City Council Minutes

Thursday, March 6,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 6, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Orton, and the invocation was offered by Council Member Whatcott.

Council Member Gardner arrived.

Mayor McArthur announced that Item 4A to consider approval of an ordinance vacating the Sun Bowl West plat, Item 6A5 to consider a request for a conditional use permit for a college student housing development at 1000 East 65 North, and Item 6A11 to consider approval of an interlocal agreement between the City and Washington County for joint and cooperative action for police services for explosive devices were tabled from the agenda.

CONSENT CALENDAR: Consider approval of the financial statement for January, 2003.

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

ANNOUNCEMENT RE MINI GRAND PRIX:
Mayor McArthur introduced Todd Wilkinson from Skywest Airlines, who would make an announcement about the upcoming Mini Grand Prix.

Mr. Wilkinson explained that this is the third year for the charity race, with participating vendors from all over the world. Go-karts are sold to raise money for the United Way, and it is expected that over $100,000 will be raised this year. The race will be held March 15. There are 34 teams this year, 14 more than last year. It is expected the event will bring 550 visitors to St. George.

AWARD OF BID:
Consider award of bid for a 2003 four-wheel drive backhoe for the Water Services Department.

Purchasing Agent Sue Swensen explained that four bids were received, and staff recommends award of the bid to Scott Machinery in the amount of $62,794.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Scott Machinery in the amount of $62,794. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for cleaning/paper supplies.

Purchasing Agent Sue Swensen explained that seven bids were received, and she recommended award to the two lowest bidders, Waxie Sanitary and Staheli Distributing.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Waxie Sanitary and Staheli Distributing. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Ms. Swensen recommended that the bid be awarded in the amount of $30,000 to each company. Staff will use the lowest price of the two for the required products.

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March 6, 2003
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AWARD OF BID:
Consider award of bid for a crushing project at the Reuse Center.

Purchasing Agent Sue Swensen explained that five bids were received. She recommended award of the bid to the low bidder, Snowfield Rock, in the amount of $59,000.

Mayor McArthur commented that the bids ranged from $59,000 to $191,800.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Snowfield Rock, in the amount of $59,000.

Streets Superintendent Randy Halverson advised that this bid is for a one year contract.

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

AWARD OF BID:
Consider award of bid for construction of the Canyons maintenance facility.

Purchasing Agent Sue Swensen advised that all bids came in over budget, and she recommended that they be rejected.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to reject the bids.

Council Member Orton inquired of Ms. Swensen the requirements to bid the project.

Ms. Swensen replied that a 5% bid bond is required as well as an E100 license.

Council Member Orton expressed surprise that some of the smaller contracting companies did not bid the project.

Ms. Swensen replied that the City Council could opt to waive the bond.

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

RESOLUTION:
Consider approval of a resolution abandoning a public utilities easement between Lots 11 and 12, and 12 and 13, and the south side yard easement of Lot 11 of Pine Brook Subdivision, Phase 2.

City Manager Gary Esplin explained that the request has been reviewed by the Joint Utilities Committee and staff recommends approval.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the Public Works Service Administrator to execute and file an application for federal assistance.

City Manager Gary Esplin explained that to date the transit system has been operating on City funds. Approval of this resolution will allow the City to apply for federal funds, and is a housekeeping item.



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March 6, 2003
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A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution amending the Agreement for Residential Waste Collection with the Washington County Solid Waste District by eliminating manual collection of plastic bags, bundles and manual containers.

City Manager Gary Esplin explained that approval of this resolution will change the agreement with the Solid Waste District with regard to what types of receptacles are allowed.

Council Member Isom arrived.

Mayor McArthur suggested that the agreement be approved with a modification to also allow the use of bags and bundles. Approval of this modification would accomplish the purpose of the agreement and still accommodate the public.
He commented that once the City signs the agreement and gives up the right to have bags and bundles picked up, it will be lost permanently.

Fay Reber, attorney for the Solid Waste District, explained that once the containers are distributed, the City would not have the option to rescind its choice.

