City Council Minutes

Thursday, August 2,2001



REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ST. GEORGE, WASHINGTON COUNTY, UTAH August 2, 2001 4:00 p.m. PRESENT Sharon Isom, Mayor Pro Tem Larry Gardner, Council Member Suzanne Allen, Council Member Rod Orton, Council Member Robert Whatcott, Council Member Jonathan Wright, City Attorney Miriam Palma, Deputy City Recorder EXCUSED Daniel D. McArthur, Mayor Gary S. Esplin, City Manager Gay Cragun, City Recorder CALL TO ORDER Mayor Pro Tem Sharon Isom, called the meeting to order at 4:00 p.m. She welcomed the Council Members and guests and announced that the flag salute would be led by Barry Barnum and the invocation given by Craig Harding. She excused City Manager, Gary Esplin Mayor, Daniel McArthur and City Recorder, Gay Cragun. They are out of town today. Following the invocation and flag salute, Mayor Pro Tem Isom asked Herb Basso to make an announcement. Mr. Basso told those present that the grand opening of the St. George Skate Park would be August 11. He said the dedication would be at 9:30 a.m. and would be followed by a festival with prizes, bands, music, and skating performances by the top five skateboarders in country. Council Member Gardner said he was disappointed to hear about the damage done to the park before its opening and wondered if the work will be completed by August 11. Mr. Basso assured him that staff is on schedule for the opening. He said they think they have taken care of the vandalism problem by spreading the word among the youth to watch for vandals and by asking the Police Department to increase patrols in the area. After Mr. Basso’s presentation, Mayor Pro Tem Isom read a message from Gary Esplin. He said the Snow Canyon girls won their game today. They go on to California tomorrow and if they win there, they go on the world games in Kentucky. Boy Scouts Mayor Pro Tem Isom asked the two Boy Scouts in the audience to come to the podium and introduce themselves. They were: Braxton Wilding - Scout 1st class, Troop 799; working on a communications merit badge. Tyler Hugo - Scout 1st class, Troop 711; also working on a communications merit badge. Noting that it was too early to begin the Public Hearings, Mayor Pro Tem Isom asked that the Council begin by considering an amendment to the Animal Control Ordinance. St. George City Council Minutes August 2, 2001 Page Two ORDINANCES Animal Control Ordinance Jonathan Wright explained that the purpose for revising this ordinance is to define what a responsible adult is in terms of being able to adopt an animal from the shelter. It also provides guidelines to carrying out a pet adoption and, if refused, defines the appeal process. Council Member Allen asked if there had been problems at the animal shelter which needed to be addressed by these changes. Mr. Wright acknowledged that there had been. Council Member Orton made a motion to adopt by resolution the amendment to the Animal Control Ordinance and authorize the Mayor to sign the ordinance. Council Member Whatcott seconded and the motion passed unanimously as follows: Larry Gardner Aye Suzanne Allen Aye Rod Orton Aye Robert Whatcott Aye Mayor Pro Tem Isom asked that Council Members turn their attention to the Resolutions at hand. Sun River, Phase II Mayor Pro Tem Isom asked that Council consider approval of an ordinance vacating the final plat for Sun River St. George, Phase 2B as advertised in an addendum to the City Council Meeting Agenda. Council Member Orton made a motion to approve by ordinance the vacating of Sun River St. George, Phase 2B plat phase. Council Member Whatcott seconded and the motion carried unanimously as follows by roll call vote: Larry Gardner Aye Suzanne Allen Aye Rod Orton Aye Robert Whatcott Aye RESOLUTIONS Condemnation of Property for Dixie Drive Project Mayor Pro Tem Isom asked that Council consider agenda items 5A and 6A6 concurrently. Item 5A requests approval of a resolution authorizing condemnation for right-of-way for the Dixie Drive Bridge project, and item 6A6 is a request for approval of a resolution authorizing staff to continue negotiations for the ROW. Staff is hoping Council will approve both resolutions and give them the opportunity to move ahead in whichever way possible. She asked that Larry Bulloch come to the podium and explain staff’s position to the Council and answer any questions they may have. Mr. Bulloch told Council that he had been given a schedule from the City Manager in which to complete this project. Staff has been negotiating for three years to get a right-of-way on this property and has been unsuccessful. He reiterated that items 5A and 6A6 on the agenda refer to the same property and that one authorized condemnation and the other to complete negotiations. He emphasized that staff would prefer to negotiate, but had, so far, been unsuccessful. He gave a short history of negotiations ending with the fact that all the parties had recently met with the State Ombudsman and made some progress, but not enough. St. George City Council Minutes August 2, 2001 Page Three Council felt they had not discussed this item enough to make a decision. Mr. Bulloch emphasized that staff needs a decision today in order to meet the deadline given them. It was decided to discuss this