City Council Minutes

Thursday, September 18,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 18, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Sharon Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Shawn Guzman, and the invocation was offered by Council Member Allen. Mayor McArthur invited anyone interested in leading the pledge of allegiance or offering the invocation at future meetings to please contact him. Mayor McArthur congratulated the Lions Club on a great Round-Up event.

HUNTSMAN WORLD SENIOR GAMES PRESENTATION:
Mona Given, representing the 17th Annual Huntsman World Senior Games, advised that last year?s Games had 6,547 participants, and it is expected that there will be at least 7,000 this year. There will be 22 sports at 98 venue sites. The Games infused over $31 million into the County?s economy last year during the two week event.

MODERN DAY PIONEER AWARD:
Streets Superintendent Randy Halverson explained that a year ago Mr. Alvin Hallett began cleaning the stretch of road and adjacent area from the new hospital over Foremaster Ridge to Mall Drive.

Mayor McArthur presented a Modern Day Pioneer Award to Mr. Hallett for helping to keep the community beautiful. He congratulated Mr. Hallett, commended him on his efforts, and encouraged others to take their community seriously and help make it a beautiful place.

TABLE ITEM:
City Manager Gary Esplin advised that at the applicant?s request, Item 6F, to consider approval of a conditional use permit for a bed and breakfast inn at a landmark site at 391 South Main, would be tabled from the agenda.

AWARD OF BID:
Consider award of bid for relocation of power poles for the Highland Drive road project.

Purchasing Agent Sue Swensen presented two bids received:

Evergreen Caissons $98,200
Becko Inc. $68,700

She recommended award of the bid to the low bidder, Becko Inc. in the amount of $68,700. She explained that Becko assured her everything was included in the bid.

City Manager Gary Esplin explained that this bid is for widening of the road and moving existing poles from the right-of-way as part of the Highland Drive project.

A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to the low bidder, Becko Inc. in the amount of $68,700. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for leased golf carts.

Purchasing Agent Sue Swensen presented the bids received:

Intermountain Golf - Club Car Carts
Electric carts, gross amount $396,798.85
Gas carts, gross amount $ 89,971.05
Gross Total: $486,769.90
Trade-in allowance
Net Amount: $408,769.90
Residual: $750.00/cart


St. George City Council Minutes
September 18, 2003
Page Two

Highland Equipment - Yamaha Carts
Electric carts, gross amount $409,014.90
Gas carts, gross amount $ 89,183.70
Gross Total: $498,198.60
Trade-in allowance
Net Amount: $425,198.60
Residual: $650.00/cart

She recommended award of the bid to the low bidder, Intermountain Golf, in the amount of $408,769.90.

City Manager Gary Esplin explained that the City will be paying the bid amount over five years, with a reduced payment the first year because of the trade-in allowance.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Intermountain Golf, in the amount of $408,769.90. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a used backhoe for the Sunbrook Golf Course.

Purchasing Agent Sue Swensen presented the bids received:

Crossroads Equipment No bid
Scott Machinery - Case $13,698.00
Scott Machinery - Cat $30,949.00
Kyle Talbot - Case $14,000.00

She recommended award of the bid to Scott Machinery for a Cat backhoe in the amount of $30,949. She explained that after inspection by City mechanics, it was found that the two Case backhoes exceeded the amount of hours per the spec and would therefore not last as long as the Cat backhoe.

City Manager Gary Esplin explained that the City cannot afford a new backhoe, and having a mechanic on site will keep the backhoe running and the City should get its money?s worth.

Ms. Swensen advised it is hoped the backhoe will last ten years.

A motion was made by Council Member Orton and seconded by Council Member Allen to award the bid to Scott Machinery for a Cat backhoe, in the amount of $30,949. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE:
Consider approval of an ordinance revoking the Pending Ordinance Doctrine for the area on the east side of Foremaster Ridge from 180 South Mall Drive intersection south of the Virgin River, including land on the south face of Foremaster Ridge.

City Manager Gary Esplin explained that it is staff?s recommendation to revoke the pending ordinance doctrine designation for this area because it has been determined the apartment project had vested rights in the zoning.

Mayor McArthur inquired about the remaining property.

City Manager Gary Esplin replied that the remaining property currently zoned R-3 south of Riverside Drive could be separated out, discussed in another meeting, and the process could begin again. He suggested the matter be discussed at the next City Council work meeting.

Council Member Whatcott recommended that this item be tabled until next week, when the current pending ordinance doctrine could be revoked and a new one invoked.

It was the consensus of the City Council that no action be taken.

