City Council

Thursday, June 5,2003
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 5, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Sharon Isom
Council Member Larry Gardner


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

Mayor McArthur thanked the public for conserving water during this time of drought.

Mayor McArthur presented a plaque to Orden Bateman in recognition of his efforts in coordinating clean-up and beautifying the area north of the Dixie High School baseball field.

Mayor McArthur recognized members of the Pine View High School Boys? Baseball Team and congratulated them on their recent designation as State champions.

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

Marc Mortensen presented a video update of the City?s community forestry plan, the airport, energy services department, and community arts division.

City Manager Gary Esplin advised that item 2E to consider an award of bid for local telecommunication service would be tabled from the agenda.

AWARD OF BID: Consider award of a blanket contract for T-shirts and screen printing.

Purchasing Agent Sue Swensen advised that the City?s yearly invitation to bid was sent to several vendors, but only one responded. She recommended award of the blanket contract to Mega Pro in an amount not to exceed $45,000 for the year.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the blanket contract to Mega Pro in an amount not to exceed $45,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for crack sealing, seal coating, and striping of trails, parking lots and roadways.

Purchasing Agent Sue Swensen reviewed the three bids received:

Staker & Parsons (Western Rock) $49,035
Gordon Paving $43,085.50
Holbrook Asphalt $49,331.56

She recommended award to the low bidder, Gordon Paving, in the amount of $43,085.50. This project will consist of crack sealing, seal coating, and striping 590,000 sq. ft. of various trails, parks, and parking lots.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Gordon Paving, in the amount of $43,085.50. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Quail Creek Water Treatment Plant 9MG water storage tank.

Purchasing Agent Sue Swensen presented two bids received:



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June 5, 2003
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Sunroc $328,850
Desert Hills $334,977.50

She advised there was an error in Sunroc?s calculations, and their corrected bid amount is $328,972.50. She recommended award to the low bidder, Sunroc, in the amount of $328,972.50. The work to be performed consists of grading the area for placement of the water tank.

A motion was made by Council Member Orton and seconded by Council Member Allen to award the bid to the low bidder, Sunroc, in the amount of $328,972.50. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Valley View storm drain project.

Purchasing Agent Sue Swensen presented five bids received:

Aldred Construction $64,000
Blackmore Construction $56,776
Desert Hills Construction $81,548
Sunroc Corp $57,841.60
L&M Construction $53,312

She recommended award of the bid to the low bidder, L&M Construction, in the amount of $53,312. She explained that this project consists of extending the storm drain west of the apartments on Valley View Drive and connecting to the existing line on Shadow Hills Lane and into the future Shadow Hills Subdivision.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to award the bid to the low bidder, L&M Construction, in the amount of $53,312. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for local telecommunication service.

This item was tabled.

AWARD OF BID:
Consider award of bid for a road reconstruction project, including recycling, reconstruction and asphalt overlay of several streets and the City Office parking lot.

Purchasing Agent Sue Swensen presented two bids received:

Western Rock $475,361.50
A-T Asphalt $451,174.69

She recommended award of the bid to the low bidder, A-T Asphalt, in the amount of $451,174.69.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, A-T Asphalt, in the amount of $451,174.69. Mayor McArthur called for a vote, and all voted aye. The motion carried.

WATER CONSERVATION PLAN:
Consider authorizing Stage 2 of the Conservation Plan.

Water Services Director Barry Barnum explained that the response from the community has been great, and while the results of implementing Stage One have been better than expected, he still sees outside watering during the day. To help resolve this situation, he proposed that the City adopt a position between Stage One and Stage Two that imposes mandatory restrictions on daytime watering outside, and using water to wash down driveways, sidewalks and other hard surfaces. It is recommended that all outside watering be done between 10:00 p.m. and 3:00 a.m. He explained that some times it is necessary to water parks and golf courses during the day. Most of the City?s parks and golf courses use irrigation water which cannot be used for drinking, and because of limited storage within the system, if the water is not used, it would be lost.

