City Council Minutes

Thursday, November 1,2001



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 1, 2001, 4:00 P.M.
CITY COUNCIL CHAMBERS


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

EXCUSED:
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The invocation was offered by Gary Esplin and the flag salute was led by Marlon Stratton.

Mayor McArthur advised that item 6A4 to consider approval of an Interlocal Cooperation Agreement between the City and the Southern Utah Shooting Sports Park Agency, item 6A5 to consider clarification of City intent regarding residential treatment centers, and item 6A6 to consider approval of an engineering contract with Sear Brown for interstate landscape design have been tabled from the agenda.

AWARD OF BID:
Consider award of bid for construction of the connection from Dixie Downs Road to Snow Canyon Parkway.

Purchasing Agent Sue Swensen presented five bids received:

Sunroc Corporation $399,551.25
Dennett Construction $408,030.60
Quality Excavation $416,618.92
Bud Mahas Construction $449,891.69
Desert Hills Construction $513,156.26

She recommended award to the low bidder, Sunroc Corporation, in the amount of $399,551.25. She advised that the engineer?s estimate was $437,588.16.

A motion was made by Council Member Isom and seconded by Council Member Gardner to award the bid to the low bidder, Sunroc Corporation, in the amount of $399,551.25. Council Member Gardner inquired about the length of the road to be constructed, and was advised it was approximately 1,900 linear feet and the project will begin in 30 days.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of a fairway mower for the Dixie Red Hills Golf Course.

Purchasing Agent Sue Swensen presented two bids received:



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November 1, 2001
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Turf Equipment and Irrigation $30,515
Rocky Mountain Turf & Ind. Equip. $30,570

She recommended award to the low bidder, Turf Equipment, in the amount of $30,515. She advised the mower would be purchased on a three year lease program. The payment would be $10,700 per year, and after three years the mower would be owned by the City.

City Manager Gary Esplin advised that the life of a mower is at least ten years.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award the bid to Turf Equipment in the amount of $30,515. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a new server for the Police Department.

Purchasing Agent Sue Swensen advised this is a sole source purchase from the supplier of the Police Department?s current hardware and software, Spillman Technologies,in the amount of $25,725. The upgraded server will replace the existing server.

A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to Spillman Technologies in the amount of $25,725. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of a vertical turbine pump for the Water Department.

Purchasing Agent Sue Swensen explained the pump would be used at the Sandberg Pond pump station, and is a sole source item to use with existing equipment in the amount of $74,785. The vendor is Flowtronex.

Council Member Gardner commented that he thought one of the reasons the City was interested in the right-of-way was to take advantage of the diversion and existing equipment.

Water and Power Director Wayne McArthur advised that there was no pump or equipment at this location. He explained that the City has had difficulty in the past building pump stations, and Flowtronex will bring in the pump and controls and guarantee the entire system.

A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to Flowtronex in the amount of $74,785. Mayor McArthur called for a vote, as follows:





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November 1, 2001
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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 NEW POLICE DEPARTMENT SERVER:
Officer Sherm Stebbins of the St. George Police Department explained that it was necessary to replace the existing primary server used for the Police Department and also 911 and data entry for dispatchers. He advised that the current server had reached the end of its life, and the new server will contain completely different system hardware. The price for the new server will also include loading and updating the old data base onto the new server, and the old server will be used as back-up to store data.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 23, 2001, recommended that a public hearing be scheduled for December 6, 2001 at 5:00 p.m. to consider a zone change from R-1-10 to AP for a new health center to be located at approximately 1400 East on the south side of Foremaster Drive. David Blake is the applicant.

A motion was made by Council Member Gardner and seconded by Council Member Isom to set the public hearing as recommended by the Planning Commission.

Mayor McArthur advised that this particular City Council meeting would have to be moved to the next week as most Council Members would be out of town. He suggested the public hearing be scheduled for December 13, 2001 at 5:00 p.m.

