City Council Minutes

Thursday, February 6,2003



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

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Sharon Isom
Council Member Bob Whatcott
Council Member Larry Gardner
Council Member Suzanne Allen
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 Gary Esplin and the invocation was offered by Shawn Guzman.

Council Member Gardner arrived.

CONSENT CALENDAR:
Consider approval of the financial report for December, 2002.

City Manager Gary Esplin commented that the City was in excellent financial condition so far this year.

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

TABLE BID ITEM:
Purchasing Agent Sue Swensen recommended that item 2D to consider an award of bid for asbestos abatement at the Community Arts Building be tabled until the next City Council meeting.

A motion was made by Council Member Isom and seconded by Council Member Gardner to continue award of this bid until the next City Council meeting. Mayor McArthur called for a vote, and all voted aye. The motion carried.

BID OPENING:
Consider award of bid for three tapered tubular steel self-supporting transmission structures and two direct embedded steel structures for the Energy Services Department.

Purchasing Agent Sue Swensen presented five bids received:

Valmont Polees $77,027
M&E Sales $76,410
IUSI $98,246
Thomas & Betts $67,887
TransAmerican $62,815

She recommended award to the low bidder, TransAmerican, in the amount of $62,815.
The bids were reviewed by UAMPS and they also recommend award to TransAmerican.

A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to TransAmerican in the amount of $62,815. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider approval of a change order to the Water Services building addition and remodel.

Purchasing Agent Sue Swensen explained a change order in the amount of $$48,146.70 is needed to add and install two steel shelters at the site to cover equipment. The vendor is Arnell West.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the change order in the amount of $48,146.70. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a 2003 Skid Steer Bobcat for the Parks Department.

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February 6, 2003
Page Two

Purchasing Agent Sue Swensen recommended purchase of the 2003 Skid Steer Bobcat through the State contract with Scott Machinery in the amount of $26,893.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the purchase through the State contract with Scott Machinery in the amount of $26,893. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for asbestos abatement at the Community Arts Building.

This item was tabled until the next City Council meeting.

AWARD OF BID:
Consider award of bid for four police interceptors.

Purchasing Agent Sue Swensen recommended purchase of the four police interceptor vehicles through the State contract with Butterfield Ford in the total amount of $88,712.

City Manager Gary Esplin explained that the vehicles will be used by the Resource Officers in the middle schools approved as part of a budget opening.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve purchase of four police vehicles through the State contract with Butterfield Ford in the total amount of $88,712. Mayor McArthur called for a vote, and all voted aye.

AWARD OF BID:
Consider award of bid for two 3/4 ton pickup trucks for the Parks Department.

Purchasing Agent Sue Swensen presented the bids received:

Young Chevrolet $17,388.09 each
Stephen Wade $21,386.33 each
Butterfield Ford $17,372 each

She recommended award of the bid through the State contract with Butterfield Ford in the amount of $34,744 for both trucks.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve purchase of the two trucks through the State contract with Butterfield Ford in the amount of $34,744. Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the execution and delivery of the Utah Water Finance Agency Joint Action Agreement and related matters.

City Manager Gary Esplin explained that this resolution was approved at the last meeting but needs to be re-adopted in order to appoint a City representative to the Agency. He recommended that Mayor McArthur be appointed as the City?s representative.

A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the resolution and appoint Mayor McArthur as the City?s representative. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous the motion carried.

City Manager Gary Esplin explained that the Utah Water Finance Agency is a consortium of entities formed to help finance water projects in the State.

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



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February 6, 2003
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RESOLUTION:
Consider approval of a resolution authorizing use of the FTA?s TEAM System.

City Manager Gary Esplin recommended that City Treasurer Deanna Evans be authorized as the City?s representative in this program.

Mr. Esplin was advised that the City Manager must be authorized to designate certain employees to execute and submit certain certifications, grant applications and grant awards under the System.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution authorizing the City Manager to appoint a representative. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning an access easement on Rivers Edge Lane.

City Manager Gary Esplin explained that the City originally obtained an easement in this area to provide access to common open space along the Santa Clara River. Since that time this common area has been sold to adjacent property owners. The easement is no longer needed by the City and staff recommends that it be abandoned to the adjacent property owners.

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

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

The vote was unanimous and the motion carried.

