City Council Minutes

Thursday, February 21,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 21, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Rod Orton
Council Member Larry Gardner
Council Member Bob Whatcott
City Manager Gary Esplin
City Attorney Jonathan Wright
City Recorder Gay Cragun

EXCUSED:
Council Member Sharon Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The salute to the flag was led by Scout Bryce Thompson, and the invocation was offered by Suzanne Allen.

PARALYMPIC ANNOUNCEMENT:
Darcy Hansen and Carmen Snow, Co-Chairwomen of the Journey of Fire, the Paralympic Flame Celebration, advised that the committee they represent is one of 15 across the state hosting the event. St. George, Ivins, and the Dixie Sunrise Rotary Club are hosting the event on March 4 at Tuacahn at 5:30 p.m.

VIDEO UPDATE OF VARIOUS CITY DEPARTMENTS:
Marc Mortensen presented a video update of several City departments: Parks, Art Museum, Golf Courses, Water and Power, Public Works, Community Development, and Police.

RECOGNITION OF SCOUTS IN AUDIENCE:
Mayor McArthur announced that it was Scout Month. He invited several Scouts in the audience from Troops 620, 515, 520, 558 and 788 to introduce themselves.

TABLE ALL ADDENDUM ITEMS:
City Manager Gary Esplin recommended that all the addendum items be tabled as he had not had a chance to review them.

CONSENT CALENDAR:
Consider approval of the financial statement for January, 2002.

Mr. Esplin explained that staff continued to monitor sales tax revenue, and so far the City is still in good shape.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the financial statement as presented. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

BID OPENINGS:
Consider award of bid for the purchase of transformers for the Power Dept.

Purchasing Agent Sue Swensen clarified that the amount presented and approved at the last City Council meeting was $39,396, but the actual purchase will be in the amount of $163,312 per the low bid from Northern Power.


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February 21, 2002
Page Two

A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to the low bidder, Northern Power, in the amount of $163,212. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Consider award of bid for the purchase of batteries for the City.

Purchasing Agent Sue Swensen presented two bids received:

Dixie Battery $37,962
Parts Plus $37,379.45

She recommended award to the low bidder, Parts Plus, in the amount of $37,379.45.

A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to the low bidder, Parts Plus, in the amount of $37,379.45. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

Consider award of a blanket purchase contract for electrical work on various upcoming City projects.

Purchasing Agent Sue Swensen advised that two bids were received from D. Miller Electric and D. Blake Electric. She recommended setting up blanket purchase orders with both in an amount not to exceed $60,000 each for the year.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to award blanket purchase orders to D. Blake Electric and D. Miller Electric in an amount not to exceed $60,000 each for the year. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

Consider award of a blanket purchase contract for light poles, fixtures, and lights.

Purchasing Agent Sue Swensen advised that although proposals to bid were sent to five vendors, only one bid was received from Electrical Wholesale Supply in the amount of $35,521.80. She recommended approval.

A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to Electrical Wholesale Supply in the amount of $35,521.80. Mayor McArthur called for a vote, as follows:



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February 21, 2002
Page Three

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Consider award of a blanket purchase contract for T-shirts and screen printing for the upcoming year.

Purchasing Agent Sue Swensen presented four bids received (see bid sheet attached as Exhibit "A"). She recommended that blanket purchase orders be set up with the two lowest bidders, Xtreme Edge Screen Printing and Mega Pro Screen Printing in the amount of $50,000 each for the year. Staff will contact the low bidder first for each item needed to see if they can provide it within the
time required. This bid does not include shirts for the Marathon or Mayor's Walk.

A motion was made by Council Member Allen and the seconded by Council Member Orton to award a blanket purchase order to Xtreme Edge Screen Printing and Mega Pro Screen Printing in the amount of $50,000 each for the year. Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

Consider award of a blanket purchase contract for garment laundry service for various City divisions.

Purchasing Agent Sue Swensen presented two bids received (please see Exhibit "B" attached hereto). She explained that she had staff members who use this service send letters stating how they felt about the current service with American Linen. Half of the staff members recommended staying with American Linen and the other half recommended trying Unifirst. She recommended setting up contracts with both.

Council Member Orton inquired if the bidders were aware of staff's recommendation to split the award of bid between the two, as the bid read all or none.

