City Council Minutes

Thursday, March 21,2002



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

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Sharon Isom (arrived 5:30 p.m.)
City Manager Gary Esplin
City Attorney Jonathan Wright
City Recorder Gay Cragun

EXCUSED:
Council Member Larry Gardner

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He explained that because there were only three Council Members present until Council Member Isom arrived at 5:30, all decisions of the City Council would have to be unanimous for a motion to pass. Therefore, anyone could withdraw his or her item from the agenda if they wished. The pledge of allegiance was led by Scout Kurt Gardner, and the invocation was offered by Gail Maxwell.

Marc Mortensen presented a video update of the Public Works, Water and Power, Leisure Services, and Police Departments.

Mayor McArthur invited several Scouts from Troop 464 to introduce themselves.

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

Council Member Bob Whatcott commented that the Electric Department showed a profit for the month of February. He then made a motion to approve the consent calendar as presented. 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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for laundry services for uniforms, rugs, etc.

Purchasing Agent Sue Swensen advised that after speaking with the two vendors awarded a split bid at a previous City Council meeting, it was determined to recommend award of the bid to American Linen. It is also recommended that the bid be reviewed in six months to assure any problems have been resolved.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to American Linen in the amount of $150,000 for the year. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of a truck for the Streets weed abatement program.


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March 21, 2002
Page Two

Purchasing Agent Sue Swensen recommended that the truck be purchased through the State contract with Butterfield Ford in the amount of $30,244.90.

Council Member Orton inquired if local dealers had been given the opportunity to bid on the truck.

Ms. Swensen replied that local dealers were given the opportunity to bid.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve purchase of the truck from the State contract with Butterfield Ford in the amount of $30,244.90. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

TABLE ITEM:
City Attorney Jonathan Wright advised that Item 5B to consider approval of a resolution authorizing an interlocal agreement for a shooting park would be tabled from the agenda and rescheduled at the next regular City Council meeting.

RESOLUTION:
Consider approval of a resolution authorizing the issuance and providing for the sale of approximately $361,000 City of St. George, Utah special assessment bonds, Series 2002 (Bloomington Special Improvement District No. 2000-1) (the "Bonds"), fixing the maximum interest rates to be borne thereby, prescribing the form of bonds, maturity and denomination of said bonds; creating a guaranty fund as provided by statute, a bond fund, a construction fund and related matters.

City Manager Gary Esplin explained this resolution was necessary to finalize the special improvement district.

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

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - 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 March 12, 2002, recommended that a public hearing be scheduled for April 18, 2002 at 5:00 p.m. to consider a zone change from R-1-8 to C-3 on .48 acre on the southwest corner of 700 South Main. Dr. James Ence, applicant.

A motion was made by Council Member Orton and seconded by Council Member Allen to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.



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March 21, 2002
Page Three

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval of the final plat for Sunset Lane Subdivision. Ed and Lori Burgess, applicants.

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 Allen - aye

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval of the final road dedication plat for Dixie Drive Extension (bridge project).

Project Engineer Roger Bundy stated the project was ready to bid and should begin within a month and be finished toward the end of the year.

Council Member Orton inquired if all roads would be completed when the bridge was completed.

City Manager Gary Esplin replied that all connections will be completed, and then a decision will be made about what to do with the old bridge.

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

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval of the final plat for Stone Cliff Phase 6 subject to the hatched area by Lot 601 and language stating that the area being deeded to Lot 513 on Stone Cliff Phase 6 be removed. Gail Maxwell is the agent.

Gail Maxwell advised that two big lots in a future phase have been designated as a neighborhood park.

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

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

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval of the final plat for Canyon Court at Laurelwood Phase III. Bob Bergren is the applicant.

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March 21, 2002
Page Four

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 Allen - aye

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval of the final plat for Chelsea Commercial Condominiums. Steve Williams is the applicant.

A motion was made by Council Member Allen 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 Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval of the final plat for Countryside Phase 3 with the understanding that the landscape maintenance request is still under review with the City Council. Clayton Leavitt is the applicant.

