City Council Minutes

Thursday, May 16,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 16, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Sharon Isom
Council Member Rod Orton

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

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

Mayor McArthur announced that the Pine View High School Tennis Team won the State tournament. He invited Coach Christensen to introduce the team members.

Mayor McArthur announced that the Snow Canyon High School Baseball Team won the State tournament. He invited Coach Beck to introduce the team members.

Mayor McArthur announced that the public hearing concerning impact fees would not be held at this meeting as the capital facilities plans must first be adopted. It is anticipated the public hearing concerning impact fees will be held within a month.

WATER CONSERVATION PRESENTATION:
Council Member Allen introduced Dr. Frank Williams, a professor of agronomy horticulture at BYU, who has been working with the Washington County Water Conservancy District on water conservation.

Dr. Williams explained that he has been working with the WCWCD for three years to establish methods of conserving water. He suggested that instead of maximizing fertilization and irrigation, that watering of lawns be done at a minimum. He advised that if a lawn does not have dry spots, it is being overwatered. He advised that many sprinkler systems are not good, and it is possible to have lawns yet conserve a tremendous amount of water.

WATER EFFICIENT LANDSCAPE GUIDE:
Presentation of the Water Efficient Landscape Guide program.

Rick Heffelbauer of the Utah State University Extension Office, advised that he has worked on the Water Efficient Landscape Guide for the past nine months at the request of Georgia Barker. He explained that outdoor water use accounts for more than half of all water used, and moisture loss from turf is 60 inches per year, yet precipitation levels this year are 30% of normal and the area is currently in the fourth year of a drought. The goal of the Guide is to promote efficient outdoor water use and healthy landscapes. Landscape industry professionals were invited to give input. He explained that the Guide does not stress turning St. George into a cactus desert, but is meant to help with wise water use to lower water use levels. Compliance with the Guide is voluntary, not mandatory.

Water and Power Director Wayne McArthur advised that the Guide would be made available to the public.


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Page Two

Mayor McArthur suggested that the Guide be available to the public at the Parks Office and Water and Power Department.

Council Member Allen suggested the Guide be put on the City's web site. She inquired if there had been any discussion among the committee about making the Guide mandatory rather than voluntary.

Parks Superintendent Lynne Scott replied that it was discussed but the committee felt there was a need to first get the information out, as there are many principles and guidelines to comprehend. Enforcement would also be necessary if the Guide was mandatory, and the City is not yet prepared to do this.

Council Member Allen suggested that whenever a building permit is issued, a copy of the Guide be made available to the owner or builder, and to make sure landscapers and contractors are aware of it.

Ms. Scott replied that the committee discussed creation of a certification program, but the main goal now is to get the educational material to the public.

Carol Sapp, a member of the committee, advised that the goal of the committee was to educate, and installation and design of watering systems is just one factor, as maintenance is extremely important in order to have optimum use of an irrigation system.

Gary Beddingfield stated it appeared that anyone with a pick-up truck and a means to cut pipe and a can of glue can pass off as an expert in sprinkler installation, and that most people overwater 80% of their grass so that the remaining 20% doesn't die. He suggested an inspector for sprinkler installation.

PRESENTATION FROM NELLIS AIR FORCE BASE PERSONNEL:
Colonel Jim Callahan, 98th Operations Group Commander at Nellis Air Force Base, advised he is responsible for the Nevada Test and Training Range. He explained that even though St. George is outside its boundary, it is just outside the boundary and is still affected by noise from the airplanes. He expressed appreciation for the City's support. He then made a power point presentation on the air warfare center headquartered at Nellis.

Mayor McArthur again advised those present that the impact fee schedule will not be adopted at this meeting, and that another meeting for this purpose will be held in June.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider an amendment to the PD zone for Anasazi Ridge Townhomes at Entrada located at 2200 North Cohonina Cr. north of 2100 North at Entrada. Reed Brinton, applicant.

