City Council Minutes

Thursday, October 5,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 5, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Gail Bunker
Council Member Suzanne Allen
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Larry Gardner

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Orton, and the invocation was offered by Reverend Wilkie.

PRESENTATION:
Rene Burkley, representing Healthy Dixie, presented Mayor McArthur with the Healthy Community Legacy Award. She introduced Steve Vance and Steve Bingham, also representing Healthy Dixie.

PRESENTATION:
Mona Given, representing the Huntsman Senior Games, presented the Mayor and Council with gifts as a token of appreciation for the City?s support of the Senior Games. She explained that tonight is the kick-off dinner for key committee members. There are over 9500 athletes registered for the Games, with 320 softball teams which is the largest senior softball event in the world. She invited the Mayor and Council to attend the opening ceremony at Hansen Stadium on Tuesday, October 10 at 7:00 p.m.

TABLE ITEMS/ADDENDUM:
City Manager Gary Esplin advised that there was an Addendum to the agenda, and that Item 2D, to consider award of bid for the Main Street bridge at the Confluence Trailhead, Item 6H, to consider approval of a request for reasonable accommodation for a group home at 600 East 194 South, and Item 6I, to consider approval of a request for reasonable accommodation for a group home at 99 West 300 South, were tabled from the agenda.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in the audience to introduce themselves.

INTRODUCTION OF CANINE OFFICER:
Police Chief Marlon Stratton introduced the Department?s newest member, Buster, and his handler, Officer Sam Despain. Purchase of the dog was paid for through grants.

Jerry Campbell, representing the Association of Communities and Condominiums, thanked the Mayor and City Council for being proactive in creating a policy which will require well-designed and efficient irrigation systems to be installed in PUDs by certified landscapers.

AWARD OF BID:
Consider award of bid for 4800' of 6" DI CL-350 pipe.

Purchasing Manager Connie Hood advised that there was only one responsive bid from Scholzen Products in the amount of $41,520. She recommended approval.

MOTION: A motion was made by Council Member Orton to award the bid to Scholzen Products in the amount of $41,520.

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SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for various pad mount Phase I transformers.

Purchasing Manager Connie Hood advised that the low bidder was Codale in the amount of $33,451. She recommended approval.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Codale, in the amount of $33,451.
SECOND: The motion was seconded by Council Member Orton
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for 750 MCM EPR 15 KV underground primary wire.

Purchasing Manager Connie Hood advised that the low bidder was Northern Power in the amount of $167,440 for 29,900 feet of wire.

MOTION: A motion was made by Council Member Bunker to award the bid to the low bidder, Northern Power, in the amount of $167,440.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Main Street bridge at the Confluence Trailhead.

This item was tabled.

AWARD OF BID:
Consider approval of natural gas hedging options.

Purchasing Manager Connie Hood advised that approval is needed for natural gas hedging options through 2010.

Energy Services Director Phil Solomon explained that the City Council previously approved a contract to manage gas with IGI, and this contract will end in October. They have been helpful in helping the City acquire gas and stay out of the market. He requested approval to pre-purchase or take an option to buy gas at a fixed price for next summer. There is $3.9 million in the budget for natural gas purchases. He requested that staff be given the ability to make purchases up to $2 million as long as they stay within budget, with council ratification after the purchase is made.

Council Member Orton inquired if the City were protected from a down market.

Mr. Solomon replied that the City would not be protected from a down market if the prices are fixed.

Council Member Whatcott commented that hedging gas options is safe and keeps the City within budget because it knows what its margins are. He stated he was comfortable with staff?s ability to finalize transactions up to $2 million. He commented that it was important to realize that the City is a not-for-profit-based business and must keep rates as low as possible through prudent business decisions.

MOTION: A motion was made by Council Member Whatcott to approve the natural gas hedging options, with staff given approval to make purchases up to $2 million per transaction.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
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SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the Holiday Stroll on Main Street. RAD, applicant.

An unidentified woman advised that last year the City approved RAD?s five year plan for the Holiday Stroll and this year it is being added to. Village Bank is the main sponsor. This year they would like to close the south half of Tabernacle on Blue Bunny?s block for display of vintage cars, but this would not affect the roundabout nor the parking garage. She requested that the event be covered by the City?s insurance.

City Manager Gary Esplin commented that if the City were a sponsor, the event could be covered by the City?s insurance.

The unidentified woman replied that the City was one of the sponsors, as well as The Spectrum, Cherry Creek Radio, and the Senior Sampler.

Angie Adams advised that Jody May would like to locate a Christmas tree lot across the street from Kinko?s on the vacant lot where the old gas station used to be. Power and water is needed. Monies raised from sale of the trees will be donated to the Children?s Justice Center.

Council Member Whatcott commented that this property is owned by the City and in his mind Mr. May should be making application to use the lot, with the City determining whether rent is appropriate or not.

The unidentified woman advised that a Santa House would also be located on the lot, and while it was the City who requested that a Christmas tree lot be provided, logistically it does not matter where it is located.

City Attorney Shawn Guzman advised that the City would require liability insurance from Mr. May and an agreement that can be brought back to the City Council for approval.

The unidentified woman requested that the Mayor participate in the lighting ceremony. She also requested that the City provide the lighting, sound, and stage for the Holiday Stroll.

