The Lindon City Council held a regularly scheduled meeting on Tuesday, July 15, 2003 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: H. Toby Bath
Invocation: Larry Ellertson

PRESENT

Larry A. Ellertson, Mayor
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

Jeff Acerson, Councilmember

The meeting began at 7:08 p.m. Mayor Ellertson asked to be excused for a few minutes. Mayor Pro Tem Dain conducted in his absence.

MINUTES

The Minutes of the meeting of July 1, 2003 were reviewed. The following corrections were made:
Page 4, Line 24: Replace the word "homeowners" with the word "developers."
Page 6, Line 21: Replace the word "decrease" with the word "increase."
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF JULY 1, 2003 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION

There was no public comment.

MAYOR'S COMMENTS/REPORT

Mayor Pro Tem Dain commented that Mayor Ellertson had no items to report for tonight. He asked if there were questions or comments. There were none.

CONSENT AGENDA - No Items

CURRENT BUSINESS

1. Review and Action - Conditional Use Permit - Maple Manor Assisted Living Center. This is a request by Scott and Michele Farrer for consideration of a Conditional Use Permit for an Assisted Living Center to be located at 514 North Locust Avenue in the R1-20 zone. This land use is not codified in the standard land use tables of the city and therefore will need to be evaluated using the compatibility standards as outlined in the Lindon City Code. The Planning Commission recommended approval. This item was continued from the June 17, 2003 meeting.

Mayor Ellertson returned to the Council room. He introduced this item by explaining to the citizens present that this discussion of an application for a conditional use permit was continued from the previous meeting. He observed that the Council had been given a lot of information to digest and consider over the last two weeks. He commented that, from one person's perspective, there seemed to be a couple of main points–one, that the care center concept is something that should not be excluded from Lindon City and that is viewed positively, and two, that the concerns of residents are centered on the area proposed for the development. The belief is that the facility is out of character with the residential nature of the neighborhood mainly because of the proposed size. He noted that there had been no specific discussion on downsizing, but more focus had been placed on the need to provide a critical mass to provide a quality facility.

Councilmember Dain asked about progress on preparation of an ordinance to address the zoning issues of such facilities. Mr. Smith replied that there was a draft copy of a proposed ordinance in the staff report, however, the applicant had applied under the current compatibility standard, and must be judged from that standard. New applications can be considered under the pending ordinance.

Mayor Ellertson asked Mr. Smith to show the smaller version with the setbacks increased and the square footage of the facility reduced. He asked the Council if this smaller size changes the concerns or issues of compatibility. Councilmember Bath asked if the allowance for parking stalls is acceptable. Mr. Smith replied that the Lindon City Code specifies one stall per two beds. Councilmember Bath asked if the parking shown would be sufficient. Mr. Smith replied that the engineers had determined that the parking is sufficient. Mayor Ellertson asked if the Council feels that downsizing the facility addresses the issues raised about compatibility.

Councilmember Bayless agreed that most of the concerns raised by the neighborhood were regarding the size. Mayor Ellertson asked Mr. Farrer how the potential downsizing might affect the feasibility of the project. Mr. Farrer verified that the proposed downsizing increases all the setbacks to thirty feet. Mr. Smith confirmed this statement. Mayor Ellertson asked Mr. Farrer how this affects the number of units within the facility. Mr. Farrer replied that he was not sure how this would affect the number of rooms, but that the State code allows a lot of rooms in the same area. Councilmember Bayless observed that her concern is that if the facility is required to downsize, the number of rooms would not be decreased, but that the hallways and room sizes would be reduced.

Mr. Farrer commented that this proposal reduces the size of the facility to 17,000 square feet. This is a reduction of about 30 percent and seems reasonable. Mr. Smith explained that this proposal originated as a "what if" from staff level. One of the concerns raised at Planning Commission meetings had been the ten foot setback. This just reduces the building footprint and does not address the number of rooms or beds, and keeps the parking lot the same. Mr. Farrer observed that he was open for compromise. Ms. Farrer added that they had discussed changing the architectural treatment of the building to make it more compatible with the neighborhood. Mr. Farrer commented that the present "L-shape" could be changed. Ms. Farrer observed that she felt that the reduced square footage could work.

Councilmember Dain expressed the opinion that the number of beds is the indicator of size. He commented that the present proposal is equivalent to eight 2000 square foot homes. Councilmember Bayless suggested that the number of beds is only part of the issue. She commented that the rooms can be made smaller and more beds squeezed in. She suggested that the Council could not consider the number of beds and exclude the square footage.