Council Member Gardner inquired how the public could be motivated to use a second container if it knows that whatever is put out will be picked up. He inquired if the waste hauler could evaluate the need for a second container and supply it, rather than waiting for the homeowner to request the second container.

Mayor McArthur responded that the driver could leave a note on the can advising the homeowner of their option to have another can, but a request for delivery of the can must be made by the homeowner. The drivers could also make a list of those needing another can, and they could then be contacted concerning the option of obtaining another can.

Council Member Gardner advised that the option suggested by the Mayor may take longer to phase in, but he preferred it.

Fay Reber explained that the idea behind the proposal is to eliminate bags and bundles, thereby eliminating a litter problem, and if the option is made available to the public, more people will take advantage of it.

Mayor McArthur replied that this option could always be taken away if it does not work, but it can never be added back. He suggested that his recommended option be tried.

Mr. Reber replied that he did not see a problem if the Council wants to explore this option, and if it does not work, it can be given up. However, the resolution is based on the agreement already negotiated with Red Rock. He suggested that the matter be tabled so that Red Rock can be contacted and the agreement with them amended.

Mayor McArthur commented that a second can would take care of 99.9% of the problem.

Council Member Orton suggested another option would be to allow a pickup of bags and bundles six times per year. He commented he did not think the option of using bags and bundles would accomplish what the Solid Waste District was trying to do.


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March 6, 2003
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Council Member Gardner commented there would be no risk in trying the option recommended by the Mayor.

Council Member Whatcott commented that the risk is no different than when the School District tried to implement the wearing of uniforms in the schools. Unless everyone does it, it will not work. He stated the City needed to decide one way or the other and let the Solid Waste District talk with Red Rock, and then come back to the City Council.

Mayor McArthur commented that there would be no risk in trying the proposed option.

A motion was made by Council Member Gardner and seconded by Council Member Allen to table action of this item. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended that public hearings be scheduled for Thursday, April 3, 2003 at 5:00 p.m. for the following items:

(1) A zone change from R-2, R-3, and PD Residential to R-1 Conservation in the central City area located from Main Street to 400 West and from 100 South to 600 South (Plat A, Blocks 3, 4, 5, less and excepting C-1 property, 6, 8, 9, 10, 11, and the south portion of 17 and 18; Plat C, Block 16 and portions of 5, 6 and 15). Downtown Neighborhood Committee and the City of St. George, applicants.

(2) A zone change from R-3 and C-3 to PD Residential for 146 apartment/townhome units located at 360 N. Dixie Drive. International Development Group, applicants.

(3) Amend a final plat for Emerald Springs Townhomes Phase 2 located at 100 North between Valley View Drive and Dixie Drive to readjust and enlarge building pad #70. Doug Campbell, applicant.

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

NON-CONFORMING STRUCTURE:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended approval of the request for a legal non-confoming garage at 165 North 100 West to be remodeled and enlarged. The garage is considered non-conforming because of the side yard setback and not being located to the rear of the home. Reed Gardner is the applicant.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended approval of the preliminary plat for Las Hurdes with 16 lots located at Valley View Drive and Shadow Point Drive.
The purpose of the amendment is to remove some of the lots to allow for future townhomes to be platted and to allow for 15 of the 16 revised lots to be platted for twin homes so that they may be sold separately. The amendment creates mostly twin home lots with the exception of one lot which could be for a four-plex, with the potential of 36 units. The eliminated parcels under a townhome development could have up to 33 units, depending upon the layout, parking and landscape. A road dedication will be part of the plat. Greg Mathis is the agent.

Mayor McArthur inquired if there was a reduction in the overall density.

Mr. Bradley replied there may be a few more units, but the average density will be the same.


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March 6, 2003
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Greg Mathis, applicant, explained that the reason he was changing the plat was because there was no way to convey ownership of one unit. Four-plexes can be done as a townhome and ownership can be conveyed for each unit. He felt this project was a good transition between the Puerta Del Sol project and adjacent single family homes by providing a twin home townhome environment. The CC&Rs stipulate that the units have to be earth tones, with a tile roof and desert landscaping. An association will be formed to maintain the landscape in the front yards so that the entire project will look good.