further in Executive Session before taking action. Condemnation of Property for the Ivins Outfall Line Mayor Pro Tem Isom explained that this item would authorize condemnation of property for a sewer easement for the Ivins Outfall Sewer Line project. Staff has been negotiating with the Burgess family through Bernice Swart, however, the property is the subject of an ongoing dispute between heirs and no one is authorized to sign this right-of-way over to the City. Their lawyer indicates that the best way around the problem is to condemn the property. Jonathan Wright said that their lawyer felt this would be the best way to solve the situation, as they are unable to solve their dispute. This will give them fair market value for the property and they will have the responsibility to split the money as they see fit. Council Member Gardner asked if there had been an original agreement before the property owner’s death. He was told there had not been. Council Member Gardner made a motion to authorize, by resolution, condemnation of property for a sewer easement for the Ivins Outfall Line project. Council Member Allen seconded and the motion passed unanimously as follows by roll call vote: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye PUBLIC HEARINGS Noting that is was 5:00 p.m., Mayor Pro Tem Isom redirected Council’s attention to the Public Hearing section of the agenda. She announced that the first public hearing would be to consider a zone change from PD Commercial to C-2 for property bounded by Diagonal, Bluff and 700 West Streets; with a development agreement with the Fawson family drafted by the City Attorney. Zone Change from PD Commercial to C-2. Mark Bradley told Council Members that Jonathan Wright, working with the Fawson family, had written this agreement which would change the zone from PD Commercial to C-2 Highway Commercial retaining the same requirements; maximum building height of 28 feet; 15% landscaping; signage and all other related matters as under the original PD zone in 1994. He said the Planning Commission had approved the measure by a 7-0 vote. Hearing no questions from the Council, Mayor Pro Tem Isom declared the public hearing open and asked if anyone had come to speak to this issue. Russ Gallion, Attorney at Law, representing the Fawson Family, came to the podium. He said Mr. Bradley had given a good summary of the agreement. He asked that Council Members look at a map of the property. He noted that the property is narrow and has always been difficult work with. Setbacks are 25 ft and since this property doesn’t have a front or back, the 25 ft set back applies to all the way around. Requirements of a PD zone do not work, but rezoning was not received well. He said his client has asked citizens living around the area for their input and had come up with this agreement. He felt this was a compromise that would give a property buyer flexibility for development, while meeting the concerns of the nearby neighbors. He said it would be filed as a covenant of the land purchase. St. George City Council Minutes August 2, 2001 Page Four Council Members discussed the ramifications of C-2 Highway zoning vs the PD Commercial zone. They felt each had their pros and cons. They felt it should be noted, however, that access onto Diagonal is not included under this request. Hearing no further discussion from Council Members, Mayor Pro Tem Isom opened the floor to anyone in the audience who wished to speak to the issue at hand. Jeff McKenna, representing Sun Stone Condominium Corporation, said the Sun Stone Condominium Home Owners Association and Ron Lemmon had spent many years working to get the PD Commercial Zone for that property, as a way of giving them some control over property that is practically in their yard. He asked, "Can it be sold as PD Commercial?" The answer was "Yes." "Can it be developed?" Again, the answer was "Yes." He felt that the change of zoning is to maximize the amount of money they can get from the property. He and his clients feel the zoning should remain the same and that a traffic study should be done to see if another ingress/egress can be given off of Diagonal Street. Rachel Mortensen, said she is a new comer to the situation. She is a new citizen in the United States and appreciates the right to speak to this subject. Her home is across the street from the subject property and said neighbors would be more comfortable if a traffic study was done. They would like to have the property developed, as it is an eyesore now, but they do not want their neighborhoods to suffer from the development. Nathan Fawson said he and his sister had mailed the new development agreement and development plans to homeowners within the 500-yd area. They received no telephone calls so they decided to go door-to-door to meet with and educate the neighbors. They felt they had received support from many of the neighbors at the Sunstone Condos. Council Member Allen, after congratulating Ms. Mortensen on her new citizens’ status, asked if she had received the development plan. She said she had but she is still not fully satisfied that rezoning to C-2 Highway Commercial is in the neighborhood’s best interest. Mr. McKenna asked that a meeting be held with Sunstone residents and the