City Council Minutes

Thursday, June 3,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 3, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Scout Steve Heath, and the invocation was offered by Pastor George Mather of Our Saviors Lutheran Church.

Mayor McArthur announced that there were two addendums to the Agenda, and invited everyone to attend a presentation on the downtown charrette on Wednesday, June 9 at 5:00 p.m.

REJECTION OF BID:
REJECTION OF FUEL BID:

Purchasing Agent Sue Swensen recommended rejection of all bids received for fuel, explaining that if they were split up between small loads, large loads, and lubricants, the City could save in excess of $10,000.

City Manager Gary Esplin explained that in past years the bid has been split up, and he recommended that the same be done this year.

MOTION: A motion was made by Council Member Allen to reject all bids.

SECOND: The motion was seconded by Council Member Bunker.

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

AWARD OF BID:
Consider award of bid for crack sealing, seal coatings, and striping of trails, parking lots and roadways.

Purchasing Agent Sue Swensen presented two bids received:

Gordon Paving $49,998
Holbrook Asphalt $38,270

She recommended award of the bid to the low bidder, Holbrook Asphalt, in the amount of $38,270.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Holbrook Asphalt, in the amount of $38,270.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for traffic signal controllers and conductors.

Purchasing Agent Sue Swensen recommended purchase of traffic signal controllers and conductors through the State contract with Econolite Controller Products Inc. in the amount of $34,780.

Streets Superintendent Randy Halverson explained that controllers are what activate the signals, and they are located in the control panel box at each signal.

MOTION: A motion was made by Council Member Whatcott to award the bid through the State contract with Econolite Controller Products Inc. in the amount of $34,780.

SECOND: The motion was seconded by Council Member Gardner.

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

Purchasing Agent Sue Swensen advised that the City received a bid for $6,000 to purchase the old controllers. She will put out another bid to see if there is more interest.

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June 3, 2004
Page Two

AWARD OF BID:
Consider award of bid for the airport pavement rehabilitations project.

Purchasing Agent Sue Swensen presented two bids received:

A-T Asphalt Paving, Inc.
7 day alternative $2,012,645
10 day alternative $1,592,726

Western Rock Products, Inc.
7 day alternative $1,881,199
10 day alternative $1,667,979
She recommended award of the bid to the low bidder, A-T Asphalt, with the 10 day alternative in the amount of $1,592,726.
Council Member Allen inquired why the 10 day alternative was recommended.

Airport Manager Dave Ulane explained it was recommended due to the price difference. The FAA could not justify the expenditure of the additional funds, and any additional cost would be the City?s.
MOTION: A motion was made by Council Member Allen to award the bid to A-T Asphalt, the 10 day alternative, in the amount of $1,592,726.

Mr. Ulane explained that the City?s portion of the project is 5% or $93,965.

SECOND: The motion was seconded by Council Member Gardner.

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

ORDINANCE:
Consider approval of an ordinance making technical changes to the Telecommunication Ordinance.

City Attorney Shawn Guzman explained that the State law changed and mandated that if cities wish to collect tax on telecommunications, they have to repeal the current franchise tax in place (6%) and in its place impose a 4% franchise tax. Cities are supposed to be held harmless, but it remains to be seen what the revenues will be. An interlocal agreement with the State Tax Commission will also have to be signed in order to collect the City?s portion.

MOTION: A motion was made by Council Member Whatcott to repeal the current franchise tax and approve the new ordinance.

SECOND: The motion was seconded by Council Member Gardner.

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

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

The vote was unanimous and the motion carried.

RESOLUTIONS:
Consider approval of a resolution authorizing a supplement to an escrow deposit agreement executed in connection with the issuance of its General Obligation Park and Recreation Refunding Bonds, Series 2004, and other documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters.

And

Consider adoption of a resolution authorizing an escrow restructuring relating to the City?s Sewer Revenue Refunding Bonds, Series 2004A, and related matters.

City Manager Gary Esplin explained that the City recently approved the issuance of refunding bonds for its parks and recreation bond and a sewer bond because of low interest rates resulting in savings in excess of $300,000. However, in both refundings negative arbitrage was created. This action will allow, if the market cooperates, an opportunity to increase the savings by reducing the amount of negative arbitrage on these bonds.

