City Council Minutes

Thursday, April 18,2013



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 18, 2013, 4:00 P.M.
REGULAR MEETING


PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jimmie Hughes
Councilmember Jon Pike
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 Gail Bunker.

Mayor McArthur announced that Dedication of the Freedom Shrine took place at the airport. The half Ironman will be held May 4.A children’s Ironman will also be held. Through the month of May a story board will be held behind the Tabernacle where a recording trailer will be available for those wishing to record their stories.

Mayor McArthur then read a proclamation proclaiming May 8 as Assistance League of Southern Utah Day in the City. He then presented the proclamation to Jolene Lander, President of the Assistance League of Southern Utah.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

TABLE ITEMS:
Mayor McArthur announced that Item 2K to consider approval of a sole source equipment purchase from Cassidian (Century Link) for the continuation of the Station #7 back-up center project has been tabled from the agenda. Also, Item 3A, a public hearing to consider vacation of 1700 South Street located between Black Ridge Drive and Hilton Drive, has been tabled from the agenda because it was not advertised properly.

PRESENTATION:
Kim Olsen, Executive Director of the Utah Recreation and Parks Association, and Nancy
Day, President of the Association, presented an Innovation of the Year award to the City for the new pickleball complex.

CONSENT CALENDAR:
Consider approval of the financial statement for March, 2013.

City Manager Gary Esplin advised that the City appears to be in good financial shape.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Horrocks Engineering for a traffic study for the River Road/Red Cliffs Drive corridor.

City Manager Gary Esplin explained this is a joint project with UDOT, the MPO, Washington City, and St. George City. The purpose of the study is to alleviate traffic. The City’s commitment is $10,000, with the balance to be paid by the other entities.

Mayor McArthur commented it was important the have the study done so the City is ready to go when funds become available.

MOTION: A motion was made by Councilmember Almquist to approve the agreement.
SECOND: The motion was seconded by Councilmember Nickle.
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April 18, 2013
Page Two

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin recognized Jerry Lewis in the audience and expressed appreciation to him for helping the City while with the Department of Transportation and as County Commissioner.

AGREEMENT:
Consider approval of an agreement with EDA Land Planning for design and construction documents and a marketing and pricing strategy for a cremation garden at the Tonaquint Cemetery.

City Manager Gary Esplin explained that this was approved in this year’s budget.

Mayor McArthur commented that residents have been asking for a cremation garden. The amount of the contract is $36,900.

Councilmember Gail Bunker commented that she would like a presentation on the cremation garden made to the City Council.

MOTION: A motion was made by Councilmember Hughes to approve the agreement, including a presentation to the City Council.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an engineering consultant services agreement to provide construction documents and management for Seegmiller Farm development.

City Manager Gary Esplin explained that a lot of work has been done at Seegmiller Farm by the Parks crew. A few buildings have been erected and the Water Department has cleaned up the pond area. The Streets Dept. has graded the orchard where an Arbor Day event is being planned to plant trees.

Zac Koceja advised that the largest part of the contract is for the infrastructure, to refine the parking area, and to get utilities to the site. A pavilion and restroom are planned. A rock house has been donated and it will be rebuilt and house a museum. The City obtained a grant to plant the orchard and some of the tree-lined streets through the Historic Village. There is a volunteer event April 27 from 9:00 a.m. to 1:00 p.m. sponsored by the Shade Tree Board to celebrate Arbor Day. He advised that the contract is with Alliance Consulting.

City Manager Gary Esplin advised the amount of the contract is $97,245.88.

Mr. Koceja explained the contract is an hourly not to exceed amount. There is groundwater to work with, and staff wanted to make sure that if the contractor ran into issues, they would be covered.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

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April 18, 2013
Page Three

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a professional services agreement for geotechnical testing and engineering for miscellaneous park planning projects through June 30, 2015.

Purchasing Manager Connie Hood explained this is a geotech blanket purchase order. Individual project services will not exceed $25,000.

MOTION: A motion was made by Councilmember Bunker to approve the agreement, giving the City Manager the authority to approve projects up to $25,000.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

CONTRACT:
Consider award of a base bid construction contract for the Little Valley Fields maintenance building to JMI Constructors.

Purchasing Manager Connie Hood recommended award of the contract to the low bidder, JMI, in the amount of $260,376.38.

City Manager Gary Esplin commented that it will be paid from Park Impact funds.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for rental of a chip seal oil distributor truck and operator.

Purchasing Manager Connie Hood advised that only one bid was received - from J&T Petersen in the amount of $31,500.

Mayor McArthur commented that this bid is for rental of a special piece of equipment to distribute the oil.

