HomeMy WebLinkAbout01-27-14 City Commission Minutes, draftPage 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 27, 2014
Mayor - Jeff Krauss: Present
Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk
Stacy Marie Ulmen.
A. 06:03:01 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North
Rouse
Mayor Krauss called the meeting to order at 6:03 p.m.
B. 06:03:09 PM Pledge of Allegiance and a Moment of Silence
C. 06:04:00 PM Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to
the agenda. Mr. Kukulski mentioned the re-noticing of the Campus Crest Project
and that there has been some talk about removing Consent Item No. 5.
D. 06:04:58 PM Minutes – January 6, 2014 and January 13, 2014
06:05:20 PM Motion and Vote to approve the minutes of January 6th and 13th, 2014 as
submitted.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:05:49 PM Consent
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1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize Mayor to sign a letter to the Supervisor of the Community
Transportation Enhancement Program (CTEP) designating Robert J.
Murray Jr, P.E. as the City's Environmental Certifying Official for the
CTEP Sidewalk Project (Murray)
3. Appoint Deputy Mayor Taylor and Commissioner Andrus to review
pledged securities as of December 31, 2013 (Rosenberry)
4. Approve applicants for Beer, Wine and Liquor License Renewals for 2014
(Rosenberry)
5. Approve Construction Agreement with Montana Department of
Transportation for the College Street from Main Street to 19th Avenue
Project (Kerr) *Moved to Action Item 1.
6. Approve the Final Plat for the Legends at Bridger Creek II, Phase II Major
Subdivision, Application P13035 to subdivide 9.39 acres and authorize the
Director of Public Works to execute the same upon approval by the City
Attorney's Office (Krueger)
7. Approve Contract with Western Transportation Institute in the amount of
$76,854.96 for preparation of an independent Transportation Impact Fee
Study to consider Montana State University and surrounding areas
(Saunders)
8. Approve Resolution 4501, annexing 4.02 acres and adjacent road right-of-
ways, for a total of 6.14 acres, located south of Durston Road, east of
Valley Drive and authorize Agreement for the Pine Meadows Annexation,
Application A12007 (Riley)
9. Approve Resolution 4504, adopting the previously approved Oak
Meadows growth policy, amending Figure 3-1 of the Bozeman
Community Plan to change the Future Land Use Map designation from
Residential to Community Commercial Mixed Use for 3.877 acres of
property, Application P13025 (Rogers)
10. Approve Resolution 4505, appointing the Helena City Attorney to
prosecute State v. Clark (TK 13 04638) in Bozeman Municipal Court
(Sullivan)
11. Provisionally Adopt Ordinance 1879, designating an initial zoning of R-1
on the tract known as the Pine Meadows Zone Map Amendment in
conjunction with annexation, located south of Durston Road, east of
Valley Drive, Application Z12298 (Riley)
12. Provisionally Adopt Ordinance 1880, authorizing a 15-month ground lease
with Bill Tatarka for the Mandeville Farm property for the purpose of
Farming (Woolard)
06:06:02 PM Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
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No person commented.
Mayor Krauss closed public comment.
06:06:17 PM Motion and Vote to approve Consent items E. 1-4 and 6-12 as submitted.
Deputy Mayor - Carson Taylor: Motion
Commissioner – Cyndy Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:06:39 PM Public Comment
Michelle Grauby, Public Comment
Ms. Grauby urged the Commission to adopt a Non-Discrimination Ordinance.
Rosemary Freemyer, Public Comment
Ms. Freemyer stated that she is on the local Parents, Families and Friends of Lesbians
and Gays (PFLAG) Board and urged the Commission to adopt a Non-Discrimination
Ordinance.
Kendra Nevin, Public Comment
Ms. Nevin urged the Commission to draft a Non-Discrimination Ordinance. She spoke
regarding some concerns of the language and impacts to the Trans community.
Bryce Ledbetter, Public Comment
Mr. Ledbetter introduced himself and stated that he is an applicant for the Economic
Development Committee.
G. 06:17:34 PM Special Presentation – LED Street Light Pilot Project (Meyer)
Natalie Meyer, Sustainability Coordinator, Dustin Johnson, Engineer and Chuck Winn,
Assistant City Manager gave the Special Presentation regarding the LED Street Light
Pilot Project.
