City Council Minutes

Thursday, November 20,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 20, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Allen and the invocation was offered by Council Member Isom.

Council Member Gardner arrived.

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

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

AWARD OF BID:
Consider award of bid for two PRV stations and one chlorine station.

Purchasing Agent Sue Swensen recommended purchase from the sole source supplier, Engineered Fluid, in the amount of $199,436.

A motion was made by Council Member Isom and seconded by Council Member Allen to award the bid to Engineered Fluid in the amount of $199,436. Mayor McArthur called for a vote, and all voted aye.

The PRV stations and chlorine station are for the north utilities project.

AWARD OF BID:
Consider award of bid for the Quail Creek Water Treatment Plant expansion.

Purchasing Agent Sue Swensen presented three bids received:

Alder Construction Bid $23,523,584
Alternate A $ 352,884

Bodell Construction Bid $26,883,865
Alternate A $ 571,864

Ellsworth Paulsen Const. Bid $24,590,000
Alternate A $ 232,000

She recommended award of the bid to the low bidder, Alder Construction, including Alternate A.

Water Services Director Barry Barnum explained that Alternate A is for the pretreatment portion of the plant to handle algae which is anticipated in the lake water.

A motion was made by Council Member Whatcott and seconded by Council Member Isom to award the bid to the low bidder, Alder Construction, including Alternate A. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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November 20, 2003
Page Two

AWARD OF BID:
Consider award of bid for removal of boulders from the dam on Turtle Trail Road.

City Manager Gary Esplin explained that action was needed to ratify an emergency expenditure of $55,000 to Bryce Christensen to remove boulders and rip rap from the debris basin dam on Red Hill Parkway and haul it to the Dixie Center site for future erosion protection during the expansion.

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

AWARD OF BID:
Consider award of bid for an airport rescue and firefighting vehicle.

Purchasing Agent Sue Swensen presented two bids received:

Emergency One, Inc. Bid $627,701
Add?l Maint. Training $ 1,850

Oshkosh Truck Corp. Bid $564,689
Add?l Maint. Training $ 2,791

She recommended award of the bid to the low bidder, Oshkosh Truck Corp. in the amount of $567,480.

Airport Manager Dave Ulane clarified that $567,480 included the additional amount for training.

Council Member Gardner inquired if the vehicle would be available for other fires, if needed, throughout the City.

Mr. Ulane replied that the FAA requires a response time of three minutes to an accident scene, and the vehicle must be available at the airport 15 minutes before a landing until 15 minutes after a departure. Outside of this, the vehicle would be available. The FAA is funding 91% of the cost of the truck.

A motion was made by Council Member Gardner and seconded by Council Member Rod to award the bid to the low bidder, Oshkosh Truck Corp., in the amount of $564,689, plus an additional $2,791 for training.

Mr. Ulane advised that delivery is expected in one year. The vehicle will be custom built to City specs.

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

Mr. Ulane announced that an open house would be held at the airport November 21 and 22 from 8:00 a.m. to 5:00 p.m.

RESOLUTION:
Consider approval of a resolution approving the OK Foundation Interlocal Agreement.

City Manager Gary Esplin explained that last year the City approved an interlocal agreement with Salt Lake County to facilitate OK Foundation?s proposal to purchase the Meadows Retirement Center and use operating profits to offset some of the costs of the foundation. Several changes to the interlocal agreement were made by Salt Lake County, including increasing the amount to $36,000,000 to cover costs incurred, a clarification that excess funds have to be used in the jurisdiction in which they were generated, and an indemnification clause. Staff has reviewed the changes and recommends approval.




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

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

The vote was unanimous and the motion carried.

Kent Norton, applicant, advised that considerable improvements are being made at The Meadows, and U. S. Bank and Wells Fargo are competing for their business for a blanket credit enhancement.

RESOLUTION:
Consider approval of a resolution abandoning a utility easement between Lots 31 and 32 in the Millcreek Industrial Park.

City Manager Gary Esplin advised that staff recommends approval.

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 Isom - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

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

Mayor McArthur invited a Scout to introduce himself.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 18, 2003, recommended that public hearings be scheduled for December 18, 2003 at 5:00 p.m to consider the following items:

A. An amendment to the General Plan Land Use Map from medium density residential to commercial for land located at the southwest corner of 1800 North and Dixie Downs Road intersection. Lorin Nielsen, agent for E&F Investments.

