City Council Minutes

Thursday, July 10,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 10, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Sharon Isom
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Larry Gardner
Council Member Rod Orton
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 Life Scout Jordan Wade, and the invocation was offered by Kevin Ence.

Mayor McArthur invited anyone interested in offering the invocation or leading the pledge of allegiance at future meetings to please advise him. He encouraged participation and expressed appreciation to those who volunteered.

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

City Manager Gary Esplin advised that there was one bid item as an addendum to the agenda.

VIDEO UPDATE:
Marc Mortensen, Assistant to the City Manager, presented a video update on the Nature Center, Canyons Softball Complex, Temple Quarry Trail, and Red Hills Parkway project.

WATER CONSERVATION UPDATE:
Water Services Director Barry Barnum advised that June water usage this year
compared to last year is 10% less, and is 20% less than two years ago. This reduction in use should enable the City to get through the summer as far as water supply is concerned. The City?s capacity at the present time due to the low water in Quail Creek is 35,000,000 to 36,000,000 gallons a day. The pipeline in the Gunlock area has been completed, and these wells should be in the system early next week.

Conservation Coordinator Ren? Fleming stated she has been impressed with the attitude of the citizens who are willing to change their irrigation clocks and abide by the watering mandates. She reminded that watering is allowed between the hours of 8:00 p.m. to 8:00 a.m., but it is preferred that watering be done between the hours of 10:00 p.m. and 3:00 a.m. to help address peak problems.

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

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

AWARD OF BID:
Consider award of bid for the Southgate 15 inch irrigation pipeline.

Purchasing Agent Sue Swensen presented four bids received:

Cindy Taylor Trucking $177,134.79
Precision Excavating $194,115
L&M Construction $197,261.95
Sunroc Corporation $232,173.95

She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $177,134.79.

A motion was made by Council Member Isom and seconded by Council Member Orton to award the bid to the low bidder, Cindy Taylor Trucking, in the amount of $177,134.79. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that this project will allow irrigation water from the fields across the freeway to be taken to the west side to water the golf course, cemetery and other parks in the area. This line can also be used to transport reuse water when the system is completed.



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AWARD OF BID:
Consider award of bid for the 2003 chip seal oil supply project.

Purchasing Agent Sue Swensen presented two bids received:

Western Emulsions $151,988.36
Paramount Petroleum $136,928.30

She recommended award of the bid to the low bidder, Paramount Petroleum, in the amount of $136,928.30.

A motion was made by Council Member Whatcott and seconded by Council Member Isom to award the bid to the low bidder, Paramount Petroleum, in the amount of $136,928.30. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the 2003 chip seal aggregate supply project.

Purchasing Agent Sue Swensen presented two bids received:

Sunroc $34,500
Interstate Rock $29,000

She recommended award of the bid to the low bidder, Interstate Rock, in the amount of $29,000.

A motion was made by Council Member Orton and seconded by Council Member Allen to award the bid to the low bidder, Interstate Rock, in the amount of $29,000. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Red Rock power plant HVAC project.

Purchasing Agent Sue Swensen presented two bids received:

Arnell West $355,483
S&S Mechanical $289,481

She advised that the S&S Mechanical bid was incomplete and has been withdrawn. She recommended award of the bid to Arnell West in the amount of $355,483.

Energy Services Director Phil Solomon explained that the facility was built in 1985 and the HVAC system is inadequate, falling apart, and costing a lot to maintain. Additionally, because the generating compartment is not separate from the office, diesel fumes have been circulating throughout the building. This expense is included in this year?s budget which was approved, and is basically a replacement of what is currently there.

Jim Douglas advised that the engineer?s estimate was $300,000.

A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to Arnell West in the amount of $355,483.

Council Member Whatcott inquired if he understood correctly that S&S Mechanical was going to combine with Arnell West to do this project. He was informed this was correct.

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

CHANGE ORDER:
Consider approval of a change order for the Gunlock waterline project.

Purchasing Agent Sue Swensen recommended approval of a change order with PCI in the amount of $71,080.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the change order as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVE EMERGENCY PURCHASE:
Consider approval of an emergency purchase of fencing for the Northern Corridor project.


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Purchasing Agent Sue Swensen advised the vendor is Kirkland Fencing in the amount of $85,923.