Ms. Swensen replied that they were not.

City Manager Gary Esplin stated that staff will contact them and ask them.

Council Member Orton recommended they be asked item for item if their bid would have been different. He made a motion to award blanket purchase orders to American Linen and Unifirst in the amount of $50,000 each for the year. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

Consider award of a blanket purchase contract for concrete, sand, and gravel for various City projects.

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February 21, 2002
Page Four

Purchasing Agent Sue Swensen presented the bids received (see Exhibit "C" attached hereto). She recommended that a contract be set up with each of the four bidders in the amount of $100,000 each for the year.

Council Member Allen made a motion to award contracts to the four bidders in the amount of $100,000 each for the year. The motion was seconded by Council Member Whatcott, who questioned if this bid was tied to use of the City's road base at the reuse center. He questioned why the City was creating road base and then going out for bid to purchase it.

Ms. Swensen replied that road base from the City's reuse center would be used first.

Mayor McArthur commented that the City was using all the road base at the reuse center. He then called for a vote, as follows:

Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

ORDINANCE CREATING ASSESSMENTS FOR SID 2000-1:
Consider approval of an ordinance establishing the assessments for Special Improvement District 2000-1.

City Manager advised that appeals from seven property owners were heard and discussed at the Board of Equalization hearing on February 14, 2002. It is the recommendation of the Board as follows:

Lot 8, Bloomington Ranches No. 2 Subdivision
Owner: Robert and Carol Payton
Board of Equalization Credit: $1,120
Final Assessment: $6,772.55

Lot 44, Bloomington Ranches No. 1 Subdivision
Owner: William T. and Mary L. Crothers Trust
No adjustment to assessment, however, it is recommended that no assessment be made to Lot 44 when a special improvement district is created to construct improvements on Sugar Leo Road.

A motion was made by Council Member Orton and seconded by Council Member Allen to accept the recommendations of the Board of Equalization.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the ordinance establishing the assessments for SID 2000-1. Mayor McArthur called for a roll call vote as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002, recommended that a public hearing to amend the PD Development for Shadow Mountain Townhomes to change the development to "The Villas at Shadow Mountain" be scheduled for March 21, 2002 at 5:00 p.m. Paul Jensen is the applicant.



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Page Five

A motion was made by Council Member Gardner and seconded by Council Member Allen to schedule the public hearing for March 21, 2002 at 5:00 p.m. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002, recommended that a public hearing to consider a zone change from R-1-10 to M-1 for 313.4 acres located south of the Ft. Pearce Industrial Park area at about 4150 South 1600 East be scheduled for March 21, 2002 at 5:00 p.m. Don Leavitt, representing SITLA, applicant.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to schedule the public hearing as recommended. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT and PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002, recommended approval of a hillside development permit and preliminary plat for Greystone Subdivision. James Sullivan, applicant. The applicant proposes to develop the roads and sell the lots. The larger lots along the hillside will have a permitted build area within 120 feet from 2070 South Street, excluding front yard setbacks. On December 6, 2001 the Hillside Review Board recommended approval subject to: (1) developer installing a rock wall from Lots 15 through 20 with the understanding that the drainage will be resolved by engineering; (2) the rock wall and typical cross section for the front lower retaining wall is a concept; the back wall is required; and (3) the language of "no building" be changed to "no structures" throughout the plans.

Mayor McArthur inquired if grading would be allowed in the "no structures" area. He was advised this was not discussed in the Planning Commission meeting.

Mr. Sullivan, applicant, advised that the reason for the area designated as "no structures" was because of rock fall issues. He advised that possible grading would take place within this area.

An unidentified gentleman advised the area designated as "no structures" would possibly be graded and landscaped, and the homes would cover any cuts to the hillside. The largest cut proposed to be made would be between 10' and 15'.

Mayor McArthur stated his concern was based on the fact that natural terrain which is graded yet left unlandscaped created dust problems for others.

City Manager Gary Esplin commented that the applicant would have no control over whether a property owner wanted to clear the back of his or her lot, and the City's ordinance allows use of property with a grade of less than 40%.

Council Member Gardner expressed concern that the City was trying to overly control something already defined by ordinance, as the hillsides are protected by the Hillside Ordinance.

