HomeMy WebLinkAbout07-01-13 MinutesPage 1 of 13
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 1, 2013 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, July 1, 2013. Present were Mayor Sean Becker, Commissioner Cyndy
Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Administrative Services Director Anna Rosenberry, City Attorney
Greg Sullivan and Deputy City Clerk Aimee Brunckhorst.
0:00:02 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
0:00:37 B. Pledge of Allegiance and a Moment of Silence
0:00:54 C. Changes to the Agenda City Manager Chris Kukulski asked that Action item H. 2 be moved to H. 1.
0:01:27 D. Public Service Announcements
0:01:29 1. City Offices will be closed Thursday, July 4th in observance of Independence
Day
Aimee Brunckhorst, Deputy City Clerk made this announcement.
0:01:48 2. Fireworks Safety (Police)
0:01:51 Rich McLane, Deputy Police Chief
Deputy Police Chief Rich McLane reminded everyone about city fireworks restrictions saying
fireworks are not allowed in the city limits except for noon to midnight on the third through the
fifth and until 1 a.m. on July 4th. Fireworks must be set off on private property with the permission of the owner. He also reminded everyone not to drink and drive.
0:03:31 Greg Megaard, Deputy Chief, Bozeman Fire Department
Deputy Fire Chief Greg Megaard asked that people be aware regarding where they are setting off
fireworks and be aware of fire danger. He also asked that children not set off fireworks without
adult supervision. He explained that class C fireworks are the only type allowed in the city limits. These do not exceed a height of more than 15 feet in the air and have other limits. Also, no fireworks are allowed on a public street.
0:05:23 E. Minutes - June 3, 2013
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Bozeman City Commission Minutes, July 1, 2013
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0:05:16 Motion and Vote to approve the minutes of June 3rd, 2013.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the minutes of June 3rd,
2013. Those voting Aye being Crs. Andrus, Mehl, Taylor, Krauss and Mayor Becker. Those voting No being none.
The motion passed 5-0.
0:05:36 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve the City Manager's appointment of Richard Gale to the Police Commission (Brunckhorst)
3. Approve Resolution No. 4448, Authorizing Change Order 3 with Apollo, Inc.
for the Hyalite/Sourdough Water Treatment Plant Replacement Project (Murray)
0:05:38 Public comment on consent
Mayor Becker opened public comment on the consent items. Seeing none, he closed public
comment.
0:05:46 Motion and Vote to approve Consent items E. 1-3 as submitted.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Consent items E. 1-3 as submitted.
Those voting Aye being Crs. Mehl, Taylor, Krauss, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
0:06:02 G. Public Comment
Mayor Becker opened general public comment.
0:06:14 Sam Haraldson, Public Comment
Mr. Haraldson of 211 Lindley Place spoke on behalf of the Bozeman Area Bicycle Advisory
Board. He spoke in detail regarding the recommendations made to the Commission in the past by the Bicycle Advisory Board. He said that work on Black Avenue as recommended commenced this summer with the remainder of the recommendations hinging on tonight's budget being
adopted as recommended. He spoke further about the recommendations made regarding bike
lanes and the time frames recommended. He would urge the Commission to approve the Streets
Department budget as recommended.
0:08:41 Stuart Mitchell, Public Comment
Mr. Mitchell of 216 East Koch spoke regarding Bogert Pool and how important it is to the
community. He also feels it is insane that we allow fireworks within the city limits and said he
hears 3" mortars constantly even though that type of fireworks are not allowed.
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0:10:49 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
0:11:29 2. Oliver Addition Certificate of Appropriateness with Deviation at 413 North
Wallace Avenue, Application Z-13109 (Kramer) (Quasi-Judicial) (This item was moved up to action item 1)
0:11:30 Courtney Kramer, Historic Preservation Office and Planner 1 for Community
Development Department
Ms. Kramer provided the staff presentation on this item.
0:13:59 Commission questions for staff.
