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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 12 ,2013
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.
ROLLCALL.
Present:
Absent:
Also Present :
Guests:
Mayor Faust; Councilmembers Gray, Jenson, Roth , and Stille.
None.
City Manager Mark Casey, Police Chief John Ohl , Officer Tressa Sunde, and Finance
Director Shelly Rueckert.
Planning Commissioner Erica Crone
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
24 I. APPROVAL OF NOVEMBER 12,2013 CITY COUNCIL MEETING AGENDA.
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Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of November 12,2013.
Motion carried unanimously.
PROCLAMATIONS AND RECOGNITIONS
A. Recognition of the 2013 Citizen's Academy Graduating Class. Chief John Ohl is
presenting.
Police ChiefOhl thanked the Council for allowing the 2013 Citizen's Academy Class to graduate
at this Council meeting. He shared how the Council and staff have held discussions on ways to
engage citizens and that the Citizen 's Academy is one of those ways. He said the class involves
a long time commitment and that he hopes the attendees thought it was worthwhile. Chief Ohl
shared that he will be holding another graduation at the City of Lauderdale later this evening.
Officer Sunde said this class includes a wonderful group of new residents who were interested in
learning more about the Police Department. She said the Academy allows residents to
understand what it is like to do our job, adding that for eight weeks attendees take time out of
their busy schedules and thanked everyone for their participation . Officer Sunde shared the
Academy 's curriculum that includes a tour of the department, patrol and criminal procedures,
OWl and drug recognition laws, use of force, shoot/don 't shoot scenarios, crime lab , and canine
officers . She stated this is a great program that involves a lot of participation.
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City Council Regular Meeting Minutes
November 12 ,20 13
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Monica Long, attendee, thanked the City for presenting this program , sharing that they learned a
lot about the danger involved in police duties as well as the need to make quick decisions. She
said she enjoyed meeting the many officers on staff, adding she was amazed to learn what police
officers can and cannot do in their jobs. Ms. Long said all the officers all do their jobs very well
and that they are very bright and ethical.
ChiefOhl thanked Ms . Long for her comments, then echoed Officer Day 's comments and shared
how this was a very entertaining class. Chief Ohl then introduced the 2013 class.
Mayor Faust said he recently heard comments from both Lauderdale and Falcon Heights about
the great work the officers were doing with this program and that St. Anthony is very fortunate to
have such a great program. He said the Academy provides some insight into what police officers
have to go through and while it can seem easy to say "what if' sometimes this program helps
provide a method to discover what is needed to have a civil community. Mayor Faust
encouraged attendees to become ambassadors for this program , adding it is the City's intent to
keep thi s program going because it works so well to connect residents through other programs
suc h as Summer Survival School and Community Policing. He said that by calling 911 people
can become the eyes and ears of the City and thanked the attendees for being residents of this
community.
B. Presentation by the University of Minnesota Sustainability Students.
Claire Baglein , University of Minnesota, and Amy Donlin, Center for Energy and Environment,
shared how sustainability has become part of a large, grassroots movement across the country
and is an issue that involves almost every topic . They invited the public to attend their upcoming
sustainability event on Thursday, November 14 ,2013 at Silverwood Regional Park from 5 :30-
8:00 p .m. They stated how proud they are to be working with the cities of St. Anthony,
Lauderdale, and Falcon Heights on this event, and complemented the City on being a Greenstep
City as this is not an easy accomplishment to achieve. They shared that the event will include
sessions on sustainable ideas for food growth, reducing fossil fuel dependency, and water heater
efficiencies, as well as music, food , and many exhibitors and encouraged everyone to attend.
C. Presentation by Ramsey County Commissioner Mary Jo McGuire.
Mayor Faust introduced Ramsey County Commissioner Mary Jo McGuire.
