Approved Minutes 11-19-2003Page 1 of 10
SUMMARY MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, November 19, 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
• Suspension Items
• Public Hearings
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Helgen, Lantry
Absent - 1 - Harris (excused)
CONSENT AGENDA (Items I -15)
Councilmember Benanav requested Item 3, Administrative Order D002343 be removed for discussion.
Councilmember Lantry requested Item 5 be removed for discussion and lay over to December 3.
Council President Bostrom requested Item 14 be read into the record.
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 6 Nays 0
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
1. Claims of Roger Kramer, Rick Kuhn, Lan Ngo, Traci Jordan - Nwogwugwu, State Farm Insurance (for
Tamera Rubin), Jeremey Swanson, and Xcel Energy (two claims).
Referred to the Risk Management Division
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2. Letter from the Office of the City Attorney announcing a public hearing before an Administrative
Law Judge on November 20, 2003 at 10:00 a.m., Room 42, St. Paul City Hall -Court House, concerning
the Currency Exchange License Renewal Application of New Money Express, Inc., 785 7th Street East.
3. Administrative Orders:
D002342 Authorizing the proper City officials in the Division of Parks and Recreation to execute all
lease agreements that mature in 2004, and are one year or less in duration, pursuant to Chapter 86.03 of
the Administrative Code.
D002343 (Discussed after the Consent Agenda)
Noted as on file in the City Clerk's Office
FOR ACTION
4. Approval of minutes of October 15, 2003.
Adopted Yeas - 6 Nays - 0
5. (Discussed after the Consent Agenda)
6. Resolution - 03 -1017 - Authorizing the Department of Fire and Safety Services to accept a grant in
the amount of $148,481 from the State of Minnesota for the 2003 Federal Homeland Security
Equipment /Exercise grant to enhance the City of Saint Paul's ability to respond to weapons of mass
destruction incidents.
Adopted Yeas - 6 Nays - 0
7. Resolution - 03 -1018 - Canceling the assessment for Lead Water Service Replacement, C.F. 03 -958
adopted on October 22, 2003, for 414 Minnehaha Avenue East.
Adopted Yeas - 6 Nays - 0
8. Resolution - 03 -1019 - Authorizing the Port Authority to issue Business Development Program
Bonds.
Adopted Yeas - 6 Nays - 0
9. Resolution - 03 -1020 - Approving the application with conditions, per the Legislative Hearing
Officer, for a Second Hand Dealer -Motor Vehicle License by David Mwaura and Anthony G. Wanjiku,
owners, A/D Autodealers, Inc, 131 Ivy Avenue West.
Adopted Yeas - 6 Nays - 0
10. Resolution - 03 -1021 - Suspending the Massage Practitioner's License held by Mary Ellen
Schmidley immediately until the required information has been submitted to the Office of License,
Inspections and Environmental Protection.
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -1022 - Concerning adverse action against the Massage Practitioner's License
application of Karri A. Abbott at 60 Plato Boulevard, Suite 110.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -1023 - Establishing a financing and spending plan for $17,500 to be received from
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Twin Cities Marathon, Inc. for services provided in conjunction with the marathon.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -1024 - Reallocating the remaining balance from the Phalen Recreation Center and
Site Work project to the Western Park Site Improvement project and CIB contingency.
Adopted Yeas - 6 Nays - 0
14. (Discussed after the Consent Agenda)
15. Preliminary Order - 03 -1026 - In the matter of the installation and operating costs for the above
standard, twin lantern lighting system on West 7th Street from Munster Avenue to Madison Avenue, and
setting date of public hearing for December 17, 2003. (File Nos. 18999 and 19000) Adopted Yeas - 6
Nays - 0
Suspension Item
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -1036 - Naming Sunday, November 16, 2003, Ruth Elizabeth Pazdernik Day and
wishing her a happy 100 birthday.
Council President Bostrom presented a resolution honoring Ruth Elizabeth Pazdernik on her 100
birthday and naming Sunday, November 16, 2003 as Ruth Elizabeth Pazdernik Day.
Adopted Yeas - 6 Nays - 0
3. D002343 Authorizing funds for three non -city employees to attend the Value -Based Initiative
Conference that will be held December 2 -4, 2003, in Kansas City, Missouri.