B. A zone change from RE-37.5 to C-3 with a development agreement for the use of storage units only on 1.344 acres located at the southwest corner of 1800 North Dixie Downs Road intersection. Lorin Nielsen, agent for E&F Investments.

C. A zone change from A-20 to RE-12.5 on 7.28 acres located at 2800 South 2350 East. Rose Bringhurst and Ed Burgess, applicants.

D. A zone change from R-1-10 to C-2 on 2.51 acres located at the south end of 250 West and Black Ridge Drive intersection. Steve and Leslie Layton, applicants.

E. An amendment to the Zoning Ordinance, Chapter 10 Commercial Uses, regarding setbacks for commercial buildings abutting residential zones. City of St. George, applicant.



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F. An amending to the Zoning Ordinance, Chapter 12, Open Space, Section 6, Modifying Regulations regarding distance of livestock to residential zones. City of St. George, applicant.

A motion was made by Council Member Orton and seconded by Council Member Allen 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 PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 18, 2003, recommended approval of the following final plats:

A. Woodbridge Townhomes Phase 2 with eight dwelling units located at 1301 W. Indian Hills Dr. Kent Frei, applicant.

B. Sun River St. George Phase 10 with 68 dwelling units located at Country Club Drive and Havasu Drive. Darcy Stewart, applicant.

C. Tonaquint Office Campus Phase 1 with 3 buildings located at 1600 South Dixie Drive. Gail Maxwell, applicant.

D. The Pointe at Sunbrook Phase 1 with 17 single family lots located at Lost Creek Drive and Emeraude Drive. Scott McCall, agent.

E. The Cliffs of Snow Canyon, Plat D, with 17 single family lots located at the north end of Snow Canyon Parkway. Randy Deschamps, applicant.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 18, 2003, recommended approval of the preliminary plat for Las Lomas Subdivision with 15 single family lots located at approximately 2100 East 2450 South, subject to the applicant complying with the proper procedures to amend the City?s Road Master Plan. Lester West is the applicant.

Council Member Whatcott declared a conflict of interest, but advised that he would vote.

Mr. Bradley explained that the City?s Road Master Plan requires an east-west 50 foot right-of-way street. The north-south road is approximately 1,282 feet long. City Specifications for Design and Construction require intervening connector streets not to exceed 800 feet in length unless previous approval has been obtained from the City Engineer. A change to the Road Master Plan would require an amendment to delete the road from the plan through a public hearing process. An alternative plan shows how the Road Master Plan may be achieved with the same number of lots. He explained that the east-west street is critical in providing access from the Foothills development to property east of this proposed subdivision. With the elimination of this portion of roadway, it will become more difficult to require the portion west of this proposed development through Bundy?s property north of the LDS church.

City Manager Gary Esplin inquired if it were the responsibility of the current applicant to provide access for the next development.

Council Member Whatcott commented that difficulties have been experienced dealing with individuals in the area who will not allow certain things to happen, and a mistake was made on the development to the east when a connection to the east was not made.



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City Manager Gary Esplin commented that the City Council must decide if the proposed change is significant enough to warrant a formal hearing process.

Council Member Gardner commented that the road could be installed if adjustments were made to the lot widths.

An unidentified man from the audience commented that property was already lost due to the road at the top corner of the property, and in consideration of that loss, the road in the middle could be eliminated.

A motion was made by Council Member Gardner and seconded by Council Member Allen that the change to the Road Master Plan was not significant enough to require a public hearing, and that the road be deleted.

Council Member Allen inquired if the applicant would be amenable to providing a walkway for access.

The applicant replied that he would.