Council Member Whatcott commented that the City is taking on a huge sponsorship by providing the lighting, sound equipment, insurance, police protection, shutting off the road, as well as the manpower of City staff. He asked for staff?s recommendation.

Support Services Manager Marc Mortensen asked the City Council to keep in mind that full and part-time City employees are double booked this time of year by working special events every other night at the Opera House and Social Hall. He suggested that RAD pay for their own audio equipment and lighting to save wear and tear on the equipment which the City must use for its own events. The City is also getting many requests for use of its equipment.

Mayor McArthur commented that if the City is a sponsor, he did not mind them using the City equipment.

Council Member Bunker stated what while the event was marvelous and she supported it, she was concerned about use of City manpower, security and equipment.

Mayor McArthur explained that police officers will attend the event in the normal course of business, but cannot provide all the security for the event.

Council Member Whatcott inquired if this event was going to become the City?s annual holiday festival, or if it would continue as a RAD event as this would make a difference.



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City Manager Gary Esplin replied that the City has spent a lot of time, money and effort on the Blvd. and Main Street and it hoped this event would bring a lot of people back downtown. He suggested that the City try it this year and see how it worked.

Mayor McArthur commented that this event has been chosen as the event that kicks off the Christmas season.

Marc Mortensen advised that staff is very taxed during this time of year with all the events during November, December, and First Night.

Council Member Orton commented that for the next few years the City should put an emphasis on the downtown to bring people to it to help make sure the businesses there remain viable.

Police Chief Marlon Stratton advised that typically a couple of officers attend events such as this.

Council Member Whatcott inquired if in the future the City foresees the event continuing past Tabernacle Street to 100 South.

Mayor McArthur advised he sees the event continuing into the new Town Square.

Council Member Whatcott commented that to him it made more sense for this event to be a City event and he gave kudos to RAD for helping put on the event.

Council Member Bunker inquired if it would be more defensible to say that the equipment is being used for a City event, therefore it cannot be used by others unless it is a City event.

City Manager Gary Esplin advised that if everything goes well, the grand opening for the Town Square will be held next October, and next year the event can be expanded to the Town Square. He recommended approval and commented that staff would figure out the insurance under the City?s umbrella policy.

MOTION: A motion was made by Council Member Bunker to approve the special event permit with the City providing insurance, security, sound and lighting to a ceiling of $500-$600, including use of City technicians.
SECOND: The motion was seconded by Council Member Whatcott, specifying that the Christmas tree sales lot needs to be rented from the City with the rental fee going back into the celebration for maintenance and purchase of new equipment.

City Attorney Shawn Guzman clarified that the Christmas tree vendor, and any other vendors located there, will need their own business license and certificate of insurance, and the City will take care of the overall liability for the event.

City Manager Gary Esplin clarified that the City would not be providing any additional security other than what is provided at any public event.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming the month of October as Domestic Violence Awareness Month.

Greg Labell and Linda Whitlock, representing the Dove Center, informed the Mayor and Council of the events during the month. Between 2000-2006 there has been a 630% increase in clients served and Utah is 23% higher than the national average for murders due to domestic violence. The annual candlelight vigil will be held Tuesday, October 17


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from 6:30 p.m. to 8:00 p.m. at the Opera House. Ms. Whitlock thanked the Police Department for their professionalism and protection.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for a one building commercial condominium project at 162 North 400 East. Dan Gifford,
applicant.

Mayor McArthur opened the public hearing.

City Attorney Shawn Guzman explained that this plat should have been approved before the building was built, but it was not, and a public hearing is required.

Development Services Manager Jay Sandberg explained that the condominium plat had already been approved.

There being no further public comment, Mayor McArthur closed the public hearing.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Kachina Cliffs Phase 3 with 26 single family homes located on the east side of Snow Canyon Parkway in the southeast portion of the Entrada development. Brett Henke, agent.

AND

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Kachina Springs East Phase 3 with 85 units located on the east side of Snow Canyon Parkway in the southeast portion of the Entrada development. Brett Henke, agent.

Development Services Manager Jay Sandberg recommended that this plat and the Kachina Cliffs East Phase 3 plat be considered together as they have the same recommendations from the Planning Commission. The subdivisions are located in the southerly east part of the Entrada project and will finish up the east side of the Snow Canyon Parkway part of Entrada. A traffic impact study was required because of the number of lots. The Planning Commission recommended approval subject to staff?s recommendations for a right deceleration lane on Snow Canyon parkway, the street cuts will need to be graded 10' behind the street rights-of-way, and signage at the roundabout as required by FHWA and City roundabout guidelines

Mayor McArthur opened the public hearing for both preliminary plats.

Brent Keith stated that Entrada is concerned about the orange color of the fence distinguishing the ?no build? area and requested the option to choose the color of fencing.

MOTION: A motion was made by Council Member Whatcott to approve both plats, with orange fencing to distinguish the ?no build? areas.
SECOND: The motion was seconded by Council Member Orton.

City Manager Gary Esplin explained that orange fencing is used intentionally so that it does not blend into the hillside.



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MOTION CLARIFIED: Council Member Whatcott clarified that his motion for approval included all recommendations of the Planning Commission.

Council Member Bunker stated a four foot separation for the trail was also required.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Southgate Townhomes with 65 units located at 2025 South Circle, north of Atria Assisted Living Center and east of Mirage Estates and adjacaent to the I-15 right-of-way. Rob Reid, agent.

