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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 18, 2011
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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 18, 2011. 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 Deputy City Clerk Aimee Kissel.
These minutes are not word for word and should be considered along with the audio recording.
0:00:34 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
0:00:38 B. Pledge of Allegiance and a Moment of Silence
0:01:21 C. Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda.
Mr. Kukulski said there were no changes to the agenda.
0:01:38 D. Minutes - March 7, 2011
0:01:41 Motion and Vote to approve the minutes of March 7, 2011.
It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the minutes of March 7,
2011.
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:01:59 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Award of Bid to Associated Pool Builders for
Replacement of the filter system at Bogert Pool (McCarthy)
3. Ratify Buttrey's Solvent Site Cost Recovery Payment of $6,299.46 (Cooper)
4. Approve the Building Division Monthly Report for March 2011 (Risk)
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0:02:01 Public comment on consent.
Mayor Krauss opened public comment on consent items.
Seeing no public comment, Mayor Krauss closed public comment.
0:02:27 Motion to approve consent items E. 1-4 as listed.
It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items E. 1-4 as
listed.
0:02:38 Cr. Mehl
Cr. Mehl thanked staff on their work with the swim center pool filter notice of award.
0:02:53 Mayor Krauss announced he would be voting no on consent because of item #4.
0:03:02 Vote on the motion to approve consent items E. 1-4 as listed.
Those voting Aye being Crs. Andrus, Becker, Taylor, and Mehl.
Those voting No being Mayor Krauss.
The motion passed 4-1.
0:03:18 F. Public Comment
Mayor Krauss opened general public comment. Seeing none, he closed public comment.
0:04:21 G. Special Presentation - Warming Hut Report (Human Resource Development
Council)
0:04:43 Ron Brey, Volunteer with the Warming Center Committee, Greater Gallatin Homeless
Action Coalition
Mr. Brey provided a presentation and handouts on the success of the warming center.
0:15:09 Cr. Mehl
Cr. Mehl thanked the community for stepping up for the warming center and HRDC for their
leadership.
0:15:21 Commission questions for presenter.
0:18:49 Heather Grenier, Human Resource Development Council
Ms. Grenier answered questions regarding normal funding routes homeless shelters in other
cities use.
0:21:06 H. Action Items
0:21:30 1. Appointments to the Bozeman Area Bicycle Advisory Board (Kissel)
0:21:35 Public Comment
Mayor Krauss opened public comment. Seeing none, he closed public comment.
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0:21:42 Cr. Taylor
Cr. Taylor recused himself from this item as one of the applicants is his sister-in-law.
0:22:16 Motion and Vote to appoint Anne Thompson to be the County representative and
Sarah Compton to be the at-large representative.
It was moved by Cr. Mehl, seconded by Cr. Andrus to appoint Anne Thompson to be the
County representative and Sarah Compton to be the at-large representative.
Those voting Aye being Crs. Mehl, Andrus, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:23:01 2. Appointment to the Recreation and Parks Advisory Board (Kissel)
0:23:07 Public Comment
Mayor Krauss opened public comment on this item.
No person commented.
Mayor Krauss closed public comment.
0:23:13 Motion and Vote to appoint Jesse Ruth Tufte to the Recreation and Parks
Advisory Board.
It was moved by Cr. Becker, seconded by Cr. Taylor to appoint Jesse Ruth Tufte to the
Recreation and Parks Advisory Board.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:23:43 3. Bozeman Area Bicycle Advisory Board (BABAB) and Pedestrian and Traffic
Safety Committee (PTSS) Discussion with the Commission (Van Delinder)
0:23:49 Mayor Krauss introduced the discussion at hand.
0:24:35 Ralph Zimmer, Chair of the Bozeman Pedestrian and Traffic Safety Committee
Mr. Zimmer introduced himself and the other members of the Committee in attendance. These
included Gary Vodehnal, vice-chair, Frank Monseau and Sam Miller. He then explained that
only several appointments to this Committee are made by the City Commission as this is a joint
Committee. Mr. Zimmer provided a listing of his major concerns. These included construction,
maintenance and gaps in sidewalks, moving ahead with Safe Routes to School projects, Bike-
Pedestrian Coordinator or short term alternatives and discouraging distracted driving.
0:28:23 Bill Cochran, Chair of the Bozeman Area Bicycle Advisory Board
Mr. Cochran introduced himself and then introduced the board members in attendance. These
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included Jason Delmue, Sarah Compton, Sam Haroldson, Audrey Kalinowski, Nonnie
Thompson, Elizabeth Williamson and Rebecca Gleason. The major concerns the bike board has
moving forward are continuing to fill in gaps in bike lane facilities; insuring new construction
has bike/pedestrian facilities, implementation of the Safe Routes To School projects, getting a
Bike-Pedestrian Coordinator, and the distracted driving issue.
