HomeMy WebLinkAbout071498 CC Minutes__ Temecula City Coundl July 14. 1998
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JULY 14, 1998
CLOSED SESSION
A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved
and seconded to adjourn to Closed Session, pursuant to Government Code Sections:
1. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at 28545 Front Street (APN 922-036-031). The
negotiating parties are an interest in Redevelopment Agency of the City of Temecula and Lynn
Ackley. Under negotiation are the price and terms of payment of the real property interests proposed
to be acquired.
2. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at 42051 Main Street (APN 922-036-020), 28545
Front Street (APN 922-035-001), 28677 Front Street (APN 922-045-017). The negotiating parties
are the City of Temecula/parcels of Redevelopment Agency of the City of Temecula and Lorraine
Clark, Ladd Penfold, and Cadeus Properties. Under negotiation are the price and terms of payment
of the real property interests proposed to be conveyed and/or acquired.
3. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition and leasing of real property located at 28497, 28485, 28559, and 28565
Pujol Street, Temecula. The negotiating parties are the Redevelopment Agency of the City of
Temecula and Affirmed Housing/Temecula Gardens. Under negotiation are the price and terms of
payment of the real property interests proposed to be acquired and conveyed.
4. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at (1) APN Nos. 950-110-022, 024, 025, and 026
and (2) 950-110-032, each located off Pala Road, south of Highway 79 South. The negotiating
parties are the City of Temecula and (1) Pala Rainbow, LLC, and (2) KCY Development. Under
negotiation are the price and terms of payment of the real property interests proposed to be
acquired.
5. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at a portion of the property located at 26531 Ynez
Road (APN 921-720-014). The negotiating parties are the City of Temecula and Advanced
Cardiovascular/Guidant Corporation. Under negotiation are the price and terms of payment of the
real property interests proposed to be acquired.
6. Conference with City Attorney and legal counsel pursuant to Government Code Section
54956.9(b) with respect to two (2) matters of potential litigation. With respect to each matter, the
City Attorney has determined that a point has been reached where there is a significant exposure
to litigation involving the City and/or the Agency based on existing facts and circumstances.
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Temecula Ci~ Council July 14. 1998
ROLL CALL
PRESENT:
Councilmembers:
Comerchero, Ford,
and Roberts.
Lindemans, Stone,
ABSENT: Councilmember: None.
PRELUDE MUSIC
The prelude and intermission music was provided by Brad Beyenhof.
INVOCATION
The invocation was given by Pastor Doug Cole of Church of Christ.
ALLEGIANCE
The audience was led in the Flag salute by Cub Scout Pack 367.
PRESENTATIONS/PROCLAMATIONS
Livable Communities Award from SCAG
Advising that the City has received this award on behalf of the quality of life improvements in Old
Town, Community Development Director Thomhill recognized the various City Departments
associated with these improvements and in ensuring the receipt of this award.
Arrow of Li.~ht Certificates
Mayor Pro Tem Ford presented the Arrow of Light Certificates to the attending Cub Scouts.
Deacon Jones Charity Presentation
By way of a brochure, Mr. Deacon Jones proceeded with an overview of his organization and its
efforts to work with the youth in order to resolve youth problems. Mr Jones relayed his desire to
work with the City of Temecula in resolving youth problems and requested the CityDs support of
his program.
PUBLIC COMMENTS
None.
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Temeoula C~ Council Ju¥ 14. 1998
CITY COUNCIL REPORTS
A. Councilman Comerchero commented on the first Councilman's Night In, advising that the
next one will the second Monday in August which Mayor Roberts will be attending and that
appointments may be made through the City Manager's office.
B. Advising that he had attended the California League of Cities meeting, Councilman Stone
provided information with regard to the State's proposed repeal of the Vehicle License Fee,
noting that no final agreement has been reached.
C. Councilman Stone requested that staff address the appearance of the medians on
Jefferson Avenue traveling from the City of Murrieta toward the City of Temecula.
D. Councilman Lindemans noted that he had attended the Groundbreaking Ceremony for the
Old Town Streetscape Improvements and reiterated the need for adequate and proper promotion
for these merchants during the time of construction.
E. In response to Mayor Roberts' concern, Public Works Director Kicak commented on a
recent signalization problem at the Winchester Corridor, noting that it was the result of a
computer input problem; that Caltrans was contacted; and that the problem should be resolved.
