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Welcome to Kaysville City » Government » City Council » City Council Minutes » 20 March 2012

20 March 2012


KAYSVILLE CITY COUNCIL
MARCH 20, 2012


Minutes of a regular meeting of the Kaysville City Council held March 20, 2012 at 7:00 p.m. in the City Council Chambers of the Kaysville City Municipal Center.

Council Members present: Mayor Steve Hiatt, Gil Miller, Mark Johnson, Ron Stephens, Jared Taylor and Brett Garlick                  

Others present: City Manager John Thacker, Recorder Linda Ross, Engineer Andy Thompson, Scott Messel, Bill Sanders, Sharon Hadley, Alfred Cordon, Hazel Parrish, Richard Lenz, Brad Lucas, Kalee Lucas, David Black, Rebecca Barrus, Joby Barrus, Tom Wood, Stacie Barney, Laura Lastra, Christine Brown, Phil Richards, Andrea Richards, Bret Summers, Ken Gibbons, Melissa Lemon, Emery Lemon, Jenifer Rainsdell, Cindy Eggertz, Greg Hess, Kim Hess, Jerry Taylor, Steven Brough, April Hale, Garrett Seely, Michael Arveseth, Jill Arveseth, Phil Rosbach, Eric Sanderson, Scott Nielson, Spencer Nielson, Gavin Black, Carole Walker, Diana Handrahan, Susan Seelos, Andrew Seelos, John Seelos, Cheryl Sheffield, Rob Templeton, Jared Seeley, Tyler Scoffield, Hollie Scoffield, Bob Rees, Jonathan Rees, Farrell Benson, Karla Benson, Carrie Dotson, Rob Thompson, Ethan Thompson, Trevar Daw, Janelle Daw, Melanie Daw, Ed Green, Kody Bone, Scott Bone, Heidi Despain, Suzanne Lazenby, Sally Taylor and Elizabeth Wood.

RE-CREATION OF THE KAYSVILLE TABERNACLE DEDICATION

Bill Sanders, Director and Curator of the Layton Heritage Museum, explained that two significant anniversaries need to be recognized in Kaysville.  The first is the 100th year anniversary of the laying of the cornerstone at the Kaysville LDS Tabernacle.  This cornerstone (with a time capsule) is located on the southeast corner of the Tabernacle and was laid on July 24, 1912.  The second event is the 100th year anniversary of the dedication of the Kaysville Tabernacle, which took place on May 24, 1914.  He explained that a committee, consisting of members of the Snow Horse Sons of the Utah Pioneers and the Daughters of the Utah Pioneers, thought that July 24, 2012 would be a perfect time to have a commemorative anniversary of the laying of the cornerstone.  He has the original 1912 Weekly Reflex newspaper, which printed the program held that day.  Members of the committee will re-create the program as accurately as they can.  He explained that the talks that were given that day, as well as the music that was played, will be presented.  They will also have a power point presentation of a speech that Henry H. Blood, who at that time was President of the Davis Stake and later Governor of the State of Utah, gave.  He has discussed this event with the LDS Church History Department and they are working on getting this building on the National Historic Register.  Two years from now they would like to conduct a similar celebration honoring the dedication of the Tabernacle.  He explained that the committee would like to put a marker on this property.  One side would have a plaque commemorating the establishment of the Kays Ward Meeting House, which was dedicated in1863 and used from 1863 until 1911.  In 1911, when they were contemplating building the Tabernacle, they put a front on the Meeting House and added a stage.  It became known as the Kaysville Opera House from 1911-1951.  In 1951, a recreation hall was built onto the Tabernacle and the Opera House was torn down.  On the other side of the marker would be a plaque commemorating the 100th anniversary of the dedication of the Tabernacle. He explained that funds for this marker are being raised by the Sons of the Utah Pioneers and the Daughters of the Utah Pioneers and donations are being accepted.  He then asked the City Council for cooperation with closing off 200 West on July 24th for this event.  They may also need help from the Police Department regarding parking.  He also requested that the City help them get information about this event out to the public.

Mayor Hiatt stated that the City  would be glad to post information about this event in the City newsletter and on the City website.

