HomeMy WebLinkAbout08-26-13 Minutes, draft
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 26, 2013
A. 06:04:14 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North
Rouse
Deputy Mayor - Jeff Krauss: Present Mayor - Sean Becker: Present
Commissioner - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Absent Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk
Stacy Ulmen.
B. 06:04:28 PM Pledge of Allegiance and a Moment of Silence C. 06:05:03 PM Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the
Agenda. Mr. Kukulski asked that an additional Public Service Announcement be added
and that Action Item 6 be moved to Action Item 1. The Commission agreed to the changes.
D. 06:05:34 PM Public Service Announcements
1. 06:05:57 PM Soil Gas Meeting, Tuesday, August 27th at 6 p.m., Holiday
Inn on Baxter lane (Kukulski) 2. 06:06:24 PM City Offices will be closed and the City Commission will not
meet on September 2nd in observance of Labor Day (Ulmen)
3. 06:07:39 PM Commission Meeting Software Solution Highlights (Ulmen)
E. 06:13:06 PM Authorize Absence of Cr. Andrus 06:13:07 PM Motion and Vote to approve the absence of Cr. Andrus.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
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Bozeman City Commission Minutes, August 26, 2013
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Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent F. 06:13:24 PM Minutes – August 5, 2013 and August 12, 2013
06:13:27 PM Motion and Vote to approve the minutes from August 5, 2013 and
August 12, 2013 as submitted. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent G. 06:13:37 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Approve a Liquor License for the sale of Liquor at 1320 North 19th
Avenue for The Wasabi Steakhouse (Neibauer)
3. Approve Amendment 1 to the Professional Services Agreement for the
East Peach Street Rehabilitation Project with Morrison-Maierle (Johnson)
4. Approve Amendment to the Professional Services Agreement with Tetra
Tech for ongoing Post-Closure Soil Gas Investigation at the Story Mill
Landfill (Johnson) 5. Approve Resolution 4466, approving Change Order 4 for the
Hyalite/Sourdough Water Treatment Plant Replacement Project
(Murray)
6. Approve Resolution 4467, approving Change Order 1 for the 2013 Water
Renovations Project with Omdahl Excavation (Murray)
7. Approve Resolution 4446, a resolution Superseding Resolutions 3030 and
3432 and Establishing a Fee Schedule for Copies and Research of Public
Records and Electronic Public Records, Establishing Procedures for Requesting Public Records and for Implementation and Collection of the
Fee Schedule (Ulmen)
8. Appoint Commissioners Taylor and Andrus to review Depository Bonds
and Pledged Securities as of June 30, 2013 (Rosenberry)
9. Accept the Building Division Monthly Report for July 2013 (Risk)
06:13:52 PM Public Comment on Consent agenda.
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
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Bozeman City Commission Minutes, August 26, 2013
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06:13:57 PM Motion and Vote to approve Consent items E. 1-9 as submitted.
Commissioner - Chris Mehl: Motion Commissioner - Carson Taylor: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent H. 06:14:13 PM Public Comment
06:14:32 PM Jerry Pape, Public Comment Mr. Pape stated that he is thankful to the Commission about money spent well on increasing technology. Spoke regarding recruiting business.
06:18:03 PM Jay Shea, Public Comment
Mr. Shea stated that he has a concern of noise and language used at some events that have taken place at the Bogert Park recently.
06:20:02 PM Jill Hamilton, Public Comment
Ms. Hamilton spoke regarding her complaints related to Bogert Park venues. There is a
growing problem, concern of emergency access, events being held Tuesday-Saturday and that it has become too much.
06:23:18 PM Terry Jackson, Public Comment
Mr. Jackson spoke regarding Action Item 5 and the flood plain.
06:25:43 PM Public Comment closed
Mayor Becker closed public comment.
I. 06:25:45 PM Action Items
1. 06:25:48 PM Public Hearing For a Sign Exemption from the Bozeman
School District, Application Z13157 (Riley) (Item moved from item
6 to item 1 during the Changes of the Agenda portion)
06:26:11 PM Staff Presentation
Doug Riley Staff Planner gave the Staff Presentation regarding the Public Hearing for a
Sign Exemption from the Bozeman School District, Application Z13157.
