HomeMy WebLinkAboutCC PACKET 02082011H.R.A. meeting immediately
following Council meeting
CITY OF ST. ANTIMONY VILLAGE
CITY COUNCIL MEETING AGENDA
February 8, 2011
7.00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the following items:
I. Approval of the February 8, 2011, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Swearing In of Police Officer Lucas Power.
III. Consent Agenda..
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a
Cazrncilmember or citizen so requests, in which event the item will be removedfrom om the Consent agenda and placed elren�here on the agenda.
A. Approval of January 25, 2011, Council Meeting Minutes. (pp. 1 — 6)
B. Licenses and Permits. (p. 7)
C. Claims. (pp. 8 — 9)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 11-019; Concerning the Commencement of Formal Renewal Proceedings under the Federal Cable
Communications Police Act of 1984, as Amended. Councilmember Roth, presenting. (pp. 10 —17)
B. Resolution 11-020; Authorizing the City of St. Anthony to Participate in the Minnesota GreenStep Cities
Program. Jay Hartman, Public Works Director, presenting. (pp. 18 -22)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda. Speakers are regzrested to conte to the podium,
sign their name and address on the form at the podium, state their name and address for the Clerks record, and limit their remarks to five
minutes. Generally, the City Council will not take official action on items discussed at this time, but may typicaly refer the matter to stafffor
for
a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
FACouncil Meetings\201 1\0208201 1\agenda.doc
St. Anthony Police Department
I, LUCAS POWER, DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE
CONSTITUTION OF THE UNITED STATES, THE LAWS OF THE STATE OF
MINNESOTA AND THE ORDINANCES OF THE CITY OF SAINT ANTHONY.
ON MY HONOR, I WILL NEVER BETRAY MY BADGE, MY INTEGRITY, MY
CHARACTER OR THE PUBLIC TRUST.
I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND
IMPARTIALLY DISCHARGE MY DUTIES AS A LAW ENFORCEMENT
OFFICER IN PROVIDING ASSISTANCE AND SERVICE TO ALL THAT
LOOK TO ME FOR HELP TO THE BEST OF MY ABILITY.
FEBRUARY 8, 2011
POLICE OFFICER POWER
MAYOR
CHIEF OF POLICE
1
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 JANUARY 25, 2011
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mike Mornson, Mike Larson, Liquor Operations Manager, Assistant
18 Liquor Operations Manager Kevin Morelli, and Liquor Stores Manager Bill Haugen.
19
20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALI, OF THE FOLLOWING
21 ITEMS.
22
23 I. APPROVAL OF JANUARY 25, 2011 CITY COUNCII. MEETING AGENDA.
24
25 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the City
26 Council Meeting Agenda of January 25, 2011.
27
28 Motion carried unanimously.
29
30 II. PROCLAMATIONS AND RECOGNITIONS.
31
32 None.
33
34 III. CONSENT AGENDA.
35
36 A. Consider January 11, 2011 Council meeting- minutes;
37 B. Consider licenses and permits;
38 C. Consider payment of claims; and
39 D. Resolution 11-017; Acceging a Donation from a St. Anthony Resident to the St.
40 Anthony Police Department's DARE Program.
41
42 Motion was made by Councilmember Jenson, seconded by Councilmember Gray, to approve the
43 Consent Agenda items.
44
45 Motion carried unanimously.
46
47 IV. PUBLIC HEARING.
48
49 None.
City Council Regular Meeting Minutes
January 25, 2011
Page 2
V. REPORTS FROM COMMISSION AND STAFF.
4 None.
6 VI. GENERAL. BUSINESS OF COUNCIL.
7
8 A. Resolution 11-018; Approving the Contract with Greater Metropolitan Housing
9 Corporation. Suzanne Snyder, Greater Metropolitan Housing Corporation presenting.
10
11 Ms. Suzanne Snyder and Ms. Denise Eloundou of Greater Metropolitan Housing Corporation
12 (GMHC) provided the Council with an update on the contract between GMHC and the City of
13 St. Anthony. The contract relationship was started in 2002. The cost for the annual contract is
14 $12,500, which is the same fee as 2009 and 2010.
15
16 Ms. Snyder and Ms. Eloundou provided an overview and answered questions of the City Council
17 on the following services provided by the GMHC Housing Resource Center Program: 1) Rehab
18 Advisory Services; 2) Home Improvement Loan Programs; 3) Refinance / Referrals. Ms. Snyder
19 provided an overview of the proposed contract for 2011 between GMHC and the City of St.
20 Anthony.
21
22 It was noted for the public that those in need of mortgage foreclosure prevention and the energy
23 assistance program should contact GMHC for assistance at the Housing Resource Center — 612-
24 378-7985.
25
26 Ms. Snyder indicated that GMHC will be working with Community Education to put together a
27 presentation forum seminar for the community. A potential seminar would be for seniors
28 regarding available home maintenance resources. GMHC may also have a table at the farmers
29 market to meet residents and inform them about available programs.
30
31 Councilmember Stille requested that moving forward, the Housing Resource Center Status
32 Report itemize Services by Year rather than Services by Month.
33
34 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution 11-
35 018; Approving the Contract with Greater Metropolitan Housing Corporation.
36
37 Mayor Faust commended the staff of the GMHC Housing Resource Center for their work and
38 stated his support of the organization working with Community Services.
39
40 Motion carried unanimously.
41
42 B. Liquor Operations Annual Report. Mike Larson, Liquor Operations Manager, presenting
43
44 Liquor Operations Manager Larson presented the Liquor Operations 2010 Annual Report. The
45 report and follow up discussion with Council focused on the following information:
46 Background; Mission Statement; The Value of a Municipal Liquor Operation; 2010 Summary of
City Council Regular Meeting Minutes
January 25, 2011
Page 3
1 Sales; Breakdown of Sales / Sales by Category; Five Year Profit History; 10 Year Profit History;
2 Auditor's Report / State Averages; Awards; Guest Appearances & Events; Customer Survey
3 Results.
4
5 It was noted that overall inventory is between eight and nine turns per year. An eight time turn
6 ratio per year should lead the industry in the northeast suburb area. It was also noted that the
7 current liquor stores are new facilities owned by the City that were part of a redevelopment plan.
