The Lindon City Council held a special meeting on Wednesday, June 23, 2004 beginning at 5:30 p.m. in the Lindon City Center, City Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Lindsey Bayless
Invocation: Ott Dameron

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Bruce Carpenter, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Gordon Duval, City Attorney
Venla Gubler, Administrative Clerk

The meeting began at 5:39 P.M.

The minutes of the Joint Meeting with the Planning Commission of May 26, 2004, and the regularly scheduled meeting of June 1, 2004 will be reviewed.

The Minutes of the Special Joint Meeting of the Lindon City Council and the Lindon City Planning Commission of May 26, 2004 were reviewed. The following corrections were made:
Page 2, Line 16: Add the word "that" after the word "issue."
Page 3, Line 2: Replace the word "only" with the word "approximately."
Page 3, Line 7: Replace the word "condition" with the phrase "designation of this flood zone."
Page 3, Line 18,19: Add the phrase "by the two roads intersect" after the word "gone."
Page 3, Line 36,37: Add the sentence "It was decided that the developer should construct the debris basin, both the embankment and piping, as part of the development" at the end of the paragraph.
Page 4, Line 23,24: Add the name "Black Scot, P.C." after the word "developers."
Page 5, Line 15: Replace the word "ARE" with the word "WILL."
Page 5, Line 18,29: Add the phrase "TO BE EFFECTIVE AND RUN UNTIL THE CONSTRUCTION IS COMPLETED" at the end of the sentence.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION OF MAY 26, 2004 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the regularly scheduled meeting of June 1, 2004 were reviewed. The following corrections were made:
Page 2, Line 28: Replace the word "promoted" with the word "presented."
Page 5, Line 26: Add the words "trail grant" before the word "funding."
Page 8, Line 41,42: Add the words "by Green Thumb Nursery on State Street" to the end of the first sentence.
Page 9, Line 6: Replace the words "was excused" with the words "noted that she had no report for tonight."
Page 11, Line 1: Replace the date "July 6^th" with the date "June 23."
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 1, 2004 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

OPEN SESSION - Citizens comments

There was no public comment.

Mayor Ellertson commented that the Utah League of Cities and Towns has a committee that is working on making the streamlined tax workable. He noted that enclosure of the Murdock Canal is progressing and that he is hopeful that the City will have a legitimate trail along its length. He asked if there were any questions for him. There were none.

CONSENT AGENDA - No Items

1. Review and Action - Nonconforming Use Relocation and Expansion. This is a request by Dustin Sweeten on behalf of Low Book Sales/Country Cars to relocate and expand a nonconforming use, and in addition, sell the business to Low Book Sales. The current business of Country Cars is located on a .75 acre lot at 570 North State Street. The new business of Low Book Sales would be on a 4 acre lot at approximately 600 North State Street across from the new Wal-Mart store.

Mr. Smith informed the Council that this meeting has been requested by Country Cars/Low Book Sales to consider relocating a car dealership. He displayed the current location and the proposed location where the applicants would like to move their business. He explained that all currently operating used car dealerships in Lindon are a legal nonconforming use. The Lindon City Code that regulates nonconforming uses allows them to move if they meet certain criteria. He observed that the Planning Commission had reviewed the request at their last meeting and, after discussion, decided to recommend approval of the move to the Council based on seven criteria. He noted that the site plan has not been approved, just the ability to move. Mr. Smith displayed the current site plan of Country Cars and the proposed site plan of Low Book Sales and commented that the proposers are requesting to expand the site along with the move.

Mr. Smith read the Planning Commission recommendations to the Council and audience. They were:
1. Resolution of ownership rights to the nonconforming use shall be evidenced by a preliminary injunction or agreement by the parties.
2. Resolution must dictate a single entity’s right to the use.
3. The Planning Commission is recommending approval of the move and expansion based on the condition that the site plan, architectural plans, and landscaping plans be in harmony with the proposed regulations and requirements of the zone. Such site plan, architectural design, and landscaping requirements may be more specific and restrictive than the code currently addresses in order to make the proposed nonconforming use compatible. The Planning Commission desires to review the final site plan, architectural design, and landscaping plan prior to final approval.
4. The applicants shall work with the property owner to the south in completing retaining walls and fences to prevent encroachment.
5. A decision on 600 North access will be conditional on additional noticing of the neighborhood and input from public safety and traffic engineers.
6. No public address or loud speaker system outside the building. Lighting will be directed away from residential areas and be dimmed after 10 p.m. and car test drives will be directed away from residential areas.
7. The Planning Commission recommends approval based on their findings that the request complies with General Plan goals and that used car sales generate less traffic and parking impacts than the typical retail commercial.