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February 21, 2002
Page Six

Council Member Allen advised that in Planning Commission meeting, she envisioned the area designated as "no structures" as being left natural, as a type of bonus to the property.

Mayor McArthur expressed concern that a property owner may want to cut the slope to store his or her RV as allowed by ordinance. He stated the area designated as "no structures" should instead enhance the area.

Council Member Allen inquired if language could be added to the plat to encourage use of the area designated as "no structures" to enhance the area.

City Manager Gary Esplin replied that this language could be considered for the final plat, but action today was on the preliminary plat.

Associate Planner Mark Bradley explained that the area designated as "no structures" follows the toe of the area where large boulders and rocks have landed from the hillside above. The geo tech report states that the boulders are to remain in place to protect future structures by acting as a catch basin. Moving of any rocks or boulders would violate the report. He recommended that additional language be added to protect the area.

Council Member Whatcott inquired about the definition of a structure.

Community Development Director Bob Nicholson replied that a structure is something that has a roof.

City Manager Gary Esplin advised that a pool or waterfall would not be considered a "structure".

Mr. Sullivan suggested that the words "no major grading" in the area designated as "no structures" be added to the plat.

City Attorney Jonathan Wright recommended that staff meet with the applicant to define what was recommended by the Hillside Review Board, as the reason for the "no structures" area appears to be understood differently by the applicant and staff. He advised that wording prohibiting a structure would not prohibit removal of rock. He advised that a geo tech report is a health, safety and welfare issue and a recommendation only, and if rock is prohibited from being removed, the plat should state such. It should further specify that landscaping, pools and waterfalls are allowed.

City Manager Gary Esplin replied that a geo tech report is a part of subdivision approval.

Mr. Sullivan stated that geo tech reports must be followed, and they are not simply a recommendation.

A motion was made by Council Member Gardner to approve the hillside development permit with the suggestion that the language be clarified for the final plat, and subject to the recommendations of the Planning Commission and Hillside Review Board. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

Council Member Allen inquired if the turn-around at 2070 South Street had been worked out.



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February 21, 2002
Page Seven

Associate Planner Mark Bradley advised that he did not know if the issue had been resolved with staff.

Mr. Sullivan commented that a turn-around is not required by ordinance.

Mr. Bradley replied that until a street is dedicated, a temporary turn-around is required, and has been required on many occasions.

Mr. Sullivan commented that abutting property is dirt, and it can be used as a turn-around.

Mr. Bradley advised a turn-around was recommended by the Planning Commission.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the preliminary plat subject to the recommendations of the Hillside Review Board and Planning Commission, and that language affecting the area designated as "no structures" be clarified on the final plat. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002, recommended approval of the final plat for Bedrock Townhomes Phase 1 subject to 2450 East road dedication. Bob Stephenson is the applicant.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plat subject to the recommendations of the Planning Commission and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002 recommended approval of the final plat for Foxborough Townhomes Phase 2. Vince Clayton is the agent.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.




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Page Eight

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002, recommended approval of the final plat for Ironwood Subdivision Phase IV. Vince Clayton is the agent.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002, recommended approval of the final plat for Sandstone Shadows Subdivision Phase 2. Nate Blake is the applicant.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an increased height of an accessory building at 381 Damascus. Brett Empey, agent.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 12, 2002, recommended approval of the conditional use permit for increased height of an RV garage/work shop to 20 feet. One neighbor was in opposition. The proposed building will be 13 feet from the side property line and 25 feet from the rear property line.

A motion was made by Council Member Allen and seconded by Council Member Whatcott.

Karl Muhler, representing Larry Ott, the neighbor in opposition to the request, advised that Mr. Ott lives south and off-set of the proposed building site. Code states that no building can be built over 15 feet without a conditional use permit. Mr. Ott wants to make sure that he will still have his view, and granting of this request will interfere with his use and enjoyment of his property. The applicant knew the code beforehand, but chose to plan and build his home this way in any event.

Mayor McArthur called for a vote on the previous motion, as follows:

Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye

Council Member Whatcott questioned why the plan showed parking stalls and if the use would be commercial.



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February 21, 2002
Page Nine

Brett Empey, agent for the applicant, replied that his mother-in-law wants to provide off-street parking for her grandchildren and no business will be conducted there. He advised that his mother-in-law could have made this accessory building a part of her home and gone up 35 feet in accordance with the ordinance.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an increased height of an accessory building at 3724 Mulberry St. James Hone, applicant.

