City Council Minutes

Thursday, August 7,2003



St. George City Council Minutes
Regular Meeting August 7, 2003
City Council Chambers

PRESENT:
Mayor Daniel McArthur
Council Member Sharon Isom
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Ren? Fleming

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Parks Superintendent Lynn Scott and the invocation was offered by Chief Stoker.

Mayor McArthur invited anyone interested in offering the invocation or leading the pledge of allegiance at future meetings to please advise him.

City Manager Esplin advised there is one addendum to the agenda which is a public hearing for a bond issue and items 6H and 6I would be tabled.

Conservation update:

Conservation Coordinator Ren? Fleming indicated water production in July increased over July 2002. However, production for August has decreased compared with August 2003. She explained energy peaks at this time of year can be significant and encouraged citizens to raise the thermostat and do avoid using appliances such as washing machines during the peak time of day which is between 2:00pm and 8:00pm.

BID OPENINGS
Consider award of bid for the marathon runner T-shirts

Purchasing Agent Sue Swensen distributed two sample T-shirts for the council to evaluate. She explained the bid was done more as a request for proposal of a performance blend long sleeved shirt.

Council Member Orton asked if the local vendor can supply the higher quality T-shirt.

Purchasing Agent Sue Swensen indicated the local vender could not provide the higher quality cool max T-shirt. The difference in the bid is $251. She explained an informal survey was done with runners round town and the performance blend T-shirt was preferred. Staff is recommending awarding the bid to Mega-Pro.

Council Member Whatcott made a motion, seconded by Council Member Orton to award the bid to Race Ready in the amount of $34,200.00. All voted aye, motion carried.

Consider award of bid for a test center with DC field

Purchasing Agent Sue Swensen explained this is a bid for equipment to be used to rewind motors at the reclamation facility. The bid was sent out to several companies, only one responded.

Water Services Director Barnum explained the department typically sends motors out to be rewound. Staff has reviewed the cost for this service over the last six months; it amounted to approximately $27,000. There is an employee at the Waste Water Treatment plant that has done this work as a profession. By purchasing the equipment to do this, the

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department will save over 40% of cost to send motors out. The payback time will be about 4 years. Also, the Water Service Department can provide this service for other City departments.

Council Member Gardner expressed concern regarding the service belongs in the private sector, but if the City can make the tax dollars go further this is a valid request.

Private industry providing this service was discussed. There is a company in Cedar City and one in the City of St. George that does provide this service. The materials will still be purchased locally, only the labor will be provided by a City employee.

Council Member Orton made a motion, seconded by Council Member Whatcott to award the bid to Essex/Brownell in the amount of $49,390.00. All voted aye, motion carried.

Consider award of mid for seed for the golf course

Purchasing Agent Sue Swensen explained the bid includes seed for the Snow Canyon Soft Ball complex. Three bids were received. It is recommended to award go to the low bidder, John Deere Landscape in the amount of $85,120.00.

The council discussed the specifications of the seeds, all bids met the specifications. Also discussed was the amount of water used for reseeding. The reseeding will be done in September when water demand is down.

Council Member Gardner made a motion to award the bid to John Deere Landscape in the amount of $85,120.00, seconded by Council Member Orton. All voted aye, motion carried.

Consider award of bid for marathon trophies and finisher medallions

Purchasing Agent Sue Swensen indicated the trophies and medallions are unique. Staff recommends awarding the bid to Kenworthy Signs in the amount of $32,542.75.

Mayor McArthur asked about the prices, have they increased over the years?

Leisure Services Director Perkins indicated that over the years prices have raised some, but have been the same for the last 2 years. He explained the funds for the awards are reimbursed by the contestants and sponsors of the marathon.

Council Member Orton made a motion, seconded by Council Member Whatcott to award the bid to Ken Worthy Signs in the amount of $32,542.75. All voted aye, motion carried.

Consider award of bid for the Slick Rock Park playground structure

Purchasing Agent Sue Swensen explained the Parks Department wants install a play element that fits into the natural area of this park. There is only one company that can supply something within the approved price range. The amount is of the bid is $48,066.00.

Parks Superintendent Lynn Scott explained the department is trying to work with the natural environment and to limit the amount of area disturbed. This element can be configured and installed by Parks Department.

Council Member Gardner asked why the natural boulders are not suited for climbing on.