Fawsons to ensure that they understand the agreement and approve. Mr. Gallion said that over the past 10 years there have been many meetings and his clients need an agreement they can use to go forward in developing this property. He further stated that he felt the problem the homeowners are having is over the 2nd story building. Hearing no further comments, Mayor Pro Tem Isom closed the public hearing and asked Council if they had further questions. Council Member Allen asked for a complete list of neighbor concerns. She was told that the 2nd story footage is one problem, the wall around the property is another, the fact that there is no real restriction on businesses that can occupy the property and signage on Diagonal (which would be dealt with in another forum). Russell Gallion returned to the podium to assure Council Members that signs placed on Diagonal Street would follow current restrictions. He said the wall is part of the approved plan and that, by City ordinance, landscaping would be required between the wall and the sidewalk. Council Member Gardner also commended Ms. Mortensen on her recent citizenship and told her that she has chosen as her first act of citizenship one of the great debates, how to deal with the balance between public interest and personal property rights. He commended everyone for the time involved to come to this agreement and felt that, while total consensus will never be reached, this is as close as we will be able to come. Having St. George City Council Minutes August 2, 2001 Page Five said that, Council Member Gardner made a motion to approve, by way of ordinance, the zone change from PD Commercial to C-2 with a development agreement with the Fawson family which was developed by the City Attorney for property bounded by Bluff, Diagonal and 700 West Streets from PD to C-2 Highway Commercial. Council Member Orton seconded and the motion passed unanimously as follows by roll call vote: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye Amendment to Chapter 16 of the Zoning Ordinance to enlarge the size of homes allowed in RV parks from 750 sq. ft. to 825 sq. ft. Mark Bradley told Council Members that this amendment to the Zoning Ordinance would enlarge the size of home allowed in a RV park from 750 sq. ft to 825 sq. ft. He said that residents of the Rio Virgin RV Park are asking for this amendment. There are some homes in that Park now that exceed the 750 sq. ft. limit. The Planning Commission recommends approval of this ordinance with a limit at 825 sq. ft. with units larger that 825 sq. ft. to be grandfathered. Hearing no questions from the Council Members, Mayor Pro Tem Isom opened the public hearing. Red Fryer, a home owner in Rio Virgin RV Park, #100, said he has owned property there since 1977 and built his home in 1988. He is also speaking for Dennis Weise, #254, who lives in a fifth wheel trailer, but would like to build a 913 sq. ft. home there. He said that he was told by Zoning that his house is in non conformance and cannot be sold. Mayor Pro Tem Isom asked if he realized that in the amendment of the Zoning Ordinance his property would be grandfathered in as a conforming use. Mr. Fryer acquiesced the point, but said that his friend Dennis plans to build a larger home. Council Member Allen asked how the residents were told about the size of dwelling that could be erected in the Park. Mr. Fryer said they are told they can have a 750 sq. ft. residence, with as many cantilevered rooms as they wished. He bought property thinking he could build as large as the others as they have received building permits and COs . He intimated that residents would consider lawsuits if they were not allowed to build the size of house they chose. Jonathan Wright explained that in 1995, after many discussions, it was decided that 750 sq. ft. of living space meant just that and could not include cantilevered rooms. He emphasized that a Building Inspector cannot alter the law. This is a case of a law being interpreted the wrong way. He told Mr. Fryer that the law would prevail in a lawsuit. Mr. Fryer became very indignant and accused Mr. Wright of trying to intimidate him. He then left the podium. Mr. Wright told Council Members that the neighbors could go to the Board of Adjustment and could probably get a variance. But the argument that a citizen can choose what version of an ordinance to live under is ridiculous. He also said that many RV Parks wanted limitations on house building in order to protect mobile home parks from being dismantled when houses outnumber RVs. St. George City Council Minutes August 2, 2001 Page Six Council Member Orton was amazed that home owners are allowed to build homes in an RV Park and he was also concerned that allowing homes to be built on RV Park size lots was unfair to subdivision builders who are held to a higher standard. Council Member Whatcott asked for clarification. If a house did not meet building code and was not given a conforming use by the Board of Adjustments or grandfather in, conceivably the owner could be asked to tear down the house. He was told that could happen. David James Elder, Rio Virgin RV Park, #192, said this action had come about because of him. He had requested that the living area be raised to 915 sq. ft. because