CALL TO THE PUBLIC

Brad Lucas stated that he lives in west Kaysville.  He is concerned about the proposal to change the  stop sign control at the intersection of Morning Mist Lane and Whispering Meadow Lane.  He believes that reversing the signs could create a more dangerous situation.  He has lived in this area for nine years and is only aware of one accident at that intersection and believes that was caused by someone running the stop sign.  He is concerned that people will not realize that the signs have been reversed.  He asked the City to evaluate this carefully and keep safety in mind.  He then read from the Highway Safety Act of 1966 concerning placement of uniform traffic control devices.  He believes that the decision to install stop signs should be based on an engineering study.  He is concerned that if the City does not follow State and Federal law, the City would open itself up to liability in case of an accident at this intersection.

Ken Gibbons stated that reversing the stop signs on Morning Mist Lane was discussed by the City Council a few years ago.  There was some opposition expressed at that time, however, it was understood by the neighborhood that it was going to be done and then it wasn’t.  He explained that the homeowners association conducted a survey which came back positive for that change.  He will not be affected much by this change but he has seen cars zoom through the neighborhood.  People use this road because it is a convenient cut through to get to west Kaysville.  He hopes that the City Council will look at this at a deeper level and not write it off based on some opinions presented this evening. 

Greg Hess stated that he lives on Morning Mist Lane, just one house from the intersection being discussed this evening.   Many times he has seen vehicles zoom up that road in speeds above what is safe. He believes it is just a matter of time before a child is injured or killed.  He explained that there is a lot of foot traffic because of the church just west of that intersection.  Common sense tells him that if there is a stop sign placed there, speeds will decrease or people will find another route.  He explained that Brad Lucas lives in a cul-de-sac and not on the major road.  People living on the major roads have a concern with the traffic. 


Richard Lenz stated that reversing the stop signs in his neighborhood is a difficult issue to deal with because everyone is right in their assessment.  However, he believes cars need to slow down.  He suggested that there be step alternatives, such as putting speed signs on both directions and installing “children at play” signs.  He does not believe it falls within the measure of the law to change the stop signs now. 

Joby Barrus stated that he lives across the street from the property being proposed for a rezone this evening.  He opposes this rezone.  He then presented a petition with 99 signatures of people in this neighborhood who also oppose the rezone.  He explained that the concern is density, negative impact on property values, and increased traffic and population.  He explained that single detached homes are desired in this area.  He recommends that this property be rezoned to R-1-8.  He stated that five years ago people in this area opposed the Stonne Lane development.  People signed a petition and came to the City Council and requested that it be rezoned to R-1-8.  That was done and Stonne Lane is a successful development.  He asked the Council to disperse multi-family housing throughout the entire City.  He believes that the R-1-8 zone would be a better fit and in accordance with what citizens in this area want.

Tom Wood stated that he is the Regional Vice President with Riverstone Residential, which is the largest multi-family management company in the United States.  He is also the past President of the Utah Apartment Association.  He is opposed to the proposed rezone.  He has done research on this matter and believes that 79.75% of all Kaysville’s multi-family and high density housing is within one mile of this area.  He believes this is in direct discord with the City’s General Plan.  80% concentrated within a one mile radius is not very well dispersed.  He believes that changing the zone in this area is in violation of the General Plan and recommended that the General Plan be followed.

Tyler Scoffield stated that he lives on Mutton Hollow Road.  He is the owner of one of the pieces of property up for rezone this evening.  The majority of people around him are in multi-family houses and nearly all of the multi-family housing was built before anyone here this evening built their homes there. The property is zoned commercial at this time.  Rezoning the property to R-1-8  would not be of value to him.  The only other option he would have is to seek a commercial use.  He does not believe this project would hurt property values.  He has been trying to sell this property for about eight years and it has been hard to get the family members who own pieces of this property to agree to sell.  One piece of property without the other is worthless.  He believes that this rezone is the only way to make the property feasible.  The ground is worthless without that rezone.  He requests that the Council rezone this property to R-2.

Kody Bone stated that he also owns a piece of the property that is up for rezone.  It has taken them about eight years to get to this point.  He has exhausted resources, money, time, and incurred huge liability costs for the vacant home sitting on that property.  They feel this is the best offer on the table and hope the Council grants this rezone request.

