HomeMy WebLinkAboutJanuary 23, 2012 Minutes1 of 12
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 23, 2012
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, January 23, 2012. Present were Mayor Sean Becker, Commissioner Cyndy
Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, 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.
0:00:10 A. Call to Order – 5 p.m. – Commission Room, City Hall, 121 North
Rouse
0:00:10 B. Executive Session - Litigation Strategy
The Mayor closed to the public this meeting pursuant to Sect. 2-3-203(4)(a), MCA, as the Mayor
finds the meeting involved a discussion of litigation strategy and an open meeting would have
had a detrimental effect on the litigation position of the City.
A separate set of confidential minutes has been prepared for the executive session.
0:00:10 C. Call to Order Regular Meeting – 6 p.m.
0:00:10 D. Pledge of Allegiance and a Moment of Silence
0:00:20 E. Changes to the Agenda
Mayor Becker asked if there were any changes to the agenda.
0:00:28 Chris Kukulski, City Manager
Mr. Kukulski reported that item K 1. the joint meeting with the Community Affordable Housing
Advisory Board is to be moved up to before the action items. He also pointed out that the first
action item for a minor subdivision preliminary plat application should be identified as a quasi-
judicial item.
0:02:46 G. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign a Professional Services Agreement with
Morrison Maierle, Inc. for a 2012 Water Renovations Field Survey
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(Murray)
3. Approve Buttrey's Solvent Site Cost Recovery payment in the amount of
$5,140.42 (Cooper)
4. Accept the Building Division Monthly Report for December 2011 (Risk)
5. Appoint Mayor Becker and Commissioner Mehl to review depository
bonds and pledged securities as of December 31, 2011 (Clark)
6. Reclaim Jurisdiction of a Change of Use and Certificate of
Appropriateness with Deviation Request, Application No. Z-11288, Brown
Building Restaurant at 600 North Wallace Avenue (Thorpe)
0:02:48 Motion to approve Consent Items G. 1-6 as submitted.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve consent items G. 1-6 as
submitted.
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Becker.
Those opposed being Cr. Krauss.
The motion passed 4-1 with Commissioner Krauss opposed to item 3. approving the
Buttrey's Solvent Site Cost Recovery payment in the amount of $5,140.42.
0:03:40 Public Comment
0:03:44 Charlie Graff, Public Comment
Mr. Graff of 721 South Tracy spoke regarding the issue of water fluoridation in the city. He says
it is really hydrofluorosilic acid and sodium silicate fluoride being added to the water which has
not been fully tested for human consumption. Many cities and nations across the world have
decided to remove this substance from the city water because of personal rights issues, the
dosage cannot be controlled and no one knows for sure whether it is really safe or not. There are
people really concerned that do not want to continue buying water with these substances in it. It
is in our drinking water, showers and on our vegetables and clothing when we wash them. The
city is wasting $35,000 a year on these chemicals that it does not need to spend. This is an issue
we should all be concerned with.
0:05:35 Becky Franks, Public Comment
Ms. Franks is a citizen of Bozeman and has applied for the City-County Board of Health. She
applied for the board because she loves public health and has been an advocate of health for her
whole career. She has served as a health professional, a prevention specialist and now as the
Executive Director of the Cancer support community. Ms. Franks said it would be an honor to
serve and support the people as a member of the City-County Board of Health.
0:07:51 Rick Gale, Public Comment
Mr. Gale has applied for the City-County Board of Health and spoke as to why she would make
an excellent City-County Board of Health member. During the past five years Mr. Gale has been
a public health advocate with a focus on tobacco prevention and implementing the clean indoor
air act. He has had the privilege to address many different public health issues and spoke
regarding partnerships he has developed during his tenor as a prevention program director for
Gallatin County.