City Manager Gary Esplin explained that emergency authorization was given for this expenditure because work cannot commence until this fencing is in place, and it is important that the project be kept on schedule.

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the emergency purchase with Kirkland Fence in the amount of $85,923. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that only the area within the existing right-of-way will be disturbed during the project.

AWARD OF BID:
Consider award of bid for the Virgin River Multi-Use Trail, Phase III.

Purchasing Agent Sue Swensen presented four bids received:

Action Construction, Inc. $364,754.35
Interstate Rock Products $550,146.93
H. E. Davis Construction $569,042.55
L&M Construction Inc. $585,607.41

She recommended award of the bid to the low bidder, Action Construction, in the amount of $364,754.35 contingent upon verification of a State license.

Parks Superintendent Lynne Scott Advised that Action Construction has done extensive work in Coral Canyons for Sun Corp.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Action Construction in the amount of $364,754.35 contingent upon verification of a State license. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained Phase III of this trail is for the area from the Virgin River bridge east along the river to the Washington City limits.

ORDINANCE:
Consider approval of an ordinance establishing a new Administrative Code Enforcement Program.

Community Development Director Bob Nicholson briefly reviewed the proposed language of the ordinance, advising that the City?s current process is slow and cumbersome while the new system is more efficient. The proposed fee schedule was reviewed.

City Manager Gary Esplin commented that the City Council may want to table the matter in order to more thoroughly review the ordinance.

City Attorney Shawn Guzman advised that since an official ordinance had not been prepared for the Mayor?s signature, the matter would have to be tabled.

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

RESOLUTION:
Consider approval of a resolution adopting the 1997 building permit fee schedule.

Chief Building Inspector Dick Simkins advised that the City?s current fee schedule has not been changed since 1985 and the department is hurting for personnel. One inspector was sent out yesterday with 40 inspections to do. The City of St. George is doing almost 100% more inspections than any city in Utah. The City had four inspectors in 1985, and today still has only four inspectors.

City Manager Gary Esplin advised that the 1997 fee schedule is the most up-to-date fee schedule and the one most communities use, but the City Council can charge what it wants as long as it can be justified.

Council Member Orton inquired of Mr. Simkins if the 1997 fee schedule will cover the costs needed.


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Mr. Simkins replied that hopefully the 1997 fee schedule will bring the City up to where it needs to be, but will not put it ahead.

Council Member Orton inquired how many new building inspectors were needed.

Mr. Simkins replied that he would be happy with one, but he could easily use two as the City is growing so fast.

Council Member Whatcott inquired why the City has waited so long to update its fees.

Community Development Director Bob Nicholson explained that the matter has been on agendas in previous years, but the City Council preferred not to change the fees.

Council Member Allen commented that St. George?s building permit fees are the lowest in the State.

Mayor McArthur commented that the City needs to cover its costs, and at this point in time it is not covering its costs to provide the service expected by the public.

Council Member Gardner commented that it is hard to identify costs and the fee schedule was misleading. Many special private inspections are required by the City, such as geo tech, cement footings, core drills, welding, and stucco, and he did not understand where that money goes.

Mr. Simkins replied that the Utah Code requires special inspections for welding, for instance, and the City does not have a qualified welding inspector, and until such time that it does, it must sub out these inspections.

Council Member Gardner inquired why a regular building inspector was needed in addition to special inspectors.

Mr. Simkins replied that City inspectors supervise the special inspectors to make sure their inspections and records are accurate.

Council Member Gardner commented that this seemed like a duplication of effort, and the figures as far as dollar flow through the Building Department for the inspection process were misleading.

A motion was made by Council Member Orton to adopt the 1997 building permit fee schedule by ordinance. Council Member Whatcott seconded by the motion with the request that the City make sure it stays on top of the curve instead of behind it with regard to fees. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

FEE WAIVER:
Consider a request for a fee waiver for use of Worthen Park. St. George East Stake, Church of Jesus Christ of Latter-Day Saints, applicant.


Sam McArthur explained that the St. George East Stake has held a July 24th breakfast in the park for several years and in the past has paid the $50 fee to use the park. Fees were raised and are now $150 for use of the park, and a waiver is requested. No part of the park is being reserved, and tables and chairs and clean-up will be provided. There will be no charge for breakfast.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from C-2 Commercial to PD Commercial on 1.49 acres for storage units to be located east of River Road between Settlers RV Park and the East Black Ridge. Verden Hannig, applicant.

