City Council Minutes

Thursday, December 12,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 12, 2002, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM and CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Sharon Isom
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Larry Gardner
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
City Manager Gary Esplin

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The salute to the flag was led by Mayor McArthur, and the invocation was offered by Council Member Allen.

DISCUSSION WITH LEGISLATORS:
Present were Brad Last, Bill Hickman, Steve Urquhart, and David Clark.

Council Member Isom inquired if the Governor was planning on taking away the municipalities? water money.

Mr. Hickman replied that he did not think the Governor would do that as he did not have the votes.

A discussion then took place concerning the 1/16 of a cent sales tax and a proposed surcharge on culinary water systems.

Mayor McArthur raised the issue of liquor law funding and the need to have it reinstated as the City prosecutes most of the DUIs within the City and needs funds for administering the program.

Council Member Isom commented that it was not fair that property taxes were being raised to fund new libraries as everyone gets to vote, yet it is only those who own property who have to pay.

Mr. Hickman advised that money for the St. George Blvd. resurfacing project is still in place.

Council Member Allen commented that the issue of legislation to undue legislation concerning drug busts and confiscated property was discussed at the recent League meetings.

Mr. Hickman advised that previously an initiative was passed which took away funds from law enforcement for drug busts and confiscated property and shifted those funds to education. This has not had the success anticipated, and there is now a plan to bring back the original legislation and possibly split the money.

Mr. Hickman advised that there will be a special legislative session on Wednesdaydesigned primarily to handle the shortfall of $117.3 million in the current budget.

City Attorney Shawn Guzman advised that the City is interested in the justice court bill.

Mr. Urquhart commented that the tort action liability would flow to local government, and the control issue made sense.

City Attorney Shawn Guzman advised that a recent decision in Toone v Weber County required that before a city can accept any widening, removal, narrowing, abandonment, vacation, change of use, etc. to any ground located within the municipality, it has to submit the action to the Planning Commission for a recommendation. The City is not in favor of this and it appears to be just one more hoop to jump through as a public hearing must be held even to lease property.

Mr. Hickman advised that he would continue to watch the issue and advise the Mayor if something comes up in the House or Senate so that the City can have the opportunity to review it.



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December 12, 2002
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City Attorney Shawn Guzman advised that a recent decision in Laney stripped away governmental immunity with regard to proprietary functions. He stated he felt this was a case of the courts stepping into a legislative role. He commented that a sponsor was needed for a bill that provides for no governmental immunity caps.

Mr. Hickman replied that the bill had to have a sponsor, and he would keep the City informed.

Mr. Urquhart was excused from the meeting.

David Clark advised that the legislative task force on telecommunications dealt primarily with taxes on telephones, both mobile and land lines, and there is a proposed bill which will dramatically change franchising and rights-of- way. The League of Cities and Towns supports it. Mr. Clark advised that there is also a bill concerning an equalized sales tax to address internet issues. The intent is to try and find a program to provide uniformity to each state in internet sales and collection of the sales tax.

Council Member Allen advised that there is major concern at the local post office because the postal service has canceled their contract with Alpine Air, and the mail is no longer being flown to and from St. George.

Mr. Clark advised that he served on a committee this summer to discuss the second home tax issue.

ADJOURN:
A motion to adjourn to Board of Equalization hearings for SID 99-3 was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

RECONVENE:
At the conclusion of the Board of Equalization hearings, the regular City Council meeting reconvened.

MEETING WITH OK FOUNDATION:
A brief meeting was held with representatives of OK Foundation concerning the Interlocal Cooperation Agreement scheduled for the City Council meeting of December
19. Kent Norton explained that bond counsel advises the term of the agreement would be no longer than the term of the bonds, and there is a specific provision that provides if the bonds are refinanced before they come to term, this would extinguish the interlocal agreement. Additionally, no other bond application will be able to tack onto this transaction.

Council Member Orton inquired of Mr. Norton if service could be refused.

Mr. Norton replied that if one of the patients develops Alzheimers, he or she will need to go somewhere else. However, as long as the patient can make do with the level of service provided, even if they run out of money, they will not be ?booted? out.

Council Member Whatcott inquired who would own the property. He was advised that the 501(c)(3) would own the property.

Council Member Isom declared a conflict of interest as she is preparing the paperwork, but advised she would vote.

The City Council then moved to the City Council Chambers.