Mr. Smith also read the criteria for allowing a nonconforming use to move and expand from the Lindon City Code. He read, "The Planning Commission may authorize the expansion, enlargement and/or moving of a nonconforming parcel, lot, building, structure, or use only after holding a public hearing and finding that: (a) the enlargement, addition and/or moving of the nonconforming parcel, lot, building, structure, or use will be in harmony with requirements and regulations of the zone in which the nonconformity is located; and, (b) the proposed change does not any unreasonable burden upon the lands in the vicinity of the nonconforming use or structure, not does it violate the development policies adopted in the Lindon City Master Plan; and (c) the use, building and/or structure, existing or proposed, will be brought into compliance, where possible, with design and architectural standards of the zone where proposed.

Mr. Smith commented that the Planning Commission reviewed the development policies contained in the General Plan and noted that the business may require more strict standards to make it harmonious and meet those requirements. He also observed that, based on traffic standards, used car sales usually generate less "trips" than retail uses so there would be less traffic impact with this business than a conventional retail commercial use of 35,000 to 40,000 square feet. Mayor Ellertson asked if there were any questions. There were none. He asked City Attorney Gordon Duval if he had a presentation. Mr. Duval came to the front.

Mr. Duval observed that the first two issues from a legal perspective are identified in the Planning Commission recommendations. One is the legal right of ownership to the conditional use, which could be either the landowner or the leaseholder in this case. The other is who has the right to request that right to be moved. He reported that the court has been asked for a decision on the legal right of ownership, but no decision has been made yet. He explained that the reason for the problem with this decision is that the City does not allow a multiplication of nonconforming uses. He informed the Council that Mr. Sweeten has requested an alternative solution of moving the nonconforming use at Alpine RV at 159 South State Street, rather than the use at Country Cars at 575 North State Street. He explained that this is not a new use and the City will still not have any additional used car lots than before.

The Council discussed the used car use at Alpine RV and Country Cars. Councilmember Bath asked about the property owner’s conditional use at the Country Cars site. Mr. Sweeten explained that his understanding is that Skip Dunn Investments applied for and was granted a conditional use permit for a park and ride, but the permit was not issued and a business license was not applied for nor granted. The conditional use permit, business license and the State Dealer’s License were issued for Country Cars at a later date. Councilmember Bath commented that his recollection is that Skip Dunn was planning to put a car dealership on this property. Mr. Smith explained that Mr. Dunn applied for and was granted a conditional use permit for a park and ride because he had people parking cars on the property to sell. He noted that he was not sure how many of the improvements had been installed according to the approved site plan and no business license was issued, but the use seems to have been continuous. He added that Country Cars applied for a revised site plan in 2002, improved the property and a business license was issued.

Mr. Sweeten commented that there was no purpose in debating the issues of who owns the conditional use permit. He explained that he did not realize, when he applied to move the use, that he would create so much controversy or that Mr. Dunn intended to put another car dealership on the property. He observed that he did not want to sue Mr. Dunn for ownership, but was required to litigate by the City to determine the ownership. He explained that his options are to either move his business or close. It is not his intent to manipulate the system, but to get some value for his business. He referred to the minutes of the Council when the nonconforming use ordinance was discussed and amended. He had specifically asked the Council if he could move the use to another parcel and was told yes. He is following the Lindon City code in requesting this move.

Mr. Sweeten explained that the changes to the nonconforming use ordinance had been prompted by the Utah Auto Sales request. He suggested that Low Book Sales meets all the criteria of the ordinance better than this previous approval. He observed that Low Book Sales will be farther away from residential uses. He pointed out that Utah Auto Sales is 80 feet away and Low Book Sales will be 165 feet away. He expressed the opinion that this application meets the requirements and criteria of the ordinance much better than Utah Auto Sales did.