Commissioner McGuire said it was great to be back in the City and that she was excited to be
representing St. Anthony at the County level. She shared that she had deep roots in this
community and a long history as her father was a member of the first high school graduating
class. Commissioner McGuire said she was excited about the upcoming sustainability event and
the community's dedication to sustainability, then congratulated the Citizen's Academy
graduates and thanked the officers and everyone involved.
Commissioner McGuire shared her background, stating that she has been a lifelong resident and
represented this area for 14 years in the legislature . She updated the Council on County
activities with public health and public safety, parks and recreation , roads, and libraries, adding
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City Council Regular Meeting Minutes
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that the County serves 17 suburban communities in addition to St. Paul. Commissioner McGuire
said she serves on the Legislative Committee that recently presented a bonding package for
transportation and transit as well as a connecting and gathering package for the T-cap area and
transit corridors along Redrock and Gateway corridors. She said they are also asking for help
with state-wide assets like the winter recreation area in Battle Creek to develop cross country
skiing opportunities. She referred to the Landmark Center that hosts concerts and other free
events and that they will be asking for assistance from the Legislature to help renovate its
interior.
Commissioner McGuire shared that she is also the co-chair to the Active Living Ramsey
Communities Coalition who promotes being physically healthy through methods such as biking,
walking, etc. She stated she is also liaison to the Ramsey Library Board, 1-35W Committee, and
CTIB, and then shared information on the County's work on the budget, which is being proposed
at a zero percent increase in tax levy. She said they will be finalizing the budget in November
and approving it in December, which will include a public hearing so she encouraged the public
to attend the hearing on November 25 at St. Paul Central High School.
Commissioner McGuire said the State gave authority for a $10 wheelage tax payable with annual
tabs to help with road needs, adding all the funds stay in Ramsey County. She shared
information on the annual Transportation Improvement Program and their work on improvement
projects. She stated that she met with the Mayor, City Manager and Police Chief recently on
issues such as computer assisted dispatch , records management system, communication between
all cities, and flooding around Silver Lake Road, which is actually a regional issue that they hope
to have some action on soon. Commissioner McGuire shared updates on roads, adding that they
have federal funding for County Road D or 37 including blue lights and countdown timers for
pedestrians. She stated that communication is key to staying connected on issues and how
important it is to work together. Commissioner McGuire thanked everyone for their work in this
community.
Council member Stille thanked Commissioner McGuire for attending, stating that in Roseville on
County Road C the wheelage tax funds will be spent on the border of Hennepin County and that
a continuation with this project may be a good idea. He said two commissioners representing the
City is good to have and that help to focus on walkability, transportation , sidewalks or bike trails
may be needed for the 2016 project.
Commissioner McGuire said this need is good to know, adding the Active Living Coalition is
important to continue paths and not have projects stop at borders. She said she will work with
Commissioner Linda Higgins on this effort.
Mayor Faust thanked Commissioner McGuire for her work and for taking the lead on flooding
issues. He said sometimes issues can get lost in the scheme and the northeast diagonal will be a
natural tie with Roseville and a benefit to having two County Commissioners representing St.
Anthony. He adding that Ramsey County provides CDBG funds and without it we would not
have been able to do the senior building near the Landing and that this tool is advantageous for
everyone involved. Mayor Faust thanked Commissioner McGuire for her time and future
opportunities and successes.
City Council Regular Meeting Minutes
November 12,2013
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Commissioner McGuire said it is important to have open conversations on these important
issues, adding she was happy to help with the flooding issues , which is unusual in the metro area.
She said education is important regarding these needs. She noted that she wanted to be
appointed to the Northeast Diagonal Committee as this is always on her radar as part of CTIB
and funding. She said that affordable housing is supported by the Board and that she hopes to
continue to make these funds available.
CONSENT AGENDA.
A. Consider October 22 , 2013, Council meeting minutes;
B. Consider licenses and permits;
C. Consider payment of claims; and
D. Consider Resolution 13-069; a Resolution to Authorize the City ofS!. Anthony Village in
Partnership with the St. Anthony-New Brighton School District #282 to Apply for a
Grant from the Minnesota Twins Community Fund for Improvements of Central Park
Softball/Baseball Dugouts.