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Parks Superintendent Lynn Scott explained this is a more controlled environment which can have playground surfacing underneath it.

Mayor McArthur asked if there will be traditional equipment such as swings installed.

Parks Superintendent Lynn Scott indicated there will not, however, within a few blocks there are parks with swings and other traditional structures. Traditional playgrounds are suited for 5 ? 12 year olds. This park will be used by those attending the Millcreek High School. This structure is suited for 5 year olds and up.

Council Member Gardner made a motion, seconded by Council Member Orton to award the bid in the amount of $48,066.00 for the Slick Rock playground structure.

Council Member Whatcott asked if the amount includes playground surfacing.

Parks Superintendent Lynn Scott indicated it does not; it does include the shipping costs.

All voted aye, motion carried.

Consider award of bid for the Dixie Downs Park playground structure

Purchasing Agent Sue Swensen indicated this is a replacement structure for one that was damaged in a fire. The source is the vendor that supplied the original structure.

Mayor McArthur asked if this is covered by insurance.
Parks Superintendent Lynn Scott indicated the cost is partially covered by insurance. The Washington County School District (WCSD) has agreed to fund $10,000.00 of the cost not covered by insurance.

Council Member Whatcott made a motion, seconded by Council Member Orton to award the bid to Great Western Park and Playground in the amount of $32,416.02. All voted aye, motion carried.

ORDINANCES:
Consider approval of an ordinance adjusting the common boundary line with Washington City along Middleton Drive generally along the frontage of the Canyon Breeze RV Park.

City Manager Esplin indicated this item has been tabled due to lack of legal description.

Consider approval of an ordinance abandoning a portion of roadway located along the southwest corner of the intersection of 1800 North Dixie Downs Road

City Manager Esplin indicated the portion of the roadway to be abandoned will revert to the property owner who originally donated the property to the City.

Council Member Gardner made a motion to approve by ordinance abandoning a portion of the roadway located along the southwest corner o the intersection of 1800 North Dixie Downs Road. Motion was 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
Motion carried




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RESOLUTIONS:
Consider approval of a resolution abandoning a utility easement between Lots 9, 10 and 15 of the Westrigde Subdivision, Phase II

City Manger Esplin indicated the abandonment is a portion of the utility easement and is requested by the property owner who would like to construct a larger home on the lots. It has been through JUC and was approved.

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

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Gardner, aye
Motion carried
Consider approval of a resolution adopting a fine schedule for the Code Enforcement Program

City Manager Esplin indicated the fines discussed in previous meetings should be set by resolution rather than by ordinance. The schedule has not changed.

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

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Gardner, aye
Motion carried

Consider approval of a resolution adopting a fee schedule for accident reports and related documents

City Manager Esplin indicated the proposed fee schedule is the State Public Safety schedule and is recommended by staff. The fee schedule is higher than fees currently charged by the department.

Mayor McArthur asked concerning the frequency of requests for this information.

Chief Stratton explained City Attorney Guzman has instructed the department to change the procedures so that accident reports, witness statements etc are available to the public in accordance with Utah law, rather than only parties involved in the incident. This is a reason for the change in the fee schedule.

City Attorney Guzman pointed out the department did have to purchase a dubbing machine for video tape requests.

Chief Stratton indicated the department did purchase that equipment and the other factor to keep in mind is the increase in employee time to provide the reports requested. He indicated the proposed fee schedule is the fee schedule adopted by the Utah Department of Public Safety.

The council discussed the frequency of requests and current fees. The current fee schedule does not cover the costs of providing copies. The proposed fee schedule was discussed.

Council Member Orton made a motion, seconded by Council Member Gardner to adopt by resolution a fee schedule for accident reports and related documents. Mayor McArthur called for a roll call as follows:
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August 7, 2003
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Council Member Whatcott, aye
Council Member Orton, aye
Council Member Gardner, aye
Motion carried

STAFF REPORTS:
Report from the Planning Commission meeting held July 29, 2003

Community Development Director Nicholson indicated there are five final plats ready for approval. The first is Las Hurde Subdivision wit 16 multiple family dwelling lots located on the southeast corner of Valley View Drive and Shadow Point Drive. Most of the lots are large enough to have twin homes.

Council Member Gardner made a motion, seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. All voted aye, motion carried.

There was discussion regarding the building currently being built on Valley View Drive. The project under construction is different than the one just approved.