Councilmember Benanav was concerned that a grant was being made available for non -city employees.
He believed city employees should be attending this conference.
5. Resolution - 03 -1016 - Approving the May 1, 2003 through April 30, 2006 Collective Bargaining
Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers,
Local 110. (To be laid over one week for adoption)
Councilmember Lantry raised concerns that the new contract would eliminate coverage under Civil
Service Rules. She understood this was a negotiable item, however, she had concerns that city inspectors
would be taken out of the protection of Civil Service. She also believed this would set a precedent for
other negotiated union contracts.
Councilmember Lantry moved to lay over two weeks.
Laid over to December 3
Yeas - 6 Nays -0
14. Resolution - 03 -1025 - Authorizing the proper city officials to accept and set up a financing and
spending plan for donations totaling $75,850 from Capital City Partnership, the Saint Paul Hotel, the
Saint Paul Port Authority, Saint Paul Companies, Minnesota Life, 3M, Ecolab, Xcel Energy, Frauenshuh
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Companies, Wells Fargo, Lawson Software, the Saint Paul Convention and Visitor's Bureau, the
Ordway Center for the Performing Arts, and J.J. Hill Library for installation of seasonal lights.
Council President Bostrom wished to recognize the businesses who made contributions to the
installation of seasonal lighting.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
16. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise. (Laid over from
October 8)
Holly Hansen, Office of Cable Communication, appeared and stated that city staff is working with
Comcast in an attempt to resolve this issue. She requested a lay over to December 3.
Councilmember Lantry moved to lay over to December 3.
Laid over to December 3
Yeas - 6 Nays -0
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
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
17. First Reading - 03 -1027 - An ordinance amending Chapter 43 of the Saint Paul Legislative Code by
raising the vacant building fee from $200.00 per year to $250.00 per year to reflect an increase in the
cost of enforcement.
Laid over to November 26 for second reading
18. First Reading - 03 -1028 - An ordinance amending Chapters 60 through 69 of the Saint Paul
Legislative Code pertaining to zoning code reformatting and streamlining, adding Traditional
Neighborhood zoning districts, and related amendments.
Laid over to November 26 for second reading
19. First Reading - 03 -1029 - An ordinance amending Chapter 64 of the Saint Paul Legislative Code
pertaining to the administration of the zoning code and setting fees to defray the costs of reviewing,
investigating and administering services, materials, and work performed and furnished to persons
making zoning applications to the City.
Laid over to November 26 for second reading
Suspension Item
Councilmember Benanav moved suspension of the rules and approval of the following resolution:
Resolution - 03 -1037 - Supporting KSTP -AM Radio's role in fighting racism and sustaining strong
communities.
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Councilmember Benanav stated this concerned comments that were made on KSTP Radio that were
insensitive and inappropriate in nature. It was his request to have KSTP acknowledge the value of civil
public dialogue and recognize their roll in fighting racism to sustain strong communities in Minnesota.
Councilmember Coleman stated he did not believe the comments that were made had any racial intent
and that this had more to do with a political battle rather than a constructive dialogue to try to resolve
some of the underlying racial issues. He said he did not feel this would not resolve the issue of racism.
Councilmember Blakey stated he listened to the playback of the show and found it to be offensive and
insensitive to others.
Council President Bostrom stated he believed all this accomplished was improved ratings of the radio
show.
Adopted Yeas - 4 Nays - 2 (Bostrom, Coleman)
(Blakey was excused from the meeting at this time)
The meeting was recessed from 4:00 p.m. to 5:30 p.m.
Roll call: 4 - Present 3 - Absent (Blakey [excused], Coleman, Harris - arrived after roll call)
PUBLIC HEARINGS
20. Third Reading - 03 -963 - An interim ordinance enacted pursuant to Minn. Stat. §462.355, Subd. 4
preserving the status quo with respect to the use of property within the City of Saint Paul pending the
completion of studies of possible amendments to the Saint Paul Legislative Code relating to the repair or
maintenance of non - conforming advertising signs.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
A substitute ordinance was introduced and laid over to November 26 for final adoption.
