HomeMy WebLinkAbout04/19/1993 Regular
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City of Springfield
Regular Council Meeting
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MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD ~ITY COUNCIL HELD
MONDAY, APRIL 19~ 1993
The City of Springfield Council met in Regular Session in t~e Springfield City
Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, April 19, at
7:40 p.m., with Mayor Morrisette presiding. I
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Present were Mayor Morrisette, Councilor Adams, Walters, Butge, Schanz, Maine
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and Berg (conference call - 8:00 p.m. and present - 8:25 p.~.). Also present
were City Manager Michael Kelly, City Attorney Joe Leahy, City Recorder Eileen
Stein, and members of the staff. I
ATTENDANCE
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Morrisette.
INVOCATION
The Invocation was given by Father John Hondros, Greek Orthodox Mission of
Eugene. I
BUSINESS FROM THE AUDIENCE I
1. Jean De Young, Springfield Chamber of Commerce, Regarding Governor's
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Tourism Conference. I
Ms. DeYoung stated she was present to thank the City Of) Springfield for
their participation in the Governor's Conference of Tourism in Baker City.
She passed out a picture and information sheet listing good news for
tourism and complimented the Development Services Depar~ment for sponsoring
a break at the conference. Ms. DeYoung said the citY'sl participation was
noticed by other communities. She encouraged future at~endance. She added
the conference will be held in 1994 in Eugene at the Va[ley River Inn.
COUNCIL RESPONSE I
Mayor Morrisette suggested Ms. DeYoung look into producing Springfield post
cards as another marketing tool for Springfield.
CONSENT CALENDAR
COUNCILOR SCHANZ REQUESTED THAT ITEM 4, ORDINANCE NO.1, ALLOWING SOCIAL
GAMES WITHIN THE CITY OF SPRINGFIELD, BE REMOVED FROM THE CONSENT CALENDAR.
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IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNC[LOR WALTERS, TO
ADOPT THE CONSENT CALENDAR, EXCEPT FOR ORDINANCE NO. 1,1 ALLOWING SOCIAL
GAMES WITHIN THE CITY OF SPRINGFIELD. THE MOTION PASSED WITH A VOTE OF 5
FOR AND 0 AGAINST. I
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 2
1. Claims
a. Approve the March, 1993 Disbursements for Approval.
2. Minutes
a. March 22, 1993 - Continued Regular Meeting
b. April 5, 1993 - Work Session
c. April 5, 1993 - Regular Meeting
d. April 12, 1993 ~ Work Session
3.
Resolutions
a.
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RESOLUTION NO. 93-16 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN
TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING: THAT THE LANE
COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION DELAY THE EFFECTIVE DATE
TO JANUARY 1, 1995 AND APPROVE AN EXTRATERRITORIAL SEWER EXTENSION.
Other Routine Matters
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Award of Bid for Project 1-793: Street Improvementsion 68th Street,
Main Street to McKenzie Meadows, to Babb Construction Co. (dba Delta
Construction) in the Amount of $80,279. I
Liquor License Endorsements for the Renewal Period bf 1993-94.
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5.
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Liquor License Endorsement for Eason's Market.
d. Approve March, 1993 Monthly Financial Reports
4.
Ordinances
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ORDINANCE NO. 5684 - AN ORDINANCE ALLOWING SOCIAL GAMES WITHIN THE
CITY OF SPRINGFIELD, SUBJECT TO CONDITIONS AND RESTRICTIONS,
ESTABLISHING ARTICLE XVI "SOCIAL GAMES" OF THE SPRH1GFIELD CODE 1965,
REPEALING SECTION 5-13-5 OF THE SPRINGFIELD CODE 1965, AND AMENDING
SECTIONS 8-6-6, 8-6-7 AND 8-6-8 OF THE SPRINGFIELD CODE 1965, AND
DECLARING AN EMERGENCY. I
Councilor Schanz stated he could not support the soqial games
ordinance due to the game of black jack being included. Councilor
Walters stated he is against the ordinance stating ~stablishments must
furnish new decks of cards upon request, as it could be quite an
expense for establishments. City Attorney Joe Leah~ responded the
ordinance has already been amended in response to Councilor Walters
concern. There was a discussion regarding establisHments providing
new decks of cards upon request for a reasonable ex~ense. Mr. Leahy
explained "reasonable cost" would be very difficult Ito establish, and
each establishment will be able to make their own rules regarding the
frequency of deck changes. I
ITEMS REMOVED FROM THE CONSENT CALENDAR
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 3
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IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS TO
ADOPT ORDINANCE NO. 5684, ALLOWING SOCIAL GAMES IN !SPRINGFIELD. THE
MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (SCHANZ).