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0:08:59 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
0:09:05 I. Special Presentations
0:09:07 1. Loss Control Award Presentation (John Cummings, Montana
Municipal Interlocal Authority)
0:09:10 John Cummings, Montana Municipal Interlocal Authority (MMIA)
Mr. Cummings from Helena explained that MMIA provides the worker's compensation coverage
for the city of Bozeman. He said that Bozeman had the lowest claim rate out of all the first class
cities and towns in the state of Montana. He presented the city of Bozeman with the 2010-2011
Loss Control Award. Mr. Cummings said this is one place where local government can control
its expenditures directly through action towards its employees, enhancing safety through training
and a safety culture. Since 2005 the city of Bozeman has reduced their rates by 40% through
these efforts.
0:10:12 Chris Kukulski, City Manager
Mr. Kukulski thanked all the employees for providing a quality job and serving the public while
upholding a culture of safety. He said this is not the first time we have received this award and
this does result in direct dollar savings and more importantly reducing injury rates.
0:11:30 2. Earned Income Tax Credit Outreach from the Human Resource
Development Council (HRDC) (Tracy Menuez, HRDC)
0:11:32 Tracy Menuez, Human Resource Development Council
Ms. Menuez explained that this January 27th is earned income tax outreach day. This tax season,
your HRDC wants you to know that you can receive valuable free tax preparation assistance
through the Volunteer Income Tax Assistance (VITA) program and AARP tax-aide Montana. At
these sites, IRS certified volunteer tax preparer’s work one-on-one you to help file your tax
returns and ensure that you receive the tax credits for which you qualify. Tax credits through the
Earned Income Credit and Child Tax Credit can help low and moderate income families cover
day-to-day expenses and increase financial security. Visit the HRDC at www.thehrdc.org or
www.montanafreefile.org for a list of free tax preparation sites near you.
0:12:44 3. Storm Water Annual Update (Johnson)
0:12:46 Dustin Johnson, Engineering
Mr. Johnson provided the staff presentation on this item. Mr. Johnson explained the storm water
permit issued by the Montana State Department of Environmental Quality (DEQ) requires an
annual update to the City Commission. Mr. Johnson provided an overview of the storm water
system saying phase 2 or MS4 is a discharge permit for our storm water and is intended to clean
up storm water in the urban watershed. This can happen through things like public education and
outreach, street sweeping, storm water sampling, mapping the system, etc. All seven major
municipalities in the state have this permit. We are co-permitted with the University and the
Department of Transportation. The city of Bozeman hosted a construction storm water training
put on by the state DEQ. Recently there has been renewed interest of urban streams. Staff are
also working with the Downtown Bozeman Partnership on redesigning the parking lot at Rouse
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and Babcock to clean up the runoff. The newly founded Bozeman Creek Enhancement team is
also working with Mr. Johnson and Mr. Dingman. The city was audited in the spring by the State
DEQ. The city had eight commendable elements of our program including communication and
cooperation with co permittees. Sixteen program deficiencies were identified, most of which
were documentation and tracking issues. They had twenty-three recommendations of
improvement which included things like more public outreach. The audit found one permit
violation, a deficiency in the mapping system. All the documents are available, but spread out in
several different places. They would like to have this much more easily accessible on a GIS
mapping system but acknowledged that this will take tremendous time and resources. The city
will be submitting a work plan to the DEQ. On a staff level they have put together a Storm Water
Action Committee which will start by putting together a storm water budget and capital plan to
track actual costs of storm water which was previously placed into the streets budget. Moving
ahead, they feel comfortable with the partnerships they are involved with. They are also looking
at a few grants.
0:22:53 The Commission asked questions of staff.
0:34:07 LEED Silver Certification for City Hall
Mr. Kukulski explained the City has officially received LEED Silver Certification for City Hall.
Once the plaque arrives staff will present it to the Commission.
