transportation to relocate a pedestrian pathway along L'Orient Street,
which is located on MnDot's I -35E right -of -way, for development of two soccer fields at McDonough
Recreation Center.
Adopted Yeas - 7 Nays - 0
26. Resolution - 01 -922 - Approving a permanent easement agreement between the City of Saint Paul
and Avex Lowry Limited Partnership to allow Avex to construct, operate, and maintain a new fire main
in the City Hall Annex.
Adopted Yeas - 7 Nays - 0
27. Resolution - 01 -923 - Approving a joint powers agreement between the Minnesota Pollution Control
Agency (MPCA) and the City to fund the completion of the Phase I clean -up action at the old Pig's Eye
Dump.
Adopted Yeas - 7 Nays - 0
28. Resolution - 01 -924 - Releasing utility easements, as petitioned by Episcopal Health and Housing
Services, in part of the vacated alley between Lots 72 through 76, Union Park and Hinkel's 3rd
Amendment to Union Park.
Adopted Yeas - 7 Nays - 0
29. (Discussed after the consent agenda)
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30. Resolution - 01 -926 - Authorizing the purchase of land (one parcel at 1071 Marshall Avenue) for the
Jimmy Lee Recreation Center Acquisition and Redevelopment Project.
Adopted Yeas - 7 Nays - 0
31. Resolution - 01 -927 - Rescinding City Council File Number 00 -232 and the pending assessment be
removed from the property at 867 Pierce Butler Route /811 Victoria Street North.
Adopted Yeas - 7 Nays - 0
32. Resolution - 01 -928 - Authorizing the Department of Fire and Safety Services to accept a donation
of $2,500.00 from HealthPartners for the Risk Watch Program.
Adopted Yeas - 7 Nays - 0
33. Resolution - 01 -929 - Replacing Council File No. 267621 adopted in 1976 to clean up outdated
language pertaining to health insurance eligibility.
Adopted Yeas - 7 Nays - 0
34. Resolution - 01 -930 - Authorizing payment of $8,750.00 to Gladstone Construction, Inc. in full
settlement of their claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
35. Resolution - 01 -931 - Accepting grants from the Metropolitan Council and the Department of Trade
and Economic Development for the remediation of the U.S. Bank Operations Center site on the West
Side Flats.
Adopted Yeas - 7 Nays - 0
36. Preliminary Order - 01 -932 - In the matter of the operation costs of the above standard street lighting
system for Kellogg Boulevard, West Seventh Street, and West Fifth Street from October 1, 2000, to
September 30, 2001, and setting date of public hearing for October 3, 2001. (File 4189060PA)
Adopted Yeas - 7 Nays - 0
37. Resolution Approving Assessment - 01 -933 - In the matter of the assessment of benefits, cost and
expenses for the operation of the above standard street lighting system for Kellogg Boulevard, West
Seventh Street, and West Fifth Street from October 1, 2000, to September 30, 2001, and setting date of
public hearing for October 3, 2001. (File 4189060PA)
Adopted Yeas - 7 Nays - 0
38. Resolution Approving Assessment - 01 -934 - In the matter of the assessment of benefits, costs and
expenses for the Knapp /Hillside Area Paving and Lighting Project and setting date of public hearing for
October 3, 2001. (File 418930)
Adopted Yeas - 7 Nays - 0
39. Resolution Approving Assessment - 01 -935 - In the matter of the assessment of benefits, cost and
expenses for installation of various streets in Ward 7 with bituminous roadway, construction of concrete
curb and gutter, driveway aprons and outwalks, boulevard sodding, tree planting, lantern style lighting
system, and all other work necessary to complete said improvement in conjunction with the
Fifth /Kennard RSVP Paving and Lighting Project, and setting date of public hearing for October 3,
2001. (File 418935)
Adopted Yeas - 7 Nays - 0
8. Communication from Mayor Coleman dated August 27, 2001, announcing his veto of Council
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Resolution 01 -823 adopted August 15, 2001, which granted the appeal of Shannon O'Keefe and
modified the Planning Commission's decision to allow Buffalo Sober House to operate at 97 North
Oxford Street.
Councilmember Blakey said the Council had a lot of discussion on this issue and he felt a good
compromise had been reached. He moved to override the veto.
Reconsidered Vetoed Item
Resolution - 01 -823 - Memorializing City Council action taken on June 27, 2001, granting the appeal of
Shannon O'Keefe and modifying the Planning Commission's decision to allow Buffalo Sober House to
operate at 97 North Oxford Street. (Adopted by the City Council on August 15, 2001, and vetoed by
Mayor Coleman on August 27, 2001)
Reconsidered, veto overridden and adopted Yeas - 5 Nays - 2 (Benanav, Reiter)
22.Resolution - 01 -918 - Amending the spending and financing plan of the Fifth /Kennard RSVP Project
by transferring funding from the 7th /Reaney Bumpout and the 1998 Major Sewer Repair Projects and
adding PED /HUD financing for the River Heights Project.