 
Rob Templeton stated that he doesn’t live in the Mutton Hollow area or have any vested interest in the rezone.  He is a school teacher at the local elementary school in that area.  He believes that a few more students added to the school would cause a negative impact.  He has 34 students in his class now.   There are houses being built at this time on Fairfield Road.  He doesn’t know how their children will attend the school because there is no room for them.  It is concerning to know 27 or 28 new units are currently being built, which means another 50-60 kids.  He asked the Council to take into consideration the negative impact this rezone would have to the neighborhood and school. 

David Black stated that he has concerns about the proposed rezone.  He believes this will make property values go down.  He stated that only two of the three property owners have agreed to sell.  This will leave an island of weeds and a piece of property that will be un-sellable.  He is also concerned about increased traffic in this area.  He believes that 15-20 years from now all the units in that project will be rentals.  He believes this will be bad for the area.

Cindy Eggertz stated that she lives in the Mutton Hollow area and her home is for sale now.  One of the first things potential buyers ask is about the multi-family units behind her.  To say that multi-family units do not affect property values is inaccurate.  People are concerned about what type of people are living in the area.  She supports giving people the opportunity to live in a beautiful place without too much high density. 

REQUEST TO MODIFY STOP SIGNS AT THE INTERSECTION OF MORNING MIST LANE AND WHISPERING MEADOW LANE

Mayor Hiatt explained that residents in the Mountain Vista Subdivision have expressed concern with cars using Morning Mist Lane and Mountain Vistas Road as a shortcut from Angel Street to 200 North.

Andy Thompson explained that a possible solution to the cut through traffic would be to reverse the direction of the stop signs at the intersection of Morning Mist Lane and Whispering Meadow Lane so that traffic would have to stop.  City staff can see no negative impacts to reversing the stop signs, however, when Whispering Meadow Lane is extended, it may become a very long neighborhood street which could create a problem.  When development extends Whispering Meadow Lane, an additional study could be performed.  He stated that placing stop signs to stop cut through traffic is common, however, any time traffic control is modified, there is a transition period.  To help with that, the City would provide flashers, oversize signs or other notice.

Mike Arveseth stated that he represents the neighborhood homeowners association board.  This is a topic that has come up several times in board meetings.  In 2010, they did a survey of the neighborhood.  There are 179 homes in this subdivision and 83 responded to the survey.  65 were in favor of installation of four-way stop signs at this intersection and 18 were opposed.   In various meetings since that time, residents stated that they would be happy with reversing the stop signs.  The concern is vehicles taking a short cut through the neighborhood. 


Andy Thompson explained that this intersection does not meet the warrants for a four-way stop sign.  If there is not enough traffic to warrant a four-way stop sign, people tend to disregard the signs because there is so little cross traffic.  The safest thing to do is meet the warrants before installing four-way stop signs. 

Council Member Taylor wanted to know the cost of a stop sign.

Andy Thompson stated that they cost about $300. 

Mayor Hiatt wanted to know if four-way stop signs would meet the warrants due to additional pedestrian traffic in that area because of the open space and playground equipment there.

Andy Thompson stated that he would be surprised if this would help meet the warrants.  He recommends that the signs be reversed. 

Council Member Taylor made a motion to reverse the stop signs at the intersection of Morning Mist Lane and Whispering Meadow Lane, second by Council Member Stephens.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

COMPLETION OF IMPROVEMENTS IN CARTER SUBDIVISION

Andy Thompson explained that this subdivision is located at 1095 West Webb Lane.  In 2007, the subdivision was approved and recorded as a three lot private street subdivision with Lot 1 containing an existing home.  The existing home was sold and improvements along Webb Lane were installed, however, the private road has not been constructed.  The area where the private road is to be constructed was left in a condition that is difficult to maintain and has been frequently covered with weeds.  The owner of the two back lots  has been reluctant to install the road in advance of selling the lots due to the potential deterioration of unused asphalt.  The City is holding surety for the project and could use that money to complete the private road.