LOCAL CONSENT:
Consider approval of a request for a restaurant liquor license. Ernesto?s Restaurant, applicant.

City Manager Gary Esplin explained that the applicants have a current beer license and would now like to apply to the State for a restaurant liquor license. There is a church located in this same shopping center, but it has been the City?s practice in the past to approve upgrade of the license.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the local consent.

City Manager Gary Esplin explained that restaurant liquor licenses are more highly controlled than package agencies, etc., and the City has no quota or limitation as long as the applicant can qualify under the City?s ordinance. The State has a limitation on the number allowed in the state.

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

RESOLUTION:
Consider approval of a resolution adopting conservation water rates.

City Manager Gary Esplin explained that with the current water supply problems and those facing the City in the next year, a committee was established to look at ways to conserve water. A recommendation was made by the Committee and the Water and Energy Services Department to adopt a seasonal water conservation rate. Under this proposed rate schedule each resident will be allowed up to 35,000 gallon a month at the current rate. Anything over 35,000 gallons during the season will be assessed at a higher rate.


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February 6, 2003
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Finance Director Phil Peterson explained that for clarification, staff proposes that conservation rates be looked at differently than the AOPC issue as to who qualifies for the residential rate. One alternative might be to group all PD units into one common designation and then each unit be allowed to use up to 35,000 gallons a month, the same as a single family residential unit. There is a concern that the City does not want to encourage more water use, and perhaps some sort of formula could be put together based on the past year?s usage.

City Manager Gary Esplin commented that PD units usually do not use 35,000 gallons a month, and therefore more water use should not be a problem. He stated he thought there was a built-in incentive to not use more water than they are currently using. One question raised in the work meeting was whether the proposed conservation rates are high enough in the upper brackets, however, no additional recommendations have been made.

Finance Director Phil Peterson explained that the water conservation rate season is proposed to be for those bills issued after April 1 through September 30, and will be based on a billing date, not on when the meter is read. He stated that while the upper tiers of the conservation rate schedule might be too low, members of the Water and Power Board and City Council have commented that they don?t want the City to become a rock garden, and there is benefit to having some lawns. The brackets are not set in concrete and can be changed.

Mayor McArthur commented it was important to adopt a conservation rate schedule, and the City Council can always adjust the rate if it determines it is not doing what it was intended to do.

Finance Director Phil Peterson commented that the City also has financial obligations, and if rates are raised too high, the City might lose revenue.

Council Member Gardner commented that the City will find out in the summer whether it needs to make adjustments to the rate schedule, and it can do so at any time. While this is a modest effort, it is worthwhile to see if another step is needed rather than being too aggressive.

A motion was made by Council Member Isom to approve the resolution. The motion was seconded by Council Member Whatcott, who commented that while he was in favor of conservation, the proposed increase was extremely modest. In the worst case a citizen will pay $4.00 more for 5,000 gallons of water, and this is not penalizing anyone. He stated that unless the City rations water, there will not be an adjustment in water use due to the conservation rate, as it will not noticeably affect the pocketbook.

Mayor McArthur inquired of Finance Director Phil Peterson if the City had the capability to monitor the effect the conservation rate would have on water usage.

Mr. Peterson replied that he would do so.

City Manager Gary Esplin explained that mandatory restrictions will be necessary regardless of the cost of water if the City gets to the point that it knows the quantity of water it has will not meet the demand. Staff will be monitoring this on a daily basis. The City will also be staffing an Energy and Water Conservation position shortly, and this person will be able to give a report on a regular basis. He requested that the motion be clarified that there will be no qualifying criteria for the amount of water allocated to an individual residence or equivalent residential unit.

Council Members Isom and Whatcott agreed to add this clarification to the motion.

Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting a water rate policy for PDs.



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February 6, 2003
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Finance Director Phil Peterson explained that staff proposes that anyone who lives in a PD residential unit be given the opportunity to qualify to have the same residential water rate as anyone with a normal 3/4" meter. There are a few steps which must take place prior to this, recognizing that when a PD residential unit was built the impact fees were less than what would have been paid for a 3/4" meter service rate. It must first be demonstrated that the impact fee differential has been made up by the increased rate they have been paying by virtue of reaching higher limits of water consumption and therefore paying higher rates than if they had a 3/4" meter. Once this is established, each of the qualifying PDs would be billed according to the criteria contained in the policy, which he then read.

