►
Description
Additional information at
https://lims.minneapolismn.gov
B
C
B
Thank
you
to
the
clerk.
It
looks
like
I'm
having
a
technology
problem
on
my
end,
but
I'm
going
to
try
to
work
through
it
quickly.
While
we
move
on
today's
agenda
is
before
us
I'll
begin
with
the
consent
agenda,
which
includes
items
three
through
ten
on
the
agenda
item
three
is
the
liquor
license
renewals
for
october
26th
and
item
number
four?
Is
the
commercial
property
development
fund
loan
for
lv
properties
at
3613
lake
street
item?
Five?
Is
a
small
business
lending
reappropriation
item
number?
Six?
B
Is
a
rental
dwelling
license
with
conditions
at
3215,
21st
avenue?
South
item
number?
Seven
is
a
land
conveyance
and
the
development
terms
with
united
properties,
the
park
and
recreation
board
excel
for
the
city-owned
properties
located
at
the
upper
harbor
terminal
item.
Eight
is
setting
a
public
hearing
for
november
9th
with
regard
to
special
legislation
for
our
tax
increment
spending
plan
item
9
is
setting
a
public
hearing
for
the
9th
for
3rd
party
delivery
services.
Item
number
10
is
appointment
of
the
director
of
regulatory
services.
We're
setting
that
public
hearing
also
for
november
10th
9th.
B
B
B
C
B
Five
eyes
those
items
are
approved
with
that
we'll
move
to
the
public
hearing
agenda.
I'm
going
to
ask
councilmember
schroeder
to
chair
this
first
item,
because
my
computer
has
no
power
and
it's
about
to
go
dark.
So
if
he
could
turn
around
and
share
that,
while
I
try
to
figure
out
my
technical
difficulties,
that
would
be
great.
Thank
you.
D
Thank
you,
chair,
goodman
and
I'll
find
his
cherished
writer
all.
Thank
you
very
much.
I
was
just
about
to
ask
for
the
presentation,
so
I'm
enrique
velazquez
manager
of
licenses
and
consumer
services
presenting
an
ordinance
amendment
relating
to
title
15,
offenses,
miscellaneous,
amending
to
add
chapter
404,
catalytic
convergers
next
slide.
D
D
The
catalytic
converters
contain
two
honeycomb
shaped
chambers,
the
reduction,
catalyst
and
oxidation
catalyst.
The
reduction
catalyst
contains
platinum
and
palladium,
which
work
together
to
reduce
the
presence
of
nitrogen
oxide
from
post-combustion
emissions.
The
oxidation
catalyst
contains
platinum,
road,
platinum
and
rhodium,
which
work
together
to
eliminate
carbon
dioxide
and
any
unburned
hydrocarbons
before
exhaust
progresses
through
the
remainder
of
the
tailpipe
emission
system
and
releases
into
the
atmosphere
so
put
simply
as
a
car
runs.
The
catalytic
converter
turns
pollutants
into
less
harmful
substances
before
they
exit
through
the
exhaust
pipe.
D
D
In
minneapolis,
we've
witnessed
a
10
percent
increase,
10
percent
rise
in
catalytic
converter,
thefts
year
over
year,
with
1157
thefts
reported
through
september
27th,
compared
to
1045
through
the
same
period
in
2020,
while
vehicles
are
still
able
to
operate
without
the
presence
of
catalytic
converter,
harmful
pollutants
will
enter
the
atmosphere
affecting
the
air
quality
that
we
breathe
in,
while
going
about
daily
living.
Catalytic
converter
thefts
do
not
emerge
in
a
vacuum.
D
Catalytic
converters
are
not
marked
similar
to
other
major
motor
components
that
makes
them
less
traceable
than
any
of
the
other
items.
There's
an
active
scrap
metal
market
for
detached
catalytic
converters,
which
makes
them
attractive
buyers,
are
willing
to
purchase
detached
catalytic
converters,
whether
as
single
units
or
in
bulk,
with
at
least
previously,
with
limited
scrutiny.
D
D
This
slide
while
illustrative.
What
this
slide
really
highlights
is
the
increasing
demand
for
the
platinum
metals
group
of
products.
So
you
can
see
the
platinum
currently
trades
at
over
a
thousand
dollars
per
ounce,
palladium
trading
at
double
that
2022
per
ounce
rhodium
trading
at
over
fourteen
thousand
dollars
per
ounce.
So
you
can
see
just
kind
of
the
the
timeline.
D
D
Additionally,
oem
manufacturers
and
aftermarket
catalytic
converter
manufacturers
create
even
greater
demand
amid
rising
manufacturing
needs
to
meet
the
current
vehicle
market
demand
for
these
pgms
and
replacement.
Catalytic
converters
has
created
kind
of
this
cyclical
growth
and
scarcity
stemming
from
the
rising
converter
theft.
So
it's
kind
of
creating
this
duality
next
slide.