Development Services Manager Jay Sandberg explained that the project area is visible from I-15, and quite a bit of time was spent looking at the location of the driveways for the best sight distance. The streets meet minimum standards for passenger cars and stopping distance for large trucks. Another issue is the height of the buildings.

Community Development Director Bob Nicholson explained that most of the homes are single units, but nine of the 65 units are three levels, with half of a level below grade. He displayed a rendering. The project backs up to I-15. The applicants propose a privacy retaining wall along I-15 and plan to plant trees and landscaping along the I-15 corridor. Nearby residents have expressed concern that the project will affect their views. He explained that the R-3 zoning has been in place for 20-25 years.

Council Member Whatcott commented that the height of the units seemed to be subjective as the applicants could add more fill to raise the elevation by 10' and then build 2.5 stories on top of that rather than establishing a fixed height.

Community Development Director Bob Nicholson commented that the terrain consists of dips and valleys.

Council Member Bunker commented that during the Planning Commission meeting there was discussion about the appearance of the project from I-15 and she thought the recommendation included a requirement for a certain number of trees and their spacing.

Mr. Nicholson replied that street trees are required every 40', as well as a stuccoed wall not more than 8' high along the I-15.

An unidentified man commented that it was costly to bring in fill and the elevation is pretty well set with the site for drainage.

City Manager Gary Esplin commented that the height of the buildings should be measured off the road so everyone will know the units will not be elevated higher than planned.

An unidentified man replied that the height would be hard to set as there was a steep grade.

City Manager Gary Esplin replied that there had to be some way to tie down the height of the buildings with a fixed point from which to measure. Perhaps each building could be surveyed so there is no question about the height of the buildings.

An unidentified man commented that the highest building pad is at 2,590 elevation, and they will not be higher than that.

City Attorney Shawn Guzman commented that using the road as a fixed point is a good suggestion and using 2,590 as the highest point could allow for quite a bit of areas to be filled in.

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Council Member Whatcott suggested that no fill be allowed and the applicants will have to deal with the drainage. He stated that a computer-generated model should have been presented to show the variations, and that the presentation was just not good enough.

Development Services Manager Jay Sandberg suggested that a maximum height of 25 feet perpendicular to the road be set.

Mayor McArthur opened the public hearing.

Minnie Benson commented that she represented 62 families who are opposed to the project for four reasons: (1) density, (2) access, (3) driving visibility, and (4) no place for the children to play. She stated she was concerned that the project would affect the quality of life presently enjoyed in the area and property values.

Mayor McArthur advised that the subject property has been zoned R-3 for 25 years, and whether right or wrong, the applicant has a right to use the property as zoned.

City Manager Gary Esplin advised that the property is zoned for apartments, and the applicant could build apartments on the site.

Dawn Sandberg commented her concern was the zoning and inquired if a traffic impact study had been done before putting extra traffic on 2025 South Circle.

Karen Brown inquired about the fencing between the project and Cliff View and drainage and expressed concern about all the extra traffic that would be put onto the small, curvy street.

City Attorney Shawn Guzman replied that a 6' fence would be required between the project and Cliff View.

Charlotte McGary advised that she lived above the project and was concerned about its long term impact with regard to traffic, noise and air pollution. She stated that due to its proximity to the I-15 and resultant noise, residents would not want to live in the units for long and they would turn into rentals. She stated that the zoning should have been updated according to current impacts and there were a great number of issues that should be looked at before any decision is made.

Colleen Caputo inquired if the power lines were going to be moved or left to run through the middle of the property.

City Manager Gary Esplin replied that the City had no plans to move the power lines, but if they were moved, it would have to be done by the applicant. The power lines have to meet national electrical code standards for clearance.

Ms. Caputo commented that the project will have as many homes on three acres as her subdivision has on 17 acres.

Community Development Director Bob Nicholson replied that the project consists of two parcels totaling seven acres.

Vic Brower commented that his home is located on the hill and when he moved into it ten years ago he was guaranteed an unobstructed view by the contractor. He stated that homes have since been built which block his view. Dynamiting has also caused damage to his home. He stated that 2025 South is the only ingress and egress to the project and has a bad curve. He stated he understood a church was going to be located on the subject property, and this would be an asset to the neighborhood. He stated that the zoning should have been updated as things have changed within the last 30 years. He expressed concern that he found out about this public hearing by accident, and did not receive a notice. He stated there were a lot of people in the area who are unaware

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of what is happening and may want input. He stated there was no doubt in his mind that the project would block the views and congest the area. He suggested the project be scaled down to 20 single story units.

Mayor McArthur replied that the City does not have to send out notices, but does so as a courtesy to property owners within 300 feet of the zone change, as well as advertise in the newspaper. He stated that the owners of the property in question have private property rights, and the City is in the process of looking at its zoning to see if there are areas that need updating.

Kathy Gunn commented that her home faces 2025 South Circle and there is a lot of traffic on this road. She stated she hoped there would be more police patrol in the area due to speeding. She stated that if the zoning had not been looked at in 25 years, she was in favor of it now being looked at in terms of what the community has become.

An unidentified gentleman commented that he has to cross Balboa Way while dodging traffic. He inquired how this project would affect the interchange at Hilton/Dixie Downs/Tonaquint.