Mr. Farrer asked how the reduced proposal would compare with the draft ordinance. Mayor Ellertson replied that he had observed one possibility of conflict between this proposal and the draft ordinance. Mr. Dameron agreed and noted that the number of beds is limited by the acreage of the parcel. He estimated that the new ordinance would limit the facility to 36 beds. Councilmember Dain noted that this draft ordinance would require more discussion and was not yet adopted. Mayor Ellertson asked where this draft originated. Mr. Smith replied that this proposed ordinance is an adaption of an ordinance from Spanish Fork City.

Councilmember Dain asked if the Spanish Fork ordinance addresses the possibility of when a facility size exceeds residential limits and therefore should be located in a commercial district. Mr. Smith replied that large facilities over 50 beds are addressed in the Lindon Standard Land Use Table and small facilities under eight beds are addressed in Lindon's group home ordinance. This proposal is aimed at medium sized facilities. Mayor Ellertson asked how the size of this facility compares with facilities in other cities. He suggested that this is one of the larger ones proposed for a residential area. Mr. Smith replied that there are larger facilities in a residential zone on Geneva Road in Orem. He pointed out, however, that the dynamics of a residential neighborhood on Geneva Road are different than Locust Avenue. He added that the Council will find a myriad of sizes in each zone.

Councilmember Bayless commented that the Canyon Breeze facility is not just one building, so it does not have the mass or intrusiveness of this one. She added that separating the facility into two buildings may not work in Lindon, but may in Orem where the neighborhoods are more dense. Mr. Smith commented that the facility on Geneva Road in Orem has sixty beds and fifty-seven residents. It is located in a residential zone adjacent to an industrial zone and is on a collector street which is the same class of street as Locust Avenue.

Councilmember Bayless pointed out that the proposed ordinance allows a developer to build a certain number of square footage on a parcel's acreage. She asked if this was sufficient or if there should also be a limit on the number of beds or residents. Ms. Farrer assured the Council that they had no intention of reducing the room size beyond their visual concept. Councilmember Bayless asked if this proposal to reduce the size and number of rooms would still allow the facility to be economically feasible. Both the Farrers replied yes. Councilmember Bayless expressed the opinion that if the size is decreased and the rooms reduced accordingly, the facility may be workable in this location. Mr. Farrer commented that if the number of rooms is reduced, the parking can be reduced to allow more landscaping, which will also reduce the facility's intrusion in the neighborhood. He noted that the ordinance allows one story to be twenty-four feet tall. Councilmember Bayless asked if it would be better to have the facility two story so it would cover less ground. Mr. Farrer replied that a two story facility would require elevators and overlook the neighbor's back yards. He would prefer not to have a two story facility.

Mayor Ellertson commented that he was interested in seeing if the Council's discussion on reducing the size of the facility addresses the neighborhood's concerns. He asked the audience to show by raising their hands if the solution proposed is acceptable. He asked those whose concerns are not addressed to also raise their hands. There were about equal hands raised. Mayor Ellertson suggested that it may be beneficial to have another neighborhood meeting to resolve the issues. Ms. Farrer commented that the neighborhood meeting was not a productive solution and she was not favorable to this suggestion. Mr. Farrer agreed. He commented that he wanted the proposal judged by the City Code and the studies produced by the City Engineers and other professionals. He complained that the neighborhood meeting concept needs a mediator. Ms. Farrer agreed that they want to know where they stand according to the compatibility standard. Mr. Farrer added that he was curious to know if the Council feels the facility is out of place.

Mayor Ellertson commented that compatibility is judged differently by who is viewing it. He noted that the difficulty arises in balancing all of the associated issues. He noted that there is a demand for this type of facility, but it appears the majority of the neighborhood feels that this location is not suitable. The question arises as to whether or not the facility could be compatible with the single family homes there, not the need for this type of facility in Lindon.

Mr. Brad Hall of 612 North 75 West, asked to address the Council to provide a brief synopsis of new information. He informed the Council that he had called Mr. Bill Bond, who is the architect that reviews building plans for these facilities for the State of Utah. He reported that Mr. Bond was surprised that this proposal contained so many double rooms. He said that most facilities consist of about 75% single rooms. Mr. Hall compared this to the Canyon Breeze facility which is 60% single and 40 % double rooms, the Greenwood facility which has 33 single rooms and 4 double rooms, and the Golden Living facility which has 21 single rooms and no double rooms. He suggested that double rooms are intended for couples and not for roommates.