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

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the preliminary plat with the addition of a walkway for connectivity where it would fit properly within the development. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held November 18, 2003, recommended approval of the preliminary plat for The Inn of Entrada with 23 dwelling units located on Sinagua Trail off of Snow Canyon Parkway north of the Entrada Sports Center, subject to (1) a 20' driveway from the Sinagua Trail right-of-way line for Lot 23; (2) as many additional guest parking spaces as can be made available; and (3) staff review of parking space off of cul-de-sacs for safety purposes. Split Rock, Inc. is the applicant.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held November 18, 2003, recommended approval of the preliminary plat for River Hollow with 44 single family lots located at 2580 East 1450 South, with the stipulation that lots fronting the 66' right-of-way will require a 30' setback and circular drives in order to reduce double frontage lots, and subject to finalizing the intersection alignment as showing with a 90 degree connection or as currently dedicated. Mervyn Cox and Rand Torgerson, applicants.

Assistant City Engineer Jay Sandberg clarified that the project will have a 4' planter strip, pushing the 25' setback to 30'. City staff is also asking the applicant to move the road over and meet 1450 South on a 90 degree angle. If the City Council approves this preliminary plat, then the Stone Cove Subdivision will have to align with the existing intersection. If both subdivisions moved 7', the intersection would line up.

Heath Snow, representing the owner of Stone Cove, advised that when Stone Cove?s preliminary plat was approved, it was recommended that their Phase 4 be conditioned upon approved construction drawings and resolution of the matter with River Hollow. He asked that the same stipulations be placed on the preliminary plat for River Hollow. This would force both parties to come to the table and resolve among themselves the alignment issue.



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November 20, 2003
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Skyler Lawrence, representing River Hollow, advised that they had already made a significant concession to turn the road to 90 degrees when by law they were not required to do so.

Heath Snow commented he did not think it unreasonable to ask the developers of River Hollow to move another 15 feet, as Stone Cove has already moved 15 feet at the City?s request.

City Engineer Dave Demas explained that under the original Stonecliff approval, the plan was to curve the road and tie into a four legged intersection. The property, however, ended up being owned by several different property owners.

Jim Raines explained that Mr. Dobson?s initial plan never tied with the road, and his preference is not to tie with the road and to not be involved in the intersection.

Council Member Gardner commented that since one party has already given up 15', it seemed logical that the other side would give up 15', with both parties giving an equal amount.

Jim Raines commented that by moving the road to the proposed location, it will take 60' of Mr. Dobson?s property, not 15'.

City Manager Gary Esplin explained that the master road plan was approved by Mr. Dobson and his development group, with the proposed road where aligned. Based on this, the road across the street is required to match up.

Mayor McArthur commented that the intersection had to line up; it could not be offset.

Council Member Gardner made a motion to approve the proposed preliminary plat with the realization that the development across the street would have to make an adjustment to meet the intersection requirements. The motion was seconded by Council Member Orton.

Council Member Gardner clarified his motion to approve the preliminary plat for River Hollow as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING:
Public hearing to consider installation of raised medians on St. George Blvd.

Marc Mortensen, Assistant to the City Manager, introduced Tamara Maxwell, Project Manager from UDOT. He then presented a power point presentation on input needed for location of the raised medians, types of median and landscaping, location of u-turns, advantages and disadvantages of raised medians, access management, safety research, and recommended median locations by the Visioning Committee. Mr. Mortensen explained that when a larger tree is required, a higher barrier is required for safety.

City Manager Gary Esplin commented that the type of tree would need to be chosen before a decision could be made on the type of curb. 245 trees will be needed. UDOT has $8,600,000 to spend on improvement of the Blvd., and any additional expense is the City?s.

Mayor McArthur opened the public hearing.

Lorri Kocinski Puchlik, representing the St. George Area Chamber of Commerce, commented that a positive aspect of the project is that UDOT is investing $8,600,000 in the community to improve traffic flow, safety, remove the deep gutters, replace curb and gutter, and create handicap access. The construction phase will have the most significant impact on businesses, and she asked the City Council to do all it could to minimize impact on the businesses, including night construction, extra communication with businesses, assist with cross access easements, and to consider off premise signage to help direct customers. She

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November 20, 2003
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asked the City Council to consider investing resources beyond the scope of UDOT to beautify St. George Blvd., giving special consideration to the historic district.

Hal Hiatt advised that he owned two businesses on St. George Blvd., and commented that medians on the Blvd. would not be fair to the businesses.

Jim Coleman expressed concern that the roots of larger trees in the medians would cause upheaval. He also expressed concern with emergency access. He commented that the highway project should be good overall for the community, and landscaping must be carefully considered.

