HomeMy WebLinkAboutApril 12, 2010 Minutes.pdf
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 12, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, April 12, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg
Sullivan, and City Clerk Stacy Ulmen.
* Please refer to the audio recording of this meeting for additional detail.
A. Call to Order-5:30 p.m.-Commission Room, City Hall, 121 North Rouse
B. Executive Session-Litigation Strategy
Mayor Krauss closed the Meeting to the public pursuant to Sect. 2-3-203(4)(a), MCA, finding
that the meeting involves a discussion of litigation strategy and an open meeting would have a
detrimental effect on the litigation position of the City.
*A separate set of Minutes have been prepared for the Executive Session.
0:08:56 C. Call to Order Regular Meeting – 6:30 p.m.
Mayor Krauss called the Meeting to order at 6:34 p.m.
0:08:59 D. Pledge of Allegiance and a Moment of Silence
0:09:41 Welcome
Mayor Krauss welcomed everybody to the meeting.
0:10:16 E. Changes to the Agenda
Mayor Krauss asked City Manager if there were any changes to the agenda. City Manager Chris
Kukulski stated that there were no changes.
0:10:20 F. Public Service Announcement – Gallatin Earth Celebration (Fontenot)
0:10:24 Brit Fontenot, Assistant to the City Manager
Mr. Fontenot presented a Public Service Announcement regarding the Gallatin Earth Celebration
which kicks off on April 18th. Mr. Fontenot stated that there is a need for volunteers to assist
with the clean up.
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0:12:36 G. Minutes – March 4, 2010 Policy Meeting, March 11, 2010 Special Meeting
and March 29, 2010 Regular Meeting.
0:12:41 Motion and Vote to approve the minutes from March 4th, March 11th, and March
29th (as submitted).
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes from March
4th, March 11th, and March 29th (as submitted).
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:12:55 H. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Amendment No. 1 to a Professional Services Agreement
with Great West Engineering for the preparation of a Deed Notation for the Montana
Department of Environmental Quality for the Story Mill Landfill (Johnson)
3. Accept the Monthly Building Report for March 2010 (Risk)
4. Approve Resolution No. 4253, Authorizing Submission of the Treasure State Endowment
Program (TSEP) Application (Meyer)
5. Approve Resolution No. 4252, Authorizing the City Manager to sign Change Order No. 5
for Bozeman Water Reclamation Facility, Phase I Improvements (Murray)
6. Approve Buttrey's Solvent Site Cost Recovery in the amount of $6,119.55 (Cooper)
0:12:58 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:13:11 Motion and Vote to approve consent items H. 1-6.
It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items H. 1-6.
Those voting Aye being Crs, Andrus, Becker, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:13:27 I. Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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0:14:10 J. Action Items
0:14:14 1. Audrey's Pizza Cabaret License Conditional Use Permit, Certificate of
Appropriateness and request for Variances, Application No. Z-10018 (Thorpe)
0:14:26 Keri Thorpe, Assistant Planner
Ms. Thorpe gave the staff presentation regarding Audrey's Pizza Cabaret License Conditional
Use Permit, Certificate of Appropriateness and request for Variances, Application No. Z-10018.
The current site location has improved since last year. There have been dramatic improvements
to the property. This was done through a sketch plan review. The applicant has requested to
serve beer and wine which requires a Conditional Use Permit (CUP). She spoke regarding the
variances that have been requested by the applicant regarding curbing and sidewalk
improvements and street improvements.
0:29:20 Cr. Andrus
Cr. Andrus asked what criterion has been followed in determining that the Sketch Plan Review is
the proper channel for this application.
0:29:33 Ms. Thorpe
Ms. Thorpe explained the process. It has to do with the amount of changes to a site.
0:30:25 Ms. Thorpe
Ms. Thorpe spoke regarding the items that are still waiting to be completed from the Sketch Plan
Review.
0:33:43 Ms. Thorpe
Ms. Thorpe spoke regarding the memo that was handed out this evening regarding the
improvements as written in section 18.44, related to sidewalks, curbing and drive access.
0:34:25 Cr. Taylor
Cr. Taylor asked about the State improvements on Rouse Avenue.
0:34:31 Ms. Thorpe
Ms. Thorpe stated that the improvements have not been scheduled or funded, but that a design
has been selected.
0:35:19 Mayor Krauss
Mayor Krauss stated that in regards to the Rouse Improvements, the Environmental Assessment
has been done. Homeowners have been contacted and right-of-way acquisitions have begun.
