City Council Minutes

Thursday, April 4,2002



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

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Jonathan Wright
City Recorder Gay Cragun

EXCUSED:
Council Member Sharon Isom

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

Mayor McArthur recognized the Dixie College men\'s basketball team,recently named NJCAA National Champions for 2002, and congratulated the team members on this achievement.

Mayor McArthur recognized three high school swimmers from Snow Canyon High School and Pine View High School who were recently named State champions.

City Manager Gary Esplin advised that the applicant asked that item 6A2, to consider a request for a special event permit for a concert at the Sunbowl, be tabled from the agenda.

UPDATE ON DROUGHT:
Mayor McArthur advised that while Quail Creek Reservoir is nearly full, Sand Hollow is now being filled, but with a fourth of the amount of water that would normally be running into it because of the low flows in the Virgin River. He urged caution in the use of water during this drought.

City Manager Gary Esplin advised that the City is approaching the time when it will declare implementation of Stage One of its drought policy as use is increasing at 3,000,000 gallons a day. The amount of irrigation water from Gunlock Reservoir available for the west side of the County is nearly zero as compared to normal, and there is no snowpack going into Gunlock and it is only half full. He advised that irrigation water on the west side of town is scarce, and staff is meeting weekly to address this problem.

Mayor McArthur advised that the matter will be discussed at every City Council meeting.

AWARD OF BID:
Consider award of bid for the purchase of two bomb suits for the Police Department.

Purchasing Agent Sue Swensen recommended purchase of two bomb suits with helmets from Med-Eng Systems in the amount of $29,320.

Police Chief Marlon Stratton advised that the Police Department currently has only one bomb suit and it is very old.

City Manager Gary Esplin explained that the cost of the suits is being picked up by a federal grant.

A motion was made by Council Member Orton and seconded by Council Member Gardner to purchase two bomb suits from Med-Eng Systems in the amount of $29,320. Mayor McArthur called for a vote, as follows:


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April 4, 2002
Page Two

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

The vote was unanimous and the motion carried.

UPDATE ON SPRING BREAK:
Police Chief Marlon Stratton advised that Spring Break went well other than one incident when an explosive device was set off on Saturday night. The suspects were located and arrested. He expressed appreciation to the Utah Department of Public Safety for its assistance in sending seven motorcycle officers and six officers on horses. He stated the kids were pretty well behaved this year, with fewer arrests. The cost of Spring Break was $22,000 this year.

RESOLUTION:
Consider approval of a resolution authorizing the City to participate in the Interlocal Cooperation Agreement for the Southern Utah Shooting Sports Park Agency.

Brent Jensen explained he was one of three appointed by the County to put together the shooting range. Once established, the Agency will qualify for federal aid in the amount of $250,000 by payment of $50,000 a year for five years. Hurricane, Washington, and Santa Clara have already signed the agreement, and he is still working with LaVerkin and Toquerville. He requested a representative from the City be appointed to serve on the Committee.

Council Member Whatcott commented that after reading the agreement, it appeared to him that the local communities are to provide funding on a continued basis, and the agreement says the agency \"may\" establish user fees. He suggested the word \"may\" be changed to \"will\" in an attempt to make the facility self-sufficient in its operations, as those who do not use the facility should not have to pay for it.

Mr. Jensen agreed with Council Member Whatcott, but stated he did not know what the fee would be as it would have to be determined by the representatives of the various communities. Some usage will be free, however, for hunter safety classes, 4H, etc.

City Manager Gary Esplin commented that City staff agreed with the concept and supported it, but expressed concern that as a member, pressure may be brought on the City to help fund the facility if there are shortfalls. The City has no intention of abandoning its present shooting range or moving it to the proposed facility.

Mayor McArthur pointed out that the agreement specifies that any budget request has to be approved by the various City Councils, and the City is supportive of charging the public a user fee for use of the facility.

Mr. Jensen advised that $600,000 is needed to build the facility, and a great deal of interest has been expressed by volunteers and others willing to donate in-kind services.

