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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 13, 2016
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
Present: Mayor Faust Councilmembers Gray, Jenson, and Stille
Absent: Councilmember Brever
Also Present: City Manager Mark Casey, City Engineer Todd Hubmer, and Finance Director Shelly
Rueckert
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF THE SEPTEMBER 13, 2016, CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Jenson to approve the City
Council Meeting Agenda of September 13 2016
Motion carried 4 -0.
I1. PROCLAMATIONS AND RECOGNITIONS
A. Presentation by Tom Miller, St. Anthony Kiwanis
Mr. Tom Miller and Mr. Jack Keifner, St. Anthony Kiwanis, thanked St. Anthony residents and
businesses for their support throughout the year. This will be the 45`h year of Annual Peanut Day
in St. Anthony. They support area schools with the proceeds from the sale.
B. Proclamation for St. Anthony Peanut Day Friday. September 23 2016
Councilmember Jenson read the proclamation proclaiming Friday, September 23, 2016 as St.
Anthony Kiwanis Peanut Day.
111. CONSENT AGENDA.
A. Approval of August 23 2016 City Council meeting minutes
B. Licenses and Permits
C. Claims
Motion by Councilmember Stille seconded by Councilmember Jenson to approve the Consent
Agenda items as presented.
2
H
City Council Regular Meeting Minutes
September 13, 2016
Page 2
Motion carried 4 -0.
IV. PUBLIC HEARING
A. Resolution 16 -064 a Resolution Setting the Proposed 2017 Tax Levy and General
Operating Budget for the City of St. Anthony Village
Mayor Faust opened the public hearing at 7:06 p.m.
10 Finance Director Shelly Rueckert reported at the August 23, 2016 City Council Meeting, the
11 proposed 2017 General Fund Operating Budget and 2017 Overall levy were presented and the
12 public hearing was held April 26, 2016 for public input on the budget process. City Staff is
13 affirming the proposed 2017 overall levy of $6,450,785, which represents an increase of
14 $399,973 or a 6.61% increase from 2016. Ms. Rueckert summarized the drivers associated with
15 the proposed 5.56% increase in the General Fund Levy include:
16 • Personnel costs — 72% of expenditures, overall costs up $110,148 or 2.22%
17 • Contracted services — 8% of expenditures, overall increase $108,369
18 • Other Insurance costs — 4% of expenditures, overall costs up $12,017 or 4.94%
19 • Pass through costs — 4% of expenditures, costs down $44,114 or 13.63% in turn revenues
20 down equal amount
21 • Remaining budget line items —12% of expenditures, net costs down $20,136 or 2.16%
22 • Revenues reductions substantially due to tax increment collections and fund transfers
23 combined for $44,780
24
25 Ms. Rueckert reviewed the HRA Budget and Levy contains cost drivers similar to the general
26 fund. The proposed Levy increase for the HRA is 12.58 or $17,630 which is the maximum levy
27 allowed. The 2017 Debt Related Levies are proposed to increase by $42,010. The 2017 Capital
28 Improvement Fund Levy is proposed to increase by $152,210. The portion of this increase
29 related to the 2015 phase in plan to rebase liquor transfers is $77,210. The additional $75,000
30 increase is to provide funding needed to replace daily operating equipment as its useful life
31 expires.
32
33 Ms. Rueckert reported the issuance of debt/levy impact included Issuance 2016A Street
34 Improvement Bond totaling $1,455,000, Issuance of 2016B Tax Abatement Bond Totaling
35 $1,455,000 and noted the 2016 average homeowner paid $487.30. The impact of the Debt Levy
36 Relief Program amounts to a 0.69% increase and without the Debt Levy Relief Program it would
37 be a 6.68% increase.