0:37:01 Cr. Becker
Cr. Becker spoke regarding the East Peach Street improvements.
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0:37:35 Ms. Thorpe
Ms. Thorpe spoke regarding the Peach Street Improvements.
0:38:33 Dustin Johnson, Project Engineer
Mr. Johnson spoke regarding the Montana Department of Transportation agreements with the
property owners to the north on Peach.
0:39:41 Steve Shlegel, Applicant
Mr. Shlegel gave the applicant presentation for Audrey's Pizza Cabaret License Conditional Use
Permit, Certificate of Appropriateness and request for Variances, Application No. Z-10018. He
stated that he is a little blindsided by what has occurred. He spoke regarding current sidewalk
routes. If they are required to make these improvements, they will be forced to dig up things that
have already been put in place. He spoke regarding lighting and hours of operation.
0:49:37 Mayor Krauss
Mayor Krauss asked that Mr. Shlegel speak regarding the improvements that he has made to the
property.
0:49:53 Mr. Shlegel
Mr. Shlegel stated that the area was in horrible condition.
0:53:25 Mr. Shlegel
Mr. Shlegel stated that to his recollection, obtaining a beer and wine license was previously
discussed with the Planning Department.
0:54:27 Cr. Mehl
Cr. Mehl spoke regarding the sidewalk on Peach.
0:58:21 Mr. Shlegel
Mr. Shlegel stated that the sidewalks on the Rouse side are adequate right now.
0:59:43 Mr. Shlegel
Mr. Shlegel spoke regarding his concern of listing the City as an additional insured.
1:00:46 Cr. Becker
Cr. Becker spoke regarding the hours of operations and picnic tables.
1:02:44 Mr. Shlegel
Mr. Shlegel spoke regarding the closing times.
1:04:20 Cr. Becker
Cr. Becker spoke regarding the lighting.
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1:04:41 Mr. Shlegel
Mr. Shlegel stated that in his opinion the light that is currently in the parking lot needs to remain.
1:05:54 Cr. Taylor
Cr. Taylor spoke regarding a path in the area.
1:06:11 Mr. Shlegel
Mr. Shlegel spoke regarding lining the path with rock.
1:07:43 Public Comment
Mayor Krauss opened public comment.
1:07:55 Chris Nixson, Public Comment
Mr. Nixson of 719 North Wallace Ave. spoke as a private citizen. He is pleased with what has
been done on the corner. These are tough times and we need to keep all the businesses open at
this time. He supports delays. The light should meet the City Codes. He spoke regard stream side
dining.
1:11:19 Lauren Shlegel, Public Comment
Ms. Shlegel stated that sometimes she tends to close the business by herself. She likes the
brightness of the current light. She agrees with outside seating.
1:12:08 Public Comment closed
Mayor Krauss closed public comment.
1:12:33 Mr. Shlegel
Mr. Shlegel spoke regarding the insurance issue.
1:14:22 Ms. Thorpe
Ms. Thorpe spoke regarding the informal review.
1:18:28 Mayor Krauss
Mayor Krauss spoke regarding ordering in sidewalks on Rouse.
1:18:54 Mr. Johnson
Mr. Johnson stated that sidewalks have never been ordered in on Rouse.
1:19:00 Mayor Krauss
Mayor Krauss asked how much work has been done to Peach Street over the years.
1:19:32 Mr. Johnson
Mr. Johnson spoke regarding the improvements.
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1:25:55 Cr. Becker
Cr. Becker spoke regarding the business complying with the noise ordinance.
1:26:59 Chris Saunders, Interim Planning Director
Mr. Saunders stated that the area is subject to the noise ordinance.
1:32:40 Mr. Saunders
Mr. Saunders spoke regarding a Special Improvement District waivers.
1:33:17 Mr. Saunders
Mr. Saunders spoke regarding the indemnification clause.
1:33:55 Mr. Saunders
Mr. Saunders spoke regarding the City's ability to order in sidewalks.
1:36:59 Ms. Thorpe
Ms. Thorpe spoke regarding lighting compliance. The luminance from the current light is a
problem.
1:38:41 Ms. Thorpe
Ms. Thorpe spoke regarding the closing time of the business.
1:40:06 Mr. Sullivan
Mr. Sullivan spoke regarding the City's liability.
1:45:14 Public hearing closed
Mayor Krauss closed the Public Hearing.