City Manager Gary Esplin explained that because of a capacity shortage in storage, the City cannot water everything it needs to during the 10:00 p.m. to 3:00 a.m. time period.

Mayor McArthur inquired if any sort of penalty would be imposed for violations.

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Mr. Barnum replied that there would be no penalty; staff would simply speak with the resident or business owner and explain that the City Council has mandated no watering during the day time. If there was a situation of repeated non-compliance, the matter would be presented to the City Council for its recommendation.

Council Member Orton inquired about staff?s goal for water usage.

Mr. Barnum replied that currently the usage is 10% under the usage at the same time last year. Stage Two would require a 20% decrease in usage. The year 2000 has been chosen as the baseline year.

An unidentified gentleman from the audience inquired about commercial car lots who wash their cars twice a week.

City Manager Gary Esplin replied that they would not be able to continue doing this on a paved surface. This is an issue that will have to be worked out with the affected businesses.

A motion was made by Council Member Orton to approve the recommendation made by Water Services Director Barry Barnum for adoption of a modification to Stage One prohibiting outside watering during daylight hours or on hard surfaces.

City Manager Gary Esplin suggested the hours be modified to 8:00 p.m. to 8:00 a.m. in order to better manage it.

Council Member Orton agreed to this modification of his motion. Mayor McArthur then called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider amendments to the General Plan Land Use Map for property located between Foremaster Ridge and 1990 East Street and north of the UAMPS power substation from Low Density Residential to High Density Residential and from Medium Density Residential to Commercial. Randy Simonsen, applicant.

Mayor McArthur announced that since there were only three Council Members present, a unanimous vote would be required for any motion to pass. He then advised that an applicant was welcome to table his or her item to the next City Council agenda if they so chose.

Randy Simonsen, applicant, requested that this matter be postponed until the next meeting. He requested clarification of action from the work meeting when the City Council met on site.

City Attorney Shawn Guzman explained that the City Council invoked the pending ordinance doctrine with regard to zoning in the area.

City Manager Gary Esplin explained that this precludes someone who is not vested in their project from coming into the City with a new project until the City Council has made a decision on zoning in the area.

Mayor McArthur explained that a decision must be made within six months.

City Attorney Shawn Guzman clarified that this does not mean the zoning will be changed, but that it is being looked at to see if changes to the zoning are warranted.

A motion to continue this public hearing until the June 19th City Council meeting was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND ZONING ORDINANCE:
Public hearing to consider amendment to the Zoning Ordinance to clarify Chapter 15, Multiple Family Residential Zones, Section 15-7.8, regarding setback requirements for buildings with two or more stories.

Community Development Director Bob Nicholson explained that a minor clarification to the current language is needed with regard to a 20' setback for two story buildings adjacent to all zones other than single family, which requires a 25' setback.

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



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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing on the proposed 2003-2004 budget for the City of St. George.

City Manager Gary Esplin explained that state law requires that a public hearing be held to consider input on the proposed budget. The budget has been available for several weeks for review.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. He advised that another public hearing on the budget would be held June 19.

PUBLIC HEARING/RESOLUTION:
Public hearing to consider adjustments to the 2002-2003 budget for the City of St. George.

City Manager Gary Esplin reviewed the recommended changes, attached hereto as Exhibit ?A.?

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

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

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended that a public hearing to consider a zone change from C-2 to PD Commercial on 1.49 acres located east of River Road between Settlers RV and the East Black Ridge be scheduled for July 3, 2003 at 5:00 p.m. Verden Hannig is the applicant. The applicant is aware of the new option for conditional use permits since the commercial uses were recently amended, but he has chosen to proceed with the zone change.

Mr. Nicholson explained that the Planning Commission also recommended that a public hearing be scheduled for July 3, 2003 at 5:00 p.m. to consider a zone change from R-1-10 to PD (combination of Residential and Open Space) on 59.66 acres located at 800 South Dixie Drive. River Run Partners is the applicant.

After discussion, it was decided that a meeting would not be held July 3, but instead be held on July 10.