Mayor Faust noted that Item D is for endowment funds from a grant and that the action is needed
as part of a fiduciary responsibility for approval. He stated that half of the amount will come
from other sports booster clubs.
Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve the Consent
Agenda items.
Motion carried unanimously.
PUBLIC HEARING.
A. Ordinance 2013-03; an Ordinance to Set Fees for 2014. Shelly Rueckert, Finance
Director, presenting. (First Reading).
Mayor Faust opened the public hearing at 7:47 p.m.
Finance Director Rueckert presented the 2014 proposed utility rates, noting the hearing is for
setting fees for water, sewer, storm water, and establishing a rate for a solar permit process. She
shared a presentation on how proposed utility rates can help encourage conservation, shared
trends and estimated costs, and outlined the decline in operating expenses that resulted from debt
refinancing. Finance Director Rueckert shared information on the proposed rates and how it will
affect quarterly bills within each of the various tiers, adding that multi-year helps keep rates
equal and focuses on fiscal responsibility.
There being no additional public input, Mayor Faust closed the public hearing at 7:55 p.m.
Councilmember Jenson inquired about purpose of surcharge. Finance Director Rueckert said
this is a state surcharge from the Health Department, which is passed through.
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City Council Regular Meeting Minutes
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Councilmember Jenson referred to the storm water rate increase of 2.5% and how that works
with the road replacement program . Finance Director Rueckert said this program started a
couple years ago as they have debt service for storm water improvements so the 2.5% covers
inflationary costs for future projects as the debt service falls off. She said the hope is to not have
debt service as a result or at least mitigate the amount.
Mayor Faust said the rate has remained stable since 1998 so after 14 years the need is now.
Councilmember Stille said this action makes this enterprise self-sufficient and that expenses
exceed revenue now and he does not want to have other funds support this.
Councilmember Gray said he is not sure how much water we will actually sell so this will allow
for a way to provide a cushion if needed.
Motion by Council member Roth , seconded by Councilmember Stille, to approve First Reading
of Ordinance 2013-03; an Ordinance Amending Sections §33.036 Water Rates and §33.061
Miscellaneous Permits of the St. Anthony City Code.
Mayor Faust referred to the need to include solar permits now as part of the code codification.
Motion carried unanimously.
B. Ordinance 2013-04; an Interim Ordinance Imposing a Moratorium on the Creation,
Establishment or Operation of Businesses that Sell Electronic Cigarettes and on the
Sampling of Electronic Cigarettes and Related Products in Business . Mark Casey, City
Manager, presenting.
Mayor Faust opened the public hearing at 7:59 p.m.
City Manager Casey stated the Council is asked to take three action items after the public
hearing. He shared the proposed ordinance will impose a moratorium regarding electronic
cigarettes which will prohibit on-site sampling. He said the moratorium will be in effect for 12
months to allow staff to commission a study of the effects of electronic cigarette businesses on
land use regulations and potential changes.
There being no additional public input, Mayor Faust closed the public hearing at 8:02 p.m.
Council member Stille asked ifthere has been any update from the State regarding this topic .
City Manager Casey said electronic cigarettes are being reviewed at both the State and national
level but that not much is known yet.
Councilmember Stille said this is the reason for the moratorium to allow the State time to
research the topic. He said while the City does not want to have to do this they need to learn
how this could impact situations.
Mayor Faust added that the moratorium will allow them time to learn what we do not know and
how to handle land use questions surrounding this type of business.
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City Council Regular Meeting Minutes
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V.
Council member Jenson said the League of Minnesota Cities as well as cities are reviewing this
as well, including most recently Duluth. He said St. Anthony is not the only city being
conservative regarding this topic.
Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Ordinance
2013-04; an Interim Ordinance Imposing a Moratorium on the Creation, Establishment or
Operation of Businesses that Sell Electronic Cigarettes and on the Sampling of Electronic
Cigarettes and Related Products in Business.
Motion carried unanimously.
C. Resolution 13-070; a Resolution Adopting Ordinance No. 2013-04. an Ordinance
Imposing a Moratorium on the Creation. Establishment or Operation of Businesses that
Sell Electronic Cigarettes, and on the Sampling of Electronic Cigarettes and related
Products in Businesses. Mark Casey, City Manager. presenting.
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution
13-070; a Resolution Adopting Ordinance No. 2013-04 , an Ordinance Imposing a Moratorium
on the Creation , Establishment or Operation of Businesses that Sell Electronic Cigarettes , and on
the Sampling of Electronic Cigarettes and related Products in Businesses.
Motion carried unanimously.
D. Resolution 13-071; a Resolution Authorizing a Study Regarding Regulation of Electronic
Cigarettes and Related Devices . Mark Casey, City Manager, presenting.
Mayor Faust asked if this action will still allow bar establishments to have electronic cigarettes.
City Manager Casey said the moratorium would have no effect on individual establishments on
their property but is directed at vaping lounges or areas to sample and its potential land use
impact.
Mayor Faust said this will allow the businesses an opportunity to do right thing.
Council member Roth clarified the action will not allow any business to sell or sample on site to a
customer. City Manager Casey said that is correction, adding this applies only to those
businesses with tobacco licenses and any new sellers of electronic cigarettes.
Motion by Council member Gray, seconded by Councilmember Jenson, to approve Resolution
13-071; a Resolution Authorizing a Study Regarding Regulation of Electronic Cigarettes and
Related Devices.
Motion carried unanimously.
REPORTS FROM COMMISSION AND STAFF.
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City Council Regular Meeting Minutes
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A. Resolution 13-072; a Resolution Approving a Variance from the Required Side Yard
Setback in Order to Construct a Stairway I-foot from the Property Line along the North
Side of the Property to Access a Garage Attic on the Property located at 3400 Harding
Street NE. Erica Crone, Planning Commissioner, presenting.
Planning Commissioner Crone summarized the request of Carla and Paul Peterson for a variance
to allow for a stairway within five feet of the side property line for the purpose of providing
access to attic space above the garage. She shared the staff report and aerial of the proposed
request.
Councilmember Jenson said he thought the level of detail very thorough and well thought-out.
He asked if the applicant had contacted the neighbor to the north about the proposal. Planning
Commissioner Crone said the applicant had contacted the neighbor.
Mayor Faust inquired about storing flammable products on site and if the applicant would be
holding any public sale or viewing opportunities at this location. Planning Commissioner Crone
said the applicant would be responding but noted the business is only intended for use as an art
studio and not for viewing.
Mayor Faust said he did not want to see the stairwell protrude into the driveway.
Council member Roth asked if the proposed staircase will be open. Planning Commissioner
Crone said the staircase will be an open style.
Council member Roth asked if the variance was approved if the structure could be enclosed.
Planning Commissioner Crone said that action would require another variance process.
Carla Peterson, applicant, stated that she had contacted the neighbor to the north who was
excited about the studio and no concerns.
Mayor Faust asked what kind of product will be used in the studio and if they will pose any fire
hazards. Ms. Peterson said they use a non-flammable material acrylic in their work but noted
that they had to tie a smoke detector system into their home due to current code.
Mayor Faust referred to the intent for public viewing and sales. Ms. Peterson said the intent is
for primary space to create art, adding they sell at galleries, art events, and fairs. She noted there
will be no signage posted in their yard.
Mayor Faust inquired about the new staircase design that does not protrude. Ms. Peterson said
they changed contractors and have scaled the project with the proper slope so the staircase no
longer protrudes into their driveway. Ms. Peterson shared a presentation depicting the reasons
for the request and why it would not work within their home.