Associate Planner Mark Bradley advised that the applicant would like to construct an accessory building 17'4" in height in an R-1-10 zone in the Bloomington area. The structure will be 8.9' from the rear property line. There was no opposition at the Planning Commission meeting, and the Planning Commission recommends approval. James Hone is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the conditional use permit. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

JOINT PUBLIC HEARING WITH ST. GEORGE NEIGHBORHOOD REDEVELOPMENT AGENCY:
Joint public hearing with the St. George Neighborhood Redevelopment Agency to consider approval by resolution of an amended plan for the Ft. Pearce Economic Development District #2.

City Manager Gary Esplin explained action was needed to amend the EDA in the Ft. Pearce Business Park. It is proposed to exchange properties equal in size, thus amending the boundaries in EDA District #2.

Mayor McArthur explained this amendment is necessary to accommodate development within the EDA.

Mr. Esplin explained the boundary amendment would not affect the School District, and involves property owned by SITLA at this time. There would not be any tax consequence.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion.

ORDINANCE:
Consider approval of an ordinance adopting the amended plan for the Ft. Pearce Economic Development District #2.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve by ordinance the amendment to EDA District #2 as presented. Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.




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February 21, 2002
Page Ten

REQUEST TO USE AMPHITHEATER AND GAZEBO:
Consider approval of a request for use of the gazebo at Worthen Park and amphitheater at Centennial Park near Pine View Middle School. Zachary T. McGee, applicant.

City Manager Gary Esplin explained the applicant would like to use the amphitheater near Pine View Middle School on March 7 and the gazebo at Worthen Park on March 8 for concerts. If the applicant does not represent a charitable organization, a rental fee will be charged.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the request. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

REQUEST TO USE CONFLUENCE TRAILHEAD:
Consider approval of a request to use the Confluence Trailhead. Learning Center for Families, applicant.

City Manager Gary Esplin explained that the Learning Center for Families would like to use the Confluence Trailhead for their annual Little Ducky Race fundraiser. This race has been held in past years without any problems.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the request. Mayor McArthur called for a vote, as follows:

Council Member Gardner -aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

72 HOUR LIQUOR PERMIT:
Consider approval of a 72 hour liquor permit for the Dixie Center for the Skywest/United Way NASCAR Mini-Grand Prix event on March 8, 2002.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the request. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

PRIVATE CLUB LIQUOR LICENSE:
Consider approval of a request for a private club liquor license.

City Manager Gary Esplin advised there was one private club liquor license available, based on population. However, the City Council is under no obligation to issue such license. There have been two applicants - Claim Jumper Restaurant and Entrada at Snow Canyon Country Club.

Council Member Gardner commented that in the mid-90's when the City amended its ordinance to allow more restaurant liquor licenses, one of the concerns addressed at this time was that the City Council did not want to create

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February 21, 2002
Page Eleven

a type of setting in the downtown business district which could be denoted as a bar or nightclub. The City Council felt at that time that the restaurant setting was a more controlled environment. With this in mind, it makes more sense to issue this private club license to a country club setting, where alcohol would be available to members and property owners in the area only, and away from the business district. He stated he was not recommending the City grant one, but if it did he would prefer to see it go to the country club.

Mayor McArthur commented that he felt the City should probably issue the license, and then there would not be a question of one being available. He commented that there is an applicant who fits the criteria desired by the City Council.

Council Member Gardner commented that as long as there was a license available by virtue of the census, it may be appropriate to issue one now rather than to review additional requests in the future.

Council Member Orton commented it was important to note that the City loosened up issuance of liquor licenses to restaurants.

Council Member Gardner stated he felt the police would verify that restaurant liquor licenses produce less of a problem than those in a bar setting.

Council Member Whatcott made a motion to issue a private club liquor license to Entrada at Snow Canyon Country Club. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

REQUEST TO CLOSE STREETS FOR CINCO DE MAYO FESTIVAL:
Consider approval of a request for closing of portions of 200 North between 200 and 300 West for the Cinco de Mayo Festival to be held May 4, 2002.