0:16:25 Pete Oliver, Applicant Presentation
Mr. Oliver of 413 North Rouse Avenue thanked the Commission for taking the time to hear his
application. He explained the footprint would remain the same before and after this project. He
then asked if the Commission had any further questions for him.
0:17:06 Cr. Mehl Cr. Mehl asked the applicant if he was okay with the conditions of approval listed in the staff
report.
0:17:11 Pete Oliver, Applicant
Mr. Oliver responded that he is definitely okay with the conditions of approval in the staff report.
0:17:22 Public Comment Mayor Becker opened public comment on this item. Seeing none, Mayor Becker closed public comment.
0:17:31 Motion that having reviewed application materials, considered public comment,
and all the information presented, I hereby adopt the findings presented in the staff report
for application Z-13109 and move to approve the Oliver Addition Certificate of Appropriateness with a Deviation application with conditions and subject to all applicable code provisions.
It was moved by Cr. Taylor, seconded by Cr. Krauss that having reviewed application
materials, considered public comment, and all the information presented, I hereby adopt
the findings presented in the staff report for application Z-13109 and move to approve the Oliver Addition Certificate of Appropriateness with a Deviation application with conditions and subject to all applicable code provisions.
0:18:06 Commission discussion on the application.
0:19:05 Vote on the motion that having reviewed application materials, considered public
comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z-13109 and move to approve the Oliver Addition Certificate of Appropriateness with a Deviation application with conditions and subject to all applicable code provisions.
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Those voting Aye being Crs. Taylor, Krauss, Andrus, Mehl and Mayor Becker. Those voting No being none.
The motion passed 5-0.
0:20:00 1. Resolution No. 4449, Appropriating Funds for Various Budget Units, and further estimating Revenue necessary to Operate and Maintain Services of Municipal Government for Fiscal Year ending June 30, 2014 (Rosenberry)
0:20:03 Chris Kukulski, City Manager
Mr. Kukulski began the staff presentation on this item.
0:47:37 Commission questions for staff.
1:10:15 Public Comment Mayor Becker opened public comment on this item.
1:10:24 Taylor Lonsdale, Public Comment
Mr. Lonsdale of 426 North 9th Avenue, spoke regarding the high percentage of commuting done
by bicyclists in Bozeman and the advantages to the community of increasing bicycle infrastructure. He would urge the Commission to support the recommended budget increases to bike infrastructure.
1:13:01 Jerry Pape, Public Comment
Mr. Pape spoke regarding infill and contention regarding infill. He spoke to providing clarity. He
said there are holes within the city limits. He spoke to his frustrations with the budget and his belief that the recommendations made by the Economic Development Council should be fully funded.
1:16:13 Bill Cochran, Public Comment
Mr. Cochran of 301 North Black Avenue, representative of the Bozeman Area Bicycle Advisory
Board strongly urged that the City Commission not cut the increase to the bicycle infrastructure budget as included in the City Managers recommended budget and explained why.
1:17:30 Public Comment Closed
Seeing no further public comment on this item, Mayor Becker closed public comment.
1:17:50 Further questions for staff.
1:19:13 Motion to approve Resolution No. 4449, Appropriating Funds for Various Budget Units, and further estimating Revenue necessary to operate and maintain services of Municipal Government for Fiscal Year ending June 30, 2014 exempting Foresty.
It was moved by Cr. Krauss, seconded by Cr. Andrus to approve Resolution No. 4449,
Appropriating Funds for Various Budget Units, and further estimating Revenue necessary
to operate and maintain services of Municipal Government for Fiscal Year ending June 30, 2014 exempting Foresty.
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1:20:26 Amendment to the main motion to amend the budget as proposed and take items 1
and 2 from the City Managers July 1st memorandum out of the budget.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion amending
the proposed budget removing items 1 and 2 (thermal imaging camera and planning records transfer projects) as listed on the City Manager's July 1st memorandum out of the budget.
1:21:02 Discussion on the amendment to the main motion.
1:21:24 Strike the amendment to the main motion.
