HomeMy WebLinkAboutDecember 3, 2007 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 3, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, December 3, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp,
City Manager Chris Kukulski, Assistant Planning Director Chris Saunders, City Attorney Paul
Luwe, and City Clerk Stacy Ulmen.
0:04:52 A. Call to Order – 6:00 pm – Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order at 6:00 pm.
0:04:55 B. Pledge of Allegiance and a Moment of Silence
0:06:02 C. Public Service Announcement-Snow Routes (Arkell/ Van Delinder)
0:06:10 John Van Delinder, Street Superintendent
Mr. Van Delinder gave a Public Service Announcement regarding snow routes in the City of
Bozeman.
0:08:45 D. Minutes- May 29, 2007 Executive Session (confidential), May 29, 2007, July
16, 2007, July 23, 2007, August 6, 2007, November 5, 2007, and November 8, 2007.
0:08:55 Motion and Vote to approve the Minutes of May 29, 2007 Executive Session
(confidential), May 29, 2007, July 16, 2007, July 23, 2007, August 6, 2007, November 5,
2007, and November 8, 2007
It was moved by Cr. Becker, Seconded by Cr. Rupp, to approve the minutes of May 29,
2007 Executive Session (confidential), May 29, 2007, July 16, 2007, July 23, 2007, August 6,
2007, November 5, 2007, and November 8, 2007.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:09:18 E. Consent
1. Authorize Payment of Claims (LaMeres)
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Linked Minutes of the City Commission Meeting, December 3, 2007
2. Authorize City Manager to sign Change Order Number 3 for Durston Road 7th to
19th (Murray)
3. Authorize City Manager to sign Quit Claim Deed for Robert Evans-Ice Pond
Road (Kerr)
4. Award of Construction Manager at Risk Contract to Dick Anderson Construction
for the Remodel of the Old Library into a New City Hall
(Goehrung)
5. Award Bid for Asset Management System (Henderson)
6. Award Bid for Structural Steel Package for City Hall Remodel (Goehrung)
7. Finally adopt Ordinance No. 1732, Allison Zone Map Amendment #Z-06205
(Windemaker)
0:09:21 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:09:35 Motion and Vote to approve Consent items E. 1-7.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items E. 1-7.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:09:55 F. Public Comment
Mayor Krauss opened public comment.
0:10:37 John Hodson, Public Comment
Mr. Hodson of 220 North Broadway spoke regarding the Story Mill project and feels that it will
be a good project for Bozeman.
0:11:04 Public Comment closed.
Mayor Krauss closed public comment.
0:11:07 G. Action Items
0:11:10 1. Finally adopt Ordinance No. 1727, Rules of Procedure, moved from the City
Commission Meeting on November 26, 2007 (Luwe)
0:11:15 Paul Luwe, City Attorney
Mr. Luwe went over his staff report. Luwe stated that according to the Bozeman City Charter,
the Rules of Procedure must be adopted in Ordinance format. The first reading took place on
November 13, 2007.
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Linked Minutes of the City Commission Meeting, December 3, 2007
0:12:07 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:12:23 Motion to Adopt Ordinance No. 1727, Rules of Procedure.
It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson to adopt Ordinance No. 1727,
Rules of Procedure.
0:12:29 Discussion
0:13:43 Amendment to the Main Motion to delete Number 8 (referred to on the Staff
Memorandum Report), the deletion: "In the case of appointments, the Mayor shall seek the
concurrence of at least two other Commissioners."
It was moved by Cr. Rupp, Seconded by Cr. Kirchhoff to amend the Main Motion to delete
Number 8 (referred to on the Staff Memorandum Report), the deletion: "In the case of
appointments, the Mayor shall seek the concurrence of at least two other Commissioners."
0:14:06 Discussion regarding the Amendment to the Main Motion
0:14:09 Cr. Jacobson
Cr. Jacobson asked for clarification on the motion relating to the meaning of concurrence.
0:17:06 Vote on the Amendment to delete Number 8 (referred to in the Staff Memorandum
Report), the deletion: "In the case of appointments, the Mayor shall seek the concurrence
of at least two other Commissioners."
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Becker.
Those voting No being Mayor Krauss.
The motion carried 4-1.
0:17:20 Discussion on the Main Motion as amended.
0:17:26 Vote on the Main Motion as Amended to adopt Ordinance No. 1727, Rules of
Procedure.