A motion was made by Council Member Gardner and seconded by Council Member Isom to set the public hearing for December 13, 2001 at 5:00 p.m. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Isom - 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 October 23, 2001, recommended approval of the preliminary plat for Sandstone Shadows Phase 2 with 17 single family lots located on 1250 West and Shadow Point Drive.

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

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

The vote was unanimous and the motion carried.

DISCUSSION CONCERNING PRELIMINARY PLAT:
Associate Planner Mark Bradley advised Ence Homes would like to move forward with their preliminary plans for the Seven Hills project off Sunset Blvd. west of the Sand hollow Aquatic Center. However, various steps needs to take place prior to submittal of the preliminary plat. Ence Homes? proposal involves the

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November 1, 2001
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placement of the City?s master planned road (2200 West) from 1800 North to Sunset Blvd. This road will be a continuation of Tuweap Drive off of Snow Canyon Parkway. The proposal shows much of the road on RPP land which is under the City?s jurisdiction granted by the BLM. Along with the placement of the road, the landscaping, sewer line, and sewer lift station need to be discussed. The Planning Commission recommends approval subject to further discussion with regard to the percentage of road to be built by the developer. Quentin Ence made a comment at the site visit with the City Council, Mayor, and Planning Commission that Ence Homes was willing to cover the full cost of the road if the City would allow the road to be built on RPP land. Vince Clayton is the agent.

Mayor McArthur commented that indeed Mr. Ence indicated at the site visit that if the road could be placed on the RPP land, Ence Homes would complete the entire street.

Jim Raines of Bush and Gudgell Engineering advised that the applicant is requesting that the 66? minor collector road be approved with the following recommendations: any recommendation of the traffic impact study be followed, excavation to be completed in such a way as to minimize cut and fill slopes, no excavation or materials will be allowed to fall into the Sand Hollow Wash, and the top of the cuts will be capped with native rock. He advised that his clients have agreed to all the recommendations. In addition, excess material shall be allowed to be placed on the Seven Hills development, and Ence Construction will complete 100% of the rough grading for the road and build the cross section as proposed. City standards do not require a median, but staff has indicated they would like to continue the median concept similar to that of Entrada, and his client will agree to build the landscaped median and the east half of the road and a 12 foot travel lane on the other side of the median, including turning lanes. A landscaped area from the road to the lots is proposed to avoid a walled corridor look. He advised that he met with Aron Baker to review the design and five intersections were eliminated. The distance between the remaining intersections are 700-800 feet, and the landscaped area will contain low maintenance xeriscape landscaping with berming, etc. The City will maintain the landscaping upon completion and acceptance of the improvements. Because of the sewer line on the north end of the project, it is proposed that Ence Homes install rock and mulch landscaping and deed this area to the City to be maintained by the City. Also, Ence Homes will work with the City in the design of the sewer system to eliminate a lift station currently located in the Canyon Terrace Subdivision. There is also a lot of storm drainage through the subdivision, the drainage plans will meet current city requirements to handle the existing flow. If the City wants to upgrade and change the flows, Ence Homes will ask the City to participate in costs to do so.

Mr. Raines commented that if the 66? road would not fit on the RPP property, Ence Homes would look to the City for compensation for the taking of any extra ground needed. Ence Homes is not trying to be adversarial, and this would be a reasonable compensation as it benefits the City by giving the cross section wanted.

Vince Clayton, representing Ence Homes, advised that part of the reason for this request is the fact that the road alignment has already been established by the City as part of the master plan road system. Tuweap has to go where the adjacent apartments are not located, which has also been established by the City. Ence Homes is asking that the road be permitted to be on City property, as dictated by where the road alignments are already established, and the location of the apartments.

Council Member Allen inquired if the City has already agreed to maintain the landscaping.

City Manager Gary Esplin replied that according to City policy, this would require City Council approval.