City Manager Gary Esplin explained there were no complaints when the City blocked off several streets last year for this event.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the request. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

NUMBER OF YOUTH ALLOWED CLARIFIED:
Clarification of the number of youth approved for the Cinnamon Hills Youth Center.

Jack Williams explained that the City Council did not set the number of youth allowed when his conditional use permit was approved in 1998. He requested that this be done now. He advised that currently he had 132 youth at his facility and would like to be able to keep them. He has 185 full time staff, ample parking, a high payroll, and is not doing anything that would be a problem to the City. Another issue not related to this is after his project was in place, the City adopted an ordinance governing location of these types of facilities and their

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Page Twelve

proximity to places where alcohol is sold. He purchased the South Side Inn after passage of this ordinance, with the understanding from the City Attorney that the ordinance affected treatment facilities only. He further explained his treatment facility was not within 500 feet of the Maverik, where alcohol is sold, and there is no request for expansion at this time. The Sunbird Inn is used for offices.

Mayor McArthur indicated the minutes of the meeting in 1998 state that 104 students were presently located at the facility, and the applicant stated there would be no increase in the number of students or staff.

Mr. Williams replied that was true at the time.

Mayor McArthur inquired of Mr. Williams how the number of his students reached 132, when in the 1998 meeting he said he had 104 students and would not expand their number or staff.

Mr. Williams replied he made a knee jerk reaction, and the number of 104 youth was not a representation of the number of students for the rest of his career. He stated he received a letter from City Manager Gary Esplin advising his request for a conditional use permit had been approved, with no mention of the number of youth allowed. He explained that the reason the issue has come to light now is because the State is requesting a letter from the City approving the number of youth at his facility. He also met with Community Development Director Bob Nicholson who advised him he could increase the number of his students by 10% without seeking a conditional use permit, and then later discovered that Cinnamon Hills had never been approved for 120 students.

Mayor McArthur asked the City Recorder to play a tape recorded portion of the City Council meeting in 1998.

Mr. Williams clarified that the meeting in 1998 was to request a conditional use permit for improvements and additional parking, and had nothing to do with the number of youth in his facility. He stated he would like a minimum of 120 students approved so he could legally have 132.

Mayor McArthur reiterated the point was that Mr. Williams increased the number of students from 104 to 132.

Mr. Williams replied that the statement of the number of youth in his program in 1998 was made in the context of the building improvements and parking.

Council Member Gardner commented that when he made the motion to approve the conditional use permit in 1998 since the number of youth would not be increased, he did in response to the debate in the community about other youth groups and whether the City should allow their expansion.

Council Member Orton commented that Mr. Williams' recent letter indicates he received permission for 120 students at the 1998 City Council meeting.

Mr. Williams replied that he has been forthright the entire time and did not try to mislead anyone.

City Manager Gary Esplin commented that the problem, as he remembered it, was when Red Rock was approved for a specific number of students, and Mr. Williams improvement project began before implementation of the new ordinance concerning proximity limits. Comments made at the City Council meeting in 1998 can be interpreted several ways, but the City should now set a limit on the number of youth allowed so all such treatment facilities are in compliance and operating under the same ordinance.

Mayor McArthur advised he took Mr. Williams' comments in 1998 to mean that there would be no increase in the number of students of staff. This was reiterated and repeated in the meeting by him, Mr. McGuire, and Mr. Williams.

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Page Thirteen

Mayor McArthur stated he did not know how it could be any clearer than that.

Mr. Williams distributed copies of the letter he was sent by Mr. Esplin after the 1998 City Council meeting.

Mr. Esplin stated the intent of the letter was to address the conditional use permit, and not to establish the number of youth allowed. At that time all the City Council was addressing was expansion of the facility, not the number of students.

Council Member Whatcott questioned if Mr. Williams' response to the Mayor had been that he was going to increase the number of students, if the City Council would have dealt differently with the conditional use permit issue.

Council Member Orton reiterated that Council Member Gardner's motion to approve the conditional use permit was for approval if the number of students or staff was not increased.

Council Member Gardner advised there has never officially been a number approved, but perhaps the City Council should approve the number of students Mr. Williams now has, or whatever is appropriate, so that there is no confusion in the future. He stated he did feel badly that Mr. Williams had increased the number of students to 132 without the City Council being aware of it. He suggested that certain issues, such as if the program is functioning, over-saturation, etc. should be addressed before a decision is made.