Steven Cowley commented that traffic is a problem in the area, as well as the noise level from the freeway, the proposed density, and another 65 units will cause problems at the intersection at Balboa.

Mike Heath commented that he walks 2025 South every day and it is a dangerous road. He stated the new project will not help the value of the homes in the area.

Dean Walton commented that another 130 cars will be added to the existing traffic problems in the area. He suggested that things be held up for a while to let the infrastructure catch up to the developments which are already in place.

There being no further public comment, Mayor McArthur closed the public hearing. He advised that the Planning Commission recommended approval.

Council Member Whatcott commented that while this project may not meet the criteria for a traffic study on its own, the City can say that something should be done with regard to traffic. He stated he was not ready to vote as not near enough information had been presented.

City Attorney Shawn Guzman advised that the City Council can request a traffic study and any improvements required because of that traffic study, and require the developer to pay for them. If the problem is with system improvements already in place, the City would have to pay to remedy those.

Council Member Allen commented that the City Council has asked repeatedly for 3D renderings, and it is only fair for those who live in the area to be able to see exactly what the project will look like. She expressed concern about additional traffic on 2025 South Circle.

MOTION: A motion was made by Council Member Allen to table the matter.

Council Member Bunker commented that noise from the freeway will be a problem for those who live in this project and she believed the project would gradually decline in value.

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Orton commented that the property is zoned for the proposed project and the applicant can have more density than what he is asking for.



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Community Development Director Bob Nicholson commented that the zone allows 13 dwelling units per acre, and the applicant is asking for 9.3 units per acre.

City Manager Gary Esplin commented that the applicant could put in apartments. At the time the master plan was done, this area was zoned R-3 because it is located next to the freeway and the thinking was that no one would want to build single family homes there. He stated he did not feel that enough information had been presented to make a decision and he suggested a field trip be made to the site.

Council Member Orton commented that something will be built on the property as the applicant has a right to develop it as high density.

City Attorney Shawn Guzman explained that California is a late vesting state meaning that their courts have given their local officials a lot longer process to make a zone change. In Utah the property owner is entitled to build what the property is zoned for. Unless the applicant wants to do a lower density project, the City Council cannot change the zoning of the property at this stage in the process.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Orton was excused from the meeting.

Mayor McArthur called for a five minute break. At the conclusion of the break, the meeting continued.

Mayor McArthur advised that since there were only three Council Members present, a unanimous vote would be required for any motion to pass. Applicants will be given the option to pull their item from this agenda and have it scheduled on the next agenda before discussion of their item.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for The Ledges Phase 10 with 31 single family lots located west of U-18 and south of Phase 6.

Development Services Manager Jay Sandberg explained that the lots will have walk-out basements and some are golf course lots. The plan shows 160-180 feet of separation from the centerline of the fairway and the minimum required is 150 feet. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Allen to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Meadow Valley Phase 8 with four single family lots located between 2350 East and Little Valley Road. Quality Development, applicant.

Development Services Manager Jay Sandberg explained that Franklin Place is located to the north. Four lots are located along the irrigation canal and were held out of previous phases because an agreement was being worked out between the City, irrigation district, and property owners. This agreement has now been worked out and approved by the City Council, and the applicant is now ready to move forward with the four lots. There is an equestrian trail easement between two subdivisions in the vicinity, and there is a proposed 25' wide corridor which is the bare bones minimum for access

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and maintenance. A sewer line runs through this corridor, as well as the piped canal, and the trail. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat with a 25' wide dedicated trail.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map to include a revised Master Plan for The Lakes residential development with up to 2,922 dwelling units on 730 acres located west of Sunbrook and west of the Cottages at Green Valley.

Community Development Director Bob Nicholson explained that this project has been around for some time, previously known as The Plantations. It was originally approved in 1994. The PD zoning expired and was reinstated. The overall density of the proposed project does not change and remains at four units per acre. The reason the applicant?s are coming back is that the concept has changed dramatically. There will not be a golf course, and instead there will be four lakes. The property consists of several major washes. The applicant proposes 2,900 dwelling units as follows: 638 units in low density, 1700 in medium density, 579 units in high density, and a 28 acre commercial piece for neighborhood commercial. There are 220 acres in open space, parks or lakes. One third of the development is open space. Traffic is a major issue and will be addressed at the zoning stage or with the plats. A long list of traffic improvements will be required as part of the project. A number of traffic signals will be required. Canyon View Drive will move south and intersect with Dixie Drive considerably farther south than at present. There will be a series of additional lights and left turn lanes. There are existing bike trails in the area and one of the most popular places to ride is by the City water tank on the applicant?s property. The applicant plans to maintain that trail. In the past residents of The Cottages have expressed concern about the location of Plantations Drive. The applicant has prepared exhibits that show the separation from their property lines and Plantations Drive. There is extensive separation or open space area. The narrowest point is 16' at the corner of Canyon View Drive and Plantations Drive.

Mayor McArthur inquired if a fire station site was included in the plan.

Mr. Nicholson replied that a fire station site has been included in the plan, and the applicant is also bringing irrigation water rights to the project, as well as possibly using reuse water.

Council Member Bunker advised that she received a letter from Mr. Mower expressing concern about the increased density.