Councilmember Harris questioned where the $49,500 from PED /HUD Home Improvement actually
comes from and how is it being applied to an RSVP project.
Ed Warn. Department of Public Works, said the $49,500 is specifically for the sidewalks in the River
Heights Park which he thought was a PED project that was bid separately. The River Heights sidewalk
was successfully bid by Danner Construction Company. That is the cost of the sidewalk and Public
Works has incorporated that particular funding, along with the RSVP project, because Danner is also the
contractor for that RSVP project. They are trying to simplify accounting by doing this and are not co-
mingling funds.
Councilmember Lantry moved to lay over one week.
Laid over to September 12 Yeas - 6 Nays - 0 (Benanav not present for vote)
29. Resolution - 01 -925 - Approving Lease Agreement PW /13 providing 42,700 square feet of vacant
land near Ayd Mill Road and unimproved Ashland Avenue to the Snelling /Hamline Community Council
to be used for community garden plots.
Councilmember Harris noted that this is a 5 -year term for community garden plots. Hopefully, the
Snelling /Hamline Community Council will be given plenty of green space, Harris said, but he wanted to
be sure of the ability to terminate the agreement so Ayd Mill Road construction can move forward.
Peter White, Real Estate Division, explained that there is a central lease and one of the clauses allows
the City to terminate the lease for reason with 90 days notice.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
Reconsidered Item
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Councilmember Benanav moved to reconsider the following item and lay over for one week.
Final Order in Condemnation Proceedings - 01 -906 - In the matter of condemning and taking of
property rights as required for construction of Phalen Boulevard between Mississippi Street and Payne
Avenue. (File 418947 -A) (Adopted by the City Council on August 22, 200 1)
Public works was instructed by the Council to meet with the people involved to attempt to resolve this
issue in one week.
Reconsidered and laid over to September 12 Yeas - 7 Nays - 0
Suspension Items:
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 01 -947 - Directing the City Attorney's Office to agree and stipulate to the intervention of
intervenors regarding the public nuisance civil action against MBC Holding Company, Gopher State
Ethanol LLC and MG -CO Saint Paul LLC, Court File No. C5 -01 -5074.
Councilmember Coleman said this resolution involves a petition of a group of citizens who are seeking
to intervene in the lawsuit. The resolution is a formal representation that the City does not object to the
citizen's intervention in the lawsuit.
In response to a question raised by Councilmember Blakey, Clayton Robinson, City Attorney, explained
that when a party is allowed to intervene in a lawsuit, they have the same rights as any other parties to
litigation. If the Council agrees to waive the 30 days from the date of service of the complaint, or
petition for intervention on the City, after that 30 -day period, if there has been no objection by either the
City or any of the other parties, the Ethanol Plant, the Brewery, or the MG -0O2 plant, they then become
a party like all the other individuals.
Councilmember Blakey asked if the City is aware of the citizens' activities. Mr. Robinson responded
that they have not had any direct communication with them regarding what their on -going activities are.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution.
Resolution - 01 -948 - Approving non - exclusive conditions that must be agreed to by the defendants
before any settlement of the litigation will be approved by the City Council in the matter of the
complaint filed in Ramsey County District Court against Gopher State Ethanol LLC, MBC Holding
Company and MG -0O2 Saint Paul LLC.
Councilmember Coleman said this resolution is a codification of the discussion the Council held two
weeks ago and outlines the settlement terms or the broad outline of what the Council would like to see in
the settlement agreement if the lawsuit is resolved without a trial.
Adopted Yeas - 6 Nays - 1 (Reiter)
FOR DISCUSSION
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40. Update from the Saint Paul Libraries concerning safety issues and their internet policy. (Requested
by Council on June 6)
Doug Guthrie, Saint Paul Libraries, appeared. He said that technical difficulties have delayed
completion of the installation of the Internet timer control software so at this time they have no staff
experience with that. It is hoped that a pilot project will be up and running by mid to end October for
staff to have experience with it and to get their feedback at that point.
Councilmember Harris asked what the Internet timer does. Mr. Guthrie said it is software that will be
put on the public Internet work stations and customers will have to log in with a registered library card
validated against the patron data base. Customers will have to be registered in the St. Paul Public
Library data base. The timer control will give them a specific amount of time to be on the computer and
will be automatically logged off when their time is up.
41. Update from the Department of Public Works on the implementation of the newsrack ordinance.
(Requested by Council on August 1)
Tom Kuhfeld, Department of Public Works, Right -of -Way Division, appeared. He said that the
problems he noted at the August 1, 2001, City Council meeting with fulfilling some of the general
requirements in the ordinance such as providing lists and stickers on the newsracks identifying a phone
number to call, etc. are now being accomplished with the exception of a few that have not yet fully
complied. The next phase will be to continue to resolve individual complaints for specific locations.