06:27:53 PM Commission Questions for Staff
The Commission and Staff discussed processes of these types of public hearings and
public forum.
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06:28:51 PM Applicant Presentation
Superintendent of Schools Rob Watson and Principal Gordon Grissom gave the
Applicant presentation regarding the Public Hearing for a Sign Exemption from the
Bozeman School District, Application Z13157.
06:32:42 PM Commission Questions for Applicant
The Commission and the applicant discussed the School’s public hearing efforts, funding
for the sign, speed of adding items to the sign, types of items that will be placed on the
sign, scrolling and advertising on the sign and the fact that the School is potentially assuming a risk.
06:44:32 PM Public Comment
Mayor Becker opened public comment.
06:44:52 PM Stephanie Dubravac, Public Comment
Ms. Dubravac spoke regarding her concern of safety risks with parents reading an
electronic signs while driving. She urged a website to communicate.
06:48:07 PM Kelly Wiseman, Public Comment Mr. Wiseman stated that he was on the board that approved the rules for signs and spoke
regarding impacts. He has concerns that these will be in front of all schools eventually.
06:49:17 PM Erin Goft, Public Comment
Ms. Goft stated that she was on the group for the sign and the intent is to put a message out and it remains stagnant. She added that it will be similar to what is already in place.
06:50:58 PM Jerry Pape, Public Comment
Mr. Pape stated that this can be done in a terrible way, but urged the Commission to find
a middle way. He added that there has got to be a way to update the sign code for the use of technology.
06:52:41 PM Public Comment closed
Mayor Becker closed public comment.
06:52:59 PM Applicant Follow up
Mr. Watson stated that there is a difference in the type of messaging between a high
school and an elementary school.
06:53:52 PM Commission comments The Commission spoke regarding scrolling, the sign at the High School, the
Commission’s authority, advertising, the need for the School to get along with the
neighbors, cuff offs and light pollution.
No motion required. The City Commission receives the sign permit and conducts a public hearing on the exemption the School District is claiming under M.C.A. Section 76-2-402. (Other than conducting a public hearing, no official motion is required by the City
Commission).
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2. 06:59:19 PM Tie Vote decision from August 12th Action item regarding
Recommendations to Meet Current and Future Community Aquatic
Needs, and further Discussion/Action on this item (opened and continued from August 12th) (Overton)
06:59:54 PM Staff Presentation
Mitch Overton, Recreation and Parks Director gave an update on the splash pad development at the Bozeman Ponds. He spoke regarding Montana Environmental Policy Act Process (MEPA).
07:01:13 PM Commission Questions for Staff
The Staff and Commission discussed MEPA and the timeframe changes.
07:01:40 PM Point of Order Deputy Mayor Krauss called for a point of order because new information was received
at this hearing.
07:02:05 PM Mayor Becker Explanation on his upcoming vote.
07:03:15 PM Public Comment Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
07:07:01 PM Vote by Mayor Becker
Mayor Becker voted No on the Motion made by Cr. Taylor and seconded by Cr. Mehl that having reviewed staff recommendations and considered public comment,
proceed with the design and build of a splash pad amenity at the Bozeman Ponds
and allocate $225,000 from the fiscal year 2014 Budget.
Therefore, the motion fails.
07:07:22 PM Commission Discussion
The Commission discussed the need to explore different locations, partnerships and the
need to set money aside and put it into a reserve account.
07:08:43 PM Motion to allocate $225,000 from the fiscal year 2014 budget for a
splash park to go to the Reserve Fund.
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Commissioner - Chris Mehl: Motion
Deputy Mayor - Jeff Krauss: 2nd
Commission Discussion on the Motion The Commission discussed moving the money into possibly the capital improvement reserve fund, pool design, location determination, motivation, upcoming decisions and
the need for partnerships.
07:14:30 PM Public Comment Mayor Becker opened public comment No person commented
Mayor Becker closed public comment.
07:14:56 PM Commission Discussion
07:16:53 PM Vote on the Motion to allocate $225,000 from the fiscal year 2014 budget for a splash park to go to the Reserve Fund.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
3. 07:17:07 PM Resolution 4457, Establishing Tree Maintenance District Assessments for Fiscal Year 2014, making the Assessment Rate $0.00225
per Assessable Square Foot, which is the same as Fiscal Year 2013
(Rosenberry)
07:17:39 PM Deputy Mayor Krauss recused himself from this item.
