City Council Minutes

Thursday, September 23,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 23, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Gail Bunker
Councilmember Gloria Shakespeare
Councilmember Ben Nickle
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He then led the pledge of allegiance to the flag. The invocation was offered by Pastor Jimi Kestin.

Ralph Flannagan, representing the Exchange Club, invited everyone to attend the Mayors Walk on October 2 at 7:00 a.m. at the Bluff Street Park. He advised there will be 1200-1500 walkers and a scone breakfast. All money raised goes to support youth activities. He then presented the Mayor and Council with Mayors Walk t-shirts.

Mayor McArthur announced that DocUtah is going on now and will be a major event in the community in future years. It will run until September 26th.

Mayor McArthur announced there is one addendum item.

CONSENT CALENDAR:
Consider approval of the financial statement for August, 2010.

City Manager Gary Esplin advised it has only been the first two months in the new fiscal year but the City appears to be in good shape. Sales tax has come in above projections and staff is cautiously optimistic it will be a better year.

MOTION: A motion was made by Councilmember Bunker to approve the financial statement.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye

AWARD OF BID:
Consider award of bid for a 2011 sewer combo cleaning machine for the Wastewater Division.

City Manager Gary Esplin explained that this item and the next go together as the City is bidding two components.

Purchasing Manager Connie Hood recommended award of the bid to Maric Sales. An evaluation team reviewed life cycle costs and the best bid was in the amount of $98,157 from Maric. In the long term, theirs will be the lowest cost.

Councilmember Bunker inquired if both bids contained a buy-back.

Courtney Stephens replied that they did.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
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September 23, 2010
Page Two

Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a 2010 truck for the sewer combo machine (cab unit).

Purchasing Manager Connie Hood advised that the sewer combo machine will be mounted on this truck. She recommended award of the bid through the state contract to Rush Truck in the amount of $112,360. There is not a local source in St. George, but the City does use Rush Truck for service parts.

MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin commented that years ago the City used to have a number of sewer back-ups, but since the City adopted a policy of preventive maintenance, the City has had very few claims.

AWARD OF CONTRACT:
Consider approval of a contract for the mural in the new terminal building.

Purchasing Manager Connie Hood recommended approval of the contract with Greg Abbott in the amount of $42,000.

Gary Sanders explained this amount includes the mural in the baggage claim area and does not include the tiles previously discussed with the Council.

Councilmember Bunker explained Mr. Abbott was selected through an adjudicated process decided by a committee.

Mr. Sanders advised the mural will be 7' x 35'.

Councilmember Almquist inquired what the artists liability insurance would cover.

City Attorney Shawn Guzman replied the insurance would cover any injury from actions of the artist.

MOTION: A motion was made by Councilmember Bunker to approve the contract.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AWARD OF CONTRACT:
Consider award of a purchase contract for Replacement Airport terminal building hold room furnishings.


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September 23, 2010
Page Three

Purchasing Manager Connie Hood recommended award of the bid to Arconus, a Canadian company, in the amount of $47,278, which was significantly less than Hendrickson Butler. She recommended award in an amount not to exceed $48,000. The next lowest bid came in at $86,453.75.

Councilmember Pike commented the City would love to use a local contractor and an American product, but the cost is almost twice as much.

Councilmember Almquist commented at some point the taxpayers dollar is more important.

MOTION: A motion was made by Councilmember Pike to award the bid to Arconus in an amount not to exceed $48,000.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

APPROVAL TO ORDER NEW TRANSIT BUS:
Consider approval to order a new transit bus.

Purchasing Manager Connie Hood advised that after evaluation of the buses, the Gillig buses out-performed the Optima buses.

City Manager Gary Esplin stated the City has both types of buses and there is a 14 month lead time to get the Gillig bus so staff would like to order it now. With use of some federal funding and a local match, the City has enough to purchase the new bus.