Councilmember Coleman asked when they will start to remove the unlicensed or unaccounted for boxes
that are either not being maintained or used. Mr. Kuhfeld responded that if there is a box for a particular
publication and none of those boxes are being maintained, Public Works will go through a process to
remove them. By order of the ordinance, each one has to be tagged and the owner has to be given time
to appeal. If everything goes according to plan, they then will be removed. For specific instances of a
box not being maintained, they will be tagged individually and Public Works will work with the
industry.
Councilmember Harris noted that one of the boxes on Snelling and Jefferson Avenues which he brought
to the attention of Mr. Kuhfeld on August 1 is still out of compliance. He questioned if they were going
to be proactive when the complaints are received. Mr. Kuhfeld said if complaints are received, they will
be addressed but he does not intend to personally seek out those that might violate the ordinance.
Councilmember Harris asked if the industries that are damaging the poles to which the newsracks are
attached will be required to pay for the damage. Mr. Kuhfeld said no action has been taken thus far and
the Traffic Division which is responsible for the poles has not asked Mr. Kuhfeld to do so. He said it
was his understanding the reason the coated chains were required was so they would not rust the poles.
42. Update from the Office of License, Inspections and Environmental Protection on a work plan
addressing the recommendations in the Performance Audit. (A twelve -month update was requested by
Council on February 28, 2000) (Laid over from August 22)
Thomas Riddering, Deputy Director of the Office of License, Inspections and Environmental Protection
(LISP) appeared. As noted during the last status report, he said LISP took the audit seriously and
reviewed all the recommendations to determine where they could improve their operations. Other
recommendations were incorporated into their long -range plans and are being implemented in due
course and others were determined to be inappropriate. There have been a few changes since then ...
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they have completed their strategic planning process. The issue of the divided administration of the
Minnesota Plumbing Code, parts of which are administered by LISP, Public Works, and the Water
Utility, were deemed by the City Attorney's Office to be a legal delegation of responsibility. LIEP's
involvement in the Problem Properties Task Force resulted in a new ordinance which will allow fines to
be assessed to owners who do not finish a construction project within one year. That will go into effect
in April, 2002.
Mr. Riddering said they continue to develop Amanda and are in the process of deploying it on hand held
units. They are also working on Phase 11 of their on -line permitting process which will allow about 85%
of the permits to be issued over the Internet. They have a marketing plan to educate potential users. They
have developed a variety of reports to provide management feedback on operations and to measure their
performance and additional reports and analysis will be developed which will allow for identification of
particularly common violations, etc. This subject has been discussed with Council Research since the
last report and he has explained their plans.
LIEP leads the City in the development of their departmental web site. The continued development will
depend on adequate staff funding for that purpose. They are constantly striving to improve their
effectiveness, their efficiency, and their customer service, Riddering said.
43. Report from Council Research Center, in consultation with the Police Department and
Administration, regarding the development of a program to educate members of the community on the
provisions of the Racial Profiling Agreement. (Request per Council File 01 -684 adopted on July 11,
2001)
Gerry Strathman, Council Research Center and Assistant Chief Thomas Reding, Police Department,
presented reports.
Gerry Strathman stated that he was instructed by a Council resolution in early July to develop a proposal
for the Council's consideration that would educate the community regarding the terms of the agreement
that was reached between the Police Department, NCAA, and other groups regarding several issues such
as consent searches, relationships with community groups, and the Civilian Review Board. That
resolution instructed Council Research to prepare the proposal but also instructed them to consult with
the Administration and the Police Department.
Three meetings were held with those parties. In the first meeting they discussed the general nature of the
initiative. The Police Department Administration indicated in that meeting that they fully intended to
educate the community about this program. They also expressed reservations about the prospect of
community groups getting involved in this education effort for fear that they would communicate
messages that were not in the best interest of the City and perhaps in conflict with what the Police
Department Administration was seeking to communicate. They did indicate that while they were
intending to do this, they would be receptive to the idea of additional resources to help them.
This discussion was continued in the second meeting and Mr. Strathman said he recognized that the
Police Department was in a unique position to do the education because of their existing relationships
with a wide variety of partners in the City and also that the Administration's communications office had
the skill and knowledge to do this kind of work It was indicated, however, that there was a desire on the
part of some Councilmembers to supplement the Administration initiative with initiatives initiated by
groups who would focus their efforts on aspects of the community that might otherwise be missed by the
Police Department's and the Administration's general education effort.
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Again they raised concerns about the advisability of involving community groups in this education
effort.