A motion was made by Council Member Allen and seconded by Council Member Orton to schedule the public hearings for July 10 at 5:00 p.m. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 27, 2003, recommended approval of the final plat for Hawk Hollow Phase 2. Kent Garrett is the agent.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, and all voted aye. The motion carried.





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June 5, 2003
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PRELIMINARY PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of the preliminary plat for Twin Creeks at Stonebridge. Allen Hall is the agent. The trail issue is still being resolved.

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

PRELIMINARY PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of the preliminary plat for the Cottages at Stone Point. Kelly Larsen is the applicant. Although the density is 12.6 units per acre, the requirements of the R-3 zone are met. Staff and the applicant are still trying to resolve issues with engineering and access. He advised that multi-family units surround the subject property.

Kelly Larson, applicant, explained that the project is surrounded by rental apartments, and the access issue is being worked out. The units will be 1,455 sq. ft.

A motion to approve the preliminary plat was made by Council Member Orton.

Community Development Director Bob Nicholson explained that before final plat approval, grades on the entry way will have to be worked out.

Council Member Allen expressed concern with the high density of the project.

Council Member Whatcott seconded Council Member Orton?s motion for approval.

Council Member Allen inquired of Mr. Larsen if the units could be made larger and less dense.

Mr. Larson replied that he did not think he could sell the units and would therefore retain ownership of them. The project is also surrounded by rentals.

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

PRELIMINARY PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 27, 2003 recommended approval of the preliminary plat for Willowbend Townhomes. Ence Homes is the applicant. He explained that the main issue remaining is the irrigation line which runs underneath a retaining wall. Vince Clayton indicated that he would rebuild the retaining wall, but this could be changed somewhat before the final plat is submitted.

Jay Sandberg, Assistant City Engineer, explained that there is no irrigation line under the wall, and he thought the issue had been resolved.

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

LOT SPLIT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a lot split for the Qwest Dixie Drive utility site located at approximately 1550 South Dixie Drive. Alpha Engineering is the agent. Qwest would like ownership of the land where the facility is to be located. On August 13, 2002 the Planning Commission determined the facility was not a significant change to the Tonaquint Center PD subject to: (1) landscaping of the site; (2) maintaining the landscaping; (3) no chain link fencing, and (4) the access from Dixie Drive is to be eliminated as shown on the plans at the time of development for the portion of the PD where an access easement would allow access from the developed site. At that time the driveway would be replaced with landscape. The construction drawings were approved by staff on November 18, 2002 with a temporary access from Dixie Drive until the area around the facility is developed, at which time the access will be required to be relocated from Dixie Drive through the developed site. The request is to divide the parcel into two: Lot 1 (Qwest site) 0.02 acre (941 sq. ft.), and Lot 2 (remainder) 8.00 acres, more or less.

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


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HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a hillside development permit for the Highland Drive reconstruction located between the City power substation and Twin Lakes Road. The City of St. George is the applicant. This area is part of the Highland Drive Phase 1 Safety Improvement Project from 1400 East to 1800 East. The actual hillside area is between the power substation and Twin Lakes Road. All of the excavation is within the UDOT right-of-way. The Hillside Review Board recommended approval.

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

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a hillside development permit for the Northern Corridor roadway construction located between U-18 (Bluff Street) to Highland Drive and 200 East to Skyline Drive. The City of St. George is the applicant. This project includes alignment adjustments and road widening. The proposed widening of the existing road through the Washington County Habitat Conservation Plan (HCP) area appears to be in accordance with HCP requirements. The Washington County Commission granted approval on May 6, 2003 to widen the road per the plans submitted by the City and reviewed by the Advisory Committee. The Hillside Review Board recommends approval subject to complying with the mitigation plan required by the HCP and City staff to make sure the mitigation takes place. The Planning Commission recommends approval with the same conditions recommended by the Hillside Review Board.