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November 1, 2001
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Council Member Allen commented that if the City did agree to maintain the landscaping, the City should be able to approve what is installed.

Vince Clayton advised that the purpose of today?s discussion was to discuss related issues, such as maintenance of landscaping, etc.

Council Member Allen inquired if the City usually participated in upsizing.

City Manager Gary Esplin replied that the City did participate in upsizing, as developers are only required to put in what is required for their development, and upsizing is what impact fees collected throughout the City are used for.

Mr. Clayton commented that drainage will be accommodated where it can be within the project. If upsizing is required, Ence Homes will be looking for participation.

Council Member Gardner inquired if the road were put through the middle of the project, if the developer would be responsible for the entire road.

City Manager Gary Esplin replied that he did not see the matter as an issue of the standard the City would require, but a compensation issue. Ence Homes would be receiving a commodity over which the City has control, and the bottom line is an economic question - is it better to place the road on the City?s property in order to maximize the topography which allows more units to be built to pay the cost of building the road. An argument could be made that the City would have to pay something if the road went through the middle of the proposed subdivision.

Mayor McArthur advised that the road could be widened if the median were eliminated.

Mr. Clayton replied that the median was included in the road design at the request of staff. If more pavement is required, the median could be eliminated. He advised he was told that curb, gutter, and sidewalk on the west side of the road would not be required.

Mayor McArthur inquired if a curb was not required on the west side, if drainage water would drain in to the wash and cause more destruction.

Mr. Raines replied that the design would be similar to that of Snow Canyon Parkway, with no curb and gutter and a sidewalk along the majority of the Parkway. As far as the drainage issue, there is not a significant amount of pavement. As far as the compensation issue, the master planned road will use five to six acres of property, and the value of the property is what led to the current proposal, and is reasonable compensation for the realignment of the lower portion of the road. If a 60? road were required, there would not be a loss of lots, but if a 66? road is required, this would result in a taking and cost issue.

City Manager Gary Esplin commented that the fact cannot be discounted that the road as designed adds value to the project. If the project is landscaped as proposed and a median is installed adjacent to the property, this will only increase the value of the property, and is a trade-off. Ence Homes would also be receiving the right to use the dirt removed from the hill.

Mayor McArthur reiterated that when everyone met on site, who would construct the road was not an issue as representatives from Ence Homes said they would, and it was understood the City would give up the land for the finished road.

Kim Ence explained the proposed median and berming was suggested by the Planning Commission, and it costs more to do it that way. If the City Council would like the center berm removed, that can be done. The bottom line is that Ence Homes will do whatever is required.


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November 1, 2001
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Mr. Esplin clarified that the understanding as a result of the discussion on site was that Ence Homes would improve the entire 66? road as compensation for the property. This does not include the median, but does include finishing the right-of-way, and installing curb, gutter and sidewalk.

Mr. Ence replied that sidewalk would be installed on one side only.

Mr. Esplin said the only issue to decide now is if it would be cheaper to put in two 17? travel lanes with a median, or a solid 66? wide road.

Mr. Clayton proposed that the preliminary plat be brought before the City Council and at that time Ence Homes would be ready to commit to a proposal.

Assistant City Engineer Jay Sandberg advised that the Fire Chief has taken a strong stance and wants the travel lanes to be 20? wide. On a 66? cross section, the asphalt width would be 50?.

Council Member Whatcott inquired why a 66? wide road was needed if a 50? wide road with curb, gutter and sidewalk and use of the center section would be sufficient.

Mr. Sandberg replied that the center lanes are used for turn lanes, and some of the width must be used for shoulder area.

City Manager Gary Esplin commented that when the apartments came in years ago, the RPP plat showed the road going down the section line. This was amended, and the trade-off was that a full road would be built. This was bonded for and a delay improvement agreement was signed by the apartment owners. The apartments have since been sold, but there is still a lien on the property and there should be a bond too for the completed road. As a trade-off for moving the road completely on the RPP land, Ence Homes agreed to build the entire road.