MOTION: A motion was made by Council Member Gardner to approve both resolutions.

SECOND: The motion was seconded by Council Member Allen.

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

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June 3, 2004
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Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of a beer license for Tony Roma?s. Stanley Neal Roberts, applicant.

City Manager Gary Esplin advised that the paperwork appears to be in order.

Neal Roberts, applicant, advised that the restaurant would be remodeled in six weeks.

MOTION: A motion was made by Council Member Whatcott to approve the beer license.

SECOND: The motion was seconded by Council Member Bunker.

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

DINOSAUR TRACK ADVISORY BOARD RECOMMENDATIONS:
Consider approval of recommendations from the Dinosaur Track Advisory Board regarding a name, the gift shop, and collections for admissions.

Gary Watts, Chairman of the Dinosaur Track Advisory Board, explained that a cash box was implemented as of Monday, but attendance has not been great because of the heat. The Dinosaur Board unanimously recommended that the name ?St. George Dinosaur Discovery Site at Johnson Farm? be used. The Board recommends that an agreement be entered into with ASIA for operation of the gift shop.

City Attorney Shawn Guzman advised that there are a few small changes that he would like to make to the agreement which he will take to ASIA, but otherwise the agreement is fine from a legal standpoint.

MOTION: A motion was made by Council Member Allen to approve the name and agreement with ASIA for operation of the gift shop.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye.

Mr. Watts explained that volunteers are needed, and a trailer is being used on site which was donated by Darcy Stewart. The trailer will be used for storage, exhibits, and gift shop.

REPORT FROM HISTORIC PRESERVATION COMMISSION:
Report from the Historic Preservation Commission meeting held May 27, 2004.

Community Development Director Bob Nicholson explained that the Historic Preservation Commission recommended landmark site designation for the ?Pickett? home located at 190 South 100 East, and the ?Stevens? house located at 212 North 100 West. The Commission recommended denial of landmark site designation for the ?McQuarrie? house located at 248 Diagonal based on the number of additions to the home, its size, style of windows, roof line, and removal of the historic front porch. The Commission recommended that public hearings be scheduled for June 17 to consider landmark site designation for the two homes.

MOTION: A motion was made by Council Member Allen to schedule the public hearing for June 17 to consider landmark site designation for the two homes as recommended by the Historic Preservation Commission.

City Manager Gary Esplin suggested the applicant for the McQuarrie house to given the opportunity to request a public hearing, if desired, and this could be scheuled for the first meeting in July, if so requested.

AMENDED MOTION: Council Member Allen amended her motion include the scheduling of a public hearing for the first meet ing in July for the McQuarrie house, if so requested by the applicant.

SECOND: The motion was seconded by Council Member Bunker.

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

Community Development Director Bob Nicholson advised that the Historic Preservation Commission also approved a replacement sign for Ancestor Square, and current members are
up for reappointment for a four year term. All members have indicated a willingness to be reappointed.

Mayor McArthur advised that Council Member Bunker would serve as the City Council representative on the Historic Preservation Commission.

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MOTION: A motion was made by Council Member Gardner to approve reappointment of all Historic Preservation Commission members, as follows: Kim Campbell, chairman, Peggy Childs, Karl Brooks, Ramona Larsen, John Graham, and Brooks Pace.

SECOND: The motion was seconded by Council Member Bunker.

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

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider approval of an amendment to the Sun River PD Zone to add 7.62 acres to the existing 592.79 acres for an additional single family development in the northeasterly portion of the Sun River development.

Community Development Director Bob Nicholson explained that Sun River is picking up an additional 7.62 acres owned by State Trust Lands and propose to add single family detached homes similar to those in the area. The project will be added to the existing homeowners association. The Planning Commission recommends that the addition be approved as part of the PD Residential zone.

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

MOTION: A motion was made by Council Member Gardner to approve the amendment by ordinance as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Section 10-3-2, St. George City Code, regarding membership on the Board of Adjustment.

Community Development Director Bob Nicholson explained that the Planning Commission recommends approval of a minor adjustment to the current City Code allowing a member or alternate member of the Planning Commission to serve on the Board of Adjustment for the purpose of creating a quorum. The Board of Adjustment meets only three to four times a year.

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

MOTION: A motion was made by Council Member Gardner to approve the ordinance.