Cr. Taylor struck the amendment to the main motion.
1:21:27 Motion and Vote that we strike from the proposed budget item number one from
the July 1st, 2013 memorandum (the thermal imaging camera).
It was moved by Cr. Taylor, seconded by Cr. Andrus that we strike from the proposed
budget item number one from the July 1st, 2013 memorandum (the thermal imaging
camera).
Those voting Aye being Crs. Taylor, Andrus, Mehl, Krauss and Mayor Becker. Those voting No being none. The amendment to the main motion passed 5-0.
1:22:21 Amendment to the main motion to remove item five from the July 1st 2013
memorandum reducing the outside counsel number to $50,000 from the previously recommended amount of $100,000.
It was moved by Cr. Taylor, seconded by Cr. Krauss to remove item five from the July 1st 2013 memorandum reducing the outside counsel number to $50,000 from the previously
recommended amount of $100,000.
1:23:25 Discussion on the amendment.
1:23:35 Vote on the amendment to remove item five from the July 1st 2013 memorandum
reducing the outside counsel number to $50,000 from the previously recommended amount of $100,000.
Those voting Aye being Crs. Taylor, Krauss, Andrus, Mehl and Mayor Becker.
Those voting No being none. The motion passed 5-0.
1:23:52 Amendment to the main motion and Vote to strike item 3 on the July 1st
memorandum for administrative services human resource software.
It was moved by Cr. Mehl, seconded by Cr. Krauss to strike item 3 on the July 1st
memorandum for administrative services human resource software.
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Bozeman City Commission Minutes, July 1, 2013
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Those voting Aye being Crs. Mehl, Krauss, Andrus, Taylor and Mayor Becker. Those voting No being none.
The motion passed 5-0.
1:24:35 Amendment to the main motion to amend the proposed budget to remove the marketing collaborative effort in the economic development budget of $25,000.
It was moved by Cr. Andrus, seconded by Cr. Mehl to amend the proposed budget to remove the marketing collaborative effort in the economic development budget of $25,000.
1:25:00 Commission discussion on the fourth amendment to the main motion.
1:35:56 Brit Fontenot, Economic Development Director Mr. Fontenot provided an explanation about how this budget item differs from the sector development budget item. He further explained the marketing collaborative budget line item.
1:38:15 Vote on the amendment to amend the proposed budget to remove the marketing
collaborative effort in the economic development budget of $25,000.
Those voting Aye being Crs. Andrus and Mehl. Those voting No being Crs. Taylor, Krauss and Mayor Becker. The motion failed 2-3.
1:39:04 Discussion on the main motion.
1:54:14 Amendment to the main motion to eliminate the $35,000 for item 2 (planning records, transfer projects) on the July 1st commission memorandum.
It was moved by Cr. Mehl, seconded by Cr. Taylor to eliminate the $35,000 for item 2 (planning records, transfer projects) on the July 1st commission memorandum.
1:54:44 Discussion on the amendment to the main motion.
1:54:58 Cr. Mehl reclaimed his amendment to the main motion.
1:55:23 Commission questions for staff.
1:58:05 Amendment to the main motion and Vote to eliminate the $35,000 for item 2
(planning records, transfer projects) on the July 1st commission memo and transfer
$20,000 of those funds to the community development budget to be spent on how to pursue
infill development with the exact scope to be determined according to the Community Development Director and reported back to the Commission as soon as reasonably possible.
It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the main motion to eliminate
the $35,000 for item 2 (planning records, transfer projects) on the July 1st commission
memorandum and transfer $20,000 of those funds to the community development budget to be spent on how to pursue infill development with the exact scope to be determined
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Bozeman City Commission Minutes, July 1, 2013
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according to the Community Development Director and reported back to the Commission as soon as reasonably possible.
Those voting Aye being Crs. Mehl, Taylor, Krauss, Andrus and Mayor Becker.
Those voting No being none. The motion passed 5-0.
1:59:46 Discussion on the main motion regarding the streets budget.