City Manager Gary Esplin commented that this project is a better mix than straight R-3 zoning, and from a legal and technical standpoint, there is no problem with the request. Mr. Esplin commented that the owners are already invested in the property and have an approved preliminary plat.

Stacy Neal commented she felt traffic issues were not addressed, and inquired if there was going to be access to the development from Valley View Drive.

Council Member Gardner inquired if the access was going to be completed in Phase One of the development.

Mr. Mathis replied that there is access now to Valley View Drive. All the interior roadways will also be completed as part of Phase One. There will only be one access to Valley View Drive.

Stacy Neal inquired if a traffic impact study had been done.

Associate Planner Mark Bradley replied that one was not required, as it takes well into 100 units before a traffic impact study is required.

Stacy Neal commented that as the project layout stands now, it backs up to single family homes. She suggested the project be flip-flopped.

Mr. Mathis replied that the ordinance requires a 20' strip between a two story project next to single family homes. All his units will be single story, and he would prefer to stay with the ordinance requirement.

Stacy Neal inquired about a sound barrier block wall.

Mayor McArthur replied that a 6' block wall is required between different zones.

Mr. Mathis explained there is a grade problem, and the Shadow Mountain homes are 8' to 10' above the grade of his project. If a block wall is installed at the toe of the hill, it will end up being a weed catcher, and he was not sure where it was proposed to be located.

Stacy Neal replied it should be located at the boundary of the zone change.

Mr. Neal replied that there will be a block wall and landscape strip along Valley View Drive.

Community Development Direector Bob Nicholson explained that the setback is 25' adjacent to a single family zone, not 20', for a two story structure, and a 6' wall is required when there is a common lot line between multi and single family zones. He advised City staff would work with the applicant to assure this is achieved.

Mayor McArthur commented that the applicant indicated the wall would not do any good because of the difference in grade. However, it is required. He suggested that Mr. Mathis address this issue with staff.

City Manager Gary Esplin advised that the issue would have to be worked out before the final plat is approved. He advised that it is the City who is suggesting there be only one access to Valley View Drive because of its 80' width. School crossing guards have also been added to this area this year.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the preliminary plat subject to the stipulations of the ordinance. Mayor McArthur called for a vote, and all voted aye.


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March 6, 2003
Page Six

FINAL PLATS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended approval of five final plats:

(1) Pine Brook Phase 2 Amended. He explained that the purpose of the amendment is to adjust property lines. The number of units will remain the same. Cary Blake is the applicant.

(2) Pine Brook Phase 3. Cary Blake is the applicant.

(3) Desert Sands at Painted Desert Phase 2. Vince Clayton is the agent.

(4) Stonebrook Phase 2. Brandon Anderson is the agent.

(5) West Creek Commercial Subdivision, with the condition of cross-access agreements. Quentin Ence is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plats subject to the recommendations of the Planning Commission, and authorize the Mayor to sign them. Mayor McArthur called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended approval of a hillside development permit for Desert Hills Phases 5 and 6, subject to the recommendations of the Hillside Review Board. Paul Jensen is the applicant.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended approval of a hillside development permit where excavation has exceeded the approved area along the Ft. Pearce Wash located at 3300 South and 1900 East, southwest of The Knolls Subdivision. The site is in a geological hazard area and there are no plans at this time for development. The Hillside Review Board recommends approval with the condition that the cut slope is similar to what was approved for the original site of ? to 1 and meets basic grading requirements according to the Building Code. The area is in an agricultural zone which only allows the applicant to grade the property. The Planning Commission recommended approval with a time frame of six months to grade the site and relocate the equipment to the applicant?s M-1 zoned property. The time frame was based on the applicant?s request. The applicant is Russell Limb. Mr. Bradley recommended that the matter be tabled until a field trip is taken to the site.

Russell Limb, applicant, explained that the property is not good for agricultural use.

Council Member Whatcott inquired of Mr. Limb if his intent was to change the zone of the property to M-1.

Mr. Limb replied that he did not want a zone change to M-1, but did want to grade and use the property.

A site visit was scheduled for Thursday, March 13 at 4:30 p.m.