City Manager Gary Esplin advised that the City cannot add an assessment for landscape maintenance to its utility bills. He suggested that the developer put money into a fund for maintenance of the landscaping.

City Attorney Jonathan Wright advised that the best option would be a perpetual fund, with a note added to the plat and recorded with each lot.

Council Member Whatcott questioned why the City should be burdened with this responsibility when it belongs to the developer.

City Attorney Jonathan Wright advised that the City could also require the developer to set up a homeowners association to take care of this responsibility.

Council Member Orton inquired how many similar projects the City maintained.

City Manager Gary Esplin replied that the City maintains approximately half a dozen on 66' roads, maybe less. He advised that at the time the plat is recorded, an assessment could be made on each lot, to be paid to the City, and put into a special account used for landscape maintenance. He suggested that approval of the final plat could be made contingent upon the developer agreeing to pay whatever the assessment per lot will be.

A motion to approve the final plat and authorize the Mayor to sign it was made by Council Member Orton, with the understanding that the developer must pay a per lot cost for landscape maintenance and establish a perpetual care fund, or create a homeowners association to take care of the landscape maintenance. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

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

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March 21, 2002
Page Five

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 March 12, 2002, recommended approval of a hillside development permit and preliminary plat for Coral Desert Health Center (Coral Desert Subdivision). The Hillside Review Board also recommended approval of the hillside development permit. He explained that the purpose of the preliminary plat is to subdivide the land into three lots. A traffic impact statement was submitted and is currently under review. The Planning Commission's approval was subject to (1) the traffic impact statement recommendations; (2) the City Traffic Engineer's recommendations; and (3) the cross-use access agreement be reviewed by the City Legal Department. David Blake is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the hillside development permit and preliminary plat subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a skilled nursing care facility on the site of the proposed Coral Desert Health Center at about 1400 East Foremaster Drive. David Blake, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval. He advised that the proposed facility would provide inpatient nursing services to post surgery, post stroke, and post cerebral vascular accident patients with an average stay of less than 120 days. Disabled individuals may require an extended stay. 60 beds are proposed with a projected stabilized occupancy level of 49 beds. This type of use is considered a conditional use within the Administrative and Professional Office Zone.

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

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

The vote was unanimous and the motion carried.

David Blake advised that the building will have the same theme, architecture, and facade as other buildings within the project.

Mr. Bradley advised that the elevation is part of the conditional use approval, and if it varied from that presented, it would have to come back to the City Council for approval.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a preschool for up to 16 children in a home at 599 Picturesque Drive. Mary Meadows, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at
its meeting held March 12, 2002, recommended approval of up to 16 children per session. The applicant would like to hold two sessions a day, each 2.5 hours

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March 21, 2002
Page Six

long, Monday through Thursday. The ages of the children would be three to five years old. The Fire Department measured adequate space for up to 16 children.

Mary Meadows advised that she currently has five preschool students, and the neighbors are aware of this and have not complained.

Council Member Allen stated that at the Planning Commission meeting it was
mentioned that there would be a small sign on the door, but no sign in the yard.

Council Member Isom arrived.

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

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

Council Member Isom did not vote. The motion carried.

City Attorney Jonathan Wright advised that normally a home occupation could not have signage, but signage is allowed under a conditional use permit.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a townhome project in a C-3 General Commercial zone at 790 North 2720 East. Kent Garrett/Paul Ceislewicz, applicants.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 12, 2002, recommended approval with the stipulation that the applicants submit a better rendering of the building to address the proposed coloring and to show how the units will look three dimensionally. The applicants are proposing 38 townhomes with a density of 16.45 units per acre. The 30% landscape requirement will be met. He advised that an R-4 zone will allow up to 22 units per acre.

Council Member Allen inquired if there would be a homeowners association.

Kent Garrett replied that there would be.

A motion to approve the conditional use permit was made by Council Member Whatcott and 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 Isom - aye

The vote was unanimous and the motion carried.

LOT LINE ADJUSTMENT:
Consider authorization for a lot line adjustment between the City and Colorview Plaza in the Pine View Commercial Center.