F. Mayor Roberts advised that the California High-Speed Rail Authority will be meeting in
Riverside on July 15, 1998. Because this high-speed rail will be traveling along the Interstate 15
corridor, Mayor Roberts relayed the City's interest in lobbying for the location of this high-speed
rail in an effort to obtain a stop in the Temecula/Murrieta area.
CONSENT CALENDAR
1. Standard Ordinance Adoption Procedure
1.1
Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2. Approval of Minutes
2.1 Approve the minutes of June 11 and June 16, 1998.
Resolution Approving List of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 98-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
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Ternecula Ci~ Council
4, City Treasurer's Report as of May 31, 1998
10.
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July 14. 1998
Receive and file the City Treasureds Report as of May 31, 1998.
City Treasurer's Statement of Investment Policy
5.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff
which provides safety, liquidity, and yield for City funds.
Resolution Establishin.(3 City's Gann Appropriations Limit for Fiscal Year 1998-99
6.1 Adopt a resolution entitled:
RESOLUTION NO. 98-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FY 1998-99
Purchase of Software
7.1 Authorize the purchase
of Microsoft Windows 98 and Microsoft Office Pro 97
software from Compucom, Los Angeles, California, in the amount of $61,749.56.
Records Destruction Approval
8.1 Approve the scheduled destruction of certain City records in accordance with the City
of Temecula approved Records Retention Policy.
Second Amendment to Acireement between City of Temecula and BiclAmedca
9.1 Approve the Amended Scope of Services to include the scanning of building plans
for the Building and Safety Department in its proposal for an additional amount not
to exceed ten thousand sixty nine dollars ($10,069.00);
9.2 Authorize the Mayor to execute the Second Amendment to the Agreement between
the City of Temecula and BidAmerica.
Acceptance of Public Streets into the City-Maintained Street System (within Tract Nos.
27827-1 and 27827-F - north side Nicolas Road from North General Kearny Road westerly)
10.1 Adopt a resolution entitled:
RESOLUTION NO. 98-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY-
MAINTAINED STREET SYSTEM (WITHIN TRACT NOS. 27827-1
AND 27827-F)
4
Temecula City Council July 14. 1998
11.
12.
13.
14.
Accept Public Improvements in Tract No. 27827-F ('northwesterly comer of intersection of
North General Kearny Road at Nicolas Road)
11.1 Accept the public improvements in Tract NO. 27827-F;
11.2 Authorize reduction in Faithful Performance bond amount for street and drainage, and
water and sewer system improvements to the ten percent (10%) warranty level, and
initiation of the one-year warranty period;
11.3 Direct the City Clerk to so advise the Developer and Surety.
Release Faithful Performance Warranty and Labor and MatedHals Securities in Tract No.
27827-3 (northwesterly of intersection of North General Kearny Road at Nicolas Road)
12.1 Authorize release of the Faithful Performance Warranty and Labor and Materials
Securities for public street, water, and sewer improvements in Tract No. 27827-3;
12.2 Direct the City Clerk to so advise the Developer and Surety.
Accept Public Improvements in Tract No. 27827-1 ('northwesterly comer of intersection of
North General Kearny Road at Nicolas Road)
13.1 Accept the public improvements in Tract No. 27827-1;
13.2 Authorize reduction in Faithful Performance bond amount for street, water, and
sewer improvements to the ten percent (10%) warranty level, and initiation of the
one-year warranty period;
13.3 Direct the City Clerk to so advise the Developer and Surety.
Acceptance of Public Streets into the City-Maintained Street System (within Tract No. 24133-
5 - located westerly of Monteleqro Way between McCabe Ddve and Leena Way)
14.1 Adopt a resolution entitled:
RESOLUTION NO. 98-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY-
MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24133-5)
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Temecula City Council July 14. 1998
15. Accept Public Im;3rovements in Tract No. 24133-5 (located westerly of Montele~ro Way
between McCabe Drive and Leena Way)
15.1 Accept the public improvements in Tract No. 24133-5;
15.2 Authorize reduction in the Faithful Performance security amounts to the ten percent
(10%) warranty level, and initiation of the one-year warranty period;
15.3 Direct the City Clerk to so advise the developer and surety.
16. Partial Reduction in Faithful Performance Security Amount in Tract No. 21818 {'westerly of
intersection of Via Norte at Kahwea Road)
16.1 Authorize fifty percent (50%) reduction in Faithful Performance Public Improvement
security for Street and Drainage, and Water System improvements in Tract No.