Council Member Whatcott expressed concern regarding the improvements required on the frontage of the road not being completed until the project is completed.

An unidentified member indicated he is paying for improvements on Valley View now.

Community Development Director Nicholson indicated the final plats for Sun River St. George Phase 8 with 45 dwelling units located off of Sun River Parkway at Sunkissed Drive and Rabbit Shadow Drive and Sun River St. George Phase 9 with 44 dwelling units located off of Sun River Parkway at Sunkissed Drive and Big River Drive have been submitted for approval. The projects are adjacent to each other. Sun River Parkway will be a public street.

Council Member Gardner made a motion, seconded by Council Member Whatcott to approve the final plats for Sun River Phases 8 and 9 and to authorize the Mayor to sign them. All voted aye, motion carried.

Community Development Director Nicholson indicated the final plat for the Western Rock Subdivision with 7 lots located in an M-1 zone at 1080 East 770 North is submitted for approval. Public roads will serve the subdivision.

Council Member Whatcott made a motion, seconded by Council Member Orton to approve the final plat for the Western Rock Subdivision and authorize the Mayor to sign it. All voted aye, motion carried.

Community Development Director Nicholson indicated the final plat for The Legacy No. 12 Townhome Subdivision with 25 dwelling units located off of Tonaquint Drive at Windsor Drive is submitted for approval.

Council Member Orton asked with the increase at The Legacy, how much of Tonaquint Drive will be improved.

Community Development Director Nicholson advised he is not sure of improvement schedules.
City Manager Esplin explained the project was developed and owned by The Legacy and then given back to original property owner. The option to require the developer to complete 50% of road improvements may not be available. Projects approved now require payment for frontage improvements if the road will be impacted.

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Council Member Whatcott made a motion, seconded by Council Member Orton to approve the final plat for The Legacy Phase 12 and authorize the Mayor to sign it. All voted aye, motion carried.

Community Development Director Nicholson reviewed two items of interest discussed at the last Planning Commission meeting. A yoga studio could be considered as a conditional use permit in the Administrative and Professional Zone located at 410 East Tabernacle Street. A preschool could be considered as a conditional use permit in the Agricultural zone located at 2131 South 3430 East.

Conditional use permit to care for large animals at the Veterinary Clinic at 730 N. Dixie Drive.

Community Development Director Nicholson indicated Dr. Craig Brinkerhoff is the applicant. In May 2003 the council upon recommendation of the Planning Commission amended the Zoning Ordinance to designate a large animal vet clinic as a conditional use allowed in the zone. Dr. Brinkerhoff has applied for a conditional use permit. The use for treating large animals was shown on the plans that were submitted to the building department. At the Planning Commission meeting a couple of citizens spoke in opposition. Ross Hurst spoke in opposition but has withdrawn his opposition. The staff feels that if area is properly cared for it should be compatible with surrounding area.

There was discussion concerning a conditional use permit, if it was temporary and if it could be withdrawn. A conditional use permit can be withdrawn if the conditions under which it is approved are not complied with.

Dr. Brinkerhoff addressed the council. He explained that his clinic has been in this location for 15 years. At the time he located to the property only Lewis Meats was in the area. He indicated he was told verbally that he was grandfathered in, however; he did not get it in writing. He has kept the stalls clean; there is a hedge to block the view of the animals.

Mayor McArthur asked how long animals are housed on the property.

Dr. Brinkerhoff explained most of the animals are treated and released the same day. However, surgery generally requires 2 day stay although some animals will stay a week if drainage or other care is necessary. He explained he does not board horses.

Mayor McArthur invited anyone else in attendance to make comments.
Doug Terry indicated he represents owners of a commercial development and homeowners in Sunset Plateau. He indicated the minutes from the February 1990 request reflect the use was denied by the Planning Commission. He indicated one of the reasons the request at the July 29, 2003 meeting was denied is that Dr. Brinkerhoff has been treating large animals knowing the request was denied in 1990. He explained his clients feel very strongly that this is not an appropriate use for this zone. He asked the council to consider appropriate restrictions as to type and length of stay of animals at the clinic and also blocking the view. He asked for the council to limit the stay to same day in and out treatment.

Council Member Isom arrived at 5:00pm

Council Member Orton commented he is hesitant to put restrictions on the way the business can be run as none of the council members have experience in this type of business. Maybe an animal needs more than same day treatment.