2:02:42 Amendment to the main motion to cut the 6% increase for the reconstruction
reserve to 3%.
It was moved by Cr. Mehl, seconded by Cr. Taylor to cut the 6% increase for the reconstruction reserve to 3%.
2:04:39 Discussion on the amendment to the main motion.
2:11:43 Vote on the amendment to the main motion to cut the 6% increase for the
reconstruction reserve to 3%.
Those voting Aye being Crs. Mehl, Taylor, Krauss, Andrus and Mayor Becker. Those voting No being none. The amendment to the main motion passed 5-0.
2:12:08 Amendment to the main motion to not purchase the $26,000 truck which is item 4
on the streets schedule.
It was moved by Cr. Krauss, seconded by Cr. Mehl to amend the main motion to not purchase the $26,000 truck which is item 4 on the streets schedule.
2:12:42 Discussion on the amendment.
2:14:10 Vote on the amendment to the main motion to not purchase the $26,000 truck
which is item 4 on the streets schedule.
Those Voting Aye being Crs. Mehl, Krauss, Taylor, Andrus and Mayor Becker. Those Voting No being none. The amendment to the main motion passed 5-0.
2:15:01 Discussion on the main motion related to the water rate.
2:16:40 Amendment to the main motion to defer increasing the rate to increase the reserve
for one year. It was moved by Cr. Krauss, seconded by Cr. Mehl to defer increasing the rate to increase the reserve for one year.
2:16:55 Discussion on the intent and content of the amendment.
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2:29:19 Cr. Krauss withdrew his motion on the floor.
2:29:53 Further questions regarding the waste water and water rate models and related
discussion.
2:33:15 Break
Mayor Becker called for a break to allow the Administrative Services Director to research
questions raised by the Commission.
2:47:29 Back from Break
Mayor Becker called the meeting back to order from a break.
2:47:38 Anna Rosenberry, Administrative Services Director
Ms. Rosenberry presented information and a recommendation to the Commission regarding the
wastewater rate model and the water rate model.
2:48:55 Amendment to the main motion to not have a water rate increase this year.
It was moved by Cr. Krauss, seconded by Cr. Mehl to not have a water rate increase this year.
2:49:04 Discussion on the motion.
2:54:29 Vote on the amendment to not have a water rate increase this year.
Those voting Aye being Crs. Krauss, Mehl, Andrus and Mayor Becker.
Those voting No being Cr. Taylor. The motion passed 4-1 with Cr. Taylor opposed.
2:55:15 Discussion on the main motion related to the community climate action plan and related
budget.
2:57:14 Amendment to the main motion to add $40,000 for a .5 FTE (full time employee) to
work on the community climate action plan.
It was moved by Cr. Taylor, seconded by Cr. Andrus to add up to $40,000 for a .5 FTE (full time employee) to work on the community climate action plan.
2:57:53 Staff request for clarification regarding the amendment to the motion.
2:58:01 Discussion on the amendment to the main motion.
3:03:30 Cr. Taylor added to his amendment to the main motion to include "or contracted services equivalent".
3:03:51 Further discussion on the amendment and the intent of the amendment.
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3:04:44 Chris Kukulski, City Manager
Mr. Kukulski clarified that if this item were to be added to the budget tonight, staff would come
back in the future with a recommendation of how this money would be spent.
3:06:10 Cr. Taylor Commissioner Taylor said that he specifically would like the position created by the motion to work specifically on neighborhood conservation groupings, commissioning, benchmarking,
idling and other educational things regarding the community climate action plan.
3:15:38 Aimee Brunckhorst, Deputy City Clerk
Ms. Brunckhorst asked for clarification on the amendment to the main motion. She read back the original section of the motion: "To add up to $40,000 for a .5 FTE (full time employee) to work in the community climate action plan" and then said she heard further in the discussion an
addition to the motion: "or contracted services equivalent" but explained she was unclear on
further additions that may or may not have been added during the discussion.