City Manager Gary Esplin explained this request for a boundary line adjustment between the City and the property owner. When the road dedication was completed, Colorview Plaza gave up 1,605 sq. ft. more than was required with the understanding they would receive that 1,605 sq. ft. when the project was complete. It is therefore recommended that 7.9 feet be removed from the City's Lot 19 and added to Colorview Plaza's Lot 18 to make things even.


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March 21, 2002
Page Seven

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

Council Member Isom - aye
Council Memer Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for approval of a zone change from R-1-10 Single Family Residential to M-1 Manufacturing on approximately 313.5 acres located south of the Ft. Pearce Industrial Park at about 4150 South 1600 East. State Trust Lands Administration, applicant.

Community Development Director Bob Nicholson explained that approval of this zone change will facilitate extension to the south of the existing Ft. Pearce Industrial Park to pick up the remainder of the proposed Blue Bunny property. The zone change is in compliance with the City's General Plan.

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

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the zone change by ordinance. Mayor McArthur called for a roll call vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts from Troop 800 to introduce themselves.

REQUEST FOR BUILDING PERMIT:
Consider a request for a building permit in the Washington Fields/Little Valley area outside of an approved subdivision. Kim Bell, applicant.
City Manager Gary Esplin explained that the applicant is seeking approval from the City Council to proceed with construction of his home because of concurrency issues. Mr. Bell owns a lot of record, but it is not within a subdivision and is a little less than one acre. Under the City's ordinance, the City Council can waive the requirement for connection to the sewer system if the lot is one acre or larger, but this lot does not meet the definition of an A-1 lot.
The real concurrency issue concerns the road, and Mr. Bell's lot has a great deal of frontage on the existing road. The ordinance would require development of this frontage in order for Mr. Bell to obtain his building permit. However, staff would have no objection to Mr. Bell obtaining his building permit if he agreed to sign a delay improvement agreement to make certain he pays his fair share of the frontage when the road is improved.

Council Member Allen inquired if there were other homes on this street.

Mr. Bell replied that there were six homes on 2000 South.

Mr. Esplin commented that the delay improvement agreement would be recorded with the plat and would be enforceable.


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March 21, 2002
Page Eight

City Attorney Jonathan Wright advised that the City is the one who triggers the timing of the delay improvement agreement, and this is at the City's option. The obligation would run with the property.

Mr. Bell stated he would have no objection to signing a delay improvement agreement.

A motion was made by Council Member Allen to approve the building permit as requested, subject to Mr. Bell signing a delay improvement agreement.

City Attorney Jonathan Wright advised the building permit would not be issued until the City obtained the signed delay improvement agreement.

The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT::
Consider a request for approval of a special event permit for temporary outdoor events at the Red Cliffs Mall.

City Manager Gary Esplin advised that the City's ordinance does not allow as many outdoor special events as the mall would like, and they are requesting permission to hold more than allowed.

Cindy Lee, General Manager of the Red Cliffs Mall, explained that specialty leasing is an important part of mall business and is necessary for the mall to remain competitive. She requested permission to hold two events per month, each lasting three to five days.

City Manager Gary Esplin stated he understood the mall had been sold.

Ms. Lee replied that the sale is in the process, but is not yet complete.

Council Member Orton commented that if the City approved this request, it should be prepared to allow all businesses to hold just as many events in their parking lots.

City Attorney Jonathan Wright advised that the City Council's original concern in establishing the number of outdoor events allowed was due to the amount of abuse by transient businesses operating in parking lots.

Ms. Lee commented that St. George is the only city with such a limitation on the number of outdoor special events.

Mr. Esplin commented that the City is not concerned with events such as a carnival or car show, but itinerant merchants setting up shops in parking lots and competing with local businesses. The City Council could perhaps consider an amendment to the ordinance to tie the number of events allowed to the size of the project.

Council Member Isom clarified that the applicant would like to hold a carnival in the parking lot April 18-28.

Ms. Lee replied that there are other events lined up as well.

Council Member Isom inquired about hours of operation for the carnival.


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March 21, 2002
Page Nine

Ms. Lee replied that she did not know the hours.

Mr. Esplin commented that carnivals had been held previously in the mall parking lot.