1:49:06 Motion to approve the Audrey's Pizza request for variance No. Z-10018 to Section
18.44, Bozeman Municipal Code for required improvements to North Rouse Avenue and
the north side of East Peach Street adjacent to subject property including curb, gutter,
sidewalk and drive access improvements.
It was moved by Cr. Becker, seconded by Cr. Taylor to approve the Audrey's Pizza request
for variance No. Z-10018 to Section 18.44, Bozeman Municipal Code for required
improvements to North Rouse Avenue and the north side of East Peach Street adjacent to
subject property including curb, gutter, sidewalk and drive access improvements.
1:50:37 Mayor Krauss
Mayor Krauss spoke regarding the variances. He spoke regarding the improvements that have
taken place and that they are in the public's interest. He spoke regarding imposing conditions to
existing lots.
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1:54:41 Cr. Andrus
Cr. Andrus spoke regarding hardships. She does not see hardships in the things that the City is
asking the applicant to do. She spoke regarding the Unified Development Ordinance.
1:57:48 Cr. Mehl
Cr. Mehl spoke regarding setting a precedent.
1:58:47 Cr. Becker
Cr. Becker spoke regarding the process and reasons that the Commission reclaimed review
authority.
2:05:10 Mayor Krauss
Mayor Krauss spoke regarding ordering in sidewalks.
2:07:18 Mayor Krauss
Mayor Krauss spoke regarding adaptive re-use.
2:14:38 Amendment to the Main Motion
Cr. Becker began his amendment to the Main Motion regarding the indemnification but was
interrupted in order to clarify the intent before the rest of the Motion was stated.
2:17:49 Amendment to the Main Motion that on a special condition of the variance that in
consideration of the approval to defer installation of curbing and/or sidewalks until
completion of Rouse Improvements the development shall execute a hold harmless and
indemnification agreement indemnifying, defending and holding harmless the City, its
employees, agents and assigns from and against any and all liabilities, loss, claims, causes of
action, judgments and damages resulting from or arising out of the issuance of a re-use or
conditional use permit at this site and the condition or absence of the sidewalks and/or
curbs. This hold harmless and indemnification shall be in a form acceptable to the City
Attorney. The developer recognizes, acknowledges and assumes the increased risk because
sidewalks and/or curbs do not exist at the site or are not to City standards. The developer
shall provide and maintain liability insurance which shall name the City as an additional
insured and such issuance shall not be cancelled without at least forty-five days prior notice
to the City. The developer shall furnish evidence, satisfactory to the City, of all such
policies and the effective dates thereof.
It was moved by Cr. Becker, seconded by Cr. Taylor that on a special condition of the
variance that in consideration of the approval to defer installation of curbing and/or
sidewalks until completion of Rouse Improvements the development shall execute a hold
harmless and indemnification agreement indemnifying, defending and holding harmless
the City, its employees, agents and assigns from and against any and all liabilities, loss,
claims, causes of action, judgments and damages resulting from or arising out of the
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issuance of a re-use or conditional use permit at this site and the condition or absence of the
sidewalks and/or curbs. This hold harmless and indemnification shall be in a form
acceptable to the City Attorney. The developer recognizes, acknowledges and assumes the
increased risk because sidewalks and/or curbs do not exist at the site or are not to City
standards. The developer shall provide and maintain liability insurance which shall name
the City as an additional insured and such issuance shall not be cancelled without at least
forty-five days prior notice to the City. The developer shall furnish evidence, satisfactory to
the City, of all such policies and the effective dates thereof.
2:28:57 Stacy Ulmen, City Clerk
Ms. Ulmen read back the Amendment.