3:16:07 Confirmation on the motion. Cr. Taylor confirmed that Ms. Brunckhorst's version of the motion was correct and said the thrust of what that person would be doing was included in the discussion of the motion.
3:16:15 Motion to amend the amendment to the main motion to offset the cost by adopting
item #4 on the July 1st, 2013 memorandum which is (cutting the full time employee to a) .5
FTE (full time employee) to the library which would be a cost savings of 23,220.
It was moved by Cr. Mehl, seconded by Cr. Andrus to offset the cost by adopting item #4 on the July 1st, 2013 memorandum which is (cutting the full time employee to a) .5 FTE (full time employee) to the library which would be a cost savings of 23,220.
3:16:54 Discussion on the amendment to the amendment to the main motion.
3:19:36 Vote on the amendment to the amendment to offset the cost by adopting item #4 on the July 1st, 2013 memorandum which is (cutting the full time employee to a) .5 FTE (full time employee) to the library which would be a cost savings of 23,220.
Those voting Aye being Crs. Mehl, Andrus, Taylor, Krauss and Mayor Becker.
Those voting No being none.
The motion passed 5-0.
3:19:53 Vote on the amendment to the main motion as amended to add up to $40,000 for a
.5 FTE (full time employee) or contracted services equivalent to work on the community climate action plan with the amendment to offset the cost by adopting item #4 on the July
1st, 2013 memorandum which is (cutting the full time employee to a) .5 FTE (full time
employee) to the library which would be a cost savings of 23,220.
Those voting Aye being Crs. Taylor, Andrus and Mehl. Those voting No being Cr. Krauss and Mayor Becker. The motion passed with Cr. Krauss and Mayor Becker opposed.
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3:20:24 Clarification on the overall budget.
3:21:34 Discussion regarding a recommendation from the Community Affordable Housing
Advisory Board.
3:22:10 Amendment to the main motion to allocate up to $7,000 as recommended by the Community Affordable Housing Advisory Board to complete a rental housing survey.
It was moved by Cr. Mehl, seconded by Cr. Taylor to allocate up to $7,000 from the workforce housing fund as recommended by the Community Affordable Housing Advisory
Board to complete a rental housing survey.
3:25:36 Further discussion on the amendment to the motion.
3:27:04 Vote on the amendment to the main motion to allocate up to $7,000 from the
workforce housing fund as recommended by the Community Affordable Housing Advisory Board to complete a rental housing survey.
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.
3:27:36 Discussion regarding the city's aquatic needs.
3:57:04 Mayor Becker suspended the Rules of Procedure allowing the meeting to be extended
until 10:30 p.m.
4:08:17 Amendment to the main motion to defer this discussion (aquatic needs) to sometime convenient in August and place the money for the splash park on hold until we have a further discussion and that staff to the extent that they can come back with answers raised in this discussion as well as a conceptual plan as to the aquatics center about what it might
be and where it might go so we can come up with an overall plan.
It was moved by Cr. Taylor, seconded by Cr. Andrus to defer this discussion (aquatic needs) to sometime convenient in August and place the money for the splash park on hold until we have a further discussion and that staff to the extent that they can come back with answers raised in this discussion as well as a conceptual plan as to the aquatics center
about what it might be and where it might go so we can come up with an overall plan.
4:09:11 Discussion on the intent of the motion.
4:17:26 Vote on the amendment to the motion to defer this discussion (aquatic needs) to
sometime convenient in August and place the money for the splash park on hold until we have a further discussion and that staff to the extent that they can come back with answers
raised in this discussion as well as a conceptual plan as to the aquatics center about what it
might be and where it might go so we can come up with an overall plan.
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Those voting Aye being Crs. Taylor, Andrus, Krauss and Mayor Becker. Those voting No being Cr. Mehl.
The main motion passed 4-1 with Cr. Mehl opposed.
4:17:42 Discussion regarding the main motion as amended.