At the close of the meeting, Mr. Strathman said he asked them if they would provide estimates as to
what additional funds the Administration might need in order to do an education effort beyond that
which they had already committed to do. At that time, he was told they would go back and consider his
request. At the third meeting they basically reiterated the positions described by Mr. Strathman and
indicated that it was the Administration's position that they needed no additional resources to conduct
this effort and were not seeking any additional funds for that purpose.
Between the second and third meeting, Mr. Strathman said he prepared a proposal in which he
recommended that a set of fund money be available in an amount undetermined, half of which would go
to the Administration and half of which would go to community groups. Upon hearing the
Administration's disinterest in receiving additional funds, he said he deleted that part of the
recommendation and prepared the current proposal which indicates that if this proposal were to be
adopted, an amount of funds would be available to community organizations for special education
efforts. He did not recommend any amount of funds as he does not have any basis for determining how
much money would be appropriate.
There are a couple of other considerations, Strathman said. The suggestion made in the proposal is that
if the City Council wishes to fund community groups for this type of effort, the best mechanism that
exists for doing that is through the COPP program.
In order to address the Police Department's concern that community organizations might receive funds
under this proposed program and then engage in activities that are contrary to the best interest of the
City, Strathman said he also proposed that after the COPP RFPs are received and the contractors are
selected, some of the money would be released to the contractors in order to develop plans but that no
funds would be released to contractors to implement those plans until their detailed plans had been
reviewed and approved by the City Council. That should preclude the possibility of any contractor
engaging in an activity contrary to the City's best interest.
If the Council makes a decision to go forward on this, it is unlikely that there will be a significant
educational activity on the part of either the Administration or any contractors until early in 2002
because a number of the terms in the agreement aren't scheduled to be implemented until 2002. Also,
while the current Administration is not interest in any additional funds being allocated for this initiative,
the new Administration which will take office in January might have a different view and if the Council
wanted to provide funds that might be available for this purpose, they could still be allocated.
Tom Riding, Assistant Chief of Police, who represented the Police Department at meetings with Council
Research said he feels it's important that the Police Department is not before the Council to suggest how
funds be allocated. They began the meetings and deliberations with a firm belief that the implementation
of the agreement was one of the most important tasks the Police Department faced and they have a
sincere desire to make the document more than a written document but rather a living document.
Beginning October 1 through November 19, 2001, they have scheduled in- service training for all of the
officers. The training will be provided by the City Attorney's Office and taught by the NAACP so the
officers understand the community perspective on the racial profiling issue. At the completion of the
training, the officers will be issued a business card that they will be using on all of their calls for service
as well as traffic stops and the consent search advisory will be implemented.
Plans are also in place to re -do the Police /Community Internal Affairs Review Commission brochure to
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explain how that procedure has been modified. As a result of the agreement, they are planning a "What
to do When Stopped by the Police" brochure. The agreement calls for three meetings in the community a
year. The first one is scheduled in September by the Civilian Review Commission. The Chief and the
partners in the agreement will have an annual summit meeting. They also intend to use the media for
every opportunity they can to inform the public of not only the terms but the spirit of the agreement.
The original resolution talked about educating the community on the terms of the agreement,
particularly the consent search advisory, and that was troublesome to the Police Department. They
believe that if the Police Department is not a partner to the message and if the City is not a partner to the
message, then the potential for mixed messages and duplication of services exists.
Chief Reding said the Police Department has relationships and partnerships established throughout the
community and they believe it is their responsibility to go forward and inform everyone of the terms and
spirit of the agreement.
Councilmember Blakey questioned where Chief Reding thought there would be an issue between the
communities that have forged this partnership with the City. He felt they could strike a balance that says
if there is money going to a community organization to help with the message and the message has to be
crafted with the Police and with the City Council, together the Police and the community would have the
same message.
Chief Reding responded that they have talked about that issue and throughout the conversations they
have said they need to move forward on this with their partners. They are doing the in- service training in
conjunction with their partners. There is a provision that they are currently using budgeted training
dollars to help the NAACP prepare and present their material.
Council President Bostrom requested that the Council receive a written copy of the outline of what the
Police Department is doing and the issue can be looked at again after reviewing that information.
Councilmember Blakey moved to lay over two weeks.
Laid over to September 19 Yeas - 7 Nays - 0
44. Resolution - 01 -837 - Seeking to maintain two -way traffic and parking on both sides of Scudder
Street between Blake Avenue and Gordon Avenue as part of the Knapp - Hillside RSVP Project. (Laid
over from August 15)
Councilmember Benanav moved to lay over one week.