Yeas - 4 Nays - 0 (Coleman not present)
21. Third Reading - 03 -992 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
pertaining to the rules and regulations of the Board of Water Commissioners.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 4
Nays - 0 (Coleman not present)
Laid over to November 26 for final adoption.
22. Third Reading - 03 -993 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Trout Brook/Lower Phalen Creek
Greenway zoning maps.
Larry Soderholm, Department of Planning and Economic Development, appeared and presented a staff
report. The zoning recommendations were consistent with the Small Area Plan which had been
previously adopted. The city purchased part of the Trillium site which is to become park land and for the
Bruce Vento Nature Sanctuary. This rezoned the property to single - family home which is typically what
is zoned for park land. The Planning Commission recommended approval.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing. Yeas - 4
Nays - 0 (Coleman not present)
Laid over to November 26 for final adoption.
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23. Third Reading - 03 -994 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code to
comply with changes to the state law regarding charitable gambling.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 4
Nays - 0 (Coleman not present)
Laid over to November 26 for final adoption.
24. Third Reading - 03 -995 - An ordinance amending Chapter 409.21 of the Saint Paul Legislative Code
to comply with changes to the state law regarding charitable gambling.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 4
Nays - 0 (Coleman not present)
Laid over to November 26 for final adoption.
25. Third Reading - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative
Code to establish requirements for student dwellings including Certificate of Occupancy inspections and
the installation of hard wired smoke detectors.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing. Yeas - 4
Nays - 0 (Coleman not present)
Laid over to November 26 for final adoption.
26. Resolution - 03 -1030 - Approving the application of Shannon Pierce, representing the Saint Paul
Festival and Heritage Foundation, 75 West Fifth Street, 429 Landmark Center, for a sound level
variance from December 1, 2003 to January 20, 2004, from 9:00 a.m. to 11:00 p.m., to allow ice
harvesting on Lake Phalen, 1400 Phalen Park Drive.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing.
Councilmember Lantry questioned the dates listed on the resolution. Council President Bostrom
recommended changing the date on line 24 from December 20 to December 1. Councilmember Lantry
moved approval as amended.
Adopted as amended Yeas - 4 Nays - 0 (Coleman not present)
27. Resolution - 03 -1031 - Approving the application of Shannon Pierce, representing the Saint Paul
Festival and Heritage Foundation, 75 West Fifth Street, 429 Landmark Center, for a sound level
variance for music for the Ice Palace in conjunction with the Winter Carnival from January 22, 2004, to
February 8, 2004, from 10:00 a.m. to 12:00 midnight, at Cleveland Circle, 155 Seventh Street West.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 4 Nays - 0 (Coleman not present)
28. Resolution - 03 -1032 - Approving the petition of Scott and Jennifer Ebel to vacate part of the alley at
125 Hyacinth Avenue West to facilitate construction of a retaining wall.
Peter White, Real Estate Division, stated they received a petition to vacate a part of a T alley in the
block bounded by Rice, Park, Hyacinth and Ivy. He showed the area on the map and said the petitioners
intend to put in a retaining wall. Staff recommended approval.
(Coleman arrived)
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No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
29. Resolution - 03 -1033 - Approving the petition of John Radabaugh, Joe's Bait Shop, to vacate part of
Blocks 1 and 4, Butterfield Syndicate No. 2, part of an adjacent alley and part of vacated Stinson Street,
for parking space.
Peter White, Real Estate Division, said this area was by the Public Works shops and garages off of Dale
Street near Front. Joe's Bait Shop had occupied the building and used the property for parking for
customers. It is surplus city property and he recommended approval of the resolution. Uniforms
Unlimited now occupies the building and will continue to use the area for parking.