Motion by Councilmember Stille, seconded by Council member Jenson, to approve Resolution
13-072; a Resolution Approving a Variance from the Required Side Yard Setback in Order to
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City Counci l Regular Meeting Minutes
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Construct a Stairway I·foot from the Property Line along the North Side of the Property to
Access a Garage Attic on the Property located at 3400 Harding Street NE.
Motion carried unanimously.
B. Ordinance 2013-05; an Ordinance Amending Chapters § 152.176. § 152 .179 and § 152.180
Pertaining to Accessory Buildings and Driveway. Erica Crone. Planning Commissioner,
presenting
Planning Commissioner Crone summarized the ordinance amendments proposed to Chapters
pertaining to accessory buildings and driveways. Key amendments include minimum setbacks,
height, number of buildings, size, garage door openings, and residential driveway standards.
Mayor Faust clarified that we have been working on these amendments since early spring by
reviewing various garage and driveway issues as a way to preserve what we have. He noted
these amendments will have no effect on any current driveways but that homeowners cannot
expand their driveway if within five feet of the setback.
Council member Stille referred to instances when buildings are taller than the eight-foot garage
height and how bad it looks , adding they want to maintain the integrity of the City's housing
s tock.
Motion by Co uncilmember Jenson, seconded by Councilmember Gray, to approve Ordinance
2013-05; an Ordinance Amending Chapters §152.176, §152.179 and §152.180 Pertaining to
Accessory Buildings and Driveway.
Mayor Faust said while it may seem that the process went quickly the Planning Commission did
discuss this at length through many meetings and public hearings and that the topic was well
vetted.
City Manager Casey said that prior to the end of2012 the Planning Commission had shared with
Council a list for their work plan. He said the Commission is currently working on their 2014
work plan of additional code items for review, which will be included at a future meeting for
adoption.
Motion carried unanimously.
Mayor Faust thanked the Planning Commission for their work on these important items for the
community and its values.
41 VI. GENERAL BUSINESS OF COUNCIL.
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A. Resolution 13-073; a Resolution to Allow the City of St. Anthony Village to Re-Open the
Three (3) Union Contracts for 2014 Health Insurance Premiums and Authorize the Mayor
and City Manager to Execute Such Contract. Mark Casey. City Manager. presenting.
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City Council Regular Meeting Minutes
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VII.
City Manager Casey reviewed the resolution with the Council and explained the re-opener was
necessary due to the unknown 2014 health insurance premium costs as part of the Affordable
Care Act. He said these costs have been resolved and that staff is now looking for authorization.
Motion by Councilmember Gray, seconded by Councilmember Roth , to approve Resolution 13-
073 ; a Resolution to Allow the City ofSt. Anthony Village to Re-Open the Three (3) Union
Contracts for 2014 Health Insurance Premiums and Authorize the Mayor and City Manager to
Execute Such Contract.
Motion carried unanimously.
B. Resolution 13-074; a Resolution Adopting the St. Anthony Village Flood and Drainage
Assistance Policy. Mark Casey. City Manager. presenting.
City Manager Casey reviewed the resolution with the Council and indicated that the policy
would assist St. Anthony Village homeowners with the resources to construct the necessary
drainage infrastructure to help alleviate the flooding and drainage issues. He said the program
max per parcel of $l 0 ,000 and overall funding of $l 00,000 for entire program.
Mayor Faust said it is important to know that we have had areas of issue with flooding and that
this is a cooperative spirit to encourage property owners to help correct the problems. He said
while property owners pay the vast majority this will help and is a good policy.
Motion by Councilmember Stille, seconded by Councilmember Jepson, to approve Resolution
13-074 ; a Resolution Adopting the St. Anthony Village Flood and Drainage Assistance Policy .
Motion carried unanimously.
C. Canvass the 2013 Municipal General Election Results. Mark Casey, City Manager.
presenting.