8 The new, updated facilities have attracted more customers and resulted in an improvement from
9 the stagnant sales prior to the move.
10
11 Mayor Faust commented that the redevelopment also resulted in property going back on the tax
12 roll. He commended the liquor operations staff for the excellent results in compliance checks
13 and on the well run operation that has attracted private owners to request tours for ideas and tips
14 in their operations.
15
16 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
17
18 City Manager Mornson reported on the following:
19 • January 12, 2011 telecommunications meeting at the new offices for the North Suburban
20 Cable Commission. A resolution regarding the franchise renewal with Comcast will be
21 included on the February 8, 2011 City Council meeting agenda.
22 • The independent auditing firm will begin the audit process the first week of February.
23 • A joint powers agreement for the SWAT Organization will be included on the February
24 8, 2011 City Council meeting agenda.
25 • There are currently two vacancies on the Police Department. Potential timeline for
26 swearing in is February or March.
27 • The 2011 Goals presentation is scheduled for the February 22, 2011 City Council
28 meeting.
29 • ISD #282 School Board Member Leah Slye will be presenting information on a
30 foundation that will provide funds for school programs.
31
32 Councilmember Stille reported on his attendance at the January 13`x' and 101 City Council Goal
33 Setting Session.
34
35 Councilmember Gray: No report.
36
37 Councilmember Jenson reported on: 1) his attendance at the January 13`x' and 10' City Council
38 Goal Setting Session; 2) upcoming events to place orders for the Historical Society book on the
39 history of St. Anthony.
40
41 Councilmember Roth reported on his attendance at the January 13`x' and 14"' City Council Goal
42 Setting Session.
43
44 Mayor Faust reported on the following:
3
City Council Regular Meeting Minutes
January 25, 2011
Page 4
1 • January 13th and 14`h City Council Goal Setting Session. He thanked the City Council
2 members for taking time off from work to attend the session. A presentation on the goals
3 will be provided for the public in February.
4 . January 18, 2011 Chamber of Commerce meeting. Hennepin County Chief Judge James
5 Swenson spoke regarding District Court. The City Manager will be scheduling a time for
6 members of Judge Swenson's office to provide a report to the City Council regarding the
7 types of issues to expect when there are cuts made to the core services of the Judge.
8 • ISD #282 School Board Member Leah Slye will be presenting information on a
9 foundation that will provide funds for school activities such as speech team, music, arts,
10 etc.
11 • January 24, 2011 Senior Services Advisory "Coffee with the Mayor". Another event will
12 be scheduled to reach out to individuals who did not get a chance to speak.
13
14 VIII. COMMUNITY FORUM.
15
16 Mayor Faust invited residents to come forward at this time and address the Council on items that
17 are not on the regular agenda.
18
19 Mr. Steven Fuller, 270129"' Avenue NE, addressed the City Council and requested clarification
20 on the location of right-of-way after the reconstruction of 29°i Avenue was completed. He stated
21 his concern that the City is now plowing the sidewalks and dumping the snow with the street salt,
22 etc. in the yards along 291h Avenue. Mr. Fuller stated he has been working to fix the retaining
23 wall that is on the edge of his property since 2002. He questioned whether the City Council
24 intends to amend the City Code that currently states residents are responsible for snow on the
25 sidewalks.
26
27 Mayor Faust informed Mr. Fuller that it has been the policy of Public Works to repair damages
28 to fences that were caused by the City. He is not aware of any interest by the City Council in
29 changing the policy regarding snow removal on the sidewalks.
30
31 City Manager Morrison explained that the City Attorney recommended that the ordinance as it
32 relates to snow removal remain as drafted. He reviewed the ice control policy, noting that it has
33 been reviewed by the City Attorney and the League of Minnesota Cities Insurance Trust Fund.
34 He stated there have been many compliments from the public regarding snow removal from the
35 sidewalks and direction from the City Council has been to have a walkable city.
36
37 Mr. Fuller explained that his reason for addressing this issue is to note the need to be very careful
38 on where the snow is placed. He stressed his concern regarding the damage the salt from the
39 dumped snow will cause to his sod. He reiterated his request to be provided clarification on the
40 location of the right-of-way.
41
42 Mayor Faust informed Mr. Fuller that the City Attorney will review where the City is allowed to
43 put the plowed snow.
44
45 Ms. Julie Kolmer, 2705 29th Avenue NE, addressed the City Council and stated she is present to
46 voice her grave concern about the snow being dumped on her property. Ms. Culver submitted
51
City Council Regular Meeting Minutes
January 25, 2011
Page 5
photographs of her property and stated she is uncomfortable with the City removing snow from
the street and boulevard into her yard and is very concerned about the weight of the snow being
dumped on the retaining wall. She informed the Council of the effort and money put into her
yard with backfilling and landscaping after the reconstruction of 29`h Avenue. She stated the
snow is being dumped at least 15 feet into her yard and that there is also a safety concern as she
is unable to see if there are pedestrians when she is driving out of her driveway.
8 Mayor Faust informed Ms. Kohner that someone from the City will be in touch with her in
9 regard to her questions and concerns.
10
11 Councilmember Roth requested the City Manager to report back to the City Council with
12 information on who owns the retaining walls that have been put in with street reconstruction
13 projects throughout the City.