D
D
After
the
mining
process
oops,
if
you
can
go
back
one
slide,
thank
you
so
other
than
mining
for
new
pgms.
Those
involved
in
the
manufacturing
process
obtain
dgm's
through
recycling
and
reclamation
efforts
of
the
used
catalytic
converters.
Recycling
pgms
is
estimated
to
be
significantly
less
expensive
than
mining
for
new
metals.
D
As
a
result,
there's
a
continuous
demand
in
market
for
recycling.
Catalytic
converters,
these
recycled
catalytic
converters
and
the
pgms
they
contain
are
returned
upstream
and
eventually
flow
back
into
this
manufacturing
process.
So
that
there's
just
this
constant
demand
in
reprocessing
loop
without
the
need
to
constantly
mine
for
more
when
there's
a
limited,
limited
supply
when
catalytic
converters
are
stolen
from
vehicles
that
catalytic
converter
may
be
reintroduced
into
the
supply
chain
at
the
recycler,
the
processor
or
at
the
smelter
entry
points,
with
limited
detection,
disrupting
the
natural
order
of
the
life
cycle.
D
What
this
translates
to
is
property
owners
are
left
to
shoulder
the
burden
for
ongoing
vigilance,
prevention
and
the
cost
to
become
a
whole
again
after
they've
been
made
victims
of
the
crime.
Some
of
the
methods
include,
as
we
can
see
here,
marking
catalytic
converters
with
the
serial
numbers,
so
we
can
see
an
image
there
of
an
engraved
serial
number
or
vehicle
identification
number
a
safe
label
solution
where
you
can
apply
a
number,
and
it
contains
an
anti-deterrent
or
anti-theft
mechanism
that
self-destroys
itself,
while
preserving
the
number
on
the
catalytic
converter.
D
All
it
takes
is
about
30
seconds
of
work,
in
some
crude
hand,
tools
to
carve
out
the
catalytic
converters
from
underneath
the
vehicle
using
state
farms
auto
claim
data
more
than
33.7
million
dollars
in
claims
were
paid
out
nationwide
between
july
2020
and
july
2021
for
repair
and
replacements.
Due
to
catalytic
converter,
that's
compared
to
slightly
less
than
nine
million
dollars
over
the
same
time
frame
in
the
previous
the
previous
year.
D
So
what
the
proposed
ordnance
amendment
intends
to
do
with
the
addition
of
chapter
four
or
four
is
to
establish
a
criminal
offense
for
any
persons
or
businesses
that
either
a
sell,
a
use,
catalytic
converter,
that's
not
attached
to
a
vehicle
or
be
purchased
a
used.
Catalytic
converter,
that's
not
attached
to
a
vehicle.
D
D
In
response
to
the
public
hearing
announcement,
we've
received
three
responses
from
the
public
three
responses
from
the
public
hearing
announcement,
one
from
a
private
residence
in
full
support
of
the
ordinance
one
from
a
licensed
salvage
yard.
That's
opposed
to
the
measure,
citing
that
the
amendment
will
not
stop
catalytic
converter
thefts
from
occurring
further.
This
respondent
is
concerned
that
the
state
statute
preempts
the
proposed
ordinance
amendment.
D
The
city's
position
is
that
the
proposed
ordinance
amendment
codifies
the
criminal
penalty,
should
any
person
or
business
be
found
in
violation,
and
it's
not
intended
to
penalize
businesses.
It's
intended
to
complement
the
state
statute
and
I
believe
in
working
with
these
businesses
and
working
with
the
respondents
to
the
public
hearing
announcement.
We
do
have
a
proposed
amendment
to
the
amendment
and
so
at
this
point
I'll
conclude,
my
presentation
and
I'll
yield
the
floor
to
councilmember
johnson,
who,
I
believe
is
in
attendance
here
as
well.
B
Okay,
mr
velasquez,
thank
you
so
much
for
your
report.
It
seems
like
we're
asking
our
director
of
licensing
and
and
this
area
to
do
a
lot
and
be
an
expert
in
a
lot
of
different
areas,
and
I
really
appreciate
all
your
work
on
that.
I
understand
councilmember
johnson
is
on
the
call
I'd
invite
him
to
speak
now.
Should
he
would
like
to
do
so
before
we
open
the
public
hearing.
E
Thank
you,
madam
chair.
I
appreciate
it
and
first
I
want
to
thank
you
and
I
want
to
thank
our
staff,
our
our
business
licensing
director
and
I
want
to
thank
lee
wolfe
as
well
so
enrique
lee.
Thank
you
so
much
for
your
work
on
this.
I
think
you
really
highlighted
the
issues
at
play
here
I
mean
it's
not
just
a
pollution
issue
and
that's
certainly
part
of
it.
But
most
specifically
it's
an
issue.