4:18:59 Vote on the main motion to approve Resolution No. 4449, Appropriating Funds for
Various Budget Units, and further estimating Revenue necessary to operate and maintain services of Municipal Government for Fiscal Year ending June 30, 2014 exempting Foresty
with the following amendments:
that we strike from the proposed budget item number one from the July 1st, 2013 memorandum (the thermal imaging camera);
and remove item five from the July 1st 2013 memorandum reducing the outside counsel number to $50,000 from the previously recommended amount of $100,000;
to strike item 3 on the July 1st memorandum for administrative services human resource software;
to eliminate the $35,000 for item 2 (planning records, transfer projects) on the July 1st commission memo and transfer $20,000 of those funds to the community development budget to be spent on how to pursue infill development with the exact scope to be
determined according to the Community Development Director and reported back to the
Commission as soon as reasonably possible;
to cut the 6% increase for the reconstruction reserve to 3%;
to not purchase the $26,000 truck which is item 4 on the streets schedule;
to not have a water rate increase this year;
and add up to $40,000 for a .5 FTE (full time employee) or contracted services equivalent to
work on the community climate action plan with the amendment to offset the cost by adopting item #4 on the July 1st, 2013 memorandum which is (cutting the full time employee to a) .5 FTE (full time employee) to the library which would be a cost savings of 23,220;
to allocate up to $7,000 from the workforce housing fund as recommended by the
Community Affordable Housing Advisory Board to complete a rental housing survey;
to defer this discussion (aquatic needs) to sometime convenient in August and place the money for the splash park on hold until we have a further discussion and that staff to the extent that they can come back with answers raised in this discussion as well as a
conceptual plan as to the aquatics center about what it might be and where it might go so
we can come up with an overall plan.
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Bozeman City Commission Minutes, July 1, 2013
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Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Becker. Those voting No being Cr. Krauss.
The main motion as amended passed 4-1 with Cr. Krauss opposed.
4:19:11 Discussion on the Forestry Budget.
4:19:13 Commissioner Krauss recused himself from the discussion. Commissioner Krauss recused himself from the discussion and vote regarding the Forestry
Division budget as his son works part time for the forestry division in the summer.
4:19:30 Motion to approve the forestry budget as recommended.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the forestry budget as recommended.
4:19:33 Amendment to the main motion to amend the forestry budget to add $5000 to the
voucher program and $6,250 to the cost share program.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the forestry budget to add
$5000 to the voucher program and $6,250 to the cost share program.
4:19:53 Discussion on the amendment to the main motion.
4:21:23 Vote on the amendment to the main motion to amend the forestry budget to add
$5000 to the voucher program and $6,250 to the cost share program.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker.
Those voting No being none. The motion passed 5-0.
4:21:37 Vote on the main motion to approve the forestry budget as recommended with the
amendment to amend the forestry budget to add $5000 to the voucher program and $6,250
to the cost share program.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0.
4:22:03 3. Appointment to the Tree Advisory Board (Brunckhorst)
4:22:02 Motion and Vote to reappoint Lessa Racow to the Tree Advisory Board.
It was moved by Cr. Andrus, seconded by Cr. Mehl to reappoint Lessa Racow to the Tree Advisory Board.
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
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4:22:26 Commissioner Krauss returned to the meeting.
4:22:23 I. FYI/Discussion
4:22:24 1. Soil Gas Situation at the Landfill
Craig Woolard, Director of Public Works provided an update regarding a soil gas situation at the landfill saying a public meeting was held and 19 of 24 homeowners are in testing or have signed up for testing.
4:23:26 2. Job well done by staff on the budget preparation
City Manager Chris Kukulski thanked Administrative Services Director Anna Rosenberry as
well as the rest of the Directors for their hard work preparing the recommended budget. He then thanked the Commissioners for adopting the budget.
4:24:01 J. Adjournment
Mayor Becker adjourned the meeting at 10:29 p.m.
____________________________________ Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen CMC, City Clerk
PREPARED BY:
______________________________________ Aimee Brunckhorst, Deputy City Clerk
Approved on __________________________
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