Community Development Director Bob Nicholson explained that there would be no additional disturbance of the hillside, and the development will actually cover up some

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of the existing cut. Access will be through a private street owned by Settlers RV. There is a possibility that when 100 South is extended perhaps it could be tied in. The Planning Commission recommended approval.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 to PD Residential on 59.66 acres located at about 800 South Dixie Drive. River Run Partners, applicant.

Community Development Director Bob Nicholson explained there will be total of 223 dwelling units. This request has been before the City Council twice during the past eight years, but it expired both times because of no activity. The site contains 3.8 acres located in the Santa Clara floodway. Overall density is 3.9 units per acre. The General Plan shows the area as low density residential, up to four dwelling units per acre. The applicant proposes to donate 19.7 acres to the City for a future park along Dixie Drive. There will be 13 single family lots, 68 single level patio homes, 62 two-story townhome units and two condos with a total of 80 units. The applicant is proposing to realign Canyon View Drive. There will be separate homeowner associations for the townhomes, condos and patio homes.

Council Member Whatcott commented his calculations indicate the project will be closer to 20 units per acre, not four units per acre.

Rick Rosenberg explained there will be 80 condos on 8.3 acres, and 62 townhomes on eight acres. The PD comes in at 4.8 units per acre, and single family is 1.76 units per acre.

Mayor McArthur opened the public hearing.

Robert Horrocks commented that changing the area from single family residential to high density makes it less desirable, and he would like to see more than just stucco on the proposed units.

Mayor McArthur commented there would be a solid block wall built between the applicant and adjacent property owners.

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

Council Member Whatcott advised that according to his calculations, the density still did not add up.

Rick Rosenberg explained that the developed area does not include the entire site parcel, just that with finished improvements.

Community Development Director Bob Nicholson explained that the net density is seven units per acre. The gross site is 59 acres, minus the floodway of 5 acres and subtracting out the 20 acres being donated to the City leaves 34 acres of developable net land left. There will be 223 total units for a density of seven units per acre.

Council Member Gardner commented that the City Council typically does not get involved in building materials per se, as this is the builder?s choice.

Council Member Whatcott commented that in a PD plan the building materials can be specified and the builder held to those specifications.

City Manager Gary Esplin commented that as a resident of the area for 18 years, one of the main concerns residents have is the road. Residents of the area are tickled to see something happen which will allow the area to be more of a neighborhood. The trade off is in order to build the road there will have to be a higher density.

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

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

The vote was unanimous and the motion carried.

DISCUSSION RE PROPOSED DEVELOPMENT OFF RIVER ROAD NORTH OF FAZOLIS:
Associate Planner Mark Bradley explained that the developers of the new project off River Road and north of Fazoli?s have not been willing to make changes recommended by City staff with regard to circulation. While the applicant has met the requirements, staff is uneasy with circulation of the site. There will be a cross use access through the area by Fazoli?s. 1200 East Street is a public street, but is not being utilized in the way it could, especially with the demand at the intersection.

City Manager Gary Esplin commented that as much access as possible was needed for better circulation, and this is a viable concern that the City Council should be looking at before more traffic is added to this area.

Council Member Whatcott commented that no one will use the back area of the buildings for parking, and if this parking was provided just to meet parking requirements, it is a poor plan.
Brett Hastings, applicant, advised that many designs were considered to create a development that will work, and a traffic study for access off River Road has been provided. The traffic study concluded there could be two accesses off River Road, one full access and one right-in, right-out. However, he has agreed that access off River road will be limited to one. There will also be access off 100 South through the Fazoli?s parking lot, and Fazoli?s will come to look like part of their development. This entrance will be widened and made a main entrance with monument signs. 1200 East Street has a constrained shape and because it is so far to the west, it cannot be used for customer access, only for truck , fire and employee access. There was a problem trying to create an access on the south side because so much square footage would be lost because of the shape of the lot, and this would make the project unviable from a financial standpoint. The main tenants also want to face River Road.