06:34:45 PM Commission questions and discussion with Staff
The Commission and Staff spoke regarding the coloring of the lighting and that there is
some confusion with this. Mayor Krauss urged that Dr. Shaw, Director of Optical
Technology at MSU be contacted to discuss this. The Commission would like some
follow-up on the unmetered lights. The Commission agreed that the City should already
be requiring LEDs in parking lots and in new subdivisions. The Commission urged staff
to work with the Montana Department of Transportation (MDOT). Cr. Andrus stated that
LED lights are being addressed in the Parking Garage. Cr. Taylor would like follow-up
by Staff about fixture conversions. Staff will return to the Commission at a future
meeting addressing the suggestions received this evening.
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H. 06:43:34 PM Action Items
1. 06:43:42 PM (Consent Item 5.) Approve Construction Agreement with
Montana Department of Transportation for the College Street from Main
Street to 19
th
Avenue Project (Kerr)
Craig Woolard, Public Works Director began the staff presentation regarding (Consent
Item 5.) Approval of a Construction Agreement with Montana Department of
Transportation for the College Street from Main Street to 19
th
Avenue Project. Rob
Bukvich with MDOT stated that there are some things to work through. He then went
through what the project will be.
06:49:20 PM Public Comment
Mayor Krauss opened public comment on this item.
Tony Westgood, Public Comment
Mr. Westgood spoke regarding the lack of access to a number of businesses.
Scott Levindowski, Public Comment
Mr. Levindowski represents First Interstate Bank and spoke regarding concerns of access.
Daryl Schliem, Public Comment
Mr. Schliem hopes that MDOT works with our business organizations.
06:56:07 PM Public Comment Closed
Mayor Krauss closed public comment.
06:56:17 PM Greg Sullivan, City Attorney
Mr. Sullivan urged the Commission to not take action until he can work with MDOT.
06:57:30 PM Commission questions and discussions
The Commission discussed that this is a major commute route, that the corner needs to be
looked at more and that there is a desire to look at the design more before the contract is
signed. Mr. Woolard spoke regarding the prior public outreach processes and that the
design is ready to bid. Mr. Bukvich representing the Montana Department of
Transportation (MDOT) stated that MDOT is happy to show the plan to the Commission
at a future meeting. Staff will come back in a couple of weeks to have the contract
approved understanding that the Commission would like a presentation on the design
before doing so.
07:09:38 PM Motion and Vote to table this matter.
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Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
07:10:54 PM Break
Mayor Krauss declared a break.
2. 07:20:34 PM The Oak Meadows Zone Map Amendment to rezone 3.877
acres of existing R-4 (Residential High Density District) to B-2
(Community Business District), generally located south of Oak Street
between 12th and 14th Avenues, Application Z13175 (Rogers)
07:20:54 PM Staff Presentation
Staff Planner, Tom Rogers gave the staff presentation for the Oak Meadows Zone Map
Amendment to rezone 3.877 acres of existing R-4 (Residential High Density District) to
B-2 (Community Business District), generally located south of Oak Street between 12th
and 14th Avenues, Application Z13175.
07:28:11 PM Commission questions for Staff
No questions for staff.
07:28:21 PM Applicant Presentation
The Applicant gave the presentation regarding The Oak Meadows Zone Map
Amendment to rezone 3.877 acres of existing R-4 (Residential High Density District) to
B-2 (Community Business District), generally located south of Oak Street between 12th
and 14th Avenues, Application Z13175.
07:28:52 PM Questions for Applicant
The Commission and Applicant discussed the zoning designation, building size and
overall growth of the property.
07:30:21 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
07:30:33 PM Motion that having reviewed the application materials, considered public
comment, and all of the information presented, I hereby adopt the findings presented
in the staff report for application Z13175 and Zoning Commission Resolution Z13175,
and move to approve the rezoning with contingencies outlined in the staff report, and
direct staff to prepare the required implementing ordinance.
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Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2
nd
07:31:12 PM Commission discussion on the Motion.