Community Development Director Bob Nicholson explained the proposed amendment is to an existing PD. The project was approved as a twin home development, but is now proposed to have many single detached units. The overall number of units (42) would not change. There would be 26 single detached units and 16 twin homes. The same overall design will be used. There was no opposition at the Planning Commission meeting.

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

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

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

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May 16, 2002
Page Three

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ZONING ORDINANCE/ORDINANCE:
Public hearing to consider an amendment to the Zoning Ordinance, 19-2,19.F and 19-2.C.

Community Development Director Bob Nicholson explained that Chapter 19 of the Zoning Ordinance pertains to commercial zones. The proposed amendment deals with residential treatment centers in commercial zones, and requires an increase in open space and playground area from 20% to 30% when an existing building is converted to a residential treatment center. This change will make the requirement uniform with requirements of other residential projects. The Planning Commission recommends approval.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/CAPITAL IMPROVEMENT PLANS/RESOLUTION:
Public hearing to consider adoption of the Capital Improvement Plans and Impact Fee Schedule for the City of St. George.

Mayor McArthur advised that while he would take comments concerning the impact fee schedule, its adoption would be scheduled at a later meeting. Impact fees are based on capital facilities plans, and they must first be adopted.

City Manager Gary Esplin commented it was important to emphasize that state law governs the procedure to adopt impact fees and capital facilities plans, and periodically they need updating.

Leisure Services Director Kent Perkins advised that the park impact fee is based on a standard to determine and maintain a certain level of service. Neighborhood parks are built with park impact fees. Parks to be built in the near future include Forest Park, Springs Park, Slickrock Park, Blake Memorial Park, the first phase of the Virgin River Park near the dinosaur tracks, and the first phase of the Hela Seegmiller Park in the Washington Fields area. The second year plan includes additional development of the Virgin River Park, Little Valley Park, and second phase of the Hela Seegmiller Farm and Historic Park.
The City's goal is to update its plan every five years, and in some cases sooner, since development does not always occur in the direction assumed.

Mayor McArthur explained that when the citizens of St. George approved the recreation bond, impact fees were based on a certain standard, and the City wants to maintain that same standard.

Mr. Perkins explained that impact fee funds are not to be used for special facilities, community parks, the trail system or soccer fields, but for neighborhood parks.

City Manager Gary Esplin advised that no changes were proposed to the Police Department plan.

Fire Chief Robert Stoker stated that fire impact fees can only be used to build new facilities, and cannot be used for equipment or anything else.


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City Manager Gary Esplin advised that $600,000 has accumulated in the Fire Department Impact Fee Fund, and $28,000 in the Police Department Impact Fee Fund.

Fire Chief Robert Stoker advised that seven new stations are proposed for construction within the next five to ten years. Station 7 is currently under design and will be located in the northwest part of Dixie Downs. Others are planned for the Sun River, Little Valley, Ledges, Green Valley Plantations, and Southern Corridor areas, and at the new airport. The City's plan is for a station within 1.5 to 2 miles of every residence. The new station in the Dixie Downs area will include an area for a backup dispatch center for the Police Department, and an area for the police officers. The City's goal is that any new station built will be a combination fire/police station. The City is also looking at radio repeater sites. Chief Stoker advised that the estimated cost of the new Dixie Downs fire station is $600,000-$700,000 and is hoped to be out to bid by late June or early July. He stated the Department currently has eight full time firefighters and 50 reserves. The new budget contains a new full-time position for a Captain/Training Officer and 15 new volunteer positions.

Water and Power Director Wayne McArthur explained that the capital facilities plan in the Water Department includes the West City Springs project, east side irrigation project, Sandberg pond project, and a project to take the Bloomington Hills Elementary School, sixth and seventh grade center, and two church baseball fields off culinary water. The Department's long term plans include completing the regional pipeline by next year and to begin design to expand the water treatment plant.

City Attorney Jonathan Wright inquired why the pipeline and water treatment plant was being expanded.

Mr. McArthur replied that with expected growth at 6%, the City will grow into it by 2007-2008. There is also a plan to bring the reuse project on line within the next year or two, as well as a new well field in the Ledges area. He explained that the regional pipeline will bring water all the way to Ivins and will provide a good mix of surface and ground water. The City will have to comply with the new arsenic rule by 2005.