14
15 Mr. Brian Buck, 3609 33`d Avenue, addressed the City Council and stated he is present to
16 broaden awareness on the rezoning on Old Highway 88 and 33`d Avenue in Roseville, kiddy -
17 corner from his house. There are currently two parcels with single family homes in this location,
18 the property is guided for high density, and Roseville has gone through the process to align the
19 zoning map with the comprehensive plan. He stated his concern is that the community's ability
20 to provide input has not been present during this process. Mr. Buck stated high density does not
21 fit the character of this neighborhood, and that there are many valid reasons why the City of
22 Roseville could have considered a compromise at medium density, which is what was
23 recommended by the Planning Commission. There has now been turnover of two of the city
24 council members in Roseville and there is precedent in the comprehensive plan for moving away
25 from high density in this neighborhood. There has been a lot of opposition from the community
26 and a lot of involvement at public meetings. Mr. Buck stated his propose of broadening
27 awareness of the rezoning, determining if the City Council shares his concern, and exploring
28 whether more support could be built to move towards medium density with the rezoning.
29
30 Mayor Faust informed Mr. Buck that typically the residents that vote have more influence than
31 other elected officials and that more could be accomplished if the elected officials are more
32 subtle in their approach than backing the other city into a corner by attending their meetings.
33
34 Councilmember Stille suggested discussing the topic at the next City Council work session in
35 order to keep abreast of the situation. He informed Mr. Buck that the City of Roseville has
36 indicated that City Manager Mornson will be kept informed of further actions.
37
38 Mr. Buck reiterated his concerns regarding the rezoning and the lack of resident involvement in
39 the process.
40
41 Mr. Fuller addressed the City Council and stated his position that the plowing equipment will
42 remain in better condition and will do a better job of scraping the snow if the drivers slow down.
43 He suggested that the City consider replacing a couple of the squad cars included in the budget
44 with four door pickup trucks.
45
46 IX. INFORMATION AND ANNOUNCEMENTS.
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
City Council Regular Meeting Minutes
January 25, 2011
Page 6
Mayor Faust announced the Middle Mississippi Watershed Management Organization
publication, The Drift, is available. He announced that he has been asked to speak at the 10`x'
Annual Road and Salt Symposium in February.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:43 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor
0
Saint Anthony Village
DATE: February 8, 2011 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Quality Services, St Louis Park, MN
in's Heating & Cooling, Hugo, MN
Tim Manning
3404 Roosevelt St
US BANK ST. ANTHONY VILLAGE g
CHECK REGISTER
VENDOR #
PAYEE
CHECK#
DATE
AMOUNT
8634
DRIVER & VEHICLE SERVICE
14171
1/27/2011
$1,167.15
8789
POST BOARD
14172
1/27/2011
$90.00
9256
ALLIED MEDICAL PRODUCTS
14177
2/9/2011
$49.41
7201
APACHE GROUP
14178
2/9/2011
$202.29
8237
ASPEN MILLS
14179
2/9/2011
$14.64
9348
ASSN OF MN EMERGENCY MGMT
14180
2/9/2011
$100.00
320
BEISSWENGER'S
14181
2/9/2011
$31.17
4293
BELLBOY CORP.
14182
2/9/2011
$14,988.42
9778
BERNICK'S
14183
2/9/2011
$531.32
4662
BOURGET IMPORTS
14184
2/9/2011
$97.50
7168
BOYER TRUCKS, INC.
14185
2/9/2011
$251.10
4231
CAPITOL BEVERAGE SALES
14186
2/9/2011
$11,739.30
610
CATCO
14187
2/9/2011
$115.55
4080
CHISAGO LAKES DISTRIBUTING
14188
2/9/2011
$1,902.22
4095
COCA COLA BOTTLING COMPANY
14189
2/9/2011
$709.50
9820
CRYSTAL SPRINGS ICE
14190
2/9/2011
$241.97
8557
DAILEY DATA & ASSOCIATES
14191
2/9/2011
$281.25
7371
DISCOUNT STEEL, INC.
14192
2/9/2011
$16.00
9274
ELK RIVER FORD
14193
2/9/2011
$17,437.73
8697
EXTREME BEVERAGE
14194
2/9/2011
$335.00
8340
FAIRVIEW OCCUPATIONAL HEALTH
14195
2/9/2011
$257.00
8359
FLAHERTY'S HAPPY TYME CO
14196
2/9/2011
$298.20
9667
FLAT EARTH BREWING CO
14197
2/9/2011
$215.94
1030
G & K SERVICES INC
14198
2/9/2011
$462.54
1200
GOPHER BEARING
14199
2/9/2011
$88.53
4172
GRAPE BEGINNINGS, INC.
14200
2/9/2011
$122.25
9248
GTS
14201
2/9/2011
$245.00
7188
H & L MESABI INC
14202
2/9/2011
$195.92
7188
H & L MESABI INC
14203
2/9/2011
$1,313.94
1505
HENNEPIN COUNTY SHERIFF
14204
2/9/2011
$418.83
4207
HOHENSTEIN'S, INC
14205
2/9/2011
$7,596.35
8252
HOME DEPOT CREDIT SERVICE
14206
2/9/2011
$164.46
8619
IACIP - MEMBERSHIP
14207
2/9/2011
$120.00
9857
JERSEY MIKE'S SUBS
14208
2/9/2011
$110.07
4125
JJ TAYLOR DISTRIBUTING
14209
2/9/2011
$24,933.57
4220
JOHNSON BROTHERS LIQUOR
14210
2/9/2011
$51,793.14
4220
JOHNSON BROTHERS LIQUOR
14211
2/9/2011
$3,178.30
9851
LAW ENFORCEMENT TECHNOLOGY
14212
2/9/2011
$6,893.50
9858
LEMA
14213
2/9/2011
$75.00
9729
LIFT BRIDGE BEER CO.