Mr. Clayon inquired if a calculation was made of the entire area consumed by the road and a value arrived at for equivalent compensation that can be contributed to the building of the 66? road.

Mr. Esplin replied that there were too many variables with regard to dirt, how much the property is worth, etc.

Mr. Clayton asked if the road alignment was OK. He was advised that it was. He asked if the median was a necessity. He was advised that it was not.

Mayor McArthur commented that the road alignment was fine, as long as the road was completed.

Mr. Clayton commented that if the traffic study were to come back recommending a 60? road instead of a 66? road, would it be acceptable if there were no driveways off of it. He asked if a 66? road were absolutely necessary.

Mr. Esplin replied that if a median were installed, a trade-off could be considered for the width to separate the traffic if it carries the same amount, and for taking care of the intersection.

Council Member Whatcott advised that City maintenance of landscaping adjacent to roadways should be revisited and a decision made before the City continues to accept maintenance of this landscaping.

City Manager Gary Esplin replied that according to City policy, the City maintains landscaping along 80? rights-of-way, but maintenance of 66? rights-of-way is considered on an individual basis. The problem is that there are many 66? rights-of-way.


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Council Member Allen commented that the City should not be maintaining landscaping which contains anything which has to be mowed or pruned.

FINAL PLAT APPROVAL:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 23, 2001, recommended approval of the final plat for Black Hills Vista located at 65 South Donlee Drive. Jeff Morby is the agent. The Planning Commission also recommended approval of the road dedication plat for Desert Hills Drive south of Brigham Road and south of Bloomington Hills. Washington County Board of Education, applicant. The Planning Commission also recommended approval of the road dedication plat for a portion of 2450 East Street south of Riverside Drive.

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

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

The vote was unanimous and the motion carried.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plat for Desert Hills Drive 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
Council Member Isom - aye

The vote was unanimous and the motion carried.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the road dedication plat for a portion of 2450 East Street south of Riverside Drive. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a day care center for up to 12 children in a home at 280 South 2100 East. Jody Edwards, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 23, 2001, recommended approval of a conditional use permit for a day care for up to 12 children in a home at 280 South 2100 East in Pioneer Cove Phase 2. The applicant meets the square footage requirement for 12 children. The proposed daycare operating hours are from 6:30 a.m. to 5:30 p.m. Monday through Friday. The ages of the children would be from infant to eight years of age. The Planning Commission recommended approval subject to (1) completion of the backyard and fence; and (2) obtaining a state license.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission.


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November 1, 2001
Page Eight

Council Member Gardner inquired if any of the neighbors had expressed concern. He was advised that they had not.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PROPOSED AMENDMENT TO ZONING ORDINANCE:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held October 23, 2001, recommended denial of the proposed amendment to the Zoning Ordinance which would repeal the restriction on parking boats, RV or travel trailers within the front setback in residential zones. All were in favor of keeping the ordinance. There were also seven to eight people present in favor of keeping the ordinance. There was no one present to support the proposed amendment. The Planning Commission asked staff to look at the time frame of the ordinance to improve the language to address the two week time frame for incidental use, but no storage permitted in the setback area.

PUBLIC HEARING/AMEND ZONING ORDINANCE BY ORDINANCE:
Public hearing to consider a request to amend the Zoning Ordinance, Chapter 16 - Mobile Home Zone, to enlarge the size of homes allowed in RV parks from 750 sq. ft. to 825 sq. ft. Doug Campbell, President of the Rio Virgin RV Homeowners Association, applicant.