38
39 Ms. Rueckert summarized the final presentation of the 2017 Budget and Property Tax Levy is
40 scheduled for the December 13, 2016 Council Meeting and at that meeting, a recap of the 2017
41 Budget and the impact of the 2017 Property Tax Levy will be presented. Through
42 Grants /Donations Partnerships, the City has received $19,885,190 since 1999.
43
44 There were no questions from the Council.
45
46 Mayor Faust closed the public hearing at 7:16 p.m.
City Council Regular Meeting Minutes
September 13, 2016
Page 3
2 Motion by Councilmember Jenson, seconded by Councilmember Stille to approve Resolution
3 16 -064: a Resolution Setting the Proposed 2017 Tax Levy and General Operating Budget for the
4 City of St. Anthony Village.
o Motion carried 4 -0
7
8 B. Resolution 16 -065 a Resolution Accepting Part 2 of the City of St Anthony Wellhead
9 Protection Plan Amendment for Submission to the Minnesota Department of Health
10
11 Mayor Faust opened the public hearing at 7:16 p.m.
12
13 City Engineer Todd Hubmer reviewed the City of St. Anthony Village has completed developing
14 its Wellhead Protection (WHP) plan pursuant to the requirements of Minnesota Rules. The WHP
15 plan is comprised of a collaboration of the results generated in Part I and other items such as land
16 use, utilities, water quantity, and water quality. Mr. Hubmer reviewed the Part I Results. The
17 Part 2 plan is a management strategy to protect the drinking water supply management area. Mr.
18 Hubmer reviewed the Part 2 Scope, Plan of Action and Goals. Mr. Hubmer noted the next steps
19 stating:
20 1. City Council Accepts Plan for Submitting to MDH
21 2. Submit Plan to MDH for Final approval
22 3. Formal Adoption of Plan by MDH
23 4. Implement the Plan of Action
24
25 The MDH Evaluation is done every 2%z years and the WHP Plan Amendment is done every 10
26 years. City Engineer Hubmer reviewed the three options available to the City Council:
27 1. Approve the resolution accepting the WHP Plan for submission to the Minnesota
28 Department of Health
29 2. Request revisions to be made to the WHP Plan
30 3. Take no action on this item at this time.
31
32 City Engineer Hubmer summarized staff recommendation is for Council to approve the
33 Resolution accepting Part 2 of the City of St. Anthony Village WHP Plan for submission to the
34 Minnesota Department of Health.
35
36 Councilmember Stille asked if the City's well inventory included any non -City wells and Mr.
37 Hubmer stated an inventory was done of all wells within the City.
38
39 Mayor Faust closed the public hearing at 7:25 p.m.
40
41 Motion by Councilmember Gray, seconded by Councilmember Jenson to approve Resolution
42 16 -065: a Resolution Accepting Part 2 of the City of St Anthony Wellhead Projection Plan
43 Amendment for Submission to the Minnesota Department of Health
44
45 Motion carried 4 -0
46
City Council Regular Meeting Minutes
September 13, 2016
Page 4
Mr. Hubmer introduced Anika Munkle, a member of the team who completed the Part I and Part
II.
4 V. REPORTS FROM COMMISSION AND STAFF - NONE
6 VI. GENERAL BUSINESS OF COUNCIL
8 A. Resolution 16 -066 a Resolution Ratifying First Amendment to Litigation Settlement
9 Agreement and Pierrineer Release by and Between the City of St Anthony and the
10 United States of America.
11
12 City Manager Mark Casey reviewed this is a Resolution to adopt a First Amendment to the 1989
13 Settlement Agreement between the City and the Army related to the Twin Cities Army
14 Ammunition Plant ( "TCAAP "), and authorizing the Mayor to execute the First Amendment on
15 behalf of the City. The City and Army have been negotiating potential resolution of claims since
16 the contaminant 1, 4 Dioxane was discovered in the Jordan and Prairie du Chien aquifers in the
17 spring of 2015. City Staff and the Army have reached an agreement on further payments by the
18 Army to fund additional treatment of groundwater. The TCAAP agreement funded construction
19 of the City's existing carbon filtration system, which treats tetrachloroethylene (TCE) originating
20 from TCAAP. Carbon filtration cannot treat 1,4 Dioxane. Testing has been done and no tap
21 water within the City has exceeded the allowable limits.
22
23 City Manager Casey stated the TCAAP Agreement reserved the City's rights to bring additional
24 claims to new capital projects (but not operating expenses) necessary to treat contaminants not
25 discovered as of the 1989 settlement. All parties agree that 1,4 Dioxane is a newly- discovered
26 contaminant, and the City and Army have been negotiating potential resolutions since the
27 discovery. The First Amendment will provide $10,565,317 to the City in a lump sum payment.