CORRESPONDENCE AND PETITIONS
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1. Correspondence from Marty Douglass, Eugene Water and Ele,ctric Board,
Requesting Appointment of a City Councilor to the McKenz:ie Watershed
Council. I
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IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCI~OR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED V[TH A VOTE OF 5 FOR
AND 0 AGAINST. I
Councilor Burge suggested waiting until new Council appo~ntments are made
to appoint a member to the McKenzie Watershed Council. ~y consensus, the
Council agreed and there were no additional questions asked.
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2. Correspondence from Nick Staihar, 1110 Virginia Ave, Mos~ow, Idaho,
Opposing a Proposed Site Plan Application for a Private Gun Store and
Range. i
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED VITH A VOTE OF 5 FOR
AND 0 AGAINST. I
3. Correspondence from Douglas Nelson, 400 Broadway Street,joPPosing the
Expansion of the Urban Growth Boundary and Development of the Wildish
Company Property. I
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IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST. i
4. Correspondence from Linda Shaver, 1225 Water Street, Conderning Unsafe
Traffic Conditions at K and Water Streets. I
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCItOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED VITH A VOTE OF 5 FOR
AND 0 AGAINST. I
City Manager Mike Kelly stated staff is currently working on the request
and will be contacting Ms. Shaver. Mayor Morrisette asked Acting Police
Chief Dick Golden if the Police Department works with ne~ghborhoods and
loans out their radar equipment. Chief Golden responded Ithe Police
Department does work with neighborhoods, but has only had one request for
the use of the radar gun as of this time. He told Councill he and staff
from the Transportation Division of Public Works would wdrk with the
neighborhood in resolving their concerns.
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 4
PUBLIC HEARINGS
1.
Request for Vacation of a Portion of a Public Utility Ea1sement: John
Elmenhurst, Applicant. I
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ORDINANCE NO. 2 - AN ORDINANCE VACATING THE SOUTHERLY 2 11/2 FEET OF A 20
FOOT WIDE SEWER TRUNK EASEMENT, AS RECORDED IN REEL 201,1 INSTRUMENT NUMBER
79968, LANE COUNTY OREGON DEED RECORDS; AND THE SAME POR~ION OF A
COTERMINOUS 20-FOOT WIDE PUBLIC UTILITY EASEMENT THAT IS~ CENTERED ON THE
BOUNDARY LINE COMMON TO LOTS 2 AND 3, AND ON THE BOUNDAR~ LINE COMMON TO
LOTS 7 AND 8, MICHELLE EAST SUBDIVISION, AND PLATTED AND: RECORDED IN FILE
73, SLIDE 212, LANE COUNTY OREGON PLAT RECORDS (1st READ[NG).
The staff report was given by Planner II Greg Hyde. Mr.1 Hyde said the
purpose of the vacation request is to allow for the cons~ruction of wider
dwelling units. He stated there are utility easements in the 2 1/2 feet
and the service providers have been contacted and have verified that the
amount request by the vacation is not needed. Mr. Hyde ~tated the
request is consistent with the applicable criteria and staff recommends
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approval. i
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No one appeared to speak.
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Mayor Morrisette opened the public hearing.
Mayor Morrisette closed the public hearing.
BIDS
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
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COUNCILOR BERG WAS CONTACTED BY SPEAKER PHONE TO PARTICIPATE FOR THE
BALANCE OF THE MEETING AT 8:00 P.M. 1
1. Committee Reports.
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a. Councilor Schanz reported the Human Rights Commissi6n met on April
8 and that 12 members were present. He stated the dommission
supported a motion to advocate the PMS March, but nqt any individual
groups that would be participating, by a vote of 7 for and 5 against.
Councilor Schanz told the Council the commission wi]l hold a special
goal setting session on Saturday, April 24 at 10:00Ia.m.
b. Councilor Walters reported on the Eugene/Springfield Convention and
Visitors meeting to hear a presentation on the Lane Icounty Fairgrounds
and the master plan for fairground expansion. He stated he spoke with
John Tamulonis about the possibility of moving a codtroversial horse
arena area to the Sports Center, if the fairgrounds jcould not settle
the issue. Mayor Morrisette agreed that the idea could possibly work
and felt Councilor Walters had made a good suggestio'n.
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 5
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Councilor Walters reported on the LRAPA Board meeting. He stated
Weyerhauser has not met their compliance schedule for the particle
plant and has been put on a new time schedule for dompliance by
December, 1994. He explained there is not a publi~ health hazard at
the current time or a shutdown would occur. He told the Council the
board is looking for a UGB or rural area member. He said if anyone
knows of a person interested to please contact LRAP~.