Mr. Randy Jones of 517 North Locust suggested that making the rooms smaller would allow the facility to still be successful. Mayor Ellertson noted that the measure of success may be more in the quality of life afforded to the residents. Councilmember Bayless commented that she had observed that smaller facilities provide homes for the less mobile. This facility seems to be aimed to those with a greater degree of mobility. Mayor Ellertson asked the Farrers if they see the double rooms for couples. Ms. Farrer agreed that this is one of the options of the rooms. She added that most couples seek assistance when one of them has greater needs than the other.

Planning Commission member Jim Peters asked the Council if they were considering approving a smaller facility. Mayor Ellertson agreed that this is a possibility. Commissioner Peters observed that the Planning Commission had raised concerns about the size of the proposal all three times that it had been considered by them. He praised the Council for being pro-business and accommodating, but cautioned "falling into same trap as the Planning Commission did." He pointed out that the Farrers had not reduced the size of the building at any time even though this concern had been raised repeatedly. He recommended that the smaller size proposal be returned to the Planning Commission for review. Mayor Ellertson commented that the proposal will come back to the Commission for site plan review and that this application is only for a conditional use permit. Mr. Farrer observed that he believed that the Planning Commission had made a "powerful" statement recommending approval to the Council with the size as is and not reduced. He added that this reduced size as proposed now will be a compromise.

Mr. Michel Bauer of 62 West 725 North pointed out that 200 of the neighbors had signed a petition asking the size to be reduced to 10,000 square feet. They feel that this is an acceptable compromise, but he would like to suggest an alternate compromise. He proposed that Farrers consider a property exchange for a parcel on 200 North and State Street that is zoned commercial on the front and residential on the back. The parcels are similar in size and value. The location of the parcel was identified as north of the Lindon City Center park entry on the east side of State Street.

Mr. Alan Colledge of 35 East 400 North observed that this is a divisive issue. He understood the Council's wish for this project to be built in Lindon as a needed facility and their equal wish to be sensitive to the landowners and provide open space. He acknowledged the Farrer's wish to provide for the future also. He noted, however, that a master plan for growth of the City has been developed apart from the wishes of the residents. He pointed out, for instance, that Main Street is planned to go through his property as something in the best interests of the City. He noted that he has had two requests to the City that would change the use of his property in a manner that did not fit the City ordinances. He had to apply to change the ordinance and commented that it had not been a arduous or lengthy process. He suggested that this prevents unprecedented or arbitrary decisions. He added that the residents and City are aware of the need for these types of facilities in the future. He suggested that an ordinance be considered by an ac hoc committee that represents that various special interests of Lindon before this application is approved. He thanked the Council for their time.

Ms. Linda Nelson, 318 West 625 North, suggested that a commercial business belongs in a commercial area. Mr. Farrer replied that this use is allowed in a residential zone by a conditional use permit. Mr. Gary Otterstrom, 649 North 75 West, suggested that the Council has a responsibility to prevent semi-tractor trailer trucks from using Locust Avenue and to protect property values. Mr. Roger Gillis, president of the Green Valley Condo Association, presented the condo residents as a strong contingent in favor of the facility. They feel that this is the best place for the facility, that it will be an attractive addition to the condo project and will increase their property values.

After more discussion, the Mayor asked for a motion. COUNCILMEMBER DAIN MOVED TO DENY THE REQUEST BY SCOTT AND MICHELE FARRER FOR MAPLE MANOR, AN ASSISTED LIVING CENTER, AT 514 NORTH LOCUST WITH THE FOLLOWING FINDINGS:
1. THE PROPOSED DEVELOPMENT IS TOO LARGE TO BE COMPATIBLE IN A NEIGHBORHOOD ALREADY IMPACTED BY THE ALPINE SCHOOL DISTRICT BUS GARAGE AND THE CONDO PROJECT.
COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH NAY
COUNCILMEMBER BAYLESS NAY
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE DECIDING VOTED WAS CAST BY MAYOR ELLERTSON WHO VOTED AYE. THE MOTION CARRIED.