Mr. McArthur advised that in the power area, the City is installing capacitors, with the hope that the technical task force is working on ways to build additional transmission. The plan shows a 138 line, but ways are being looked at to get electricity in from the south. Another alternative is to build either a 230 or 138 line from Las Vegas to St. George up over Highway 91 or over the new national monument. Wind farms are also being looked at, and there is a plan to put a turbine at SHAC and make a co-generation plant with the waste heat from the pool and sell it to the school. The City will eventually have to replace the 69 loop with a 138 loop. He explained that a long term source of power includes the Payson gas turbine project with 112 megawatts which is fully subscribed by UAMPS members except for 7 megawatts and should be on line this summer. There is also the IPP plan with a completion date of May 2008, and a small wind farm project which Pacificorp bought and would like to sell 10 megawatts to UAMPS. The City has signed up for one megawatt.

Mayor McArthur commented that the Water Impact Fund was minus five million dollars.

City Manager Gary Esplin replied this was because projects have been assigned to the impact fees. The Power Impact Fee fund has $500,000-$600,000.

Public Works Director Larry Bulloch advised that Public Works Capital Facilities Plan projects include expenditures of $256,000,000 over 20 years, consists of 139 projects, and is well defined. 12 projects have been completed in the transportation system, and 6 drainage projects. The City is moving rapidly in the final stages of completing the major regional trunkline which upgrades capacity west of the West Black Ridge. The plan will emphasize expansion in

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May 16, 2002
Page Five

that area, including upgrade of the trunk line downstream through the Southgate Golf Course and extending lines into the Winchester area for the future. The City is also looking at expanding from the Sun River area up to the Atkinville Interchange. The airport will need to be serviced with a trunkline from the Ft. Pearce Industrial Park and will also serve major residential development in the south block area and around the new airport. The Plan has 15 projects regionally in Wastewater and 17 in the Collection system. He advised that the Wastewater Division is exclusively growth driven with growth funding a majority of its revenue. The Division is well managed by Barry Barnum and is an efficient organization well set for the future. It is not expected that expansion will have to take place for ten years and will be driven by growth. He advised that transportation is funded about half by the State and federal sources, and half by City funds such as sales tax and development exactions. Drainage is also a 50-50 split between development and all other sources.

Mayor McArthur inquired why the access to the new airport through Horseman's Park was not shown on the capital facilities plan.

Mr. Bulloch replied that Little Valley Road is shown as the access to the new airport. The City is trying to focus on the southern corridor as the primary access, but may have to modify its plan.

Council Member Whatcott inquired why no specific dates to begin were shown on the transportation list, such as the Atkinville Interchange.

Mr. Bulloch replied that the City was meeting now with property owners to develop a formula for splitting costs above grant funds available for this project. The funding gap for this project is estimated to be four million dollars. The City cannot move ahead too quickly as it must wait for the environmental impact statement and record of required because of federal funds being used for this project. It is hoped that construction will begin within three years.

Council Member Whatcott inquired if the projects were listed by time frame.

Mr. Bulloch replied that they were listed by priority and would be done as money becomes available. He asked City Council Members if they agreed with the priorities.

Mayor McArthur replied that the City Council can occasionally rethink the priority list. He inquired if the funding of eight million dollars for the Atkinville Interchange was secure.

Mr. Bulloch replied that it was.

City Manager Gary Esplin advised there was $409,000 in the Streets Impact Fund, $381,000 in the Drainage Impact Fund, and $400,000 in the Sewer Impact Fund.

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

City Manager Gary Esplin advised that the City Council has an opportunity every year to change its priorities when the budget is adopted.

Jerry Campbell, representing the AOPC, inquired if only water and power impact fees were being considered for an increase.

City Manager Gary Esplin replied that staff has not made a recommendation to increase impact fees other than for water and power.

Mayor McArthur commented that all impact fees will be discussed, but staff has not recommended any changes to impact fees other than for water and power.