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Councilor Walters stated he also attended an Inter-governmental Human
Services (IGHS) Budget Commi ttee meeting. He repor:ted there would be
a public hearing on April 20 to adopt the new budge~. He explained
how Springfield would benefit from the IGHS programl this year.
Mayor Morrisette reported on the MWMC meeting he at~ended. He stated
they working on their budget and are looking at increased user fees as
part of the process. I
Mayor Morrisette attended the Housing Policy Board meeting and
reviewed various low income units in the area. I
Mayor Morrisette reported on the Metropolitan Polic~ Committee meeting
and stated they would be meeting again on April 22 to discuss the
periodic review time lines.
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Other Business.
Mayor Morrisette spoke of his concern about the Libtary Director
position salary change. He said he received a call ifrom the past
chairperson of the Library Board who alerted him of Ithe situation, and
told him it had been a Council decision. Mayor Mor~isette stated Mr.
Kelly has the authority as executive officer to redJce salaries, but
that input by individual councilors does not make Cduncil consensus.
Mayor Morrisette was upset he had no discussion or knowledge of the
salary decrease and was concerned individual counci]ors met with Mr.
Kelly wi thout a Council quorum. I
Councilor Burge stated he had not had a specific conversation on the
Library Director's salary with Mr. Kelly. Councilo~ Walters said he
raised the issue and stated he feels when there are Ivacancies of
management positions that the Council should review the job
descriptions and make possible reductions.
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Mayor Morrisette stated he felt City Manager's office staff should
not have told Library staff it was a Council decisioh, when it was
really the City Manager's decision. Councilor Waltets said the
decision is consistent with the Mayor's State of the City Address
regarding salary reductions for top managers.
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 6
b.
Mr. Kelly explained perhaps he misjudged the will of the Council on
this issue. He further explained he received a co~parable salary
study from Human Resources Director Frank HotchkisS and met with
Councilors Walters and Schanz on unrelated topics, Ibut did show them
the study. He said both councilors concurred with Ithe salary
reduction. Mr. Kelly said he also spoke with Councilors Burge and
Berg separately and they too agreed to lower the s~lary somewhat.
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Mr. Kelly explained the advertising process had alleady began and he
wanted to make a fair, yet quick, administrative de,cision that would
be satisfactory to the applicants and the city. H~ felt he had
achieved his goal by lowering the bottom range by 5% and the top range
by 10%. i
Mayor Morrisette acknowledged the decision was Mr. ~elly's to make,
free from Council input, unless requested. Mr. Kelly explained the
Council does have the right to set wage and benefit! packages for the
city. Councilor Burge concurred with Mr. Kelly andi felt the Council
should have the right to review salaries for all city employees.
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Councilor Maine stated a work session on such topic~ would be more
appropriate in the future. Mr. Leahy said Mr. Kelly was observant of
the Oregon Public Meetings Law. I
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The Council discussed how they would like future sa+ary discussions
handled. Mayor Morrisette said he objected to the ~ibrary staff being
given false information. Councilor Adams said he i~ concerned the
City Manager may be getting pressure by some Council members.
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Mayor Morrisette and Councilor Walters debated the issue of lowering
the Library Director's salary. Councilor Walters f~lt $1,200 per week
was out of line to run the Library. Mayor Morrisette disagreed.
Councilor Adams asked about the salaries for the FiJance Director and
Police Chief. Mr. Kelly responded they will be left the same.
Councilor Walters said Mr. Kelly must factor in the Irisk in making
decisions for each department head. Mayor Morrisett:e said the city
should not single out the Library. I I
Councilor Berg said he thought the sign code ordinance would be on the
agenda. He asked the Council to adopt the sign codel ordinance, as
this is his last meeting. I
Mr. Kelly gave the Council process options regardingl the adoption of
the sign code. He explained that Council had givenl staff direction
to seek input from Mr. Dale Rogers of Rogers' Nursery on the issue of
banners for businesses with large acreage. Mr. Kelly stated Mr.
Rogers did not reply quick enough for staff to prepare a revised
ordinance for this meeting, but the sign code ordinahce that received
a first reading on AprilS, could be addressed this ~vening. He did
make it clear that no major amendments could be made~ such as changing
the banner section to allow for large acreage.
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 7
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Mr. Kelly stated the Council could approve the ord~nance with only
minor changes after the first reading, and then re~isit the issue of
banners for businesses with large acreage sometime lin the future, if
the Council so desired. This would meet Councilor !Berg's request to
address the sign code changes, but still give the Council the option
to revise the ordinance at a later date.