City Manager Gary Esplin advised that emergency vehicle access has been discussed with the Fire Chief and Police Chief. The planned route for emergency vehicle access will be 100 South to allow unimpeded access. It is the City?s plan to dispatch emergency vehicles on either side of the hill from several locations rather than just one to help limit the number that will have to travel across town. With regard to trees, this issue has not yet been examined, and UDOT consultants know how to dig a pit for the root ball so that it does not impact the asphalt or pull up the curb.

Robert Bruschke, owner of Steamroller Copy and Design to Print, commented that people are already taking shortcuts through back alleys. Good signage can possibly redirect traffic, but parking and congestion in the area of his business is heavy now. If the proposed plans come to fruition, the City will be beautified, but as far as safety on the Blvd., stricter law enforcement is needed as many people now run red traffic lights. He suggested there might be alternatives for safety other than medians. He stated that he was opposed to medians in front of his business.

Roe Wilkinson, a concerned citizen, commented she felt the City should proceed with what it is doing, and the Visioning Committee has done a fabulous job.

Lex deAzevedo, representing Milne Jewelers, stated that the graph showing mandatory medians was misleading, and the Visioning Committee did not represent the retail businesses on the Blvd. He stated he had a problem with someone telling him what he could do with his business, and while a majority of the businesses are for beautification and safety, they believe this can be accomplished without medians and with the use of synchronized lights, side and back access, and signage. There are 72 businesses on the Blvd. against raised medians anywhere other than where UDOT says they are mandatory for safety.

Michael Berg, owner of Alphagraphics, stated he felt medians were going to increase safety, but expressed concern about the long term effect of the proposed vegetation as trees along the Blvd. already restrict business signage.

Nathan McClary, owner of Larsen?s Frostop, commented that the medians are a bad idea, and in the future they will either have to be removed or he will have to close his business. He expressed concern with the statistics and empirical data presented. He advised that in his case UDOT has determined there will be a median which will block his driveway, and his neighbors do not want to open up access. He stated he felt the cart was being put before the horse, and he urged the City Council to put things in the proper order by reconstructing the Blvd. and install the medians later after all the problems have been solved.

Mr. Youd, representing UDOT, explained that the position of UDOT is that a median is required 150-200' feet back from where a traffic light will possibly be placed at 900 East.

Council Member Gardner inquired of Mr. Youd if there would be the possibility for traffic to turn left into Mr. McClary?s business.

Mr. Youd replied that traffic would have to go to 800 East to turn left, but for the other businesses along this block, there may be the capability of turning left into them.


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Mr. McClary suggested that temporary medians be installed down the middle of the Blvd. to see what it will be like.

City Manager Gary Esplin commented that UDOT?s position is that any changes to the required medians would be at the City?s expense. If the City waited another four to five years to install them, the City would be assuming the total cost. He commented that while he respected the opinions of businesses and neighbors along the Blvd., the safety of the traveling public must also be considered.

Mr. Youd advised he would like to advertise the project next fall, as the approval process is quite lengthy.

Council Member Isom commented she felt signage and alternate access should be explored.

Lorri Kocinski Puchlik commented that UDOT?s $8,600,000 would go a lot farther if medians were not installed, and this would be less money the City would have to invest in curb and gutter.

Council Member Whatcott inquired how hard it would be retrofit medians.

Tamara Maxwell, UDOT project manager, replied that this would be difficult as the roadway would have to be torn up. There are also landscaping and water issues.
A concrete barrier, however, could always be added later.

Marc Mortensen clarified that the UDOT-recommended medians would be concrete medians, similar to those on River Road. Placement of the medians recommended by the Visioning Committee, however, would allow for landscaping.

Council Member Isom commented that the City has and will continue to look for secondary accesses to businesses along the Blvd., and has made a valiant effort in talking to business owners to try and find some middle ground. It will also be up to businesses to open up alleys and provide a flow of traffic through their parking lots to other businesses.

Marc Mortensen commented that the City will pursue secondary accesses and signage.

Lucia Christensen commented that ultimately what is good for St. George is good for the Blvd., and trees and medians will invite people to come and linger, visit and shop. The Blvd. is the face that St. George shows to everyone, and right now it is not very pretty.