Council Member Whatcott commented the vet clinic was built 15 years ago next to a slaughter house. Is it fair to ask the clinic to move to the outskirts of town every time development comes close to the clinic?

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Council Member Whatcott made a motion, seconded by Council Member Orton to approve the conditional use permit.

Council Member Gardner indicated Dr. Brinkerhoff has assured the council the clinic won?t be used as horse boarding facility, rather only for animals there for treatment. He suggested a barrier in front of the coral portion to appease the neighbors be installed.

Dr. Brinkerhoff indicated he would not be opposed to doing that.

Council Member Orton indicated there is already a barrier on the side; other businesses are not required to add barriers as part of a condition of doing business.

Council Member Whatcott amended motion to include the stipulation that clinic will not be used for boarding. Council Member Orton seconded the amended motion. All voted aye, motion carried.

PUBLIC HEARINGS
Public hearing to consider approval of a zone change from PD Commercial to C-2 Commercial and Open Space on 30.28 acres located at 100 South between River Road and the East Black Ridge and generally north of the Target store

Community Development Director Nicholson explained the site is a total of 30.28 acres. The C-2 zone change consists of 21.3 acres and the open space would consist of 8.95. The Planning Commission recommends approval with a development agreement that stipulates the usage and some requirements on landscaping. The agreement would stipulate the area subject to the Hillside Ordinance.

Mayor McArthur asked the council for questions and invited the applicants to speak.

The applicants didn?t make any comments.
Mayor McArthur opened public hearing.

Council Member Allen arrived at 5:10 p.m.

Bob McGregor addressed the council in opposition to the zone change. He indicated the use is incompatible with the homes in the area. He indicated the noise from the Wingers Restaurant and the Target store is disruptive.

Mayor McArthur asked Mr. McGregor if he has seen the list of uses allowed in the zone and commented his point is well taken.

Mr. McGregor was provided a list of types of businesses not allowed in the zone.

Council Member Gardner asked if stipulations can be placed on possible tenets at this point.

Mayor McArthur declared the public hearing closed and asked council for discussion.

Council Member Orton made a motion to approve the zone change subject to Planning Commission stipulations. Council Member Isom seconded the motion.

Council Member Whatcott asked concerning the road that goes about half way into the property and doesn?t line up with existing roads, will it create a problem.

Ed Burgess indicated the road will line up with the Applebee?s and Wingers restaurant entrance. A traffic survey has been done and it addresses the right hand only turn.
Mayor McArthur called for a roll call vote as follows:

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Council Member Whatcott, aye
Council Member Orton, aye
Council Member Isom, aye
Council Member Allen, aye
Council Member Gardner, aye
Motion carried

Public hearing to consider amendment of the Blackridge Planned Development zone to replace the proposed movie theater with a four story office building and for modifications to the site layout which includes restaurants and retail for the parcel east of 250 West Street located at the northeast corner of 250 West Street and the Blackridge Drive intersection

Community Development Director Nicholson explained the planned development was approved several years ago. The amendment involves a small portion of the planned development. At the time the plan was approved, the site was presented as a movie theater. The applicant wants to replace the proposed theater with a four story office building. The building is 11 feet above the elevation of the curb and will have a reflective glass exterior. He explained there is concern about having a reflective glass building, the applicant indicates it?s only about 30% reflective and has been asked to bring some samples for the council to evaluate.

Mark Nielsen, the architect for this project, provided a sample of the glass.

Mayor McArthur expressed concern with a glass building on the side of a hill and indicated it?s not the intent of the valley to draw attention to one particular office building.

There was discussion regarding the placement of the building on the site and possibly moving it closer to the side of the hill. Concern was expressed regarding the height of the building and the prominence of the reflective glass exterior.

Mayor McArthur declared the public hearing open.

Phillip Bunderson spoke in opposition to the amendment. He expressed concern with the height of the building and loss of view from his property. He also expressed concern with area being a hazardous waste landfill containing buried asbestos and construction digging up the asbestos and creating a health hazard.

Steve Brown a landowner and co developer of the property spoke in favor of approval of the amendment. He explained there is a blue clay soil problem on the hillside. More load on a small footprint would decrease the chance of movement or settlement of the building.

Council Member Whatcott asked Mr. Brown if he had a plat showing the changes versus the original.