0:29:38 Mayor Krauss
Mayor Krauss began questions asking for the name of the next street BABAB would like to be
striped, prompting discussion between board members and the Commission.
0:38:04 Ms. Gleason, Bike Board
Ms. Gleason stated several areas the Bike Board would like to see addressed. Among these were
seeing the North Seventh Bridge that will soon be replaced by MDT with up to date
bike/pedestrian facilities, improvements to the airport interchange, Highland Boulevard crossings
for trails/pedestrian users, and improvements to the South 19th crossing from Marsh Labs to
campus which is impossible for a handicapped person to navigate. Ms. Gleason also said the
board will look at the Transportation Plan which has identified needs and begin prioritizing.
0:40:06 Discussion took place regarding a bike / pedestrian coordinator and related topics.
0:50:30 Gary Vodehnal, Pedestrian and Traffic Safety Committee
Mr. Vodehnal provided a handout regarding how some of the larger Montana cities have and
fund a bike / pedestrian coordinator and began discussion on a coordinator, the sidewalk gaps in
Bozeman and the Safe Routes to School projects that need completed.
0:57:44 Cr. Andrus continued the discussion stating that the Parking Commission is looking at
places downtown where bike racks will be placed.
0:58:24 Mayor Krauss
Mayor Krauss spoke regarding the accomplishments the City has made towards bicycle and
pedestrian infrastructure and then continued the discussion regarding what is now needed and the
funding that is normally used for these projects.
1:03:22 Frank Monseau, Pedestrian & Traffic Safety Committee
Mr. Monseau spoke further regarding the concerns of the Pedestrian and Traffic Safety
Committee including a list of specific locations that need sidewalks.
1:07:12 Mayor Krauss
Mayor Krauss followed up on Mr. Monseau's statements regarding cell phone use while driving,
prompting further discussion on the subject.
1:09:59Mayor Krauss
Mayor Krauss spoke regarding the need for the Committee and Board to also discuss these issues
with the County.
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1:19:02 Ron Price, Chief of Police
Police Chief Ron Price reported that the police department began keeping track of data on
February 1st from witness testimony, admissions and statements from drivers focused primarily
on cell phone use during an accident. He provided a review of this data. Mr. Price also reported
information he had gleaned from sister cities who are dealing with these issues.
1:22:31 Continued discussion regarding cell phone use while driving.
1:24:36 Discussion about funding of a bike / pedestrian coordinator was prompted by
Commissioner Andrus.
1:28:24 Ralph Zimmer, Pedestrian and Traffic Safety Committee
Mr. Zimmer suggested that 'coffee talks' occur with knowledgeable representatives of
engineering, planning, etc. to allow some of these bicycle / pedestrian issues to surface. The
PTSC and BABAB would be invited to these informal talks.
1:35:49 Mayor Krauss
Mayor Krauss spoke regarding pedestrian and bicyclist problems at the intersection of South
Seventh and Kagy.
1:43:41 Cr. Taylor
Carson Taylor said he would speak with a few people in the school district to lobby for a person
to be involved in the vacant seat for a School District representative on the Committee.
1:48:20 Elizabeth Williamson, Bike to Work Week
Ms. Williamson announced that BABAB is sponsoring "Bike Week' the third week of May from
May 12 to 21.
1:49:25 Break
2:08:31 Back from Break
2:08:37 4. Agreement with the Friends of the Story, Inc. (Kukulski)
2:08:49 Chris Kukulski, City Manager
Mr. Kukulski provided a brief background on this item.
2:16:09 Cr. Taylor
Cr. Taylor read the following disclosure statement into the record; "I've been a long time
supporter of historic preservation and the historic preservation of the historic mansion as has
been my spouse Dede. She has been quite active in the area of historic preservation and was on
the city's Historic preservation board for many years. More recently she has been one of the
original board members of the Friends of the Story. In September of 2010 after a larger and more
permanent board was established, she resigned from the board. She did so to allow herself more
time to pursue her career as an art historian at Montana State University and to limit the lending
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of her skills to the Story Mansion. Therefore she has no decision making authority or voting
ability regarding the policy and decision making of the Friends of the Story and she has not had
such since September, 2010. At present she has been appointed to the advisory board of the
friends, which has the function of advising the current board from time to time. I am not aware
that there has ever been an advisory board meeting, but I think advisory board members have
occasionally been asked to attend board meetings. She has organized events for the friends and
presently gives tours of the Mansion to the public. Neither of us have a financial interest in the
outcome of the discussion regarding the Mansion. On several occasions I have discussed with the
city attorney whether or not there is anything in my relationship with the Story Mansion that
amounts to a conflict of interest and he has indicated there is not. We did decide a full disclosure
is in the best interest of transparency in government and it is for that reason I have taken your
time to make the above statement.