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

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a hillside development permit for Fountain Heights Phase 2 located off River Road south of Brigham Road. Rod Reid is the agent. This phase will be terraced above the River Road elevation around 15-16 feet. There are eight apartment buildings with a total of 61 units. The Hillside Review Board recommends approval with the understanding that they may use the cut slope instead of the wall as shown on the plans depending upon the soil stability and visible appearance as long as the cut is no higher than 18 feet in height and no longer than 20% along the hillside in linear length. The plans are subject to staff reviewing the conditions on-site. Any variation will require the Hillside Review Board?s review. The Planning Commission recommended approval with the same conditions recommended by the Hillside Review Board.

A motion was made by Council Member Allen and seconded by Council Member Orton 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.

CONTRACT:
Consider approval of a contract with French & Associates for the Virgin River Park design services.

City Manager Gary Esplin explained this contract is for design services for the property purchased from Sheldon Johnson behind the dinosaur track area. French & Associates has waived their fee for initial design services for this project. City staff has been pleased with their work product in the past and recommends approval.

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

CONTRACT:
Consider approval of a contract with French & Associates for the Little Valley Softball/Soccer Complex design services.

City Manager Gary Esplin explained staff recommends award of a contract to French & Associates for The Farms recreation complex. French & Associates designed the Canyons softball complex, and is well studied in soccer facilities across the country. They were also the low bidder.

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

LOCATE AIR MONITORING STATION:
Consider a request from the State of Utah to locate an air monitoring station in Worthen Park.

City Manager Gary Esplin explained that the Utah State Division of Air Quality would like to locate an air monitoring station near the horseshoe pits at Worthen Park. The agreement would allow the station to be located there for five years with 60 days notice by either party.

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

REQUEST FOR VARIANCE TO NOISE POLICY:
Consider a request for a variance to the City?s noise policy to allow concrete pouring work prior to 6:00 a.m. at the Pine View Intermediate School.

City Manager Gary Esplin explained that a new school is being built on the east side of the East Black Ridge along Mall Drive and residents have expressed concern that construction activities are is beginning too early in the morning (before 6:00 a.m.). However, due to the heat and curing time needed for large concrete pours, the contractor is requesting permission to begin work at 4:00 a.m.

Community Development Director Bob Nicholson explained that the contractor would be making these early morning pours twice a week until September 1.

A motion to approve the request 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.

COOPERATIVE AGREEMENT WITH UDOT:
Consider approval of a cooperative agreement with UDOT for the Northern Corridor.

City Manager Gary Esplin explained that this project has the potential of receiving federal funds in an amount estimated to be $10,000. This agreement will help to identify some things that need to be done before designating the proper site.

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

CONTRACT:
Consider approval of a contract with Alpha Engineering for engineering and construction management services for the Tolman Well project.

City Manager Gary Esplin explained that Alpha Engineering has been working on this project from the beginning, and it is staff?s recommendation that they finish the project. The contract is for design of the system, underground water line and infrastructure. The road has been rough graded so that installation of the line can now be bid. Barbara Berrett is the project engineer.

Barbara Berrett, Project Engineer, explained that the project should be completed next summer, with the line coming out at the bottom of the Cliffs Subdivision. The water will come from the Ledges project and feed the west side of town. She explained the Tolman wells will provide about 2,500 gallons per minutes and is a significant source of water. The bid for the actual pipe installation will be done next. The quality of the water is good and comparable to Snow Canyon water.

A motion was made by Council Member Orton to approve the contract in the amount of $146,995. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONTRACT MODIFICATION:
Consider approval of contract modification #5 with Carter Burgess for the River Road, Phase I project.

City Manager Gary Esplin explained this State project has been completed but problems remain with its finalization. The engineer on the project is still trying to close it out, but because of the inability to do so, the City is incurring additional expenses to close

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June 5, 2003
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it out. We have held out liquidated damages because of the time the project has taken, and those funds have not yet been disbursed to pay for the additional engineering and related responsibilities.

Jerry Amundsen reported that a majority of the subcontractors have been paid through the bonding company, but claims of Merrick Young are still being researched. He stated he felt the project was now to the point where it would be closed out, and anything remaining would have to be litigated between the State and bonding company. There is a possibility that one subcontractor still has not been paid.