21818;
16.2 Direct the City Clerk to so advise the Developer and Surety.
17. Release Bond for Traffic Signalization Mitigation Fees in Parcel Map No. 19677 (northwest
of Ynez Road and north of Winchester Road)
17.1 Authorize release of bond for Traffic Signal Mitigation Fees in Parcel Map No. 19677;
17.2 Direct the City Clerk to so notify the developers and the Clerk of the Board of
Supervisors.
18. City of Temecula Tree Policy
18.1 Adopt a resolution entitled:
RESOLUTION NO. 98-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE CITY OF TEMECULA TREE POUCY
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 18. The motion was
seconded by Councilman Linderoans and voice vote reflected unanimous approval.
At 7:34 P.M., a short recess was called. The meeting was reconvened at 7:48 P.M. in order
for the City Council to convene as the Temecula Community Services District, the Temecula
Redevelopment Agency, and the Winchester Hills Financing Authority. At 8:03 P.M. the City
Council resumed with regularly scheduled City Council business.
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Temecula City Council JulY 14. 1996
PUBLIC HEARINGS
19. Plannina Application No. PA95-0130 (Development Aareement Amendment)
19.1
Adopt a resolution entitled:
RESOLUTION NO. 98-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A NEGATIVE DECLARATION AND THE
MITIGATION MONITORING PROGRAM FOR PLANNING
APPLICATION NO. PA95-0130
19.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 98-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN DEVELOPMENT
AGREEMENT ENTITLED SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 90-1, WITH WESTSIDE
BUSINESS CENTRE, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
19.3 Adopt a resolution entitled:
RESOLUTION NO. 98-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PARKLAND IMPROVEMENT AGREEMENT FOR THE
MURRIETA CREEK PILOT PARK
Community Development Director Thornhill presented the staff report (as per agenda material).
In response to Councilman Lindemans, Mr. Thomhill clarified that the entire 11-mile Creek area will
not be developed to the level as proposed for this five-acre area, noting that a majority of the area
will be retained in a fairly natural state with specific anchor areas. With regard to the annual cost
of maintenance for this five-acre park project, Mr. Thomhill advised that this cost was based on City
cost.
Mayor Pro Tem Ford noted that the proposed five-acre park project would simply serve as a display
of what could be accomplished in various areas along the Creek and echoed Mr. Thomhill's
comment that a majority of this 11-mile Creek area will be retained in a natural state to further ensure
low maintenance.
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-- Teme;ula City Coundl Jui[y 14. 1998
Clarifying the requested City Council action this evening with regard to this Item, Councilman
Comerchero relayed his support to allow Mr. Dendy the ability to abandon the two-acre park site and
to develop this five-acre site.
Community Development Director Thomhill commented on the benefits of such a park project such
as the ability to reestablish habitat areas for which the City would obtain credit for habitat restoration.
At this time, Mayor Roberts opened the public healing.
Mr. Bill Dendy, Westside Business Centre, offered to build the pilot park project and to maintain it
for one year (at an estimated cost of $4,000). After the one year, Mr. Dendy stated that park may
be accepted into the City system.
At this time, Mayor Roberts closed the public hearing.
At this time, City Attorney Thorson read Ordinance No. 98-11 into the record.
MOTION: Councilman Comerchero moved to concur with the staff recommendation. The motion
was seconded by Councilman Stone and voice vote reflected unanimous approval.
20. Consideration of First Amendment to Development A¢~reement and AQreement for Reduction
of Development Imp)act Fees for Paseo ('Paloma) Del Sol Proiect
20.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 98-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE FIRST AMENDMENT TO
AMENDMENT AND RESTATEMENT OF DEVELOPMENT
AGREEMENT, PASEO DEL SOL BETWEEN THE CITY OF
TEMECULA AND CAL-PASEO DEL SOL, U.C, SPECIFIC PLAN 219
(PLANNING APPLICATION NO. PA95..0116)
20.2 Adopt a resolution entitled:
RESOLUTION NO. 98-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PUBLIC FACILITIES DEVELOPMENT IMPACT FEE
REDUCTION AGREEMENT BETWEEN THE CITY OF TEMECULA
AND CAL-PASEO DEL SOL, LLC
City Attorney Thorson presented the staff report (as per agenda material), clarifying that the
proposed amendments strictly pertain to developer's ability to construct, own, and maintain certain
park land, greenbelts, slopes, recreational facilities, and paseos.