14214
2/9/2011
$440.00
8229
LOFFLER BUSINESS SYSTEMS
14215
2/9/2011
$446.34
2130
MAMA
14216
2/9/2011
$68.00
9149
MASTER TECHNOLOGY GROUP
14217
2/9/2011
$8,000.00
9559
METRO CITIES
14218
2/9/2011
$3,336.00
2240
METROPOLITAN COUNCIL
14219
2/9/2011
$43,541.89
8405
MINNESOTA CHAPTER IAAI
14220
2/9/2011
$25.00
7054
MINNESOTA CHIEFS OF POLICE
14221
2/9/2011
$29.93
8803
MINNESOTA FIRE SERVICES
14222
2/9/2011
$225.00
9827
MINNESOTA SHERIFFS ASSOC
14223
2/9/2011
$35.00
5190
MN DEPT NATURAL RESOURCE
14224
2/9/2011
$2,721.85
US BANK ST, ANTHONY VILLAGE 9
CHECK REGISTER
VENDOR #
PAYEE
CHECK#
DATE
AMOUNT
9353
MN SPRING & SUSPENSION LLC
14225
2/9/2011
$474.53
2395
MTI DISTRIBUTING, INC
14226
2/9/2011
$436.05
5232
MURPHY'S SERVICE CENTER
14227
2/9/2011
$13.11
7159
NAPA AUTO PARTS
14228
2/9/2011
$41.61
7312
NORTH AMERICAN SALT COMPANY
14229
2/9/2011
$7,045.32
9151
NORTHLAND INN
14230
2/9/2011
$3,872.03
9523
NORTHSTAR INSPECTION SERVICES
14231
2/9/2011
$3,256.85
45
OFFICE DEPOT
14232
2/9/2011
$1,089.85
8528
PACE ANALYTICAL SERVICES
14233
2/9/2011
$285.00
9615
PAETEC
14234
2/9/2011
$236.81
4354
PAUSTIS & SONS
14235
2/9/2011
$1,679.05
4360
PHILLIPS WINE & SPIRITS
14236
2/9/2011
$11,960.06
4360
PHILLIPS WINE & SPIRITS
14237
2/9/2011
$310.37
9139
PROPERTY KEY, INC.
14238
2/9/2011
$50.00
4385
QUALITY WINE CO
14239
2/9/2011
$24,156.28
4385
QUALITY WINE CO
14240
2/9/2011
$1,120.44
9550
RAMSEY COUNTY
14241
2/9/2011
$429.12
9405
SETS DESIGN, INC.
14242
2/9/2011
$303.00
9843
SOUTHERN WINE & SPIRITS
14243
2/9/2011
$627.00
8913
SPECIAL OPERATIONS TRAINING
14244
2/9/2011
$780.00
9259
SPRINT
14245
2/9/2011
$260.00
4782
ST ANTHONY VILLAGE CENTER LLC
14246
2/9/2011
$2,470.22
9083
ST. ANTHONY RETAIL DEVELOPMENT
14247
2/9/2011
$1,708.45
7184
STATE OF MINNESOTA
14248
2/9/2011
$251.16
3490
STREICHER'S
14249
2/9/2011
$743.60
4780
SURLY BREWING CO
14250
2/9/2011
$2,146.00
3260
T A SCHIFSKY & SONS
14251
2/9/2011
$668.59
9774
TERMINAL SUPPLY CO.
14252
2/9/2011
$31.34
7365
TOLL GAS & WELDING SUPPLY
14253
2/9/2011
$38.35
3560
TRACY PRINTING
14254
2/9/2011
$551.05
7196
TRANSPORTATION SUPPLIES
14255
2/9/2011
$407.75
8010
UNIFORMS UNLIMITED
14256
2/9/2011
$86.46
8227
VERIZON WIRELESS
14257
2/9/2011
$1,002.02
4451
VINOCOPIA
14258
2/9/2011
$739.25
9702
W.D. LARSON COMPANIES LT
14259
2/9/2011
$48.50
4494
WASTE MANAGEMENT - BLAINE
14260
2/9/2011
$636.22
8316
WINE COMPANY/THE
14261
2/9/2011
$1,225.85
8310
WINE MERCHANTS INC
14262
2/9/2011
$16,082.51
4175
WIRTZ BEVERAGE - (GRIGGS)
14263
2/9/2011
$14,633.38
4175
WIRTZ BEVERAGE - (GRIGGS)
14264
2/9/2011
$4,798.99
9734
WIRTZ BEVERAGE MINNESOTA
14265
2/9/2011
$12,803.21
8273
WSB & ASSOCIATES, INC.
14266
2/9/2011
$16,401.50
2680
XCEL ENERGY
14267
2/9/2011
$14,843.54
7325
YOCUM OIL COMPANY, INC.
14268
2/9/2011
$23,049.24
9711
Z WINES USA LLC
14269
2/9/2011
$249.00
TOTAL $381,695.73
North
Suburban
Communications
Commission
January 14, 2011
Mayor Jerry Faust
4033 Silver Lake Terrace
St. Anthony, MN 55421
Mike Mornson, City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55421
Dear Mayor Faust and Mr. Mornson:
North Suburbs
Last October, your city received a letter from Kathi Donnelly -Cohen, Director of
Government Affairs for Comcast's Twin Cities cable systems, notifying you of the cable
company's intention to renew the current cable television franchise. Your city's franchise
expires on October 1, 2013, but federal law requires this notification to be sent to the local
franchising authority 30 to 36 months prior to expiration of the franchise.
To begin the franchise renewal process, which is technically a form of administrative
litigation, the North Suburban Communications Commission (NSCC) requests that your city
adopt the attached resolution delegating to the NSCC the responsibility for conducting the
renewal proceedings. Although the NSCC Joint Powers Agreement already empowers the
Commission to act on each city's behalf in the franchise renewal process, the commission
believes that adopting the resolution will forestall any arguments by the cable company to the
contrary.