Mayor McArthur commented that while he applauded what the applicant was doing, 1200 East is an intersection, and it would be easier to move the building a little north to provide access across the south side of the building. Better access is needed in and out of the project, and he was not sure the Fazoli?s entrance would do that. He suggested that perhaps signage at the 1200 East intersection could help identify it as an entrance to the project.

Mr. Hastings replied that would be agreeable to erecting a monument sign if the bank or Don Jose?s would allow it.

City Manager Gary Esplin suggested that landscaping of the divider could also dress up the actual entrance so that it did not look like a service entrance. People would rather drive around the building as long as it is open, and they will find their way to parking if they know it is part of the project.

Mr. Hastings replied that he was willing to look at options and work with staff to dress up the intersection and work through signage issues.

City Manager Gary Esplin suggested that one-way only access be provided behind the buildings for more circulation.

Council Member Isom was excused from the meeting.

FINAL PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 24, 2003, recommended approval of the final plat for Park Plaza Office Park Phase I. Reid Pope is the agent.

A motion was made by Council Member Allen and seconded by Council Member Gardner 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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PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 24, 2003, recommended approval of the preliminary plat for The Knolls at Little Valley Phase 3 with 55 single family lots. Ed Burgess is the applicant.

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

MINOR SUBDIVISION AND REDUCED LOT FRONTAGE WIDTH:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 24, 2003, recommended approval of a minor subdivision with four lots located at 605 East 400 South and reduction of the lot frontage width requirement from 70 feet to 66 feet under Section 3-5 of the Zoning Ordinance. Kevin Ence is the applicant.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minor subdivision and reduced lots frontage width as requested. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a detached garage with a height up to 21 feet located at 1540 E. Boulder Springs Road. Jeff Worthington, applicant.

Associate Planner Mark Bradley advised that the garage will match the pitch of the home, and the Planning Commission recommended approval subject to elimination of the exterior stairway and removal of the dormer, as two story accessory buildings are not allowed by the ordinance.

Jeff Worthington, applicant, advised he agreed to remove the stairway and dormers. Access to the attic area for storage will be by a pull-down ladder.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a detached garage with a height up to 17 feet located at 1675 W. Chapel View Lane. Chris Keele, applicant.

Associate Planner Mark Bradley explained that when the garage was built, it was planned for 15 feet in height. When the trusses arrived, it was discovered they were at a different pitch. The height is 17 feet from the elevation between the dwelling and the garage, but is 19 feet from the rear elevation and adjacent property. The Planning Commission recommended approval.

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

LANDSCAPE MAINTENANCE REQUEST:
Consider approval of a landscape right-of-way maintenance request. Quality Excavation - Mike Bracken, applicant.

City Manager Gary Esplin explained that the City in the past has maintained landscaping along 80' rights-of-way. The area in question is located on the south side of 2450 South Street.

Kevin Neuberger, representing the applicant, advised that the landscaping was put in according to City specifications and has been accepted by the Parks Department. The developer has signed a deed of dedication for the 5' strip on both sides of the entrance to the project.

Parks Superintendent Lynne Scott advised that she has been working with them, the landscaping meets City specs, and is a xeriscape theme.

City Manager Gary Esplin explained that criteria for accepting maintenance of landscaping along major arterials centers around the end product. In the past the City has denied such requests if there is no continuity. In this case there is a pretty good chance of a continuing landscaping theme from River Road to 3000 East, and staff


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would recommend that this is a logical landscaping area to accept if the City Council is so inclined.

Council Member Whatcott inquired if perhaps consideration of this request would be premature until the City knows what adjacent property owners will do.

City Manager Gary Esplin replied that because of the single family zoning all the way along this street, it would be a judgment call as to what the City Council thinks will happen.

Mr. Neuberger replied that the Parks Department?s requirements were pretty restrictive, and City maintenance will keep the landscaping consistent throughout the area. Mr. Neuberger advised that he was asked to bring up the matter of water meter and hook-up impact fees and their purpose if the landscaping reverts to the City in any event.

Ed Burgess inquired if it would be possible to have one water meter and one power box for the landscaping along the entire length of the roadway.

Council Member Whatcott inquired if the City was planning on creating a landscaping department to take on additional duties of caring for landscaping along major arterials.

Council Member Gardner replied that the City decided to consider taking on maintenance of landscaping along major arterials because several developments did not have the right structure to permanently care for the landscaping.