Mr. Sweeten told the Council that he has been researching how to accomplish this move and retain the integrity of the City Code. He came up with Alpine Power Sports, his former business. He observed that this license has been held continuously since it was issued. It was approved for used car sales by the City. He added that Lindon City’s Standard Land Use Table has no specific designation for a power sports dealer. These two types of motor vehicles, Used Cars and Power Sports vehicles, are considered the same for purposes of dealer licenses issued by the State of Utah Motor Vehicle Division. He suggested that the move of the nonconforming use can be approved for transfer from 159 South State Street and that location can be sold for a permitted use. Councilmember Acerson asked if Mr. Sweeten felt that anyone on the Council thought of the location at 159 South State as a used car lot. Mr. Sweeten replied no, but that did not change the fact that it is an approved location.

Councilmember Acerson asked Mr. Sweeten’s plan if this use is not approved for the proposed move. Mr. Sweeten replied that one of the motivations that prompted this proposal to move the use from 159 South is that he owns the property and his tenant is moving. The property has been for sale for some time. He observed that part of the deal with Low Book Sales is that they will buy the property for the appraised value and he will move his business to another city.

Councilmember Carpenter asked if a use that is not listed on the Standard Land Use Table is considered prohibited. Mr. Smith replied that the Standard Land Use Table’s compatibility standard has ten criteria that are used to judge if the use may be a conditional use if a specific use is not listed. Councilmember Carpenter asked if the power sports use is the same as a used vehicle. Mr. Smith explained that the Standard Land Use Table is not as specific as it should be. The Table currently lists new vehicle sales, used vehicle sales, and marine craft and accessories sales. He explained about primary uses, and ancillary or secondary uses. He also commented that there is no specific listing for ATV’s and snowmobiles. Councilmember Carpenter asked if the conditional use permit specified the land use. Mr. Smith replied yes, but was not sure about a permit issued in 1993 like the Alpine Power Sports permit. Mr. Sweeten commented that, as of three years ago when he sold the business, water craft comprised less than ten percent of the total sales. Most of the sales were either motorcycle, ATV or snowmobile. He commented that it was obvious to him that the business could be classed as motor vehicle sales. Mr. Smith responded that the conditional use permit could be checked and that development files are kept for ten years.

Mr. Sweeten informed the Council that Alpine Power Sports is moving to the Vantage Auto site. He suggested that if trimming down the number of used auto sales businesses is the goal of the City Council, the transfer of Alpine Power Sports’s used vehicle sales use to Low Book Sales and the change of Vantage Auto’s use from used auto to power sports would accomplish that purpose. Councilmember Acerson asked if the City is mandated to follow the State’s classification of a business. Mr. Smith replied that the City can classify land uses according to the Council’s definition of a use. Councilmember Acerson asked if a general category must be more specifically defined and interpreted. Mr. Duval suggested that an ambiguous category may be defined according to the dictionary if needed. Mr. Sweeten commented that he realizes interpreting the use as a car dealership according to the State’s licensing procedures is the prerogative of the Council, but he felt that interpreting the use this way would avoid litigation and does not change the number of nonconforming uses on State Street in Lindon.

Councilmember Bayless suggested that the public be allowed to comment. Councilmember Bath agreed. Mayor Ellertson asked those present to choose either a spokesperson for their group or to comment individually if they feel an issue has not been addressed, but that he would like the public to be brief. Mr. Sweeten commented that the public might like to know that the entrance shown on the proposed site plan that accesses 600 North is optional. Councilmember Bayless noted that there were two letters included in the staff report–one in favor and one opposed.