Laid over to September 12 Yeas - 7 Nays - 0
45. Resolution - 01 -761 - Approving the petition of Katya Ricketts, East Side Neighborhood
Development Company, to vacate the alley abutting Jenks Avenue described as the east 20.00 feet of
Lot 4, Block 16, Arlington Hills Addition. (Laid over from August 22)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
(Benanav left the meeting)
46. Resolution - 01 -847 - Authorizing the Police Department to enter into an agreement with
Collaborative Movement for Improvement/New Beginnings Center for project coordination of Police
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Department issues at the Summit University Weed and Seed Site. (Laid over from August 22)
John Harrington, Senior Commander of the Police Department Western District, appeared.
Councilmember Blakey asked him what the Weed and Seed money will be used for. Commander
Harrington said there are some administrative expenses that are tied into the contract with Collaborative
Movement for Improvement/New Beginnings which will be taken off the top for handling the
accounting, liability, and employment issues surrounding the director of the program. The majority of
the money will be going back to the Police Department or to the Weed and Seed project itself for
weeding activities such as overtime for officers to do directive patrol, foot patrol, mounted officers in
the neighborhood, enhanced bike patrol, etc.
Councilmember Blakey asked Mr. Harrington if his department could not be the fiscal agent. Mr.
Harrington responded that his department has shied away from being the fiscal agent on Weed and Seed
projects. They have used other organization in the past and it seems to be a cleaner operation that way
since the Police Department will be getting operational funds. It has been their experience that having a
separate fiscal agent that works as a community representative has been a better process.
Councilmember Blakey expressed some concerns about the operations of this particular group and
questioned if there may be another fiscal agent that could be found within the neighborhood.
Commander Harrington responded that they are comfortable that the procedures of this organization
have been well documented and they have not had any problem with them in that regard.
Councilmember Lantry asked how CMI/New Beginnings was chosen. Commander Harrington said
Weed and Seed put out a request for fiscal agents or for people who would handle the administrative
process. The Weed and Seed Steering Committee, partially under the direction of the U.S. Attorney's
Office, helped make the decision.
Councilmember Blakey moved to lay over one week in order to allow him the opportunity to discuss the
issue further with Mr. Harrington.
Laid over to September 12 Yeas - 6 Nays - 0 (Benanav not present for vote)
47. Resolution - 01 -900 - Approving the petition of the Saint Paul Housing and Redevelopment
Authority to vacate the City's interest in an alley in the State Capitol area described as lying within the
plat of Hinken's Rearrangement (block bounded by Cedar Street, Charles Avenue, Como Avenue and
Capitol Heights Boulevard). (Laid over from August 22)
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
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.
(Benanav returned)
48.1 Adoption - 01 -799 - An ordinance amending the Saint Paul Legislative Code Chapter 376 to
eliminate the controls on the number of taxicab vehicle licenses, the fares taxicab companies may charge
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and establishing additional requirements for new vehicle taxicab licenses.
Councilmember Lantry asked how many taxicab licenses are "on the shelf' presently. Dave Lobejko,
Office of LISP, responded that they are all presently in use.
Councilmember Lantry questioned the fare restrictions and also said she has an issue with the language
that "the vehicle the applicant intends to license must be a maximum of five years old from the current
model year and any replacement vehicle must meet these same requirements."
Mr. Lobejko responded that the fare restrictions are eliminated in this ordinance which allows different
cab companies to charge different rates. With regard to the age requirement of the vehicles, Lobejko said
that requirement would prevent older vehicles from having to be reinspected repeatedly.
Councilmember Lantry also raised the issue that the Council has heard there are not adequate places for
cabs to park, especially at RiverCentre, and asked what they are going to do so people know where to
find taxis. Mr. Lobejko said LIEP staff met in early September of last year, right before the Xcel Center
opened, with people from the taxi industry, Public Works staff, and people from the RiverCentre
Authority to talk about cab stands. The meeting was not well attended but the people who were there
met with Public Works and a decision was made where to put the cab stands. Mr. Lobejko said he would
check with Public Works to see if they have followed up on that. He further said they will work with the
cab industry to insure that they have the cab stands they need.
Councilmember Lantry asked how they will measure whether removing the lid actually pleases anyone
and if the service is improved. Mr. Lobejko responded that he can judge based on the number of
complaints he receives from the Convention and Visitors Bureau and from the RiverCentre Authority.
He said the complaints have dropped in recent years.
A lengthy discussion ensued regarding cabs coming into St. Paul from outlying areas and taking away
local business as well as how monitoring will be done.
Councilmember Lantry said she would like to see how they will judge what the City had, what it has
now, and what it is getting to see whether or not any progress is being made. She suggested it be done in
consultation with drivers who have been doing the job for a long time. She asked that LIEP do this
within the next six weeks and return to the Council with a criteria that they can use to judge whether or
not increasing the taxicab number to 200 works.
Councilmember Benanav said he would also like information regarding Hennepin County Technical
College doing the driver training including the cost to the City, what it would involve, etc. Mr. Lobejko
responded that the college is already doing the training.
Councilmember Benanav further asked for information as to how the cabs are and will be inspected.