that is the maximum size an RV can be when it is fully cantilevered. He said his action has snowballed and created tension among neighbors, but he still feels the City is responsible for the situation because they allowed oversized buildings and cantilevering to go on for many years. He said he can live with 825 sq. ft, but would prefer that the change be to 919 sq. ft. Joseph Iransky said that two years ago he purchased two adjoining lots with the thought that he would build one large home on them. He felt there should be minimum home sizes, not maximum. Doug Cambell , President of Rio Virgin Board of Directors, said he agreed with the 825 sq. ft. maximum. He said that size home will still allow for good setbacks and make the property look better. He felt this would be the best for the park and the majority of property owners. Red Fryer declared that the Home Owners Association has no authority. Mayor Pro Tem Isom asked if anyone else had come to speak to this matter. Hearing no reply, she declared the Public Hearing closed and asked if Council Members had any questions. Council Member Orton asked Mark Bradley how we have allowed oversized RVs to be placed on lots specifically designed for living space of 750 sq. ft. Mr. Bradley said it had been a misinterpretation of the ordinance by not counting the cantilevered areas as living space. Council Member Orton asked how it came about that the City had allowed homes to be built on RV lots when there are lots of subdivisions in which to erect a home and they could have the size they wanted. Mr. Bradley said the ordinance allows for stick-built homes in RV areas. Council Member Orton said he had been approached many times and asked to provide spaces for RVs. He felt the City has an obligation to provide for these needs. He reiterated what he said earlier about the fact that this is unfair competition for developers who are required to build on larger size lots. He told those present that he feels this item needs more dialogue. Do we want to continue to this way and if so, how should we proceed. Council Member Whatcott agreed with Council Member Orton that the matter required more research. He also did not feel that the Zoning Ordinance should be changed to fix a problem at Rio Virgin. Council Member Whatcott made a motion to deny approval of a request to amend the Zoning Ordinance (Chaper 16, Mobile Home Zone) to enlarge the size of homes allowed in RV parks from 750 sq. ft. to 825 sq. ft. and recommend that the inspectors be given more training in enforcing the Zoning Ordinance. St. George City Council Minutes August 2, 2001 Page Seven After further discussion Council Member Whatcott withdrew his motion and made a motion to table the issue until staff could present more research to Council and further discussion could be undertaken. Mayor Pro Tem Isom called for a roll call vote which passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Aye Council Member Gardner Aye Mayor Pro Tem Isom said she would aks Gary Esplin to get this issue on a future work meeting agenda. Ordinance Amending the Road Dedication Plat for Stonebridge Drive and Country Lane Mark Bradley indicated that this amendment would correct a minor error on the road dedication plat for Stonebridge Drive and Country Lane. The intersection is in the correct place, but this will correct a surveying error. Council Members asked if the change meets the intent of the original plat. Mr. Bradley said it does. Mayor Pro Tem Isom opened the Public Hearing and asked if anyone had come to speak to the issue at hand. Hearing none she closed the Public Hearing and asked for a motion. Council Member Allen made a motion tp approve an amendment to the road dedication plat for Stonebridge Drive and Country Lane to correct a surveying error, initiated by the City of St. George. Council Member Gardner seconded the motion and it passed unanimously as follows by roll call vote: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye STAFF REPORTS Southern Utah Shooting Park Advisory Committee Paul Glendell, a member of a county-appointed committee to form a shooting park, addressed the Council. He said his committee would like to build a countywide shooting facility that would encompass all kinds of shooting as well as being a training facility for law enforcement. He announced that a 526 acre site has been leased from the BLM with the ultimate goal of purchasing the property. He said the shooting range would include areas for shotguns (trap and skeet), paintball, archery, and they hope to build a building to house a hunter education classroom and have a park for family activities. The committee feels they can get a $250,000 grant from the US Fish and Wildlife tax on firearms and ammunition. He told Council Members he had come tonight to ask the Council to appoint a liaison from the City to work with their committee. Mayor Pro Tem Isom took the information from Mr. Glendhall and told him she would get with Mayor McArthur to make this appointment. She felt he should be the one to do it. Council Members asked where the property is located. Mr. Glendhall said it is South of the fairgrounds between there and the County landfill. It is roughly 1 sq. mile in size. He said St. George City Council Minutes