Mr. Skip Dunn and Mr. Jared Anderson introduced themselves. Mr. Anderson explained that he is an attorney with Robinson Seiler & Glazier, representing Mr. Dunn, the property owner of the Country Cars site. He observed that he would like to try and summarize their position and added that their purpose is not to express an opinion on the litigation with Mr. Sweeten. He commented that the Country Cars business is currently located on Mr. Dunn’s property. Mr. Dunn obtained ownership of this parcel in 1995. He found that vehicle owners used the parcel to display their "For Sale" autos. He was asked by the City to either stop this practice or obtain Planning Commission approval. He applied and was issued a temporary one-year conditional use permit in September of 1999. He applied for and was approved for a permanent conditional use permit in August of 2000. The conditional use permit was issued and stated some conditions, but did not indicate that it was limited in time. The conditions were that a cross easement was needed and that tree placement must be reviewed with staff. Mr. Dunn has records that substantiate construction taking place on the property within a short period of this certificate being issued. The improvements constructed include curb, gutter, pavement, water line, etc. He informed the Council that construction on the site was substantially complete by the next spring. At that time, the property was leased to Country Cars and was fully improved and constructed by June 1, 2001. Mr. Sweeten’s Country Cars business was leased the property on a twelve month contract with an option to extend. Part of the lease understanding was that Mr. Skip Dunn would simultaneously sell his own cars. Mr. Anderson noted that Mr. Dunn would strongly object to any proposal that would remove the use from that property. He also noted that Mr. Sweeten’s conditional use permit was an amendment to Mr. Dunn’s permit and that Mr. Sweeten did not apply for his own conditional use permit. He informed the Council that Mr. Dunn’s intentions for the property are to maintain a used car lot. He asked if there were questions. There were none.

Mr. Dunn explained that this property had two homes on it when he bought it. He has torn down a home, and added grass, lighting and storm drain improvements. He commented that when Mr. Sweeten leased the property, there was only trees and asphalt to finish. Mr. Sweeten only had to put an office trailer there. He explained that the reason he leased the property was because of other projects at that time, but that his intent has always been to come back and sell cars there. He informed the Council that he wants to keep the conditional use on the lot and protect his investment. Mr. Anderson observed that Mr. Dunn had received no notice that the City considered the conditional use permit either revoked or expired. He acknowledged that the Council would not be deciding who owns the conditional use permit, but the court ruled on a similar case in California that the right runs with the land and is not attached to a lease. Mr. Dunn explained that if he had known in advance of this problem, he would not have leased the property. Mr. Sweeten commented that it was his understanding that the City did not want to debate this issue and his attorney was not present.

Mayor Ellertson asked the audience for a show of hands of those who would like to comment. He asked the audience to address the Council one at a time and state their name and address for the record. Mr. Tom Neil of 378 West 700 North told the Council that his biggest concern is the impact of all the traffic coming into the area. He pointed out that there was a Wal-Mart and now a large car lot. He suggested that all the test driving would impact the neighborhood. He expressed concern about access to the parking lot from 600 North and suggested another exit to State Street. He commented that if the customers exit to 600 North that there would be stacking of vehicles waiting to cross State Street to turn left, so the motorists would turn right on 600 North and drive through the neighborhood. He pointed out that this neighborhood has a high concentration of children.

Mr. Neil observed that the City has the legal right to grant the right to move a nonconforming use under certain conditions. Those conditions are that the use will be in harmony with and not create unreasonable burdens to the surrounding uses and properties, and that the use does not violate the development policies of the General Plat. He suggested that this use is going to put undue burden on this residential neighborhood with extra traffic and extra safety concerns. He felt that this project, in addition to the Wal-Mart, is too much. He expressed the opinion that commercial businesses such as Wal-Mart bring drug use and other police activity to the surrounding properties. He also suggested that turning left from 600 North to State Street is already dangerous and will be worse with Wal-Mart, especially with no traffic signal. Mayor Ellertson noted that the signal light is on its way to being approved and installed on this corner.

Ms. Linda Nelson of 318 West 625 North concurred that this neighborhood has a high concentration of children. She informed the Council that there are 36 children in twelve houses. She suggested that there is a legitimate reason for concern and that she would ideally like to see the residential section walled on 600 North to give the homes some security and separation. This would also prevent the street from being used as a thoroughfare. Ms. Nelson also questioned having two used car dealerships across the street from each other, Low Book Sales on the east side of State Street and Skip Dunn on the west side. She suggested that this did not seem like good use of Lindon’s limited State Street frontage. She summarized her comments by requesting a change in the driveway from 600 North and a wall on 600 North to totally divert traffic away from the homes.