Community Development Director Bob Nicholson advised that this issue was discussed in a work meeting held October 11. The ordinance right now limits the size of a dwelling unit in an RV park to 750 sq. ft. This square footage was derived from the 400 sq. ft. limitation set by state law, and the Council previously agreed to allow up to 350? additional in patio covers, etc., setting the limit at 750 sq. ft. Over the years there has been some encroachment and the ordinance has been hard to enforce. The suggested maximum of 825 sq. ft. would include pop-outs, cantilevered areas, etc. as total floor area. When this issue was brought before the Planning Commission, they recommended that larger units be considered as a conditional use, but staff feels this will just open a can of worms and it will be easier to set a limit and enforce it. He explained that there are a few existing units in the Rio Virgin RV Park which are larger than 825 sq. ft., and he suggested these be designated as existing legal non-conforming uses, due to past code interpretations.

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

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the proposed ordinance amendment.

Council Member Isom urged Mr. Nicholson to advise the building inspectors about the ordinance amendment, as this problem arose from interpretations by different inspectors.

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

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

The vote was unanimous and the motion carried.


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November 1, 2001
Page Nine

PUBLIC HEARING/AMEND 2001-2002 FISCAL BUDGET/RESOLUTION:
Public hearing to consider proposed amendments to the 2001-2002 fiscal budget for the City of St. George,

City Manager Gary Esplin reviewed the amendments to the fiscal budget with the Mayor and City Council. See Exhibit "A" attached hereto.

Mr. Esplin advised that the FAA let the City reopen the parking lot at the airport, and the City is using all the pavement it has. The municipal airport is back to normal as far as operation of the parking areas is concerned, but he expressed concern that parking be expanded to handle overflow needs. Funds for this project were requested, but cut out of the budget. He commented that a balance must be achieved between providing customer service and providing parking accommodations, but at some point this will all be thrown away when the new airport is constructed.

Mayor McArthur suggested that the area north of the terminal building and currently being used as tie-down area be used for parking, as this area is already paved with asphalt, and the fence would simply have to be moved.

Public Works Director Larry Bulloch recommended against this suggestion and commented it would be expensive to move the fence, change the curb lines and install new accesses. He recommended that the area which is graded and located immediately adjacent to the parking lot to the south be chip sealed. He commented that the lay-out was already in place, and it would be awkward to change the tie-down area into a vehicle parking lot.

Mayor McArthur stated he felt the proposal was worth looking at as no curb would be needed and it would be inexpensive to move the fence.

Mr. Bulloch advised the chip seal project could be performed for about $50,000 and recommended that this proposal be used as the area is currently being used for overflow parking. By City ordinance, the lot should be paved, not graveled.

Council Member Whatcott commented that he agreed with Mayor McArthur?s suggestion and it should be looked at.

City Manager Gary Esplin advised the item will be brought back before the City Council in two weeks.

Mr. Esplin advised that according to State law, 99.9% of City projects are bid out to private companies.

Mayor McArthur agreed that almost all City projects are done by private companies.

Mr. Bulloch advised that City crews maintain the projects once the capital improvements are complete.

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 Isom and seconded by Council Member Whatcott to approve the resolution as presented. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.



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November 1, 2001
Page Ten

REQUEST TO CLOSE STREET:
Consider a request from the Church of Jesus Christ of Latter-Day Saints to close 300 East Street between 400 South and 500 South on November 23, 2001 for a temple lighting ceremony.

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

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

The vote was unanimous and the motion carried.

SHOOTING PARK AGREEMENT:
Consider approval of an Interlocal Cooperation Agreement between the City and the Southern Utah Shooting Sports Park Agency.

This item was tabled.

DISCUSSION RE RESIDENTIAL TREATMENT CENTERS:
Consider clarification of City intent regarding residential treatment centers. Gary Kuhlmann, applicant.

This item was tabled.

ENGINEERING CONTRACT:
Consider approval of an engineering contract with Sear Brown for interstate landscape design.

This item was tabled.

CHANGE ORDER FOR HIGHLAND DRIVE PROJECT:
Consider approval of a change order with Creamer & Noble Engineers for the Highland Drive project.