Mayor McArthur commented that 2450 South will become a major arterial.

Council Member Orton inquired if the City had come up with some kind of cost or fee to help with maintenance of landscaping.

City Manager Gary Esplin replied that the figures were very high, and if the City looked at it in this way it would not be maintaining any. He stated that perhaps the City was overly ambitious in looking at all 80' wide streets and maintenance of landscaping should be limited to major arterials. The City is taking on a long-term cost, and it must determine who pays the cost of maintenance - the developer, or the City out of the General Fund. The City may want to revisit the entire issue and determine a way to fund maintenance long term as there are a lot of 80' master planned roads. He suggested the matter be tabled until it is studied further.

Mr. Neuberger advised that the plat is waiting to be recorded.

Mr. Esplin inquired of Mr. Neuberger what he was planning to do if the request was denied.

Mr. Neuberger replied that he did not consider the possibility as he was told the City would maintain the landscaping.

City Manager Gary Esplin advised that the applicant should have been told the City Council would entertain the request, but several requests have been turned down in the past. The alternative is for the applicant to maintain it himself, or create a homeowners association to do so.

City Attorney Shawn Guzman advised that in this case the applicant could present his request at a later date after the City has developed some standards. In the meantime he would maintain the landscaping strip just as if his request had been denied, as he would have to do so anyway.

Mr. Ringwood, representing Salisbury Homes, advised that he received final plat approval on January 22 and has since built three models. He wondered when the final plat was going to be recorded, and state that he could not get a loan on the models until then. He advised he has worked with the City throughout the process of landscaping, and put in an expensive watering system because he was led to believe the City would take over maintenance of the landscaping. He stated he hoped he would not have to have a homeowners association by complying with the City?s xeriscaping standards.

A motion to table the request was made by Council Member Allen and seconded by Council Member Whatcott.

City Manager Gary Esplin commented that if the applicant was willing to take on maintenance responsibilities until the issue was resolved, the City could allow the plat to be recorded.


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City Attorney Shawn Guzman suggested that a bond or money be set aside to assure maintenance of the landscaping is done until the City makes a decision.

Mayor McArthur commented the City Council already determined that it would maintain landscaping along 80' rights-of-way. It can always change its mind, but when an applicant has already gone to great expense, it would behoove the City Council to say it made a mistake.

Council Member Whatcott disagreed with Mayor McArthur.

Parks Superintendent Lynne Scott clarified that staff gave no indication to the applicant that the City would take over maintenance of the landscaping. The application indicates specifically that City Council approval is needed.

City Manager Gary Esplin commented that the pending ordinance doctrine could be invoked at this time, but the question needed to be answered about maintenance of landscaping along all 80' rights-of-way within the City. He stated that perhaps the City could approve this request and any others along 2450 South to the road to the replacement airport site, but not allow any other applications until the matter is resolved. The City must find a way to fund maintenance of this landscaping. He stated he felt bad if there was a miscommunication with the applicant, and that the City did not want to hold him up. He suggested the City go on record that it will not consider applications for maintenance of any other landscaping until the entire issue is resolved.

Mayor McArthur commented that the type of landscaping installed is not hard to maintain.

City Manager Gary Esplin replied that the City would be maintaining sprinklers and replacing plants for the long term.

Council Member Allen inquired how the City Council could grant one request and deny another.

Parks Superintendent Lynne Scott advised that at present there are no other applications for maintenance of landscaping along 80' rights-of-way.

City Attorney Shawn Guzman suggested that a separate contract be entered into with the applicant stating he will maintain the landscaping while the City works toward a resolution of the matter.

Mr. Ringwood stated that he has already signed a deed of dedication to the City and
the City has had it for one week. He was under the impression that approval by the City Council was just a formality, and his plat is being held up because of it. He inquired why this was not made a part of the final plat approval process, and advised that his landscaping will require minimal maintenance.

Council Member Whatcott commented this matter should be addressed in the preliminary plat stage.

Associate Planner Mark Bradley commented that representatives of the applicant have known for quite some time that approval was needed by the City Council in order to maintain the landscaping, but the applicant?s representative kept delaying the matter. In fact, this same request was heard by the Planning Commission a long time ago. The applicant has put a lot of pressure on City staff to have the plat recorded, and the Deputy City Attorney drew up the deed of dedication as a courtesy in order to expedite the process in case the request was approved.