Public Works Director Larry Bulloch advised that there are still claims of citizens who had vehicle damage and problems with tar who have made claims against the contractor and have not been reimbursed.

City Manager Gary Esplin suggested that any funds remaining with the bonding company could be used to pay these outstanding claims.

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

AGREEMENT:
Consider approval of an agreement with the Washington County Water Conservancy District for relocation of an irrigation pipeline.

Barbara Berrett explained the Washington County Water Conservancy District is trying to acquire more property for the Quail Creek expansion. The BLM indicated that instead of acquiring the land in pieces as expansion continues, they prefer that as much land as will be needed for build-out of the plant be acquired all at once. This entails an agreement indicating the City will relocate an existing 20" irrigation line that feeds the Coral Canyon Golf Course when the time comes, and this will occur when the City gets to 80,000,000 gallons a day.

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

AGREEMENT:
Consider approval of a power sub-transmission line intertie agreement with Dixie Escalante Electric Association.

Energy Services Director Phil Solomon explained that in an effort to pool all resources in the Southern Utah region, Dixie Escalante requested the possibility of combining forces to solve the contingent problem in the event of an outage or disaster. Blue Bunny is on the Dixie Escalante system, and Dixie Escalante does not have internal generation. If the feed to the north were to be lost, Blue Bunny would be without power. The City has agreed to generate up to a certain amount, 10 MW total, to provide Dixie Escalante with enough power to keep this critical economic development facility on line. In trade, Dixie Escalante will serve the wastewater treatment facility at a contract rate. This will help the City shed its load during the summer, and Dixie Escalante will get a customer who is reliable. Another avenue being explored is in the event all transmission is lost and Deseret power cannot be delivered to the City, Dixie Escalante will take the Deseret power into their system and deliver it to the City. This is a monumental agreement. Part of the agreement includes a right-of-way that the City will be granting to Dixie Escalante along the road that goes into the waste water facility so they can build a power line to their generating station. This amounts to four spans of power line. Approval of the agreement is recommended subject to minor changes by the City Attorney.

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

BEER LICENSE:
Consider approval of a beer license for the Green Valley One Stop market.

City Manager Gary Esplin explained that this is not a new license, as there is already a license in place at this location. The application appears to be in order and background checks have been performed. Staff recommends approval.

Kate and Scott Lemley, new owners of the market, introduced themselves.




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

APPEAL OF LICENSE DENIAL:
Consider an appeal of license denial for a taxicab driver.

City Manager Gary Esplin explained that under the City?s ordinance, an application for a taxi cab driver license is reviewed by the Police Department. In this case the Police Department is recommending denial based on a felony conviction. The applicant is requesting the chance to appeal this denial.

Gregory Bivens, applicant, explained that in 1993 on an overnight trip to Las Vegas, and while under the influence of drugs, he put himself in a compromising situation with his step-daughter. He was consequently charged with two misdemeanors in the State of Nevada. Each charge had the consequence of a possible year in jail, but he was put on two years probation. He served this probation as well as an offender?s program. He also performed restitution with his church. He has obtained custody of his oldest child and has been re-baptized into his church. St. George Shuttle has assured him a job if he can resolve the license issue. His primary responsibility would be to transport
adults to and from the Las Vegas airport. He is the father of three, and a recent homeowner. Two of his children reside with him.

Chief Stratton advised that based on the information outlined by the applicant, he recommends denial of the license.

Mayor McArthur inquired if Mr. Bivens was listed on the State?s sex offender website, and if so, for how long.

Chief Stratton replied that Mr. Bivens was listed on the sex offender web site, and to the best as he could determine, his name would come off the list in 2006.

Mr. Bivens replied that he had no knowledge if he was on the web site or not. The offense took place in 1993 and his conviction was in 1994. He stated that if the offense would have happened in Utah, he could have had it expunged from his record, but the laws are different in Nevada.