07:17:45 PM Staff Presentation
Anna Rosenberry, Director of Administrative Services gave the staff presentation
regarding Resolution 4457, Establishing Tree Maintenance District Assessments for Fiscal Year 2014, making the Assessment Rate $0.00225 per Assessable Square Foot, which is the same as Fiscal Year 2013.
07:19:20 PM Public Comment
Mayor Becker opened public comment.
Dave Osterman, Public Comment Mr. Osterman stated that his Assessment is $2,500 per year on his trees and they have
never been trimmed. He would like to know what the budget is and also where the funds
collected from the assessment go.
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Jerry Pape, Public Comment
Mr. Pape spoke regarding Hawthorn boulevard trees. He stated that they are unlike other
trees and could become dangerous. 07:22:10 PM Public Comment closed
Mayor Becker closed public comment.
07:24:16 PM Commission Questions for Staff. The Commission spoke regarding Cap amounts.
07:24:34 PM Motion to approve Commission Resolution No. 4457, establishing a
Tree Maintenance District Assessments for Fiscal Year 2014, making the assessment
rate $0.00225 per assessable square foot, which is the same as fiscal year 2013.
Commissioner - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd 07:25:08 PM Commission discussion 07:27:17 PM Vote on the Motion to approve Commission Resolution No. 4457,
establishing a Tree Maintenance District Assessments for Fiscal Year 2014, making
the assessment rate $0.00225 per assessable square foot, which is the same as fiscal
year 2013.
Commissioner - Carson Taylor: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Abstain
Mayor - Sean Becker: Approve Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent 4. 07:27:38 PM Zone Map Amendment changing Zoning from B-2
(Community Business District) to B-3 (Central Business District) to the
property addressed as 407 West Main Street, Application Z13141
Harringtons/PAB, LLC (Brekke)
07:28:45 PM Tom Rogers, City Planner Mr. Rogers gave the staff presentation regarding Zone Map Amendment changing
Zoning from B-2 (Community Business District) to B-3 (Central Business District) to the
property addressed as 407 West Main Street, Application Z13141 Harringtons/PAB, LLC
07:33:08 PM Applicant Presentation
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The Applicant stated that they were available for questions.
07:33:43 PM Public Comment
Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment.
07:33:55 PM Motion that Based upon the analysis and findings in the staff report,
and after consideration of public comment and the recommendation of the Zoning Commission, I move to approve the Harringtons/PAB, LLC zone map amendment request to change approximately 0.25 acres of property zoned B-2 (Community Business District) to B-3 (Central Business District) with the two recommended
contingencies listed on page 2 of the staff report and direct staff to prepare an
ordinance for the map amendment. Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
07:34:43 PM Commission Discussion The Commission discussed zoning and this being an advantage to the downtown core. .
07:37:48 PM Vote on the Motion to approve the Harringtons/PAB, LLC zone map
amendment request to change approximately 0.25 acres of property zoned B-2
(Community Business District) to B-3 (Central Business District) with the two recommended contingencies listed on page 2 of the staff report and direct staff to prepare an ordinance for the map amendment.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent 5. 07:37:59 PM Zone Map Amendment to rezone existing R-4 (Residential
High Density) to B-2 (Community Business)located generally North of
West Babcock between 9th and 10th Avenues, Application Z13139
Community Food Coop (Rogers)
07:38:27 PM Staff Presentation
Mr. Rogers gave the staff presentation regarding Zone Map Amendment to rezone
existing R-4 (Residential High Density) to B-2 (Community Business)located generally North of West Babcock between 9th and 10th Avenues, Application Z13139 Community
Food Coop .
07:43:35 PM Applicant Presentation
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The Applicant gave the presentation and was available for questions.
07:44:43 PM Public Comment
Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment.
07:44:53 PM Motion that having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z-13139 and Zoning Commission Resolution #Z-13139, and move to approve the rezoning with contingencies outlined in the staff report, and direct Staff to prepare the required
implementing ordinance.