E
That's
affecting
residents
across
our
city
and
my
office,
checked
in
with
the
police
pio
to
understand
the
numbers
and
the
numbers
we
got
back
were
that
in
2019
there
were
124
reports
of
catalytic
converter
theft.
This
year
there
are
more
than
a
thousand
so
far
in
the
year's
not
over,
so
nearly
tenfold
increase.
So
this
is
trending
in
the
wrong
direction
quite
substantially.
E
You
know,
we'd
really
prefer-
and
I
say
this
is
intergovernmental
relations.
E
Chair
we'd
really
prefer
statewide
action
on
a
lot
of
topics,
including
this
one,
but
since
we
haven't
seen
as
extensive
of
an
effort
there,
we
thought
you
know
it's
really
important
for
us
to
address
this
because
for,
as
my
colleagues
know,
when
folks
have
catalytic
converters
stolen,
this
has
a
very
substantial
impact
on
residents.
I
mean
thousands
of
dollars
typically
to
replace
and
part
of
the
problem
is
that
it's
so
difficult
to
catch
criminals.
E
In
this
I
mean
we've
got
11
100
plus
miles
of
city
streets,
and
even
if
we
had
10
times
as
many
officers
out
there
as
we
do
today,
it's
so
easy
for
somebody
to
walk
down
the
street
in
the
middle
of
the
night
when
nobody's
around
slip
under
a
vehicle.
Quick
cut,
one
of
these
out
in
30
seconds
and
then
walk
off
and
simply
today,
being
in
possession
of
a
catalytic
converter
without
sort
of
any
sort
of
documentation
is
in
itself
not
against
any
sort
of
ordinance
or
rules.
E
But
with
the
amended
version
which
you
know,
I'd
ask
the
clerk
to
put
on
the
screen
which
I'd
recommend
to
colleagues.
It
actually
would
provide
some
tools
for
law
enforcement
around
that
by
prohibiting
possession
of
catalytic
converters
without
either
being
the
vehicle
owner
or
having
some
documentation
from
the
vehicle
owner
around
that.
So
we
think
that
can
help
provide
tools
for
law
enforcement,
and
then
you
know
to
our
director's
point.
E
We
we
listened
to
and
worked
with
scrap
metal
dealers
on
this
and
and
their
concerns,
and
you
know
I
think,
as
is
in
many
cases
when
we
work
on
these
ordinances,
there
may
still
be
disagreement
at
the
end
of
the
day,
but
we
are
recommending
a
change
to
make
it
easier
for
them
by
adding,
in
this
section
here
around
or
used
auto
parts
dealer
in
404.10,
which
would
provide
a
licensing
path
as
well.
E
E
E
This
ordinance
was
inspired
by
st
paul
in
their
effort
to
address
this,
after
not
seeing
enough
statewide
action
or
federal
action
on
this,
and
so
I
think,
if
we
do
this
here,
not
only
will
we
have
a
positive
effect
in
minneapolis,
but
also
it'll
continue
to
be
a
part
of
efforts
to
address
this
problem
again,
not
going
to
solve
everything,
but
if
it
helps
on
the
demand
side
by
putting
in
more
stringent
requirements
to
prevent
really
this
market
force
from
happening
now,
which
results
in
so
many
of
these
illegal
thefts
and
really
provides
a
way
for
folks,
because
of
lack
of
regulation,
to
be
able
to
scrap
these
converters
without
any
sort
of
significant
consequence
or
or
creating
loopholes.
E
Like
we
see
today
where
people
are
still
able
to
get
away
with
this
illegal
activity.
You
know,
that's
that's
a
a
win
to
get
something
like
this
in
place,
and
so
I
really
appreciate
our
our
staff,
who
very
thoughtfully
consider
this
and
the
conversations
with
folks
as
well
in
the
industry
to
try
to
get
the
right
balance.
So
I
I
would
encourage
our
colleagues
to
support
this
and
this
amended
version
of
it
and
I'm
interested
in
the
public
hearing
as
well.
Thank
you,
madam
chair,
for
the
time
to
speak
today.
B
Thank
you,
councilmember
johnson,
I'm
going
to
see
if
there's
any
questions
for
staff
with
regard
to
their
report
or
questions
for
the
author
councilmember
johnson,
seeing
none
I'm
going
to
open
the
public
hearing.
I
see
there's
one
person
in
queue
to
speak
on
this
item.
This
is
craig
greenberg,
mr
greenberg,
you
are
the
only
person
signed
up
to
speak.
If
you
could
keep
your
remarks
to
five
to
ten
minutes,
I
would
appreciate
that.
Please
press
star
six
to
unmute.
F
F
We
appreciate
council
members,
johnson
goodman
working
with
us
on
the
issue
of
catalytic
converter
theft
and
council
member
johnson's
proposed
ordinance
before
the
committee
today.
Look
at
metro
does
sympathize
with
this
problem.
It
obviously
is
a
problem.