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May 16, 2002
Page Six

Mr. Campbell commented that impact fees have not been raised since 1994.

Mr. Esplin replied that impact fees can only be adjusted as part of the capital facilities plan review.

Mr. Campbell stated that impact fees are currently set at 75%, while only getting 50% value of the impact.

Mr. Esplin stated that the public hearing on impact fees will be held June 6 or 20.

Council Member Whatcott commented that the City currently uses all funds collected, and that does not mean the accounts are empty as they are constantly being replenished by construction and the funds will be used for future projects. He then made a motion to approve the capital facilities plans by resolution. The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

CONSENT CALENDAR:
Consider approval of the financial statement for April, 2002.

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

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of a blanket purchase order for building and plan review services.

Purchasing Agent Sue Swensen advised that a blanket purchase order is desired for a professional services contract for review of commercial building plans. The amount of the contract will be $30,000 for the year. The vendor is Willdan from Las Vegas.

City Manager Gary Esplin advised that building department staff cannot keep up with the current workload, and fees collected from building permits will be used to hire someone to do commercial plan checks.

Ms. Swensen commented that plan review will include some structural design and engineering.

City Manager Gary Esplin stated that staff does not have the expertise to review these plans as they do not see them often enough.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award a blanket purchase order for building and plan review services to Willdan in the amount of $30,000 for the year. Mayor McArthur called for a vote, as follows:

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

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May 16, 2002
Page Seven

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for construction of the Navajo Detention Basin project Phase I.

Purchasing Agent Sue Swensen presented four bids received:

Interstate Rock Products $320,170.20
L&M Construction $240,939.00
Mel Clark Construction $310,233.00
Rogers Construction $192,353.50

She recommended award to the low bidder, Rogers Construction, in the amount of $192,353.50. The Navajo Detention Basin is located west of Bloomington on State lands.

City Manager Gary Esplin commented that SITLA granted the City a right to go on to their property.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to the low bidder, Rogers Construction, in the amount of $192,353.50. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of a contract for the tee time reservation system for City golf courses.

This item was tabled.

PUBLIC HEARING/AMEND FISCAL BUDGET/RESOLUTION:
Public hearing to consider amendments to the fiscal budget for 2001-2002.

City Manager Gary Esplin reviewed the proposed amendments. See Exhibit "A" attached hereto.

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

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

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval an ordinance requiring sterilization of animals adopted or claimed from the City of St. George Animal Shelter.

City Manager Gary Esplin explained that this ordinance is necessary to bring the City into conformance with State law. The ordinance requires all cats and dogs adopted or claimed from the animal shelter to be sterilized. The sterilization fee will be required at the time of adoption and will be paid to the vet clinics which

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May 16, 2002
Page Eight

have contracted with the City once proof of sterilization is received. If the animal is not sterilized within 30 days, the animal can be impounded or the fee paid forfeited. The ordinance also allows the City to require sterilization of an animal that has been picked up two times in a period of one year.

Animal Control Officer David Vane commented that the City may see a temporary reduction in the number of adoptions due to the sterilization fee.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution approving the Economic Development Agreement with Wells Dairy Group.

City Manager Gary Esplin explained that this agreement is a culmination of discussions with Wells Dairy in an attempt to have them locate in St. George. An Economic Development Agency (EDA) was created for the Ft. Pearce Industrial Park. Under this agreement, Wells Dairy would have the right to use property taxes they generate to cover some of their building and infrastructure costs. Construction will begin within a year of the agreement and will be completed by 2006. It is proposed that Wells Dairy receive 80% of the tax increment generated by and through construction of their facility for 15 years. 20% will come back to the City to use in its affordable housing program. Wells Dairy also has the right to trigger when the assessment begins, and they plan to begin after the facility has been completed. They may use the increment for whatever is allowed by law. The agreement also includes non-binding language which states that 50 acres currently under negotiation for option might be included in a similar agreement, in addition to the 50 acres they have purchased. By entering into this agreement, Wells Dairy is making a major statement about their plans to locate additional facilities here. If State law changes and affects the money received by them, the City will make its best efforts to keep them whole.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve by resolution the economic development agreement with Wells Dairy. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Washington County Economic Development Director Scott Hirschi advised that a groundbreaking for Blue Bunny would take place June 7 at 9:00 a.m.