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider approval amendments to Title 10, Chapter 13A, St. George City Code, with regard to the Hillside Development Overlay Zone.

City Manager Gary Esplin explained that staff would like to delay consideration of any action with regard to the definition of a roadway through the 40% slope area in order to further study the issue. The remainder of the recommendations of the Hillside Advisory Committee are fine.

Community Development Director Bob Nicholson then reviewed the recommended changes to the ordinance.

Council Member Whatcott expressed concern with the provision that allows for a 10' cut on already disturbed land without approval of the Hillside Review Board and the City Council.
He suggested that this provision be taken out and currently terminology left as is - a 4' cut may be made on already disturbed land without approval of the Hillside Review Board and City Council.


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Council Member Allen commented that even a 4' cut on the Black Hill would stand out.

Mayor McArthur opened the public hearing.

Rob Reid suggested that the Hillside Review Board meet more than once monthly so that projects are not hung up so long in the approval process.

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

MOTION: A motion was made by Council Member Allen to approve the ordinance, deleting the definition of a roadway through a 40% slope area, and deleting the provision that allowed for a 10' cut through previously disturbed land without approval of the Hillside Review Board and City Council.

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/DEMOLISH BUILDINGS:
Public hearing regarding the recovery of costs to demolish two buildings at: (1) 52 W. Diagonal; and (2) 1181 W. Canyon View Drive.

City Manager Gary Esplin explained that a formal procedure is in place when a city, under its authority, demolishes a building. The City Council must determine whether the demolition costs are accurate, and if so, collect them either by lien or personal obligation.

Mayor McArthur commented that many requests from the community at large were received to demolish the two structures. He then opened the public hearing.

Jonathan Wright, representing Joy McManus, owner of the property at 52 Diagonal, advised that the property has since sold and $20,000 is being held in escrow waiting for a resolution of this matter. It is unfortunate that Ms. McManus previously paid $6,600 to have the structure demolished, but this was never completed by the contractor. He advised that he has raised issues of concern with the City Attorney and Deputy City Attorney which might offset the amount the City would collect. He proposed that the City proceed by approving the demolition amount so that his client can receive part of her money from the escrow. The escrow will be dedicated to pay off any debt owed to the City. He and the City?s legal council will work on the issues and present a resolution to the City Council at a later date.

City Manager Gary Esplin explained that Mr. Wright is raising issues about the timeliness of the demolition, notices to the property owner of record, and the removal of trees which the City did not authorize. Staff has no problem with Mr. Wright?s request, as the funds will remain in escrow and the City is protected. The issues raised by Mr. Wright can be resolved at a later date.

Mr. Wright explained that Ms. McManus paid $6,600 to have the structure demolished. The contractor removed the roof and partially demolished the structure, but did not obtain a permit to do so and a stop order was issued. Ms. McManus has not seen the contractor since. The City is now adding an additional $9,000 for its contractor to demolish what was left.

Deputy City Attorney Ron Read explained that in addition to accepting the report as far as costs, the City Council also needs to consider whether to place a lien on the properties, or work out a payment schedule with the property owners in lieu of a lien.

City Manager Gary Esplin stated that the City would not need to place a lien on the McManus property as the funds were being held in escrow.

City Attorney Shawn Guzman advised that the City would withhold filing a lien on the McManus property while the issues were being worked out.

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

MOTION: A motion was made by Council Member Gardner to authorize the costs as presented to demolish the two structures, and authorize placement of liens, if needed.

SECOND: The motion was seconded by Council Member Bunker.

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

PUBLIC HEARING:
Public hearing concerning the 2004-2005 fiscal budget for the City of St. George.


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Page Six

Mayor McArthur opened the public hearing. He advised that final approval of the budget would take place at the next regular City Council meeting.

City Manager Gary Esplin commented that there were several people in the audience who would like to make comments on the CDBG budget. He suggested that comments be taken on the general budget first, and then comments specifically on the CDBG budget.

Mayor McArthur opened the public hearing.

There being no public comment on the general budget, he called for comments on the CDBG portion of the budget. He explained that the City received applications from seven entities seeking funding totaling more money than the City has to grant. He reminded those present

that a decision would not be made this evening. He invited a representative from Color Country Community Housing to make his or her presentation.