Those voting Aye being Cr. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:17:46 2. Story Mill Neighborhood Planned Unit Development #Z-070159 (Saunders)
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Linked Minutes of the City Commission Meeting, December 3, 2007
0:18:13 Chris Saunders, Assistant Planning Director
Mr. Saunders presented the staff report regarding the Story Mill Planned Unit Development. This
is the first subdivision with the new Work Force Housing requirement.
0:34:01 Allyson Bristor, Associate Planner
Ms. Bristor went over the Historic Preservation areas regarding the Story Mill Neighborhood
Planned Unit Development.
0:50:13 Joby Sabol, Legal Council for Applicant
Mr. Sabol stated that he would like the written application and bound version of this project be
entered into the record.
0:53:27 Steve Domreis, GBD Architects
Mr. Domreis recapped the progress and shared the goals of the proposed subdivision by sharing a
power point presentation.
1:01:11 Public Comment
Mayor Krauss opened public comment.
1:01:32 Ted Lange, Gallatin Valley Land Trust
Mr. Lange of 25 North Wilson, representative of Gallatin Valley Land Trust, spoke regarding the
wetlands, specifically staff condition number 35.
1:04:41 Brett Tudsbury, Public Comment
Mr. Tudsbury of 103 Peace Pipe Drive, spoke regarding his excitement of the Story Mill project
assisting with tying the northeast side of Bozeman together. He is one of the personal
representatives of Legends at Bridger Creek.
1:06:14 Lee Stroncek, Public Comment
Mr. Stroncek of 818 South Black, spoke regarding his opposition of the Story Mill project.
1:07:26 Unidentified Speaker, Public Comment
This unidentified speaker spoke regarding the Community Affordable Housing Advisory Board
recommendations. They have concerns regarding the proposed affordable housing units within
the proposed subdivision.
1:10:14 Brian Caldwell, Public Comment
Mr. Cardwell of 733 South Tracy, spoke regarding the draft Planning Board minutes when this
proposed project came before the board. Mr. Cardwell stated that the project was unanimously
approved by the board.
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Linked Minutes of the City Commission Meeting, December 3, 2007
1:13:59 Public Comment closed.
Mayor Krauss closed public comment.
2:08:03 Motion to Approve the Story Mill Neighborhood Planned Unit Development #Z-
070159, with conditions of approval as determined appropriate by the City Commission.
It was moved by Cr. Jacobson, Seconded by Cr. Becker to approve the Story Mill
Neighborhood Planned Unit Development #Z-070159, with conditions of approval as
determined appropriate by the City Commission.
2:09:03 Amendment to the Main Motion to grant Condition #1, the requested 10 year
approval period for the PUD as outlined in the Staff Report.
It was moved by Cr. Jacobson, Seconded by Cr. Kirchhoff to grant Condition #1, the
requested 10 year approval period for the PUD as outlined in the Staff Report.
2:09:21 Discussion on the Amendment
2:12:35 Mayor Krauss
Mayor Krauss directed Staff to insert the words "Higher intensity or Lower intensity" in the
section regarding the definitions of Major Changes under Story Mill Neighborhood Overall Plan
Conditions Number 9.
2:12:53 Mr. Saunders
Mr. Saunders stated that the change will be made in the official Findings of Fact for the
subdivision.
2:14:07 Vote on the Amendment to the Main Motion to grant Condition #1, the requested
10 year approval period for the PUD as outlined in the Staff Report.
Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 4-1.
2:14:44 Amendment to the Main Motion to approve concurrent construction as part of the
PUD. (Letter B. in the Staff Memorandum).
It was moved by Cr. Becker, Seconded by Cr.Rupp to approve concurrent construction as
part of the PUD. (Letter B. in the Staff Memorandum).
2:14:59 Discussion on the Amendment
2:15:18 Vote on the Amendment to approve concurrent construction as part of the PUD.
(Letter B. in the Staff Memorandum).
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Linked Minutes of the City Commission Meeting, December 3, 2007
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:20:10 Amendment to the Main Motion that instead of the language provided here (Letter
C. in the Staff Memorandum) for the lots fronting Bridger, that we find language similar to
what we adopted recently for the Hospital on Kagy and Aspen Park on South 19th, that
these lots have a frontage on the arterial and they have traditional rear yards, and they
have alley loaded access to the rear of the lot.
It was moved by Cr. Kirchhoff, Seconded by Cr. Rupp that instead of the language
provided here (Letter C. in the Staff Memorandum) for the lots fronting Bridger, that we
find language similar to what we've adopted recently for the Hospital on Kagy and Aspen
Park on South 19th, that these lots have a frontage on the arterial and they have
traditional rear yards, and they have alley loaded access to the rear of the lot.