Commissioner - Chris Mehl: Motion
Commissioner - Carson Taylor: 2nd
07:45:21 PM Commission Discussion on the Motion 07:49:41 PM Vote on the Motion that having reviewed the application materials,
considered public comment, and considered all of the information presented, I
hereby adopt the findings presented in the staff report for application Z-13139 and
Zoning Commission Resolution #Z-13139, and move to approve the rezoning with contingencies outlined in the staff report, and direct Staff to prepare the required implementing ordinance.
Commissioner - Chris Mehl: Motion
Commissioner - Carson Taylor: 2nd Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent 07:49:53 PM Break
Mayor Becker declared a break
08:00:44 PM Meeting Called Back to order
Mayor Becker called the meeting back to order.
6. 08:00:52 PM Creation of five (5) Single Household Residential Lots with Variance from Wetland Setbacks, generally located North of Kagy
Boulevard between Bozeman Creek and Sourdough Road, Application
P13020 The Kagy Garden Minor Subdivision (Quasi-Judicial)
(Rogers)
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08:01:26 PM Staff Presentation
Mr. Rogers gave the Staff presentation regarding the Creation of five (5) Single
Household Residential Lots with Variance from Wetland Setbacks, generally located North of Kagy Boulevard between Bozeman Creek and Sourdough Road, Application
P13020 The Kagy Garden Minor Subdivision.
08:17:56 PM Commission Questions
City Attorney, Greg Sullivan spoke regarding the Wetlands Review board recommendation. It is not a formal recommendation because there was not a quorum. The Commission and staff discussed setbacks, flooding, storm water, water flow, swamp
areas, signalization, trail easements and detention ponds.
08:32:11 PM Mark Chandler, Applicant presentation Mr. Chandler spoke regarding the pit run, and then building up to the foundation level. Grade beams could be used. Spoke w/MDT and access location.
08:33:39 PM Commission Questions for Applicant
The Commission and applicant discussed setbacks and erosion concerns.
08:35:21 PM Public Comment
Mayor Becker opened public comment.
08:35:31 PM Doris Heckerman, Public Comment Ms. Heckerman stated that over the years, she has been fighting to keep the property
open space. She spoke regarding the past of building up the property and the drainage
issue on Kagy.
08:40:33 PM Brett Potter, Public Comment Mr. Potter spoke regarding the newly revised project and stated that it is a nice project for
the neighborhood. He spoke regarding the need to contain the water before it gets to the
creek. This is a project that helps do that.
08:43:45 PM Terry Jackson, Public Comment Mr. Jackson spoke regarding this being a land issue. He stated that he was not contacted
regarding a trail. He had questions about the property being surveyed.
08:47:28 PM Tom Clark, Public Comment Mr. Clark stated that he is one of the owners and that this is a difficult property. He spoke
regarding it being an infill property and that they are being sensitive to the area.
08:49:20 PM Public Comment Closed
Mayor Becker closed public comment.
08:49:25 PM Applicant response
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The applicant spoke regarding retention ponds and a design to keep runoff of the
property.
08:50:19 PM Commission Questions for Applicant. The Commission spoke regarding prior closures of Kagy Street because of flooding, and the status of surveying the property.
08:52:33 PM Motion that having reviewed the application materials, considered
public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for file #P-13020 and move to approve the preliminary plat application for the Kagy Garden Minor Subdivision with variance from wetland setbacks authorizing the subdivision of 2.7172-acres into 5 lots for single household
construction subject to the conditions listed in staff report.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd 08:53:08 PM Commission discussion on the Motion.
09:03:16 PM Vote on the Motion that that having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the
findings presented in the staff report for file #P-13020 and move to approve the
preliminary plat application for the Kagy Garden Minor Subdivision with variance
from wetland setbacks authorizing the subdivision of 2.7172-acres into 5 lots for single household construction subject to the conditions listed in staff report.