A motion was made by Council Member Gardner and seconded by Council Member Allen to table this item. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Open Space to Residential R-1-10 for 0.4 acre located north of Bloomington Country Club Phase 7 between Los Padres Dr. and Kolob Dr. Frank Lindhart, applicant.


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Community Development Director Bob Nicholson explained the request consists of a standard public road subdivision zoned R-1-10 to match the surrounding property. The public street will tie into Kolob Drive and Los Padres Drive.

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

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

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance vacating the Sun Bowl West plat.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit for a new water tank and pump station in an Open Space zone at about 605 East on Skyline Drive. City of St. George, applicant.

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended approval with the stipulation that a color rendering be provided at the City Council meeting and that the site be landscaped similar to the commercial requirements of 5%. Staff recommends that the area be left natural.

Council Member Gardner suggested the building be relocated to the upper border of the yard area so that new area is not disturbed.

City Manager Gary Esplin advised that staff thought the best site for the tank would be on the backside of a little hill. The pump station, however, would be able to be seen.

Council Member Gardner inquired if the pump station could also be located behind the little ridge to the west side of the tank,

Water Superintendent Frank Kell replied that the pump station would be more noticeable there. He advised that the water tank will hold half a million gallons. The tank across the street holds one million gallons.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the request, without landscaping. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit for a new water pump station in an R-1-10 zone near the existing substation at about 2000 East and Mall Drive. City of St. George, applicant.

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 25, 2003, recommended approval with the stipulation that a color rendering be provided at the City Council meeting and minimum landscaping be provided around the perimeter of the project with commercial standards of 5%.

Council Member Gardner suggested the color of the building match the background instead of the existing building. He made a motion to approve the request subject to the recommendations of the Planning Commission. The motion was seconded

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March 6, 2003
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by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Associate Planner Mark Bradley advised that the setback will have to be met.

Council Member Whatcott suggested that room be provided for expansion.

City Manager Gary Esplin advised that there is enough room so that the building can be set further back.

Associate Planner Mark Bradley commented that a 25' setback is needed, and the building can be set further back.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit for a combined office/apartment for an on-site manager at a proposed new storage unit complex at about 540 N. Dixie Drive. Jeff Adams, applicant.

Associate Planner Mark Bradley explained the request is for a two-story combined office and apartment for an on-site manager for a storage unit complex located on Dixie Drive between 360 and 540 North Streets. A conditional use permit is needed in a C-3 zone, and is reasonable for a secured, gated storage unit facility. According to the ordinance, the residence would need to be strictly used for an on-site manager or security personnel. The Planning Commission recommends approval. The project will consist of a tile roof with stucco siding around the building. Discussion at the Planning Commission meeting centered on providing more landscaping along Dixie Drive, but the ordinance requires a minimum of only 4' between the sidewalk and wall. The Planning Commission wanted a wider landscaping strip, but the applicant proposes to meet the minimum requirements of the ordinance.

Council Member Allen commented that the Planning Commission was concerned about the landscape strip because the project fronts an 80' street. She suggested that the landscaping requirement be revised for property fronting 80' streets.

Jeff Adams, applicant advised that 5% landscaping is required, and his project contains 15%. Originally when he planned this project he wanted to shift the buildings further to the rear, but the ordinance requires a 10' setback when C-3 zoning meets residential zoning. He thought he could get a variance for this, but this is not possible. He stated he would prefer to have a wider landscape strip in the front, but to do this he would lose a whole row of units in the front, resulting in having close to having 25% of his project in landscaping. He stated that in his opinion it is sad that all the landscaping is to the rear of the project where it cannot be seen. If there were any way to move the units back, he would do this. There is lots of landscaping on both ends of the project.

City Attorney Shawn Guzman advised that it would not be possible to obtain a variance.

Council Member Allen inquired if the City Council could require the landscaping to to be located in the front, rather than in the back.

City Attorney Shawn Guzman replied that the City could not violate its own ordinance.

Council Member Whatcott inquired why there were such wide landscape strips on the sides of the project.