Ms. Besty Neil of 378 West 700 North told the Council that she lives a block away from this project. She moved to Lindon because it was a "Little Bit of Country" and complained that it was becoming a "Little Bit of Compton." She commented that she came here from California where the zoning is different and she does not understand how a business like this can move into a residential neighborhood. She added that her greatest concern is the safety of the children. She asked what Lindon’s future will be if home values are impacted and the residents move away. She suggested that although retail uses involved more coming and going, a car lot involves more test driving into the neighborhoods. She thanked the Council for listening.

Mr. Ron Pulley of 343 West 625 North expressed fears and questions about Lindon’s future also. He aired concerns about impact on children, family, homes, and lifestyle. He commented that he is against Wal-Mart and Low Book Sales. He expressed concern about an increase in crime and wants to keep the peace he has enjoyed. He added that the Lindon City Council is bringing these changes to Lindon and it is becoming a "Little Piece of L.A."

Mayor Ellertson replied that he is not sure that it is the Council that is bringing it in, but the increase in population moving here from other areas. He noted that this area has been zoned commercial for a long time, at least since 1978. Mr. Pulley commented that he tried to express concerns about the Wal-Mart and felt that his concerns were not heard. Mayor Ellertson replied that he is sorry that Mr. Pulley does not feel that he has been heard, but the City found that the development met the requirements of the City Code and it was approved.

Ms. Jolyn Hulse of 392 West 600 North expressed the opinion that the business would really become a burden to them as they live right across the street. She commented that the lights and traffic noise would affect them. She also observed that this business has a service area that would place an unreasonable burden on them. She expressed concern about the children’s safety.

Mr. Michael Hulse of 392 West 600 North told the Council that they moved into this home seventeen years ago and that 600 North was a dead end then. He observed that the City allowed the zoning to be changed to bring the commercial zone farther into the neighborhood just recently, and since then, two families have moved out. He asserted that this application would continue to decrease property values. He commented that the lights from Walkers are on 24 hours a day. He observed that it is getting tough to live here. He told the Council that he has loved living in Lindon, but this is hurting the neighborhood. Ms. Hulse added that they would appreciate the Council not allowing this business at this location.

Mr. Jay Deher of 331 West 625 North informed the Council that he is a real estate agent living in this neighborhood. He asserted that the property values are decreasing and presented an appraisal on a home recently sold. He commented that as homes are sold for less, the lower price becomes a "comparable" and the sale affects the value of all the homes sold in Lindon. He commented that he would prefer to have a restaurant or shops in this location than a car dealership. Mayor Ellertson observed that the traffic engineers estimate lower traffic volumes with this type of use than the more intensive retail uses that Mr. Deher prefers. Mr. Deher replied that it is the kind of traffic that he is concerned about. Mayor Ellertson observed that the City had dealt with test drive problems and solved the problems in another case. He suggested that the problem can be dealt with here. Ms. Hulse told the Council that the type of people attracted to this business are more the problem. She suggested that the concern centers more on crime. Mr. Deher commented that there are many concerns, but the values are suffering. He asked the Council to consider a commercial use more in keeping with the residential nature of the surrounding properties.

Mr. Kevin Burnett of 326 West 625 North told the Council that he had previously built in Orem on a cul-de-sac. He had been told that this would always be a cul-de-sac, but it was connected to another street and turned into a major thoroughfare. He decided to move and found this property at the end of a long cul-de-sac in Lindon. He expressed some frustration that if a used car dealership is built at this location, test drivers will not care if they go into a cul-de-sac. He commented that his "Little Bit of Country" would be gone.

Ms. Amy Clay of 363 West 700 North wanted to make a clarification on Mr. Sweeten’s statement about how far this business would be from residential homes. She pointed out that the homes are right across the same street. She observed that she wanted it made very clear that the business and the homes are not separated, but adjoin and touch the same street.