Linda Bringhurst, representing Color Country Community Housing, explained they have been administering the City?s program since January, and the program has been successful in getting people into homes. Since accepting applications six families have closed loans in the downtown area, with a total of 40 applications to date. She stated that it was getting more difficult to find affordable homes in the downtown area and requested that the City include the area toward Dixie Downs as it has more affordable homes.

City Manager Gary Esplin inquired of Ms. Bringhurst what kind of follow-up is done to make sure the homes are kept aesthetically pleasing.

Ms. Bringhurst replied that only three families have begun using rehab funds, but the homes are inspected before their purchase and a written plan for the rehab is made. She has not gone back to follow-up, but the families have 120 days to use the rehab money.

City Manager Gary Esplin commented that while the program was a good one, he hoped that the zoning ordinances were being followed, and expressed hope that the properties were being reviewed to see if compliance was being had.

Ms. Bringhurst replied that she was open to suggestions on how to do this.

Council Member Gardner commented that when rehab money is being used, there must be accountability.

City Manager Gary Esplin expressed concern with illegal apartments or add-ons, and stated that the property owner should be aware up front that as part of the grant, the rules must be followed.

Mayor McArthur advised that Color Country Community Housing?s request was for $150,000.

Mayor McArthur then invited a representative from Dixie Care and Share to make his or her presentation. Their request is for $7,500.

Ralph Flannigan, Executive Director of Dixie Care and Share, explained that they provided over 12,700 nights of stay in the shelter. They are currently using a double wide manufactured unit as shelter for women and families. They housed 199 women and 80 children last year. The double wide trailer needs to be replaced, and part of the requested $7,500 will be used for this purpose. The shelter can provide seven nights of emergency shelter, and after that the individual must meet with a case worker and become employed, among other things, in order to qualify for the maximum stay of 90 days. 50% of those sheltered have at least a high school education, 21% have gone beyond high school, and even those with masters degrees have stayed in the shelter.

Mayor McArthur invited a representative from Habitat for Humanity to make his or her presentation. They are requesting $42,500.

Launa Butler, executive director of Habitat for Humanity, explained that they build homes by partnering with low income families to make home ownership possible. A three bedroom home currently costs $83,000 to build, and the home is sold at a 0% mortgage for 20-25 years. The payments are $400 a month. Monies from the mortgages are put in a revolving fund and used to build one home a year. Habitat for Humanity is proposing to purchase two pieces of property, and the families have already been selected. The $42,500 requested from the City will be used to pay for permits, foundation and slab work. Government funds can only be used for purchase of infrastructure and site preparation, and there will not be enough money to build the homes without this grant.

Mayor McArthur invited a representative from the Southwest Utah Community Health Center to make his or her presentation. They are requesting $180,267 to construct and equip a new dental center.

Sheila Finch, director of the Southwest Utah Community Health Center, advised that the health center is for people with problems accessing health care. They have provided 14,282 health care visits which are paid for on a sliding scale according to income. There is a need for dental care, and they have had to cap dental visits at 30 per month. They propose that a dental


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June 3, 2004
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clinic be built where patients would pay on a sliding scale. A facility is available, and the requested funds would be used for remodeling and equipment costs.

Mayor McArthur advised that a request was received from the St. George Housing Authority for $100,000 for land purchase for senior housing needs.

Mayor McArthur invited a representative from TURN Community Services to make his or her presentation. They are requesting $5,235 to upgrade their facility.

David Cunningham, Director of TURN Community Services, explained they are a private non-profit provider of residential and employment services to 85 people with disabilities. Their facility is located at 24 West 650 South, and they are requesting a grant of $5,235 for replacement of walking surfaces in the facility, as they have become a safety hazard. They would also like to do some roof work, backyard landscaping and add a back patio cover. The home is owned by ARC, but they have negotiated a sales price and are in the process of purchasing it.

City Manager Gary Esplin inquired if the income from the patients could be used for the needed remodeling.

Mr. Cunningham replied that the rents are minimal and basically pay only for the mortgage. Most of the patients are on SSI and do not work, or if they do, it is at the day center. He advised there are seven permanent residents and there is one emergency bed.

Mayor McArthur invited a representative from the Washington County Council on Aging to make his or her presentation. They are requesting $106,848 to purchase three new Meals on Wheels trucks.