Mr. Nicholson replied that density has gone up from the Plantations project. This project proposed four units per acre, and the Plantations project was three units per acre. Tonight is not an entitlement hearing as this is a zoning decision. Tonight?s hearing is for a general plan amendment, which acts as a guide for future zoning requests. If the City Council is uncomfortable with the density, it should give this direction tonight as the applicant will be following up this request with a zoning request.

Rick Rosenberg advised that he has been working on this project since 1992. It started with a 27 hole golf course, then went to an 18 hole golf course, and has now been downsized to public parks and trails in response to the City survey. This site is blessed with a multitude of unique geologic features, hence the recreation out there now. He then showed slides of the property. Natural rock formations will be preserved and the

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applicant is working with the Parks Department on the trails and parks. All recreation facilities are intended to be public. A large public park which is show on the parks master plan will be built, as well as a linear park which runs through the valley and provides a connection from the north to south areas. Some trails will be improved with asphalt. The project provides for the construction of Plantations Drive which is the only major arterial west of Dixie Drive and is a major road on the City?s transportation plan, and will be built before the first subdivision goes in. The applicant has been working closely with the Power Department to provide two new substations and has done his best to hide the power corridor. The Power Department would like to execute a document as soon as possible to start relocation and planning of the 138 substation and loop line which is a regional power line. An extensive traffic impact study was done which identified all improvements and participation percentages based on density and traffic generated by the project. A site has been identified for a fire station. The project has three primary densities on top of the slopes and has taken a lot of the high density to the center of the project adjacent to The Cottages and parks. Concerns have been expressed by residents of The Cottages with regard to higher density and the proximity of the roadway to some of the units. By moving the power line the road has been shifted to the west. The applicants plan to landscape the areas between The Cottages and the roadway. An underground crossing and another trailhead is proposed and the bottom trail areas will be preserved. There will be no development in the flood plain or washes. The developer has created CC&Rs to control the exterior look of the buildings and landscaping for the entire project, and even though some of the property has been sold to different developers, the entire site will function under a common CC&R document to maintain control of the look and feel of the project. In order to preserve the sensitive lands and fund constriction, there is a need for increased density and the project has been set up to do some TND with a town center and park. The opportunity to do this is with this amendment and the zoning process. The first phase will consist of R-1-10 development to take advantage of lot averaging in order to pull some more affordable lots into the R-1-10 development.

Council Member Bunker inquired if the applicants were also planning some affordable housing.

Mr. Rosenberg replied that the commitment to affordable housing is there, but the property owners are not doing the actual project and there is not a detailed design to address this. The general plan amendment will allow this to happen, and affordable housing can be made contingent with the zoning. He stated that the last he heard there were 3,500 to 4,000 lots on the market and only 133 were sold last month. There is a dramatic need for affordable housing to meet the growing number of the workforce, but this cannot happen in the R-1-10 zone. The affording housing problem cannot be solved with four units per acre, but R-1-10 is needed to absorb the land cost and spread it out among more units.

Council Member Whatcott commented that at some point in time a commitment must be made to provide attainable housing.

Mr. Rosenberg replied that the applicant is focusing on the quality of the project design with less attention being paid to the numbers. The affordable housing problem cannot be met by four units per acre.

Council Member Whatcott commented that it was obvious a tremendous amount of time was spent on this project but he wondered when the City was going to step forward and require an attainable housing component, and if the City was missing the boat on this project by approving the general plan amendment.

City Manager Gary Esplin replied that the current property owners are not the ones doing the actual development of the project. The property owners will put in the infrastructure and then sell off the parcels. From staff?s point of view, the project is great and meets the current master plan with four units per acre. The concern is what


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assurances the City will have if the project moves forward that it will be built according to the master plan.

Mr. Rosenberg replied that Plantations Drive is fixed and will be built. The sewer will be extended. Parks will be built as required. If a developer comes in and buys part of the property, he will have to function under the CC&Rs which can be tied to the project zoning through a development agreement. As far as workforce housing, he did not know if he could say that mandatory inclusionary zoning was the best thing for the City.

City Manager Gary Esplin inquired what good increased density was if it did not make affordable housing part of the program, and if the applicant gets increase density, what will the City be receiving for that increased density. There has to be trade-off to get some attainable housing. He stated that he was not offended by the increased density of the project if the prices allowed young families and a cross section of the community to live in an area where high prices would otherwise drive them out.

Mr. Rosenberg commented that the applicant would be starting with an R-1-10 zoning project because this zoning is already in place and no zone change is required. Lot averaging has been used and there will be some smaller lots in with larger lots. Additionally the developer can proceed now and will put millions into the roads, and there has to be some return for this. He stated that some areas will have up to nine units per acre for townhomes and smaller lots which is what the market wants. There is no requirement for attainable housing, but the opportunity is there.

Council Member Whatcott commented that just because the units or lots may be small does not mean they will be affordable.

Mr. Rosenberg replied that it was his hope the market would adjust and he could not recommend inclusionary zoning.

Council Member Allen commented that the only way to get true attainable housing is to allow another couple of lots per development, as there has to be some return for the developer to help pay for it.

Mr. Rosenberg replied that there would have to be some density incentive or density bonus in order to mandate inclusionary zoning. The process would also have to be streamlined as time is money.

City Manager Gary Esplin inquired how the City could deny a project if it met the master plan density for the area. He stated that the City should not give away the farm for higher density without looking at attainable housing.