That's
increased,
but
metro
does
not
believe
that
the
proposed
ordinance
is
a
way
to
solve
this
particular
issue.
F
Now
I
will
state
that
our
comments
are
primarily
based
on
the
original
version
of
the
proposed
ordinance
and
I
have
not
yet
seen
the
the
redrafted
one
that
was
just
discussed,
but
we
do
appreciate
committee
members
looking
at
certain
amendments
that
would
carve
out
from
the
breadth
of
the
ordinance
legitimate
businesses
like
metro
and
metro's
customers,
but
the
still
the
proposed
ordinance,
we
believe,
would
would
preclude
metro
and
its
legitimate
customers
from
from
continuing
legal
and
necessary
business
within
the
city.
F
F
These
licensed
businesses
are
not
involved
in
illegal
activities
and
do
not
buy
and
sell
stolen
catalytic
converters
all
the
transactions
in
which
metro
processes,
when
it
purchases
a
converter,
are
tracked
in
accordance
with
minnesota
law,
menstat
325e
0.21,
which
is
referenced
in
the
ordinance.
If,
if
you
look
at
the
requirements
of
that
statute-
and
I
heard
reference
to
limited
scrutiny,
it's
kind
of
the
reverse,
there's
a
great
scrutiny
placed
on
these
transactions,
video
taken
record
keeping
that
is
extensive,
so
that
there's
records
of
each
and
every
transaction
that
could
be
traced
by
law
enforcement.
A
F
Those
companies
extract
the
pressure,
precious
metals
such
as
rhodium,
platinum
and
palladium,
and,
as
indicated,
the
metals
are
in
high
demand
by
manufacturers
who
can
reuse
the
recycled
metals
as
opposed
to
relying
on
mining
operations
that
are
damaging
to
the
environment.
So
there's
an
environmental
component
here
both
getting
the
materials
out
of
landfills,
etc
and
also
limiting
the
amount
of
damage
to
the
environment
that
is
done
by
mining.
F
F
Apart
from
the
business
to
business,
customers,
metro
does,
on
occasion
purchase
a
converter
from
an
individual
but
again
kind
of
the
reverse
of
limited
scrutiny.
Those
transactions
are
fully
vetted
full
information.
Video
license
plate
numbers
driver's
license
information.
All
of
that
is
tracked,
as
required
already
under
minnesota
statute.
325E.
F
There
is
great
effort
put
into
making
sure
that
the
seller
has
title
to
the
vehicle
from
which
the
converter
came,
and
they
will
sometimes
even
if
someone's
replaced
their
converter,
they
will
look
under
the
vehicle
to
make
sure
there's
a
new
one
in
place.
So
there's
great
scrutiny
given
given
to
those
individual
transactions
as
well
when
it
comes
to
suspicious
sellers
metro,
does
frequently
refuse
to
purchase
and
has
turned
away
many
suspicious
sellers.
F
Those
people
are
ones
that
cannot
prove
they
have
title
to
the
vehicle
or
that
they
have
authority
to
sell
catalytic
converters,
and,
in
this
regard,
metro
has
worked
with
law
enforcement
on
numerous
occasions,
and
there
are
a
number
of
success
stories.
So
metro
and
others
like
it
are
part
of
the
solution
here,
not
not
the
problem.
F
The
the
the
ordinance
is
also
one
that
that
only
tracks
transactions
within
the
bounds
of
the
city
and
this
problem
is
one
that
goes
well
beyond
the
city
of
minneapolis.
I
think
we
all
agree
on
that.
This
is
a
statewide
nationwide
and
worldwide
problem,
and
that's
all
because
of
as
discussed
the
limited
supply
of
precious
metals
is
driving
this
theft
everywhere.
F
But
programs
which
do
nothing
more
than
target
legitimate
business
operations,
will
just
push
the
criminals
and
other
similar
transactions
out
of
the
city
to
other
cities
nearby
and
further
into
other.
F
Or
illegal
markets,
so
a
local
regulation
like
this
that
impacts
legitimate
business
within
the
city.
We
do,
we
do
not
believe,
will
address
a
statewide
and
nationwide
problem
based
on
worldwide
economics
and
then,
finally,
I
want
to
touch
on
the
state
law,
preemption
issue,
metro's
operations
and
those
like
metro
are
highly
regulated
when
it
comes
to
automobile
parts,
scrap
metals
and
related
transactions,
including
the
purchase
and
sale
of
catalytic
converters.
F
Those
transactions
are
already
controlled
under
minnesota
statute,
section
325e
0.21
recently
the
state
legislature
did
take
action.
They
held
several
hearings,
looked
at
multiple
ways
to
address
the
statewide
problem
of
converter
theft
and
very,
very
clearly
stipulated
on
what
would
be
required
for
legitimate
sale
or
purchase
of
a
catalytic
converter
within
the
state.