2:18:34 The Commission began questions for staff.
2:24:35 Andy Epple, Chairman of the Friends of the Story Board of Directors
Mr. Epple thanked staff for working on the memorandum of agreement with the Friends of the
Story and provided the applicant presentation on behalf of the Friends of the Story. Mr. Epple
requested that section six be revised and explained why. This change would change the time
period mentioned in section six from a fiscal year to calendar year.
2:27:41 Mayor Krauss invited those with proposals to present to the Commission.
2:28:02 Gordon (Corky) Brittan, Director of Development for Exergy Integrated Systems a
Montana Company
Mr. Brittan provided context for what will be an offer for Exergy to buy the Story Mansion.
2:36:03 Mike Elliott, Thrive
Mr. Elliott spoke regarding the letter of interest local non-profit Thrive has put forward to the
City and the Commission and provided an overview of their preliminary plan.
2:39:09 Debra Neumann, Thrive
Ms. Neumann spoke on behalf of Thrive explaining that having a building has been one of
Thrive's long range goals and they have ideas for an overall community space in the Carriage
House.
2:40:19 Cr. Taylor asked questions of applicants.
2:43:38 Public Comment
Mayor Krauss opened public comment.
2:44:19 Bob Chase, Public Comment
Mr. Chase of 433 South Black said he would like the City to recoup all the money invested in the
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Story Mansion and have a clear transfer of title from the City. Mr. Chase philosophized about
what Story Nelson would have done.
2:47:23 Public Comment closed.
Seeing no further public comment, Mayor Krauss closed public comment.
2:47:28 The Commission began discussion on this item.
3:30:25 Motion to authorize the City Manager to sign an agreement with the Friends of the
Story.
It was moved by Cr. Andrus, seconded by Cr. Becker to authorize the City Manager to sign
an agreement with the Friends of the Story.
3:30:39 Amendment to the Main motion to change section 6 from fiscal year to calendar
year.
It was moved by Cr. Becker, seconded by Cr. Taylor to amend the main motion to change
section 6 from fiscal year to calendar year.
3:30:51 Vote on the amendment to the main motion to change section 6 from fiscal year to
calendar year.
Those voting Aye being Crs. Becker, Taylor, Mehl and Andrus.
Those voting No being Mayor Krauss.
The amendment to the main motion passed 4-1.
3:32:13 Andy Epple, Chairman of the Friends of the Story Board of Directors
Mr. Epple said the memorandum of agreement becomes a mute point if the city goes forward
with entertaining other proposals. Mr. Epple suggested the city proceed with an expedited
process with criteria for proposals.
3:37:45 Motion to amend the main motion that the time period of authorization for the city
manager to sign the MOA be any time between now and Sept. 1, 2011.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion that the
time period of authorization for the city manager to sign the MOA be any time between
now and Sept. 1, 2011.
3:38:20 Discussion on the amendment to the motion.
3:39:14 Vote on the amendment to the main motion that the time period of authorization
for the city manager to sign the MOA be any time between now and Sept. 1, 2011.
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Those voting Aye being Crs. Taylor, Andrus and Becker.
Those voting No being Cr. Mehl and Mayor Krauss.
The amendment to the main motion passed 3-2.
3:39:34 Amendment to the main motion on page 4 of 6 (first paragraph, section 6) to delete
up to a maximum of 5000 in any given 12 month period.
It was moved by Cr. Taylor, seconded by Cr. Mehl to amend the main motion to change, on
page 4 of 6 (first paragraph, section 6) of the MOA to delete up to a maximum of 5000 in
any given 12 month period.
Those voting Aye being Crs. Taylor, Mehl and Andrus.
Those voting No being Cr. Becker and Mayor Krauss.
The amendment to the main motion passed 3-2.
3:41:14 Vote on the motion to authorize the City Manager to sign an agreement with the
Friends of the Story with the amendment to change section 6 from fiscal year to calendar
year and amendment that the time period of authorization for the city manager to sign the
MOA be any time between now and Sept. 1, 2011 and amendment on page 4 of 6 (first
paragraph, section 6) to delete up to a maximum of 5000 in any given 12 month period.
Those voting Aye being Crs. Andrus and Taylor.