City Attorney Shawn Guzman advised that the best way to do this is through an ordinance and through an extensive development agreement.

Mayor McArthur opened the public hearing.

Sally Harrison, a resident of The Cottages North, commented that her home is located on the corner of Plantations Drive and Canyon View Drive and she was hoping for a 25' greenbelt area between her wall and the road. She also asked for elimination of the big four story buildings as they were not conducive to the neighborhood. She stated she was not opposed to the project but did not want apartments.

Marlon Shields advised that ten homeowners from The Cottages North would be impacted. He asked for a separation of the units from the road with greenbelt in order to reduce traffic noise while still having access to the beautiful property. He stated he did not want high density buildings.

John Costland expressed concern with the noise from Plantations Drive and wanted to make certain there was no access off Plantations Drive in order to take a shortcut onto

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Canyon View Drive. He stated he was in favor of Plantations Drive being built first. He stated he was told no environmental impact study had been done for the project, even though he knew there were protected tortoises in the area.

City Manager Gary Esplin advised that a few years ago 65,000 acres on the red hill was designated as tortoise habitat. That is the preservation area, and any tortoises found outside this area can be transported to this area and released.

Ed Baca inquired if the public could be assured that the fire station would be built in timely manner before prices rise, an example being the Sun River fire station.

Bob Willie, a resident of Cottages South, commented that there was enough high density in the area and the last thing they needed was more. He expressed concern with the number of new cars that would be brought into the area and stated there was not enough access, even with the development of Plantations Drive. He commented there needed to be more thought given to the handling of traffic.

Peg Durham commented that her home backs up to the project property. She inquired if everyone could add five or ten feet to their backyards at a reasonable price. She also inquired if they could have higher walls so that those people walking on the trail behind their homes could not see into their backyards.

Kurt Lister, Board Member of The Cottages South HOA, commented he was against the proposal as it did not benefit the citizens or the City. He stated the area could not support any more high density residential. He also expressed concern about noise pollution, visual pollution, increased density, declining property values, lack of privacy, and an increase in crime.

Rick Rosenberg commented that no height increase is proposed for the buildings across from The Cottages North and they could be the same height as a single family home, up to 35'. The applicant has not requested approval for any four story buildings. There will be nearly 40' of landscaping from the backyards to the right-of-way, and the trail is planned to be closer to the street. There might be a little excess property available, but he could not promise anything. There is no direct access to Plantations Drive from The Cottages South as it loops within itself, and there is no planned connection. There is a gravel pit on site and a construction access so no heavy trucks will have to operate across residential streets. The traffic impact study has addressed the huge impact in traffic at build-out, and off site transportation improvement costs are significant.

Community Development Director Bob Nicholson advised that the Planning Commission recommended approval subject to the following comments from staff:

1. No zone change will be considered or approved until traffic issues are resolved.
2. Drainage issues must be resolved with the Development Services Department prior to proceeding with a zone change.
3. A detailed sensitive land use analysis should be prepared. Areas that are to remain as open space should be identified first and then potential developable areas. This should be part of the zone change application.
4. There should be compatible densities with adjacent developments.
5. The previous plan (The Plantations) phase one was limited to a certain number of units until adequate access is available to the various phases.
6. Source of water for the lakes will be re-use water and/or irrigation water. The source of water for the lakes is subject to negotiation with the Water Department.
7. A detailed trail plan should be submitted for review and approval as part of any zone change application. The trails should be designed and improved by the developer as part of each phase of the development.
8. Plantations Drive alignment along ?The Cottages? development should be at least 10 feet offset or more from the privacy walls of The Cottages North development.


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9. The Hillside Review Board agreed with the concept but required that a hillside development permit would be needed for each applicable area with the exception of the man-made gravel site at the southeast corner of the project boundary.

He advised that one area proposed to be adjacent to The Cottages is high density and not compatible, and the Planning Commission recommended that this area be considered as medium density instead of high density.

Rick Rosenberg advised that the applicant was willing to facilitate that concern from The Cottages.

A gentleman in the audience inquired how access to the trail could be obtained.

Mr. Rosenberg replied that there is a significant trail system crossing behind The Cottages North. There is a four way intersection planned for this area with a pedestrian crossing that will provide immediate access to the park and trailhead.

There being no further public comment, Mayor McArthur closed the public hearing.

Council Member Allen inquired if the high density housing could be scattered throughout the development.

Mr. Rosenberg replied that this was possible and commented he could see several of the areas coming back as medium density for a TND or PD.

City Manager Gary Esplin commented that the City Council is not giving license to anything more than to allow the applicant to come in for a zone change. At that time they must have elevations, etc., and whatever ordinance is in place at the time of that zone change request is what will apply. There could be a requirement for 20% inclusionary housing and they would have to meet that in order to get the zone change.

MOTION: A motion was made by Council Member Bunker to approve the general plan amendment by ordinance subject to the recommendations of the Planning Commission, and with the stipulation that the property adjacent to The Cottages North and South be medium density rather than high density and shown as such on the master plan.

City Manager Gary Esplin suggested that language be included in the motion recognizing that the master plan is amended at this time, but the number of units cannot be guaranteed as this is part of a zone change which will come later.

City Attorney Shawn Guzman clarified for the record that anyone who subsequently develops in this area is on notice that the concept for the project could change, but any change would have to be reasonable.