07:32:27 PM Vote on the Motion that having reviewed the application materials,
considered public comment, and all of the information presented, I hereby adopt the
findings presented in the staff report for application Z13175 and Zoning Commission
Resolution Z13175, and move to approve the rezoning with contingencies outlined in
the staff report, and direct staff to prepare the required implementing ordinance.
Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 07:32:47 PM Hanson Annexation and Zone Map Amendment for the
annexation and establishment of an initial zoning designation of R-2
(Residential Two-Household Medium Density District) on 6.1933 acres at
4949 Durston Road, Applications A13003 and Z13240 (Rogers)
07:33:22 PM Staff Presentation
Staff Planner, Tom Rogers gave the Staff Presentation regarding the Hanson Annexation
and Zone Map Amendment for the annexation and establishment of an initial zoning
designation of R-2 (Residential Two-Household Medium Density District) on 6.1933
acres at 4949 Durston Road, Applications A13003 and Z13240.
07:39:54 PM Commission questions for Staff
07:40:44 PM Applicant Presentation
The Applicant representative gave the applicant presentation regarding the Hanson
Annexation and Zone Map Amendment for the annexation and establishment of an initial
zoning designation of R-2 (Residential Two-Household Medium Density District) on
6.1933 acres at 4949 Durston Road, Applications A13003 and Z13240.
07:42:13 PM Commission questions for the Applicant
07:42:34 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
07:42:40 PM Motion that having reviewed the staff report, application materials,
considered public comment, and all of the information presented, I hereby adopt the
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findings presented in the staff report for application A13003 and move to approve the
Hanson Annexation with recommended terms of annexation, and direct staff to
prepare an annexation agreement.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:43:14 PM Commission discussion on the Motion
07:44:54 PM Vote on the Motion that having reviewed the staff report, application
materials, considered public comment, and all of the information presented, I hereby
adopt the findings presented in the staff report for application A13003 and move to
approve the Hanson Annexation with recommended terms of annexation, and direct
staff to prepare an annexation agreement.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
07:45:22 PM Staff Presentation
Staff Planner Tom Rogers gave the Staff Presentation regarding the Hanson Annexation
and Zone Map Amendment for the annexation and establishment of an initial zoning
designation of R-2 (Residential Two-Household Medium Density District) on 6.1933
acres at 4949 Durston Road, Applications A13003 and Z13240.
07:50:15 PM Commission questions for Staff
The Commission and Staff discussed Municipal water and sewer system requirements.
07:52:41 PM Applicant Presentation
The applicant representative was available for questions.
07:54:27 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
07:54:38 PM Motion that having reviewed the staff report, the application materials,
considered public comment, and all of the information presented, I hereby adopt the
findings presented in the staff report for application Z13240 and move to approve the
Hanson Zone Map Amendment with staff contingencies.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
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07:55:03 PM Commission discussion on the Motion
The Commission expressed their appreciation to staff on the memo format of this
application.
08:02:41 PM Vote on the Motion that having reviewed the staff report, the application
materials, considered public comment, and all of the information presented, I hereby
adopt the findings presented in the staff report for application Z13240 and move to
approve the Hanson Zone Map Amendment with staff contingencies.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 08:03:07 PM Safeway Preliminary Conditional Use Permit and Certificate
of Appropriateness application to allow the demolition of the existing
casino, the construction of six fuel islands including 12 fuel dispensers
with canopy and a kiosk on one lot, the construction of a retail tenant
space sharing a zero lot line common wall and parking on a second lot
located at the northeast corner of North 19th Avenue and West Main
Street, Application Z13272 (Quasi-Judicial) (Krueger)
08:03:49 PM Staff Presentation
Staff Planner, Brian Krueger gave the staff presentation regarding the Safeway
Preliminary Conditional Use Permit and Certificate of Appropriateness application to
allow the demolition of the existing casino, the construction of six fuel islands including
12 fuel dispensers with canopy and a kiosk on one lot, the construction of a retail tenant
space sharing a zero lot line common wall and parking on a second lot located at the
northeast corner of North 19th Avenue and West Main Street, Application Z13272
08:12:59 PM Commission questions for Staff
The Commission discussed with Staff signage and landscaping requirements.