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__ Temecula City Council July 14. 1996
At this time, Mayor Roberts opened the public hearing. There being no public input, Mayor
Roberts closed the public healing.
For Mayor Pro Tem Ford, Public Works Director Kicak provided additional clarification with regard
to the percentage of reimbursement for the public facilities.
City Attomey Thorson read Ordinance No. 98-12 into the record.
MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval.
COUNCIL BUSINESS
21. Murrieta Creek Pilot Proiect. Diaz Road at Winchester Road - Plan Check and Mao Fees
21.1 Approve waiver of Plan Check and Inspection Fees for development of the Murrieta
Creek Pilot Park Project.
Public Works Director Kicak reviewed the staff report (of record).
Because of her inability to attend the City Council meeting, City Clerk Jones read into the record a
letter from Ms. Jeannie Gillen requesting the approval to waive the Plan Check and Inspection fees.
MOTION: Councilman Lindemans moved to approve the staff recommendation. The motion was
seconded by Mayor Pro Tem Ford. (Additional discussion ensued after which a voice vote
reflected denial of this motion; see below.)
In response to Mayor Roberts, City Attomey noted that the City Council would not be setting a
precedent by the approval of this request because the City Council takes action on each project
based on its own merits.
Relaying his opposition to waiving these fees, Councilman Stone stated that he would not favor such
action until the park is accepted as part of the City Park Plan. Reiterating that once the park is
accepted by the City, he would favor a reimbursement of the paid fees.
Concurring with Councilman Stone, Councilman Comerchero viewed the approval of such action as
precedent setting and favored the reimbursement of the fees once the park is accepted into the City
park system.
Councilman Stone requested that staff further explore that true cost to the City for maintaining this
five-acre park.
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__ Temecula C~ Council July 14. 1998
At this
22.
time, voice vote on the previously made motion reflected denial as foliowe:
AYES:
Ford and Linderoans.
NOES:
Comerchero, Stone, and Roberts.
ABSENT: None.
Consideration of adoption of two Resolutions of Necessity for the Acquisition in Eminent
Domain of Prooertv for Bridge Improvement and related Road Realignment and Improvement
Purooses in connection with the Pala Road Bdd~3e Improvement and Road Realignment
Proiect ('Federal Project Nos. BRLS - 5459(003), BRRS - W950)
22.1
Consider Resolution No. 98-67 and Resolution No. 98-68, Resolutions of Necessity
of the City of Temecula Declaring Certain Real Property Necessary of Public
Purposes and Authorizing the Acquisition thereof in connection with the Pala Road
Bridge Improvement and Road Realignment Project;
22.2
Open and conduct a hearing as to each proposed Resolution of Necessity, receive
from staff the evidence stated and referred to in this report as to each proposed
resolution, take testimony from any person wishing to be heard on issues A, B, C, D,
below as they relate to each proposed acquisition, and consider all of the evidence
to determine whether to adopt each proposed Resolution;
22.3
If the City Council finds, based on the evidence contained and referred to in this
report, the testimony received at the hearings, that the evidence warrants the
necessary findings with respect to each proposed Resolution of Necessity, then the
staff recommends that the City Council, in the exercise of its discretion, adopt
proposed Resolution No. 98-67 and proposed Resolution No. 98-68 (each of which
requires a separate, 4/5ths or unanimous vote of the entire Council for adoption) and
authorize the commencement of eminent domain proceedings for acquisition of the
subject property interests;
RESOLUTION NO. 98-67
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE PALA ROAD
BRIDGE AND ROAD REALIGNMENT IMPROVEMENT PROJECT
(FEDERAL PROJECT NOS. BRLS.-5459(003) AND BRRS-W950)
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__ Temecula Cily Council Jul[y 14. 1998
RESOLUTION NO. 98-68
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE PALA ROAD
BRIDGE AND ROAD REALIGNMENT IMPROVEMENT PROJECT
(FEDERAL PROJECT NOS. BRLS-5459(003) AND BRRS-W950)
22.4
As to each resolution, if approved, approve warrants, each warrant being payable
to the Clerk of the Court, Riverside County in the amount of
$295,000.00 for deposit in court to obtain an order for possession of the Pala
Rainbow, LLC property interests, and in the amount of $11,200.00 for deposit in court
to obtain an order for possession of the KCY Development property interests;
22.5 Authorize the City Manager to execute all necessary documents.
City Attorney Thorson presented the staff report (of record), advising that the City will continue to
negotiate with the landowners and clarifying that this is the appropriate time to make formal
preparations to acquire the property in order to conduct improvements on the property.