City Attorney Jonathan Wright stated that the copy of agreement supplied to the City contained typographical errors and misnumbered paragraphs, and he asked for a corrected copy for the Mayor\'s signature with the change suggested by Council Member Whatcott.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the interlocal agreement by resolution, subject to the change suggested by Council Member Whatcott requiring a user fee. Mayor McArthur called for a roll call vote, as follows:


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April 4, 2002
Page Three

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT REVIEW:
Associate Planner Mark Bradley advised that on March 15, 2001, the City Council approved a conditional use permit for a private elementary school in the Bloomington area for up to 20 students subject to a review in one year. The year is now up and there have been no complaints nor letters of opposition. The Planning Commission felt there was no need for any further reviews unless complaints are received in the future.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the conditional use permit without any further reviews unless complaints are received. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 26, 2002, recommended approval of the preliminary plat for The Springs Subdivision Phases 4-9. Improvements for 2580 East Street and 1450 South Street will be shown on the construction drawings. A six foot solid masonry wall and landscaping will be required along 1450 South and the irrigation ditch will be piped. Paul Jensen is the applicant.

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

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 26, 2002, recommended approval of the final plat for Countryside Subdivision Phase II. Clayton Leavitt is the applicant.

Council Member Whatcott inquired if this phase of the project should be subject to a homeowners association or collection of a per lot charge for maintenance of landscape.

City Manager Gary Esplin replied that this phase does affect the issue if a per lot charge is going to be collected, but the City does not yet know the cost to maintain this landscaping. Any per lot charge would have to be recorded with the plat.

Council Member Orton commented he did not want to hold up the project.

City Manager Gary Esplin suggested the City Council could approve the plat subject to working out details of a maintenance agreement for the front of the property.

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April 4, 2002
Page Four

Council Member Orton commented that any decision the Council makes on this project will affect other projects as well.

City Manager Gary Esplin replied that the Council, if it approves the plat, will be deciding that any project on a 66\' street which has landscaping within the right-of-way and does not have a homeowner\'s association will be required to pay a per lot assessment for landscape maintenance.

Council Member Allen suggested the plat be approved if the developer agrees to establish a perpetual care fund, with the per lot amount to be determined later.

City Manager Gary Esplin replied that the developer would have to know what the per lot cost is, or he may want to form a homeowner\'s association instead.

Council Member Whatcott commented that the City should first decide if it wants to get into the landscape maintenance business, either by contracting it out to private business or by doing it, or does it want to require a homeowner\'s association be established to take care of the landscaping. He commented there would be administrative costs to oversee the maintenance which will grow as the City grows.

Mayor McArthur stated that the City was already past this point, as it already maintains landscaping along 88\' and 66\' rights-of-way.

Council Member Allen stated she would prefer to see the landscape maintenance done privately, with the City administering the funds to make it easier for each development.

City Manager Gary Esplin commented that the City has a vested interest in trying to resolve the issue, and staff is willing to take on the program, either by farming it out to private businesses or performing the maintenance. He suggested the matter be scheduled for a public hearing.

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it subject to creation of a homeowner\'s association to take case of the landscape maintenance, or establishment of a perpetual care fund with a per lot assessment for landscape maintenance. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 26, 2002, recommended approval of the final plat for Desert Hills Subdivision Phase II with the clarification that the six foot fence be of concrete, block, brick, or wrought iron, and of a consistent, indigenous color, and that no wood or chain link fences be allowed. Paul S. Jensen is the applicant.

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

Council Member Whatcott - aye
Council Member Gardner - aye

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April 4, 2002
Page Five

Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, as its meeting held March 26, 2002, recommended approval of the final road dedication plat for a portion of 2450 East Street south of Riverside Drive.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 26, 2002, recommended approval of the final plat for South Pointe Subdivision Phase VIII. Linda Kirkpatrick is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. Mayor Mcarthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 26, 2002, recommended approval of the final plat for Ironwood Subdivision Phase V. Vince Clayton is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for approval of a special event permit for a concert at the Dixie Sunbowl. Darry Alton, applicant.

This item was tabled at the applicant\'s request.

SPECIAL EVENT PERMIT AND FEE WAIVER:
Consider a request for approval of a special event permit and a fee waiver for the St. George Girl Scouts for use of Snow Park on April 13.


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April 4, 2002
Page Six

Council Member Whatcott suggested that a refundable deposit be charged instead of a fee. If the area is cleaned afterward, the fee can be refunded. He made a motion to approve the special event permit with a refundable deposit. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for approval of a special event permit for a carnival in the parking lot of the Red Cliffs Mall.