Les Stoker indicated the proposed placement of the theater compared with the proposed building on the site plan.

There was discussion concerning the size of the proposed building. The foot print would be smaller than the movie theater.

Richard Evans distributed a handout to the council detailing his concerns. He spoke in opposition to the proposed amendment. He expressed concern with regard to the view, the asbestos situation, noise from restaurants and garbage collection.



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Johnny Watts spoke in opposition to the amendment. He expressed concern regarding drainage of the property and a decrease in property value as a result of the building blocking the view.

Sheryl Brown distributed an exhibit to the council and spoke in favor or the amendment.

Kay Hancock indicated he has no objection to an office building and spoke in favor of the amendment.

Steve Brown indicated there are four story buildings in the City of St. George. The proposed building is tucked into the corner of the lot as much as possible. The view of the back of the hillside is the only view that will be blocked.

The way the measurements for the height of the building should be done and the restrictions within a Planned Development zone were discussed. Also discussed was minimizing future possible problems with regard to the footprint of the building in blue clay.

Steve Brown indicated the developer is not affiliated with the other contractor that has caused concern for the neighbors. The Planned Development zone will control drainage of the area.

Richard Evans spoke in opposition to the amendment. He expressed concern over loosing his view and the property value decreasing.

An unidentified member of the audience indicated that when contractors are done they leave and no one knows who to address problems to when they leave. He explained he has been threatened with a lawsuit by other entities when Ence Construction is the one who made the problem.

City Manager Esplin indicated the City may have to mediate some of those problems. He committed to review it again. However, that issue needs to be resolved independent of issue currently before council. With regard to drainage of this project, drainage has to be taken off site.

Mayor McArthur declared public hearing closed.

Les Stoker indicated the master plan for this project shows that no water will run over the wall. There is a storm drain that goes under Blackridge Road that will handle the drainage.

Mayor McArthur commented he still has concerns as to whether this is an appropriate place for this type of building and is concerned about the reflection of the glass.

City Manager Esplin advised it would be difficult to make a decision without going to the site to see where the building is in relation to the hill. The developers can stake out the corner of the building so the council can evaluate the site.

A site visit was discussed as was the impact of the building on the community.

Sheryl Brown indicated she had a picture showing the glass and the property site with the stakes. Only four windows of the homeowners will have the building in its view.

City Manager Esplin expressed concern that due to the use of reflective glass the building will become a sign or a beacon. He thinks an office building is a good use of the site.

Council Member Orton made a motion to continue the matter and to schedule a site visit. Council Member Isom seconded the motion. All voted aye, motion carried.
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August 7, 2003
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Public hearing to consider approval of an amended Planned Development zone for the Fossil Hills PD to allow for access to the proposed Grand Vista Cove subdivision from Basswood Circle rather than River Road.

Community Development Director Nicholson explained the issue for discussion is access into the proposed 13 lot subdivision. He provided some history of the development. The Planning Commission recommends access from Basswood Circle as the preference although the plat was approved with access from either Basswood Circle or River Road.

Mayor McArthur declared the public hearing open.

Louis Martin spoke in opposition to the change. She expressed concern regarding a third road surrounding her home and commented that the proposed road would not meet the ordinance requiring a 25 foot set back from a house. She expressed concern with respect to the additional traffic and limited access. A walkway on the easement would be acceptable.

Hank Kodele spoke in opposition to the change and expressed concern with the additional traffic in the subdivision as well as concern with regard to emergency access. He indicated a walk way would be acceptable and encouraged council to vote for access on River Road.

Robert Rands expressed concerned regarding who has requested the change.

Mayor McArthur indicated the City Manager indicated a public hearing should be held to discuss this issue now that the property is going to be developed.

Robert Rands spoke in opposition to the change and expressed concern with drainage and the width of the proposed street which would be 44 feet wide rather than 50 feet. The addition of sidewalks will make the road even narrower.

Jeff Stewart spoke in support of the change. He indicated he doesn?t like the idea of isolating 13 homes form the community and doesn?t think the increase in the number of car using the streets will make much of a difference.

Loa Anhear spoke in opposition of the change and expressed concern regarding traffic. The proposed road will face her living room. She also expressed concern regarding why it has to be brought before the council again after the decision regarding access was made 9 years ago.