RESOLUTION:
Consider approval of a resolution abandoning the utility and drainage easement lying between Lots 78 and 79 of the St. James Place Subdivision, Phase 4.

City Manager Gary Esplin explained that this was a routine housekeeping item, and staff recommends approval.



St. George City Council Minutes
September 18, 2003
Page Three

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

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

The vote was unanimous and the motion carried.

MOTION TO TABLE ORDINANCE ITEM:
City Attorney Shawn Guzman suggested that a formal motion to table the ordinance revoking the pending ordinance doctrine be made.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to table action on the ordinance revoking the pending ordinance doctrine for the area on the east side of Foremaster Ridge from 180 South Mall Drive intersection south of the Virgin River, including land on the south face of Foremaster Ridge. Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution of the City Council of the City of St. George, Utah, Washington County, Utah (the ?Issuer?) supplementing and amending the resolution adopted by the Issuer on December 19, 1996, finalizing the terms and conditions of the issuance and sale by the Issuer of its Excise Tax Road Revenue Bonds, Series 2003 in the aggregate principal amount not to exceed $5,500,000; awarding the confirming the sale of said Series 2003 Bonds; authorizing the execution by the Issuer of documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this Resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters.

Jason Burningham of Lewis Young Burningham distributed a proposed debt service schedule and explained that the market was favorable and the City was able to secure a favorable interest rate. He then reviewed the hand-out.

Mayor McArthur explained that the City will use the bond proceeds for expansion of the Dixie Drive bridge and continuation of Riverside Drive from River Road to the dinosaur tracks.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the resolution confirming and awarding the sale of the Series 2003 bonds as recommended. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution calling for a public hearing with respect to authorizing the City of St. George, Utah (the ?City?) to pledge certain sales tax revenues of the City to secure up to $1,600,000 aggregate principal amount of Lease Revenue Refunding Bonds, Series 2003, to be issued by the Washington County/St. George Interlocal Agency, Washington County, Utah (the ?WCIA?) for the purpose of refinancing the acquisition, construction and equipping of a natural museum and related costs; calling a public hearing and establishing a time, place and location for said public hearing; providing for publication of a notice of public hearing; providing for a pledge of sales and use tax revenues to secure payment of said bonds; and related matter.

City Manager Gary Esplin explained that this resolution was necessary in order to set a public hearing for refinancing of the outstanding WCIA Bonds for the museum. He explained that the City did not issue the bonds to finance the museum; they were issued by an individual. Because of current circumstances, the museum board would like to reduce the debt service through infusion of donations, other monies, and through the existing bond reserve fund and issuance of new bonds. This bond will lower the debt service and build additional security in the event the City has to step in and take over the museum. The proposed resolution sets the necessary public hearing which will be held by the County to consider the concept of pledging funds to allow the refinancing to occur.

St. George City Council Minutes
September 18, 2003
Page Four

A motion was made by Council Member Allen to approve the resolution setting the public hearing for October 9, 2003.

Jason Burningham advised that the WCIA adopted a parameters resolution calling for the public hearing. It is anticipated the bonds will be sold the week of October 20.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting the Revised Minimum Standards for Commercial Aeronautical Activities at the municipal airport.

City Manager Gary Esplin explained that the Revised Minimum Standards have been recommended for approval by the Airport Advisory Board.

Dave Ulane, Airport Manager, explained that at the Board?s last meeting it recommended approval, wanting to more clearly define the application and approval process, expand the degree of information required in the application, explain the specific reason for denial of an application, and outline standards for operation in all leases. After public input, the Airport Board recommended easing square footage requirements for air charter businesses, expanded regulations for commercial fuel providers, and updating terminology and definitions. He explained that the Revised Minimum Standards are more than rules which apply to the airport, they are an important mechanism to make sure customers get service from qualified, quality providers.

City Manager Gary Esplin advised that the Revised Minimum Standards were submitted to the FAA who recommend approval.

Mr. Ulane advised that the Revised Minimum Standards will have no bearing on written leases as of this date, but any new leases or renewals of current leases would have to meet the new standards.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a Commercial Operating Agreement with Professional Flight Instruction, Inc.

Airport Manager Dave Ulane explained that the Airport Board recommended approval of the agreement with Professional Flight Instruction, Inc. for flight training and aircraft rental. The new Revised Minimum Standards will be met.

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

APPOINTMENT:
Mayor McArthur recommended the appointment of Hal Eward to the Airport Board to replace Lynn Ginnochio.