Ryan Marshall explained the City will not have to pay for the bus now. The City will have to sign a contract and issue a P.O. to order the bus. Some of the smaller buses are breaking down and this new bus will allow the City to get rid of them. Service is still at 40 minutes and the buses are on time 98% of the time. Mr. Marshall explained the City is taking an option from the San Mateo transit district.

MOTION: A motion was made by Councilmember Shakespeare to approve the order of a new transit bus in the amount of $375,000.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance pertaining to the Wastewater Division repealing sections where the Public Works Director is identified as responsible for the Wastewater Division and to identify the responsible individual as the Water Services Director.

City Manager Gary Esplin explained this is a housekeeping item. The Wastewater Division used to be under the supervision of the Public Works Director, but is now under the supervision of the Water Services Director. The ordinance needs to be amended to reflect this change.

MOTION: A motion was made by Councilmember Almquist to approve the ordinance.
SECOND: The motion was seconded by Councilmember Bunker.

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September 23, 2010
Page Four

VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

BEER LICENSE AND LOCAL CONSENT:
Consider approval of an off-premise beer license for the Pilot Travel Center #775 located at 2841 South 60 East. James Arthur Haslam III, applicant.

City Manager Gary Esplin explained this is just a change of ownership. All references have been checked, and staff recommends approval.

MOTION: A motion was made by Councilmember Pike to approve the beer license and local consent.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

BEER LICENSE AND LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for the Q4U restaurant located at 1812 West Sunset Blvd. #10. Ronald G. Devey, applicant.

City Manager Gary Esplin explained this request was previously submitted but not acted upon. Staff recommends approval.

MOTION A motion was made by Councilmember Bunker to approve the beer license and local consent.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

LAND EXCHANGE AGREEMENT:
Consider approval of a land exchange agreement adjacent to the new airport with Land Barons. Charlie Potter, representative.

City Manager Gary Esplin explained the City Council has talked about this issue numerous times. He displayed a map of the areas to be exchanged. The City will end up with more property than it is giving up and it is more useable property. The only downside is that there is no access now on the frontage road. There is an easement. The City Attorney has reviewed the proposal and staff feels it is a better deal for the City in the long run.

Randy Black, Jr., representing Land Barons, stated the agreement is for an even acre-to-acre trade and makes sense.

MOTION: A motion was made by Councilmember Pike to approve the land exchange agreement.
SECOND The motion was seconded by Councilmember Bunker.

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September 23, 2010
Page Five

VOTE Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

FEE WAIVER:
Consider approval of a request to waive the rental fee for the Party In Pink, Zumba Gives Back event. Kerry Langston, applicant.


Melissa Kohler, speaking on behalf of the applicant, requested that fees be waived for the special event permit and rental of the park. Because it is breast cancer awareness month, every cent raised will be going to Carols Post-Mastectomy Specialists to help breast cancer survivors. Kerry Langston is heading the event and has liability insurance to cover the event. They will be happy to put the St. George logo on their t-shirts.

City Manager Gary Esplin advised that staff supports the request.

Ms. Kohler stated she did not believe security will be a problem.

MOTION: A motion was made by Councilmember Almquist to approve waiver of the fees.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

REQUEST TO DEFER IMPACT FEES:
Consider approval of to defer impact fees for an affordable housing project.

City Manager Gary Esplin advised this project has been discussed in a work meeting.

Keisha Greenwell advised this is a credit-to-own project for first time homebuyers with low to moderate incomes. Kelly Peterson with the Utah Housing Corporation will finance the project.

Mr. Peterson explained the program uses low income tax credits which are set aside for single family housing. Under this program tenants have to meet income qualifications, but after that there are no restrictions as long as they can afford the rent. The intent of the program is to offer the opportunity to move upward. The program targets those within 60% of the median income. He stated he is asking the City to defer the impact fees. A deed restriction will be placed on the property that dictates what the area median income limits will be and it will remain in place for 15 years. A promissory note will be signed and a deed of trust will guarantee that the City gets its impact fees at the end of the 15 years when the tenant purchases the home. They are looking at building five homes. They have an equity investor who is putting $600,000 into the project, with the balance coming from the Utah Housing Corporation. It is projected the mortgages will bear an interest rate of 3.5% for 41 years. They are now looking at lots and trying to get them under contract.