Don Jones indicated he lives on Basswood Circle. He spoke in opposition to the change. He indicated Basswood Circle is not a safer alternative to River Road. The streets are narrow and there are no sidewalks.

Ken Murphy with Bush and Gudgell Engineering spoke in support of the change. He indicated the speed on River Road is approximately 45 MPH and he doesn?t think subdivision access should be onto a collector road.

Lorraine Rands spoke in opposition to the change. She indicated there is a good view of traffic each direction on River Road. Site on Basswood Circle is short.

Council Member Isom asked for input from Aaron Baker with the Public Works Department.

Aaron Baker explained that it would be a poor recommendation to have access for a 13 lot subdivision on to a major collector street. However, a signal at the intersection would help. The recommendation from the staff engineering department is that access should go into a residential street rather than a major collector road.
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Council Member Gardner asked if the width and clearance from the building lot 17 meet City standards.

Aaron Baker indicated he can?t address the offset of the building. He indicated it?s not uncommon in new developments to have a lot with three streets surrounding it. Sight concerns can be addressed at that the new intersection. The majority of roads in Bloomington Hills are not improved and the streets are narrow. The pavement width for the proposed residential street will be 26 feet.

The width of the existing 50 foot wide easement was discussed. Whether the existing easement is a road or only an easement was discussed. If a road is built it could be an infringement on property owners.

City Manager Esplin explained building a new road creates a hardship on an existing subdivision when homes have been built with no road indicated in the master plan. If there are other alternatives to serve the 13 lot subdivision, they should be considered because of the existing extenuating circumstances. Development will happen all along River Road. His recommendation is to provide access via River Road and provide walking access between the 2 neighborhoods.

Hank Kodele indicated The Knolls and St. James subdivisions have access onto River Road.

Mayor McArthur closed the public hearing.

Council Member Whatcott made a motion to construct a walk through the two neighborhoods street access for the 13 lot subdivision will be from River Road. Council Member Orton seconded the motion.

Mayor asked for further discussion.

Council Member Gardner commented there is justification to have access into the neighborhood. The concern that swayed him is clearance between the proposed road and Mrs. Martin?s house.

Council Member Allen commented the City has annexed 7000 acres of developable land south of the City. River Road will be very busy. There is concern for the long term, but she is concerned over the setbacks of existing homes adjacent to the proposed road.

Council Member Whatcott commented that he lived in that neighborhood it is about 3/4 of a mile to get onto River Road via the residential streets. He would much prefer to access River Road than drive the narrow roads.

Mayor McArthur called for a roll call vote as follows:
Council Member Gardner aye
Council Member Allen, aye
Council Member Isom, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried.

Council Member Whatcott made a motion, seconded by Council Member Orton to approve the preliminary plat with access onto River Road with a walk way between the two neighborhoods. Mayor McArthur called for a roll call vote as follows.

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Isom, aye
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Council Member Allen, aye
Council Member Gardner, aye
Motion carried

Public hearing to consider amendment to the Hidden Valley Planned Development site plan and building elevations for 244 townhome units in a PD zone at approximately 700 East Brigham Road.

Community Development Director Nicholson explained the project was approved about 2 years ago. The changes are limited construction of all two story buildings, reducing the density to 244 units. The Planning Commission recommends approval with medians in Hidden Valley Drive. Hidden Valley Drive is the major collector road in the area.

The council discussed who made the request. The request came from the staff and the Planning Commission.

Mayor McArthur opened public hearing. Seeing no one here to speak he closed the public hearing.

The council discussed the median which will be constructed as the project is developed.

Mr. Kinsel asked regarding the price and size of condos.

An unidentified member of the audience indicated the condos will sell for $100,000 and will be1400 square feet.

Ilene Kinsel expressed concern regarding the effect of development on property value.

City Manager Esplin indicated the project as approved previously was denser than the amended project making this a better project as it?s less dense and not as high as the previous project.

Council Member Gardner made a motion seconded by Council Member Allen to approve the amendment of the Hidden Valley Planned Development site with the median to be built as indicated with building elevations for 244 townhomes units. Mayor McArthur called for a roll call vote as follows:

Council Member Whatcott, aye
Council Member Orton, aye
Council Member Isom, aye
Council Member Allen, aye
Council Member Gardner, aye
Motion carried

STAFF REPORTS
Consider approval of a beer license for Mr. D?s located at 929 W. Sunset Blvd.

