HomeMy WebLinkAboutNovember 16, 2009 Minutes.pdf
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 16, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, November 16, 2009. Present were Deputy Mayor Jeff Krauss, Cr. Sean
Becker, and Cr. Eric Bryson, City Manager Chris Kukulski, Planning Director Andy Epple and
City Clerk Stacy Ulmen.
*Please refer to the audio recording of this meeting for additional detail.
0:04:54 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Deputy Mayor Krauss called the meeting to order.
0:04:58 B. Pledge of Allegiance and a Moment of Silence
0:05:47 C. Changes to the Agenda
Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda.
0:05:51 Chris Kukulski, City Manager
Mr. Kukulski spoke regarding the Rules of Procedure and suggested that Consent Items G.2 and
G.6 regarding the blast funds be moved to the Action Item list.
0:07:22 Deputy Mayor Krauss
Deputy Mayor Krauss stated that the items will be moved to Action Items J. 2 and J.3.
0:07:30 Mr. Kukulski
Mr. Kukulski suggested that Action Item J. 4 regarding the family Swim Passes be opened and
continued until Cr. Rupp is present. Mr. Kukulski spoke regarding the Story Mansion item.
0:08:56 D. Public Service Announcements
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0:09:05 1. "Shred Your Identity" Event, Thursday, November 19th from 4 to 7 p.m.
(Kent)
Acting Police Chief Marty Kent presented a Public Service Announcement regarding a "Shred
Your Identity" Event, Thursday, November 19th from 4 to 7 p.m. that is put on by the Bozeman
Police Department.
0:10:50 2. Upcoming Citizen Advisory Board Expiring Terms and Current Vacancies
(Kissel)
Citizen Advisory Board Coordinator Aimee Kissel presented a Public Service Announcement
regarding Upcoming Citizen Advisory Board Expiring Terms and Current Vacancies.
0:16:20 E. Authorize Absence of Cr. Rupp and Mayor Jacobson
0:16:29 Motion and Vote to authorize the absence of Cr. Rupp and Mayor Jacobson.
It was moved by Cr. Becker, seconded by Cr. Bryson to authorize the absence of Cr. Rupp
and Mayor Jacobson.
Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:16:43 F. Minutes – October 19, 2009
0:16:48 Motion and Vote to approve the minutes from October 19, 2009.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve the minutes from October
19, 2009.
Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:16:59 G. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to Terminate Original Agreement with NorthWestern
Energy for Use of Blast Clean up Funds and Enter into New Agreement with
NorthWestern Energy for the Downtown Bozeman Blast Impact Fee Mitigation
Fund (Sullivan)
3. Approve Final Change Orders No.'s 3, 5, 6, 8, 10, 14, 19 for Bozeman Intermodal
Facility (Winn)
4. Approve Resolution No. 4218, Changing Two Park Names in Meadow Creek
(Kerr)
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5. Approve Resolution No. 4219, Changing Two Street Names in Meadow Creek
(Kerr)
6. Approve Resolution No. 4221, Closing the Bozeman Blast Clean-up Loan Fund,
Returning Monies to their original funding sources, and allocating
interest earnings to Prospera Business Network for Administration of the Fund
(Rosenberry)
7. Approve a Liquor License for Vivian B. Bridaham doing business as Bar 9 to sell
Liquor at 311 East Main Street (Neibauer)
0:17:08 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:17:22 Motion and Vote to approve Consent items 1, 3, 4, 5 and 7.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve Consent items 1, 3,4, 5
and 7.
Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:17:55 H. Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:18:15 I. Special Presentation-2009 Bozeman Beautification Award Presentation
(Bristor)
0:18:33 Allyson Bristor, Associate Planner
Ms. Bristor gave the staff presentation regarding the 2009 Beautification Awards Ceremony. She
highlighted the winners of the following categories: Public Art Sculptures, Sculpture
Landscaping, Trail Enhancement, Country Garden, Formal Garden, Contemporary Commercial
Rebirth, Inviting Entryway, Exceptional Signage, Fantastic Fence, Heavenly Garden, Miniature
Marvel Landscaping, Community Involvement and a Lifetime Achievement Award.
0:34:54 J. Action Items
0:34:56 1. Resolution No. 4222, Declaring Support for Montana State University -
Bozeman to Assume Responsibility for Two-Year Programming and to Award Two Year
Degrees in the Gallatin Valley (Kissel)
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0:35:11 Deputy Mayor Krauss
Deputy Mayor Krauss spoke regarding Resolution No. 4222. He requested that this be on the
agenda. There is a lack of a 2 year degree program in this area. Because of the Economy and Job
losses, this is important. He spoke regarding a possible future mill levy.