28 The payment reflects the following components:
29 • 100% of the presently- estimated capital costs of the ultraviolet- oxidation treatment
30 system described to the City in the December 2015 Feasibility Study;
31 • A 20% contingency on the estimated capital costs to reflect future expense uncertainties
32 in construction the treatment system;
33 • 100% of the City's staff, administrative, engineering, testing and legal costs incurred
34 through June 2016;
35 • 100% of the costs of installing variable pumps to efficiently blend groundwater until the
36 new treatment system comes on -line; and
37 • Costs associated with lost water revenues arising from the irrigation ban and interim lost
38 use of the City splash decks.
39
40 City Manager Casey explained that in exchange for the settlement payment, the City will release
41 the Army from all claims related to 1,4 Dioxane that comes from TCAAP. The City reserves all
42 its rights regarding other possible contaminants and for 1,4 Dioxane from other possible sources.
43
44 Motion by Councilmember Stille, seconded by Councilmember Gray to approve Resolution 16-
45 066; a Resolution authoriziniz the Mayor of St Anthony Village to execute an Amended
City Council Regular Meeting Minutes
September 13, 2016
Page 5
I Settlement Agreement with the United States Army to Resolve Claims for 1,4 Dioxane Dioxane
2 Contamination Emanating from the Twin Cities Army Ammunition Plant.
Councilmember Jenson noted this action was identified in February /March of last year. Since
that time a team of the City Manager, City Engineer, City Attorney and the Army came up with a
solution.
8 Councilmember Stille commended the City Manager and City Engineer for negotiating with the
9 Army, noting residents have been very understanding and should also be commended.
10
11 Motion carried 4 -0
12
13 B. Resolution 16 -067 a Resolution Awarding a Bid for the Advanced Oxidation Process
14 Water Treatment Plant and Appurtenant Work including the Rehabilitation of the Ground
15 Storage Reservoir.
16
17 City Engineer Todd Hubmer also commended Finance Director Rueckert for pulling together all
18 the numbers for the negotiations.
19
20 City Engineer Hubmer reviewed bids were received on August 17, 2016 and were opened and
21 read aloud. Three bids were received. The base bid amounts ranged from $6,267,000 to
22 $6,385,900 and the Engineer's Construction Cost Estimate was $7,060,000 without a
23 contingency and $8,472,000 with a 20% contingency included. Included in the Bid Form were
24 seven bid options as follows:
25 IA Rehabilitate the 2 MG ground storage reservoir with a green roof
26 1B Rehabilitate the 2MG ground storage reservoir with a painted roof in lieu of a green roof
27 2 Provide a pressure transducer inside existing ground storage reservoir valve vault
28 3 Provide a pressure transducer /manhole for the water tower
29 4 Provide fire hydrant on the south side of the existing GAC building
30 5 Provide canopies on existing WTP buildings to match canopies on AOP building
31 6 Investigate, seal, and abandon Well No. 2 inside the booster station per MDH
32 requirements
33
34 City Engineer Hubmer summarized what 1,4 Dioxane is. He indicated the City well locations on
35 a map and provided a graph of the dioxane sampling results. The options to address Dioxane
36 include: Option 1 — Blend City wells; Option 2 — Construct deeper Mount -Simon Hinckley wells;
37 Option 3 — Purchase water from Minneapolis; Option 4 — Purchase water from St. Paul Regional
38 Water Services; or, Option 5 — Implement treatment for Dioxane. Mr. Hubmer stated Option 5
39 was selected by Council and recommended by City Staff. He reviewed the results of utilizing
40 Option 5 and provided a drawing of the treatment plant expansion.
41
42 City Engineer Hubmer summarized the staff recommendation to accept Bid Options 1 B, 2, 3,
43 and 6. If these options are selected the low bidder is Gridor Construction, Inc. who meets the
44 Minimum Contractor Qualifications that were specified for this project. Gridor Construction's
45 primary business focus is the construction of water and wastewater treatment facilities and staff
46 has previous experience working with Gridor Construction. Gridor Construction's base bid plus
City Council Regular Meeting Minutes
September 13, 2016
Page 6
bid option No. 113, 2, 3, and 6 is $6,614,700. Construction will begin in September 2016 with
start-up anticipated for July /August 2017.