2:30:04 Vote on the Amendment to the Main Motion that on a special condition of the
variance that in consideration of the approval to defer installation of curbing and/or
sidewalks until completion of Rouse Improvements the development shall execute a hold
harmless and indemnification agreement indemnifying, defending and holding harmless
the City, its employees, agents and assigns from and against any and all liabilities, loss,
claims, causes of action, judgments and damages resulting from or arising out of the
issuance of a re-use or conditional use permit at this site and the condition or absence of the
sidewalks and/or curbs. This hold harmless and indemnification shall be in a form
acceptable to the City Attorney. The developer recognizes, acknowledges and assumes the
increased risk because sidewalks and/or curbs do not exist at the site or are not to City
standards. The developer shall provide and maintain liability insurance which shall name
the City as an additional insured and such issuance shall not be cancelled without at least
forty-five days prior notice to the City. The developer shall furnish evidence, satisfactory to
the City, of all such policies and the effective dates thereof.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:30:22 Vote on the Main Motion as Amended to approve the Audrey's Pizza request for
variance No. Z-10018 to Section 18.44, Bozeman Municipal Code for required
improvements to North Rouse Avenue and the north side of East Peach Street adjacent to
subject property including curb, gutter, sidewalk and drive access improvements and that
on a special condition of the variance that in consideration of the approval to defer
installation of curbing and/or sidewalks until completion of Rouse Improvements the
development shall execute a hold harmless and indemnification agreement indemnifying,
defending and holding harmless the City, its employees, agents and assigns from and
against any and all liabilities, loss, claims, causes of action, judgments and damages
resulting from or arising out of the issuance of a re-use or conditional use permit at this site
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and the condition or absence of the sidewalks and/or curbs. This hold harmless and
indemnification shall be in a form acceptable to the City Attorney. The developer
recognizes, acknowledges and assumes the increased risk because sidewalks and/or curbs
do not exist at the site or are not to City standards. The developer shall provide and
maintain liability insurance which shall name the City as an additional insured and such
issuance shall not be cancelled without at least forty-five days prior notice to the City. The
developer shall furnish evidence, satisfactory to the City, of all such policies and the
effective dates thereof.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:30:39 Motion to approve the Audrey's Pizza request for variance No. Z-10018 to Section
18.46.020.J, Bozeman Municipal Code for required parking lot curbing.
It was moved by Cr. Becker, seconded by Cr. Taylor to approve the Audrey's Pizza request
for variance No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required
parking lot curbing.
2:36:36 Vote on the Amendment to approve the Audrey's Pizza request for variance No. Z-
10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot curbing.
Those voting Aye being Cr. Becker and Mayor Krauss.
Those voting No being Crs. Taylor, Mehl and Andrus.
The motion failed 2-3.
2:37:10 Motion to approve the Audrey's Pizza Cabaret License Conditional Use
Permit/Certificate of Appropriateness No. Z-10018 as conditioned by staff.
It was moved by Cr. Becker, seconded by Cr. Taylor to approve the Audrey's Pizza
Cabaret License Conditional Use Permit/Certificate of Appropriateness No. Z-10018 as
conditioned by staff.
2:38:27 Motion that the storm water pond be installed as designed.
It was moved by Cr. Andrus, seconded by Cr. Mehl that the storm water pond be installed
as designed.
2:40:11 Motion withdrawn that the storm water pond be installed as designed.
Cr. Andrus withdrew her motion that the storm water pond be installed as designed.
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2:40:25 Cr. Mehl
Cr. Mehl supported withdrawing the Motion regarding the storm pond.
2:40:32 Motion and Vote to strike condition number 8 (picnic tables).
It was moved by Cr. Mehl, seconded by Cr. Becker to strike condition number 8 (picnic
tables).
Those voting Aye being Crs. Mehl, Becker, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:41:14 Motion to strike condition number 7 (hours of operation).
It was moved by Cr. Becker, seconded by Cr. Taylor to strike condition number 7 (hours of
operation).
2:44:02 Amendment to the Motion to add a clause that says that food and beverage service
hours will not extend beyond 11 p.m.
It was moved by Cr. Taylor, seconded by Cr. Andrus to add a clause that says that food
and beverage service hours will not extend beyond 11 p.m.
2:44:28 Cr. Taylor
Cr. Taylor withdrew his amendment to add a clause that says that food and beverage hours
will not extend beyond 11 p.m.
2:44:55 Vote on the Motion to strike condition number 7 (hours of operation).
Those voting Aye being Crs. Becker, and Mayor Krauss.
Those voting No being Crs. Taylor, Mehl and Andrus.
The motion failed 2-3.
2:45:14 Motion to amend Condition No. 7 to read food and beverage service hours shall not
extend beyond 11 p.m.
It was moved by Cr. Taylor, seconded by Cr. Mehl to amend Condition No. 7 to read food
and beverage service hours shall not extend beyond 11 p.m.
2:45:52 Vote on the Motion to Amend Condition No. 7 to read food and beverage service
hours shall not extend beyond 11 p.m.
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Those voting Aye being Crs. Taylor, Mehl, Andrus and Becker.
Those voting No being Mayor Krauss.
The motion passed 4-1.
2:46:16 Vote on the Main Motion to approve the Audrey's Pizza request for variance No. Z-
10018 to Section 18.44, Bozeman Municipal Code for required improvements to North
Rouse Avenue and the north side of East Peach Street adjacent to subject property
including curb, gutter, sidewalk and drive access improvements.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:46:33 Motion and Vote to direct staff to work with NW Energy for future instances, and
maybe fixing this, and if possible, a low or no cost to applicant improvement at this site.