F
The
statute
also
provides
for
law
enforcement
agencies,
insurance
companies
and
scrap
metal
dealers
to
work
together
in
this
regard,
and
there
is
a
pilot
project
put
in
place
to
help
combat
this
issue
by
marking
permanently
marking
catalytic
converters
so
that
they
could
be
traced.
F
But,
finally,
there
is
a
a
definite
preemption
issue
here
on
a
legal
basis:
menstat
325e,
0.21
subdivision
10,
specifically
states
this
section
preempts
and
supersedes
any
local
ordinance
or
rule
concerning
the
same
subject
matter
well,
this
is,
you
know,
great
concern
the
metro
and
others
like
it
that
there,
this
legal
issue
clearly
shows
that
the
state
legislature
wisely
wanted
to
avoid
a
patchwork
of
ordinances
from
one
city
to
the
next,
because
again,
this
this
issue
is
not
one,
that's
centered
in
one
city
or
another.
F
What's
really
required
here,
and
I
think
the
the
pilot
project
that
was
just
enacted
within
325e
is
what's
required
and
that's
focusing
on
marking
the
catalytic
converters
with
unique
id
numbers
using
labels,
engraving
techniques,
theft,
deterrence
paint
or
other
methods.
You
know,
ultimately
from
the
auto
industry
where
they
permanently
mark
the
converters
with
serial
numbers.
I
mean
that's
something
that
should
be
coming
sooner
than
later
and
that's
where
the
real
solution
lies
with
these
with
these
issues.
F
B
Thank
you,
mr
greenberg.
I
just
want
to
verify
that.
There's
no
one
else
to
speak
in
the
public
hearing
and
then
I
have
a
question
or
two
for
you
and
other
members
of
the
committee
might
as
well
I'll
just
check
with
the
clerk
to
make
sure
there
isn't
anyone
else
here
to
speak
to
public
hearing
item
number
one.
B
F
Well,
no,
the
timing
of
this,
and
we
can
all
check
on
this.
But
the
timing
is
the
saint
paul
ordinance
actually
went
into
effect
in
2020.
F
So
this
this
amendment
at
325e,
0.21
post,
stated
that
so
it's
as
if
it
was
in
in
reaction
to
the
saint
paul
ordinance
so.
F
Well,
that's
a
challenge
that,
frankly,
we
would
rather
work
with
council
and
try
to
resolve
this
issue
rather
than
go.
The
legal
route
I
mean,
I
think,
that's
to
everyone's
benefit
and
again
metro
is-
is
not
opposed
to
reasonable
measures.
F
We
want
to
be
part
of
the
solution,
not
not
the
problem,
but
honestly
that
that's
something
that
is
being
looked
at
and
can
be
looked
at
and
but
I
think
plain
language
is
plain
language
and
I
think
the
state
legislature
was
pretty
clear
and
the
reason
for
doing
that
was
pretty
clear
and
we
we've
talked
with
some
other
folks
in
the
industry
who
were
involved
in
in
those
efforts
to
to
talk
about
preemption
you've
got
recyclers
who
are
in
in
all
all
cities
all
over
the
state.
F
So
you
know
if
you're,
if
you're
a
criminal
and
you
steal
a
converter
and
you
can't
sell
it
in
minneapolis
and
st
paul.
Well,
you
don't
have
to
go
too
far.
You
can
go
to
maple
grove.
You
can.
C
F
To
blaine
you
can
go
to
a
number,
you
can
go
across
the
border
into
wisconsin,
so
we
don't
believe
an
ordinance
like
this
is
really
is
really
the
solution.
Okay,
so
you.
B
Answer
my
question
about
preemption:
if
80
of
all
of
the
recycling
with
regard
to
catalytic
catalytic
converters
is
done
by
legal
operations,
that
would
still
leave
20.
That
potentially
could
be
a
question.
Isn't
that
the
20
percent
we're
trying
to
get
at,
which
is
people
who
are
not
licensed?
I
mean
if,
if
you're
trying
to
do
the
right
thing,
why
would
you
take
any
catalytic
converters
from
anyone
who
is
not
licensed.
F
There's
a
number
of
examples-
and
I
can
give
you
one:
that's
a
typical
one.
So
if,
if
someone
has
an
old
vehicle,
maybe
maybe
it's
close
to
the
end
of
its
useful
life,
those
catalytic
converters
do
wear
out.
F
I
mean
in
fact
that's
why
you've
got
a
carve
out
for
auto
repair
garages
because
they
replace
converters
for
people.
Well,
sometimes
the
auto
repair
garage
keeps
the
converter
and
then
goes
to
a
place
like
metro
and
sells
it
other
instances.
If
the
if
the
car
owner
knows
what
they're
doing
they
may
say,
you
know
what
I'm
going
to
take
that
used
part
with
me
and
they
can
go
and
sell
it
themselves.