City Manager Gary Esplin commented that the City is just gearing up now for its annual paving management program, which spans two budget years. This bid is part of the current budget. There is $900,000 for the pavement management program left in this fiscal year.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for chip seal aggregate supply.


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April 18, 2013
Page Four

Purchasing Manager Connie Hood explained that two bids were received. She recommended award of the bid to the low bidder, Sunroc, in the amount of $123,298.20. This bid equals $19.35 a ton for 6,372 tons.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the annual crack seal project.

Purchasing Manager Connie Hood advised that five bids were received. She recommended award of the bid to the low bidder, Ridge Rock, in the amount of $122,250. They are from the Salt Lake City area.

City Manager Gary Esplin commented the bid is under the 5% local match.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for chip seal oil supply.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of the bid to the low bidder, Mountain States Asphalt, in the amount of $342,866.70.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for PASS CR oil.

Purchasing Manager Connie Hood explained this is a sole source purchase with Asphalt Systems in the amount of $254,709. This is a special roadway-type oil.

Cameron Cutler explained that PASS oil has an extra polymer which provides a good base for a chip seal and saves on cracksealing and leveling. PASS oil also lasts longer. The City used it once a long time ago in the industrial park and it lasted well.

Councilmember Almquist commented that the oil is $11,000 per ton.

Cameron Cutler replied that the cost is close to the same amount of money as if the City had to oil and level the roads and it lasts two to three more years.


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April 18, 2013
Page Five

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Mr. Cutler inquired of the City Council if they would allow staff to extend the prices to July, which is in the next fiscal year. He advised that he would put a list together for the City Manager to show the additional roads being considered. The supplier is willing to keep the prices by extending the contract. The City Council concurred with the recommendation and approved extending the unit prices to next summer’s project.

PURCHASE EQUIPMENT:
Consider approval of a sole source equipment purchase from Cassidian (Century Link) for the continuation of the Station #7 back-up center project.

This item was tabled.

AWARD OF BID:
Consider award of bid for yellow and white traffic paint.

Purchasing Manager Connie Hood recommended award of the bid through the State contract with Ennis Paint in the amount of $59,550.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for concrete and asphalt crushing.

Purchasing Manager Connie Hood recommended award of the annual blanket with Progressive Contracting in the amount of $59,602.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATION OF STREET/ORDINANCE:
Public hearing to consider vacation of 1700 South Street located between Black Ridge Drive and Hilton Drive. Stephen Wade, applicant.

This item was tabled.

RESOLUTION:
Consider approval of a resolution approving the transfer of the Baja franchise agreement to Telephone Data Systems (TDS).

City Manager Gary Esplin explained that Baja has been sold to TDS.

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April 18, 2013
Page Six

City Attorney Shawn Guzman advised that TDS will assume the franchise agreement already in place, for a ten year period, and with the same terms.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a limited service restaurant liquor license for Rosa’s Latin American Cuisine at 567 S. Valley View Dr. Ryan Shephard, applicant.

City Manager Gary Esplin explained this is a new restaurant, and the application meets all requirements.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

LOCAL CONSENT:
Consider approval of local consent for an on-premise beer license and a full-service restaurant liquor license for the Ledges Canyon View Golf Club. Larry H. Gardner, applicant.

City Manager Gary Esplin explained this is for a change of ownership.

Connie Goddard, Director, explained they are a full service restaurant catering to weddings, parties and events. They are open Monday through Saturday 11:00 a.m. to 3:00 p.m.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a full-service restaurant liquor license for Buffalo Wild Wings at 270 South River Road. Emily Decker and Treavor Smith, applicants.

City Manager Gary Esplin explained that the City Council approved the design of this building a few meetings ago.

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

Councilmember Bunker - aye
Councilmember Almquist - aye

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April 18, 2013
Page Seven

Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and full-service restaurant liquor license for CJ’s Steakhouse located at 1110 So. Bluff. Rick Krompel, applicant.

City Manager Gary Esplin explained this restaurant is in the location formerly occupied by the Claimjumper.

MOTION: A motion was made by Councilmember Pike 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 Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SALE OF CITY PROPERTY:
Consider sale of City property at 138 North 2940 East Street. Keaton and Sydney Bale, applicants.

City Manager Gary Esplin explained that this is a small parcel of property adjacent to the applicants’ lot. Neighbors have acquired surplus property next to them, and the City’s policy has been to offer for sale surplus property to the adjacent property owner

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SALE OF CITY PROPERTY:
Consider sale of City property located along the north side of the Santa Clara River and east of Dixie Drive. Kody Young, applicant.