No one appeared in opposition; Councilmember Helgen moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
30. Resolution Ratifying Assessment - 03 -1034 - In the matter of the assessment of benefits, cost and
expenses for property clean -up, during the month of June, 2003, demolition of vacant building during
the month of July, 2003 and towing of abandoned vehicles from private property during November and
December, 2002. (Laid over from October 22) (Legislative Hearing Officer recommends the following:
805 Agate Street (J0305A1) - approval of the assessment;
543 Maryland Avenue East (J0305A1) - approval of the assessment;
486 Carroll Avenue (J0303C1) - spreading the assessment over a five -year period;
408 Banfil Street (J0302V1) - approval of the assessment)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adoption
as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays -0
31. Resolution Ratifying Assessment - 03 -1035 - In the matter of the assessment of benefits, cost and
expenses for Summary Abatements ( property clean -up) during the month of July, 2003, for property at
686 Sims Avenue (J0306A2) (Laid over from October 22) (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adoption
as amended.
Adopted Yeas - 5 Nays - 0
32. Appeal of Kelly Brisson to a Notice of Condemnation and Order to Vacate property at 297 Burgess
Street. (Legislative Hearing Officer recommends denying the appeal)
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Marcia Moermond, Legislative Hearing Officer, appeared and stated this was the third condemnation the
Council had heard on this property over the past several months. The first condemnation was modified
by the Council lifting the condemnation for unit one as it had been a gross unsanitary and had been
cleaned up by the time of the hearing. The second condemnation, which was a carryover from the first,
had to do with roof, electrical, and windows. Permits had been pulled for this work, however, at the time
of the second hearing, the permits had not been closed. She had consulted LISP inspectors who
indicated that 95 percent of the work had been completed. The Council determined that the
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condemnation would be lifted provided all of the work be completed within one week. The
condemnation on appeal today resulted from Sheriff's deputies summoning housing inspectors to the
property and inspectors condemned based on the conditions they observed. There was disagreement
between the property owner and the inspector on how the conditions were caused. She noted that she
recommended the appeal be denied not only because of the current conditions at the property but also
the only permit which had been closed was for windows. The remainder of the work was still
incomplete.
John Shoemaker, 3601 Minnesota Drive, Edina, appeared and stated he was the attorney representing
the property owner, Kelly Brisson. He had been retained that afternoon by Mr. Brisson and had not had
the opportunity to review all of the files. It was his understanding that this property was a duplex with a
tenant living on the main level. In July, there was a condemnation notice issued and a revised
condemnation in August. The property was ordered to be vacated in July which resulted in the tenant,
who was disabled, being homeless and Mr. Brisson was forced to sleep in his vehicle while trying to fix
the property. Mr. Brisson received a letter on September 22 indicating that the property had been
inspected, that all of the conditions had been met and the property could now be reoccupied. On October
9 there was a no -knock raid and Mr. Brisson was arrested for two outstanding misdemeanor housing
citations that had occurred in June and July. No contraband was found, however, he was detained in jail
for a day and a half. The damage that was caused by this raid, by the Ramsey County Sheriff and St.
Paul Police Department, is reflected in the October 14 condemnation notice. Mr. Brisson did not have a
lot of money, however, had worked diligently to bring the property up to code when this raid occurred.
He believed the condemnation was improper as it related to the lower unit. The damage that occurred
was only to the upper unit and the condemnation notice was for the entire building. He believed the city
needed to examine fair housing violations as well as the American Disabilities Act as it related to the
tenant in the lower unit. If the condemnation was approved, this tenant will again be left homeless. He
believed the condemnation was baseless since the government had caused the damage to the upper unit.
Councilmember Lantry moved to close the public hearing. Yeas - 5 Nays - 0
Council President Bostrom reviewed the list of violations and questioned how law enforcement could be
responsible for the list of deficiencies caused by a raid as contended by Mr. Shoemaker. Ms. Moermond
responded the inspector arrived after the raid had occurred. She pointed out there were still outstanding
orders on the electrical which had not been signed off. The tenant had filed a tenant's remedies act and
the owner would have to pay for living accommodations for the tenant if the unit remained condemned.
The lower unit, however, was not part of condemnation order.
Councilmember Helgen moved to deny the appeal.