A motion was made by Council Member Gardner and seconded by Council Member Orton to appoint Hal Eward to the Airport Board. Mayor McArthur called for a vote, and all voted aye. The motion carried.




St. George City Council Minutes
September 18, 2003
Page Five

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for an automobile tent sale at the Red Cliffs Mall. Menlove Mitsubishi Subaru, applicant.

City Manager Gary Esplin explained that the applicant is a local dealer, and no problems have been experienced with this type of activity in the past. Staff recommends approval.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the special event permit as requested. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADDENDUM TO AGREEMENT:
Consider approval of an addendum to the South Central Communications agreement dated October 30, 1998.

City Manager Gary Esplin explained that the existing lease can be expanded five years. Staff recommends approval.

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

APPEAL IMPACT FEE:
Consider an appeal of an impact fee. Mike and Janet Quient, applicants.

Mike and Janet Quient, applicants, explained that they purchased an old home in the historic district and would like to make a taco stand of the patio area which is very small and can seat only about 20 people. They had no idea that an impact fee would be required.

Mayor McArthur suggested that the impact fee could be made in payments over time. He inquired of the applicants if they were ever advised an impact fee would be required.

The applicants replied that they were never told about the impact fee.

City Manager Gary Esplin explained that the applicants were not charged impact fees for water, sewer or electric because of the existing service, but were charged the minimum impact fees for parks and recreation, etc., for which all commercial businesses are charged. It would be difficult to waive the fee, but the City could work with the applicants to accept payments over a period of time. He inquired of Community Development Director Bob Nicholson if the applicants would qualify for storefront renovation assistance since they were located within the historic district.

Mr. Nicholson replied that the applicants were only making changes to the interior and not the facade, and would therefore not qualify for storefront renovation assistance. Additionally, since the use is commercial, no impact fees for parks or recreation were charged - only for streets.

A motion was made by Council Member Orton to deny the applicants? request for a waiver of the impact fees, but to spread out the amount over 12 equal monthly payments. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE:
Public hearing to consider a zone change from R-3 Multi-Family Residential to AP Administration and Professional Office on 0.14 acre located at 694 South Main Street. Greg Stevens, applicant.

Community Development Director Bob Nicholson explained that the property consists of 6,200 sq. ft. at the corner of Main Street and 700 South. The applicant originally requested C-2 zoning for a professional office, but the Planning Commission felt an AP zone would be better while still allowing professional office use. The Planning Commission recommended approval. He stated that the garage may have to be removed to make a reasonable entrance and exit. Initially the applicant will renovate the existing building, but down the road will remove it and rebuild.

Greg Stevens, applicant, advised that the home is his mother?s, and he would like to locate an accounting office there. For the short term, he will bring the building up to standards. The garage will not have to be removed as it meets all requirements. It will be converted into storage space.



St. George City Council Minutes
September 18, 2003
Page Six

Mr. Nicholson explained that while he was not prepared the address the issue of the garage, 10-12' of driveway on the north is needed, depending on the parking plan.

Mr. Stevens advised that there is 12'8" between the garage and the house, and only 12' is required.

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 the zone change by ordinance. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 9, 2003, recommended that public hearings be scheduled for October 16, 2003 at 5:00 p.m. to consider:

(1) A zone change from A-1 to R-1-12 on 9.965 acres located at 1450 South and 2580 East. Skyler Lawrence and Mervyn Cox are the applicants.

(2) A zone change from A-1 to R-1-12 on 12.527 acres located at 1450 South and 2750 East. Mervyn Cox and Rand Torgerson, applicants.

(3) An amendment to the Zoning Ordinance to add a new chapter 7F Residential Central City Zone. City of St. George, applicant.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to schedule the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 9, 2003, recommended approval of the final plat for Ironwood Subdivision Phase 8.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 9, 2003, recommended approval of a hillside development permit for Augustus Point Subdivision located at 1500 W. Snow Canyon Parkway. Brett/Ed Burgess, applicants. The Planning Commission and Hillside Review Board both recommend approval with the requirement that the preliminary and final plats note distinctively no disturbance in the 40% slope area. The road will tie in to the Castle Rock Subdivision, and details of the trail will be worked out with the preliminary plat.

A motion to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board was made by Council Member Orton and seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 9, 2003, recommended approval of a hillside development permit for the 100 South Street extension ?loop? road for the proposed River Road Commercial Center located at 100 South and River Road. Ed Burgess and Kevin Ence are the applicants. The Planning Commission and Hillside Review Board both recommended approval with the exception that the access points be worked out with City staff.