Mr. Williams commented that in all fairness he did not come to the meeting in 1998 to request a certain number of students, and at the time did not understand the depth of the question. He stated at the time he did not hear the motion for approval, just that his request had been approved.

Council Member Gardner inquired of Mr. Williams if the new building was being used as a recreational facility.

Mr. Williams replied the building was being used for classrooms and offices.

Council Member Gardner stated he understood the new building would not be used for housing of students.

Council Member Whatcott commented that the City never approved 120 students for the Cinnamon Hills program, and Mr. Williams stated in the meeting that he would not increase the number of students or staff.

Community Development Director Bob Nicholson stated that he mentioned to Mr. Williams that he could expand by 10% without requesting another conditional use permit. When he asked Mr. Williams how many students he had, Mr. Williams replied 120, and he did not challenge that number. Mr. Williams then requested a letter from the City, and going back through the minutes discovered that Mr. Williams was never approved for 120 students.

City Manager Gary Esplin suggested that the City Council establish the number of students allowed at Cinnamon Hills tonight, taking into account that Mr. Williams can have 10% more than the number established.

City Attorney Jonathan Wright advised that Mr. Williams could also request another conditional use permit for an increased number of students, after completing a community impact study.

City Manager Gary Esplin inquired of Mr. Williams how space was made available for 132 students without expanding.

Mr. Williams replied space was made available by shifting rooms around and locating more staff off campus. All off-campus staff were moved into the old Sunbird Motel.

St. George City Council Minutes
February 21, 2002
Page Fourteen

Mayor McArthur inquired of Police Chief Stratton how he felt Cinnamon Hills was functioning from a safety perspective.

Chief Stratton replied that from the department's perspective, no more problems were perceived from Cinnamon Hills than at a typical motel. However, he did see a lot of difference between 104 and 132 students.

Mayor McArthur inquired of Chief Stratton if he felt the community may be impacted by the sheer number of youth put into our community, or located in proctor homes here.

Chief Stratton replied that the community would absolutely be impacted. However, based upon his experience with Cinnamon Hills, the impact on the community has been minimal.

City Attorney Jonathan Wright advised that the reason for the conditional use permit in 1998 did not have anything to do with the number of youth allowed.

Mayor McArthur replied that while that may be true, at what point in time dwere you able to take a person for his or her word.

City Attorney Jonathan Wright replied that nevertheless, the number of youth allowed at Cinnamon Hills was never established.

Mr. Williams advised that he now had 131 students, and would be in trouble financially if he were not allowed to maintain that number.

Council Member Gardner made a motion to establish the number of youth allowed at Cinnamon Hills at 120.

Council Member Allen inquired of Mr. Williams if the State recognized that the City would allow an increase of 10% to the 120 students allowed.

Mr. Williams replied that they did.

Council Member Gardner clarified that he heard Mr. Williams say that all housing of the students will be in the existing building, and will not be expanded to other facilities.

Mr. Williams replied that this was correct.

Council Member Gardner commented he was not referring to staff or officers of the company, but the actual housing of students.

Mr. Williams advised that approval for 120 students will allow 132, and when he wanted to increase the number again he would go through the normal process.

Council Member Gardner commented that he just as well not waste his time, but he had that right.

Council Member Gardner's motion was seconded by Council Member Whatcott.

Council Member Orton asked for a clarification of what the Four Seasons South building was being used for.

Mr. Williams replied that the Four Seasons South was being for offices, and for housing for visiting families. The students could be at this building visiting their families, or watching a movie, etc.

City Attorney Jonathan Wright advised when Mr. Williams met with him in 1998 about buying the Sunbird Inn to use for offices, he told Mr. Williams this would not be allowed. This was why the expansion was done on site. He stated he was shocked when he heard that Cinnamon Hills had purchased the Sunbird Inn


St. George City Council Minutes
February 21, 2002
Page Fifteen

for offices. Offices or housing of youth is not distinguished, and a facility is a facility whether the youth are sleeping there or not.

Mr. Williams advised the Planning Department was OK with the Sunbird Inn being used for offices.

Mr. Wright advised that the Sunbird Inn could be used as an office building not related to Cinnamon Hills, but it cannot be used for an expansion of Cinnamon Hills.