Because, in order to start the franchise renewal process, the Commission and its staff
must soon begin the required evaluation of Comcast's compliance with the current franchise
and the required needs assessment, the commission asks that your city council act
expeditiously to pass the resolution. The commission would like to have all of the cities adopt
the resolution by the end of February if possible.
Because the commission understands that you and your city council members will
probably have questions about the franchise renewal process, our staff has prepared the
attached Fact Sheet that addresses some of the questions that are more frequently asked. In
addition, our Executive Director, Coralie Wilson, is available to attend a city council meeting or
work session to review the process and respond to your council members' questions and/or
Arden Hills Falcon Heights Lauderdale Little Camila Mounds View New Brighton North Oaks Roseville St. Anthony Shoreview
11
Mayor Faust/Mike Morrison
January 14, 2011
Page 2.
concerns. If possible, a member of the commission can attend along with Ms. Wilson. To make
arrangements, or if you have any questions, feel free to call Ms. Wilson at 651-792-7500 or e-
mail her at cwilson@ctvl5.or.
Thank you for your prompt attention to the Commission's request.
Sincerely,
Dan Roe, Chair
North Suburban Communications Commission
Mayor, City of Roseville, MN
cc: Jim Roth
12
NORTH SUBURBAN COMMUNICATIONS COMMISSION
CABLE FRANCHISE RENEWAL FACT SHEET
What does the cable franchise renewal process involve?
The formal franchise renewal process is one of administrative litigation. The process itself is spelled out in
federal law in Section 626 of the Cable Communications Policy Act of 1984 (the "Cable Act"), and it is designed to
protect the rights of the incumbent cable provider while also ensuring that a community's present and future
cable -related needs and interests are satisfied, taking cost into consideration. Formal franchise renewal begins
with the cable provider notifying the franchising authority of its desire to renew its cable franchise agreement.
The franchising authority then begins by evaluating the cable provider's performance under the existing franchise,
including the engineering of the cable system, and by ascertaining the cable and communications needs of the
community. This typically involves hiring experienced engineering, legal, financial and ascertainment consultants
and can take 6 to 12 months (or more) to complete. The franchising authority then may request that the cable
provider submit a proposal showing how it will meet the needs identified in the ascertainment. The formal
process also requires public input on the cable provider's past performance and on the needs ascertainment
While federal law also permits the use of informal franchise renewal negotiations with the cable provider
at any time (including simultaneously with the formal process), a franchising authority must be prepared to follow
the requirements of the formal process because either side may choose to return to that process at any time
during the renewal proceedings. Typically, the renewal proceedings alternate between the formal and informal
processes several times.
Can we negotiate with more than one cable provider?
The federal franchise renewal process is intended for the franchise of the incumbent cable provider.
None of the franchises of the NSCC member cities are exclusive, however, so member cities may negotiate a new
franchise with another cable provider at any time. That having been said, cable system overbuilds are not
common because the new provider must invest a significant amount of money in the construction of a network
with no customer income until the new system is built. In the meantime, the incumbent controls 60-65% of the
market, and satellite providers have most of the rest. Overbuilding is a very difficult and expensive proposition
requiring very deep pockets and long-term commitment. In recent years, the only providers that have tried
overbuilding are traditional telephone companies Verizon and AT&T, neither of which have landline telephone
companies in Minnesota. Furthermore, both have halted all new construction in order to concentrate on the
systems they have already built. Meanwhile, Qwest has shown no credible interest in constructing an advanced
wireline network that can compete with Comcast's cable system in the NSCC's member cities.
Can we simply extend the existing cable franchise?
This is a possibility, although the incumbent provider is not likely to want to do so. A typical goal of
providers in franchise renewal is to eliminate and/or trim back obligations in the current franchise agreements,
including the Institutional Network, the number of public, educational and government (PEG) access channels,
and the financial support of those channels. Nevertheless, the commission will explore that option with the
company.
Why should we have the NSCC and its staff handle our franchise renewal, rather than doing it ourselves?
First, cable franchising and renewal law is very complex, involving the interplay between federal, state
and local laws and regulations with 30-40 years of legal and legislative history. It also is constantly changing and
evolving. Second, Comcast is the largest cable company in the United States (if not the world) and has a full-time
13
staff that does nothing but cable franchise renewal negotiations. As a result, the company's renewal staff and
attorneys are very knowledgeable about the law and how to use it to the company's advantage. Success on the
local government's side depends on having equally knowledgeable staff and legal counsel, devoting adequate
resources to the renewal process and maintaining a united front. Sharing the cost of the staff, as well as the
consultant expertise for the technical compliance review and needs ascertainment, has always made sense, but,
in these difficult economic times, it is even more important. Further, having a number of cities (and their cable
subscribers) on the local government side of the table provides more leverage against the attempts by Comcast to
eliminate or diminish its franchise obligations.
Why does Comcast need a cable franchise?
As a cable provider, Comcast is required by both federal and state law to secure a franchise from the local
government —typically a city, but the franchising authority can also be a collection of cities or a county —in order
to provide cable television service using public rights-of-way. This franchise allows the cable provider to build its
cable network in the public rights-of-way without having to negotiate with every property owner. In return for a
franchise to use the rights-of-way, which are scarce and valuable public property, the cable provider pays a
franchise fee, capped by federal law at 5% of gross revenues, and usually has obligations to provide channel
capacity and financial support for public, educational and government access channels and to provide an
Institutional Network for local government use.
Why should we bother with franchise renewal when all television is moving to the Internet?
Although a lot of video, including many traditional television programs, is now available over the Internet,
it will be many years before all television programming currently distributed via cable and satellite providers is
available over the Internet. In fact, there is some concern that the Internet as currently structured does not have
enough capacity to handle that volume of video programming. Further, to date, we are not seeing any of the
traditional programming networks abandon cable and satellite distribution, and new programming networks —
including the recently introduced Oprah Winfrey Network (OWN) —are still being developed and introduced for
cable and satellite distribution. So, given the state of the industry, technology and the market, local franchising
authorities and cable providers must work with the laws and regulations that are currently in place.