0:39:29 Public Comment
Deputy Mayor Krauss opened public comment.
0:39:42 Ralph Growseth, Vice President of Inter Campus Affairs-MSU
Mr. Growseth asked for support of Resolution No. 4222. He stated that this Friday morning the
Board of Regents will be hearing this. They have worked with Great Falls to get this going in
Bozeman. These programs should come under the purview of MSU. The benefits to Bozeman
and Gallatin County are considerable.
0:43:11 Bob Hietella, Chief Operating Officer of the College of Technology-MSU
Mr. Hietella spoke regarding the Economic Development Plan which pushed this as a high need.
This is a good step forward. This increases local responsibility and ownership which are built
into the model. There are great benefits for students. He asked for support of the Resolution.
0:44:45 Public Comment Closed
Deputy Mayor Krauss closed public comment.
0:44:51 Motion to approve Resolution No. 4222, Declaring Support for Montana State
University-Bozeman to Assume Responsibility for Two-Year Programming and to Award
Two Year Degrees in the Gallatin Valley changing the fifth whereas to Read: "The City of
Bozeman supports the creation of a comprehensive 2 year college program for Gallatin and
surrounding counties, Now therefore be it resolved that the City Commission supports the
authorization request by MSU Bozeman to assume and expand to a full catalog of 2 year
programming toward 2 year degrees in Gallatin Valley".
It was moved by Cr. Bryson, seconded by Cr. Becker to approve Resolution No. 4222,
Declaring Support for Montana State University-Bozeman to Assume Responsibility for
Two-Year Programming and to Award Two Year Degrees in the Gallatin Valley changing
the fifth whereas to Read: "The City of Bozeman supports the creation of a comprehensive
2 year college program for Gallatin and surrounding counties, Now therefore be it resolved
that the City Commission supports the authorization request by MSU Bozeman to assume
and expand to a full catalog of 2 year programming toward 2 year degrees in Gallatin
Valley”.
0:47:48 Cr. Bryson
Cr. Bryson spoke regarding the Bozeman School District's support of this program.
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0:48:41 Vote on the Motion to approve Resolution No. 4222, Declaring Support for
Montana State University-Bozeman to Assume Responsibility for Two-Year Programming
and to Award Two Year Degrees in the Gallatin Valley changing the fifth whereas to Read:
"The City of Bozeman supports the creation of a comprehensive 2 year college program for
Gallatin and surrounding counties, Now therefore be it resolved that the City Commission
supports the authorization request by MSU Bozeman to assume and expand to a full
catalog of 2 year programming toward 2 year degrees in Gallatin Valley".
Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
0:49:13 Consent Item 2. Authorize City Manager to Terminate Original Agreement with
North Western Energy for Use of Blast Clean up Funds and Enter into New Agreement
with North Western Energy for the Downtown Bozeman Blast Impact Mitigation Fund
(Sullivan)
0:49:38 Greg Sullivan, City Attorney
Mr. Sullivan gave the staff presentation regarding Consent Item 2. Authorizing the City Manager
to Terminate Original Agreement with North Western Energy for Use of Blast Clean up Funds
and Enter inot New Agreement with North Western Energy for the Downtown Bozeman Blast
Impact Mitigation Fund. He explained that the Commission entered into an agreement with
North Western Energy where they contributed $50,000 for to the blast cleanup fund. None of the
money was used. It was discussed with North Western Energy to use those funds towards Impact
Fee Mitigation Fund. This will be a grant type program.
0:52:40 Andy Epple, City Planner
Mr. Epple spoke regarding the impact fees assessments.
0:53:41 Mr. Kukulski
Mr. Kukulski regarding upgrading water lines.
0:54:37 Cr. Bryson
Cr. Bryson spoke regarding the City's ability to disburse these funds in a fair and equitable
manner.
0:54:52 Mr. Sullivan
Mr. Sullivan stated an allocation system has been discussed.
0:55:25 Deputy Mayor Krauss
Deputy Mayor Krauss asked if we could decline the money.
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0:55:33 Mr. Sullivan
Mr. Sullivan stated that it could be done.
0:57:53 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:58:15 Deputy Mayor Krauss
Deputy Mayor Krauss spoke regarding his concern of the City being square in the middle
between North Western Energy and the property owners. He spoke regarding moving the money
away from the blast and using it like a Revolving Loan Fund administered by a Downtown
Business Organization. He urged that the City pickup the fees for the impact fees for the
rebuilding of the buildings related to the blast through a Resolution or Ordinance.