F
B
F
B
Thank
you,
mr
greenberg,
for
your
answering
my
questions,
we'll
see
if
anyone
else
has
any
questions
or
chooses
to
make
a
motion
on
this
issue,.
C
Thank
you,
chair
governor.
I
don't
have
any
other
questions.
I
just
want
to
thank
councilmember
johnson
for
his
work
on
this
and
I'd
be
happy
to
move
his
amendment
to
the
original
ordinance.
B
Okay,
so
I
think
we'll
see
if
anyone
else
has
any
questions
or
comments
if
they
do
not,
we
will
first
take
up
council
member
johnson's
amendment
through
council
member
schrader,
who
has
moved
that
and
if
there
are
no
further
comments
or
questions,
I'd
ask
the
clerk
to
call
the
role
on
the
amendment.
G
C
H
A
B
I
The
property
is
located
at
4816
upton
avenue.
The
properties
is
a
single
family
home.
The
proposed
project
started
as
a
building
permit
for
a
second
story.
Edition
staff
reviewed
the
project
and
approved
the
plan
at
a
50
demolition
at
a
50
demolition
grandfather
rights
exist
specifically
regarding
the
north
interior
side
yard
setback
at
3.9
feet.
I
I
I
I
I
The
board
of
adjustment
denied
this
application
to
reduce
that
interior
side
yard
setback
from
five
feet
to
3.9
feet,
and
the
applicant
has
appealed
that
decision
of
the
board
I'll
be
here
for
any
questions.
The
applicant's
representative
is
also
on
the
call.
B
If
there
are
not,
then
I'm
going
to
proceed
to
open
the
public
hearing
with
this
type
of
hearing
we
give
the
appellant
an
opportunity
to
make
their
case
first.
I
understand
a
representative
of
rh
residential
is
on
the
call
or
the
homeowner
themselves
brianna
bergstrom.
I
want
to
let
you
know
that
this
would
be
your
time
to
speak
and
you
have
up
to
10
minutes.
If
you'd
like
to
make
your
presentation
now,
I
will
note
that
we've
been
joined
by
council
member
palmisano,
so
please
press
star
6
to
unmute.
J
Yeah
good
afternoon,
chair
goodman,
council
members,
my
name
is
brianna
bergstrom.
I
am
an
attorney
with
taft
stetnies
and
hollister.
We
represent
rh
residential
renewal,
which
is
a
sole
proprietorship
owned
and
operated
by
mr
randy
hogg.
Mr
hobbs
is
also
with
me
here
today
on
the
call
in
preparation
for
this
appeal.
J
We
submitted
our
statement
of
appeal
and
also
a
correspondence
yesterday
outlining
our
arguments,
so
I
I
would
just
like
to
emphasize
three
reasons
why
we
believe
the
board's
denial
of
this
variance
request
was
an
error,
the
first
one,
as
mr
liska
noted
you
know,
this
variance
application
does
meet
the
three
elements
that
are
necessary
for
a
variant
first.
The
practical
difficulties
that
exist
in
complying
with
this
ordinance
are
due
to
the
unique
circumstances
of
the
property,
and
these
are
not
due
to
any
faults
of
the
current
homeowners.
J
At
that
point,
residential
renewal
had
no
other
option
but
to
take
down
these
three
additional
exterior
walls,
as
opposed
to
just
the
single
exterior
wall
that
was
supposed
to
be
taken
down,
and
this
was
due
to
not
only
the
homeowners
safety
concerns
with
the
mold
and
rot
and
wall
structure,
but
also
neighborhood
concerns
as
well
on
this
property.
That
is
why
the
variance
is
being
sought.
J
525.520
expressly
authorizes
a
variant
to
be
used
to
vary
the
art
requirements,
which
is
what
is
being
sought
here.
The
code
also
promotes
and
protects
public
health
safety
and
wealth
welfare.
Excuse
me,
which
is
why,
partly
why
this
parent's
being
sought,
which
is
also
depicted
in
multiple
emails,
that
have
been
sent
in
by
the
neighborhood,
encouraging
and
approving
this
variance,
as
well
as
the
fulton
neighborhood
association
and.
G
J
The
report
even
stated
that
the
proposed
north
setback
was
occupied
by
the
previous
structure
and
utilizing
that
same
location
would
not
alter
the
essential
character
of
the
area
or
be
injurious
to
health,
safety
or
welfare
of
the
general
public,
and
I
believe
that
point
is
important,
because
this
variance
is
being
sought
so
that
rh
residential
can
reconstruct
these
walls
in
a
manner
that
they
were
in
before
before
the
walls
were
taken
down.
This
is
not
a
variant
that
is
being
sought
to
you
know,
do
new
construction
or
anything
like
that.
J
That
was
never
discussed.
That
was
not
the
intent
of
the
project.