0:34:07 K. Policy Discussion
0:34:08 1. Joint Meeting with Community Affordable Housing Advisory Board
for the Affordable Housing Needs Assessment Presentation and Discussion (McHarg)
0:35:20 Tim McHarg, Planning Director
Mr. McHarg introduced consultants Peter and Daniel Werwath as well as Mary Martin, Tracy
Menuez and Brian LaMeres with the Community Affordable Housing Advisory Board. CAHAB
has been steering this process. The last housing needs assessment was prepared in 2003. The
work has consisted of quantitative and qualitative analysis through a series of interviews and has
had good participation through public meetings. Mr. McHarg introduced Peter Werwath and
Daniel the consultants on the Needs Assessment
0:37:58 Peter Werwath
Mr. Werwath provided a presentation on the Affordable Housing Needs Assessment recently
completed by Werwath Associates.
0:57:13 The Commission began questions for staff and consultant Peter Werwath.
1:06:18 Mr. Werwath
Mr. Werwath began speaking regarding recommendations into the future. Just a few mentioned
included stepping up the pre-purchase counseling and mortgage assistance. HRDC feels they
could go after some additional federal or state money for this program. Home repair grant money
has been very difficult to spend. One of the suggestions is that the city might take a more active
role in state policies regarding how these monies are disbursed. Rental construction can be
encouraged through the low income housing tax credit program. In addition, the city could take a
more active role in getting some of the rental rates lower through tax credits, endorsements and
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incentives. Mr. Werwath reported Many non-profits in the community have done their part in
recent years for housing for special populations but they see a desperate need for short term
transitional housing for those leaving shelters and victims of domestic violence. The consultants
would also recommend continued suspension of the work force housing ordinance.
1:25:46 Tracy Menuez, Human Resource Development Council (HRDC)
Ms. Menuez spoke regarding the need for housing for low income level individuals that are over
payin g out of their income for housing and how important it will be to get low income housing
tax credit program.
1:26:47 The Commission began discussion with staff and the consultant.
1:26:54 Mr. McHarg
Mr. McHarg explained the second phase of the study would need to be authorized. A lot of the
discussion now and going forward will be how to take these specific action items and
implementing steps.
1:28:45 Mr. Werwath
Mr. Werwath explained that part of the plan should include some capacity enhancements.
1:36:58 Public Comment
Mayor Becker opened public comment.
1:37:14 Jerry Pape, Public Comment
Mr. Pape of 15 North 25th spoke regarding his experiences with the actual costs of rent in
Belgrade and Bozeman. He said the rent for a 1500 sq. foot or smaller 3 bedroom home is $275
to $375 a bedroom. The cost of office space is also relevant to this issue and access to a regular
report of these statistics would be helpful. He also mentioned issues that arise because there are
vast discrepancies in cost across different areas within town. He would suggest that the
consultants prepare a rental report in conjunction with the Gallatin Association of Realtors or
others in the field.
1:39:43 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
1:39:50 The Commission continued discussion on this item.
1:41:58 Mr. Werwath
Mr. Werwath said they would appreciate any feedback from public officials or the public
regarding the draft of the community affordable housing report.
1:42:41 Break
Mayor Becker called for a break.
1:57:58 Mayor Becker called the meeting back to order after a break.
1:57:59 1. Huemfner Minor Subdivision Preliminary Plat Application No. P-
11006 (Skelton)
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1:58:07 J. Action Items
1:58:18 David Skelton, Planning Department
Mr. Skelton provided the staff presentation on this quasi judicial hearing.
2:05:36 Chris Budeski, on behalf of the applicant
Mr. Budeski of 895 Technology Blvd apologized on behalf of applicant Mike Huempfner for
not being at the hearing this evening. Mr. Budeski then gave the applicant presentation on this
item saying the applicant finds all the conditions of approval acceptable.
2:06:36 Public Comment
Mayor Becker opened public comment. Seeing none, Mayor Becker closed public comment.