City Manager Gary Esplin inquired what will happen if the impact fees are higher than they are now in 15 years.

Ms. Greenwell replied they are asking that the impact fees be locked in at todays rate.



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September 23, 2010
Page Six

Mr. Esplin replied that the City supports the concept but by deferring the fees for 15 years, but there should be some sort of cost of living adjustment or an escalation clause because the service is being used now and there is an impact on the system today.

Councilmember Bunker expressed concern that the taxpayers will be paying for this and not receiving full benefit.

City Manager Gary Esplin suggested a 1% escalation clause.

Councilmember Bunker expressed concern about the precedent that will be set for others building these types of homes.

City Manager Gary Esplin replied that a project of this sort would not be successful without tax credits and there are only a limited number available through the state.

Mr. Peterson advised the estimated cost of a home will be $130,000. The cost of the home plus land and fees will be $195,000. The actual debt on a home will be $76,000.

Councilmember Almquist commented that 1% a year non-compounded will mean an additional $1500 at the end of the term.

Mr. Peterson stated that this can be added to the note. He stated they want the tenants to purchase the home at the end of 15 years and all they are asking is that they improve their income bracket by 5%.

Councilmember Shakespeare inquired why some of the many homes on the market are not purchased for this purpose.

Mr. Peterson replied that tax credits have to be used for new construction. He advised that last year was the first year that their homes reached year 15 and came up for sale. All four tenants purchased the homes. The homes appraised for $150,000 and the purchase price was $40,000 or less.

City Attorney Shawn Guzman advised that if the City Council takes action, it is just for the Citys portion of impact fees. The applicant would still have to talk with Dixie REA about deferral of the electric impact fee. If the tenant decides not to purchase the home at the end of 15 years, Crown will have to pay the impact fee plus 1%.

Mr. Peterson replied that this was correct and the documents will obligate the Utah Housing Corporation to buy the home back and pay all of the underlying debt and put it on the market for someone in that same income bracket.

Councilmember Pike inquired if the Utah Housing Corporation was a 501C3 corporation.

Mr. Peterson replied that the Utah Housing Corporation creates an LLC with a housing authority, and once the homes are under construction, they bring in an investor and the Utah Housing Corporation exits the project. At the end of 15 years the Utah Housing Corporation meets with the tenants to talk with them about purchasing the home.

City Attorney Shawn Guzman explained the LLC is comprised of 99.9% equity investors and .1% housing authority.

City Manager Gary Esplin stated that at the end of 15 years the investors receive their money. If the tenant does not purchase the home, the Utah Housing Corporation buys it and then the investor gets his or her money.

Mr. Peterson advised in that event, the Utah Housing Corporation would approach the St. George Housing Authority to purchase the home.

Councilmember Pike again inquired of Mr. Peterson if the Utah Housing Corporation was a 501C3 not-for-profit corporation.

Mr. Peterson replied that they are a public corporation.

Councilmember Bunker inquired what would happen if Crown was not in business in 15 years.


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September 23, 2010
Page Seven

Mr. Peterson replied that the Utah Housing Corporation will be there.

Councilmember Bunker inquired who would be liable for the impact fees in that event.

Mr. Peterson replied that the Utah Housing Corporation would be liable for the impact fees. The Utah Housing Corporation was created by the legislature, so the legislature would have to dissolve it.

Councilmember Nickle inquired about architectural style.

Mr. Peterson replied the homes will be stucco with tile roofs. There is an architectural control committee for the lots they are looking at purchasing and they have already approved the plans.

MOTION: A motion was made by Councilmember Pike to approve deferral of the impact fees for this project with the condition that a flat 1% per year be added to the impact fees.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman clarified this action is only for City-imposed impact fees.

PUBLIC HEARING/EASEMENT ABANDONMENT:
Public hearing to consider an easement abandonment along River Road at 1333 East 100 South.