Mr. Carl Calaway of 332 West 625 North told the Council that eight of the kids on this street are his own children. He asked the Council to imagine a car lot expanding from three-quarters of an acre to four acres. He observed that Low Book Sales does not have a good image. He commented that Lindon does not need to imitate Murray. He suggested that there are better tax-generating businesses for Lindon–ones that may cause less crime. He also suggested that this business affects all of Lindon so all citizens should be notified. Mayor Ellertson asked Mr. Calaway what type of business he would support on this parcel. Mr. Calaway replied that he was not sure, but he felt that a car dealership would cost the City and its citizens more than it would do good. He pointed out that the street curve in front of his house is narrow and only allows two-way traffic with no parking. He also suggested that patrons will not use the entrance of this lot on State Street to turn left, but would access 600 North to get to the traffic signal. He also expressed concern about the City being threatened by litigation if this application is not approved. Mr. Sweeten commented that Mr. Calaway has misunderstood his statements. He added that notice is not required by law and that the neighborhood has been invited to comment out of courtesy. He observed that Low Book Sales has indicated that no test drives are done without a salesman in the car and that the salesmen can direct the test drives out of the neighborhood.

Mr. Art Jackson of 362 West 700 North described himself as a statistician. He told the Council that he had obtained a demographic profile of Low Book Sales and compared them with other dealerships. He observed that he found that Low Book’s customers are generally younger with a lower income. He commented that he also found a secondary correlation about this information and the crime rate. He advised the Council to be careful of the business they approve at this location.

Ms. Amanda Pew of 372 West 625 North commented that she felt, that as elected officials, the Council should choose a business for this site that will be the most benefit to the community.

Mayor Ellertson commented that the Council has a time constraint and that the Planning Commission is ready to start their meeting. He noted that there had been a lot of input from the neighborhood and that he would like to hear about potential uses that would be supported. Councilmember Bath asked if there had been a decision in court on the ownership of the conditional use permit. He commented that if the Council approves moving the use and the Court decides against Mr. Sweeten, it may create problems. Mr. Duval replied that the ownership of the right is not considered by the Council, but if the use is moved from Alpine RV both issues would be resolved. Councilmember Bath commented that he was not comfortable with making a decision without more research into this unsubstantiated claim.

Councilmember Bayless commented that a preliminary injunction is not a final decision by the court, so if the Council approves the moving of the use, the court’s decision can still be reversed and create problems for the City. Mr. Duval agreed that there is a risk to the City if the court changes its mind. He observed that this is a low risk as the court makes the determination that a party will prevail based on the merits of the case. He added that he has not seen many times that a preliminary injunction has been overturned.

Mr. Sweeten commented that he would like to move the use from the Alpine RV location and resolve all the legal entanglements. Councilmember Bath observed that he was not sure of the intent of the city when the conditional use permit for this location was issued. He expressed concern because the City has struggled to limit the number of used vehicle dealerships and this use is asking for an interpretation that power sports are vehicles. Councilmember Bayless also expressed concern that there were issues not resolved to her comfort level. She acknowledged that what is proposed may be "legal" by the letter of the statutes, but that she feels that too much effort has been taken finding a way to make it work.

Mayor Ellertson suggested moving the discussion to another chamber to allow the Planning Commission to commence their meeting. After discussion, COUNCILMEMBER ACERSON MOVED TO CONTINUE THE DISCUSSION ON A REQUEST BY DUSTIN SWEETEN ON BEHALF OF LOW BOOK SALES/COUNTRY CARS TO RELOCATE AND EXPAND A NONCONFORMING USE TO MAY 29, 2004 AT 7:00 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. Review and Action - Pending Ordinance. On the advice of the city attorney, Gordon Duval, the City Council will consider a motion to not accept any applications under the Nonconforming Use ordinance of the Lindon City Code until such time as the Council hears and considers proposed amendments to this ordinance.

The Council discussed the hour and decided to postpone discussion on all further agenda items to the next meeting.

COUNCILMEMBER ACERSON MOVED TO CONTINUE THE REST OF THE AGENDA ITEMS TO MAY 29, 2004 AT 7:00 P.M. ALSO. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COUNCILMEMBER ACERSON MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 7:20 P.M. COUNCILMEMBER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - July 20, 2004