City Manager Gary Esplin commented that the AOPC has raised the question of the inequity of the billing system and the money that the PDs are saving the City through meter reading, etc. Staff?s position is that the City must still have a meter reader read every unit as there is still an electrical meter, and the City would not realize any savings from less staff to read the water meter vs. the electric meter. There would not be any additional savings in billing, as a bill is sent to each individual electric meter. There is one area, however, in which the City and AOPC agree, and that is the City receives a benefit with regard to collection as the association pays the total bill and the City does not have to deal with individual units and the problem of those units not paying their bill. It can be argued how much benefit this is and if it changes the length of time it would take for a project to pay back its impact fee, and that might change how soon they receive the new water rate.

Finance Director Phil Peterson commented that while it might take additional time to read a water meter, he could not see where any personnel needs could be reduced nor bill preparation costs reduced.

Council Member Whatcott commented the City faces the same situation when it deals with commercial projects with multiple tenants, and none of those are expecting a rebate, and he did not see it as an issue.

AOPC President Jerry Campbell distributed a hand-out, which he then read. This is attached hereto as Exhibit ?A.?

City Manager Gary Esplin commented that when the City and AOPC discussed this issue in a work meeting, Mr. Nicola recommended it be the responsibility of individual PDs to determine whether or not they met the requirements, and the City will be happy to provide whatever information it has to help in doing so.

Mr. Campbell commented the City would have to have a program to certify the numbers.

Finance Director Phil Peterson commented that the City is willing to help with the history, but as far as the calculations, he would rather check them as opposed to doing them himself due to a time value.

Mayor McArthur inquired what percent of payment the City does not receive in its utility billing.

Mr. Peterson replied that in fiscal year 2002, it was 4/10 of one percent.

Council Member Allen arrived.

Mr. Peterson commented that the $3.00 figure suggested by the AOPC was considerably more than 4/10 of one percent, and is more along the line of 25%.

Council Member Whatcott advised that according to his calculations the cost to read a meter is between 23? and 35? per unit. He stated that the $3.00 figure would shorten the amount of time in which a PD qualified, thereby shorting the impact fee the City would receive.

Council Member Whatcott commented that Mr. Nicola suggested the City choose 15% as the difference in rates paid and go from there.

Gil Nicola commented that a meter reader could not read 141 water meters in the same amount of time it takes to read nine. A PD indemnifies the City against any loss on water, and it should be given credit for it. No matter what, the City will always receive this benefit from PDs. It is simple to qualify the PDs if you take 15% of what they spent in the year, as they probably overpaid by that much, and then it would not have to be taken into consideration how many homes there were. Additionally, PDs have

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February 6, 2003
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paid an exorbitant amount on a percentage basis in meter fees. He suggested a flat 15% be used to qualify PDs.

Gary Beddingfield inquired if there was a reason why the City has not been able to provide loaded figures or actual costs for reading meters.

Finance Director Phil Peterson replied it would be easy for him to calculate this cost.

Mr. Beddingfield explained the loaded figure should include the use of vehicles and employee benefits, as well as salary.

Council Member Whatcott commented that it appeared if 15% was multiplied by the number of gallons used the past four to five years, this would simplify the calculation. He stated he was not comfortable with an additional $3.00 credit per unit, and the 15% solves both issues making it simpler for the City and PDs. He then made a motion to approve the policy.

City Manager Gary Esplin clarified that the City would be taking the number of gallons used to obtain a dollar amount, and then add a credit of 15%.

The motion was seconded by Council Member Gardner.

City Manager Gary Esplin clarified that it is the City?s intent to amend its ordinance to require individual water meters for all PD units, and a public hearing on this issue will be held at a later date.

Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Mayor McArthur invited Scouts from Troop 1751 to introduce themselves.

Council Member Isom left the stand.

PUBLIC HEARING/AMEND SUBDIVISION ORDINANCE:
Public hearing to consider amendments to the Subdivision Ordinance.

City Manager Gary Esplin recommended that a public hearing be opened and continued until the next meeting as the Subdivision Ordinance amendments are going back to the Planning Commission for their review and recommendation.

Council Member Isom returned to the stand.

Mayor McArthur opened the public hearing.