2:20:43 Discussion on the Amendment
2:20:47 Vote on the Amendment that instead of the language provided here (Letter C. in
the Staff Memorandum) for the lots fronting Bridger, that we find language similar to what
we adopted recently for the Hospital on Kagy and Aspen Park on South 19th, that these
lots have a frontage on the arterial and they have traditional rear yards, they have alley
loaded access to the rear of the lot.
Those voting Aye being Crs. Kirchhoff, Rupp, and Jacobson.
Those voting No being Cr. Becker, and Mayor Krauss.
The motion carried 3-2.
2:21:26 Amendment and Vote to the Main Motion to accept Letter D. (In the Staff
Memorandum), Leadership in Energy and Environmental Design has been a prominent
focus in the design and presentation of this development. Condition of approval #10
requires that any move away from compliance with these standards will require re-
approval of the development. (See staff report page 41).
It was moved by Cr. Rupp, Seconded by Cr. Jacobson to accept Letter D. (In the Staff
Memorandum), Leadership in Energy and Environmental Design has been a prominent
focus in the design and presentation of this development. Condition of approval #10
requires that any move away from compliance with these standards will require re-
approval of the development. (See staff report page 41).
Those voting Aye being Crs. Rupp, Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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Linked Minutes of the City Commission Meeting, December 3, 2007
2:22:44 Amendment and Vote to the Main Motion to approve Letter E. (Deviations from
many parts of Title 18 have been requested as part of the PUD. Some staff and others have
supported and some have not supported. The deviations are necessary to attain the type of
design and intensity of use proposed in the project. See condition of approval #20 on pages
42-45 of the Staff Report) with the addition that the PUD as presented provides a higher
quality final product then literal enforcement of the UDO.
It was moved by Cr. Kirchhoff, Seconded by Cr. Jacobson, Amendment to the Main
Motion to approve Letter E. (Deviations from many parts of Title 18 have been requested
as part of the PUD. Some staff an others have supported and some have not supported.
The deviations are necessary to attain the type of design and intensity of use proposed in
the project. See condition of approval #20 on pages 42-45 of the Staff Report) with the
addition that the PUD as presented provides a higher quality final product then literal
enforcement of the UDO.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:24:56 Amendment to the Main Motion to approve Letter F. on the Commission
Memorandum, approving the changes in the Conditions of Approval as requested by the
applicant for COA #21 and the COA for the Mill Building and the Flour Warehouse.
It was moved by Cr. Rupp , Seconded by Cr. Kirchhoff, to approve Letter F. on the
Commission Memorandum, approving the changes in the Conditions of Approval as
requested by the applicant for COA #21 and the COA for the Mill Building and the Flour
Warehouse.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:28:48 Amendment to the Main Motion to approve the site plan phase 2 Mill Building and
Flour Warehouse as presented by applicant.
It was moved by Cr. Becker , Seconded by Cr. Kirchhoff to approve the site plan phase 2
Mill Building and Flour Warehouse as presented by applicant.
2:29:09 Discussion on the Amendment
2:30:29 Vote on the Amendment to approve the site plan phase 2 Mill Building and Flour
Warehouse as presented by applicant.
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Linked Minutes of the City Commission Meeting, December 3, 2007
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 4-1.
2:44:05 Amendment to the Main Motion to adopt condition Number 26, workforce housing
options A and C. ( a) If the individualized workforce housing plan requested to provide 120
dwellings of price restricted housing meeting the price thresholds of Chapter 17.02, BMC is
approved and the City later approves the requested tax increment district then the
applicant shall provide, prior to approval of the first final plat, a map of the phased
development depicting where the price restricted homes shall be constructed and how
many dwellings are assigned to each lot. Final plats for each phase will include appropriate
deed restrictions on individual lots to ensure that ultimate development of the lots will
include the applicable number of price restricted homes. C) If the individualized
workforce housing plan requested to provide 120 dwellings of price restricted housing is
not approved then the applicant shall comply with the minimum terms of Chapter 17.02,
BMC. Prior to approval of the first final plat, a map of the entire phased development shall
be provided depicting where the price restricted homes shall be constructed and how many
dwellings are assigned to each lot. Final plats for each phase will include appropriate deed
restrictions on individual lots to ensure that ultimate development of the lots will include
the applicable number of price restricted homes).