Mr. Farrer asked what the next step would be for his application. Councilmember Dain replied that the Council will work on an ordinance. Mr. Smith explained that applications will not be taken when an ordinance is pending. He informed Mr. Farrer that the Planning Commission will consider the ordinance beginning August 13 and the Council will probably see the Planning Commission's recommendation in September.

2. Public Hearing - Pacland/Walmart Water Relief Petition. This petitioner has requested that this item be continued to the August 5, 2003 meeting. This is the last continuation before the item will need to be re-advertised as a new public hearing.

Mayor Ellertson commented that the petitioner has asked for a continuance and asked if there was anyone in the audience that was here to address this issue. There was no response.

COUNCILMEMBER BAYLESS MOVED TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING ON AUGUST 5, 2003. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. Preliminary Subdivision - Orchard Condos. This is a request by David Gren to convert the existing Gren Apartments into condominiums. The apartments are located at 365 West 800 North in the R1-20 zone. The Planning Commission has recommended approval.

Mr. Smith informed the Council that this applicant had asked for a postponement to August 19, 2003.

After discussion, COUNCILMEMBER HATCH MOVED TO CONTINUE THIS ITEM TO THE CITY COUNCIL MEETING OF AUGUST 19, 2003. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. Preliminary Subdivision - Kings Court Plat "A." This is a request by Michael Leifson for preliminary subdivision approval of Kings Court Plat "A," 9 lots, at 350 North 400 East (with two lots fronting on 400 North) in the R1-20 zone. The Planning Commission recommended approval.

Mr. Michael Leifson introduced himself to the Council. Mr. Smith presented the plan to subdivide a parcel into nine lots, two of which front on 400 North and the remainder of which will front on a cul-de-sac that enters from 400 East. He pointed out an existing home on 400 East and a barn that occupies a potential second lot that is being retained by the existing home. He noted that the Planning Commission had recommended approval to the Council. He observed that some of the lots are close to the minimum square footage and that lot lines might need some adjustment when the actual survey is completed. He commented that the frontage on both 400 North and 400 East will be improved and the trail extended on 400 North.

Councilmember Bayless asked about the planned orientation of the home on Lot 7. Mr. Smith replied that the code places no restrictions, but that the Council can restrict this orientation if they wish. Mr. Leifson noted that he would prefer that the house face the new road.

Councilmember Dain asked if the homeowners in the existing home had signed the application. Mr. Smith replied that they had signed the subdivision application. There was a discussion of the possibility of a multiple family application for a lot in this subdivision and the ordinance which prohibits developers from restricting multiple family housing projects. It was decided that the potential infringement of animal rights and multiple family housing could be avoided by a phone call to the Lundgrens.

COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY MICHAEL LEIFSON FOR PRELIMINARY SUBDIVISION APPROVAL FOR KING'S COURT, A NINE LOT RESIDENTIAL SUBDIVISION, AT 350 NORTH 400 EAST. NOTIFICATION OF LUNDGRENS THAT MULTIPLE FAMILY HOUSING AND ANIMAL RIGHTS CANNOT BE RESTRICTED BY DEVELOPER IMPOSED COVENANTS, CONDITIONS OR RESTRICTIONS MUST BE COMPLETED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Public Hearing - Ordinance to Adopt a Mobile Telephone Service Revenue Tax. The City Council will hear public comment and possibly act to approve an ordinance which will adopt a tax of $1 per cell phone per month on all cell phones with Lindon City addresses. The City Council approved adding this funding into the budget for fiscal year 2003/2004 during the budget public hearings. The funding has been budgeted to be used to augment the costs of improvements to new city parks.

Mayor Ellertson commented that this issue had been discussed previously during the budget public hearings. Mr. Dameron agreed.

COUNCILMEMBER DAIN MOVED TO OPEN THE PUBLIC HEARINGS FOR ITEMS FIVE AND SIX. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Doyle Cardon of 504 North 40 West suggested that the Council consider raising property taxes instead of sales or franchise taxes because property taxes can be deducted from income tax. A newspaper representative asked how this tax would be enforced. She was informed that the cell phone companies would collect the tax based on the billing address and remit the amounts to the City. Councilmember Bath commented that this measure was being considered because of reduced revenues caused by the downturn in the economy. It was noted that neighboring cities were generally collecting the cell phone tax in addition to the maximum allowed municipal energy sales and use tax at six percent. Lindon has not been collecting any cell phone tax and only 3.5% of the energy sales and use tax. Mayor Ellertson asked if there was any further public comment. There was none.