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

A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the financial statement as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the purchase of PMH vaults, transformer pads and
light bases for the Energy Department.

Purchasing Agent Sue Swensen presented three bids received:

Armor Precast $92,125
Upwall Precast $39,075
Sorden?s Precast $36,615

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December 12, 2002
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She recommended award of a blanket contract to the low bidder, Sorden?s Precast, in the amount of $36,615.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to the low bidder, Sorden?s Precast, in the amount of $36,615. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the purchase of PRV stations for the Water Resourses Department.

Purchasing Agent Sue Swensen advised these are a sole source item manufactured by Engineered Fluid, Inc. She recommended award to Engineered Fluid, Inc. in the amount of $53,147 for the PRV stations located at 700 South Main and Indian Hills Drive.

A motion was made by Council Member Allen and seconded by Council Member Isom to award the bid to Engineered Fluid, Inc. in the amount of $53,147. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the purchase of parts for the Tonaquint pump station.

Purchasing Agent Sue Swensen advised this purchase is a sole source item from Soft Start/Soft Stop Pump to match existing equipment at the Tonaquint pump station. The manufacturer?s representative is D. Blake Electric. She recommended award of the bid to D. Blake Electric in the amount of $30,776.73.

Council Member Orton inquired how one qualified as a sole source.

Ms. Swensen explained a sole source provides unique equipment. D. Blake Electric is the Utah representative for the manufacturer.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to D. Blake Electric in the amount of $30,776.73. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the purchase of a modular building for the SunTran System.

Purchasing Agent Sue Swensen presented the bids received:

Williams Scotsman $45,334
Resun Leasing $47,665
G.E. Capital Modular $62,762

She recommended award to the low bidder, Williams Scotsman, in the amount of $45,334.

Mayor McArthur advised that the transition of DARTS to SunTran will take place January 2, 2003. He advised that buttons for First Night are now on sale, and one of the SunTran vans with the new color scheme will be on display that night.

A motion was made by Council Member Isom and seconded by Council Member Orton to award the bid to the low bidder, Williams Scotsman, in the amount of $45,334. Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider adoption of a resolution appointing a Trustee to the Board of Trustees of the Mosquito Abatement District.

Mayor McArthur recommended that Council Member Gardner be appointed to serve on the Board of Trustees of the Mosquito Abatement District.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to appoint Council Member Gardner to serve on the Board of Trustees of the Mosquito Abatement District. Mayor McArthur called for a roll call vote, as follows:





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December 12, 2002
Page Four

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider adoption of a resolution abandoning a public utilities easement in the Pine View Commercial Center Subdivision.

Public Works Director Larry Bulloch explained that lots in the Pine View Commercial Center Subdivision are being realigned to make fewer lots in order to accommodate the market.

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

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider adoption of a resolution abandoning a public utilities and drainage easement between Lots 14 and 15 in the Bloomington Country Club No. 10 Subdivision.

Public Works Director Larry Bulloch advised that problems are being created in the Bloomington area by property being split up and drainage easements being sold. Some sort of coordination is necessary to that the City is aware of when this is happening so accommodations for drainage ways and other public improvements can be made. He proposed that an overall master plan of the area showing the lots proposed for sale be reviewed so that agreement can be had on how to handle these issues. He suggested that a work meeting be scheduled with representatives of the Bloomington Country Club to address these issues and review the overall plan.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the resolution. 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
Council Member Isom - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider adoption of a resolution appointing a representative to the Utah Associated Municipal Power Systems.

Mayor McArthur recommended that Philip Solomon be appointed as the City?s representative to UAMPS.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve a resolution appointing Philip Solomon as the City?s representative to UAMPS. Mayor McArthur called for a roll call vote, as follows:

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




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December 12, 2002
Page Five

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman advised that an alternate representative also needed to be appointed.

Mayor McArthur suggested Gary Esplin be appointed as the City?s alternate representative to UAMPS.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve a resolution appointing Philip Solomon as the City?s representative to UAMPS, and Gary Esplin as the City?s alternate representative to UAMPS. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

ANNUAL AUDIT REPORT:
Presentation of the annual audit report.

Ken Hinton reported that overall the City is healthy financially, and the audit test work found the financial statements of the City to be in good order and the audit test work found no material instances of non-compliance with federal or state laws. He reported that the audit was clean, as were the financial statements.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 26, 2002, recommended that public hearings be scheduled for January 9, 2002 at 5:00 p.m. to consider (1) an amended PD Commercial zone to revise the commercial and open space boundaries to extend the buildable commercial area for the Tonaquint Center located at 1600 South Dixie Drive; and (2) an amendment to the parking ordinance for nursing homes.