RESOLUTION:
Consider approval of a resolution establishing an escrow agreement regarding improvements for Commerce Drive and River Road.

City Manager Gary Esplin explained that Wells Dairy would like its building permit before improvements are in place. The escrow agreement was prepared by the Ft. Pearce development group and reviewed by the City Attorney. Money will be deposited into an escrow account from the sale of property to guarantee that improvements will be constructed in a timely manner and in place before the Blue Bunny facility is occupied. The City will have the right to force

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May 16, 2002
Page Nine

improvements to be made without using fees from the General Fund of the City. Because of the importance of this company locating in St. George, and because it is such a great project, staff feels comfortable recommending approval of the agreement. The escrow agreement would be similar to a cash bond which is allowed under current City policy.

City Attorney Jonathan Wright commented that there would be no monetary obligation on the part of the City, and the escrow account is better than a bond. The amount deposited will be 110% more than the project's estimated cost.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the resolution establishing an escrow agreement for improvements to Commerce Drive and River Road. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING:
A motion to adjourn to a Neighborhood Redevelopment Agency meeting was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - 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 Allen. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ABANDONMENT RESOLUTION:
Consider approval of a resolution abandoning the easement between Lots 12 and 13 of the Pheasant Run Estates Subdivision.

City Manager Gary Esplin explained the owner of Lot 12 and 13 in Pheasant Run Estates would like to combine the lots for construction on Lot 12, and will give the City all necessary easements.

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

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

The vote was unanimous and the motion carried.

ABANDONMENT RESOLUTION:
Consider approval of a resolution abandoning the easement between Lots 29 and 69 of Canyon View Ridge Subdivision in the Sunbrook development.
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Page Ten

City Manager Gary Esplin explained that abandonment of the easement between Lots 29 and 60 of the Canyon View Ridge Subdivision will facilitate purchase of some of the adjacent golf course outside the playing area.

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

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that the cost per square foot will be set by appraisal.

ABANDONMENT RESOLUTION:
Consider approval of a resolution abandoning the easement between Lots 42 and 43 of Bloomington Hills Subdivision Phase 10.

City Manager Gary Esplin explained that the owner of Lots 42 and 43 in the Bloomington Hills No. 10 Subdivision would like to combine both lots into one.

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

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended that public hearings be scheduled for June 6, 2002 at 5:00 p.m. to consider an amended PD zone for Entrada by adding approximately 81 acres and 114 residential units to the original PD, and to consider a zone change from R-1-40 to PD Commercial and also amend the existing PD Commercial building elevations and uses on property located north of the Flying J station on the northeast corner of Brigham Road and I-15.

A motion was made by Council Member Allen and seconded by Council Member Gardner to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended that public hearings be scheduled for June 20, 2002 at 5:00 p.m. to consider approval of the updated General Plan and Land Use Map for the City, and a zone change from R-1-10 to AP for property located at approximately 115 South Mall Drive.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:


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Page Eleven

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the amended preliminary plat to reconfigure the phases, include six more lots, and extend the project boundary for The Knolls at Little Valley located at 2800 South River Road.

City Manager Gary Esplin advised that approval of this amended preliminary plat will allow 83% of the lots on the interior to be platted and built without any improvements to the 80' right-of-way along Phase 3.

Mayor McArthur inquired how the City could ensure that the frontage is improved.

City Manager Gary Esplin replied that an agreement could be entered into that would require retention of a certain amount of funds to cover the cost of road improvements for a certain amount of property. Otherwise there is no guarantee that Phase 3 will ever be built and the road improved.

Mayor McArthur commented that this is a tough issue for the rest of the City, as the interior will look good but the frontage not completed.

City Attorney Jonathan Wright advised that the City could require the frontage be improved before the permits are drawn.