Council Member Whatcott inquired how long it would take to add a homeowners association to the final plat.

City Attorney Shawn Guzman replied that it was not difficult to do and should not be a problem to do within an hour.

Council Member Whatcott that there was a motion pending to table the matter, and perhaps it would be easier and faster to create a homeowners association than draft a contact.

Mr. Ringwood advised that he has a number of people on a reservation list under the assumption there would be no homeowners association. He stated he preferred to have an agreement to maintain the landscaping until a decision is made, and he would be happy to bond for it, if necessary.

Council Member Allen withdrew her motion to table the matter.


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City Manager Gary Esplin advised that some sort of action would be necessary to authorize the City to accept an agreement with the applicant for bonding. If the applicant is willing to agree to the conditions and maintain the landscaping pending a decision, then he can record the plat. He inquired how much of a bond would be needed.

Community Development Director Bob Nicholson advised that a note on the plat will have to be changed, and the landscaping will have to be shown.

A motion was made by Council Member Gardner to approve the request with the stipulation that additional requests for the area between River Road and Little Valley Road will be analyzed. The motion died for lack of a second.

City Attorney Shawn Guzman commented he hated to see the City commit itself to future developments without articulating standards.

City Manager Gary Esplin commented the City has already committed to themes along certain roads.

Council Member Whatcott commented that if the City Council were to deny the request, the applicant could submit his plat, make corrections, proceed, and come back at a later date after the City Council has made its determination. He inquired if the same thing could take place if the matter were tabled.

City Attorney Shawn Guzman suggested the note be removed from the plat, and the applicant be allowed to record the plat while the City works toward a resolution of the matter. He advised that the City Council could table the request to maintain the landscaping and then authorize removal of the note from the plat.

Mayor McArthur called for a five minute break.

City Manager Gary Esplin explained that in his opinion the system has failed and does not warrant allowing something to be continued in perpetuity. No plat, preliminary or final, should be approved until an issue such as this has been resolved. Even though staff has told the applicant that the City Council has discretion in granting these types of requests, this request should never have gotten this far without a determination made at the preliminary plat stage, and staff has now been so instructed.

Mayor McArthur commented that it was implied that the City would probably accept the landscaping if certain standards were met.

A motion to approve the request for the area from River Road to Airport Road was made by Council Member Gardner, with the idea that perhaps a way can be found to put maintenance back on the neighborhood. The motion was seconded by Council Member Allen.

Council Member Whatcott commented that the Parks Department advises that the plat has been submitted to them three to five times in the past several months in order to meet the landscape requirements, and to now place the burden on the Council?s shoulders and say that the plat has to be recorded tomorrow is unfair.

Mayor McArthur called for a vote, as follows:

Council Member Orton - no
Council Member Whatcott - no
Council Member Allen - aye
Council Member Gardner - aye
Mayor McArthur - aye

The motion carried.

City Manager Gary Esplin advised that staff would like it understood that it did not sit on the plat for six months. They have worked through the process in an expedient manner in order to have an acceptable end product, and the process was not the problem.

SIGN VARIANCE:
Consider approval of a sign variance request. State Bank of Southern Utah, applicant.

City Manager Gary Esplin advised that the applicant is in the process of purchasing the property on which the sign is located and would like to keep the sign up for three years. At that time they would reconsider what to do with the sign.


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Community Development Director Bob Nicholson advised that the sign met the height requirements and was approved by the Sign Review Board in 1999.

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

TERMINATION OF AGREEMENT:
Consider terminating the power sales agreement with Twin Cities.

City Manager Gary Esplin advised that the contract has been breached and both parties would like to see it terminated.

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

SITE LEASE AGREEMENT:
Consider approval of a communications site lease agreement on Webb Hill between TSM Inc. and the City.

City Manager Gary Esplin explained that the City would like to move its repeater from the West Black Ridge to Webb Hill, and the owner of property on Webb Hill indicates the City may do so for as long as it wants. The new site is better and the best available site. The lessor will build a building and the City will then enter into a five year renewable lease for use of the building.

Steve Despain explained that the site on Webb Hill will extend coverage further south to the Sun River area and improve coverage by the mall.