City Manager Gary Esplin advised the proposed change order is for the Highland Drive project. He explained that part of the capital plan for transportation includes completing Highland Drive and widening it from Wendy?s to the Washington City limits. The City has some federal funds from the small urban program to use for this purpose, but since the recent census, the City will no longer be able to qualify for this program. The City would like to spend the money already approved for this project, and break the project into two pieces. This change order will allow Creamer & Noble to redesign the project and split it into two phases. The first phase would include widening the road as it comes off the hill to 1400 East.

Public Works Director Larry Bulloch advised the nature of the project was changed to avoid environmental studies. If the City were to continue on the same track, it would take a year or two for the environmental studies, but if the project is changed to a safety project, the City can spend the $640,000 of small urban funds and split out the project.

A motion was made by Council member Gardner and seconded by Council Member Isom to approve the change order as presented.

Council Member Whatcott inquired if the change order amount of $23,000 was in addition to funds already approved for this engineering contract.

Mr. Bulloch replied that the $23,000 was in addition to their other fees, as the project had to be split in half and two separate sets of plans must be designed and separate projects administered. He advised that the City will lose the

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November 1, 2001
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$640,000 if it does not split the project as proposed, and the increase will be offset by savings of not having to do environmental work.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Allen asked what was going to happen to the area between the mobile homes and the freeway.

Mr. Bulloch replied that City staff will meet with the property owner and decide what to do. Engineers have been instructed to determine what the land use will be and whether it should be transitioned to other uses or remain as it is. Based on that information, a decision will be made. The City will have to go around them with this project and widen the area as part of a future project. However, the preference would be to do the whole thing now, depending on the impacts to the property owners.

SUPPLEMENTAL AGREEMENT WITH UDOT:
Consider approval of a supplemental agreement between the Utah Department of Transportation and the City of St. George on the Washington Interchange Milepost 10 Project.

City Manager Gary Esplin explained this agreement will allow the City to be reimbursed for funds it fronted UDOT for engineering design of the Milepost 10 project.

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

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

The vote was unanimous and the motion carried.

AGREEMENT WITH DIXIE ESCALANTE ELECTRIC:
Consider approval of an agreement with the Dixie Escalante Electric Association for participation in road improvements on River Road adjacent to their facility.

City Manager Gary Esplin advised this agreement is needed to facilitate improvements along frontage owned by Dixie Escalante Electric as part of Phase 2 of the River Road improvement project. The City cannot require them to participate as they are an existing entity and have no intention of adding to their facility at this location. They are proposing to voluntarily complete some of the frontage, and the City would pick up the remainder of the costs.

Public Works Director Larry Bulloch advised that Dixie Escalante?s share would be half of the $144,000 project cost.

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

Council Member Gardner - aye
Council Member Isom - aye

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November 1, 2001
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Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

AGREEMENT RE IMPROVEMENTS ON TONAQUINT DRIVE:
Consider approval of an agreement for the City to participate in improvements on Tonaquint Drive adjacent to the Shepherd of the Hills United Methodist Church.

City Manager Gary Esplin explained there has been a disagreement between the Shepherd of the Hills United Methodist Church and the City over who is responsible for what improvements along Tonaquint Drive. He stated he believed it was a misunderstanding since the church does not do many building projects and did not totally understand their responsibilities. The church involved the State Ombudsman who found in the City?s favor. The City did initially agree to help with some of the improvements, and this agreement reduces to writing the City?s share of $25,445.

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

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

The vote was unanimous and the motion carried.

AGREEMENT FOR TORCH RUN AND OLYMPICS SECURITY:
Consider approval of an agreement with the Salt Lake Olympic Organizing Committee for security arrangements for the Torch Run and the Olympics.

City Manager Gary Esplin explained that the previous Chief of Police, who is now in charge of Olympic security, committed some of our officers to work along with other agencies to provide security for the Olympics. The City of St. George will pay their salaries and expenses, but if the City is required to place those individuals on leave, SLOC would pay for their overtime on an availability basis.