AMENDED MOTION: Council Member Bunker agreed to add these two recommendations to the motion.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Mayor McArthur called for a five minute break, during which time he was excused from the meeting. Upon conclusion of the break, the meeting resumed.



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APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Bunker to appoint Council Member Whatcott as Mayor Pro Tem for the remainder of the meeting.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

SOLID FENCE REQUIREMENT:
Consider a request for determination of a solid fence requirement. Jim McArthur, applicant.

Jim McArthur explained that on December 15, 2005, he appeared before the City Council for approval to put in a RV storage area on his property located next to the Fiesta Fun Center. At that time he was asked to put in a solid block fence. The ordinance requires only a solid site-obscuring fence. He then displayed panels for a tongue-in-groove PVC fence and requested permission to install this type of fence instead of a solid block wall.

City Manager Gary Esplin commented that he had no problem with the request, but inquired about removal of graffiti.

Mr. McArthur replied that the slats could be easily replaced if the graffiti did not clean off.

Council Member Whatcott commented that his only concern was that vinyl fences have tendency to lean and fade as they age.

Mr. McArthur replied that he would see that this did not happen, and in five years the fence would probably not be there in any event.

MOTION: A motion was made by Council Member Bunker to approve use of the vinyl fencing.
SECOND: The motion was seconded by Council Member Allen.

Council Member Whatcott commented that while the requirements of the ordinance were being met, his concern was longevity of the fencing and what it would look like in five to ten years from now.

Mr. McArthur replied that he would be happy to have someone put a level on it and tell him to straighten it. He commented that he wanted the fence to look sharp too, and would happy to have this requirement as part of the motion. If complaints are made about the fence, he will correct the problems.

City Attorney Shawn Guzman commented that the fence could be required to be maintained in good condition without holes or cracks or graffiti and kept straight.

City Manager Gary Esplin suggested that a review of the fence could also be required in five years to see how it is holding up.

AMENDED MOTION: Council Member Bunker amended her motion to include the requirement that the fence be maintained in good condition without holes, cracks or graffiti and kept straight, and with a review in five years to see how it is holding up.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held September 26, 2006, recommended that public hearings be scheduled for October 19, 2006 at 5:00 p.m. to consider:

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1. Approval to allow high density residential in certain commercial zones as a conditional use permit.

2. Approval to allow cheerleading, dance and tumbling in the M-2 zone as a conditional use permit.

The Planning Commission recommended that public hearings be scheduled for November 2, 2006 at 5:00 p.m. to consider:

3. Amendment to the General Plan for the addition of an airport vicinity land use plan for the proposed replacement airport.

4. Approval of proposed amendments to the St. George City Code regarding the establishment of airport vicinity zones and land uses for such zones.

5. A request to amend the previously approved PD for The Ledges.

6. A zone change from A-1 to RE-12.5 on .50 acre located on 2800 South Street.

MOTION: A motion was made by Council Member Allen to schedule the public hearings as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

APPROVAL OF FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the final plats for Oasis at Middleton and Escalera Phase 3. He explained that the Oasis at Middleton project consists of three lots. A driveway will have to be shared to the flag lots.

Council Member Bunker expressed concern with people parking in the driveway and blocking access.

City Attorney Shawn Guzman advised that the City can mandate no parking in the driveway for emergency vehicle access.

City Manager Gary Esplin explained that the ordinance requires a 20' clear zone for emergency vehicle access and the City can enforce this requirement. A stipulation can be put in the motion that the Building Department or Fire Department will have to sign off on the project to make sure that access is protected for fire protection.

LeeAnn Walters, applicant, explained that this has been addressed with the Fire Department. The lots are over one-third acre and there is plenty of room for the homes and parking.

MOTION: A motion was made by Council Member Bunker to approve the final plats with the stipulation that the Oasis at Middleton plat be signed off by the Fire Department for access and the final configuration of the homes.
SECOND: Mayor Pro Tem Whatcott seconded the motion.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a commercial building with a height up to 40' located at approximately 500 East Riverside Drive. Ence Homes, applicant.

Assistant Planner Ray Snyder advised that the bulk of the building is beneath the 35' height limit, but a decorative portion of the building is 40' and prompts the need for the

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conditional use permit. The Planning Commission recommended approval with the following conditions:

1. The building shall not exceed a maximum peak height of approximately 40' for a portion of the building, with the majority of the building height being only 30'.
2. The applicant shall meet the conditions of the traffic report approved by the City Traffic Engineer.
3. The material and colors shall be as presented. The elevator shaft exterior shall be slate, there shall be decorative cultured stone and stucco exteriors, the use of corrugated metal shall be subdued, roof top trim shall be painted metal, and all building colors shall be passive.

MOTION: A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Mayor Pro Tem Whatcott.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an electrical transmission system master plan to provide power throughout the City. Dixie REA and City of St. George, applicants.

Assistant Planner Ray Snyder explained that a master plan is needed to meet the projected future electrical needs of the community. One of the areas of concern is the visibility along the I-15 corridor. The plan includes a 125 mile area. Four options were presented, and the Planning Commission recommended approval as follows:

1. Recommend approval of Option 1.
2. Transmission lines typically will not exceed 70' in height above the ground.
3. Utility corridors shall not exceed 50' in width and shall have access for service equipment.
4. Facilities (transmission lines and substations) shall be located approximately as shown on the Master Plan and any significant deviations will require review by the Planning Commission and City Council.
5. The City Council shall determine the time limitation for the master plan.
6. Poles are to be painted a color to be determined by the City Council.