Can a renewal request be denied?
Yes, both legally and practically. Although most communities do eventually renew the incumbent cable
operator's franchise, several communities have successfully denied renewal. The Cable Act permits a community
to deny renewal if past performance has been inadequate; or if the incumbent operator is legally unqualified or is
unwilling or unable to devote the necessary technical skills and financial resources to the community; or if the
operator is unwilling to reasonably satisfy the future, cable -related needs and interests of the community
considering the cost of meeting those needs and interests.
The operator says everything a local franchising authority asks for will be passed through to subscribers in rates
Is that true?
Not necessarily. In rate regulated franchise areas (such as the NSCC's member cities), an operator can pass
through increases in its external costs to subscribers. Some franchise requirements, such as PEG and franchise fee
requirements, are external costs, but not all are. In addition, because the operator is only entitled to pass through
the increase in those costs, renewal franchise requirements do not necessarily result in rate increases, depending
in part on what was required under the prior franchise, the length of the prior franchise, and the operator's
recovery schedule.
January 17, 2011
14
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-019
A RESOLUTION CONCERNING THE COMMENCEMENT OF FORMAL RENEWAL
PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT
OF 1984, AS AMENDED
WHEREAS, City of St. Anthony Village, ("City") enacted an ordinance and entered
into a cable television franchise agreement (collectively, the "Franchise")
with MediaOne North Central Communications Corp. ("MediaOne"),
which became effective October 1, 1998, to provide cable television
service within the territorial limits of the City; and
WHEREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc.
("Comcast") currently holds the Franchise; and
WHEREAS, the North Suburban Cable Commission (the "Commission") was organized
by the City and the other member cities pursuant to Minn. Stat. § 471.59, a<
amended, for the purposes of monitoring Comeast's performance,
operations and activities, and coordinating, administering and enforcing the
City's Franchise and the franchises granted by the Commission's other
member cities; and
WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as
amended (the "Cable Act"), 47 U.S.C. § 546(a)(1), provides that if a
written renewal request is submitted by a cable operator during the 6 -month
period which begins with the 36th month before franchise expiration and
ends with the 30th month prior to franchise expiration, a franchising
authority shall, within six months of the request, commence formal renewal
proceedings to identify the future cable -related community needs and
interests, and to review the performance of the cable operator under its
franchise during the then current franchise term; and
WHEREAS, the Franchise is scheduled to expire on October 1, 2013, unless sooner
terminated or extended; and
WHEREAS, by letter dated October 11, 2010, from Comcast to the City, Comcast
invoked the formal renewal procedures set forth in Section 626 of the
Cable Act, 47 U.S.0 § 546; and
WHEREAS, the City is desirous of commencing the formal renewal proceedings
specified in Section 626(x)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and,
at the same time, of pursuing the informal renewal process with Comcast
pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and
15
WHEREAS, the City wishes that the formal proceedings under Section 626(a) of the
Cable Act and the informal renewal process under Section 626(h) be
managed and conducted by the Commission, or its designee(s); and
WHEREAS, the City intends to confirm the Commission's pre-existing authority to take
any and all steps required or desired to comply with the franchise renewal
and related requirements of the Cable Act, Minnesota law and the
Franchise in accordance with the broad powers granted to the Commission
by the Amended North Suburban Cable Commission Joint and Cooperative
Agreement for the Administration of a Cable Communications System,
dated June 1990 (the "Joint Powers Agreement"); and
WHEREAS, the Commission is empowered by Joint Powers Agreement to conduct the
Section 626(a) proceedings on the City's behalf and to take such other
steps and actions as are needed or required to carry out the formal and
informal franchise renewal processes; and
WHEREAS, the Commission, on behalf of the City, must provide the public with notice
of, and an opportunity to participate in, formal renewal proceedings under
Section 626(a) of the Cable Act; and
WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal
process may involve the collection and analysis of information from
Comcast (and its affiliates and subsidiaries), City agencies and
departments, the Commission, the North Suburbs Access Corporation, the
public and other interested parties, and may require one or more public
hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OFST. ANTHONY VILLAGE, MINNESOTA, THAT:
Section 1. The City authorizes the Commission and its staff to commence formal
franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of
the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast and the Franchise, on the City's
behalf, pursuant to the powers granted to the Commission in the Joint Powers Agreement. These
proceedings, and all applicable procedures, timelines and deadlines set forth in Section 626(a) -
(g) of the Cable Act, 47 U.S.C. § 546(a) -(g), may be tolled if Comcast and the Commission enter
into a lawful and binding tolling agreement ("Standstill Agreement").
2
16
Section 2. The Commission, Commission staff and/or their designee(s) are
authorized to manage and conduct those formal franchise renewal proceedings specified in
626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or
desired to conduct such proceedings and to comply with applicable laws, regulations, orders and
decisions.
Section 3. The Commission, Commission staff and/or their designee(s), may explore
with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of
the Cable Act, 47 U.S.C. § 546(h). If the Commission and Comcast decide to utilize the
informal renewal process, the Commission, Commission staff and/or their designee(s) are
authorized to enter into a Standstill Agreement, if appropriate or desired, to perform past
performance and needs assessment reviews, to negotiate and communicate with Comcast
concerning matters relating to the renewal and/or extension of the Franchise, and to take all other
steps and actions necessary or desired to engage in the informal renewal process and/or to
comply with applicable laws, regulations, orders and decisions.
Section 4, The Commission, Commission staff and/or their designee(s) shall provide
the public with notice of, and an opportunity to participate in, proceedings conducted under
Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), unless those proceedings are tolled
pursuant to a Standstill Agreement, in which case such notice and an opportunity to participate
will only be required if the Standstill Agreement ceases to be effective or if the Cable Act's
formal renewal process is re -activated in accordance with the Standstill Agreement,
Section 5. The Commission, Commission staff and/or their designee(s) may establish
procedures and dates for the conduct of any hearings related to the Section 626(a) proceedings or
the informal franchise renewal process and may establish procedures and dates for the
submission of testimony and other information in connection with such proceedings and the
informal franchise renewal process.