COUNCILMEMBER DAIN MOVED TO CLOSE BOTH PUBLIC HEARINGS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2003-11 ADOPTING AND ENACTING CHAPTER 3.11 - MOBILE TELEPHONE SERVICE REVENUE ACT - OF THE LINDON CITY CODE. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH NAY
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH NAY
THE DECIDING VOTED WAS CAST BY MAYOR ELLERTSON WHO VOTED AYE. THE MOTION CARRIED.

Mayor Ellertson explained that there is a movement towards a uniform fee for all telephones. This ordinances secures Lindon City's ability to participate.

6. Public Hearing - Ordinance to Adopt a Change in the Franchise Tax Rate from 3.5% to 4.5%. The City Council will hear public comment and possibly act to approve an ordinance which will increase the utility franchise tax and the municipal energy sales and use tax from 3.5% to 4.5%. The City Council approved adding this funding into the budget for fiscal year 2003/2004 during the budget public hearings. The additional funds have been budgeted to be used to augment the costs of improvements to new city parks and to help balance the budget.

Mayor Ellertson commented that there is not a person that enjoys taxes. He noted that it is the hope of the Council that this increase in the franchise tax rate can be readdressed. The Council agreed.

COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2003-12 AMENDING CHAPTER 3.09 - MUNICIPAL ENERGY SALES AND USE TAX AND CHAPTER 3.10 - UTILITY FRANCHISE TAX - OF THE LINDON CITY CODE WITH THE CONDITION THAT THIS ISSUE BE READDRESSED IN ONE YEAR. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Cardon reported a leaking faucet at the end of the picnic pavilion at the Lindon City Center Park.

COUNCIL REPORTS:

WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain reported a proliferation of yard sale signs on stop signs and telephone poles. He asked about the ordinance requirements for these signs. He also reported an increase in the secondary water allocation from 60 percent to 75 percent. Conservation efforts on the part of citizens were discussed.

SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch had nothing to report at this time.

TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless expressed admiration for the Lindon Days Booklet. She pointed out that the Huck Finn Day had been moved from Wednesday to Tuesday. There was a discussion of canceling or shortening the Council meeting that night to allow the Council to attend. It was decided to start at 7:00 on Tuesday, but to keep the agenda to the minimum.

STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath asked about progress removing the weeds near the Oak Canyon Junior High. Mayor Ellertson reported that the volunteer coordinator had this project on the list. Councilmember Bath discussed the police report summary with the Council. It was decided that a detailed report was preferred. Councilmember Bath asked if there were special instructions for the police department for Lindon Days. The presence of police officers for certain events was discussed.

PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson was excused.

Mayor Ellertson discussed the preparations to enforce the trespass ordinance.

ADMINISTRATOR'S REPORT

Mr. Dameron:
1. Pointed out important dates for the Council to be aware of–the tri-city storm water meeting Wednesday, July 16 at 4:00 p.m. in the Public Works building, the Access Management Committee meeting the same day at 7:00 p.m. in the City Center, and the Engineering Coordination meeting Thursday, July 17 at noon. Councilmembers Bayless and Bath volunteered to attend the last meeting.
2. Announced an employee softball challenge to be held on Friday, July 18 from 2-4 p.m. at the lower ball field in the Lindon City Center Park. The Mayor and Council were invited to play.
3. Reminded the Council of the joint field trip scheduled for July 31 at 7:00 p.m.
4. Asked for hearing requests from the Project Tracking List. There was none.
5. Announced the Fall Utah League of Cities and Towns meeting in September and asked for reservation requests. Councilmember Bayless and Mayor Ellertson asked for reservations.
6. Noted that appointments to the Board of Adjustment and Planning Commission are needed. Councilmember Dain suggested a candidate for a position.

COUNCILMEMBER BATH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Executive Session - The City Council will meet privately to discuss the purchase of real property. (UT Code 52-4-4)
COUNCILMEMBER DAIN MOVED TO ENTER INTO AN EXECUTIVE SESSION TO DISCUSS ACQUISITION OF REAL PROPERTY AT 9:26 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER HATCH MOVED TO ADJOURN THE EXECUTIVE SESSION AT 9:50 P.M. AND RECONVENE THE CITY COUNCIL MEETING. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 9:51 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - August 5, 2003

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