1:02:03 Cr. Becker
Cr. Becker asked if the City has the authority to reallocate the money.
1:03:26 Anna Rosenberry, City Finance Director
Ms. Rosenberry spoke regarding funds allocated from the old CDBG Revolving Economic
Development Loan Fund.
1:09:36 Motion to direct staff to direct staff to return to the Commission with a Resolution
applying the $50,000 to a Revolving Block Grant Loan for any downtown business. (This is
in conjunction with Northwestern Energy, seeking the approval of Northwestern Energy on
this item, and whichever downtown business organization we seek the advice of).
It was moved by Cr. Becker, seconded by Cr. Bryson to direct staff to return to the
Commission with a Resolution applying the $50,000 to a Revolving Block Grant Loan for
any downtown business. (This is in conjunction with Northwestern Energy, seeking the
approval of Northwestern Energy on this item, and whichever downtown business
organization we seek the advice of).
1:11:23 Vote on the Motion to direct staff to direct staff to return to the Commission with a
Resolution applying the $50,000 to a Revolving Block Grant Loan for any downtown
business. (This is in conjunction with Northwestern Energy, seeking the approval of
Northwestern Energy on this item, and whichever downtown business organization we seek
the advice of).
Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
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1:12:08 Motion to direct staff to prepare a Resolution to pay for the impact fees of the
property owners in the blast site for the first $50,000.
It was moved by Cr. Becker to direct staff to prepare a Resolution to pay for the impact
fees of the property owners in the blast site for the first $50,000.
Motion not seconded.
1:12:30 Mr. Kukulski
Mr. Kukulski asked the Commission to open and continue this item until staff can come back
with the corrected agreement with North Western Energy and resolve the $11,000 impact fee
issue with the project that is out there.
1:13:01 Deputy Mayor Krauss
Deputy Mayor Krauss stated that he wants to take care of the $11,000 now.
1:13:25 Consent Item 6. Approve Resolution No. 4221, Closing the Bozeman Blast Clean-up
Loan Fund, Returning Monies to their original funding sources, and allocating interest
earnings to Prospera Business Network for Administration of the Fund (Rosenberry)
1:13:27 Cr. Bryson
Cr. Bryson stated that his intention was to take $50,000 of the $90,000 from the City's Economic
Development Revolving Loan fund that was put towards the blast cleanup and use that money
specifically $50,000, to mitigate the impact fees.
1:13:43 Cr. Becker
Cr. Becker seconded the informal motion as presented by Cr. Bryson.
1:13:44 Motion Formalized to take $50,000 of the $90,000 from the City's Economic
Development Revolving Loan fund that was put towards the blast cleanup and use that
money specifically $50,000, to mitigate the impact fees.
It was moved by Cr. Bryson, seconded by Cr. Becker to take $50,000 of the $90,000 from
the City's Economic Development Revolving Loan fund that was put towards the blast
cleanup and use that money specifically $50,000, to mitigate the impact fees.
1:13:45 Mr. Sullivan
Mr. Sullivan cautioned that it was not put on the agenda for formally moving the money from
one fund to another. He asked that the Commission direct staff to return with a Resolution for
that type of action.
1:14:44 Deputy Mayor Krauss
Deputy Mayor Krauss stated that he wants the issues separate.
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1:16:47 Motion Withdrawn to take $50,000 of the $90,000 from the City's Economic
Development Revolving Loan fund that was put towards the blast cleanup and use that
money specifically $50,000, to mitigate the impact fees.
Cr. Bryson withdrew his motion.
1:17:08 Motion and Vote to Table Consent Item G. 6.
It was move by Cr. Bryson, seconded by Cr. Becker to Table Consent Item G. 6.
Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
1:17:23 2. Story Mansion Minor Subdivision Preliminary Plat Application No. P-09012
(Riley)
1:17:41 Andy Epple, Planning Director
Mr. Epple introduced the Story Mansion Minor Subdivision Preliminary Plat Application. This
was directed by the City Commission. This is to take the Story Mansion block and separate into
2 lots.
1:18:57 Doug Riley, Associate Planner
Mr. Riley gave the staff presentation regarding the Story Mansion Minor Subdivision
Preliminary Plat Application No. P-09012. Mr. Riley pointed the easement area for the utilities.