Stacie Barney stated that she lives at 1085 Webb Lane, which is the front lot in this subdivision.  She presented pictures of the piles of dirt that were left on her property.  She explained that her family works all summer trying to keep the weeds cut down.  They cannot install a fence for their children because if the property owner came in later and  installed the improvements, they would tear out the fence.  She would like something done about this problem this year. 

Council Member Miller made a motion to use the surety to complete the private road, second by Council Member Garlick.

Mayor Hiatt wanted to know if this would leave any money for the warranty.

John Thacker asked that the Council give City staff some flexibility to solve this problem.  The City can use part of the guarantee and build the private drive through Mrs. Barney’s property and retain the remainder of the money for the warranty. 

Council Member Miller modified his motion to require only that the road be installed through Mrs. Barney’s property, second by Council Member Garlick.

John Thacker explained that sewer and water are usually placed under the asphalt.   Those improvements could be placed under the asphalt through Mrs. Barney’s property or could be installed later by the developer.  If the improvements were installed by the developer he would have to tear out and replace the asphalt and renew the surety before anyone could build on the lots. 

Andy Thompson stated that he has discussed this concern with the property owner and asked him to solve this problem.  

Council Member Miller withdrew his motion and made a substitute motion to allow staff to take an amount from the guarantee to fix the problem if the developer does not fix it after 30 days notice, second by Council Member Garlick.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously. 


BAER CREEK RESIDENTIAL SUBDIVISION PRELIMINARY AND FINAL PLAT

Andy Thompson explained that this subdivision is located at 770 South Main Street.  Several months ago, Keith Russell submitted an application to rezone .66 acre of vacant property at this location from R-1-8 to HC in order to accommodate an assisted living facility.  The application was reviewed and approved.  Keith Russell has now submitted application for preliminary and final plat approval.  The plat combines the existing two lots into one larger lot that can accommodate the assisted living facility.  The Planning Commission recommends approval. 

Council Member Garlick  made a motion granting preliminary and final plat approval for Baer Creek Residential Subdivision, second by Council Member Johnson.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

SUNSET EQUESTRIAN ESTATES CLUSTER SUBDIVISION PLAT 11B FINAL PLAT

Andy Thompson explained that this subdivision is located at 1600 South Thoroughbred Drive.  Plat 11B consists of 20 lots that range in size from approximately 13,000 square feet to 30,203 square feet.  The Planning Commission recommends approval.

Jared Seeley explained that Woodside Homes has emerged from bankruptcy and repurchased the south part of Sunset Equestrian Estates.  They will be finishing that part.

Mayor Hiatt stated that there were surety issues on some of the phases.  He wanted to know if those issues have been resolved.

Andy Thompson stated that they have been.

Council Member Miller made a motion granting final plat approval for Sunset Equestrian Estates Cluster Subdivision Plat 11B, second by Council Member Stephens.

The vote on the motion was as follows: 

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

REZONE OF 2.7 ACRES OF PROPERTY AT 522 WEST MUTTON HOLLOW ROAD FROM GC TO R-2 AND PRUD - PLANNED RESIDENTIAL UNIT DEVELOPMENT OVERLAY ZONE AND CRIMSON COURT SUBDIVISION PRELIMINARY PLAT

Andy Thompson explained that Ed Green is requesting to rezone 2.7 acres of property at 522 West Mutton Hollow Road from GC to R-2 and PRUD.  The plan consists of 28 townhome style single family dwellings on a private lane cul-de-sac.  The R-2 zone provides the density needed to generate 28 single family dwellings as proposed.  The common open space, building exteriors, and road and sidewalks will be maintained by a homeowners association.  The Planning Commission recommends approval of the rezone from GC to R-2 subject to a development agreement.  They also recommend approval of the preliminary plat and PRUD Overlay Zone.  They recommend that a site plan, landscape plan, building elevation drawings and floor plan become exhibits in the development agreement.  Mr. Green has made modifications to the elevations of the dwellings, adding more architectural elements such as windows on the north elevation that face Mutton Hollow Road, altered the roof line, and is planning on using more fiber board and rock masonry per the Planning Commission’s request.  The plat and landscape plan have been changed to show continuous sidewalk.  A key has also been added to the landscape plan which describes the proposed plantings and symbology per the Planning Commission’s request.  He explained that this is not multi-family housing.  Each unit could be individually owned. 