Richard Lamb, owner of Joker Joker, expressed concern that businesses on the Blvd. may not be able to be seen if they?re closed in with beautification. He encouraged the City Council to look at the total impact and explore alternatives to gradually make improvements rather than make them all at once and hope they work out. He suggested that perhaps the beautification project would be better served in another area of the City.

Glen Murray, owner of Charlie?s Ice Cream, advised that larger sized pick-ups would not be able to negotiate a u-turn. Most accidents on the Blvd. are rear-enders and medians will not put an end to rear-end collisions. He stated the City was spending thousands to cut down on water usage around the City Office, but is now advocating landscaping medians which will require water which should be saved for homes and businesses. He commented that medians will reduce traffic flow which will reduce businesses.

Mayor McArthur inquired where someone could go to see the type of entrance proposed by UDOT off the Blvd.

Mr. Youd replied that the Jennings building had the type of entrance proposed.

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


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November 20, 2003
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Council Member Orton commented that the City Council did not want to hurt any business, and right now has concerns with and is committed to all of Main Street and the downtown. The City?s goal is to do everything it can to make the downtown the most customer friendly in the community. As he travels to different communities he sees what other cities are doing to make their developments pedestrian friendly, and while this may not be the most convenient, they are beautiful, and that is the City?s vision. The City is not trying to discourage or destroy small businesses, but progress cannot happen without a few wounds. Ultimately, everyone has the same vision, and that is to have the nicest downtown area in the state.

Council Member Gardner commented that he would hate to end up with a pretty street but with boarded-up windows. He stated that 100 South is still troublesome for use by emergency vehicles, and he inquired if UDOT had looked at a trade-off of removing the Blvd. as an emergency access route compared with accidents that would be alleviated.

Mr. Youd replied that the City did the study on accidents, and had the police and emergency services involved in the Visioning Committee. UDOT looks at emergency services as more of a City issue, and it would be more appropriate for emergency services to address this question.

City Manager Gary Esplin explained that staff was given the directive that UDOT will require medians on the Blvd.,and in theory people are supposed to pull over for emergency vehicles. This is why 100 South is being considered, as it wide enough to allow people to pull over. The ultimate answer is that the City does not have much choice as there are only two ways to get under the freeway, and it is imperative to have emergency access on either side of the black ridges to help response time for either end of the City.

Council Member Gardner commented he felt the City should use every effort to avoid a concrete strip down the middle of the Blvd. and should take advantage of the chance to enhance it in every way possible.

Council Member Isom commented she could not support the plan until a second access for every business on the Blvd., or signage, was provided.

Council Member Orton replied that it would not be possible to obtain secondary access for all businesses on the Blvd.

City Manager Gary Esplin commented that there is time to work on the issue, but as far as the City making the final determination, St. George Blvd. is UDOT?s highway and they determined the parameters. The City has an opportunity now to improve and beautify the downtown area forever, and it cannot pass up that opportunity. There may be hardships on individual businesses, but there will also be long term benefits. UDOT is not planning to put another nickel into St. George Blvd. for the next 20 years, and they have $8,600,000 to spend now.

A brief discussion took place about placement of mandatory medians.

City Manager Gary Esplin explained that the core area is from 500 East to 200 West, but the line is arbitrary. This is the area where the City wants to concentrate its efforts to make sure it is adequately landscaped and pedestrian friendly.

Council Member Gardner commented he struggled with how far to go in order to make a full vision. He questioned if there were a median halfway through the block, if this would still leave options for the other half of the block.

Council Member Whatcott inquired of UDOT personnel if the City could approve the concept so that the State could move forward, and the City then have a final decision on placement of the medians and landscaping within 30 days.

Mr. Youd replied that if UDOT could have the locations completely tied down in 30 days, that would be fine. UDOT will not do any more safety studies than those

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already done, but it is obvious that when the number of conflict points are looked at vs. the medians, UDOT will not argue any more over the safety issue. St. George Blvd. will be safer with medians.

Tamara Maxwell, UDOT project engineer, advised that the design team will pursue what the State shows as required, and will give the City 30 days to determine the remaining issues.

A work meeting was scheduled for December 2 at 5:00 p.m. to further discuss this issue. The matter will be on the December 4 City Council agenda for final determination.