City Manager Gary Esplin explained when this subdivision was built, Kevin Ence donated the property adjacent to his subdivision which was not part of the platted lots along the river. The City then acquired Mathis Park property and it has been the intent of the City to possibly build a trail or use the property for park-related purposes. Somehow the previous and current owner has encroached onto a parcel of City-owned property and built a swimming pool. Staff feels the City would never build on this particular piece of property anyway, and to clear up the encroachment issue, recommends approval to sell it to the property owner. He stated that neighboring encroachments will be a little more complicated and staff is in the process of contacting those owners to rectify the encroachment issues.

MOTION: A motion was made by Councilmember Almquist to approve sale of the property as recommended for $2 a square foot or the prevailing rate by policy.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

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April 18, 2013
Page Eight

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Cottonwood Phase 4 and 5, a 35 lot subdivision located on the south side of Crimson Ridge Drive on 11.34 acres. Density is 3.09 units per acre. Zoning is R-1-10. Quality Development is proposing to use lot size averaging. The developer will be required to improve 3000 East. The lots along 3000 East will be double fronting lots and the developer will be required to provide a 10' landscape strip and a 6' high privacy wall. A regional trail will run along the west side of 3000 East that will replace the sidewalk.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a gravel site in the Desert Canyons project area. Desert Canyons Development, applicant.

City Planner Ray Snyder explained a conditional use permit was issued in 2010 for various other sites which totaled 237 acres. He displayed maps of the site and advised the applicant would now like to add Site 8 consisting of 37 acres.

Mayor McArthur commented that there is a finite amount of aggregate in this area and it has to be extracted.

Mr. Snyder advised that a good example of reclaimed sites include the moto cross park and the wakeboard park.

Councilmember Almquist commented that there are piles of other material in the area which are unsightly and inquired if there would be more of these unsightly piles.

There was no representative in attendance to address his concerns.

MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit subject to the conditions recommended by the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SHARED PARKING REQUEST:
City Planner Ray Snyder explained a request for on site and off site shared parking for an alcohol-free dance club called The Rush located in the former movie theater at 1000 East and Red Hills Parkway. Zoning is C-2. He displayed the site plan. There are 161 parking spaces on site. The Rush will also host special events, dances, and mixed martial arts events. Staff feels there is not adequate parking on site based on City standards. The Fire Department does not know the occupancy numbers until it sees the plans. The Fire Department looks at one person for every five square feet. At first the applicants said they would have 800 occupants but have backed that down to 615 occupants, which requires 185 parking spaces. They have to meet four conditions: (1) sufficient evidence that shows there will be no substantial conflict in the periods of peak demand of uses for which the joint use is proposed; (2) the number of parking spaces which may be credited against the requirements for the uses involved will not exceed the number of spaces that may normally be required for any of the uses sharing the parking; (3) the parking facilities will not be located further than 250 feet away from any proposing to use such parking and should be contiguous to the business sharing the lot; and (4) a written agreement shall be executed by all parties concerned assuring the continued availability of shared parking facilities in the event that one of the uses shall be sold or otherwise change ownership or management. The applicant is short 44

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parking spaces on site and will have to come up with parking off site. The parking lot is required to be paved. The applicant is hoping to share parking spaces with the local hotels, but each hotel has to have parking for its own rooms, and there are none to spare. Hours are 7:00 p.m. to midnight Wednesday through Saturday. He then read staff’s comments. The applicant would like to use the parking area on Industrial Road and have staff members present to direct people to walk to the old theater.

Mayor McArthur commented that The Rush patrons would have to cross Industrial Road.

Mr. Snyder advised that the applicants were not interested in the cost of a stairway. The Planning Commission made the recommendation that the parking lot be paved. A minimum of 44 spaces off-site are needed if The Rush is going to go to 800 customers. The Fire Department will have to comment on how the occupancy will be regulated. The off-site parking on Industrial Road is located further than 250 feet away. No business license will be issued until the interior is finished. The Planning Commission recommended approval of the off-site parking. The Planning Commission is supportive of the concept but has concerns about the parking. The Fire Marshall feels the maximum occupancy could be over 1000 and not 650 as the applicant estimates.

Mayor McArthur commented it looked like The Rush would be the only business open during the hours they want to have it open.

Mr. Snyder replied that there are two other businesses open during these hours - the tanning salon, which is open 24 hours seven days a week, and the Tropical Smoothie restaurant. The applicant has spoken with the owner of Tropical Smoothie who says he only needs four to five parking spaces in the evening. Mr. Snyder advised the distance from the proposed off-site parking to the front door of The Rush is 750 feet.

Lawrence LiCausi, applicant, explained that he is the CEO and President of The Rush. They will specifically cater to those aged 16 years and up and will have a non-alcoholic facility. The facility will be designed to a maximum occupancy of 650 and will only utilize an area of 6,000 sq. ft. This plan will not change. They have a 20 year lease with a 10 year option on the building. They will be an asset to the community.