City Attorney Shawn Guzman replied that the ordinance provides the Community Development Director with authority to approve a deviation of the requirement that a 10' planting stip shall separate commercial from residential zones, or any combination of fencing or landscaping.

Community Development Director Bob Nicholson stated he would feel comfortable moving half of the landscaping from the back to the front, to add another 6' to the 4' landscaping strip in front.



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March 6, 2003
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City Attorney Shawn Guzman commented that he hated for the City Council to make a decision on the fly, and then later wonder if it was the best decision.

Council Member Gardner inquired because of the grade separation if the wall could be raised by a few blocks and moved to the property line so there is a not a 5' strip of no-man?s land behind the storage units. If this area can be beautified it would be to everyone?s benefit.

Community Development Director Bob Nicholson commented that in this event, he would recommend that all the landscaping to the rear of the project be moved up front to Dixie Drive.

City Manager Gary Esplin suggested that the matter be tabled for two weeks in order to give the City Council time to go to the site so that it knows what it is approving.

Jeff Adams commented that his plans have been submitted to the JUC, and grading plans are being finished up and utility plans will be submitted on Tuesday. He commented that he was well down the road with the project as configured.

Council Member Whatcott commented that in his opinion he would approve the request whether as stated or with the units moved back. He suggested that staff and the applicant work out the landscape setback on Dixie Drive and allow the applicant to move forward.

Jeff Adams commented that he would do whatever he could to try and move the units back as far as possible.

Council Member Whatcott made a motion to approve the conditional use permit, emphasizing that staff and Mr. Adams work together to move most of the landscaping to Dixie Drive, with a minimal amount on the back. The motion was seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Whatcott commented that there was a steep hillside on one side, and it did not make sense to put a wall and landscaping in a place that is abutting up against a high incline.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit for a college student housing development in a C-3 zone at 1000 East 65 North. Andy Leavitt, applicant.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit for the City?s Canyons Softball Complex maintenance building which is proposed near the corner of 2000 North and Snow Canyon Parkway.

This item was addressed at the last City Council meeting.

REQUEST FOR BUILDING PERMIT:
Consider a request for a building permit in the Washington Fields area at about 2100 South on 3430 East. Travis Milne, applicant.

City Manager Gary Esplin explained that under concurrency requirements, any request for a building permit in this area must be brought to the City Council to determine if the conditions warrant the permit. Staff recommends approval because the applicant is requesting only three permits for the entire 15 acre piece. In the past the City Council has allowed building permits outside of the concurrency requirements if used on large lots.

Community Development Director Bob Nicholson suggested that approval be subject to signing an agreement to cover road improvements and connection to the sewer when they are near to the property.


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March 6, 2003
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A motion was made by Council Member Isom and seconded by Council Member Allen to approve the request for a building permit subject to the applicant signing a delay improvement agreement.

Travis Milne, applicant, advised that he will not subdivide the property until the sewer is available for connection, and he just wants to build one house right now.

Council Member Allen inquired of Mr. Milne if he understood the intent of a delay improvement agreement.

Mr. Milne replied that he did.

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

REQUEST TO USE PARK AND FEE WAIVER:
Consider a request to hold a fundraising event in Worthen Park, and a fee waiver for such event. American Cancer Society, applicant.

Janell Rockwell explained that she would like to use the park to host a dog show for the benefit of the American Cancer Society. The event will be non-profit, and she requested that the park fee be waived as well.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve use of the park and waive the fee. Mayor McArthur called for a vote, and all voted aye. The motion carried.

REQUEST TO USE PARK:
Consider a request to hold a fundraising event in Snow Park. Campbell family, applicant.

City Manager Gary Esplin explained that the Campbell family would like to use the park for a family reunion fundraising event. This event is for family members only and not the public. Staff recommends approval.

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

AUTHORIZE MAYOR TO SIGN:
Consider authorizing the Mayor?s signature on a Notice of Intent to the Utah Department of Environmental Quality as part of the EPA Storm Water Regulation program.

City Manager Gary Esplin explained this request constitutes the City?s notice of its intent to apply as part of the EPA storm water regulation program. The City is being forced into this situation, and has no alternative. Therefore, staff recommends approval.