08:21:45 PM Applicant Presentation
The Applicant gave the presentation for the Safeway Preliminary Conditional Use Permit
and Certificate of Appropriateness application to allow the demolition of the existing
casino, the construction of six fuel islands including 12 fuel dispensers with canopy and a
kiosk on one lot, the construction of a retail tenant space sharing a zero lot line common
wall and parking on a second lot located at the northeast corner of North 19th Avenue
and West Main Street, Application Z13272.
08:26:18 PM Staff questions for Applicant
08:27:31 PM Public Comment
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Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
08:27:40 PM Motion that Having reviewed the application materials, considered public
comment, and all of the information presented, I hereby adopt the findings presented
in the staff report for application Z13272 and move to approve the conditional use
permit with certificate of appropriateness with conditions and subject to all applicable
code provisions.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
08:28:28 PM Commission discussion on the Motion
08:31:58 PM Vote on the Motion that having reviewed the application materials,
considered public comment, and all of the information presented, I hereby adopt the
findings presented in the staff report for application Z13272 and move to approve the
conditional use permit with certificate of appropriateness with conditions and subject
to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
5. 08:32:20 PM Appointment to the Bozeman Area Bicycle Advisory Board
(Brunckhorst)
08:32:25 PM Motion and Vote to appoint Jessie May Campbell to the Bozeman Area
Bicycle Advisory Board.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
6. 08:32:57 PM (Re)Appointments to the Cemetery Advisory Board
(Brunckhorst)
08:32:58 PM Motion and Vote to appoint Ann Bertagnolli to the Cemetery Advisory
Board.
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Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:33:40 PM Motion and Vote to reappoint Katherine Ball, Lynn Flansaas and Russ
Tuckerman to the Cemetery Advisory board.
Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
7. 08:43:19 PM Reappointments to the City Planning Board (Brunckhorst)
08:43:28 PM Motion and Vote to confirm the Mayor’s re-appointment of Erik Garberg
to the City Planning Board.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:43:58 PM Motion and Vote to appoint Paul Neubauer to the City Planning Board
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
8. 08:34:22 PM (Re)Appointments to the Economic Development Council
(Brunckhorst)
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08:34:58 PM Commission Discussion
Mayor Krauss would like the Commission to consider Becky Mohuren who is the
Technology Transfer Office at MSU as a member and also consideration of an ex-officio
member on this board. He suggested that former Mayor Becker be considered.
08:36:59 PM Motion and Vote to reappoint Daryl Schliem and appoint new member
Bryce Ledbetter to the Economic Development Council.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:37:43 PM Ex-officio Member
Mayor Krauss would like to appoint former Mayor Becker as the Ex-officio member to
this Board. City Attorney, Greg Sullivan stated that this is not a reoccurring position and
that it would be on an ad-hoc basis.
08:38:51 PM Motion and Vote to confirm the Mayor’s appointment of former Mayor
Becker as the ex officio member on the Economic Development Council.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
9. 08:39:43 PM Reappointment to the North Seventh Urban Renewal Board
(Brunckhorst)
08:39:54 PM Motion and Vote to confirm the Mayoral reappointment of Scott Hedglin
to the North Seventh Urban Renewal Board.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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10. 08:41:01 PM (Re)Appointments to the Recreation and Parks Advisory
Board (Brunckhorst)
08:41:02 PM Motion and Vote to Re-appoint Richard Shanahan and Robert Wade to
the Recreation and Parks Advisory Board.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:41:23 PM Motion and Vote to appoint Jenna Pinto to the Student position on the
Recreation and Parks Advisory Board.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:42:38 PM Motion and Vote to appoint Monica Skinner Rodriguez to an At-Large
Position on the Recreation and Parks Advisory Board.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:42:56 PM Motion and Vote to appoint Brian Close to an At-Large Position on the
Recreation and Parks Advisory Board.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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I. 08:44:39 PM FYI/Discussion
08:47:43 PM Brewery Wall
Mr. Kukulski stated that the Chief Building Official notified the property owner that they
need to do an analysis of the wall. The Engineering report states it needs to be secured. A
2 week deadline for property owner to tell City what they are going to do with it has been
set.
J. 08:49:28 PM Adjournment
Mayor Krauss adjourned the meeting at 8:50 p.m.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
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