Energy Services Director Phil Solomon advised that he would bring paint samples for the City Council to look at, but the Cor-tan steel poles will last longer and look better than painted poles.

Howard Dalton of Dixie REA urged approval of the master plan.

Council Member Bunker commented that the Planning Commission looked at alternate routes, but there were none.

MOTION: A motion was made by Council Member Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Mayor Pro Tem Whatcott.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission recommended approval of a hillside development permit for a three story office building at 382 South Bluff Street subject to the recommendations of the Hillside Review Board. The Hillside Board visited the site, and the project meets the


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requirements of the hillside ordinance. The Hillside Board recommended approval subject to the following conditions:

1. There shall be no disturbance of the hillside above the limits of the building itself.
2. A portion of the building?s rear wall shall be constructed to a minimum of 12" thick and be a minimum of 5' above grade to provide a rock fall barrier.
3. The extended wall design shall be started in the design plans.
4. Drainage shall be designed to convey drainage and seepage water from behind the concrete wall.
5. A temporary orange construction limit fencing shall be installed during all construction activities and shall then be removed upon certificate of occupancy.

MOTION: A motion was made by Council Member Allen to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission.
SECOND: The motion was seconded by Mayor Pro Tem Whatcott.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission recommended approval of a hillside development permit for excavation work around the proposed Milepost 2 (Atkinville Interchange) on the east side of the proposed interchange subject to the recommendations of the Hillside Review Board. The Hillside Review Board recommends approval subject to the following conditions:

1. Permission is granted to remove hills 1 and 2 as presented (hills are located within the hillside overlay zone).
2. Permission is granted to remove hills 3 and 4 as presented (hills are located outside of the hillside overlay zone).
3. In addition to the removal of hills 1 and 2, any cuts over 10' shall require a grading plan and additional review by the Hillside Review Board.
4. Temporary orange construction limit fencing shall be installed during all construction activities.

MOTION: A motion was made by Mayor Pro Tem Whatcott to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained the proposed trade of City property located behind Target with the Ence family for property in the Dixie Downs area to accommodate a park. Based on the history, the Hillside Review Board and Planning Commission agreed the request would be considered under the previous hillside ordinance similarly to the property to the north. The provisions of the old ordinance allow disturbance of slopes of 25-40%. The wall will be placed in a uniform location and meets the provisions of the prior ordinance. For stability, the applicant, Kevin Ence, is proposing use of natural boulders for the wall, with the bottom of the wall being made of stacked concrete blocks which the applicant would color black. The Hillside Review Board recommended approval subject to the following conditions:

1. The applicant shall comply with all provisions of the previous hillside ordinance that were in effect when this project was commenced.
2. The wall may start from the point of the previously approved stacked rock wall. The wall shall be stacked concrete blocks on the bottom tiers with a layer of natural rock on the top tier.

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3. The concrete block and natural rock shall be stained to match the natural volcanic rock.
4. Small ravines on the west side of the property may be removed as incidental and not a part of the hillside.

The Planning Commission recommended approval subject to the recommendations of the Hillside Review Board.

MOTION: A motion was made by Council Member Allen to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution approving the Washington County Water Conservancy District?s amended capital facilities plan.

City Manager Gary Esplin explained that a change is being made to the capital facilities plan to determine impact fees by meter size vs. the way they were figured before. There are no other changes to the plan.

MOTION: A motion was made by Mayor Pro Tem Whatcott to approve the resolution.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of an agreement to sell property to the State of Utah adjacent to West Elementary School.

City Manager Gary Esplin explained that the City purchased a home in this vicinity and now requests authorization to sell the home to the State to recoup its costs.

MOTION: A motion was made by Council Member Bunker to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
MOTION: A motion was made by Council Member Bunker to adjourn to a Neighborhood Redevelopment Agency meeting.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Mayor Pro Tem Whatcott.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held September 7, 2006.



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MOTION: A motion to approve the minutes as presented was made by Mayor Pro Tem Whatcott.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held September 21, 2006.

MOTION: A motion to approve the minutes as presented was made by Mayor Pro Tem Whatcott.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried

ADJOURN TO EXECUTIVE SESSION IN ADMINISTRATIVE CONFERENCE ROOM:
MOTION: A motion was made by Council Member Bunker to adjourn to an executive session to discuss personnel, potential litigation, and one property purchase.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Allen.
SECOND: The motion was seconded by Mayor Pro Tem Whatcott.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

DISCUSSION RE POLICE OFFICER SALARIES:
City Manager Gary Esplin suggested that for retention purposes, the Officer 1, 2 and 3 program should be looked at and the period between steps shortened. This will give officers an incentive to remain with the City. This will cost the City between $25,000 to $50,000 a year. Another problem exists with retention of dispatchers. The stress level is high and the pay is not very good and the positions can?t be filled. He suggested that dispatchers be hired at 85% of their range rather than at 80%.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Allen.
SECOND: The motion was seconded by Mayor Pro Tem Whatcott.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.




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Gay Cragun, City Recorder