2:06:49 Motion and Vote that having reviewed application materials, considered public
comment and all information provided, I hereby adopt the findings in the staff report and
move to approve the preliminary plat application for the Huempfner Minor Subdivision as
requested in application no. P-11006, authorizing to subdivide 8.939 acres and create two
industrial/commercial lots, subject to the conditions listed in the staff report.
It was moved by Cr. Krauss, seconded by Cr. Mehl to that having reviewed application
materials, considered public comment and all information provided, I hereby adopt the
findings in the staff report and move to approve the preliminary plat application for the
Huempfner Minor Subdivision as requested in application no. P-11006, authorizing to
subdivide 8.939 acres and create two industrial/commercial lots, subject to the conditions
listed in the staff report and noting that this is only the sixth application this year.
Those voting Aye being Crs. Krauss, Mehl, Taylor, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
2:07:51 2. Carnegie Parcels Request for Proposals (Fontenot)
2:07:55 Brit Fontenot, Economic Development Director
Mr. Fontenot provided the staff presentation on this item.
2:13:16 The Commission began questions for staff.
2:18:49 Public Comment
Mayor Becker opened public comment.
2:19:00 Jerry Pape, Public Comment
Mr. Pape of 15 North 25th spoke regarding putting the cart before the horse as he does not see a
large market for a large downtown hotel. Mr. Pape spoke regarding the hospitality industry
struggling. He would suggest a broader view of jobs equals housing. The role of this property
should be consistent new job growth for the whole community. He would also suggest that
whatever the Commission decides, parking should be integral to the building.
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2:22:18 Ashley Ogle, Public Comment
Ms. Ogle of Kenyon Noble said she is in favor of a hotel downtown but would prefer to see it on
a private parcel available downtown. She is opposed to the Carnegie Parking Lot being sold for a
downtown hotel. Downtown businesses feel this parking lot is necessary for business. She feels
the parking study that was done downtown was flawed. She also said there are other private
parcels downtown that are available for development. You must have adequate parking to have a
vital downtown. Ms. Ogle is in favor of option seven to halt the process and remove the RFP
altogether.
2:24:40 Steve Rodderick, Public Comment
Mr. Rodderick of 111 East Mendenhall spoke regarding surplus. His personal review is that
parking on that lot is quite busy. Going forward in relationship to the RFP and changing it would
be in violation of what was developed in some of these proceedings that this lot was excess. To
offer any incentives or savings to someone outside seems odd. If we are going to offer these
savings we should offer it to those already within the community.
2:28:22 Chris Naumann, Public Comment
Mr. Naumann, Executive Director of the Downtown Bozeman Partnership and a member of the
Parking Commission said he would encourage the Commission to consider keeping a downtown
hotel high on your priority list. This process has raised awareness that the Commission and
Community is interested in a downtown hotel being developed. Mr. Fontenot's recommendation
accomplishes several things.
2:31:20 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
2:31:26 Commission discussion on the item.
2:54:56 Motion to delay publishing the request for proposal and direct staff to develop an
RFQ within approximately thirty days and release it upon completion.
It was moved by Cr. Mehl, seconded by Cr. Taylor to delay publishing the request for
proposal and direct staff to develop an RFQ within approximately thirty days and release it
upon completion.
2:55:55 Motion amended to require coming back before the Commission.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion to require
coming back before the Commission.
2:56:13 Discussion on the amendment to the main motion.
2:59:38 Vote on the amendment to the main motion to require coming back before the
Commission.
Those voting Aye being Cr. Taylor.
Those voting No being Cr. Andrus, Krauss, Mehl and Mayor Becker.
The motion failed 1-4.
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3:00:06 Discussion on the main motion.
3:09:19 Vote on the main motion to delay publishing the request for proposal and direct
staff to develop an RFQ within approximately thirty days and release it upon completion.
Those voting Aye being Crs.Mehl, Taylor, Andrus and Mayor Becker.
Those voting No being Cr. Krauss.
The motion passed 4-1 with Cr. Krauss opposed.