Councilmember Harris moved to lay over to November 14.
Laid over to November 14 for final adoption Yeas - 7 Nays - 0
49. Second Reading - 01 -864 - Amending Chapter 331A of the Saint Paul Legislative Code; properly
citing state law for Food Manager Certification.
Laid over to September 19 for third reading /public hearing
50. Second Reading - 01 -865 - An ordinance memorializing City Council action granting the application
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of the City of Saint Paul to rezone property from P -1 (parking district) to RT -2 (fourplex /townhouse
residential) to allow the historic Armstrong House to be moved to 235 Chestnut Street and restored as
housing. (Public hearing held July 11, 200 1)
Laid over to September 12 for 3rd reading
51. Second Reading - 01 -909 - An interim ordinance pursuant to Minnesota Statute 462.355,
Subdivision 4, preserving the status quo with respect to the use of property in the area located on Prior
Avenue, north of University Avenue, east of the railroad right -of -way, and south of Minnehaha Avenue
(a parcel presently occupied by the Knox Lumber Company) pending completion of the study and any
possible amendments to the City's Comprehensive Plan or Zoning Ordinance necessary to give effect to
the study.
Laid over to September 19 for third reading /public hearing
52. First Reading - 01 -936 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
altering the hearing requirements for revocation of a provisional taxicab driver's license.
Laid over to September 12 for second reading
Suspension Item
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 01 -949 - Authorizing and directing the proper City officials to enter into a purchase
agreement and complete the purchase of 1781 Minnehaha Avenue East from the North East
Neighborhood Development Corporation (NENDC).
Council President Bostrom explained that this property is at White Bear and Minnehaha Avenues and
will be demolished. Public Works' funds will be used for the demolition as part of the reconfiguration of
that intersection.
Councilmember Harris asked how much the demolition will cost. Mike Klassen, Department of Public
Works, said the amount stated in the resolution is $230,000 which includes buying the property, clearing
the property, and getting the project started.
Councilmember Lantry added that this is a project she and Mr. Bostrom have been working on for many
months. The property was originally purchased on the City's behalf by NENDC. The City asked them to
buy it with the intent that the City would buy it back once other funds became available and to demolish
it as part of widening White Bear Avenue.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
The meeting was recessed from 5:26 p.m. to 5:50 p.m.
Roll Call: Present - 4 Absent - 3 (Blakey - excused; Coleman & Harris - arrived after roll call)
(Councilmember Blakey was excused from the meeting for Items 53 through 64)
PUBLIC HEARINGS
53. Resolution - 01 -937 - Concerning request for stay of demolition at 1183 Arkwright Street during
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appeal.
Meghan Riley, Assistant City Attorney representing the Division of Code Enforcement, appeared. She
explained that this resolution came as a result of a resolution the Council passed ordering repair or
removal of the building at 1183 Arkwright Street. After the resolution was passed, the property owner
tried to appeal that decision to the Court of Appeals. That writ was issued by the court approximately
August 24. The rules of appellate procedure require that when a body such as the City Council issues
this type of decision and it is appealed, the body who issues the decision has to consider a stay pending
appeal. This was been done by the City Council in 1997 on a couple of properties. The Council must
look at reasonable conditions that are going to protect the City while this decision is being appealed. The
resolution outlines certain conditions that the Division of Code Enforcement views as important to
protect the City's interest while this decision is being looked at by the Court of Appeals. She noted that
the vacant building fees have been paid but the other conditions are still in place.
Council President Bostrom said he did not see anything pertaining to the length of time for conforming
to the conditions. Ms. Riley said there is no particular time when the conditions must be met.
Presumably the stay would be in place until the Court of Appeals issues their decision. In terms of the
conditions on the stay being met, that is something the City Council would have to decide. Council
President Bostrom said he feels a date certain should be specified to accomplish what needs to be done.
Ms. Riley said if the Council sets a time limit for the conditions to be met and they are not met, it could
be requested that the stay be removed. If that happens, the property owner would have the ability to go
before the Court of Appeals and seek a stay of the Council's decision if the Court of Appeals hasn't yet
reached its decision.
Eleni Skevas, Deputy City Attorney, reiterated that the Council has the ability to add time limits and if
they are not met, the Council can decided if they wish to lift the stay at that time and the demolition
could go forward. Ms. Skevas said her advice would be to add time limits on the conditions which
currently do not have any so there is something to show the court if necessary.
Councilmember Reiter proposed adding a time limit of 15 days.
Mr. Drouin, property owner, appeared. He said there were several mis- statements in the paperwork
which he explained. He said he did not feel the conditions were reasonable and there is no way he can
obtain an insurance policy in the amount listed in the resolution.