A motion was made by Council Member Allen and seconded by Council Member Isom to schedule the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AMEND PRELIMINARY PLAT/DESIGN REVIEW:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 26, 2002, recommended approval of an amendment to the preliminary plat and design review for Woodbridge located at 1301 W. Indian Hills Drive, with 64 units and the color of the stucco and tile roof to match the existing buildings. Kent Frei is the applicant.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the preliminary plat and design review as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 26, 2002, recommended approval of the preliminary plat for a four lot subdivision in an M-1 zone in the St. George Industrial Park at 770 North 1050 East subject to details of the 1080 East Street alignment being worked out with City staff during the construction drawing stage to identify the most suitable location for connection with the adjacent property. As part of the proposed subdivision a portion of the City?s master planned road will be dedicated. Western Rock Products is the applicant.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 26, 2002, recommended approval of the preliminary plat for Sun River Phases 8 and 9 with 89 units located on Sun River Parkway. Improvements along Sun River Parkway will be completed at the smae time for both phases. Access to the

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December 12, 2002
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Atkinville wash will be provided between Units 699 and 700 off of the T-intersection of Sunstar Drive and Big River Drive. Scott McCall is the agent.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting November 26, 2002 recommended approval of the final plat for Sun River Phase I, Plat 1C.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, its meeting held November 26, 2002 recommended approval of the final plat for Wailea Falls at Stonebridge Phase I.

A motion was made by Council Member Allen and seconded by Council Member Isom to approve the final plat and authorize the Mayor to sign it.

Council Member Whatcott commented that the City needed to make sure that Wailea Falls at Stonebridge lived up to the requirements of the landscaping agreement and that reparations will be acceptable to the City. He suggested the project be watched closely.

Associate Planner Mark Bradley advised that the landscape plan is part of the construction drawings and will have to be adhered to.

Alan, a representative of Rosenberg Associates, advised that the landscaping plan is being followed and an agreement is in place for the developer to improve the landscaping phase by phase.

Council Member Whatcott recommended that before another phase is approved, the City Council should see the finished product.

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

Associate Planner Mark Bradley explained that once the construction drawings are approved, the developer can move ahead with the project before the final plat is presented. A site visit should be scheduled before the construction drawings are approved for the next phase.

Council Member Isom asked to be advised before the plans were submitted to the planning staff meeting.

Mr. Bradley advised that the preliminary plat was already approved, so the second phase will go before the planning staff. When construction drawings are presented staff will advise the City Council and schedule a site visit.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a new intermediate school on the southeast corner of Mall Drive and 270 South Street. Washington County School District, applicant.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for an accessory building with a nine foot wall located on the property line at 1418 W. Pebble Creek Drive. Tracy Ence, applicant.

Associate Planner Mark Bradley explained that the ordinance requires that a wall be no higher than 8'. In this instance the 9' wall is the garage wall and it is being built to the property line. Drainage will be contained on the applicant?s property. The adjacent neighbor is not happy with the garage, but did not show up at the Planning Commission meeting nor send a letter in opposition. The roof is under the 15' height limitation in the ordinance, but staff is concerned about the wall height and its imposition upon the neighbor. The ordinance requires that accessory buildings and detached garages be


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December 12, 2002
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measured from adjacent property. The Planning Commission recommended approval based on the fact that the building wall is at 7' from the neighbor?s elevation grade.

Council Member Gardner commented it appeared that from the adjacent property side the wall is a foot less in height than what could be built, and the roof is almost two feet less.

Mayor McArthur commented that looking at it from adjacent property will set a precedent for the future.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit.

Mr. Bradley expressed concern that the wall height is more than 8', and the level of construction at Mr. Ence?s grade is 9'. If the neighbor wanted to build an 8' wall, it would be a violation from Ence?s side as the ordinance makes reference to height being measured from the adjacent property. However, in this case it works well.

Council Member Orton inquired of staff if they had a recommendation.

Mr. Bradley replied that staff had no recommendation. The wall definitely impacts the neighbor, but it meets the requirements of the ordinance.

Council Member Whatcott inquired if the eaves of Mr. Ence?s garage hung over onto the neighbor?s property.