3:09:47 3. Award of Contract for Recreation and Aquatic Facility Feasibility
Study (Dingman)
3:10:12 Ron Dingman, Parks and Recreation Superintendent
Mr. Dingman provided the staff presentation on this item.
3:15:35 Commission questions for staff.
3:29:03 Public Comment
Mayor Becker opened public comment.
3:29:25 Steve Rodderick, Public Comment
Mr. Rodderick of 111 East Mendenhall said he has invested in the community in any way that
can be viable. He is all for kids and programming and he has spent a lifetime trying to find ways
to do that with a complicated agenda. Aquatic opportunities could use some improvement and
have higher demand than supply. He has passed on the research that has been done in the past
with the Ridge Athletic Club and Bozeman Deaconess. He would like to help wherever he can
and would like as much information as possible.
3:33:10 Public Comment Closed
Mayor Becker closed public comment.
3:33:16 Motion to authorize the City manager to sign a contract with Comma Q
Architecture to conduct a recreational/aquatics feasibility study.
It was moved by Cr. Taylor, seconded by Cr. Andrus to authorize the City manager to sign
a contract with Comma Q Architecture to conduct a recreational/aquatics feasibility study.
3:33:38 Discussion on the motion.
3:38:32 Suspension of the rules of procedure.
Mayor Becker suspended the rules of procedure until 10:20 p.m. to allow the meeting to continue
past ten o'clock.
3:47:41 Amendment to main motion to strike $4,000 for an assessment of existing facilities.
It was moved by Cr. Mehl, seconded by Cr. Krauss to strike $4,000 for an assessment of
existing facilities.
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3:48:42 Discussion on the amendment to the main motion.
3:55:35 Rules of Procedure Suspended.
Mayor Becker suspended the rules of procedure for 15 minutes to allow the meeting to continue.
4:07:07 Vote on the amendment to the main motion to strike $4,000. for an assessment of
existing facilities.
Those voting Aye being none.
Those voting No being Cr. Mehl, Krauss, Taylor, Andrus and Mayor Becker.
The motion failed 0-5.
4:07:32 Amendment to the main motion to remove the poll (from the contract).
It was moved by Cr. Krauss, seconded by Cr. Mehl to amend the main motion to remove
the poll (from the contract).
4:08:45 Discussion on the amendment to the main motion.
4:12:55 Motion and Vote to suspend the meeting until 11 p.m.
It was moved by Cr. Krauss, seconded by Cr. Taylor to suspend the meeting until 11 p.m.
Those voting No being Crs. Krauss, Taylor, Mehl and Mayor Becker.
Those voting No being Cr. Andrus.
The motion passed 4-1.
4:13:20 Vote on the amendment to the main motion to remove the poll.
Those voting Aye being Crs. Krauss, Mehl and Andrus.
Those voting No being Cr. Taylor and Mayor Becker.
The motion passed 3-2 with Cr. Taylor and Mayor Becker opposed.
4:13:54 Vote on the main motion as amended to authorize the City manager to sign a
contract with Comma Q Architecture to conduct a recreational/aquatics feasibility study,
removing the poll.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker.
Those voting No being Cr. Krauss.
The motion passed 4-1 with Cr. Krauss opposed.
4:14:27 4. (Re)Appointments to the City-County Board of Health (Kissel)
4:15:00 Motion and Vote to re-appoint Burk Knighton as the joint city-county
representative to the City-County Board of Health.
It was moved by Cr. Taylor, seconded by Cr. Andrus to re-appoint Burk Knighton as the
joint city-county representative to the City-County Board of Health.
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Those voting Aye being Crs. Taylor, Andrus, Krauss, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
4:15:50 Public Comment
Mayor Becker opened public comment.