Council Member Johnson wanted to know if these will be rental units.

Andy Thompson stated that these will be individually platted lots similar to what is being built on the Far West Motel property.  The City cannot control who rents out their home.  All the yard, road and exterior is maintained by a homeowners association.  Even if a unit is rented, the homeowners association would not allow the outside to deteriorate. 

Ed Green, the developer of this property, stated that he heard several comments about this proposal this evening, one about density and another about schools.  He has a daughter who is a school teacher and he knows that schools are overcrowded.  However, right now 100 single family homes are being built on Fairfield Road.  Mutton Hollow Road is a large road and can handle the traffic.  He has been sensitive to the neighbors and has done everything he can to dress up this project as much as possible.  He explained that the typical buyer for these types of homes is single parents with one child or young couples that don’t have children.   These will be individually owned and there will be a homeowners association.  The maintenance of the exterior will be paid for with homeowner association fees.  This project will be similar to Jamestowne, which still looks nice after many years.

Council Member Stephens stated that he understands that the Legislature recently strengthened the position of homeowner associations and gave them more authority to enforce their rules. 

Ed Green stated that the Legislature requires homeowner associations to have enough insurance to cover rebuilding the outside of every structure. 

Mayor Hiatt stated that from the street view, this project appears to look nicer than what is currently there.  He has heard many positive things about Mr. Green and how he builds.  He knows that this will be a good project but he wonders what the tradeoffs will be.  People who live in the area believe that the area already has a lot of high density.  He believes that there are benefits to allowing this rezone and not allowing it. 

Council Member Taylor stated that the first time this came to the Planning Commission there were two residents who spoke, one said he was not opposed to it as long as it looked nice.  The project came back to the Planning Commission and they got into more of the project details.  There was no public comment at that time.  The third time it came back to the Planning Commission it came as a full package and there were public comments made at that time.  Residents presented the same petition and brought up the same arguments about density.  The Planning Commission unanimously recommended approval because every condition they gave Mr. Green was met.  He is conflicted about which way to vote on this issue.  He believes that the most compelling argument is how much high density is already in this area, however, a lot of people cannot afford a home.  These units are not upper scale housing, but are very affordable. 

Council Member Stephens stated that the responsibility to maintain equity in the schools is with the school district.  He does not believe that the Davis School District would allow this development to turn the local school upside down for a long period of time.  There would be an impact in the short term, but the school district would balance things out. 


Council Member Garlick stated that when he was elected  he decided that he would not base a vote on the “not in my backyard mentality.”   He appreciates the comments made this evening but he also appreciates the property owner.  Currently, this property is zoned GC.  He looks at what the property  will look like when developed.  It looks like a great development and he believes that this development will increase property values.  Developers are not coming in and asking to put multi-family units anywhere in the City except for Kays Landing on Main Street.  He is not sure anyone will go into the open areas in west Kaysville and develop multi-family units.  He does not think the school district knows the City is contemplating this rezone but they will take care of their numbers.  He believes this issue comes down to the rights of the property owner. He believes that  the  City needs to give credence to property owners.   He understands that the City has to be sensitive to people who live around there but property owners need to take priority.  If a 7-11 store came in and wanted to build on that property right now the City would have to allow it because it is zoned for that at this time.  

Council Member Miller wanted to know what the General Plan says regarding high density and major roads and arteries. 

John Thacker read from the General Plan and explained that Mutton Hollow Road is a significant local street. 

Council Member Miller wanted to know when this property was zoned GC.

Andy Thompson stated that he did not know.

Council Member Miller wanted to know when the homes around this property were built.

Andy Thompson stated that they were built 10-20 years ago.  This property was zoned GC when the subdivisions around it were approved.

Council Member Johnson stated that he is concerned about the number of high density in that area. 
Mayor Hiatt stated that he agrees that the property owner has a right to make a rezone request but the Council has to consider not just the immediate impact on the person who owns the land, but also the impact on property owners in the area.  It is most favorable to the property owner to have higher density but that does not compel the City Council to grant the rezone.  He explained that the Council does not have to grant something just because someone asks for it. 

