Minutes - Council - 09/02/2008 - Special

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Mr. Kiefer stated that he feels the ball is in the City's court. Councilmember Dehen stated that he has some comments he would like to make to prevent this from occurring in the future. He stated that he would like to share his thoughts after this issue is taken care of because he doesn't want to confuse the recommendations from the Hearing Examiner. City Attorney Goodrich stated that he appreciated this because he expects this may be taken to the Court of Appeals. Councilmember Strommen stated that she finds the whole situation unfortunate but does not see anything that would lead her to say that the City'should reverse the Findings of Fact. Mr. Kiefer reiterated his recommendation that the Council read the definition of a driveway. Councilmember Elvig stated that he is a bit tom and feels that there may be holes in our ordinance and the process. He stated that he is concerned that the City has stepped into this and engaged in this type of legal battle. He stated that he feels there are questions, not with the Findings of Fact presented tonight, but feels the procedure has some rough edges. Mayor Gamec stated that he has known Mr. Kiefer for years and it is always difficult to make a decision against friends and people that you have know, but the Council needs to look at the facts, not the names of the people they are dealing with. Motion by Mayor Gamec, seconded by Councilmember Look, to affirm and adopt the Findings of Fact, Conclusions and Recommendations of Hearing Examiner Scott dated July 14, 2008 regarding the abatement of a motor vehicle described as a white panel van parked in violation of City Code on property at 6203 Rivlyn Avenue NW, Ramsey, MN. Further discussion: Councilmember Jeffrey stated that he will vote in favor of this and feels staff has put their best foot forward and doesn't think there are holes in the process, but that the City has come across situations where tough decisions have to be. made. Councilmember Dehen stated that he doesn't necessarily think the City did anything wrong, but feels there are things the City can do to make sure this process doesn't last so long. He noted that this process was designed to move quickly and not take almost a year to resolve. He stated that this is what he would like to discuss later in the meeting. Councilmember Elvig stated that he agrees that staff has done a good job and been diligent, but also agrees that this has taken too long which is why he feels there may be holes in the process and ways to make the process run a little smoother. Councilmember Look asked what costs the City has put into this process so far. City Attorney Goodrich stated that the City has probably spent between $3,000 and $4,000. Motion carried. V oting Yes: Mayor Gamec and Councilmembers Look, Dehen, Elvig, Jeffrey, Olson and Strommen. Voting No: None. Special City Council Meeting / September 2, 2008 Page 8 of9