Community Development Director Bob Nicholson explained that a draft ordinance has been distributed for review, and another meeting is scheduled with the Homebuilders tomorrow. It is felt that most issues can be resolved. The Planning Commission will consider the ordinance at its next meeting and it can be scheduled on the February 20 City Council agenda. The draft ordinance will be available at the Community Development and Engineering offices.

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

A motion was made by Council Member Allen and seconded by Council Member Isom to continue the public hearing until February 20. Mayor McArthur called for a vote, and all voted aye.

SET PUBLIC HEARING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003, recommended a public hearing be scheduled for March 6, 2003 at 5:00 p.m. to consider a zone change from OS to R-1-10 on .40 acre located north of Bloomington Country Club Phase 7 between Los Padres Drive and Kolob Drive. Frank Lindhardt is the applicant.


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February 6, 2003
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A motion was made by Council Member Isom and seconded by Council Member Orton to schedule the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 29, 2003 recommended approval of the final plats for Red Butte Estates Phase I, Stonegate at Seven Hills Phase 2, Riverside Heights Plat F, Ironwood Phase 6, Castle Rock Phase 1, 3D Development with 18 commercial lots at 2680 South 120 East, and a road dedication plat for 1540 East Circle.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the final plats and authorize the Mayor to sign them. Mayor McArthur called for a vote, and all voted aye.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission recommended approval of the preliminary plat for Sundown Estates with eight single family lots in an RE-20 zone located at 750 North 1275 West subject to the easements as shown on the plat, no fence along the creek, and a request that City Engineering address the purpose of the fence as recommended at Planning Commission. Brad Griffiths is the applicant. This item was continued at the last City Council meeting in order to work out details with the applicant. Those details have been worked out, as follows: The creek channelization will be engineered with a ten foot maintenance access below the bank, and a safety guard fence will be placed at the top of the bank which will allow a ten foot setback for the dwelling between the dwelling and the fence.

City Manager Gary Esplin inquired if the actual boundary of the lot went into the creek.

Mr. Bradley replied that it did.

City Manager Gary Esplin suggested the area in the creek be identified in an easement and uses be restricted. This will allow the applicant to use the area for the lot, but prohibit use of the easement area from any other use except for transmission of flood waters.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat subject to an easement restricting use of the creek area to transmission of flood waters, and subject to the details which were worked out with the applicant and Engineering Department. 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 January 28, 2003, recommended approval of the preliminary plat for Meadow Valley Estates in an RE-12.5 zone at 2800 South and Little Valley Road. Staff recommends a north-south street to connect the longer east-west streets for access and connectivity. The applicant is willing to provide a pedestrian access easement, but staff feels the north-south street is critical for the welfare of the general public. Kevin Ence/Ed Burgess are the applicants.

An unidentified man commented that because the narrow pedestrian corridor may be a little daunting at night, the applicants will install lights at each end and one in the middle of the corridor. The main reason the applicants do not want the north-south road is because the project is surrounded on three sides by collector roads and they do not want traffic funneled through the subdivision rather than out to the collector roads.

Council Member Allen expressed concern that while the pedestrian corridor may help the pedestrians, it does nothing to help move traffic through the neighborhood.

Mayor McArthur commented that offsetting the road would help.

City Manager Gary Esplin commented that a north-south road would provide connectivity for the subdivision, and if it were offset, it would solve both problems.

Mayor McArthur commented he felt an injustice would be done to the subdivision if there were no connectivity.

An unidentified man commented that another motivation not to put in the north-south road was that it would cost two lots.

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February 6, 2003
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A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the preliminary plat with the requirement that a north-south road be provided through the subdivision, allowing it to be offset if desired by the applicants. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT AND HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003 recommended approval of the preliminary plat and hillside development permit for Primrose Pointe located on the east side of the East Black Ridge along the Middleton Wash west of Mall Drive subject to: (1) a drainage note on the final plat; (2) completion of the traffic impact study; (3) no fence or wall be built above the no build line, which is the easement line; (4) work with the Parks Department on the trail alignment; (5) a no build - no disturbance line put on the final plat; (3) rock fall hazard noted on the final plat; (6) cut and disturb only one phase at a time; and (7) use orange grid material along the wash during grading and construction. Staff also recommends that the developers continue to work with Kent Perkins and his staff on the alignment of the trail. Vince Clayton is the agent. The Hillside Review Board recommended approval subject to five items: (1) work with the Parks Department on the trail alignment; (2) a no build-no disturbance line put on the final plat; (3) reconfigure Lots 1-4 and Lots 111-115 to accommodate trails and preserve natural rock; (4) a field trip with the Planning Commission and City Council prior to preliminary plat and hillside development permit approval; (5) a rock fall hazard noted on the final plat; and (6) staff work out details of the plat name with the applicants. Items 3, 4 and 6 have been addressed.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the preliminary plat and hillside development permit as recommended by the Planning Commission and Hillside Review Board.