Appeal denied Yeas - 5 Nays - 0
33. Appeal of Albert Gustafson to a Notice of Condemnation and Order to vacate property at 291
Ravoux Street 46. (Legislative Hearing Officer recommends granting the appeal and allowing the
occupant to remain at the property)
Laid over to December 3 (per the recommendation of the Legislative Hearing Officer)Yeas - 5Nays - 0
34. Public hearing to consider the application of Craig and Tracy Mulholland to rezone property at 615
St. Anthony Avenue from B -2 (community business) to B -3 (general business) to conduct outdoor sales
of produce, sporting equipment, designer clothes, fireworks and food concessions. (Laid over from
October 22)
Al Lovejoy, Department of Planning and Economic Development, appeared and said the applicant had
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requested this matter be laid over to allow additional time to consult with the District 8 Planning
Council. The applicants had not met with the district council which recommended denial.
No one appeared; Councilmember Lantry moved to close the public hearing and deny the application.
Motion of Intent - Application denied Yeas - 5 Nays - 0
35. Public hearing to consider the application of Jason's Dry Ice for a subdivision by lot split to create
two industrial parcels with a variance of the requirement to plat previously unplatted land at the
northwest corner of Charles Avenue and Transfer Road.
Patricia James, Department of Planning and Economic Development, appeared and stated that the
property had not been platted and the zoning code required platting of untitled land. They were
requesting a variance of the application so they could proceed with a lot split. Staff recommended
approval of the variance and subdivision.
No one appeared in opposition; Councilmember Lantry moved to close the public and grant the
application.
Motion of Intent - Application granted Yeas - 5 Nays - 0
36. Public hearing to consider the appeal of Saint Paul Development Corporation to a decision of the
Planning Commission upholding the Zoning Administrator's denial of a site plan to reorganize the
layout of an existing parking lot and create an access from the parking lot to an adjacent alley at 452
Selby Avenue.
Tom Beach, Office of License Inspections and Environmental Protection (LISP), appeared and
presented correspondence he had received from affected property owners who objected to the site plan.
He showed a visual map of the area involved. The parking lot was adjacent to the lot that served Blair
Arcade and the St. Paul Curling Club. There was no access from this parking lot to Selby Avenue. When
the site plan for this property was originally approved in 1987, the owner was supposed to obtain an
easement allowing patrons to drive across the property to Selby Avenue. The current owner submitted a
site plan which would create a separate parking lot that would have access to the alley but would not
allow access across all the parking lots. The owner of Blair Arcade indicated that he would allow an
easement across the parking lot if the appellant would grant an easement as well. Staff, the Zoning
Committee and Planning Commission voted to deny the site plan allowing alley access as it would be
unsafe and there were other alternatives to accessing the parking lot.
Steven Harris, 200 South 6 th Street, Minneapolis, appeared and stated he was the attorney representing
Saint Paul Development Corporation. There were significant legal problems and the practical solution
would be to allow a curb cut for a separate parking lot. The curb was installed in the alley in 1987 which
cut off access to the parking lot area. He contended that property owners had the right of access to their
property and this owner had no legal right of access to his property behind his building. The HRA had
the obligation to sign off on the easement to the parking lot several times, however, failed to do so. He
recited the definition of `alley.'
Councilmember Coleman questioned whether access to this property had been allowed since 1987
through lots one and two. Mr. Harris stated this was correct, however, this was a trespass. Coleman
stated that when the property was purchased, a title search would have indicated that this was a
condition on the property. He believed it was not
the city's responsibility. Mr. Harris stated this became an issue when Saint Paul Development's tenant,
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La Grolla Restaurant, made an application for a liquor license which was objected by Bellaire, an
adjacent property owner, who stated that they did not have access to the property. There had never been
a formal offer for an easement to the parking lot from Bellaire.
Mike Orme, 3140 Neil Armstrong Blvd, Eagan, appeared and stated that he was the attorney
representing the St. Paul Curling Club. The position of the Curling Club was to allow cross access
easement. It was his understanding that all adjoining businesses were in agreement to this arrangement
except Saint Paul Development Corporation. He believed this was the best option for all of the
businesses.
Councilmember Coleman moved to close the public hearing and denial of the appeal.
Motion of Intent - Appeal denied Yeas - 5 Nays - 0
Councilmember Lantry moved to adjourn the meeting.
ADJOURNED AT 6:35 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson December 17, 2003
Assistant Council Secretary
Submitted by: Vicki Sheffer
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