City Manager Esplin indicated this request is for an existing business with a new owner, it is not a new license. Staff recommendation is to approve

Council Member Gardner made a motion, seconded by Council Member Orton to approve the beer license for Mr. D?s located at 929 W. Sunset Blvd. All voted aye, motion carried

Consider approval of a beer license for the Sicilian Gardens Restaurant

City Manager Esplin indicated the application is submitted correctly and meets the City requirement. The staff recommendation is to approve.
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August 7, 2003
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Council Member Orton made a motion seconded by Council Member Whatcott to approve a beer license for the Sicilian Gardens Restaurant. All voted aye, motion carried.

Council Member Isom was excused.

PUBLIC HEARING
Public hearing to receive input from the public with respect to the issuance by the City of St. George of its Excise Tax Road Revenue Bonds. Series 2003 in an amount not to exceed $5,500,000 (the ?Series 2003 Bonds?)
Mayor McArthur declared the public hearing open and asked for comments.

Seeing no one to make comments, Mayor McArthur closed public hearing.

STAFF REPORTS
Consider approval of a change order for repair of the County road as a result of the installation of the new water line for the Gunlock wells
City Manager Esplin explained the County is requiring additional work on the road in the amount of $39,000. The County requirement is to put a better road in than what was there before.

A representative from Progressive Contracting Inc. (PCI) explained the amount of the change order was agreed on in negations with Frank Kell and PCI. PCI is not asking for much more than hard costs.

Council Member Whatcott made a motion seconded by Council Member Orton motion to approve the change order. All voted aye, motion carried.

Consider approval of a change order to widen the Dixie Drive Bridge

City Manager Esplin explained the change order will allow the contractor to widen the bridge in connection with the current project rather than having to do it in the future. Funds will come through the issuance of excise bonds. This project will have to be done as Dixie Drive will eventually carry as much traffic as Sunset Blvd. It will delay the completion of the current project by about five months.

The amount of money saved by doing it now rather than at a future time was discussed. A conservative estimate is approximately $300,000 - $350,000.

Council Member Gardner made a motion, seconded by Council Member Whatcott, approve change order. All voted aye, motion carried.

Consider approval of a change order for engineering with Parson Brinkerhoff for the Dixie Drive Bridge

City Manager Esplin indicated the change order is not to exceed $445,727, of that amount approximately 8% is the design fee and 10% is the construction management fee. These amounts are within industry standards.

The costs associated with the change order were discussed. The costs include widening the road and modifying the bridge. Design costs are included in the change order. Heritage Subdivision access will be included in this project. The portion of the project involving widening of Dixie Drive from the entrance of Tonaquint Drive back to the bridge will come before the council for approval at a later date.

Council Member Orton made a motion to approve the change order indicating it includes design fees for bridge, Heritage Lane and frontage on City property.


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Aaron Baker provided a cost break down. The design for the bridge widening is $154,451 representing 11.6% of the total cost, the Tonaquint Park frontage design is $49,392, construction management to widen bridge is $151,451 representing 11.4% of total cost, and construction management cost for Heritage Lane modification will be $39,998. Staff plans to negotiate a reduction in the Heritage Lane modification cost. There is added construction management cost related to the 50 day construction extension in the amount of $44,871.

Council Member Orton made a motion seconded by Council Member Gardner to approve the engineering change order not to exceed $445,727. All voted aye, motion carried.

Consider approval of a Letter of Agreement with RH & Associates to conduct partnering workshops to facilitate agreement on the St. George Blvd. project

City Manager Esplin advised RH & Associates will facilitate a meeting to formulate a recommendation for the St. George Blvd. project. The cost will be for $11,000, staff will apply for funding from the State to cover at least a portion of the cost.

The council discussed who will participate in the workshop.

Council Member Whatcott made a motion to approve the Letter of Agreement, seconded by Council Member Allen. All voted aye, motion carried.

Consider approval of an interlocal cooperation agreement for joint cooperative action for police services for explosive devices.

City Manager Esplin indicated this agreement covers what is currently going on with respect to the bomb squad. The police department provides services to other communities at their request. This will cover the City from a liability stand point and will allow the City to fund some equipment purchases for the bomb squad. He indicated the City Attorney has reviewed and approved the document.

Other reciprocal agreements in place were discussed. There are some that need to be implemented.