August 2, 2001 Page Eight the committee has fenced the area and has begun to address drainage problems. He told Council Members that the lease with the BLM is for 10 years and after that time if the property is being used constructively and being kept up, they will sell it to the entity at approximately $1 per acre, but it must be left in perpetuity as a shooting facility. Construction must be approved by Fish and Wildlife. Mr. Glenhill was asked if there will be a charge to use the facility. He said they do not know at this time, but they hope not. Council Member Gardner asked if this facility would complement the existing law enforcement shooting range. Mr. Glenhill felt that the county shooting facility would one day replace the present facility as the population was moving closer to the old facility. He said he had talked to the Regional Police Chiefs and the Sheriff and he felt all were enthusiastic about this facility. Battle of the Bands Jonathan Wright told Council Members that the Battle of the Bands has requested approval to hold a special event at the Sunbowl on October 13, 2001 and have the fee waived in lieu of a percentage of the profits. He said the City does not like to do business this way, because if the event is not successful the City is left with the bill for clean up and repairs. Lynne Scott, Parks Superintendent, said that the Battle of the Bands was approved for a fee waiver last year and the City did not get their money. Council Member Whatcott made a motion to deny a request for a fee waiver for a special event for a Battle of the Bands to be held at the Sunbowl on October13, 2001, Chris Bradshaw applicant. Council Member Orton seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Aye Council Member Gardner Aye Ivins Outfall Change Order Barry Barnum asked that Council consider approval of a change order for design services for the Ivins Outfall sewer line in the amount of $14,000 to Rosenberg Associates. Mr. Barnum stated that this has been a lengthy and complex project. Design began two years ago and since that time several changes have been made. A trunk line to serve the Plantations was added and it was decided to lay the water reuse line at the same time to save money which changed the design. He admitted he had been the cause of some of the Change Order because of promises made to property owners to expedite the process. Council Member Whatcott asked if the water reuse line was part of the Shivwitts Band settlement. Mr. Barnum acknowledged that it is. He said the Water Reuse line will be on the same alignment as the St. George/Santa Clara Canal. The canal water will be piped in the reuse line until Water Reuse comes on line. The canal water will then become part of a pressurized irrigation system. Council Member Whatcott noted that this is a substantial increase in the contract and asked if it would complete the project. Mr. Barnum felt it would. Council Member Whatcott made a motion to approve a change order for design services for the Ivins Outfall sewer line in the amount of $14,000 to Rosenberg Associates. Council Member Orton seconded the motion and it passed unanimously as follows: St. George City Council Minutes August 2, 2001 Page Nine Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye Affordable Housing Committee Mayor Pro Tem Isom asked that Council consider approval of a recommendation from the Affordable Housing Committee regarding the Impact Fee Deferral program. She asked that Anthony Graham, a member of the Affordable Housing Committee, come to the podium and talk about the Impact Fee Deferral Program. Mr. Graham said this program has been available for several years, but is rarely used because it is so difficult to understand. Lenders in the area got together and decided to try and make it more user friendly. They contacted the most common low cost lenders such as Fannie Mae, Freddie, and HUD to get their input and then revised the program. The major change would be that after Council has set the number of deferrals available for the year, then builders would actually pay all the impact fees at the time of the permit being taken out. With Council authority, the Housing Authority would then allocate the number of fee deferral vouchers available during a certain time period. At the time the home is purchased and closed, the City would issue a rebate check in the amount of the impact fees paid to the title company on behalf of the eligible buyer. At the time of closing, a lien would be placed upon the property on behalf of the City guaranteeing that the City would receive payment of the impact fees should the home be sold within 15 years to an ineligible buyer. This would allow the impact fees to be shown as a down payment, and allow more eligible persons to qualify for homes. Council Member Allen asked how prospective buyers would find out about the program. Mr. Graham said the information would be made available to all builders, lending institutions, Board of Realtors, Home Builders Association and other agencies. It will be administered on a first come first served basis. When asked, Mr. Graham said this program was only applicable to new homes because of the impact fees, but that there are other loans available to buy and rehabilitate older homes. He asked that Council approve going forward with this program. Jonathan Wright said he has not seen the whole program. Council Member Orton made a motion to approve the Impact Fee Waiver Program with the provision that it is submitted to Jonathan Wright and meets with his legal approval. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Aye Council Member Gardner Aye FBI Training Academy Mayor Pro Tem recognized Officer Russ Peck as having recently returned from the FBI academy in Quantico, Virginia. Officer Peck thanked the Council and Chief Stratton for sending him to the Academy. He said it was a great experience. Officer Peck explained that these classes sponsored by the FBI are designed to bring law enforcement executives from around the world to learn the latest and greatest in techniques and equipment. While there he had classes in constitutional law, forensic science, and other related classes, plus physical training. He again thanked the City for allowing him to go to the course and said he is planning to teach these classes in Southern Utah. St. George City Council Minutes August 2, 2001 Page Ten Property Donation Mayor Pro Tem Isom explained that this item was discussed at the last City Council meeting. It involves a donation of property from Paul Jensen in the Springs Subdivision to the City for a neighborhood park. Mr. Jensen said the land would be donated with a joint use agreement to allow the property owners to use the pond and surrounding area. Mayor Pro Tem Isom clarified that part of the donation was that a memorial be placed in the park to honor Mr. Jensen’s late son. Mr. Jensen agreed that is what his family wants. Council Member Gardner thanked Mr. Jensen for the generous donation of property and made a motion that the City receive the donation of the pond and surrounding area with a joint use agreement to allow property owners to continue to use the area and place a memorial in the park to honor Mr. Jensen’s late son. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye All Council Members expressed their appreciation to Mr. Jensen for the donation. Royal Limousine Service Mayor Pro Tem Isom asked that Council consider approval of a business license for a limousine service, Michael McLaughlin, Jr., Royal Limousine Service, applicant. Mr. McLaughlin explained that his home office is in Hurricane. He has obtained a Hurricane City business license and submitted all the paper work necessary to obtain a St. George City Business License. Council Member Gardner made a motion to approve a business license for Royal Limousine Service, Michael McLaughlin, Jr., applicant. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Aye Council Member Gardner Aye Board and Commission Appointments Council Member Allen asked that Mayor Pro Tem Isom make two appointments to the Arts Committee. She said Mayor McArthur had talked to these two women and had informally approved their appointment. The two appointments are: Ann Otten; Arts Committee; Visual Arts and Kanna Beck; Arts Committee; Education. Council Member Allen made a motion to approve the appointments of Ann Otten; Arts Committee; Visual Arts and Kanna Beck; Arts Committee; Education. Council Member Orton seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye St. George City Council Minutes August 2, 2001 Page Eleven Council Member Allen Aye Council Member Gardner Aye Executive Session Mayor Pro Tem Isom asked for requests for an Executive Session. It was decided there were several items to discuss. Council Member Allen made a motion to adjourn to Executive Session at 6:50 p.m. Council Member Orton seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye Reconvene Mayor Pro Tem Isom reconvened City Council Meeting at 7:25 p.m. She asked that Council turn their attention back to the Dixie Drive Extension Project. She reminded Council Members that they would be considering agenda items 5A and 6A6 at the same time. Item 5A requests approval of a resolution authorizing condemnation for right-of-way for the Dixie Drive Bridge project, and item 6A6 requests approval of a resolution authorizing staff to continue negotiations for the ROW. Council Member Orton made a motion to authorize staff to purchase required land for the Dixie Drive Extension project through continuing negotiations or to exercise condemnation as a last resort. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Aye Council Member Gardner Aye Minutes Mayor Pro Tem Isom asked that Council Members consider approval of the minutes of the regular City Council meeting held July 19, 2001. Council Member Gardner said he thought the irrigation discussion was part of the Executive Session and should not appear in these minutes. Other Council Members agreed and no motion was made until the City Recorder could review the tape and see if the irrigation discussion belonged in the Regular City Council Meeting Minutes. Adjournment Hearing no further discussion, Mayor Pro Tem called for a motion to adjourn. Council Member Gardner made a motion that the August 2, 2001 St. George City Council meeting be adjourned at 7: 50 p.m. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Aye Council Member Gardner Aye ______________________________ Miriam Palma, Deputy City Recorder