A final plat and Resolution will come back before the Commission in the future. Staff is
recommending approval.
1:23:11 Cr. Bryson
Cr. Bryson asked if the City will be responsible to make a distinction between the 2 lots such as
completely surrounding the areas with sidewalks.
1:23:31 Mr. Riley
Mr. Riley stated that there is not a specific requirement to surround the area with sidewalks but
that anything proposed in the future would be subject to review.
1:31:33 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
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1:32:10 Motion to approve the Story Mansion Minor Subdivision Preliminary Plat
Application #P-09012 with the Conditions of Approval and Code Provisions listed in the
Staff Report.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve the Story Mansion Minor
Subdivision Preliminary Plat Application #P-09012 with the Conditions of Approval and
Code Provisions listed in the Staff Report.
1:40:12 Vote on the Motion to approve the Story Mansion Minor Subdivision Preliminary
Plat Application #P-09012 with the Conditions of Approval and Code Provisions listed in
the Staff Report.
Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
1:40:30 Break
Deputy Mayor Krauss declared a break.
1:52:20 Meeting called back to order
Deputy Mayor Krauss called the meeting back to order.
1:52:30 3. Resolution No. 4220, Resolution Relating To $9,500,000 Sewer System
Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series
2009; Authorizing the Issuance and Fixing the Terms and Conditions Thereof
(Rosenberry)
1:52:46 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation regarding Resolution No. 4220, a Resolution Relating
To $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving
Loan Program), Series 2009; Authorizing the Issuance and Fixing the Terms and Conditions
Thereof. This is the first of the borrowings for the Water Reclamation project. This is the first
of 4 anticipated borrowings. This is multiyear construction and finance phases. This is a 20 year
loan. The first payment is due this upcoming July.
1:59:37 Cr. Becker
Cr. Becker spoke regarding the stimulus money that went into this project.
2:01:36 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
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Deputy Mayor Krauss closed public comment.
2:01:55 Motion and Vote to approve Resolution No. 4220, Relating To $9,500,000 Sewer
System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program),
Series 2009; Authorizing the Issuance and Fixing the Terms and Conditions Thereof.
It was moved by Cr. Becker, seconded by Cr. Bryson to approve Resolution No. 4220,
Relating To $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State
Revolving Loan Program), Series 2009; Authorizing the Issuance and Fixing the Terms
and Conditions Thereof.
Those voting Aye being Crs. Becker, Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
2:02:29 4. Review Costs of Family Swim Passes (Dingman)
2:02:40 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
2:02:50 This item was deferred to another agenda.
2:02:58 5. Appointment to the Board of Appeals (Kissel)
2:03:15 Motion and Vote to appoint Michael Kelly to the Board of Appeals.
It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Michael Kelly to the Board
of Appeals.
Those voting Aye being Crs. Bryson, Becker and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 3-0.
2:03:34 6. Discussion of Completion of Sidewalk Improvements - Subdivision
Sidewalks, Unified Development Ordinance, Section 18.74.030.B.2 (Skelton)
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2:04:02 Dave Skelton, Senior Planner
Mr. Skelton gave the staff presentation regarding the Completion of Sidewalk Improvements -
Subdivision Sidewalks, Unified Development Ordinance, Section 18.74.030.B.2. Mr. Skelton
spoke regarding timing and financial guarantees.
2:24:47 Mr. Epple
Mr. Epple spoke regarding SIDs.
2:25:18 Mr. Skelton
Mr. Skelton spoke regarding the following options for the Commission to consider: Option One:
Order in subdivision sidewalks under specific existing circumstances where more than 75% of
the subdivisions lots in a particular block have been sold and developed, and exceed the three-
year time period to complete subdivision sidewalks. Option Two: On a case-by-case basis, direct
developers to request a variance to Section 18.74.030.B.2 Completion of Sidewalk
Improvements”, BMC for an extension to the time-period to complete related subdivision
sidewalks. Each applicant requesting a variance would be evaluated against specific criteria
prepared by the Planning Office that would offer the City Commission findings based upon the
evidence presented in each case for justification to grant said variance. See the proposed criteria
listed on page six of the staff report. Option Three: Combine options one and two above as may
be merited on a case-by-case basis.
2:34:11 Deputy Mayor Krauss
Deputy Mayor Krauss spoke regarding ordering sidewalks.
2:36:07 Rick Hixson, City Engineer
Mr. Hixson stated that he is advocating for the construction of sidewalks to be put in when the
constructions of the streets take place.