It was moved by Cr. Becker, seconded by Cr. Mehl to direct staff to work with
NorthWestern Energy for future instances, and maybe fixing this, and if possible, a low or
no cost to applicant improvement at this site.
Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:47:31 Break
3:05:54 Meeting called Back to Order
3:06:22 Motion to reconsider the motion denying the Audrey's Pizza request for variance
No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required parking lot
curbing.
It was moved by Cr. Taylor, seconded by Cr. Mehl to reconsider the motion denying the
Audrey's Pizza request for variance No. Z-10018 to Section 18.46.020.J, Bozeman
Municipal Code for required parking lot curbing.
3:10:09 Vote on the Motion to reconsider the motion denying the Audrey's Pizza request
for variance No. Z-10018 to Section 18.46.020.J, Bozeman Municipal Code for required
parking lot curbing.
Those voting Aye being Crs. Taylor, Becker and Mayor Krauss.
Those voting No being Crs. Mehl and Andrus.
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The motion passed 3-2.
3:11:01 Motion to approve parking lot improvements as submitted with the finding that the
parking lot improvements approved with the initial Re-USE COA Application Z-09027
provides appropriate drainage and soil erosion control and pin down curbing is acceptable
under the circumstances.
It was moved by Cr. Taylor, seconded by Cr. Becker to approve parking lot improvements
as submitted with the finding that the parking lot improvements approved with the initial
Re-USE COA Application Z-09027 provides appropriate drainage and soil erosion control
and pin down curbing is acceptable under the circumstances.
3:13:39 Mayor Krauss
Mayor Krauss re-opened the Public Hearing.
3:17:42 Vote on the Motion to approve parking lot improvements as submitted with the
finding that the parking lot improvements approved with the initial Re-USE COA
Application Z-09027 provides appropriate drainage and soil erosion control and pin down
curbing is acceptable under the circumstances
Those voting Aye being Crs. Taylor, Becker, Mehl, and Mayor Krauss.
Those voting No being Cr. Andrus.
The motion passed 4-1.
3:18:07 2. Provisional Adoption of Ordinance No. 1784, Providing that the Bozeman
Municipal Code be Amended by adding Chapter 2.86 of said Code providing for the
Creation of the Economic Development Council and Establishing the Duties and
Responsibilities thereof (Fontenot)
3:18:23 Brit Fontenot, Assistant to the City Manager
Mr. Fontenot gave the staff presentation regarding the Provisional Adoption of Ordinance No.
1784, Providing that the Bozeman Municipal Code be Amended by adding Chapter 2.86 of said
Code providing for the Creation of the Economic Development Council and Establishing the
Duties and Responsibilities thereof.
3:20:17 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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3:20:24 Motion and Vote to provisionally adopt Ordinance No. 1784, Providing that the
Bozeman Municipal Code be Amended by adding Chapter 2.86 of said Code providing for
the Creation of the Economic Development Council and Establishing the Duties and
Responsibilities thereof, and direct staff to return to the Commission with changes, if any,
for final adoption of Ordinance No. 1784 on April 26, 2010.
It was moved by Cr. Mehl, seconded by Cr. Andrus to provisionally adopt Ordinance No.
1784, Providing that the Bozeman Municipal Code be Amended by adding Chapter 2.86 of
said Code providing for the Creation of the Economic Development Council and
Establishing the Duties and Responsibilities thereof, and direct staff to return to the
Commission with changes, if any, for final adoption of Ordinance No. 1784 on April 26,
2010.
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:21:27 6. Appointments to the Community Affordable Housing Advisory Board
(Kissel)
3:21:38 Motion to appoint Kris Keller and Daniel Simonich to the Board.
It was moved by Cr. Taylor, seconded by Cr. Mehl to appoint Kris Keller and Daniel
Simonich to the Board.
3:22:54 Vote on the Motion to appoint Kris Keller and Daniel Simonich to the Board.
Those voting Aye being Crs. Taylor, Mehl, Andrus, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:23:06 The remaining items on this Agenda will be moved to next Monday.
3:23:12 K. FYI/Discussion
1. Reminder of April 19th Commission Meeting Early Start Time of 5:30 p.m.
3:23:32 L. Adjournment
Mayor Krauss adjourned the meeting at 10 p.m.
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______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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