Section 6. The Commission, Commission staff and/or their designee(s) are
authorized to request and require Comcast and its affiliates and subsidiaries to submit such
information as may be deemed appropriate in connection with the Section 626(a) proceedings or
the informal renewal process ander Section 626(h), to the maximum extent permitted by the
Franchise and applicable laws and regulations, to gather such other information from other
persons or sources as may be deemed appropriate, and to take such further steps as may be
needed or desired to ensure the City's, the Commission's, the North Suburbs Access
Corporation's and the public's cable -related needs and interests are satisfied and fully protected
consistent with applicable law.
Section 7. The City reserves all of its rights, remedies and defenses with respect to
determining whether or not to renew the Franchise, to the full extent permitted by law. The
Mayor, City Council members and City employees shall not take a stated position on the renewal
of the Franchise or any Franchise renewal -related issues until the Commission makes a formal
written recommendation to the City concerning whether renewal of the Franchise should be
approved or denied under the formal and/or informal renewal processes.
Section 8. Nothing in this Resolution shall be construed to limit the powers of the
Commission under the Joint Powers Agreement or to otherwise waive or limit the Commission's
authority, rights, remedies and defenses under applicable agreements, laws, regulations, orders
and decisions.
Section 9. The Commission shall keep the City fully appraised of the status and
progress of the formal and informal renewal processes, as appropriate.
0
Section 10. This Resolution shall become effective immediately upon adoption.
ADOPTED on this 8"' day of February, 2011.
St. Anthony, Minnesota
Mayor
City Clerk
Review for Administration:
City Manager
19
17
STAFF REPORT
DATE: February 8, 2011
TO: Mayor, Councilmember and City Manager
FROM: Jay Hartman
RE: Approve Participation in GreenStep Cities Program
Background:
GreenStep Cities is a new assistance program for all Minnesota cities that supports and recognizes
implementation of 28 sustainable development best practices. This program grew out of a report to
the 2009 Legislature, and has been developed by the MN Pollution Control Agency, MN Office of
Energy Security, the League of MN Cities, the Clean Energy Resource Teams, the Great Plains
Institute, the Izzak Walton League -MN and the Urban Land Institute -MN. The best practices focus
on cost savings and energy use reductions that lead cities beyond compliance and encourage a
culture of innovation.
A city that has implemented or that implements — depending roughly on city size — 8, 12 or 16 best
practices organized into the five categories (see attachments) will be recognized as a GreenStep
City. Implementation of additional best practices over time will garner additional recognition. For
each best practice cities will complete one or two actions from among 4 to 8 options and will briefly
post how they accomplished each action.
The GreenStep Cities Program aims to provide Minnesota cities a clear pathway to greater
sustainability based upon implementing best practices specific to Minnesota cities of differing sizes
and capabilities. Due to the multiple environmental, economic and social dimensions of the best
practices, leadership from a city's council is needed to oversee their implementation and
coordination/integration with other city and community activities and with other governmental
jurisdictions.
Process:
The Minnesota GreenStep Cities Program provides cost-effective sustainable development best
practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land
Use; (4) Environmental Management; and (5) Economic and Community Development;
wo
Under the guidance of the Minnesota Pollution Control Agency (MPCA), the Minnesota
GreenStep City Program is a challenge, assistance and recognition program to help cities
achieve their sustainability goals through implementation of 28 best practices. Each best
practice can be implemented by completing one or more specific actions from a list of
four to eight actions. These actions are tailored to all Minnesota cities, focus on cost
savings and energy use reduction, and encourage innovation.
• The MPCA estimates that the program takes 2 — 3 years to complete, although given the
number of best practices that the City already meets (*), the timeline may be condensed.
* I am currently working on an inventory of projects to be considered and applied
towards The GreenStep City Program.
• Appoint Jay Hartman, Director of Public Works to serve as the city's GreenStep
coordinator to facilitate best practices review and implementation.
• Will claim credit for having implemented and/or will implement at least 12 required and
optional GreenStep best practices that will result in energy use reduction, economic
savings and reduction in the community's greenhouse gas footprint.
• Will work with the MPCA to post a summary of the city's implementation of best
practices on the Minnesota GreenStep Cities website.
• The first GreenStep City Program requirement is to submit an approved resolution from
the City Council supporting the city's participation in the GreenStep Program.
ACTION REQUESTED:
The City Council hereby approves the attached Resolution approving participation in the Minnesota
GreenStep Cities Program.