It was moved by Cr. Jacobson, Seconded by Cr. Becker to adopt Condition Number 26,
workforce housing options A and C. ( a) If the individualized workforce housing plan
requested to provide 120 dwellings of price restricted housing meeting the price thresholds
of Chapter 17.02, BMC is approved and the City later approves the requested tax
increment district then the applicant shall provide, prior to approval of the first final plat,
a map of the phased development depicting where the price restricted homes shall be
constructed and how many dwellings are assigned to each lot. Final plats for each phase
will include appropriate deed restrictions on individual lots to ensure that ultimate
development of the lots will include the applicable number of price restricted homes. C) If
the individualized workforce housing plan requested to provide 120 dwellings of price
restricted housing is not approved then the applicant shall comply with the minimum terms
of Chapter 17.02, BMC. Prior to approval of the first final plat, a map of the entire phased
development shall be provided depicting where the price restricted homes shall be
constructed and how many dwellings are assigned to each lot. Final plats for each phase
will include appropriate deed restrictions on individual lots to ensure that ultimate
development of the lots will include the applicable number of price restricted homes).
2:44:22 Discussion on the Amendment
2:44:37 Cr. Rupp
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Cr. Rupp stated that the language should not say if the individual plan is not approved, it should
say with the TIF changing, not the plan.
2:46:11 Motion Withdrawn regarding the Amendment to the Main Motion to adopt
condition Number 26, workforce housing options A and C. ( a) If the individualized
workforce housing plan requested to provide 120 dwellings of price restricted housing
meeting the price thresholds of Chapter 17.02, BMC is approved and the City later
approves the requested tax increment district then the applicant shall provide, prior to
approval of the first final plat, a map of the phased development depicting where the price
restricted homes shall be constructed and how many dwellings are assigned to each lot.
Final plats for each phase will include appropriate deed restrictions on individual lots to
ensure that ultimate development of the lots will include the applicable number of price
restricted homes. C) If the individualized workforce housing plan requested to provide 120
dwellings of price restricted housing is not approved then the applicant shall comply with
the minimum terms of Chapter 17.02, BMC. Prior to approval of the first final plat, a map
of the entire phased development shall be provided depicting where the price restricted
homes shall be constructed and how many dwellings are assigned to each lot. Final plats for
each phase will include appropriate deed restrictions on individual lots to ensure that
ultimate development of the lots will include the applicable number of price restricted
homes). Cr. Becker agreed to withdraw his second.
2:47:31 Mr. Saunders
Mr. Saunders suggested that the language read "If the TIF is not approved, the applicant shall
comply with the terms of Chapter 17.02 Bozeman Municipal Code."
2:55:33 Amendment to the Main Motion to require the applicant to comply with the
Ordinance (BMC 17.02) and leave open the option that they may come back with a
individualized Work Force Housing plan, which if approved can supersede the strict
application of the Ordinance.
It was moved by Cr. Pro Tem Krauss, Seconded by Cr. Rupp to require the applicant to
comply with the Ordinance (BMC 17.02) and leave open the option that they may come
back with a individualized Work Force Housing plan, which if approved could supersede
the strict application of the Ordinance.
3:01:18 Vote on the Amendment to the Main Motion to require the applicant to comply
with the Ordinance (BMC 17.02) and leaving open the option that they may come back
with a individualized Work Force Housing plan, which if approved can supersede the strict
application of the Ordinance.
Those voting Aye being Crs. Pro Tem Krauss, Rupp, Kirchhoff, and Mayor Pro Tem
Jacobson.
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Linked Minutes of the City Commission Meeting, December 3, 2007
Those voting No being Cr. Becker.
The motion carried 4-1.
3:05:49 Motion and Vote to Reconsider the Amendment to the Main Motion to require the
applicant to comply with the Ordinance (BMC 17.02) and leaving open the option that they
may come back with a individualized Work Force Housing plan, which if approved can
supersede the strict application of the Ordinance.
It was moved by Cr. Rupp, Seconded by Cr. Becker to require the applicant to comply with
the ordinance (BMC 17.02) and leaving open the option that they may come back with a
individualized Work Force Housing plan, which if approved can supersede the strict
application of the ordinance.
Those voting Aye being Crs. Rupp, Becker, and Kirchhoff,
Those voting No being Cr. Jacobson, and Mayor Krauss.
The motion carried 3-2.
3:07:10 Amendment to the Main Motion to include compliance with the Bozeman
Municipal Code 17.02 leaving open the option of a individualized plan with a minimal
compliance of 3% build out of the affordable units.
It was moved by Cr. Becker, Seconded by Cr. Rupp, to amend the Main Motion to include
compliance with the Bozeman Municipal Code 17.02 leaving open the option of a
individualized plan with a minimal compliance of 3% build out of the affordable units.