City Attorney Shawn Guzman advised that he could call someone at the Department of Corrections to verify when Mr. Bivens name would be removed from the web site.

Council Member Whatcott inquired if the City would be assuming liability for issuing a taxi license if an offense like this were to happen in the future.

City Attorney Shawn Guzman replied that while he could not say for certain, the City is aware of the situation and this is the reason there is an appeals process and the City performs background checks. The City has enacted an ordinance that places responsibility on the City to ensure it follows the ordinance, including the burden of background checks. He stated there would be greater liability on the company that hires Mr. Bivens, and they would have a duty to perform their own background check.

Council Member Whatcott commented that while he complimented Mr. Bivens and respected him for his willingness to do what was right, he did not want any situation that would put the City or its citizens at risk.

Council Member Orton inquired if there was any merit in tabling the matter until the City Attorney had a chance to check with the State.

Chief Stratton advised that there are some offenses which keep the offender on the sex registry for life, while others are for the duration of parole plus ten years. In Mr. Bivens? case, he would come off the web site after the expiration of his parole plus ten years.

Council Member Whatcott inquired what would prevent the applicant from quitting St. George Shuttle and driving a taxi.

City Attorney Shawn Guzman replied that if the City were to begin issuing conditional licenses, this would be difficult to monitor. Salt Lake City?s ordinance says that if an applicant is on the sex offender list, he or she is ineligible for a license.

Chief Stratton advised that while the applicant could apply for an expungement if he was convicted in Utah, this does not necessarily mean it would be granted. His recommendation for denial is based on the conviction itself, but if the Council directed, he would do some research.


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City Manager Gary Esplin clarified that the circumstances should be reviewed in depth, and that the situation merited more research to see if there is any more information which would assist the City Council in considering all alternatives. The matter will be rescheduled for the June 19 agenda.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to table the matter until the June 19 agenda. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Bivens advised that he had the court transcripts.

City Manager Gary Esplin inquired of Mr. Bivens if he would allow the Chief of Police only to review the transcripts.

Mr. Bivens replied that he would allow the Chief of Police to review them.

AGREEMENT:
Consider approval of an agreement between the City of St. George, the Washington County Water Conservancy District, Washington City, Santa Clara City, and Ivins City to place a conduit in the right-of-way of the regional pipeline.

City Manager Gary Esplin explained that this agreement proposes installation of conduit used to handle the SCADA system for operation of the water project. The City would be spending funds up front, and would not see a return until the line is used. Ron Thompson indicates the conduit was purchased for a very good price.

City Attorney Shawn Guzman advised that there would be some changes to the agreement, and suggested it be approved subject to clarifications.

City Manager Gary Esplin advised that the changes will be brought back to the City Council.

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

ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING:
A motion to adjourn to an Neighborhood Redevelopment Agency meeting was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

INCENTIVE AGREEMENT:
Consider approval of an incentive agreement between the City of St. George, the St. George Neighborhood Redevelopment Agency, and the Spectrum with regard to the Ft. Pearce EDA.

City Manager Gary Esplin explained this was the same agreement as discussed in the Neighborhood Redevelopment Agency meeting.

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

APPROVE MINUTES:
Consider approval of the minutes of the regular City Council meeting held May 1, 2003.

A motion to approve the minutes of May 1, 2003 as presented was made by Council Member Orton and seconded by Council Member Allen. 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 May 8, 2003.

A motion to approve the minutes of May 8, 2003 as presented was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.


St. George City Council Minutes
June 5, 2003
Page Eleven

Consider approval of the minutes of the regular City Council meeting held May 15, 2003.

A motion to approve the minutes of May 15, 2003 as presented 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.

Consider approval of the minutes of the City Council work meeting held May 20, 2003.

A motion to approve the minutes of May 20, 2003 as presented 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.

Consider approval of the minutes of the City Council work meeting held May 27, 2003.

A motion to approve the minutes of May 27, 2003 as presented was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADJOURN:
A motion to adjourn 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.



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Gay Cragun, City Recorder