Those voting No being Cr. Becker, Mehl and Mayor Krauss.
The motion failed 2-3.
3:41:34 Discussion regarding potential proposals.
3:48:19 Motion to direct staff to return to the Commission in a brief period of time (within
2 weeks) the specific elements we expect to be addressed in a proposal to be returned to the
Commission in no later than 90 days (from today) for final decision.
It was moved by Cr. Becker, seconded by Taylor to direct staff to return to the Commission
in a brief period of time (within 2 weeks) the specific elements we expect to be addressed in
a proposal to be returned to the Commission in no later than 90 days (from today) for final
decision.
3:50:02 Gordon Brittan, Exergy
Mr. Brittan spoke to the issues related to non-profit versus profit status.
3:51:33 Greg Sullivan, City Attorney
Mr. Sullivan clarified that if the proposal does come from a for profit organization, then the
appraisal requirement comes in.
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3:52:19 Rules of procedure suspended for twenty minutes.
Mayor Krauss suspended the rules of procedure for twenty minutes to allow the meeting to
extend past ten p.m.
3:53:02 Motion repeated.
Ms. Kissel repeated the motion on the table per request from the Commissioners.
3:53:18 Mayor Krauss handed the gavel to Deputy Mayor Becker.
3:53:31 Amendment to the main motion to add before Cr. Becker's motion; "Investigate
the transfer of property to other entities including the two entities that have preliminarily
proposed tonight."
It was moved by Cr. Krauss, seconded by Cr. Mehl to amend the main motion to add
before Cr. Becker's motion; "Investigate the transfer of the property to other entities
including the two entities that have preliminarily proposed tonight".
3:55:14 Discussion on the amendment to the main motion.
3:56:56 Mr. Sullivan clarified how the process will work after the proposals are received in 90
days.
3:57:56 Vote on the amendment to the main motion to add before Cr. Becker's motion;
"Investigate the transfer of property to other entities including the two entities that have
preliminarily proposed tonight.”
Those voting Aye being Crs. Krauss, Taylor, Mehl, Andrus and Deputy Mayor Becker.
Those voting No being none.
The amendment to the main motion passed 5-0.
3:58:23 Vote on the main motion as amended to investigate the transfer of property to
other entities including the two entities that have preliminarily proposed tonight and direct
staff to return to the Commission in a brief period of time (within 2 weeks) the specific
elements we expect to be addressed in a proposal to be returned to the Commission in no
later than 90 days (from today) for final decision.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:58:33 Mayor Krauss took the gavel back from Deputy Mayor Becker.
3:58:58 Andy Epple, Chairman of the Friends of the Story Board of Directors
Mr. Epple asked the City Commission to reconsider the motion on the memorandum of
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agreement saying he had been rash in saying the Friends would not sign the agreement as that
would be a board decision.
4:01:11 Motion and Vote to reconsider the motion (regarding the memorandum of
agreement).
It was moved by Cr. Mehl, seconded by Cr. Andrus to reconsider the motion (regarding the
memorandum of agreement).
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:01:49 Motion to vote on the previous motion to approve the MOA as amended, "to
authorize the City Manager to sign an agreement with the Friends of the Story with the
amendment to change section 6 from fiscal year to calendar year and amendment that the
time period of authorization for the City Manager to sign the Memorandum of Agreement
be any time between now and Sept. 1, 2011 and with the amendment on page 4 of 6 (first
paragraph, section 6) to delete up to a maximum of 5000 in any given 12 month period.”
Those voting Aye being Crs. Mehl, Andrus and Taylor.
Those voting No being Cr. Becker and Mayor Krauss.
The motion passed 3-2.
4:02:16 Gordon Brittan, Exergy
Mr. Brittan asked for clarification regarding the Commission’s actions.
4:02:34 Mayor Krauss
Mayor Krauss clarified that the motions allow the city to enter into a contract for the Friends of
the Story to operate while we are still entertaining proposals from Exergy, Thrive, or another
interested party within 90 days. The criteria for proposals will be available within two weeks.
4:04:31Gordan Brittan, Exergy
Mr. Brittan asked the Commissioners for further clarification.
4:05:09 The Commission further clarified their actions and understanding on the motions just
passed.
4:06:48 Motion and Vote to require the City Manager to invite Thrive and Exergy to
propose and to make clear that nothing in the agreement with the Friends of the Story
interferes with their proposal.
It was moved by Cr. Becker, seconded by Cr. Taylor to require the City Manager to invite
Thrive and Exergy to propose and to make clear that nothing in the agreement with the
Friends of the Story interferes with their proposal.