Tracy Ence, applicant, replied that the wall is totally on his property and the eaves are inside of the wall and do not hang over. He will also provide a rain gutter which will drain onto his property.

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

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit modifying the plan for the new Senior Citizen Center at 245 North 200 West. Washington County, applicant.

Associate Planner Mark Bradley advised that the new Senior Citizen building is proposed to have a height of 48'3". The new proposed site layout encompasses additional land adjacent to the existing center. The building size and elevation will remain the same. The change includes several parcels where the existing dwellings and structures would be demolished. The overall parking plan with 124 spaces is an improvement from the plan previously approved by the City Council with 115 spaces, and access will be provided to 300 North. The Planning Commission recommends approval subject to (1) remnant parcels meeting the Zoning Ordinance and (2) land acquisition be finalized. Randy Smith is the agent.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for expansion of the Westside Baptist Church at 2299 West 2000 North. Randall Smith, applicant.

Associate Planner Mark Bradley advised that the church received a conditional use for the site in 1995. In 1998 they came back in for an expansion to the south, and they are now proposing a new two story building for recreational uses and classrooms. Approval is also sought for an additional 32 parking spaces, for a total of 82 spaces. A day school on the site has been operating as part of the church since 1999 and it is a private academy for members of the church only. There are currently 24 students in the kindergarten to 12th grade range and four teachers. The Planning Commission recommends approval of the conditional use permit because of the staggered uses and times, with the stipulation that the school must be approved through another conditional use process if the school was not included in the original approval.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the conditional use permit and parking plan subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.


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CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a new building not to exceed 40 feet in height on the Catholic Church site to be used as a thrift store, book store and meetings rooms, and to consider the number of parking spaces required.

Associate Planner Mark Bradley advised that a new three story building for a thrift store, book store, classrooms, offices, a library, and file room is proposed on the Catholic Church site. The building will not exceed 40' in height. The parking plan submitted shows only 50 parking spaces, whereas 60 parking spaces would normally be required. Due to the unique combination of uses and operation times, the applicant requested that the Planning Commission and City Council determine the number of parking spaces required, as allowed in the ordinance. The applicants have also submitted a letter of agreement with Metcalf Mortuary allowing the church to use their parking. The Planning Commission recommends approval subject to the following conditions: (1) the height not exceed 40'; (2) the marked-up site plan showing the changes to the parking lot; (3) a stipulation that the ownership and uses remain the same or the conditional use is to be voided; (4) create a shared parking agreement with the Catholic Church; and (5) approval of the number of parking spaces due to the various hours of operation and uses. There is a provision in the ordinance which allows the Planning Commission to look at overall uses in making its recommendation to the Council, and if the uses change, the matter will have to come back for further approval. Gil Barnes is the agent.

City Attorney Shawn Guzman inquired if the shared parking agreement would assure enough parking should some of the parcels be sold. He recommended that the agreement be submitted in a form acceptable to the City.

Mr. Bradley advised that Deputy City Attorney Ron Read would draft the agreement.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the conditional use permit and number of parking spaces subject to the recommendations of the Planning Commission, and subject to a shared parking agreement acceptable to the City. Mayor McArthur called for a vote, and all voted aye. The motion carried.

MEDICAL SERVICES AGREEMENT:
Consider approval of a medical services agreement with Dr. David Barnett, M.D.

Fire Chief Robert Stoker advised that Dr. David Barnett has acted as Washington County?s medical physician advisor for all agencies in the County. Last year the State adopted a new rule which requires adoption of an official agreement for these services. The fee for his services is $100 a month. Deputy City Attorney Ron Read has reviewed and approved the form of the agreement.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SIGN VARIANCE:
Consider a request for a sign variance at McArthur?s Jewelers, 41 North Main. Tom McArthur, applicant.

This item was tabled.

APPOINTMENTS:
Appointments to various boards and commissions.

Mayor McArthur recommended that Sarah Urquhart and Susan Burkes be appointed to the Pioneer Center for the Arts Foundation Board.

A motion was made by Council Member Allen and seconded by Council Member Isom to appoint Sarah Urquhart and Susan Burkes to the Pioneer Centers for the Arts Foundation Board. Mayor McArthur called for a vote, and all vote aye. The motion carried.

Mayor McArthur inquired if the Chair of the Pioneer Center for the Arts Foundation could sit on the Arts Commission as a non-voting member but participate in the discussions, and perhaps look at voting at a later date.