Councilmember Reiter moved approval as amended
Adopted as amended Yeas - 6 Nays - 0
54. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within
fifteen (15) days from adoption of resolution. (Laid over from July 25) (Legislative Hearing Officer
recommends approval)
Gerry Strathman, Legislative Hearing Officer, stated that this property is a commercial building
currently owned by Xcel Energy. The building was declared a nuisance by Code Enforcement
approximately six months ago. Three Legislative Hearings have been held on this matter. At the first
hearing, Xcel Energy said they intended to sell the building but that they were having difficulties with
the title and they asked for additional time. At the second hearing, Xcel said they were still having
trouble with the title but that they had a prospective buyer. At the third hearing, Xcel sent a letter saying
that they were near agreement on a sale but they needed additional time to clear the title problems. Mr.
Strathman said it was his judgment that the matter had been held in Legislative Hearings long enough
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and that the owners had been given ample time to deal with the issues. The building had been vacant for
several years prior to initiation of this proceeding. He said he recommended approval in order to bring
the matter to the City Council for a determination.
Councilmember Reiter said things recently started moving fast with regard to clearing the title, financing
for the building, and the ability to obtain funds to remodel it.
Councilmember Reiter moved to lay over 60 days.
Wally Nelson, owner of Renovation, Inc., appeared. He said his company rehabs numerous buildings in
the City, many of which are vacant and condemned. He has been in negotiations with Xcel Energy
beginning in February and they have had a Letter of Intent with NEAR (North End Area Revitalization)
for over a month. The title issue keeps coming up and Mr. Nelson said his attorney feels it's a non -issue
and he could buy it immediately with a quit claim deed. He said he has made a higher offer to Xcel than
NEAR has and he is not looking for any government assistance. If NEAR should get this building, he
said he feels it would be wrong for them to receive STAR money or any kind of public funds when a
private developer like him is willing to rehabilitate it with his own money.
Councilmember Reiter moved to close the public hearing and lay over to November 7.
Laid over to November 7 Yeas - 6 Nays - 0
55. Resolution - 01 -938 - Ordering the owner to remove or repair the building at 60 Rose Avenue East
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting six
months to complete the rehabilitation of the property)
Gerry Strathman, Legislative Hearing Officer, said a Legislative Hearing was held. This is a residential
building that has had two fires with the most recent one being an arson. The building is in a serious state
of damage with large parts of it being gutted. Despite the extent of the damage, it has been purchased
and the owner plans to rehabilitate the building. The owner has met all of the City's requirements,
posted the bond, paid the vacant building fee, had a code compliance inspection, and he indicated it is
his intention to rehabilitate the building as soon as the matter of the proposed demolition is taken care
of. He plans to have it largely completed in six months.
Testimony was received from a number of people in the neighborhood indicating that they feel the
proposal to rehabilitate this building is unwise, that it is beyond repair and that it would be in the best
interest of the neighborhood if it were demolished. A petition was presented by the neighbors with a
number of signatures. The owner submitted a smaller petition and said he could have got more
signatures if he had the time.
David Cobb, owner of property at 60 East Rose, appeared. He said he purchased the house in March of
this year. At the time of purchase, he secured a permit to start interior demolition of the fire damaged
portions of the home. That work was completed in late May and he expected to resume the rehab in July.
On July 2nd the house was broken into and set on fire. Since the fire, he said he has removed the
damaged roof and side porch and secured the side walls to prevent any wind damage to the home. He
also had the house sandblasted recently. He has secured a financial package to rehab the house, he has
had blueprints made up of the house and a structural engineer has looked at the prints and is currently
working on his recommendations as to the structural issues.
Photos were distributed by Mr. Cobb. Ms. Skevas advised the Council that the photos would be received
into evidence and should be numbered as "Exhibit 1 and Exhibit 2" as well as numbering photos that
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were previously referred to by Councilmember Coleman which became Exhibits 3 through 5.
Both Councilmembers Coleman and Harris expressed concern about the poor shape this house is in. Mr.
Cobb said the house will be up to City code in all aspects including structural and mechanical.
Jim Mueller appeared and said he was familiar with this property since 1960. He has rehabed homes and
has been in the construction business all his life. He did not see the sense of attempting to rehabilitate
this house.
Theresa Urbaniak appeared and said on February 9, five days after the first fire, she met the fee owner of
the property and president of Power Management, Inc., whose company specializes in property
management, leasing and brokerage. As this person was leaving the property, she verbally recommended
that the house be demolished saying it was unsafe, it would degrade the neighborhood, and it was not
financially feasible to reconstruct the house on top of a weak and faulting structure. She stated it was
one of the worst homes she had walked through.
Mike Swifka, 61 East Rose Avenue, spoke on behalf of himself and George Suuber who lives next door
to the property. He said it was an eyesore and they would like to see it removed.