Council Member Isom commented that she would like to know the hours of operation. She made a motion to approve the request for the carnival only.

Council Member Whatcott commented that caution must be taken to assure the parking lot is not filled up by the special event and thereby leaves no parking stalls. The applicant is asking for a special event ten days out of every month.

Ms. Lee replied there would be adequate parking as the mall's customers were their most important consideration.

Council Member Whatcott commented that outdoor retail sales have a direct effect on other vendors in St. George and are in direct competition with established stores in St. George.

The motion was seconded by Council Member Orton.

Mayor McArthur advised that the matter of amending the ordinance to allow more special events would be discussed by the City Council at a later date, and he invited Ms. Lee to attend at that time.

Ms. Lee explained that the events requested would be similar to the Stephen Wade car sale and a carnival twice a year.

Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

AGREEMENT WITH ST. GEORGE CLARA FIELD CANAL COMPANY:
Consider approval of an agreement between the City of St. George and the Clara Field Canal Company regarding use of easements and irrigation lines.

City Attorney Jonathan Wright explained that the St. George Clara Field Canal Company would like to take advantage of the City's construction of a sewer trunkline and water reuse line by allowing them use of the reuse line until the reuse water is in play. At that time that new section of the pipeline will be replaced for the irrigation company.

City Manager Gary Esplin explained this is necessitated by the paving of frontage of the Lillywhite project, and the City did not want to require them to pave the frontage and then have to tear it up for the reuse line.

Mayor McArthur commented that if the irrigation company is using the reuse line and then the City has to replace it, the pavement will be torn up anyway.

City Manager Gary Esplin replied that at the time the reuse line is needed, the City will give the irrigation company an easement. The irrigation company does not want to give up the easement they have until the City compensates them for it.

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


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March 21, 2002
Page Ten

Council Member Allen - aye
Council Member Whatcott - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

CHANGE ORDER FOR 3050 EAST PROJECT:
Consider a request for approval of a change order for the 3050 East project.

City Manager Gary Esplin explained that a lot of changes and unforeseen obstacles have been experienced. Staff recommends a change order in the mount of $54,000 to compensate the contractor for excavation of rock which was not anticipated.

Council Member Allen inquired why the rock was not anticipated, and if the excavation was deeper than that done in the past.

Project Engineer Jay Sandberg explained that testing was done on the east side of the road, but the storm drain ended up on the west side of the road where it could fit. There was a lot of underground rock in this area, and no one realized it would be that prevalent. The contractor had to go through 2,600 linear feet of rock, and only half that amount was estimated.

Mayor McArthur inquired how the $54,000 figure was arrived at.

Mr. Sandberg replied that the contractor spent so much time and had to bring in equipment from out of the area, and the delays were so extreme, that City staff felt they should work with them. The recommended amount is half the amount they requested.

City Manager Gary Esplin inquired if potholes were normally done on both sides of a street.

Mr. Sandberg replied that they are not normally done on both sides of the street, and were done 400 feet apart.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the change order in the amount of $54,000.

Mr. Sandberg advised that a contingency was built into the project, and the contract will not need to be increased that much.

Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

CHANGE ORDER WITH FAA:
Consider a request for approval of a change order with the FAA for a project at the airport.

City Manager Gary Esplin advised that the City Council previously authorized expansion of the terminal parking lot in order to address security issues. Since that time the FAA has determined that it will reimburse the City for the cost of these improvements. Based on that, it is recommended that the City install full improvements at a 10% match.



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March 21, 2002
Page Eleven

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

Council Member Whatcott - aye
Council Member Isom - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

ENGINEERING CONTRACT CHANGE:
Consider approval of a contract change for engineering for the Man O War bridge project from Sear Brown to Carter Burgess.

City Manager Gary Esplin advised that Sear Brown has closed its offices in Utah. It is recommended that the contract be assigned to Carter Burgess. It is staff's understanding that Carter Burgess will keep Sear Brown's staff. There will be no change in cost, and Carter Burgess will assume the contract as written.