2:39:22 Public Comment
Deputy Mayor Krauss opened public comment.
2:39:34 Jim Powell-Rocky Mountain Bank Branch President, Public Comment
Mr. Powell spoke regarding Rocky Mountain Bank's ownership of the Meadow Creek
Subdivision. He is asking for help and assistance from the Commission in working through their
situation. They are asking for a little more time for installing the sidewalks. He stated that there
are 20 years of vacant lots to sell.
2:42:51 Mr. Powell
Mr. Powell stated that they would like to request an option to re-address the situation in 3 years.
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2:43:50 Kathy Costakis, Public Comment
Ms. Costakis of 140 Village Crossing Way stated that she is a Public health practitioner, is on the
Safe routes to school task force and a Member of Planning Board. She spoke regarding walking
in neighborhoods and connectivity.
2:51:02 Public Comment closed
Deputy Mayor Krauss closed public comment.
2:51:20 Cr. Bryson
Cr. Bryson stated that a combination of Options 1 & 2 (Option 3) seems to be the best options.
Variances are tough in conditions like this.
2:52:44 Deputy Mayor Krauss
Deputy Mayor Krauss stated that he is concerned about providing a way for the lots to be re-sold.
In the design if they are going to sit there, the subdivision needs to be re-platted. He would go
60% in "ordering in" sidewalks. It is reasonable to consider a 3 year period. We make choices
when we buy property. Things are going to need to be done on a case by case basis.
2:56:51 Cr. Becker
Cr. Becker spoke regarding blocks vs block faces.
2:57:10 Mr. Skelton
Mr. Skelton spoke regarding blocks.
2:58:22 Cr. Becker
Cr. Becker wants to deal with block faces.
2:59:19 Cr. Becker
Cr. Becker spoke regarding multi unit blocks.
3:03:44 Cr. Becker
Cr. Becker asked staff if they intend to come back with a text amendment to strengthen 3 year
terms.
3:04:04 Cr. Becker
Cr. Becker asked if there are City owned properties that need to be on the list.
3:04:57 Deputy Mayor Krauss
Deputy Mayor Krauss suggested that some sidewalk areas have natural fines installed.
3:07:32 Cr. Bryson
Cr. Bryson spoke regarding maintenance of sidewalks. We need to focus on connectivity.
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3:11:43 Mr. Sullivan
Mr. Sullivan spoke regarding amending the 3 year section in the UDO. It needs to be crafted so it
does not affect the subdivisions that have final plat. Planning and Legal should further explore
this.
3:13:23 7. Discussion of Police Chief and Planning/Community Development Director
Vacancies (Kukulski)
3:13:48 Mr. Kukulski
Mr. Kukulski updated the Commission regarding the hiring of a new Police Chief and Planning
Director. He would like some input from the Commission regarding what they are looking for in
these positions. Mr. Kukulski spoke regarding what was used in the past for other Director
positions.
3:16:34 Mr. Kukulski
Mr. Kukulski stated that it appears that it will be late January early February before we are
interviewing for these positions.
3:18:56 Deputy Mayor Krauss
Deputy Mayor Krauss stated that these are highly visible hiring processes and need Commission
involvement on a search committee.
3:19:16 Mr. Kukulski
Mr. Kukulski spoke regarding having a forum.
3:26:14 Cr. Becker
Cr. Becker suggested that Cr. Bryson sit on the Director team for the interview panel and Deputy
Mayor Krauss for the Planning Director position.
3:26:28 Cr. Bryson
Cr. Bryson agreed to Cr. Becker's suggestion
3:32:36 Cr. Becker
Cr. Becker suggested that the Commission should also be part of the Economic Development
Position.
3:33:03 Cr. Bryson
Cr. Bryson suggested Cr. Becker be involved in the Economic Development Position.
3:33:07 Cr. Becker
Cr. Becker suggested that the RC & D be contacted regarding their practice.
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3:34:50 K. FYI/Discussion
3:34:54 1. Intern Policy
Cr. Becker stated that we need an intern policy. He has someone interested. Mr. Kukulski stated
that we do not have a real clean process regarding interns and it needs to be formalized. This will
be looked into.
3:37:32 2. Human Rights Bureau
Mr. Sullivan stated that it was suggested by Cr. Rupp to have the administrative Law discussed
regarding the Human Rights Bureau. The Agendas will be looked at and a time will be set. The
Executive session next Monday needs to be confirmed.
3:42:31L. Adjournment
Deputy Mayor Krauss adjourned the meeting at 9:44 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
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