Ray Carpenter explained that the City would not be leasing five acres, just one building.

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

APPROPRIATION OF EVIDENCE AND UNCLAIMED PROPERTY:
Consider authorizing appropriation of evidence and unclaimed property for City use.

Deputy Chief of Police Russ Peck advised that as authorized by State Code, the Police Department would like to appropriate evidence and found property which would normally be sold at auction.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve appropriation of evidence and unclaimed property for City use. Mayor McArthur called for a vote, and all voted aye. The motion carried.

EASEMENT:
Consider granting a power line easement to UAMPS from the Skyline Substation to the Red Hills Substation and from the Skyline Substation to the Switch Yard Substation.

Energy Services Director Phil Solomon explained that two years ago the City entered into an agreement with UAMPS to assign to them rights-of-way and lines that belong to St. George which now belong to the 138 kV UAMPS project. In the past other participants paid a facility charge to St. George, but did not like paying rent, so they decided to buy the facilities and rights-of-way. UAMPS would pay the city 1.3 million, with half the amount given to the City as soon as the agreement was executed, and the remainder given to the City once the rights-of-way were signed over to UAMPS. UAMPS still owes the City $600,000, which will be paid once the easement is given to UAMPS. The City retains the right to build its own facilities outside of UAMPS in the rights-of-way. There are plans in the future to build a larger line from the Skyline Substation to Snow Canyon.

City Attorney Shawn Guzman suggested that any approval be made subject to legal review.

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



St. George City Council Minutes
July 10, 2003
Page Twelve

ASSIGN RIGHTS-OF WAY:
Consider assigning to UAMPS two 68 KV rights-of-way currently held by the City with the BLM.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held June 5, 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.

Consider approval of the minutes of the special City Council meeting held June 12, 2003.

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

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

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

MISCELLANEOUS:
City Manager Gary Esplin advised that Dale Jones would like an extension of his contract to pay for property near the old sewer treatment plant. He recommended approval. It was the consensus of the City Council to approve the extension.

It was the consensus of the City Council to put adoption of the City Code on the July 17 agenda.

OFFER TO PURCHASE PROPERTY:
A motion was made by Council Member Gardner and seconded by Council Member Allen to offer John Miles $80,000 for his corner piece of property, with no stipulations. Mayor McArthur called for a vote, and all voted aye. The motion carried.

BANKING SERVICES:
City Manager Gary Esplin advised it was the recommendation of the Finance Director and City Treasurer that the City currently change its banking services from U. S. Bank to Village Bank. It was the consensus of the City Council to change the City?s banking services to Village Bank.

Mayor McArthur advised that he would like the City to look at bonding for two proposed projects - completion of Riverside Drive from River Road to the dinosaur tracks, and the widening of the Santa Clara River bridge, and any other projects not yet identified.

ACCEPT OFFER:
A motion was made by Council Member Orton and seconded by Council Member Allen to accept Entrada?s latest proposal with regard to water supply.

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

GRANT APPLICATION:
Council Member Allen advised that the application for a 1.5 million grant from the Eccles Foundation for the theater in the Arts Center has been submitted and the City should know by September whether or not it has been successful.


St. George City Council Minutes
July 10, 2003
Page Thirteen

APPOINTMENT TO MOSQUITO ABATEMENT BOARD:
Council Member Gardner suggested that Mike Henry be appointed to serve on the Mosquito Abatement Board to take his place.

Mayor McArthur agreed to the recommendation. A motion was made by Council Member Gardner and seconded by Council Member Allen to appoint Mike Henry to the Mosquito Abatement Board. Mayor McArthur called for a vote, and all voted aye. The motion carried.

DISCUSSION RE ST. GEORGE BLVD. PROJECT:
City Manager Gary Esplin advised that staff would like to propose a partnering program and meeting where problems are listed and a facilitator is hired. The group would consist of 15 people to see if a consensus can be reached.

Council Member Orton suggested that a top traffic engineer be hired to suggest the best solution to the matter.

City Manager Gary Esplin advised that staff would like a group of 15 to look at the situation and consider the major issues, i.e. safety and traffic flow, and make an effort to be objective before a decision is made.

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.



______________________________
Gay Cragun, City Recorder