PRELIMINARY PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 18, 2003, recommended approval of the preliminary plat for Las Hurdes Townhomes with 13 dwelling units located at Valley View Drive and Shadow Pointe Drive, subject to (1) verification of 480 sq. ft. for two car garages; (2) street trees along Valley View Drive; and (3) building material be similar to Las Hurdes Subdivision (earth tones and tile roof). Greg Mathis is the applicant.

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

PRELIMINARY PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held November 18, 2003, recommended approval of the preliminary plat for Stone Cliff Phase 9 with 17 single family lots located off of 1450 South and approximately 2400 East, subject to the hillside development permit. Gail Maxwell is the applicant.

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

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 18, 2003, recommended approval of a hillside development permit for Stone Cliff Phase 9 located off of 1450 South and approximately 2400 East. Gail Maxwell is the applicant.

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

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 18, 2003, recommended approval of a hillside development permit for Settlers Storage Units located behind Settlers RV Park off of 100 South and River Road with a requirement to plant 2" caliper, 5 gallon box evergreen trees every 40' along the west side of the building with the understanding that the storage units will be of red block approved as part of the PD Commercial zone. Verdin Hannig is the applicant.

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



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HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 18, 2003, recommended approval of a hillside development permit for Lot 5, 3D Commercial Center, located at 120 East 2580 South north of the Flying J subject to: (1) the building to comply with the 25' setback from the toe of the slope; and (2) to allow clearing and cleaning up of some of the hillside on the northwest end of the project. The location is to be staked and reviewed by City staff prior to removing earth. Doug Glendenning is the applicant.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for the Johnson Farm Dinosaur Tracks Museum in an R-1-10 zone at about 2200 East Riverside Drive. St. George City, applicant.

Planner Ray Snyder provided a quick summary and power point presentation concerning the goal, intent, features, proposed parking, operation, topography, setbacks, adjacent land use, building height, and comparative operations.

A motion was made by Council Member Isom 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.

TERMINATION OF LEASE:
Consider termination of the Airport Ground Lease Agreement with AeroWest Aviation, Inc.

Airport Manager Dave Ulane explained that in May Aero West Aviation ceased providing fuel and now focuses on aircraft painting and maintenance. They indicate they have no further use for the facility.

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

TERMINATION OF AIRPORT AGREEMENT:
Consider termination of the Airport Use Agreement with Aero West Aviation, Inc. and approval of a new Airport Use Agreement with Aircraft Services, Inc.

Airport Manager Dave Ulane explained that the Airport Board recommended approval of a new use agreement with Aviation Services LLC for a paint shop operation in the Bundy hangar contingent upon (1) inclusion of mutually acceptable language regarding fumes which may impair the use of surrounding leaseholds; and (2) improvements to the rooftop ventilation system to minimize the emanation of fumes into adjacent hangars. Mr. Ulane recommended approval subject to ventilation improvements being completed within 30 days of execution of the agreement.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve termination of the agreement with Aero West and approve a new agreement with Aircraft Services, Inc., as recommended by the Airport Board and Airport Manager. Mayor McArthur called for a vote, and all voted aye. The motion carried.

TERMINATION OF AIRPORT AGREEMENT:
Consider termination of the Airport Use Agreement with West Wings Aviation, Inc.


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Airport Manager Dave Ulane advised that West Wings Aviation was a flight school who since has combined with another approved flight school and is no longer in business.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 16, 2003.

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

Consider approval of the minutes of the regular City Council meeting held November 6, 2003.

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

Consider approval of the special City Council meeting held November 10, 2003.

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

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

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

The vote was unanimous and the motion carried.

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

PURCHASE PROPERTY:
Consider approval to purchase property in the area adjacent to the Ft. Pearce Wash east of River Road.

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

ENERGY SERVICES DEPARTMENT:
City Manager Gary Esplin advised that the Chairman of the Energy and Water Services Board thinks the reserves in the Energy Services Department are not sufficient. The City Council must decide if it wants a rate stabilization fund, and if so, how much.





St. George City Council Minutes
November 20, 2003
Page Thirteen

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

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
The meeting then reconvened and was adjourned.



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Gay Cragun, City Recorder