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Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:07:29 5. Resolution No. 4312, Revision of Story Mansion Rental and Deposit Fees
4:07:39 Ron Dingman, Director of Parks and Recreation
Mr. Dingman gave the staff presentation on this item.
4:10:37 The Commission asked questions of staff.
4:14:05 Public Comment
Mayor Krauss opened public comment.
4:14:15 Andy Epple, Chairman of Friends of the Story Board of Directors
Mr. Epple said the Friend of the Story are appreciative that staff has reworked the schedule. They
are eager to see the revised rates so they can generate some rental revenues for the facility. The
Friends of the Story support the fee resolution.
4:14:55 Public comment closed.
Seeing no further public comment, Mayor Krauss closed public comment.
4:15:07 Motion to approve Resolution No. 4312, revising the Story Mansion rental and
deposit fees. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve Resolution No.
4312, revising the Story Mansion rental and deposit fees.
4:16:14 Amendment and Vote on the motion to include under rental times, holiday rates
applying on the following holidays to include (MSU) Graduation, Easter and Thanksgiving.
It was moved by Cr. Andrus, seconded by Cr. Becker to include under rental times, holiday
rates applying on the following holidays to include (MSU) Graduation, Easter and
Thanksgiving.
Those voting Aye being Crs. Andrus, Becker, Taylor, Mehl and Mayor Krauss.
Those voting No being none.
The amendment to the main motion passed 5-0.
4:17:08 Rules of procedure suspended for another fifteen minutes.
Mayor Krauss suspended the rules of procedure for another fifteen minutes to allow the meeting
to continue.
4:17:11 Amendment to the main motion and Vote that the main clean up deposit will
remain $400 for all other rooms, but reduce the cleaning deposit to $100 for the Library.
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It was moved by Cr. Mehl, seconded by Cr. Andrus to amend the main motion that the
clean up deposit will remain $400. for all other rooms, but reduce the cleaning deposit to
$100. for the Library.
Those voting Aye being Crs. Mehl, Andrus, Becker, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:18:56 Amendment to the main motion to strike the two hour minimum on the library.
It was moved by Cr. Becker, seconded by Cr. Taylor to amend the main motion to strike
the two hour minimum on the Library.
4:19:41 Chuck Winn, Assistant City Manager
Mr. Winn clarified the intent of time requirements for the library.
4:21:23 Vote on the amendment to the main motion to strike the two hour minimum on the
library.
Those voting Aye being Crs. Becker, Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:21:46 Vote on the main motion as amended to approve Resolution No. 4312, revising the
Story Mansion rental and deposit fees and to include under rental times, holiday rates
applying on the following holidays to include (MSU) Graduation, Easter and Thanksgiving
and that the main clean up deposit will remain $400 but reduce the cleaning deposit to $100
for the Library and to strike the two hour minimum on the Library.
Those voting Aye being Crs. Taylor, Mehl, Andrus and Becker.
Those voting No being Mayor Krauss.
The motion passed 5-0.
4:22:36 FYI / Discussion
4:22:39 1. Earth Week Events
Brit Fontenot thanked the Commission for those that participated in the cleanup day event. He
said the Run for the Earth Day went well and there are more events scheduled throughout the
week for Earth Week.
4:23:22 2. Vacancy on the Economic Development Council
Mr. Fontenot announced there is a vacancy on the Economic Development Council due to term
expiration.
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4:24:05 3. Monthly vs. Quarterly Building Reports
Cr. Mehl asked the other Commissioners if they were willing to receive a building report
quarterly rather than monthly. The other Commissioners did not agree and would still prefer
receiving the report monthly.
4:25:02 4. Rouse Avenue will be closed at the I-90 bridge for two weeks.
Debbie Arkell, Public Works Director announced that Rouse Avenue will be closed at the I-90
bridge for two weeks from April 24th to May 6th. There is a public meeting on Wednesday at 1
p.m. the Microtell Motel/Hotel.
4:25:34 5. Left turn arrows at Kagy and Eleventh.
Debbie Arkell, Public Works Director announced there is now a left turn arrows have been
installed on the signal at Kagy and Eleventh for east bound traffic on Kagy to turn north onto
Eleventh. This should help congestion there.
4:26:13 6. Lighting Work on Willson Ave.
Chuck Winn, Assistant City Manager says the work being done on Willson Ave. is in
preparation of the street lights being replaced this summer.
4:26:42 J. Adjournment
Mayor Krauss adjourned the meeting at 10:35 p.m.
____________________________________ Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
_____________________________________ Aimee Kissel, Deputy City Clerk
Approved on ___________________________.
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