20
1 Efficient Existing Public Buildings
2 Efficient Existing Private Buildings
3 New Green Buildings
4 Efficient Building & Street Lighting and Signals
5 Building, Reuse
6 Comprehensive Planning and Implementation Required Required Requ.
7 Higher Density
8 Efficient and Healthy Development Patterns
.v 9 Efficient Highway -Oriented Development
wa
10 Conservation Design
Land Use BPs Required 1 2 2
11
Complete Green Streets
Required
Mobility Options
Required
1112
13
Efficient City Fleets
15
IMMM
F..nvironmentally Preferable Purchasing Reririre '�
Required
Required
16
Urban Forests
Required
Required
17
Efficient StorulwatcI. Manager„ent
Required
18
Green Infrastructure
19
Surface Water Quality
o
20
Efficient Water and Wastewater Facilities
21
Septic Systems
W
22
Solid Waste Reduction
23
Local ,fir Quality
Environmental BPs Required 1
3
4
Benchmarks & Comnntn'sty Engagement Required
Required
Required
Green Business Development
Required
Required
Renewable Energy
126
LocalFood
Business Synergies
Floating BPs (additional to required BPs)
z
3
21
CITY OF ST ANTHONY VILLAGE
RESOLUTION 11-020
A RESOLUTION AUTHORIZING THE CITY OF ST ANTHONY TO
PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM
WHEREAS, the GreenStep Cities Program aims to provide Minnesota cities a pathway to
greater sustainability based upon implementing best practices specific to
Minnesota cities; and
WHEREAS, the Minnesota GreenStep Cities Program provides cost-effective sustainable
development best practices in the following five categories: (1) Buildings and
Facilities; (2) Transportation; (3) Land Use; (4) Environmental Management;
and (5) Economic and Community Development; and
WHEREAS, due to the multiple environmental, economic, and social dimensions of the
sustainability best practices, leadership from a city's council is needed to
oversee their implementation and coordination/ integration with other city
activities; and
WHEREAS, the GreenStep Cities Program champions sustainability goals and practices
consistent with the City of St Anthony goals and mission statement; and
WHEREAS, information on the program was presented by Phil Muessig on December 1,
2010 and discussed with Jay Hartman, Public Works Director and Mike
Mornson, City Manager; and
NOW, THEREFORE, BE IT RESOLVED THAT the City of St. Anthony does hereby
authorize the City of St Anthony to participate in the Minnesota GreenStep Cities Program:
BE IT FURTHER RESOLVED, that the City of St Anthony will take the following steps to
become recognized as a Minnesota GreenStep City:
1. Appoint Jay Hartman as a Minnesota GreenStep Cities Coordinator to
facilitate the City's GreenStep Program development and implementation;
and
2. Prepare and maintain an energy use inventory on all public buildings using
the Minnesota B3 Public Building Benchmarking database; and
3. Involve community members, civic and education organizations and
business
in the planning, promoting, and implementing of GreenStep Cities
sustainable development best practices; to include Newsletter, Web Page,
Civil Groups; and
4. Identify which GreenStep best practices a city has implemented and which
best practices will initially be considered for implementation; and
5. Implement a minimum number of required and optional GreenStep best
practices that will result in energy use reduction, economic savings and
reduction in the community's greenhouse gas footprint.
Adopted this 8u, day of February, 2011.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
22
FUTURE COUNCIL AGENDA ITEMS
Febr taty 8, 2011
Meeting
Meeting
Staff
Items/Issues
Date
Type
John Ohl
Police Department Annual Report
February 22
Regular
John Malenick
Fire Department Annual Report
John Ohl
Joint Powers Agreement with East Metro SWAT
Police Chief
Dave Unmacht
2011 Goals Presentation
2011 Facilitator
2011 Street Improvement Project
Todd IIubmer
Public Hearing - Adopt & Confirm Assessments
City Engineer
Ordering Improvements
Awarding Bid to Contractor
Ehlers
Calling for Sale of Bonds
Planning Commission
r
Items from February 15 Meeting
Representative
Roger Larson
Finance Department Annual Report
March 8
Regular
Jay Ilartman
Public Works Annual Report
2011 Street Improvement Project
Stacie Kvilvang
Accept Offer for Bonds
Approve Sale of Bonds
Ken Bergstrom
Hennepin County District Court representative
contact
Leah Slye
ISD 282 School Board
Update on School Foundation
Member
March 22
Regular
Asst. City Manager
Tobacco Ordinance - First Reading
Plalmli Commission
g
Items from March 15 meeting
Representative
April 12
Regular
City Manager
Tobacco Ordinance - Second Reading
Doug Koehntop
Veteran's Memorial Presentation
Park Comm. Chair
April 26
Regular
City Manager
Tobacco Ordinance - Final Reading
Ordinance Terminating the Moritorium on the issuance of
City Manager
licenses for pipe and tobacco shops
Regular
City Manager
Public Hearing on 2012 Budget
Finance Director
Planning Commission
Items from April 19
Representative
May 10
Regular
May 24
Regular
Planning Connniss1on
Items from May 17
Representative
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY VILLAGE
February 8, 2011
Call to Order.
Roll Call.
I. Approval of February 8, 2011, H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. 'There will be no separate discussion of these items
unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve January 11, 2011, H.R.A. Minutes. (pp. 1 — 2)
B. Claitns. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
FACouneil Meetingsl2011\02082011\HRA agenda.doc
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CITY OF ST. ANTHONY
HRA REGULAR MEETING MINUTES
JANUARY 11, 2011
CALL TO ORDER.
Chair Faust called the meeting to order at 7:49 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille.
Commissioners absent: None.
Also Present: Executive Director Michael Momson
I. APPROVAL OF JANUARY 11, 2011 HRA MEETING AGENDA.
Motion by Commissioner Gray, seconded by Commissioner Jenson, to approve the January 11,
2011 Housing and Redevelopment Authority Agenda as presented.
Motion carried unanimously.
II. CONSENT AGENDA.
Motion by Commissioner Roth, seconded by Commissioner Gray, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of December 14,2010;
B. Claims: and
C. Housekeeping Resolution:
L HRA 11-001 — Designate Chair for HRA.
2. HRA 11-002 — Designate Vice Chair for HRA.
3. HRA 11-003 —Designate Secretary/Treasurer for HRA.
4. HRA 11-004 —Designate Commissioner for HRA.
III. PUBLIC HEARINGS.
None.
1V. GENERAL POLICY OF BUSINESS OF THE H.R.A.
None.
V. STAFF REPORTS
None.
VI. H.R.A. COMMISSIONER COMMENTS
None.
Motion carried unanimously.
1.
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Housing and Redevelopment Authority Meeting Minutes
January 11, 2011
Page 2
VII. INFORMATION AND ANNOUNCEMENTS
Chair Faust announced that Village Notes was distributed last week.
VIII. ADJOURNMENT
Chair Faust adjourned the meeting at 7:51 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Chair
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