Councilmember Stille asked about the builder and their experience in this type of project. Mr.
Hubmer stated Gridor Construction specializes in water and wastewater treatment facilities.
7 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 16-
8 067, a Resolution Awarding a Bid for the Advanced Oxidation Process Water Treatment Plant
9 and Appurtenant Work including the Rehabilitation of the Ground Storage Reservoir to Gridor
10 Construction for $6.614,700
11
12 Mayor Faust commended City Engineer Hubmer for his work on this solution.
13
14 Motion carried 4 -0
15
16 C. Request to Create a Collaborative Work Group to Conduct a Formal Racial Bias
17 Assessment of Policing by the St. Anthony Police Department and the City of St.
18 Anthony
19
20 City Manager Casey reviewed a letter dated September 7, 2016 received from Kristine Lizdas,
21 J.D. requesting the creation of a Collaborative Work Group. The letter was also signed by 42
22 others.
23
24 Ms. Kristine Lizdas, J.D., 3013 Townview Avenue, thanked the Council for giving her the
25 opportunity to speak and a positive civic engagement response. She reviewed the reason for the
26 letter. She had heard about task force discussions held by Falcon Heights City Council. They
27 have some concerns with the Tri -City Task Force. The group (Ms. Lizdas and the 42 others that
28 signed the letter) are in support of the creation of a collaborative Work Group tasked with
29 conducting a formal racial bias assessment of policing by the St. Anthony Police Department and
30 the City of St. Anthony. This Work Group would consist of representatives from the St. Anthony
31 Police Department, including the Chief; the City Administrators and/or Managers of St.
32 Anthony, Lauderdale and Falcon Heights; as well as residents, business owners, and other
33 substantially invested individuals from the three cities. The Work Group would consult with non-
34 governmental organizations experienced in conducting racial bias assessments of public
35 institutions and avail itself of existing tools and processes for identifying and mitigating racial
36 bias in said institutions.
37
38 It was noted the letter suggested the first activity would be for the proposed Work Group to take
39 part in a six -month intensive assessment of the St. Anthony Police Department. Some data has
40 already been requested by residents of St. Anthony, and Work Group members would have full
41 access to the St. Anthony Police Department's Standard Operating Procedures and policies,
42 including insurance policies and relevant City contracts. Work Group members would be
43 provided access to Police Department staff and relevant City staff /officials for interviews and
44 shadowing opportunities.
45
46 The letter continued the second activity would involve the analysis of the data collected over the
47 six -month period. The Work Group members, including the St. Anthony Chief, other officers of
City Council Regular Meeting Minutes
September 13, 2016
Page 7
1 various ranks, and City staff would participate in collaborative work sessions in which the Group
2 would map the working of the St. Anthony Police Department, identifying the points at which
3 racial bias manifests in the operations of the police department — such as through formal and
4 informal routines, department priorities, funding pressures, worksheets and forms, insurance
5 mandates, or state law.
6
7 Ms. Lizdas reviewed the question is not whether or not there is racial bias within the City of St.
8 Anthony. The final activity would be for the Work Group to develop, collaboratively, a Blueprint
9 for moving forward, which would include new forms, procedures, supervisory practices, etc. as
10 well as articulated short- and long -term goals for the Department and the three cities. The Work
11 Group members would commit to oversee implementation and long -term oversight of
12 implementation efforts, making adjustments to the blueprint as needed. The ultimate goal of the
13 collaborative Work Group is to create a model comprehensive law enforcement and municipal
14 response to racial bias that would be shared with communities around the country. Ms. Lizdas
15 stated the Police Chief must take a strong leadership role in this Work Group.
16
17 Ms. Jennifer McGuire, 3408 3151 Avenue, stated she is in support of the proposal. She distributed
18 her written statement and reviewed the results of her research. She proposed a small work group
19 be established as soon as possible to decide who should be on the larger Work Group. She
20 offered to participate in the smaller work group.