4:16:05 Brian Leland, Public Comment
Mr. Leland spoke regarding his eleven year tenure on the City-County Board of Health as the
city representative. He was appointed because a citizen representative was thought to be helpful
regarding problems with the functions of the health department concerning restaurants. Since
then he has spent a lot of time dealing with a whole variety of issues with the board. He has
taken a lot of time to make connections to deal with these issues on an informed basis. He would
appreciate the Commissions vote to be reappointed to the board.
4:17:44 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
4:17:49 Discussion on the issue.
4:19:03 Motion to appoint Becky Robideaux Franks to the City-County Board of Health.
It was moved by Cr. Taylor, seconded by Cr. Andrus to appoint Becky Robideaux Franks
to the City-County Board of Health.
4:19:25 Discussion on the motion.
4:22:07 Vote on the motion to appoint Becky Robideaux Franks to the City-County Board
of Health.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker.
Those voting No being Cr. Krauss.
The motion passed 4-1 with Cr. Krauss opposed.
4:23:27 5. Appointments to the Economic Development Council (Kissel)
4:23:57 Public Comment
Mayor Becker opened public comment.
4:24:10 Jerry Pape, Public Comment
Mr. Pape of 15 North 25th is an applicant for the Council. He said he is a go getter and if that is
what the Council needs he is the right fit. Mr. Pape said he has been involved in a variety of
projects and is a freelance specialist in economic development.
4:26:07 Cr. Mehl
Cr. Mehl thanked Chris Westlake for his dedicated service as the chair for the past several years
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to the Economic Development Council and also thanked Wendy Bay Lewis who is stepping
down for now.
4:26:07 Public Comment Closed
Mayor Becker closed public comment.
4:26:44 Discussion on the item.
4:27:02 Mr. Klein has withdrawn his application.
4:27:25 Motion and Vote to appoint Teresa McKnight to the Economic Development Council.
It was moved by Cr. Mehl, seconded by Cr. Taylor to appoint Teresa McKnight to the
Economic Development Council.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
4:29:03 Motion to nominate John Hoaglund to the Economic Development Council.
It was moved by Cr. Mehl, seconded by Cr. Taylor to nominate John Hoaglund to the
Economic Development Council.
4:29:37 Cr. Krauss
Cr. Krauss spoke regarding the motion and then disclosed that John Hoagland donated to his
campaign for Mayor. He also spoke to the need for a sense of exigency with economic
development.
4:33:12 Vote on the motion to appoint John Hoagland to the Economic Development
Council.
Those voting Aye being Crs. Mehl, Taylor, Andrus, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
4:33:40 6. Appointments to the Senior Citizens' Advisory Board (Kissel)
4:33:47 Motion and Vote to appoint Bernie Warwood and Kathryn Quinn McBee to the
Senior Citizens Advisory Board.
It was moved by Cr. Mehl, seconded by Cr. Krauss to appoint Bernie Warwood and
Kathryn Quinn McBee to the Senior Citizens Advisory Board.
Those voting Aye being Crs. Mehl, Krauss, Taylor, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
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4:34:20 L. FYI/Discussion
4:34:32 1. Update to the Hands Free Ordinance
City Attorney Greg Sullivan provided an update to the Ordinance banning use of hand held cell
phones while driving. The Bozeman police department issued 18 warnings for this over the
weekend and did note seeing a reduction in cell phone use by citizens while driving.
4:35:26 2. Draft Agenda for the Commission Retreat
Mr. Kukulski provided a draft agenda for the upcoming Commission retreat.
4:36:41 3. Items / Objectives to be included in the work plan
Mayor Becker asked that Commissioners forward to staff items or objectives they would like to
see in the upcoming work plan ahead of time if possible.
4:37:01 4. Downtown Bozeman Plan
Mayor Becker emphasized he would like the storm water utility and Downtown Bozeman Plan
included in the goals.
4:37:30 M. Adjournment
Mayor Becker adjourned the meeting at 11:02 p.m.
____________________________________
Sean A Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Kissel, Deputy City Clerk
Approved on ___________________________
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