Council Member Garlick stated that lots of people in west Kaysville opposed Boondocks yet the City approved it and it has turned out to be a wonderful thing.  He views this project as being similar to Kays Landing.  What was there was an eyesore and the City Council tried to help develop something better. 


Council Member Miller stated that when Boondocks was being proposed people were upset but that was an easier issue because the City was not rezoning property.  The land was already in a GC zone and given a conditional use.

Council Member Garlick made a motion to approve this rezone.

The motion died for lack of a second.

Council Member Garlick made a motion to table this item and ask the developer to come back with another proposal.

The motion died for lack of a second.

Council Member Miller made a motion to deny this rezone, second by Council Member Johnson.

Council Member Stephens stated that he would like to keep the door open on this project as much as possible.  If the rezone is denied, the developer cannot bring the proposal back for a year.  He asked the developer if he would like to bring back another proposal.

Council Member Miller withdrew his motion.

Ed Green stated that he has not considered another use for this property.  He has no use for a commercial development.  The owners could look at what they would prefer to do and he would be glad to meet with the neighbors and see if something could be worked out.

Council Member Garlick made a motion to table this in order to allow the developer to work with neighbors and come up with alternatives, second by Council Member Stephens.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously. 


PURCHASE OF EQUIPMENT FOR MAIN SUBSTATION

John Thacker explained that the City requested pricing for needed equipment for the 200 North Substation Rebuild and Modification Project.  This equipment must match existing equipment and is available sole source.  City staff recommends the purchase of a circuit switcher from S&C Electric in the amount of $55,775.60, a battery system from C&D Technologies in the amount of $15,290.10, and four switches from Turner Electric in the amount of $39,800.00.

Council Member Taylor made a motion approving the purchase of a circuit switcher, a battery system, and four switches in the amount of $110,865.70, second by Council Member Garlick.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

ACQUISITION OF RIGHT-OF-WAY FOR MAIN STREET AND 300 WEST INTERSECTION PROJECT

John Thacker explained that the City received Federal funding to improve the intersection of 300 West and Main Street.  This project is designed and right-of-way acquisition is nearly complete.  In UDOT’s negotiation for the required right-of-way and easement on the northeast corner, the property owner claimed that his remaining property would not be economically viable.  It was, therefore, decided to acquire the entire parcel.  The offer was accepted and a contract was signed by the seller.

Council Member Garlick wanted to know if this is an average price.

John Thacker stated that the price is based on an appraisal done by UDOT.

Council Member Garlick wanted to know why Kaysville City will pay the closing costs.

Andy Thompson stated that this is a UDOT project and that is standard UDOT procedure.

Council Member Stephens wanted to know what portion of the property will be resold after this project has been completed.

Andy Thompson stated that most of the property will be resold.

Council Member Miller made a motion to approve this property acquisition, second by Council Member Garlick.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

COUNCIL MEMBER REPORTS

Mayor Hiatt encouraged the Council Members to meet with their assigned department heads and discuss their needs for the upcoming budget.  He explained that the Police Department needs additional personnel and will be asking for additional officers. 

Council Member Garlick explained that he provided a copy of the Public Power Information Sheet to the Council Members and asked for their comments before the next Council meeting.  

MINUTES

Council Member Miller made a motion approving the March 6, 2012 minutes, second by Council Member Stephens.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

CLAIMS

Council Member Garlick  made a motion approving claims in the amount of $1,140,255.03, second by Council Member Miller.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

CALENDAR

The Council Members reviewed a three month calendar.

CLOSED MEETING TO DISCUSS LITIGATION

Council Member Garlick made a motion to adjourn the City Council meeting at 9:25 p.m. and reconvene into a closed meeting to discuss litigation, second by Council Member Taylor.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

Council Member Taylor  made a motion to adjourn the closed meeting at 10:15  p.m. and reconvene into the City Council meeting, second by Council Member Miller.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

Council Member Garlick  made a motion for adjournment at 10:15 p.m., second by Council Member  Taylor and passed unanimously.