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the engineering contract change to Carter Burgess. Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Orton - aye
Council Member Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

PETITION FOR ANNEXATION:
Consider approval or denial of a petition for annexation from Mr. Gary Milne for property located in the Washington Fields/Little Valley area.

Community Development Director Bob Nicholson advised that under current annexation law, if the City accepts the petition for annexation, then the notification process begins. The property in question is located on 3430 East at about 2000 South in an unincorporated area of the County.

Council Member Allen inquired if the area were annexed, if it would be subject to concurrency.

Mr. Nicholson replied that it would be subject to concurrency. The applicant is asking for A-1 zoning.

A motion was made by Council Member Orton and seconded by Council Member Allen to accept the petition for annexation. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

COST SHARING AGREEMENT:
Consider a proposal for a cost-sharing agreement with developers on Snow Canyon Parkway.

Project Engineer Jay Sandberg advised the plan for Snow Canyon Parkway called for a uniform median and landscaping all the way from U-18 to Ivins. The developers of Paradise Canyon and Sedona Hills have been working together to

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March 21, 2002
Page Twelve

install improvements. However, Paradise Canyon could not install their improvements until Sedona installed theirs. This has now been worked out and an agreement has been reached between the developers. The problem is that Sedona Hills' frontage goes further on each end than Paradise Canyon, and the request is to match Sedona Hills' portion with a full island and asphalt paid for by the City.

City Manager Gary Esplin advised that the City is the owner of property fronting the wash, and the City will also be installing some drainage that comes from the face of the slope which right now is draining down the trail and causing problems.

A motion was made by Council Member Whatcott to approve the cost sharing agreement in the total amount of $25,479. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

IMPROVEMENTS ON DIXIE DRIVE:
Consider a request for City participation in improvements on Dixie Drive.

Project Engineer Jay Sandberg advised that more issues have been worked out with regard to development along Dixie Dirve. The Parks Department has been negotiating for a trail easement and also an easement for the reuse line and irrigation line through the Lillywhite parcel. When road placement was decided, it was discovered that the crest of the curve makes it unsafe to pull out of the proposed driveway, therefore Lillywhite is petitioning the City for participation to lower the road. It was determined that Lillywhite would have to repave the road regardless, and City staff feels it is reasonable to pay $20,000 to assist with this project. In addition, Lillywhite is requesting that the City pay to extend the road and widen it another lane past the centerline of the road in order to have a full roadway width, and they will pay to develop a left turn lane on both ends of their property. Those costs are another $24,000. Therefore, the City's total cost will be $44,000.

City Manager Gary Esplin commented that the reason staff is suggesting the City participate is because Lillywhite is not required to put in the full road width.

Mr. Sandberg commented that is has been an unwritten policy that when someone puts in a fairly significant stretch of road, the City does its share at the same time.

City Manager Gary Esplin commented that normally the City would require concurrency, but in this case Lillywhite is giving the City the master planned full road width at no cost to the City.

City Attorney Jonathan Wright advised that unless an impact study required an extra lane to service their property, the City could not require them to do this.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement in the amount of $44,000. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye

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March 21, 2002
Page Thirteen

The vote was unanimous and the motion carried.

AGREEMENT WITH UDOT/AERONAUTICS DIVISION:
Consider approval of an agreement between the City of St. George and UDOT/Aeronautics Division to facilitate grants for the new airport project.

City Manager Gary Esplin stated that in order to receive federal funds the City anticipates receiving for the new airport, the City must enter into an agreement with UDOT. Federal funds will be passed to the State, who will then pass them through to the City.

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

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held February 21, 2002.

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

Council Member Orton - aye
Council Member Isom - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the City Council work meeting held February 28, 2002.

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

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

MISCELLANEOUS ITEMS:
Council Member Whatcott inquired if the City was pursuing the matter of Cinnamon Hills using the Four Seasons South as part of their campus.

City Attorney Jonathan Wright replied that he would follow through, and their attorney is supposed to contact him with regard to the plan.

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


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March 21, 2002
Page Fourteen

Council Member Isom - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
A motion to reconvene and adjourn was made by Council Member Isom and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

Council Member Isom -aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.



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Gay Cragun, City Recorder