21
22 Ms. Nancy Robinett, 3408 3151 Avenue, stated she is a member of St. Anthony Villagers for
23 Community Action ( SAVCA). Ms. Robinett summarized the concerns of the SAVCA and stated
24 it is supportive of the St. Anthony Police Department but concerned with the service provided to
25 others. The SAVCA wants the police to be better. Ms. Robinett opined there have been many
26 examples of racial profiling noted at previous Council Meetings. She agrees a smaller work
27 group should be formed to come back with a preliminary plan. Ms. Robinett stated training is
28 desired and needed by the St. Anthony Police Department and support and buy -in from the
29 Police Chief and City Council are needed for the assessment to be successful. The Work Group
30 members should not be finalized this evening. Ms. Robinett suggested Ms. Kristine Lizdas
31 spearhead the preliminary smaller work group.
32
33 Mr. Jake Latter, Minneapolis, stated he would speak frankly and organically. He noted the
34 cameras in the chambers and stated he has been watching the eyes of the Council this evening
35 with the black members of the audience present. Mr. Latter stated this affects a lot of different
36 people and a teacher from Philadelphia wants to come to Minnesota. He noted Ms. Lizdas has
37 suggested a plan and if the Council does not agree, they should not be in a government position.
38 He believed more must be done, not enough is being done, and the Council has a capability of
39 righting a wrong.
40
41 Mr. Paul Verrette, 3625 Coolidge Street NE, stated he is in support of the proposal and pleased
42 with having this on the Council agenda this evening. He stated this is a good time for St.
43 Anthony to step up, some good work can be done together, and the assessment results can be
44 used by other cities.
45
46 A St. Paul resident, thanked the Council for this being on the agenda and stated he in is full
47 support of this idea and would personally like to resolve some of the issues in the Police
City Council Regular Meeting Minutes
September 13, 2016
Page 8
1 Departments in any city or state. He stated the Council of Falcon Heights did not have the
2 appropriate data. The number of people murdered by Police is 483 justifiable shootings. 1,419
3 shootings occurred. He believed there is a large number of people of color in those NON -
4 justifiable shootings. He provided comparison statistics to other countries, stating the St.
5 Anthony Police Department has murdered one person. He felt community outrage is not desired
6 in any City by officials or residents, noting while having a conversation with an officer about the
7 safety of pedestrians protesting, the officer had his hand on his gun. A photograph depicting that
8 was taken. He asked the Council to take this matter seriously.
10 Mr. John Thompson stated he was a co- worker and good friend of Philandro. He gave his
11 condolences to Councilmember Brever on her loss. Mr. Thompson stated he lost his mother this
12 morning but he came here for Philandro as the conversation needs to get started and the Police
13 Chief should be present to hear the comments. He stated he is in fear of his life if he sees a police
14 car behind him with flashing lights. He would rather be pulled over by the St. Paul Police
15 Department. Mr. Thompson believed it is well known in the black community not to travel on
16 that portion of Larpenteur. He felt this police problem has been going on for a long time and the
17 problem should be fixed for the children. He wanted the Council's support of this proposal and
18 if it needs to be tweaked, to make recommendations to tweak it.
19
20 A St. Paul resident, stated he hopes the Council takes notice of this step in the future for the
21 community. He suggested Council speak with the community.
22
23 Mayor Faust stated the Council appreciates all the comments. He explained this is a multi -prong
24 function. First, the City Manager and he will meet with the various groups. A Work Group will
25 be presented at the next Council Meeting that will include Falcon Heights and Lauderdale.
26 Mayor Faust stated some people need to be brought in that may have a different perspective. City
27 Manager Casey suggested Kristine and a small group sit down for a discussion. Mayor Faust
28 stated the entire letter is available on the website and the Council hears what is being stated. He
29 indicated this issue will not be dropped regardless of the outcome of the court case. Mayor Faust
30 stated he wants to do it right the first time and is grateful for the respect the groups have shown
31 to Council.
32
33 An unidentified speaker asked if the Work Group will be formed. Mayor Faust stated he will do
34 it as a Work Group with the cities to initiate this, noting there may be many different work
35 groups.