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

St. George City Council Minutes
September 18, 2003
Page Seven

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 9, 2003, recommended approval of a hillside development permit for the Rebel Creek Ridge student housing project located in a multiple family zone with nine buildings, twelve units per building, with a total of 648 students (single bedrooms). The Planning Commission and Hillside Review Board both recommended approval subject to relocation of Building 3 to the southwest corner of the development to preserve the aesthetics of the hillside. He explained that the applicants are proposing six single occupancy bedrooms in each unit. The Planning Commission feels the request meets the intent of the ordinance and supports an ordinance change to allow options in housing to accommodate future projects.

Council Member Whatcott inquired if a traffic study had been done.

Mr. Bradley replied that a traffic study had been done which addressed entrances and deceleration lanes. There is still concern about the impact of students driving over Foremaster Ridge to reach the College. The applicant has provided all construction drawings but they have to be approved by the Joint Utility Committee. The applicant hopes to be in operation by next fall.

Zane Morris, representing Tritan Investments, applicant, advised that they have projects in Idaho and Utah which have been very successful as students appreciate their own bedrooms. The project will contain a 10,000 sq. ft. clubhouse, a large pool and waterfall, and will be a place for the students to live, not just sleep.

Council Member Orton inquired what would happen if the project did not fill to capacity.

Mr. Morris replied that he has never experienced that.

Council Member Gardner inquired if non-students would be allowed to rent a unit.

Mr. Morris replied that the project would take only college students. It is anticipated the project will remain 50% full in the summer, and there is no anticipation of renting to non-students.

Council Member Gardner inquired if evidence would have to be presented that the renter was enrolled in college, or if an assumption would be made.

Mr. Morris replied that an assumption would be made the renter was enrolled in college.

Council Member Whatcott commented that while he was not opposed to the project or its quality, he was concerned about the impact on roads, Foremaster Drive, and the area in general.

City Attorney Shawn Guzman commented that the City Council could challenge the sufficiency of the traffic study.

Mr. Morris commented that the traffic study was complete, and analyzed not only the road over Foremaster Ridge, but Mall Drive and Riverside Drive. It also took into consideration the new apartments across the street. Both the City Traffic Engineer and the hired traffic engineer feel there is more than sufficient infrastructure and did not change the category of intersections.

Council Member Gardner inquired if the units would be built all at once or in phases.

Mr. Morris replied that the project will take 14 months to complete, and should be totally complete in 2005.

City Manager Gary Esplin advised that the project is a permitted use in the R-3 zone, and tonight?s action is merely for a hillside development permit. City staff is not prepared to discuss the traffic issue.

Community Development Bob Nicholson advised that the City Council will not have another chance to see this project, as it is a permitted use in the zone. The speed limit over Foremaster Drive could be reduced to make it less desirable to students and encourage them to go around the bottom of the hill. He commented that all development on the east side of the City will impact Foremaster Drive, not just this project.

Council Member Allen inquired if a traffic light would be needed at the intersection of Riverside Drive and Foremaster Drive.

City Manager Gary Esplin replied that a traffic light was not anticipated at this intersection, but perhaps at the Mall Drive intersection.

St. George City Council Minutes
September 18, 2003
Page Eight

Council Member Gardner commented that 70% of students at Dixie College live at home, and he inquired of the applicant if he was confident a project of this size would be successful.

City Manager Gary Esplin commented that while not required, the City Council could ask to see the final plan and review the traffic study at a future work meeting.

Council Member Gardner inquired if the ravines would be filled in and flattened out or left open for drainage.

Ray Alton, engineer, advised that the ravines will be left unchanged except at the crossing.

Council Member Allen inquired about landscaping.

The applicant replied that rock on the site will be used, and the landscaping will be similar to that seen across the street or at the medical center.

A motion to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board was made by Council Member Gardner and seconded by Council Member Orton.

Council Member Allen commented she would like to have a discussion with staff on the traffic study.

Mayor McArthur called for a vote, as follows:

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

The motion carried.

Brent Hilton, architect, advised that the facility will have stone bases, stone entry columns, tile roofs, and will be a showpiece.

Council Member Allen commented that the City Council?s concern was over the location of the project and traffic.

Mr. Morris replied that he would be more than happy to work with the City. There are still five to six weeks of engineering left to do, and the City has had the traffic study for four weeks.

Mayor McArthur suggested a work meeting be scheduled to review the traffic study.

City Manager Gary Esplin replied that staff will bring the report to the work meeting on Thursday for discussion.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a four to five bedroom addition to the Quicksand and Cactus Bed and Breakfast at 346 North Main. Carla Fox, applicant.