City Manager Gary Esplin commented this matter was discussed at the last City Council meeting. The carnival will be held April 15-22. Staff has reviewed the request and has no concerns.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for approval of a special event permit for the Safe Kids Program on May 4.

Kurt Tanner, Chairman, explained the event will be held at Lowe\'s on May 4 from 10:00 a.m. to 6:00 p.m. The event will focus on children\'s safety and will consists of booths staffed by the police department, fire department, sheriff\'s department, Southwest Center, Health Department, and will cover such safety topics as bicycle safety, car seats, stranger danger, etc. Demonstrations will be held, and bicycle helmets will be available for $5. Fingerprinting and photographing of children will also be done.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential to R-1-8 on 3.5+ or - acres located on the north side of Sunset Blvd. on the east side of the Sand Hollow Wash at approximately 2200 West. Vince Clayton, agent.

Community Development Director Bob Nicholson explained that the property in question is a remnant piece of the Seven Hills Subdivision which was thought to

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April 4, 2002
Page Seven

have been zoned R-1-8 a few years ago, but this sliver was omitted from the legal description. The Planning Commission and staff recommend approval.

Mayor McArthur opened the public hearing.

Russ Boyce commented he was never notified when the zone change took place years ago and would like to address issues concerning the entire development.

Mayor McArthur advised Mr. Boyce that the public hearing concerned the sliver piece only, as the rest of the property was rezoned five years ago. There being no further public comments, he closed the public hearing.

Council Member Whatcott commented that he would like to hear Mr. Boyce\'s comments about the project.

Mr. Boyce explained that since the first phase was built, there have been numerous problems with four wheelers in the area. He inquired if the area could be posted.

Mr. Clayton replied that he would post the property.

City Manager Gary Esplin advised that the City has also received complaints about four wheelers from other residents in the area, and the Police Chief has met with the concerned parties. It is a question of catching them, but the City is aware of the problem.

Mr. Boyce inquired if two or three story units were planned for development which would block his view.

Mr. Clayton responded that the CC&Rs will allow two story construction, but he did not expect a lot of them as the nature of the buyers in the market do not like stairs. The project is a subdivision, not a PUD, and two story units are allowed, according to the wishes of the owners. There will, however, be some change in the view because now the property is simply an open field.

Mr. Boyce inquired if a retaining wall would be built to keep his wall from falling down.

Mr. Clayton replied that his intent is to be a good neighbor, and he would be glad to meet with Mr. Boyce on site.

Mr. Esplin commented that posting the property against four wheelers would allow the police to cite them, even if they were further away than 600\' from the nearest inhabited dwelling.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-2 Duplex Residential to PD Residential for an apartment complex located between Mall Drive, Riverside Drive, and 1990 East Street. Tim Stewart, applicant.

Community Development Director Bob Nicholson advised that the project consisted of 198 apartments on 12.18 acres with a density of 16 units per acre.
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April 4, 2002
Page Eight

The corner piece depicted on the rendering is not included in this request. There will be 13 buildings in the project. 44% of the site is open or landscaped area, with two parking spaces per unit. The units will be stucco with a tile roof and metal railings. There will be a meandering 6\' perimeter wall. The Land Use Plan was changed to designate the site as high density, but the project is not as high in density as the Riverside Apartments.

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

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

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

The vote was unanimous and the motion carried.

AWARD CONSTRUCTION MANAGEMENT PROJECT:
Consider a recommendation to award the construction management contract for the Dixie Drive Bridge.

City Manager Gary Esplin explained the Engineering Department recommended awarding a contract to the consulting firm of Parsons Brinkerhoff for the Dixie Drive bridge project. Two local firms submitted proposals, but it was felt they did not meet the qualifications. The amount of the project has been reduced to $279,000.

Council Member Whatcott commented that since the problems experienced on the River Road project, he recognizes the need to have someone experienced and qualified. He inquired how close the proposals were.

Project Engineer Aron Baker explained that the proposal amounts were widespread, and the local firms were concerned that they did not have enough staff or experience in building a bridge to UDOT specifications.