Vince Clayton, applicant, advised that some of the lots were reduced to help protect the rock out-croppings, and the trail alignment is the same as last time, and has been agreed upon.

Leisure Services Director Kent Perkins advised that the engineers and developers have met and at this point the developers do not own the property for the trail. The City has been negotiating back and forth with Rocky Mountain, the property owner, to acquire the trail. In two or three places the trail and road bump into each other, and possibly a swap of land could be made to make adjustments in the trail alignment.

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 January 28, 2003, recommended approval of the preliminary plat for The Estates at Bloomington located north of Bloomington County Club No. 7 between Los Padres Drive and Kolob Drive, subject to the same conditions recommended by the Hillside Review Board, as follows: (1) Shift the lot lines from Lot 7 east 10 feet over adjusting Lots 7 through 14; and (2) build a natural rock retaining wall adjacent to the neighbors to the south, recognizing there will be walk-out basements for the lots south of the road. Frank Lindhardt is the applicant.

Frank Lindhardt, applicant, explained that the recommendations of the Hillside Review Board work fine for him, and encroachments onto his property consist of landscaping only.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the preliminary plat and 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.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003, recommended denial on a 6-0 vote of the request by Stone Pointe Townhomes Phases 3, 4 and 5 to make a cut into the adjacent City property to allow for engineering of the proposed retaining wall. This is a change to the original development plans and permit. The Hillside Review Board met on site January 16, 2003 and recommended approval subject to: (1) the drainage to follow City guidelines and be approved by the City Engineer; (2) use rocks from existing disturbed areas and other sources as needed for the retaining wall and replace rocks on the proposed new disturbance area with the natural black rock that now exists there; and (3) reseed new disturbed areas with wild grass. The Planning Commission recommended denial for the

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following reasons: (1) encroachment on to adjacent City property; (2) City liability for the wall, including the time frame of constructing it; (3) the wall height and slope in reference to inappropriate terracing; and (4) the garage setback reduction request. Mans Jennings is the applicant. The project already contains the minimum width for roadways.

Mans Jennings, applicant, stated that the request was simply to obtain a construction easement to build a wall which was already approved. When the engineer put together the final plat for the wall, it was discovered it was impossible to make a straight up and down cut to build the wall. He designed the slope to be the least offensive, and then asked for a construction easement to build the wall. He brought the plan in and showed the line where the maximum amount of excavation would take place and encroachment on to City property. The area would be backfilled and compacted back to the standard. There was a misunderstanding, and the City said the request had to be taken back to the Hillside Review Board. The Hillside Review Board approved the request.

Council Member Allen inquired about the distance needed to cut further into the hillside.

Mr. Jennings replied that 20-30' would be the maximum, but he did not think it would have to go over 15'.

Council Member Allen inquired why this plan did not follow the original, approved plan.

Council Member Gardner replied that the plat had not changed. The plat went to the Hillside Review Board one year ago, and then the Planning Commission, and the City Council approved the preliminary and final plats in September. In order for the contractor to get to the top of the wall he has to access City property. He went to the City to make sure he could access the top of the wall from City property, and this led to the problem. This is a simple request for an encroachment permit. Nothing has changed. The only thing to be clarified is as the wall is constructed, if it impacts the City or hillside and does it cause any change to any of the approvals. The request appears to have gotten mixed up in the discussion at the Planning Commission meeting where the issues centered around rehashing the preliminary and final plats, which have already been approved.

Council Member Orton inquired if the City understood there would be that much encroachment onto City property when it approved the preliminary plat.

Council Member Gardner replied that most of the areas shown by the engineer have already been disturbed, and are just for access to the property to take care of the scar which is already there. The wall will be built on private property.

An unidentified man explained that when the area was staked, the area of City property was already scarred, which they will cover up. They are simply asking to be able to fix the area. They are not going to get on top of the hill, and if they have to they will come back with a geo grid on their property and not on City property.