Council Member Orton made a motion, seconded by Council Member Whatcott to approve the interlocal cooperation agreement for joint cooperative action for police services for explosive devices. All voted aye, motion carried.

Consider approval of an agreement with the Washington County Water Conservancy District (WCWCD) to construct portions of the Red Hills Parkway safety improvement project.

City Manger Esplin explained the agreement isn?t complete. The contract has been awarded to install the pipeline in the Middleton area. Coordinating the road work with the regional pipeline construction will save money.

Council Member Gardner made a motion, seconded by Council Member Orton to approve the agreement with the WCWCD to construct portions of the Red Hills Parkway safety improvement project subject to final approval by the City Attorney, All voted aye, motion carried.

Consider approval to purchase a 156 acre foot irrigation water right from Burton Burgess




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August 7, 2003
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City Manager Esplin indicated the cost is $550 per acre foot. He explained the City tries to purchase water when it is available. This is an underground right, well water for irrigation purpose.

Council Member Gardner made a motion, seconded by Council Member Whatcott to approve the purchase of 156 acre foot of irrigation water fright from Burton Burgess. All voted aye, motion carried.

Consider approval of an airport commercial operating agreement with Premier Flight, Inc.

Airport Manager Dave Ulane explained the Airport Advisory Board recommends approval of this agreement. The activities will operate out of the MillionAire Hanger.

Council Member Whatcott made a motion, seconded by Council Member Gardner to approve the commercial operating agreement with Premier Flight Inc. subject to review by the City Attorney. All voted aye, motion carried.

APPROVAL OF MINUTES
Consider approval of the minutes of the regular City Council meeting held July 10, 2003

Council Member Gardner made a motion, seconded by Council Member Whatcott to approve the minutes of the regular City Council meeting held July 10, 2003 as presented. All voted aye, motion carried
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Consider approval of the minutes of the regular City Council meeting held July 17, 2003

Council Member Whatcott made a motion, seconded by Council Member Allen to approve the minutes of the regular City Council meeting held July 10, 2003 as presented. All voted aye, motion carried.

Executive Session
Council Member Orton made a motion to go into executive session to discuss a personnel issue. Motion was seconded by Council Member Whatcott. All voted aye, motion carried.

Reconvene
Council Member Allen made a motion to adjourn from executive session and reconvene the regular meeting, seconded by Council Member Whatcott. All voted aye, motion carried.

Executive Session
Council Member Allen made a motion to go into executive session to discuss a litigation issue. Motion was seconded by Council Member Gardner. All voted aye, motion carried.

Reconvene
Council Member Gardner made a motion to adjourn from executive session and reconvene the regular meeting, seconded by Council Member Gardner. All voted aye, motion carried.

NEW BUSINESS
Lighting on Snow Canyon Parkway
Council Member Gardner indicated Steve Austin a resident in Entrada has spoken with him regarding the lights on Snow Canyon Parkway. Mr. Austin wants to present to the council reasons to install fewer lights. He feels side lights give enough light to meet
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August 7, 2003
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safety concerns. Mr. Austin indicates the residents of Entrada think there are too many lights on the parkway.

The council discussed the issue which has been before the council before. There needs to be enough light on the ground to meet candle watt requirements at intersections on the street. Snow Canyon Parkway will be a top collector road in the City and the lighting has to meet safety requirements. Safety requirements for a collector road are different than the requirements for a subdivision road. In previous discussions a compromise was made with respect to the distance between the lights so that there are fewer on the parkway.

Conservation Zones with respect to Dixie State College (DSC)
Council Member Orton indicated he would like the council to meet with DSC regarding the conservation zones within the City. This meeting would discuss how DSC will fit into the City as DSC expands.

City Manager Esplin indicated DSC and the Washington County School District should be consulted with on a quarterly basis to discuss growth issues.

City Manager Esplin was excused.

Settlement with Steve Wade
Council Member Orton indicated Mr. Wade wants to know how much he needs to pay the City to settle the issue of the installation of power and drainage lines to his property.

Council Member Orton made a motion, seconded by Council Member Gardner to settle with Mr. Wade paying $100,000 to cover the costs of the power lines and drainage facilities. All voted aye, motion carried.

Adjournment
Council Member Allen made a motion to adjourn the meeting, seconded by Council member Gardner. All voted aye, motion carried.

Minutes recorded by:


Ren? Fleming Deputy City Recorder Date