The
project
was
only
to
take
down
one
wall
and
then,
due
to
the
unforeseen
circumstances
of
the
moles
and
rot
and
wall
structure
issues,
it
became
taking
down
the
remaining
three
exterior
walls,
the
cped
step
also
withheld.
We
believe
one
of
the
most
important
reasons
that
this
theron's
being
saw,
which
is
the
subsequent
discovery
of
the
previous
moles
rotten
interior
and,
as
mr
liska
even
states
in
his
presentation
today.
J
That
fact
is
still
not
being
talked
about
and
we
believe
that
that's
very
important
for
this
variant
and
then
third,
we
just
reiterate
in
the
staff
report
all
of
the
neighborhood
support
and
approval
of
this
variance,
especially
from
the
fulton
neighborhood
association,
who.
J
A
letter
saying
they
don't
oppose
it
and
then
the
third
reason
why
we
believe
the
why
we
believe
the
boards
denial
not
necessarily
isn't
an
error,
but
we
believe
this
variance
has
already
been
automatically
approved
under
minnesota
statute
1599,
which
set
forth
a
60-day
timetable
for
an
agency
to
act
on
a
decision,
as
stated
in
the
cped
staff
report,
that
60-day
timeline
began
to
run
it's
based
on
august
17
2021,
but
we
would
also
state
that
residential
renewal
submitted
their
variance
application
on
august
18th
and
there
in
the
staff
report.
J
It
also
states
that
the
end
of
the
60-day
decision
period
was
october,
16,
which
even
going
off
the
later
date
of
this
middle
august
18th
would
be
october
17.,
either
way
that
time
has
expired
and
there
has
not
been
a
final
approval
as
to
a
funnel
approval
or
denialist
experience.
Therefore,
it
is
themed
approved.
B
I
don't
believe
there
are
any
questions
for
you
at
this
moment.
I'm
looking
to
see
if
there
are
any
it
does
not
seem
like
there
are,
I'm
going
to
now
open
the
hearing
to
any
other
member
of
the
public
who'd
like
to
speak
on
this
item
and
see
if
the
clerk
has
anyone
in
queue
and
then
I'll
take
questions
from
members
of
the
council
so
we'll
first
just
clarify
that
there
are
no
other
speakers
in
queue.
Could
you
confirm
that
ms
brock.
B
Okay,
thank
you,
given
that
the
applicant
has
had
an
opportunity
to
speak
as
well
as
to
see
if
there's
anyone
in
the
public
who
is
on
the
call-
and
there
are
not
I'm
going
to
close
the
public
hearing,
I'm
sure
council
member
schroeder
is
going
to
ask
the
same
question
that
I
am
so
we'll
just
get
this
out
of
the
way
easily,
which
is
what
is
the
60-day
timeline?
Mr
liska.
I
The
60
days
started
on
8
26.
That
would
end
on
10
25,
which
was
yesterday
and
an
extension
was
emailed
to
mr
hobbs
yesterday,
extending
this
out
until
december
24th.
B
Okay,
I
just
wanted,
then,
to
call
on
councilmember
schrader.
C
Thank
you,
chair
goodman,
who
read
my
mind
on
this
in
60
days,
but
I
also
want
had
a
question
for
miss
bergstrom.
Do
you
have
pictures
or
photos
or
or
other
proof
of
the
mold
in
the
wall?
I
mean
it
is
something
that
that
would
be.
That
would
be
very
helpful,
but
I
have
yet
to
see
any
evidence
of
that.
J
Comfort
trader,
thank
you.
Yes,
we
submitted,
I
believe
at
least
eight
or
nine
images
in
our
statement
of
appeal,
and
you
can
see
plainly
on
both
the
front
exterior
of
the
house
and
the
inside
the
mold,
the
rotting
and
the
wall
structure,
damage.
C
Thank
you
and
did
your
client
reach
back
out
to
cpa?
This
is
something
that
happens.
You
never
know
what's
in
the
wall
until
you
start
building,
and
usually
we
get
folks
connect
back
up
with
the
city
before
just
destroying
a
wall,
especially
when
they
have
a
permit
to
that
is
very
clear
that
they
need
to
keep
that
wall.
J
Sure,
if
I,
if
I
may
randy
mr
hobbs,
is
here,
and
he
may
be
able
to
touch
a
little
bit
more
on
that
question,.
G
Well-
and
I
think
that's
the
big
question
is
that
there
was
no.
There
was
no
conversation
between
myself
and
the
zoning
or
mr
we
concerning
the
demoing
of
the
walls,
and
you
know
that
there
was
actual
a
percentage
that
I
needed
to
hold
on
to
or
anything
like
that.
So,
and
it
was
stated
in
these
in
the
report
that
there
was
and
then
we
then
the
my
attorney
went
and
got
400
pages
of
information
from
the
city.