City Manager Casey presented the 20 l3 municipal general election results and indicated that of
542 voted ballots 494 were for Councilmember Stille and 484 were for Councilmember Jenson.
He said there were 23 write-ins and that overall voter turnout was 10.5%.
Motion by Councilmember Roth, seconded by Councilmember Gray, to accept the canvass of the
20 l3 municipal general election results.
Motion carried unanimously.
REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Casey reported on the following:
• The City participated in an electronic roster study as part of the 2013 election and that
when the voter survey is completed s taff will share the results.
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City Council Regular Meeting Minutes
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• Hennepin County utilized new voting equipment for the 2013 election, which worked
well and was incident free. He thanked the City Clerk and election judges for providing a
seamless election process.
• Recent news media coverage from the City of Woodbury on failing streets. Staff has
reevaluated City streets and none contain deterioration. He noted the reason for
deterioration in Woodbury was due to bad mix and base applied and curing, adding the
City has programs in place to maintain the highest standards. He said they have a solid
program for sealing and maintenance of streets.
• Fire Chief John Melnick resigned after 30 years and was pleased to announce that Mark
Sittar will be the new Fire Chief beginning December. He said information on a public
open house for former Fire Chief Melnick will be shared soon.
Mayor Faust thanked City Clerk Barb Suciu and the election judges on how well they managed
the new voting equipment. He said their efforts were appreciated and they will be ready for next
year's election.
Councilmember Roth -No report.
Council member Stille reported that he attended the October 24 Chamber fund raising event for
adopt a family , the October 29 joint meeting with the school district, the October 29 Council
worksession, and the November 4 Regional Council of Mayors meeting as a guest where they
heard from the Federal Reserve which covers 16 counties. He shared the Community
Reinvestment Act goals and how banks reinvest in the community and Greater MSP to sell our
region, which is why we need to be involved and invest in transportation.
Council member Gray reported that he attended the North Suburban Communications
Commission, budget meeting, and Council work session on October 29.
Councilmember Jenson reported that he attended the October 25 Kiwanis meeting as liaison,
helped serve at Halloween event at the Community Center, attended the October 29 joint
meeting with the school district and worksession, attended the November 6 as liaison to the
Community Services Advisory Council bi-annual meeting, served November 7 with the Kiwanis
to stuff bags for the Junior High School Key Club, and will be attending as liaison for the St.
Anthony orchestra concert on December 13.
Mayor Faust reported that he attended the flag raising event on October 29, met with Hennepin
County on October 29 regarding complete streets concept and shared Commissioner Dorfman's
interest and excitement over Silverwood, attended the October 29 joint meeting with the school
district followed by the worksession and meeting with Commissioner McGuire, attended the
November 6 meeting with the Hennepin County Assessor regarding an update on how St.
Anthony has maintained its value during the economic downturn, and finally participated in the
November 8 Planning Committee meeting for the annual LMC conference that will be held June
18-20 in St. Cloud. Mayor Faust noted the great efforts being made by the RCM and Greater
MSP and how they will be forwarding more information on how we can playa role and be more
proactive in transportation and education in our area. He added that he attended the Mississippi
Water Management Board meeting where information was shared on completing landscaping
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City Council Regular Meeting Minutes
November 12 ,20 13
Page II
with walking paths to the river that will include native grasses for run-off and public art for
identification . He said they will need a variance from the Minneapolis Planning Commission but
the approved budget includes $5.5 million. Mayor Faust concluded that he will be attending the
Sustainability event on Thursday, November 15 and the annual meeting of the Historical Society
on Saturday November 16.
Councilmember Roth referred to the Sister City annual meeting to be held on Sunday, November
17 ,20 13 , at 7:00 p.m. in the Council Chambers.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMENTS.
None.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:42 p .m .
Respectfully submitted,
Cathy Sorensen
TimeSaver OffSile Secretarial, Inc .
ATTEST: etUb1u~u
City Clerk
£~~~
Mayor