Mayor McArthur inquired if any new property was going to be disturbed.

An unidentified man replied that there are places on City property along the property line which will have to be disturbed, but when they do so the disturbances will be very small. In some places the rock outcropping is to the property line, and they will need to dig down in order to put the wall in, and then fill in back of the wall and this will restore a lot of the disturbed places.

Council Member Orton inquired if other developer have been allowed to encroach onto City property.

Council Member Gardner replied that the encroachment will fix a problem.

Council Member Whatcott inquired if the City would allow anyone else to go onto City property to further cut a hillside, and commented there will be additional cuts into the hillside which will be able to be seen.

Mr. Jennings commented that his request is being misunderstood.

Council Member Whatcott replied that Mr. Jennings is requesting additional cuts. He suggested a field trip to the site.



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February 6, 2003
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Mr. Jennings explained that the request was reviewed by the Hillside Review Board twice, and they approved it twice. The Planning Commission focused on the preliminary plat and on issues already approved instead of the request for an encroachment permit.

Mayor McArthur suggested that a field trip to the site be scheduled in order to see what the encroachment will be.

Council Member Gardner commented he felt the City Council was missing the point.

An unidentified man commented that 2/3 of the area is already disturbed.

Council Member Gardner commented that the new disturbance is very minor.

Council Member Orton inquired about staff?s opinion.

Associate Planner Mark Bradley replied that the area in question identified for a grading permit is different than the original hillside plans which were previously approved. They now show a cut is needed on City property. Any significant change is required to go back through the Hillside Review Board. The IBC requires that when there is a cut, it has to be offset from the property so it does not encroach onto an adjacent property, and it must stay on the developer?s property. This is why this request had to go through the complete process again - to amend the hillside development permit. He recommended that the City Council take a field trip to the site. He explained that this project was discussed with the applicant?s engineers to see if there was any way to stay off City property. The soil is not stable enough and that is why a geo grid is needed. If the soil were solid, there would not be a need for the encroachment.

An unidentified man explained that the geo grid will stay on the applicant?s property, and all they are asking for is to make sure they have enough room to do their work safely.

A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the request.

Council Member Orton commented that for clarification he would like to look at the site for an understanding of what he was to vote on. He inquired of the applicant if it would create a problem to delay the decision another two weeks.

Mans Jennings replied that the project had already been delayed one year, and this has cost him a lot of money.

Council Member Allen commented that other issues needed to be clarified too, such as sidewalks and driveways

An unidentified man commented that the preliminary plat did not show sidewalks as the project was tight for space, but after the City asked for sidewalk on one side, it were added. All other conditions asked for by the City were met. The only problem now is the wall and the need to go onto City property.

Associate Planner Mark Bradley explained that the preliminary plat remains the same, although there have been increases in the size of pads, but sidewalk setbacks are still being met. The sidewalk requirement is now a standard development requirement.
He explained that the zone change for the project took place in May, 2002, and the preliminary plat and hillside development permit were approved at the same meeting.

Council Member Whatcott commented he would feel more comfortable seeing the site.

Council Member Allen commented she too would like to see the site.

Mans Jennings asked if the request could be approved with a contingency.

Council Member Whatcott replied that this could not be done.

Council Member Gardner withdrew his motion, and Council Member Isom withdrew her second to the motion.

Council Member Gardner commented he was troubled by the fact that this was simply a request for an encroachment permit, and these are typically approved by staff, not the City Council. He inquired if a full two weeks was needed to make a decision.


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February 6, 2003
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Council Member Allen replied that the request was unanimously denied by the Planning Commission, and it would be wise to have a site visit.

City Attorney Shawn Guzman commented that any encroachment onto City property is a City Council decision.

Council Member Allen reminded that the Planning Commission recommended denial for several reasons, which she then read.

City Attorney Shawn Guzman commented he was not clear on City liability for the wall.

A motion was made by Council Member Orton to table the item for two weeks and take a field trip to the site on Thursday the 13th of February.

Council Member Gardner inquired if the meeting could be advertised as a special meeting so a decision could be made on the 13th.

Council Member Orton amended his motion to table the item until the 13th at which time a decision would be made.

Mayor McArthur advised that the City Council would meet on site at 4:00 p.m. on February 13th for a special meeting.

Council Member Whatcott suggested that the area be staked. He then seconded the motion. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Isom was excused from the meeting.