Councilor Berg asked the Council to be very specifi,c with any changes
to the sign code. He inquired about the number ofl lineal feet (L/F)
of fence Mr. Rogers intended to use banners on. Bu~lding Official
Dave Puent replied Mr. Rogers intended to use 2,0001 L/F. He also
provided a draft sign code section titled "Seasonall Outside Display
Overlay District", which he said might address Mr. Rogers' concerns.
Mr. Puent told the Council he had not had a chance ito show Mr. Rogers
his draft code section, but that it addresses businesses that front
highways with outside display areas. I
Mr. Puent provided Council background information oh the sign code,
including a work session and the first reading of the ordinance on
AprilS. He reviewed the Rogers' Nursery property ~nd stated Mr.
Rogers currently has two free standing signs, one of which was
obtained by a sign variance. Mr. Puent stated Mr. Rogers could
increase one of his free-standing signs and still b~ within the
current code standards. I
Councilor Walters said Mr. Puent's new draft code s~ction appears to
be a fair compromise. He asked specific questions ! regarding Mr.
Rogers property and the amount of banners he would De allowed. Mr.
Puent replied approximately 175 square feet of bann~rs would be
allowed under the new draft code section. I
Councilor Burge said he is indecisive on the bannerjissue. He felt
too many banners would not look good and commented ~r. Rogers could
increase the size of his sign and still be in compliance. He stated
he would oppose the use of banners. He indicated t~e Gateway Mall did
not get the same concession. I
COUNCILOR BERG CANCELED HIS CONFERENCE CALL AT APPROXIMATELY 8:20 P.M.
Councilor Maine stated after his participation in rJvieWing the sign
code as a Planning Commission member, that he will tiot support the use
of banners. He also said he felt changing the code Ito allow banners
for businesses who have 50% or more of their product facing a state
highway would only benefit Rogers' Nursery. Mr. pue1nt replied this
language would also benefit Gray's Nursery.
COUNCILOR BERG JOINED THE COUNCIL MEETING IN PROGRESS AT 8:25 P.M.
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Councilor Walters said choosing how to market one's business is a
matter of taste and that the marketplace not governmbnt should dictate
how business owners choose to promote/market their bhsinesses.
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IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR SCHANZ
TO ADOPT THE DRAFT SIGN CODE SECTION AS PRESENTED BY MR. PUENT.
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 8
The Council discussed the merits of adding banners .to the sign code
for businesses that front highways, the amount of square footage that
would be allowed, and information regarding qualit~, size and type of
banners. Mr. Puent also reviewed the locations of IMr. Rogers two
existing free-standing signs and the process he went through to obtain
a sign variance from the Planning Commission. I
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Mayor Morrisette asked Mr. Puent if Mr. Rogers is dompliant with the
city regarding comp~etion of site plan requirement~. Mr. Puent
explained where Mr. Rogers was not compliant with the requirements of
his Development Agreement, per his site plan approv~l.
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THE MOTION FAILED WITH A VOTE OF 2 FOR AND 4 AGAINS~ (BERG, MAINE,
ADAMS AND BURGE). I
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Councilor Berg stated he was also concerned about pkge two of the
ordinance with reference to windblown signs. He suggested adding to
exempt signs "all windblown signs except government I flags shall be
prohibited except section 9-7-4 Permits", where businesses are allowed
to use banners, pennants and wind activated signs o~ce a year for
promotional purposes. He said the effect of this would be prohibit
windblown signs in commercial and industrial areas ~xcept for once a
year. I
The Council discussed the difficulty they were havibg without the
benefit of the ordinance to refer to. Councilor Walters stated it is
ridiculous for government to intrude into such small details of a
business owner's operations. I
Mayor Morrisette spoke of the aesthetic livability that Springfield
provides and that the Council must consider this is~ue just as they
earlier addressed this issue in reference to the salary discussion for
the Library Director.
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Councilor Burge asked if he could use pennants on a Saturday to
promote a garage sale he was having or to sell his Home. Mr. Puent
replied banners are not currently allowed in residential areas in the
existing sign code. :
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Councilor Berg felt this was an insignificant changJ to the sign code
ordinance because it had previously been prohibited'l and because so,
it is currently not a widespread practice.
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IT WAS MOVED BY COUNCILOR BERG WITH A SECOND BY COUN,CILOR ADAMS, TO
APPROVE THE AMENDMENT TO PROHIBIT WINDBLOWN SIGNS EXCEPT FOR
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GOVERNMENT FLAGS, WITH THE EXCEPTION OF THE SPECIAL PERMITS PROVIDED
FOR IN SECTION 9-7-4. THE MOTION PASSED WITH A VOTEI OF 4 FOR (BERG,
ADAMS, MAINE, MORRISETTE) AND 3 AGAINST (VALTERS, SCHANZ, BURGE.)