Associate Planner Mark Bradley explained that the subject property is located within an R-2 zone in a landmark site. The Planning Commission recommended approval, and the Historic Preservation Commission recommends as follows:

1. Siding cannot be vinyl or aluminum.
2. Existing roofing is asphalt shingle and new roofing should be as0phalt shingle.
3. New and existing window frames are white and well-proportioned.
4. Building massing and pitches seem to be in scale with the existing facility.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a Bed and Breakfast Inn at a Landmark Site (home) at 391 South Main. Tom Bachman, applicant.

This item was tabled.


St. George City Council Minutes
September 18, 2003
Page Nine

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an existing preschool to
allow the use to be conducted part time in an accessory building next to the home at 175 West 400 South. Adriane Frehner, applicant.

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 9, 2003, recommended approval. The applicant would like to build an accessory building for the arts and crafts portion of her preschool curriculum. Hours of operation and the number of students will remain the same.

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

Council Member Whatcott inquired if approval of this item would set a precedent by allowing accessory buildingsto be used as part of a home occupation.

Associate Planner Mark Bradley replied that historically home occupations have been required to be a part of the home itself.

Community Development Director Bob Nicholson explained that this request is for a conditional use permit, and could be denied or approved based on the circumstances.

WATER LEASE:
Consider approval of a lease of water in the Tolman well area.

Council Member Gardner excused himself from the stand citing a conflict of interest.

Water Services Director Barry Barnum explained that Council Member Gardner?s company has two water rights remaining in the Tolman well area, each 30 acre feet of water. This water has been offered to the City at a lease rate of $100 a month. The City will not have to install any additional infrastructure to get the water into the system other than what it is putting in for the Tolman wells. Lessor is requesting that the City file the proof with the State when it gets the water into its system. The term of lease can be designated by the City Council, but the lessor is requesting a lease term of two years. After the initial term, the lease would then be renewable for one year terms until terminated by one of the parties.

A motion was made by Council Member Whatcott to approve the lease.

Mr. Barnum explained that how quickly the lease is terminated will depend on when reuse water is available.

The motion was seconded by Council Member Orton.

City Attorney Shawn Guzman requested that the lease term be defined.

Mr. Barnum recommended a two year lease term, automatically renewable for one year terms, as requested by the lessor.

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

REMOVAL OF WATER CONSERVATION RESTRICTIONS:
Consider removal of water conservation restrictions.

Conservation Coordinator Ren? Fleming requested that the City Council rescind the watering restrictions and remove itself from Stage One of the Water Conservation Plan. She explained that water use has dropped because of the cooler temperatures, and many landscapers have been waiting to install sod.

Council Member Gardner returned to the stand.

Ms. Fleming explained that water usage is between 26,000,000-28,000,000 gallons a day which is considerably lower than the City?s capacity.

Council Member Orton inquired how the water table level had been affected by the drought.

Ms. Fleming replied that the water table level has remained stable. She requested that citizens continue to conserve water and be wise with its use.

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

St. George City Council Minutes
September 18, 2003
Page Ten

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held August 21, 2003.

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

Consider approval of the minutes of the City Council work meeting held August 28, 2003.

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, and all voted aye. The motion carried.

COMMENTS FROM MEMBERS OF AUDIENCE:
Donald Rawlings requested an address sign be installed at the corner of 3400 East in St. George and 240 West in Washington to assist emergency crews in locating addresses in the area.

He advised that four of his horses died July 24 after drinking water from an irrigation ditch which contained oleander leaves. He stated he wanted residents of the City to be aware of how toxic the oleander leaves are, and inquired who was responsible for the irrigation ditch. He suggested that oleanders be restricted from new subdivisions in agricultural areas.

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

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

The vote was unanimous and the motion carried.

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

MISCELLANEOUS:
A discussion was held about the building inspection and plan approval process. A meeting will be scheduled with staff to review the process.

City Manager Gary Esplin advised that a tour of the new hospital has been scheduled for October 9 at 4:00 p.m. Council Members are to meet on site.

City Manager Gary Esplin advised that Kay Traveller would like to build a home show home on two lots in the Stonecliff area, thereby eliminating an easement between the two. He does not have time to complete the easement abandonment process, and would like to proceed at his own risk until the matter comes before the City Council.


City Manager Gary Esplin suggested a field trip be taken to Wailea Falls at Stonebridge in order to see if the landscaping meets expectations before the developers proceed with the next phase.

The meeting then adjourned.



___________________________________
Gay Cragun, City Recorder