City Attorney Shawn Guzman replied that he would need to review the formation documents, but a non-voting member would not incur any cost or liability to the City.



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Mayor McArthur suggested that such appointment be made subject to review by the City Attorney.

A motion was made by Council Member Isom and seconded by Council Member Orton to appoint the Chair of the Pioneer Center for the Arts Foundation Board as a non-voting member of the Arts Commission, subject to review by the City Attorney. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held November 14, 2002.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes as amended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held November 21, 2002.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minutes as amended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss pending litigation and property purchases was made by Council Member Isom and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

DOWNTOWN PARKING STRUCTURE:
City Attorney Shawn Guzman advised that the downtown parking structure agreement will be structured so that the City leases the entire structure for a nominal amount, and the Main Street Partners will acquire a license to use the same amount of space previously agreed to. They want to ensure that they are indemnified if something occurred at or to the building, such as structural damage, and the City cannot have an insurable interest in the structure unless it leases or owns it. The City will perform maintenance and split the cost 60/40, with the City?s cost being 40%. Insurance costs will be broken down and made a part of the building maintenance cost.

Community Development Director Bob Nicholson advised there was also discussion about the possibility of Main Street Partners gifting the structure to the City at some time in the future. He explained that right now the main goal is not to form a parking district or other mechanism to help with the structure, but that option is still left open. Main Street Partners will retain their right to buy back the structure in ten years under the same provisions.

Council Member Gardner announced that a groundbreaking ceremony would take place if conceptually the project was on track. If not, the ceremony would be canceled.

Mr. Nicholson explained that the Parking Advisory Committee endorsed the proposal with the idea of a 40 year minimum given the location and the fact that there would be designated public stalls and the right to use all of the stalls after hours and on weekends.

DISCUSSION RE KARL LARSEN:
Community Development Director Bob Nicholson advised that he met with Karl Larsen who dropped off copies of a proposed site plan. Mr. Larsen is trying to decide whether the Southgate property is worth it, or if the City Council felt it is not in the cards. Regardless, Mr. Larsen has committed to purchase the Bundy property.

Mayor McArthur commented he felt both locations were too far from a freeway exit, and he would prefer to see the project at the new Sun River Interchange.

Mr. Nicholson explained there would be possible total of 1,880 units. Mr. Larsen is looking for input from the City Council. Mr. Nicholson stated he suggested that Mr. Larsen include some conventional housing, but Mr. Larsen prefers to keep the entire project in RVs.



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Council Member Orton commented that he did not think the entire area should be developed with RVs, but given the blue clay issue, he did not doubt that some day the area would contain an RV park.

Council Member Isom commented she felt OK about the RV park on the Southgate property, but it should be less dense.

Council Member Gardner inquired how the City established a critical mass number.

Mayor McArthur suggested that the Southgate site be approved, but with less units than requested.

City Attorney Shawn Guzman advised that the proper procedure should be followed, as Mr. Larsen could say that based on the City?s representations, he incurred financial obligations to his detriment and then found out he could not build the number of units he desired.

Mayor McArthur suggested that the project be approved for perhaps 50-60 acres, with more in the future if it works out.

City Attorney Shawn Guzman replied that the City should make it absolutely clear that it is not committing to anything at all, and the project would be subject to all applicable requirements.

Mr. Nicholson advised that Mr. Larsen knows he cannot have a commitment, but he needs to make a decision so that he can move forward with the Bundy property. If the City Council indicated to Mr. Larsen not to do the project on the Southgate property, he would proceed with the project on the Bundy property.

Council Member Allen declared a conflict of interest as Mr. Larsen spoke with her husband about doing the electrical work for the project.

Mayor McArthur suggested that Mr. Larsen be told that he is proposing too many units on the Southgate property, but the City would be interested in looking at perhaps 50 acres for development now if the project meets all requirements. If everything worked out and there was not a detrimental impact, perhaps the project could be expanded later.

Council Member Gardner suggested that Mr. Larsen be contacted to determine the minimum number of units he would accept on the Southgate site.

UPDATE ON WATER AND POWER BOARD:
Council Member Whatcott gave a brief update on recent Water and Power Board meetings and projects within the Water and Power Departments. He also reported on a recent UAMPS meeting.

The meeting then adjourned.



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Gay Cragun, City Recorder