Mayor McArthur called for a short break.

BEER LICENSE:
Consider approval of a request for a beer license for the Sun River Golf Club.

City Attorney Shawn Guzman explained that this beer license request involves a change of operators.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the request. Mayor McArthur called for a vote, and all voted aye. Council Member Whatcott was absent from the stand.

DESIGN AND CONSTRUCTION MANAGEMENT CONTRACT:
Consider approval of a design and construction management contract with Alpha Engineering for the 400 East drain line extension.
Public Works Director Larry Bulloch explained that the City has developed a storm drain system to carry run-off from St. George Blvd. The project will begin downstream at the end of the freeway and by developing a series of projects will work its way up the street and connect into a future storm drainage system built as part of the St. George Blvd. reconstruction project. This year there is $200,000 budgeted. Staff is asking for approval for an engineering design contract to get a feel for what is going to be needed upstream, but the project now will be confined to $200,000 anticipating that as new funding becomes available it will pick up the design and segments of the work upstream can be done. $200,000 will not even take the project to 700 South.

Council Member Orton commented that he was concerned about doing the design without doing the entire concept, and he inquired if the City would be throwing good money away by piece-mealing the project.

Mr. Bulloch replied that staff feels comfortable spending a good portion of this year?s funding on the design, and once this is done then the City can begin working on it in a more comprehensive way. Mr. Bulloch explained there is an unsafe condition when it rains as traffic tries to cross Flood Street on 700 South. This project will take the storm drainage system from the freeway to 700 South.

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

FEE WAIVER FOR USE OF PARK:
Consider a request for a fee waiver for use of a park.


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February 6, 2003
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City Attorney Shawn Guzman explained the AA organization is requesting waiver of the $20 park rental fee. The City has waived the fee in the past for other non-profit organizations, and the law allows the City to do so.

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

ACCEPT BOND:
Consider acceptance of the Charter Communication bond.

City Attorney Shawn Guzman explained that a $25,000 bond is required under the franchise agreement with Charter Communications. It appears that in the change-over from Falcon Communications to Charter Communications the bond was allowed to lapse. The City now has the bond, and Charter Communications is asking that the City accept it. He advised that the bond looked fine.

Mayor McArthur inquired if $25,000 was an adequate amount, and if the amount was updated regularly.

Mr. Guzman replied that he thought the amount was low, but a $25,000 bond is required under the agreement. He advised that it would be worthwhile to look at the amount when the franchise agreement is renewed.

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

APPROPRIATE AND APPROVE PUBLIC INTEREST USE OF PROPERTY:
Consider approval to appropriate unclaimed property and to designate and approve public interest use of the property.

City Attorney Shawn Guzman explained that state statute requires a city to advertise unclaimed property, and if it remains unclaimed, the city can either sell or appropriate it for city use. In this case Sunbrook would like to use a trailer which was abandoned. Advertisement has been done according to the statute.

Council Member Orton inquired what would happen if the owner identified the trailer after the City appropriated it.

City Attorney Shawn Guzman replied that there may be a small window of opportunity to redeem it, but legally it would belong to the City.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve appropriation of the unclaimed trailer and approve a public interest use of the trailer. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT FOR ENVIRONMENTAL ASSESSMENT:
Consider approval of an agreement with SWCA for an environmental assessment for the reuse pipeline.

Water Services Director Barry Barnum explained that SWCA is an environmental consulting firm from Las Vegas who has contracted with the Bureau of Indian Affairs to do an environmental assessment for the reuse pipeline. Two reservoirs have been added to the project which will double the amount of water available in the summer months. The reservoirs were not part of the original project and are beyond the scope of the BIA sponsored EA. The City, by introducing this additional scope of the project, needs to establish a contract with SWCA to do an environmental assessment on the two reservoir sites.

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

AUTHORIZING UAMPS REPRESENTATIVE TO VOTE:
Consider authorizing the City?s UAMPS representative to vote on a UAMPS resolution to purchase property from the City of Payson for the Payson Gas Turbine Plant Project.



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February 6, 2003
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Mayor McArthur commented that apparently the City was locked into the Payson project.