City Manager Gary Esplin recommended that staff review plans for improving the frontage with the developer before the final plat is approved.

Council Member Whatcott commented that this problem is not unique to this project alone, as it needs to be addressed all over town.

City Manager Gary Esplin advised that some of the frontage improvement costs are the City's on 80 foot roads.

Associate Planner Mark Bradley advised that the construction drawings and improvement plan for this phase of the project are different from what was approved, and needs to be addressed.

Public Works Director Larry Bulloch commented that in preliminary discussions with Kevin Ence, he agreed to contribute a certain amount to an escrow fund which could be applied to improvement of the road as each lot is sold. This has been confirmed with the City Engineer, and the terms are acceptable to the Engineering Department.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat subject to making arrangements with the City for improvement of the 80' road. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Whatcott stated that he was not in favor of the plat approval unless arrangements were made for improvement of the road.



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Page Twelve

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the final plat for River Crest Townhomes Phase I.

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

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the final plat for Sunset Lane subdivision.

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

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the final plat for Bellsera Townhomes at Sunbrook Phase 2.

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

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

The vote was unanimous and the motion carried.

LOT SPLIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of a lot split for commercial property located north of the Maverick Store and across from Lins Market on Dixie Downs Road. The lot split would have one main access off of Dixie Downs Road, which would be a joint access easement for both parcels. A joint access easement with property to the east is also proposed.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the lot split as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

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Page Thirteen

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for two temporary modular classrooms at Sunhawk Academy located at 948 North 1300 West. Sarah Weston, agent for Sunhawk Academy, applicant.

This item was withdrawn from the agenda at the request of the applicant.

CLARIFICATION OF PD ZONE AT HIDDEN VALLEY:
Associate Planner Mark Bradley advised that the Hidden Valley Condominiums construction drawings are in the review process. A designated area for RV parking/storage within an enclosed six foot fence is shown on the plans. This was not shown on the plans or described in the PD text which was previously approved. Staff feels the City Council should be aware of the change and either accept or deny it. If the City Council is comfortable with the RV parking/storage, staff recommends that a solid wall, not of wood or chain link with slats, be required around the RV parking area. The applicants are willing to put up a solid wall if the area is approved for RV and boat parking and storage.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the change to the PD as requested subject to construction of a solid wall around the parking/storage area. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PRESENTATION RE TRAFFIC CONCERNS:
Presentation from Mr. Beeching regarding traffic concerns adjacent to his residence at 2090 Sherman Road in the Bloomington Hills area.

This item was tabled at the request of the applicant.

REQUEST FOR BEER LICENSE:
Consider a request for a beer license for BP West Coast Products LLC located at 1572 Convention Center Drive.

City Manager Gary Esplin explained this would not be a new license, just a change of ownership at the AM PM store located at the south interchange.

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

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

The vote was unanimous and the motion carried.

AIRPORT LEASE:
Consider approval of an airport property lease agreement between the City of St. George and Steven G. Roundy.
Public Works Director Larry Bulloch advised that the Airport Board recommends approval.

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


St. George City Council Minutes
May 16, 2002
Page Fourteen

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

The vote was unanimous and the motion carried.

AIRPORT LEASE:
Consider approval of an airport property lease agreement between the City of St. George and Amicorp, Inc.

Public Works Director Larry Bulloch explained that Amicorp is assuming the terms and conditions of a lease held by Wayne Olsen at a rate of $.10 per square foot. The current lease rate is $.15 per square foot. Amicorp is buying ten T-hangars owned by Mr. Olsen, and the current lease is good through 2007. Amicorp has received notice that the City will be moving its airport.

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

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

The vote was unanimous and the motion carried.

AIRPORT USE AGREEMENT:
Consider approval of an airport use agreement between the City of St. George and West Wings Aviation, Inc.