Commissioner - Carson Taylor: Motion
Deputy Mayor - Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent 7. 09:03:30 PM Public Hearing to determine whether real property owned by
the City of Bozeman, known as the North Park property, is needed for
Public use or that the Public interest may be furthered by the sale of the
property as provided for in §§ 2.06.880 through 2.06.910 of the Bozeman
Municipal Code (2/3 vote of Commission required) (Fontenot)
09:04:38 PM Staff Presentation
Brit Fontenot, Economic Director gave the staff presentation regarding the Public
Hearing to determine whether real property owned by the City of Bozeman, known as the North Park property, is needed for Public use or that the Public interest may be furthered
by the sale of the property as provided for in §§ 2.06.880 through 2.06.910 of the
Bozeman Municipal Code
09:16:36 PM Commission Questions for Staff
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The Commission and staff discussed the Montana Department of Transportation’s
position, the next steps including the need of getting a marketing plan into place, a
preliminary engineering report, time frames, source of funds to purchase the property and
which fund the money would go into upon the sale, the time line of listing contract and the need for multiple appraisals.
09:25:02 PM Public Comment
Peter Rugheimer, Public Comment. Mr. Rughheimer spoke regarding locations of a transfer station. The property is a Good
place for it in an industrial area. He urged that the Commission subdivide a portion of the
property for a transfer station.
09:27:51 PM Public Comment closed Mayor Becker closed public comment. 09:27:56 PM Motion that having considered the information presented by
staff, I hereby move to adopt the findings included in the staff memorandum and
conclude the City-owned portion of the North Park property, described in Section II of the staff memo, is no longer needed for public use and the public interest will be furthered by the sale of the property as provided for in §§ 2.06.880 through 2.06.910 of the Bozeman Municipal Code and direct the City Manager to complete all steps
necessary to negotiate a sale and transfer of the property and return to the
Commission with an ordinance authorizing the City Manager to execute a Purchase and Sale Agreement for same.
Deputy Mayor - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
09:28:43 PM Commission Discussion on the Motion
The Commission discussed a transfer station, the interest of the State, zoning, the
Development of the parcels, and the need to have progress reports from the realtor on a
regular basis.
09:46:21 PM Vote on the Motion that Having considered the information presented
by staff, I hereby move to adopt the findings included in the staff memorandum and
conclude the City-owned portion of the North Park property, described in Section II
of the staff memo, is no longer needed for public use and the public interest will be furthered by the sale of the property as provided for in §§ 2.06.880 through 2.06.910 of the Bozeman Municipal Code and direct the City Manager to complete all steps
necessary to negotiate a sale and transfer of the property and return to the
Commission with an ordinance authorizing the City Manager to execute a Purchase
and Sale Agreement for same.
Deputy Mayor - Jeff Krauss: Motion
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Commissioner - Chris Mehl: 2nd
Deputy Mayor - Jeff Krauss: Approve
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
8. 09:46:36 PM Reappointment to the Northeast Urban Renewal Board (Brunckhorst)
09:46:41 PM Motion and Vote to reappoint Jeanne Wesley-Wiese to the Northeast Urban Renewal Board.
Commissioner – Chris Mehl: Motion
Commissioner – Carson Taylor: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
9. 09:46:54 PM Appointment to the Recreation and Parks Advisory
Board (Brunckhorst)
09:46:56 PM Motion and Vote to appoint Stephanie Gray to the Recreation and Parks Advisory Board.
Commissioner – Carson Taylor: Motion
Deputy Mayor – Jeff Krauss: 2nd
Deputy Mayor - Jeff Krauss: Approve Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Absent
10. 09:47:08 PM Appointment to the Tree Advisory Board
(Brunckhorst)
09:47:11 PM Motion and Vote to appoint Elisa Boyd to the Tree Advisory Board.
Deputy Mayor - Jeff Krauss: Motion
Commissioner – Chris Mehl: 2nd
Mayor - Sean Becker: Approve
Commissioner - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
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Deputy Mayor - Jeff Krauss: Approve
Commissioner - Cynthia Andrus: Absent
J. 09:47:38 PM FYI/Discussion
09:47:45 PM 1. 8th Elementary School opening
09:48:43 PM 2. Building division report-online
09:51:15 PM 3. Reminder of Soil gas meeting 09:51:30 PM 4. Bus Tour on September 23rd moved to 4 p.m. start time.
09:53:28 PM 5. September 30th meeting is a-go!
09:54:17 PM 6. Bogert Park Complaints made during public comment.
K. 09:55:23 PM Adjournment Mayor Becker adjourned the meeting at 9:55 p.m.
________________________________
Sean A. Becker, Mayor ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk Approved on ___________________________
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