Wes Jenkins explained a 72" storm drain line on the east side of the Settlers RV Park is being realigned in order to provide more room for buildings. A new easement will take the place of the old easement.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Shakespeare to approve the easement abandonment by resolution.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider approval of an ordinance amending Title 10, St. George City Code, to list churches as a permitted use in residential, mobile home, agricultural and planned development zones.

Community Development Director Bob Nicholson explained this Code amendment applies to all residential zones. Churches will now be listed as permitted uses and they will not have to be new construction.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.



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September 23, 2010
Page Eight

MOTION: A motion was made by Councilmember Bunker to approve the ordinance amendment.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/EASEMENT ABANDONMENT:
Public hearing to consider an easement abandonment between Lots 56 and 57 of the Lava Point East #2 Subdivision.

Todd Jacobsen explained the applicants would like to do a lot merger in order to put in a swimming pool. In order to do so an easement has to be abandoned between the two lots.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

Mr. Jacbosen advised that drainage will not be an issue.

MOTION: A motion was made by Councilmember Pike to approve the easement abandonment by resolution.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/EASEMENT ABANDONMENT:
Public hearing to consider an easement abandonment at 3670 South and Little Valley Rd.

Todd Jacobsen explained the location is where the Baptist church in Little Valley is located. The lot was illegally subdivided. The easement has be to abandoned and moved to a new location.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Shakespeare to approve the easement abandonment by resolution.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/EASEMENT ABANDONMENT:
Public hearing to consider an easement abandonment between Lot 32 of Artesia Terrace and Lot 7 of Augustus Point Subdivision.


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September 23, 2010
Page Nine

Todd Jacobsen explained a lot line adjustment was heard by the City Council in May to square up the property, but it was not finalized by resolution. The new owners have given the City easements along the property lines.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public heraing.

MOTION: A motion was made by Councilmember Pike to approve the easement abandonment by resolution.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

LOT SPLIT:
Ray Snyder reported that the Planning Commission, at its meeting held September 14, 2010, recommended approval of a lot split for The Learning Center located at the northwest corner of the intersection of Mesa Palms Drive and Tonaquint Drive subject to the following conditions:

1. Provide separate deed for each parcel.
2. Provide legal descriptions for each parcel.
3. Provide a utilities and drainage easement for each parcel.
4. Submit all documents for legal review.

MOTION: A motion was made by Councilmember Bunker to approve the lot split subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

LOT SPLIT:
Ray Snyder reported that the Planning Commission, at its meeting held September 14, 2010, recommended approval of a lot split for The Spring Gardens at Red Cliffs assisted living center located at the intersection of 2720 East and 850 North.

MOTION: A motion was made by Councilmember Almquist to approve the lot split.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

BUILDING DESIGN/CONCEPTUAL SITE PLAN:
Ray Snyder reported that the Planning Commission, at its meeting held September 14, 2010, recommended approval of the conceptual site plan and building design for the Spring Gardens Assisted Living project. Scott Irvine is the applicant and Russ Watts is the representative. The site is 2.75 acres located at the intersection of 2720 East and 850 North. The buildings will be two stories with a total of 73,722 sw. ft. There will be

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September 23, 2010
Page Ten

a wellness center, restaurant, salon, offices, craft room, and greenhouse. Access will be from 850 North and through the Red Cliffs parking lot. The project will exceed required setbacks. There will be a total of 89 units with 17 specifically for memory care. The units will consist of one and two bedrooms. Parking exceeds requirements. The buildings will be 27' in height with cultured stone and stucco. The applicant has provided elevations and material samples.

Russell Watts advised they would like to create a gathering place where seniors are comfortable. The facility will have 89 units with 17 of those for Alzheimer patients. There will be a restaurant, theater, fitness center, salon, and it will employ 30-35 employees.