Power Services Director Philip Solomon explained that the City made a request to UAMPS inquiring about its options to withdraw from this project. The City?s only option is to find someone to buy its entitlement share. The proposed resolution is to purchase property from Payson City for the project in the amount of $420,000. Authorization is requested to vote on the resolution in favor of the agreement to purchase the property. He explained that this item is closely related to the following item.

AUTHORIZING UAMPS REPRSENTATIVE TO VOTE:
Consider authorizing the City?s UAMPS representative to vote on a UAMPS resolution for bonding for the Payson Gas Turbine Plant Project.

Energy Services Director Philip Solomon explained that with regard to the resolution, a conference call was held today and St. George will be included in the Pricing Committee and have a weighted vote and carry its percentage. 2003 bonds will be issued in a principal amount sufficient to provide costs of construction for the project ($98 million, but not to exceed $115 million). It is felt that $115 million will generate enough receivable money after payment to the bankers to fund the $98 million project. The $115 million does not include purchase of the property. Staff and the bankers will continue to work on the numbers to get them down to where bonding for $115 million is not needed, and if everything works well, the actual bond amount will be $103 million.

A motion to authorize the City?s representative to vote on the UAMPS resolution to purchase property from the City of Payson for the Payson Gas Turbine Plant Project was made by Council Member Orton and seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried.

A motion to authorize the City?s UAMPS representative to vote on a UAMPS resolution for bonding for the Payson Gas Turbine Plant Project was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Attorney Shawn Guzman advised that the City?s weighted vote of 14% is significant.

LEGAL SERVICES CONTRACT:
Consider approval of a legal services contract with Foley and Lardner to provide legal counsel to the EIS process for the Replacement Airport.

Airport Manager David Ulane advised that the City has been encouraged to secure independent specialized counsel with a background in environmental aviation. Staff recommends approval. The fee for this services is reimbursable under the FAA grant. The City is only responsible for 9% of the amount which comes from the passenger facility charge.

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

Mayor McArthur inquired about public comments received with regard to the EIS.

Mr. Ulane replied that 90% of the comments received were about noise over Zion National Park, although some comments wanted noise considered over any national park within 250 miles. The scoping language agreed upon is a compromise, and focuses primarily on Zion National Park and other national parks as may be determined during the process. Advertising for consultants is taking place and will end March 14.
Mayor McArthur inquired about the other 10% of comments received.

Mr. Ulane replied that the rest had to do with air quality and socio-economic impacts, but most of the scoping of the EIS will focus on noise.

LANDSCAPING PROJECT:
Consider approval of a landscaping project for the City Office.

Mayor McArthur advised that staff recommends the project be put out for bid for proposals, or perhaps partnering in the project. The City already has the plan and

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February 6, 2003
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knows the cost of the plan. In the meantime staff will begin removing the lawn. He recommended that the project be brought back to the City Council in 30 days.

Council Member Whatcott commented that delaying the project long enough to receive bids will not affect it, as planting takes place in St. George 365 days a year. He stated he considered this an opportunity to make a statement that conservation can look good, while making landscapers a part of the project.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to advertise for bids and bring the matter back to the City Council in 30 days. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPOINTMENTS:
Appointments to boards and commissions.

Mayor McArthur recommended that Ross Hurst be reappointed to the Water and Power Board.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to reappoint Ross Hurst to the Water and Power Board. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur recommended the following appointments to the Housing Authority:

NAME TERM ENDING
Gary Carter 1/06
Richard Hafen 1/05
Diane DePew 1/06
Kay Canterbury 1/05
Sybil Livingston 1/04

A motion was made by Council Member Orton and seconded by Council Member Allen to reappoint Housing Authority members as recommended by Mayor McArthur. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held January 16, 2003.

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

Consider approval of the minutes of the City Council work meeting held
January 23, 2003.

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

MISCELLANEOUS:
Mayor McArthur advised that there have been complaints about the dust and smoke in the Little Valley area, and Air Quality will be coming down next week.

Mayor McArthur advised that since the new airport was not moving along as quickly as the City once thought, it was his feeling that the RC and others using the old CAA airport should be able to continue using the site and the airport should not be locked up.

Council Member Allen advised that the roundabout at Main and Tabernacle is not scheduled to be closed during the Arts Festival, and this will severely restrict the Arts Festival and is dangerous.

Mayor McArthur and City Council members assured Council Member Allen that the roundabout will be closed during the Arts Festival.

The meeting then adjourned.


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Gay Cragun, City Recorder