City Manager Gary Esplin reminded that the City has never bid professional services contracts as the City has to know what the costs will be. In this case the firms whose proposals were the lowest did not include all the requirements necessary in order to build the bridge to UDOT specifications.

Council Member Gardner expressed concern because the City Council did not get a chance to see the breakdown of proposals.

Council Member Orton commented it would be helpful to have more details in the review sheet.

Rick Rosenberg commented he felt his proposal was treated fairly by the City, and he had no problem with the review process. The project will also have three local subcontractors working on the project.

Mr. Baker advised the contract period is 200 working days, with construction estimated to begin within three months.

City Manager Gary Esplin advised that the City is ready now to bid the project, but has not received the final word from FEMA and cannot award the bid until FEMA concurs.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the construction management contract to Parson


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April 4, 2002
Page Nine

Brinkerhoff in the amount of $279,000. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RIVER ROAD CHANGE ORDER:
Consider approval of a change order for the River Road Phase I project.

Project Engineer Aron Baker advised that construction management continues on this project. This change order is to pay for that construction management in the past month as this time has already been accrued. Additionally, this will not be the last change order for this project as there is still paperwork to finish which will take 2-4 weeks to complete

Council Member Gardner inquired when the traffic lights would be turned on.

Mr. Baker replied they would be turned on when the striping is completed.

Council Member Gardner inquired if everyone was satisfied with the corner of 2450 South and River road.

Mr. Baker replied that the corner is not yet complete, but Dr. Brinkerhoff is satisfied with the project. There is still a block wall, fencing, and other work to do on his site.

Council Member Whatcott requested an accounting of the liquidated damages to date.

Mr. Baker replied that liquidated damages to date were approximately $110,000.

City Manager Gary Esplin advised that in order to obtain the State\'s million dollars for the project, the project must be completely finished. There is also the chance that the liquidated damages may not be upheld by the State, as they administer the project.

Council Member Gardner inquired about payment to subcontractors.

Mr. Baker replied that the bonding company is now involved, and they are distributing payment to the subs.

Mr. Esplin commented that this, however, does not guarantee that there are still some subcontractors who have not been paid prior to the bonding company disbursing the funds.

Mr. Wright assured that the bonding company will assure that no subcontractor goes unpaid.

Council Member Allen inquired about retention.

Public Works Director Larry Bulloch replied that retention would come off anything the City was paying now. The City is paying all the money going out now, and anything saved is the City\'s.

City Manager Gary Esplin commented that if the contractor submits a claim for the 5% retention, and the City does not pay it, he was not sure how that would work, as the contractor provided a service.

Mr. Bulloch commented the retention is for a penalty.


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April 4, 2002
Page Ten

Mr. Esplin commented the retention is there to make sure the work is completed.

City Attorney Jonathan Wright advised there was no penalty, but only liquidated damages.

Glen Bundy inquired as to the difference between a penalty and liquidated damages.

Mr. Wright replied that liquidated damages were assessed prior to the contract or any change orders, etc. and are to cover the City\'s costs should there be a breach of contract.

Council Member Gardner commented that while he was bothered by the fact that another changer order was needed, he made a motion to approve the change order as presented. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPOINTMENTS:
Consider appointments to boards and commissions of the City.

Mayor McArthur recommended appointment of Brad Rich to the Water and Power Board and Kim Campbell to the Planning Commission.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to appoint Brad Rich to the Water and Power Board and Kim Campbell to the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CERTIFY PETITION FOR ANNEXATION
Delivery of Certification of Petition for Annexation (Milne Addition) an authorization to publish Notice of Annexation Petition.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to acknowledge delivery of the Certification of Petition for Annexation (Milne Addition), and authorize publication of the Notice of Annexation Petition. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held March 7, 2002.



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April 4, 2002
Page Eleven

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the special City Council meeting held March 14, 2002.

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

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

The vote was unanimous and the motion carried.

MISCELLANEOUS ITEM:
The issues raised in a letter from Glen Bundy will be discussed at the City Council meeting to be held April 18.

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

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

The vote was unanimous and the motion carried.

RECONVENE:
No items were discussed in executive session. The regular meeting convened.