Mayor McArthur commented that the street being crossed by the patrons is in a dark corridor.

Mr. LiCausi commented that he has agreed to pave the lot but does not want to do the staircase as they felt it would be a safety hazard. Staff will be present at the off-site parking lot.

Robin LiCausi advised that they have met with each owner of businesses in the area except for the tanning salon and Tropical Smoothie, but did speak with them by phone. They have assured all tenants that they will clean the parking lots.

Fire Chief Robert Stoker stated that in talking with the Fire Marshall, his main concern is the parking. When the applicants submit a plan then the occupancy load can be determined. Safety features have to be designed for the highest occupancy load and for what it could be used for, not what it will be used for. The system will not be designed for the number of parking stalls, but will be designed for the square footage. The City Council can later reduce the occupancy to match the parking stalls.

Mayor McArthur inquired how occupancy could be limited.

City Manager Gary Esplin replied that after the applicant submits an application the Fire Department will determine the occupancy limit.

Mayor McArthur commented that cross-agreements will be needed, and parking will not be allowed on Red Hills Parkway.

Fire Chief Robert Stoker assured the City Council that the building will meet all requirements for the worst case scenario and all safety features will be designed in cooperation with the Building Department. The occupancy load can be lowered to match the number of parking stalls.

Councilmember Pike inquired how many off-site parking stalls are proposed to be paved.

Mr. LiCausi replied that 44 are needed, but they could pave up to 90 even though there is a large expense to do so.

Councilmember Bunker expressed concern with the off-site parking plan.

Mr. LiCausi replied that the site for The Rush was selected for its locality to the College and that most of the patrons will walk to the site. When the adjacent parking lot is full,

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Page Ten

staff will direct patrons to park in the off-site parking, and staff will be present there constantly. There will be 36 employees in the building, including off-duty police officers.

City Manager Gary Esplin expressed concern about drinking in the parking lot and then being re-admitted to the facility.

Mr. LiCausi replied that they will have a no re-entry policy.

City Manager Gary Esplin inquired if the parking lot will be lit.

Mr. LiCausi advised that staff will have flashlights.

City Attorney Shawn Guzman commented that once the parking is approved, the facility can be used as a dance facility by any other applicant. If use is granted of the off-site parking lot, something in writing needs to be agreed to as to how it will be operated. Another concern is that the off-site parking lot needs to be lit, landscaped and paved.

Mr. LiCausi replied that the City’s nearby truck parking lot is not paved, and if he is being held to these standards, so should the City.

City Manager Gary Esplin replied that the City is not conducting a business.

Mr. LiCausi advised that several nearby hotels are using unpaved and unlighted areas for parking.

City Attorney Shawn Guzman replied that parking on the dirt is illegal and the City will follow up.

Mr. LiCausi commented that he is not Donald Trump and has been flexible and tried to meet the City’s ordinances. He offered to pave the parking lot and light it if the City requires it. He also advised that proper staff will be manning the parking lot.

Mayor McArthur advised that the parking lots will require at least three employees, with one employee on the off-site parking lot at all times The Rush is open.

City Attorney Shawn Guzman commented that this will be put in writing, to follow with the land, and the property owners will have to agree to it as well. Anyone else could go in with the same type of business. As long as the facility is used for a dance, special events, mixed martial arts use, it has to have a lease for the off-site parking, including guards, and meeting the occupancy load. These requirements would run with the business. The applicant will also have to meet all requirements of the ordinance for off-site parking.

City Manager Gary Esplin advised that as of now the applicant will have enough parking for 650, but he may have to pave more of the off-site parking lot if the occupancy increases.

MOTION: A motion was made by Councilmember Bunker to approve the shared parking request subject to Legal Department review and approval.
SECOND: The motion was seconded by Councilmember Nickle.

City Attorney Shawn Guzman reiterated that the applicant will have to meet all requirements of the off-site parking ordinance which are already in effect.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a request to exceed the number of days allowed for a special event - a container flowers sales event, at the Sportsmen Warehouse parking lot.

City Manager Gary Esplin advised that special events are allowed only so many days for each event, and this request exceeds the number of days allowed.

MOTION: A motion was made by Councilmember Pike to approve the request to exceed the number of days allowed for a special event.

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Page Eleven

SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

APPOINTMENT:
Mayor McArthur recommended appointment of Terance B. White to the Art Museum Board.

MOTION: A motion was made by Councilmember Bunker to appoint Terance B. White to the Art Museum Board.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Councilmember Pike commented that he contacted Richard Kohler about the project on the hill and he accepted.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council meeting held March 28, 2013.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.




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Gay Cragun, City Recorder