MOTION: A motion was made by Councilmember Bunker to approve the building design/conceptual site plan.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

VACATE PLAT:
Community Development Director Bob Nicholson explained the City has received a request to vacate a plat for the Oasis Subdivision in the Middleton area which has three single family lots. Together the lots total slightly over an acre. The applicants are Michael and Colleen Conley. Zoning is RE-12.5 The plat was approved five to six years ago but it was never ideal as the back two lots are flag lots. The current owners have requested that the plat be vacated and turned back into one large lot. Staff fully supports the request. The Planning Commission recommends approval. There are easements around the perimeter and also on the interior. At a future date the applicants will request that the interior easements be vacated.

MOTION: A motion was made by Councilmember Bunker to approve vacation of the plat.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a cafe/deli at 3 North Main in a C-4 commercial zone.

Community Development Director Bob Nicholson explained the building is located on the corner of Main and Tabernacle and used to be Jolleys Ranchwear. The main tenant will be the frame shop and the caf will be the second tenant. Because the building is located in the historic district, there is not enough parking to meet todays Code and the building has no on-site parking. The previous tenant had a pottery kiln which they will remove. In addition to inside seating, the applicant would like to have a few tables for outside seating. There is parking at the Citys parking structure to the east. It was suggested that angle parking be installed on Tabernacle to provide more parking and that a public parking sign be placed in front of the parking structure.

City Manager Gary Esplin advised that angle parking can be put on Tabernacle from 400 East to 200-300 West. By putting in a median and landscaping and allowing angle parking, this is exactly the kind of use the City is trying to create in the downtown. The sign in front of the parking structure is also a good idea.


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September 23, 2010
Page Eleven

Mr. Nicholson advised the Planning Commission recommends approval subject to three conditions: (1) installation of an exhaust vent for cooking odors; (2) obtain written permission for the garbage dumpster to be located on adjoining property; and (3) provide the City Council with proposals to minimize parking problems associated with the caf. The main thing that can be done for parking is having the other owners in the area require their employees to park in the parking structure and not on the street.

Councilmember Pike stated he did not think that having employers make their employees park in the parking structure should be a condition imposed by the City.

Mary Ann Horlacher advised that letters were sent to all businesses on Main Street and Tabernacle asking for suggestions with regard to parking. Some suggestions were to put signage at the parking structure, paint the curbs and limit parking to one house, angle parking, signs in storefront windows about free parking in the parking structure, and requiring employees to park in the parking structure.

Ed Sandstrom, owner of Green Gate Village, commented he did not see how businesses along Main Street could stay in business because there is no parking. 250-300 people a day visit Judds Store and they wont walk a block to park in the parking structure. If the City wants to be sure the cafe is successful, the two closest parking spots should be limited to 25 minute parking. He stated he would like to see all parking on Main Street limited to a maximum of 30 minutes.

MOTION: A motion was made by Councilmember Almquist to approve the conditional use permit, with non-conforming parking, and with the recommendations from the Planning Commission except for the condition that the applicant provide to the City Council possible solutions to minimize parking problems associated with the caf.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the September 2, 2010 City Council meeting.

MOTION: A motion was made by Councilmember Bunker to approve the minutes as submitted.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the September 9, 2010 City Council meeting.

MOTION: A motion was made by Councilmember Shakespeare to approve the minutes as submitted.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Nickle - aye

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September 23, 2010
Page Twelve

Councilmember Almquist - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss litigation and property purchases was made by Councilmember Bunker.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn executive session was made by Councilmember Pike.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin advised the City has received a request from Marv Blosch with regard to Sunbrook Ranch, the former Moores Business Forms. He would like to know if the City Council will consider his proposal to move all RV storage inside the building and RV parking to the front of the building as a significant change and therefore be entitled to a rehearing. He would also like the City to participate in moving the intersection. The City Council determined that the proposal did not constitute a significant change.

Councilmember Almquist suggested the City come up with a definition for small car lots.

Councilmember Bunker invited the Mayor and City Council to attend the Dixie Care and Share Open House on Saturday, October 9 from 11:00 a.m. to 3:00 p.m.

ADJOURN:
MOTION: A motion to adjourn was made by Councilmember Pike.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.




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Gay Cragun, City Recorder