Mr. Williams advised all he was using the Sunbird Inn for was to locate staff.

Mr. Wright advised that staff could not be located in the Sunbird Inn, and this was made clear in his discussion with Mr. Williams. He advised he applied this same ordinance two weeks ago to another facility seeking expansion.

Mr. Williams stated the Sunbird Inn does not represent program expansion because all he did was centralize his offices.

Mr. Wright inquired of Mr. Williams if anyone could rent a room at the Sunbird Inn, and if it was still being used as a hotel.

Mr. Williams replied he did not know what it was.

Mr. Wright inquired if the Sunbird Inn was part of the Cinnamon Hills youth treatment program, and if so, Cinnamon Hills was expanded.

Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

City Attorney Jonathan Wright advised he would take enforcement action with regard to the expansion of Cinnamon Hills.

Community Development Director Bob Nicholson stated he thought expansion of offices was allowed.

City Manager Gary Esplin advised that an office building has to be available to others, and if it is only available to Cinnamon Hills, it is part of their campus.

RESOLUTION:
Consider approval of a resolution approving an interlocal agreement providing for the creation and operation of the Southern Utah Shooting Sports Park Agency.

This item was tabled as the applicant was not present.

APPOINTMENTS:
Consider appointments to various boards and commissions of the City.

Mayor McArthur recommended that Council Member Whatcott be appointed to the MPO. A motion was made by Council Member Orton and seconded by Council Member Gardner to appoint Council Member Whatcott to the MPO. Mayor McArthur called for a vote, as follows;

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott did not vote. The motion carried.

St. George City Council Minutes
February 21, 2002
Page Sixteen

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held January 24, 2002.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes as presented. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the City Council work meeting held January 31, 2002.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss a property purchase was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RECONVENE/DISCUSSION RE DUST AT SUNSET CORNER:
Mayor McArthur advised that he received a complaint from a neighboring property about the dust from Quality Excavation's work at the corner of Sunset and Bluff. The complainant is also concerned about the time frame for crushing and rock is being brought in to crush. He asked that the minutes be checked to see if a time frame for crushing rock was established.

DISCUSSION RE LANG FOREMASTER PROPERTY BEHIND TARGET:
Mayor McArthur advised that he recently met with Dexter Snow who said the Lang Foremaster property behind Target is for sale. Mr. Foremaster would like $600,000-800,000 for it.

City Manager Gary Esplin advised that the City already agreed with Mr. Foremaster to purchase the property for $400,000 and Mr. Foremaster would then donate the other $400,000.

PROPERTY PURCHASE:
A motion was made by Council Member Whatcott and seconded by Council Member Orton to authorize purchase of 8-9 acres of property , including the pond site, owned by Sheldon Johnson for the approximate amount of $150,000-$200,000 based on acreage. Mayor McArthur called for a vote, as follows:



St. George City Council Minutes
February 21, 2002
Page Seventeen

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

ACCEPT DONATION OF PROPERTY:
City Manager Gary Esplin advised that the Southgate Homeowners Association would like to donate to the City the swimming pool and bathroom owned by them. The City's intent is to fill in the pool and use the restrooms as part of the golf course. At some future time a tee or putting green will be built on the property.

A motion was made by Council Member Gardner and seconded by Council Member Allen to accept donation of this property. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

ACCEPT DONATION OF PROPERTY:
City Manager Gary Esplin advised that Jay Ence would like to donate to the City two lots adjoining the Bloomington Country Club. The appraisal is $130,000 for both.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to accept donation of this property. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

UPDATE ON DIXIE CENTER:
City Manager Gary Esplin advised that he has been meeting the last several weeks on problems at the Dixie Center and the possibility of either the County or City taking it over. There is a projected $800,000 deficit this year. He, Kent Perkins, Jerry Rasmussen, and John Willie have been appointed to an interim committee to evaluate the situation and interview all Dixie Center employees.


DISCUSSION ON BID PROCESS:
A discussion was held on the City's bid process and the awarding of blanket purchase orders from several different vendors for the same item. City Manager Gary Esplin explained this is done in order to obtain the items or get the job done as soon as possible.

DISCUSSION RE CEMETERY POLICY:
A discussion was held about the City's policy of providing free plots to veterans.

The meeting then adjourned.


______________________________
Gay Cragun, City Recorder