Public Works Director Larry Bulloch advised that West Wings Aviation is subleasing a hangar owned by Lynn Ginnochio and will be doing training, aircraft repair and rental. The Airport Board asked them to make arrangements to base their reception area in the old terminal building and gain access through that building to their operations. Brian Christiansen is working with them to provide sun shade services for the aircraft and will be located in the same building. Shawn Ferris, representing West Wings Aviation, was present.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the airport use agreement as requested. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AIRPORT USE AGREEMENT:
Consider approval of an airport use agreement between the City of St. George and Brian Christiansen.

This item was discussed as part of the discussion concerning the West Wings Aviation airport use agreement, above.

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

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

The vote was unanimous and the motion carried.

St. George City Council Minutes
May 16, 2002
Page Fifteen

TASK ORDER AT NEW AIRPORT:
Consider approval of a Task Order for work to be done at the new airport.

Public Works Director Larry Bulloch advised that the City is rapidly moving into a program management phase with regard to the replacement airport, and the task orders are another step on the ladder. Carter Burgess will do the work as authorized, which is to do a base line budget or the absolute minimum cost to build the airport, and then an estimate for a first-class airport. The City will then know the ranges for required funding.

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

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that Mr. Bulloch has been instructed to utilize the new Airport Manager who is coming on board June 3 as much as possible to reduce the per hour charges of the consultant, which are very high. The City's new Airport Manager is currently the manager of the airport in Cody, Wyoming which has as many enplanements a year as St. George (40,000).

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

Mayor McArthur recommended appointment of Council Member Orton to the WCIA Board to replace Council Member Isom.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to appoint Council Member Orton to the WCIA Board. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held April 18, 2002.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the special City Council meeting held April 25, 2002.

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


St. George City Council Minutes
May 16, 2002
Page Sixteen

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the regular City Council meeting held May 2, 2002.

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

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

The vote was unanimous and the motion carried.

MISCELLANEOUS LETTERS:
Mayor McArthur read several letters of concern from citizens.

FT. PEARCE WASH EQUIPMENT RENTAL:
City Manager Gary Esplin advised that several property owners along the Ft. Pearce Wash have been doing excavation of the wash while receiving little payment for it. The City did not have to bid this out because the adjacent property owners are doing the work. Quality Excavation who owns the point in the subdivision, would like to do the excavation and is approaching $35,000 in costs. The City has been negotiating with them while they are improving and shoring up the wash and protecting their own property. Adjacent property owners have done $3 million dollars worth of work in the wash.

It was the consensus of the City Council to continue the program.

DISCUSSION RE WATER:
City Manager Gary Esplin explained that when the Santa Clara River dries up in June or July, and since the West City Springs is no longer in the ditches, the City will be out of irrigation water at the Southgate Golf Course, Tonaquint Park and cemetery. Their sole source of water is the Santa Clara River with supplementation from the West City Springs. Wells water the original 18 holes of Sunbrook, but the new 9 holes are watered by the Santa Clara River. The well used to water Sunbrook is the old Landon Frei well and supplements Entrada and the Canyons complex. However, there is nothing to water Southgate. There is a surface well at Southgate which is being pumped right now, but it is believed that when the river dries up, so will this well. Mr. Esplin advised that he authorized a $25,000 emergency expenditure to install a line from the J. C. Snow Park area which would connect to the storm drain on Main Street which runs under the freeway and dumps into an existing irrigation line adjacent to Southgate. However, there are no funds budgeted for this, although funds could be used from the drainage fund to install the line. The bid for this $25,000 project came in at $52,000, and he expressed concern that this may be a one time use. This does, however, give the City the possibility of tying Virgin River water to the golf course and parks on the west side of the Black Hill. When reuse water is brought on line, the reuse water could then be sent back to the J. C. Snow Park system, giving the City a second option for irrigating. Mr. Esplin advised that the City has enough water shares and capacity in the pond to do this.

Council Member Gardner commented that with a little more long-term thinking, perhaps this is part of the solution in getting Virgin River Water to the back side.
City Manager Gary Esplin replied that the City is looking at collecting all of the East City Springs and is trying to pick up water wherever it can.


St. George City Council Minutes
May 16, 2002
Page Seventeen


The meeting then adjourned.



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Gay Cragun, City Recorder