3:08:03 Discussion on the Amendment
3:12:53 Vote on the Amendment to include compliance with the Bozeman Municipal Code
17.02 leaving open the option of a individualized plan with a minimal compliance of 3%
build out of the affordable units.
Those voting Aye being Crs. Becker, Rupp, and Kirchhoff.
Those voting No being Cr. Jacobson, and Mayor Krauss.
The motion carried 3-2.
3:13:29 Vote on the Main Motion as Amended to approve the Story Mill Neighborhood
Planned Unit Development #Z-070159, with conditions of approval as determined
appropriate by the City Commission.
Those voting Aye being Crs. Jacobson, Becker, Rupp, and Kirchhoff.
Those voting No being Mayor Krauss.
The motion carried 4-1.
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Linked Minutes of the City Commission Meeting, December 3, 2007
3:14:10 Break
3:32:19 3. Story Mill Neighborhood Major Subdivision Preliminary Plat #P-07032
(Saunders)
3:32:25 Mr. Saunders
Mr. Saunders gave the staff presentation for the Story Mill Neighborhood Major Subdivision
Preliminary Plat #P-07032.
3:48:06 Cory Ravnass, Hyalite Engineers
Mr. Ravnass presented the applicant presentation for the Story Mill Neighborhood Major
Subdivision Preliminary Plat #P-07032.
3:56:03 Mayor Krauss
Mayor Krauss suspended the Rules of Procedure for 30 minutes.
3:58:01 Public Comment
Mayor Krauss opened public comment.
3:58:18 Ted Lange- Public Comment
Mr. Lange representative of the Gallatin Valley Land Trust stated that he typed up a suggested
change to Condition Number 35 and pointed out a note following the recommendation. (Also,
consider keeping the northern trail in block 15. Note that the trail referenced in the last sentence
of Condition 36 (f) exists only because of the northern trail in block 15. It the northern trail in
block 15 is removed, then the trail referenced in the last sentence of Condition 36 (f) should
probably be removed as well).
4:00:59 Public Comment closed.
Mayor Krauss closed public comment.
4:09:39 Motion to Approve the Story Mill Neighborhood Major Subdivision Preliminary
Plat #P-07032, with conditions of approval as determined by staff modifying Condition
Number 35 as per the Gallatin Land Trust Memo.
It was moved by Cr. Becker, Seconded by Cr. Rupp to approve the Story Mill
Neighborhood Major Subdivision Preliminary Plat #P-07032, with conditions of approval
as determined by staff modifying Condition Number 35 as per the Gallatin Land Trust
Memo.(Modify the first sentence of Condition 35. Do not remove the north-south trail in
block 13. Do not remove the southern and western trails in block 15. Align the trails on
either side of the street in blocks 14 and 13. Also, consider keeping the northern trail in
block 15. Note that the trail referenced in the last sentence of Condition 36 (f) exists only
because of the northern trail in block 15 is removed. If the northern trail in block 15 is
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Linked Minutes of the City Commission Meeting, December 3, 2007
removed, then the trail referenced in the last sentence of Condition 36 (f) should probably
be removed as well).
4:10:43 Discussion on the Motion
4:15:09 Vote to approve the Story Mill Neighborhood Major Subdivision Preliminary Plat
#P-07032, with conditions of approval as determined by staff modifying Condition Number
35 as per the Gallatin Land Trust Memo. (Modify the first sentence of Condition 35. Do not
remove the north-south trail in block 13. Do not remove the southern and western trails in
block 15. Align the trails on either side of the street in blocks 14 and 13. Also, consider
keeping the northern trail in block 15. Note that the trail referenced in the last sentence of
Condition 36 (f) exists only because of the northern trail in block 15 is removed. If the
northern trail in block 15 is removed, then the trail referenced in the last sentence of
Condition 36 (f) should probably be removed as well).
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being Cr. Jacobson.
The motion carried 4-1.
4:16:35 H. Special Presentation
National Citizen Survey Presentation, moved from City Commission Meeting on November
26, 2007. This item will be rescheduled at a future meeting.
4:16:40 I. FYI/Discussion
4:17:05 Conference Calls between City Consultant and the Consultants of the Southwest
Builders to review the Transportation Impact Fee Study
4:20:26 Economic Development Conference, New Jersey.
4:20:34 Cr. Becker
Cr. Becker stated he applied and was accepted to take part in an Economic Development
Conference in New Jersey.
4:21:26 Reminder of Policy Meeting regarding Red Light Traffic Cameras on December
13, 2007.
4:21:54 Electronic Submittals
4:22:51 J. Adjournment
Mayor Krauss adjourned the meeting at 10:28 pm.
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____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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