36
37 Ms. McGuire stated it would be nice to hear if there is a sense of support for the Work Group.
38
39 The consensus of the Council was support of the proposal.
40
41 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS
42
43 City Manager Casey reported every three years, lead and copper levels are tested and everything
44 passed with flying colors. He has been working to set up training for the entire staff for racial
45 awareness and a session will also be held for City Commissions. St. Anthony is a member of the
46 LMC and Mr. Casey serves on the Board of Directors. City Manager Casey stated race and
City Council Regular Meeting Minutes
September 13, 2016
Page 9
equity will be discussed at their upcoming Board Meeting. There are 854 member cities in the
LMC.
Councilmember Jenson stated he attended a seminar at the Wilder Foundation dealing with racial
understanding.
Councilmember Stille stated the church he attends had an event regarding racial equity. On
September 8, 2016 he attended the Community Service Advisory Council.
10 Councilmember Gray stated Council met two weeks ago tonight with the School Board. Last
11 night, he met with a community member and discussed a lot of things pertaining to this matter.
12 Councilmember Gray stated he has been working with his company to reach out to different
13 people as far as recruiting at Jazz Fest. He appreciated the opportunity to talk to people he would
14 not normally talk to and is committed to change in St. Anthony.
15
16 Mayor Faust read Councilmember Brevet's report in her absence, noting she and City Manager
17 Casey have attended meetings of the Family Services Collaborative Group and the Racial Equity
18 Network has been solicited to provide services, and they are also working with AMAZE. Mayor
19 Faust read the goals of this group.
20
21 Mayor Faust reported the Council met with the School District on August 30. He met with the
22 City Manager and the Citizens for Community Action on September 7 and a special meeting was
23 held on September 8. On September 12, he attended a regional council meeting of Mayors.
24 Mayor Faust spoke about the GreaterMSP and issues that were discussed during the past two
25 years, noting private industry is now looking race and equity as an economic issue. Today,
26 Mayor Faust attended the Mississippi Watershed meeting. He reviewed the Green Team.
27
28 VIII. COMMUNITY FORUM
29
30 Comments were voiced by an unidentified speaker. Mayor Faust asked him to leave the meeting.
31
32 Ms. Sheila Kennedy and Mr. Bill Connolly appeared before the Council. Ms. Kennedy stated she
33 has lived in Lowry Grove for 17 years and is a senior citizen. She read a prepared statement
34 about the park sale, noting they have been paying their lot rent to the Village and expect services
35 in exchange for their lot rent. She stated basic security is a management responsibility and
36 conditions in the park are deteriorating. Ms. Kennedy stated some residents are feeling pressured
37 by management on their decisions for departure and ail service has been interrupted. She noted
38 that moving is a stressful event and has caused many physical problems.
39
40 Mr. Connolly stated he is present to support Ms. Kennedy.
41
42 Ms. Joslyn, a resident of Lowry Grove, stated what is seen on the surface does not reflect what is
43 within as many residents are very comfortable in Lowry Grove. She stated she has felt safe living
44 there, the houses are very affordable in Lowry Grove, and many residents are ill and going
45 through hard times. She had been making plans to attend a local university knowing her father
46 could help her with the expenses.
47
City Council Regular Meeting Minutes
September 13, 2016
Page 10
A resident of Lowry Grove, stated her family is very affected by this issue, noting Lowry Grove
residents are like family. She stated she attends Edison High School and had told her counselor
she had to move because a lady wants to sell the community. She indicated that she found out
her credits cannot be transferred to another district and stated she and her mother need
transportation to their jobs and State Aid is not available to her family when they move.
Ms. Antonia Alvarez, resident of Lowry Grove, thanked the Council for the last meeting and
stated she believes this is the correct action. They will continue to work to save Lowry Grove.
10 Ms. Jennifer McGuire stated she supports Lowry Grove residents and encouraged Council to
11 consider the social science research base.
12
13 IX. INFORMATION AND ANNOUNCEMENTS - NONE
14
15 X. ADJOURNMENT
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Mayor Faust adjourned the meeting at 9:20 p.m.
Respectfully submitted,
Debbie Wolfe
Timesaver Off Site Secretarial, Inc.
ATTEST: J16�6
City erk
Mayor