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

INTERLOCAL AGREEMENT:
Consider approval of an interlocal agreement between the City and Washington County for joint and cooperative action for police services for explosive devices.

This item was tabled.

AUTHORIZE MAYOR TO SIGN:
Consider authorizing the Mayor to sign a bring down certificate for the Payson project.

A motion was made by Council Member Isom and seconded by Council Member Orton to authorize the Mayor to sign the document.



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Energy Services Director Phil Solomon explained that this is a legal document which is part of the bonding package and finance package which authorizes the City to become a part of the Payson project.

City Manager Gary Esplin advised that the City?s portion will be 13% of whatever the bond is.

Mr. Solomon advised that the actual pricing will occur next week.

City Manager Gary Esplin advised that the motion should be for 13% of whatever the total cost ends up being.

Council Members Isom and Orton agreed to amend their motion to include this provision. Mayor McArthur then called for a vote, and all voted aye. The motion carried.

DG&T POWER SALES AGREEMENT PRICING EXHIBIT:
Consider approval of the DG&T Power Sales Agreement pricing exhibit.

City Manager Gary Esplin explained that this agreement is a continuation of previous approvals and defines the contract. The contract is more flexible as to when and how the City takes its loads, and with regard to pricing options, and is a good one.

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

Mayor McArthur inquired of Energy Services Director Phil Solomon about the energy outlook for the summer.

Mr. Solomon replied that the resource group met and looked at the summer peak period and put together a risk scenario for the summer. This will be presented to the Water and Power Board. The City has about 125 megawatts of solid resource, with 16 megawatts in reserve to hedge. It is expected the peak this summer will be 150 megawatts. Staff is talking with Deseret about entering into a separate contract to purchase up to 10 more megawatts. Staff has also discussed hedging with the UAMPS pool and is meeting with three UAMPS members with generation about purchasing an option. He stated that based on the estimates, the City should be OK. He advised that the generators have had to be run periodically since October when usage had been underestimated, but they have only had to be run for about an hour at a time.

COST OF SERVICE INCREASE:
Consider approval of cost of service increases for automatic meter reading modules.

Energy Services Director Phil Solomon explained that as discussed in work meeting, Water and Energy Services are looking at implementing an automatic meter reading system which entails the installation of devices on the meters which can be read by a radio or certain frequency. The additional cost will be $45 for each electric meter. Staff proposes that these additional costs be added to the cost of service that new construction is paying so that these devices are added to all new construction. Existing meters would be phased in over a four to five year period.

Mayor McArthur commented that retrofitting would be at the City?s cost.

Water Services Director Barry Barnum advised that the additional cost will be $157 for 3/4" and 1" water meters, and $182 for 1 ?" and 2" water meters.

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





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March 6, 2003
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Mr. Solomon advised that another reason staff is recommending this new method of meter reading is that several meter readers have been injured trying to lift lids or read the meters from their scooters, and is made in an effort to meet safety goals.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in the audience to introduce themselves.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held February 13, 2003.

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

RECOMMENDATION FOR CONDITIONAL USE PERMIT:
Council Member Isom recommended that the City?s Business License Ordinance be amended so that in the future all requests for a telemarketing business license go through the conditional use permit process. This will give the Fire Department an opportunity to check for adequate parking. Council Members Orton and Allen agreed.

Community Development Director Bob Nicholson advised that the Planning Commission would be discussing this at their next meeting.

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

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

The vote was unanimous and the motion carried.

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

UPDATE ON DG&T:
Energy Services Director Phil Solomon presented an update on the DG&T contract.

DISCUSSION RE AMBULANCE SERVICE:
City Manager Gary Esplin explained it is not the City?s intent to take over the ambulance service, but to be prepared in case it has to in order to establish an acceptable level of service for the community. A brief discussion then followed. It was the general consensus that an acceptable service level must be maintained.

Council Member Isom was excused from the meeting.

ADJOURN:
A motion to adjourn was made by Council Member Orton and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried and the meeting adjourned at 7:30 p.m.



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Gay Cragun, City Recorder