G
All
the
you
know,
communication
and
there's
just
there's
nothing
in
you,
know
project
docs
or
anything
like
that
that,
where
he's
telling
us
that
we
need
to
have,
therefore,
that
we
change
our
plan
that
he
they
basically
have
stated
andrew
has
stated
that
we
that
he
got
from
mr,
we
actually
brad
actually
stated
his
brand
and
planning.
I
don't
know
what
his
last
name
is
stated
that
we
told
them
that
they
had
had
me,
go
back
and
adjust
the
plan
to
meet
the
the
60
threshold.
G
Well,
that
never
happened
so,
and
we
were
still
waiting
for
somebody
to
show
us
that
information
I
mean
we
just
wouldn't
know
that
that
was
even
a
concern.
You
know
we
I
was
doing
something.
I
was
asked
by
a
homeowner
to
take
down
the
walls
because
they
were
concerned
about
their
health
and
safety,
and
I
and
they
had
family
members
that
that
have
ocd,
oh
some
type
of
disease
and
they're
concerned
about
it.
B
Hey
hang
on
ma'am,
I
I'm
I'm
sharing
the
meeting.
I'm
pretty
sure
that
the
question
that
was
asked
was
answered
and
the
public
hearing
is
closed.
So
we're
not
going
to
have
you
add
any
additional
information
unless
there's
a
question
from
a
member
of
the
committee,
so
councilmember
schroeder
was
your
question
asked
and
answered.
C
My
question
was
asked
an
answer.
I
do
have
kind
of
a
follow-up
for
staff
and
I
guess
just
a
comment
so
far
on
this.
Like
that
these
pictures,
it
does
seem
like
there's
a
legitimate
concern,
but
the
the
issue
is,
as
I
see
it,
that
the
applicant
applied
for
and
got
a
permit
to
build
one
building
and
one
house,
and
then
they
seem
to
have
built
a
different
house.
You
know
when
they
apply
initially
applied.
C
Like
that's,
not
our
process,
and
it's
it's
it's
unfortunate,
but
it
is
something
that
was
pretty
clear
through
the
process
that
if
there
is
a
new
building
that
is
being
built
like
you
need
to
honor
the
setbacks
that
have
been
set
there,
and
so
I
just
wanted
to
kind
of
check
back
with
staff
if
that's
kind
of
a
fair
way
to
be
understanding.
This.
I
Yes,
so
100
again,
when
we're
looking
at
a
remodel,
anything
under
60
would
have
grandfathered
rights
to
the
existing
setbacks.
When
we
exceed
that,
that's
when
it's
considered
new
from
zoning
and
then
they
would
need
to
meet
our
current
standards.
B
Okay,
so
councilmember
schroeder,
mr
liska,
in
lay
people's
terms.
If
they
had
followed
the
plan
they
had
submitted
to
the
city,
they'd
be
entitled
to
grandfathering
being
closer
to
the
property
line,
but
because
it
was
an
actual
full
demolition
for
whatever
reason
they're
not
entitled
to
that
they
have
to
get
a
variance
and
the
variance
needs
a
practical
difficulty.
You
have
to
explain
why
you
have
to
have
a
different
setback.
Is
that
correct.
H
There's
the
additional
issue
with
the
egress
window
and
would
have
that
been
granted
by
right
due
to
grandfathering,
or
that
have
been
an
additional
thing
that
they
wouldn't
have
had.
I
Thank
you,
council,
member,
no,
no
grandfathered
right
would
exist
with
that
proposed
egress
wealth
code
is
very
strict
on
on
limiting
egress
wells
in
interior
side
yards
for
emergency
personnel
to
safely
pass
by
two
feet
of
clearance
from
the
edge
of
the
weld
to
the
lot
line
is
needed
with
the
building
at
3.9
feet.
There's
just
insufficient
space
there
for
an
egress
well,
so
that
would
not
have
been
approved.
If
that
was
shown
on
any
plans.
The
city
reviewed.
B
Okay,
councilmember
schrader.
B
Councilmember
schroeder
is
moving
to
deny
the
appeal
I
I
will
note.
I
just
don't
see
the
practical
difficulty
here
and
I
think
we
have
to
treat
everybody
the
same
and
I
don't
know
how
we
would
go
ahead
and
grant
this
appeal
when
there's
not
a
practical
difficulty
to
be
in
the
side
yard
and
with
this
window.
Well
that
wasn't
on
any
plan.
B
Unfortunately,
and
so
I
I
think
we
might
feel
bad
about
the
fact
that
there's
mold
and
we
might
feel
bad
that
they
can't
move
this
faster,
but
we
have
to
have
a
practical
difficulty
in
order
to
find
for
this
variance-
and
I
don't
see
that
we've
found
that
so
I
concur
with
council
member
schroeder's
statement.
Ask
the
city
attorney
to
please
prepare
findings
of
fact
for
this,
as
it
moves
forward
to
the
council
meeting,
and
I
would
ask
that
the
clerk
call
the
role.