City Attorney Jonathan Wright advised that SLOC will indemnify and hold the City harmless for any act or omission of one of our officers.

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

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

The vote was unanimous and the motion carried.

AGREEMENT FOR WATER TANK:
Consider approval of an agreement with Stout Construction for installation of a water storage tank for the Bloomington Hills irrigation project.

City Manager Gary Esplin advised the Water and Power Board recommended approval of this agreement. The water tank will provide non-potable water for schools and other public entities in the area. Stout Construction has been used in the past by the City in these water tank installation projects.


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It was discovered that the dollar amount of the contract was inadvertently left out of the contract. The matter was tabled and will be brought back before the City Council at a later date.

AGREEMENT WITH UAMPS:
Consider approval of an operating agreement between UAMPS and the City of St. George for the UAMPS mobile generator.

City Manager Gary Esplin advised that the City of St. George would prefer to be the operating agent of this generator, and the Water and Power Board recommended approval.

Council Member Gardner advised it was felt the City should assume responsibility for the generator and would benefit from its availability. He made a motion to approve the agreement. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows;

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

The vote was unanimous and the motion carried.

SETTLEMENT AGREEMENT:
Consider approval of a proposed settlement agreement with the Willow Run Homeowners Association, St. George Clara Field Canal Company, and Jay Ence.

City Manager Gary Esplin suggested that action on this item be postponed until after the executive session.

UPDATE ON POLICE DEPARTMENT ACTIVITIES:
Police Chief Marlon Stratton mentioned some of the accomplishments of the Police Department over the last few weeks, including apprehension of the suspect in the homicide at the barber ship, apprehension of the suspect in an armed robbery, and the recent taking down of a meth lab.

DOCTORS FREE CLINIC GROUNDBREAKING:
Carol Sapp, Southern Utah Homebuilders Association, announced that a ground breaking for the doctors free clinic will be held Tuesday, November 6, 2001 at noon on site.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 4, 2001.

A motion to approve the minutes as presented 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 Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the City Council work meeting held October 11, 2001.

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

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November 1, 2001
Page Fourteen

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

The vote was unanimous and the motion carried.

UPDATE ON USED CAR LOT ON 400 EAST:
Mayor McArthur reported that he had a discussion with the owner of the used car lot on 400 East, and paving of the parking lot will be done immediately, with the landscaping to follow.

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

Council Member Whatoctt - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

RECONVENE:
Regular session then reconvened.

SETTLEMENT AGREEMENT:
Consider approval of a proposed settlement agreement with the Willow Run Homeowners Association, St. George Clara Field Canal Company, and Jay Ence.

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

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

The vote was unanimous and the motion carried.

DISCUSSION RE GRAVEL YARD ON 700 EAST:
Mayor McArthur advised that he had a discussion with the owner of 3H Turf Farm who would prefer to locate his gravel yard on freeway frontage along Highland Drive rather than on 700 East. The property along the freeway is already zoned commercial, but has no access.

City Manager Gary Esplin said the City would have to give a waiver on the access.

City Attorney Jonathan Wright advised the plat and elevations would also have to be approved.

Council Member Gardner stated the use fits better on Highland Drive than on 700 East, but the business would have to be made attractive.

Mayor McArthur agreed that the use did not belong on 700 East.

DISCUSSION RE CITY?S INTENT RE RESIDENTIAL TREATMENT CENTERS:
City Manager Gary Esplin explained that Gary Kuhlmann represents a client who would like the City Council to clarify its intent with regard to the residential


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November 1, 2001
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treatment center ordinance with regard to its effect on and compatibility with surrounding properties.

PUBLIC HEARING RE WEST CITY SPRINGS:
A public hearing to discuss the West City Springs issue is scheduled for November 8, 2001 at 5:00 p.m.

The meeting then adjourned.



______________________________
Gay Cragun, City Recorder