Marie Wadell read a statement from her sister, Dorothy Suber, 62 East Rose Avenue, who requested the
home be removed as it is felt the home is dangerous and cannot be rebuilt in a safe and timely manner.
Councilmember Reiter expressed surprise that this house was not removed immediately by the City as
an emergency order because of its condition.
Councilmember Reiter moved approval of the resolution.
Adopted (remove or repair within five (5) days) Yeas - 6 Nays - 0
56. Resolution - 01 -939 - Ordering the owner to remove or repair the building at 63 Atwater Street
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held on this
matter. No one appeared on behalf of the property and he recommended approval of the order.
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted (remove or repair within five (5) days) Yeas - 6 Nays - 0
57. Resolution - 01 -940 - Considering the application for a sound level variance by McGough
Construction to allow excessive construction noise being caused by concrete trucks and concrete pumps
at 236 Smith Avenue North on seven dates beginning on September 1, 2001, and ending approximately
on December 31, 2001, (tentative dates are September 4, 12, 25, October 4, 16, 30 and November 20,
2001) from 3:00 a.m. through 3:00 p.m.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
58. Final Order - 01 -941 - In the matter of the operation and maintenance costs for the Arcade /Case and
the Grand /Snelling parking lots for 2002. (File 418744, 18746)
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No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
59. Final Order - 01 -942 - In the matter of the Seventh Place Mall Operation and Maintenance Cost for
2001. (File 418428 -2001)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
60. Resolution Ratifying Assessment - 01 -943 - In the matter of the Seventh Place Mall Operation and
Maintenance Costs for 2000. (File 418428 -2000)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
61. Resolution Ratifying Assessment - 01 -944 - In the matter of the assessment of benefits, cost and
expenses for the Arcade /Case and the Grand /Snelling parking lots operation and maintenance costs for
2002. (File 418744, 18746)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
62. Resolution Ratifying Assessment - 01 -945 - In the matter of the assessment of benefits, cost and
expenses for removal of dangerous and /or diseased tree(s) from private property for the year 2000
(0001 T).
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
63. Resolution Ratifying Assessment - 01 -946 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) of property located at 327 Winifred Street East.
(JO 104AAA) (On August 1 the Council referred to Legislative Hearing) (Legislative Hearing Officer
recommends approval of the assessment)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
64. Public hearing to consider the appeal of Window Lite Home Improvements, Inc. to a decision of the
Heritage Preservation Commission denying a building permit to replace wood windows with vinyl
windows at 728 Euclid Street.
Amy Spong, staff person to the Heritage Preservation Commission, presented a report. There were two
building permits applied for within a short period of time. One for installation of vinyl windows and the
second for vinyl siding. They both had two different applicants. This appeal is for the windows only.
The guidelines for windows for historic districts state that original materials should be preserved and
repaired and in the event replacement is warranted, the new units should match the originals as closely
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as possible. The guidelines for vinyl siding state that those reviews are made on a case -by -case basis.
The final decision of the Commission was to deny the building permit for the vinyl windows but they
approved the building permit for the vinyl siding. She pointed out two major differences with regard to
both building permits. The vinyl siding permit was conditionally approved for two reason. Vinyl siding
is installed over the original wood siding so technically the original wood siding is still in tact and could
be restored at some time. The other issue with the vinyl siding was that it was an insurance claim. The
aluminum siding had hail damage and the insurance company was offering to replace like materials for
like materials.
Ms. Spong responded to the applicant's appeal letter stating that the design review guidelines that have
been established for the district do not expect an owner to sacrifice energy efficiency for historic
preservation. There are window replacement units that are appropriate replacement units and that also
provide energy efficiency and comfort for the applicant. She also noted that the applicant did not have
an approved building permit, however, the windows have been ordered.
Jim Lamoureaux, owner of Window Lite Home Improvements and a licensed contractor, appeared. He
said his company has done a lot of historical restorations in the Twin Cities. The home at 728 Euclid
Street was built in 1912 and in their original permit application on January 3, 2001, information was
supplied and responded to by the HPC. Window Lite is in full agreement with the concept of retaining
historic appearance. Mr. Lamoureaux displayed pictures of the home and explained what they would do
with the restoration.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Lantry moved to deny the appeal and adopt the Heritage Preservation Commission's
July 26, 2001, decision to deny the building permit and to adopt the findings in the staff
recommendation.
Motion Failed Yeas - 3 Nays - 3 (Bostrom, Harris, Reiter)
Councilmember Lantry requested that the City Council's Policy Session topic on October 17, 2001, be a
report from the Downtown Traffic Transit and Parking Task Force on their findings regarding
downtown traffic, etc.; also information be provided regarding the Cleveland Circle.
Councilmember Coleman moved to adjourn the meeting; Yeas - 6 Nays - 0
ADJOURNED AT 6:55 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson October 3, 2001
Assistant Council Secretary
nice
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