MOTION: Councilman Stone moved to approve staff recommendation. The motion was seconded
by Councilman Lindemans and voice vote reflected unanimous approval.
City Manager Bradley reiterated that negotiations are continuing with the property owners. Although
Mr. Lowry, Pauba Rainbow, LLC, does not object to the taking of the property, Mr. Bradley relayed
the following issues to the City Council:
that Mr. Lowry is not desirous of continuing to own land under a road which the City
is building;
that Mr. Lowry is desirous of buying some of the old right of way for the old road to
enhance the remaining parcel;
that Mr. Lowry would like to swap 1.69 acres needed to be taken for habitat mitigation
measures for some of the property he owns in order to make his developable
property more valuable;
that the City will continue its efforts with Caltrans to provide adequate access to the
property;
that the City will continue to work with the County regarding AD 159 Flood Control
issues for water which is coming across State Highway 79 which is impacting the
property own by Paula Rainbow, LLC.
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__ Temecula City Council July 14. 1998
23.
Consideration of adoption of a Resolution of Necessity for the Acquisition in Eminent
Domain of Pro~3erb/for Street Improvement. Road and HiQhwav Purooses in connection
with the Overland Drive OvercrossinQ Improvement Proiect
23.1
Consider adoption of proposed Resolution No. 98-69, a Resolution of Necessity of
the City of Temecula Declaring Certain Real Property Necessary for Public Purposes
and Authorizing the Acquisition thereof in connection with the Overland Drive
Overcrossing Project;
23.2
Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this report, take
testimony from any person wishing to be heard on issues A, B, C and D below, and
consider all of the evidence to determine whether to adopt the proposed Resolution,
which requires a unanimous or 4/5ths vote;
23.3
If the City Council finds, based upon the evidence contained in and referred to in this
report, the testimony and comments received in this hearing, that the evidence
warrants the necessary findings with respect to the proposed Resolution of
Necessity, then the staff recommends that the City Council, in the exercise of its
discretion, adopt proposed Resolution No. 98-69 (which requires a 4/5ths vote of the
entire Council) and the following authorize that an eminent domain proceeding be
filed to acquire the subject property interests:
RESOLUTION NO. 98-69
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION VVITH THE OVERLAND
DRIVE OVERCROSSING IMPROVEMENT PROJECT
City Attorney Thorson presented the staff report (as per agenda material) and added the following
recommendations:
23.4
Approve issuance of a warrant payable to the Clerk of the Court, Riverside County,
in the amount of $1,124,300.00 for the deposit in court to obtain an order for
possession of the Advanced Cardiovascular Guidant property;
23.5 Authorize the City Manager to execute all necessary documents.
City Attorney Thorson presented the staff report (of record).
MOTION: Councilman Stone moved to approve the staff recommendation including the added
recommendations as per City Attomey Thorson. The motion was seconded by Councilman
Lindemans and voice vote reflected unanimous approval.
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__ Temecul~ Ci~ Coundl Jury 14. lgg8
Noting that there is no objection to the taking of the property, City Manager Bradley advised that
negotiations are continuing with Guidant with regard to the acquisition of the right-of-way as well as
the resolution of the purchase price.
24. Traffic Si~3nal Update
24.1 Oral Report presented by Public Works Director Kicak.
Public Works Director Kicak noted that the signal on Pauba Road at Fire Station No. 84 will be
operational as of Thursday, July 16, 1998.
CITY MANAGER'S REPORT
No comments.
CITY ATTORNEY'S REPORT
With regard to Closed Session Item Nos. I - 5 (real property matters), City Attorney Thorson advised
that City Council gave staff direction as to the negotiation.
With regard to Closed Session Item No. 6 (potential litigation), City Attomey Thorson advised that
City Council provided direction to him and that an update was provided at the time.
ADJOURNMENT
At 8:56 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, July 28, 1998,
at 7:00 P.M.
Ron Roberts, Mayor
ATTEST:
[SEAL]
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