Councilor Berg asked what the effect of this vote wak on the sign
code ordinance. He indicated his motion had intendetl to approve the
sign code ordinance as presented on Aprils. Mr. Lekhy responded that
it did serve to approve the entire ordinance because the amendment was
. minor (Ordinance No. 5685).
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 9
BUSINESS FROM THE CITY MANAGER
1. Periodic Review Time Line
Planning Manager Greg Mott presented the staff repdrt. He reported
the Metropoli tan Policy Committee (MPC) had been dilscussing a proposed
budget for periodic review, which will begin in Jul,y 1993, per notice
from the Department of Land Conservation and Develo:pment.
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He explained the review of the comprehensive plan i~ to prove that the
plan is functioning as proposed and is a requiremen~ per state law.
Mr. Mott stated at the April 22, MPC meeting the three jurisdictions
must decided whether to proceed with the schedule tp review, or to
delay the process by two years, as will be recommenaed by Lane County.
He asked the Council what their preference is with tegards to
proceeding with the review of delaying, so the MPC members can
represent the Council as a whole.
Mr. Mott explained the options are: 1) proceed with the review date
beginning July 1, 2) delay the beginning date of two years, or 3) ask
for an extension of the completion date. He statedl the Lane County
Board of Commissioners will request a two year delay due to their
budget limitations, but that Springfield and Eugenejstaff feel the
need to proceed as scheduled due to grant funds that may be lost if
the process is delayed, and the fact that the process will not be any
less expensive in two years. I
Mr. Mott said staff recommends to proceed as intendJd but that Eugene,
Springfield and Lane County would need to agree to proceed. Mayor
Morrisette and Councilor Burge were in attendance at the last MPC
meeting and gave specific information regarding staggering work on the
review. They both felt it would be the same as postponing the
beginning review date without jeopardizing the work lor possible grant
funding.
Councilor Burge asked if the transportation element could be done
alone. Mr. Mott explained that the city would recei1ve funding from
the Oregon Department of Transportation (ODOT) to c6mplete the
TransPlan update if the project was completed by 19915/96. He stated
the city could obtain the grant from ODOT now, or it would have to be
paid for from the General Fund at a later date.
Development Services Director Susan Daluddung explained the benefits
of completing the TransPlan in conjunction with the tlevelopment and
land use portions of periodic review. She speculatetl whether Lane
County would be able to afford periodic review in twb years. The
Council discussed with staff the advantages of compl~tion of the
TransPlan update versus waiting to see if federal ana state funds
would be available in two years. I
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Councilor Walters asked how this decision fits into the issue of
withdrawing from the Metro Plan. Ms. Daluddung saidlperiodic review
would still be required by the state as a post exception and would
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Springfield City Council
Regular Session Meeting Minutes
April 19, 1993 - Page 10
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need to be completed anyway. Councilor Walters soggested the city
use this review as an opportunity to move forward dh developing its
own comprehensive plan. Councilor Maine asked Ms. IDaluddung what the
dollar amount is to proceed with the review. She ~eplied it would
require one FTE over two years, plus $25,000 for the metro planning
assistance grant which is an annual expense. i
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IT WAS MOVED BY COUNCILOR BERG WITH A SECOND BY COUNCILOR ADAMS TO
PROCEED WITH THE WORK PROGRAM TO COMPLETE THE PERIODIC REVIEW PROCESS.
THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
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Mr. Mott invited the Council to attend the MPC mee~ing on April 22, in
Springfield City Hall in the Library Meeting Room at 11:30 a.m. He
stated Mayor Morrisette and Councilor Maine will be in attendance
representing the Council. I
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2. Other Business.
b.
upcominglBUdget Committee
6:30 p.m~ in the Library
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Councilor Walters stated his desire to have a brief work session
before regular Budget Committee meetings to reach donsensus on
decisions they may have to make. Mayor Morrisettelstated the issues
need to be addressed with the entire Budget Committee, and not just
the Council. Councilor Berg agreed with Mayor Mortisette.
Mr. Kelly reminded the Council of the two
meetings on April 20 and 22, beginning at
Meeting Room.
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c. Councilor Berg said he regrets leaving the Council as it has been a
great pleasure to work with Council members, staff, and serving the
public. Councilor Burge commented that Councilor ~erg has given a lot
to the community and he respects him highly as an individual.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
Minutes Recorder - Shari Higgins
8#~~~
Mayor I
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ATTEST:
City Recorder
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