DISCUSSION RE DROUGHT:
City Manager Gary Esplin advised that the City should be all right this summer from a drinking water standpoint. However, the golf courses must be watered
as they provide economic development for the City. The Santa Clara River has no irrigation water in it at all. This shortage will affect the Southgate Golf Course, Tonaquint Cemetery, and Sunbrook. Staff is meeting weekly to try and figure out how to move water around the City. He advised he authorized an emergency expenditure of $25,000 for a storm drain to allow the City to overflow the park pond in order to water Southgate. Red Hills has enough water as it is getting water from the Virgin River and will get additional water from the West City Springs. Sunbrook had to build a new well last year but it is not large enough to water 27 holes. Entrada will have one well dedicated to them, plus additional water from the Frei, Moore Business Forms, and Mathis wells. He stated he was pleased with the interdepartmental cooperation, and staff is doing the best it can to accommodate changes.

Mayor McArthur inquired of Council Members if they would approve of him writing a letter to religious organizations expressing a dire need for divine intervention and asking them to talk to their congregations about the need for rain.

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April 4, 2002
Page Twelve

Council Member Gardner commented he thought Entrada would be willing to pay for a water connection from the Tolman wells if they could use the water until the reuse water came on line. The City would need to commit to the amount of reuse water available.

City Manager Gary Esplin explained that the City has a contract with Entrada for water in exchange for Greg Kemp\'s water right. The City guaranteed them enough water for an 18 hole golf course, and the City has an obligation to provide that water at an irrigation rate. Entrada is not happy with the irrigation rate as the cost is not fixed. They have been discussing this issue with Council Member Gardner, along with use of 350 acre feet water from the Tolman wells. The City is also attempting to move water rights from the City Creek area, build a line from the Tolman wells, and take the line from there across to the edge of the hill and drop it down to the main line. This will require boring a hole through the face of the hill. As Council Member Gardner\'s development progresses, he will participate in this project.

Council Member Gardner commented that Entrada\'s contention is that they are paying a culinary rate for the irrigation water.

City Attorney Jonathan Wright advised that Entrada is paying the same irrigation rate as Dixie College.

City Manager Gary Esplin advised that water from the Tolman wells could be brought into the City system, but approval is needed to take more water than what the City has rights to, and the City is working with the State Engineer and has made application to take those rights from the City Creek and transfer them

to a new point of diversion at the Tolman wells. This water comes from the same formation as Snow Canyon and is a good quality water.

Council Member Gardner advised that the City pumped the water for four days in January to test it.

City Manager Gary Esplin commented the best case scenario would be to drill another well and bring more water down. A 20 day notice has gone out, and it is anticipated Winchester Hills will protest. A decision will be made within the next 20-30 days. Kerry Carpenter knows the urgency and is trying to facilitate the request.

Mayor McArthur inquired if the City knew the cost of reuse water if it pursued Council Member Gardner\'s suggestion.

City Manager Gary Esplin replied that a fee for the reuse water had not been established.

Council Member Gardner commented that relative comparisons would have to be used, as well as what irrigation water is presently going for.

City Manager Gary Esplin replied that a lot of people want to use the reuse water, and a fee would have to be established.

Council Member Gardner suggested the City establish the rate right now as it has some irrigation rates for comparison so a commitment can be made to Entrada. He commented that every new home adds so many gallons of reuse water, and he expressed concern that the City was thinking in the past rather than the future.

City Manager Gary Esplin disagreed and commented that the City was trying to build storage facilities to handle the reuse water.

Council Member Gardner commented he had held back on negotiations simply because he did not know where the City stood, but if the City is willing to look

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April 4, 2002
Page Thirteen

at the issue, Entrada might to willing to do something for interim use of water for a guaranteed use of reuse water.

A tour of the City\'s water facilities was scheduled for April 24 at 5:00 p.m.

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin advised that fees for the dispatch center will now be based on population rather than use, and cities who do not pay their share may have to make other arrangements for emergency dispatching.

City Manager Gary Esplin advised that Santa Clara City has not paid its full share for use of the Sand Hollow Aquatic Center, and unless they do, an adjustment in their usage rate may have to be made.

City Manager Gary Esplin advised that a letter to the judicial review board will be sent regarding the recent incident involving Judge Dobson.

ADJOURN:
A motion to adjourn was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows;

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

The vote was unanimous and the motion carried.


__________________________
Gay Cragun, City Recorder