Betty McCarty, representing the Council on Aging, advised they currently have four routes to deliver meals to elderly home-bound people. Three new hot-shot trucks are needed which have heating and cooling units for the meals. Funding for the St. George area was discontinued when St. George became an urban area at a population of 50,000.

Mayor McArthur explained that the purpose of the funding is to enhance the community by eliminating homelessness, increasing the skill level of residents by economic development training, and implementing home ownership and revitalizing the historic downtown area and by participation in beautification projects.

City Manager Gary Esplin inquired why other areas of the County received funding from the Five County Assoc. of Governments to purchase trucks for this purpose, but the City of St. George is excluded from applying for funding.

Ms. McFadden replied that the City is no longer eligible for funding because it is no longer rural.
Enterprise and Hurricane are still rural and therefore still qualify for funding.

City Manager Gary Esplin commented that in the last 28 years, the City of St. George has only received between $100,000 and $150,000 in funding from the Five County Association of Governments because the funding went to other rural areas. While Meals and Wheels is a good program, it is hard to understand why St. George is being excluded from funding, as it is still a member of the Five County Association of Governments. He suggested that before this matter is considered, it should be reviewed.

Mayor McArthur commented that the county and state are usually charged with health and human services, not cities.

City Manager Gary Esplin commented that the City should determine what role it will play in human services, as each entity of the government has responsibilities and is given certain revenues to deal with those services.

Ms. McFadden advised that if the City approves the grant for the trucks, the trucks can be used exclusively for St. George.

There being no further public comment, Mayor McArthur closed the public hearing. He then called for a five minute break.

PUBLIC HEARING:
Public hearing to consider adjustments to the 2003-2004 fiscal budget for the City of St. George.

City Manager Gary Esplin reviewed proposed changes to the budget.

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

MOTION: A motion was made by Council Member Whatcott to approve the changes by resolution.

SECOND: The motion was seconded by Council Member Gardner.

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

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June 3, 2004
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Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING:
MOTION: A motion was made by Council Member Allen to adjourn to a Neighborhood Redevelopment Agency meeting.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Allen.

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

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 25, 2004, recommended that a public hearing be scheduled for July 1, 2004 at 5:00 p.m. to consider a zone change from R-1-10 to PD Residential on 109.77 acres located on the west side of Dixie Drive at approximately 1700 South. Gary Haskell/Haskell Homes, applicant.

MOTION: A motion was made by Council Member Whatcott to schedule the public hearing for July 1, 2004 at 5:00 p.m.

SECOND: The motion was seconded by Council Member Bunker.

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

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting of May 25, 2004, recommended approval of the final plats for (1) Meadow Valley Estates Phase 3 located at 2800 South and 2350 East, Lori Burgess, applicant; and (2) Castle Rock Phase 2 located at 2000 N. Snow Canyon Parkway, Milo McCowan, applicant.

MOTION: A motion was made by Council Member Gardner to approve the final plats and authorize the Mayor to sign them.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: 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 May 25, 2004, recommended approval of the preliminary plat for Sun River at St. George Phase 12.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat.

SECOND: The motion was seconded by Council Member Allen.

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

LOT SPLIT:
Assistant Planner Ray Snyder advised that the Planning Commission, at its meeting held May 25, 2004, recommended approval of a lot split for property located at 250 W. Black Ridge Drive subject to the following conditions:

1. A reciprocal access agreement shall be recorded.
2. Separate deeds shall be prepared for each parcel.
3. Legal descriptions for each lot provided.
4. A utilities and drainage easement shall be recorded.
5. Parcel No. 1 shall be included in the final plat.

MOTION: A motion was made by Council Member Gardner to approve the lot split subject to the conditions recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Allen.

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

TABLE ITEM:
City Manager Gary Esplin recommended that Item 6E to consider a request for a reduction in assessment for property in the Little Valley Special Improvement District be tabled from the agenda as the applicant could not be present at the meeting. It will be rescheduled.


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MOTION: A motion to table the item was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Whatcott.

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

IMPLEMENT WATER CONSERVATION PLAN:
Consider approval of a request to implement mandatory conditions relating to the City?s Water Conservation Plan.

Conservation Coordinator Ren? Fleming explained that water use is up from last year, and St. George?s usage is higher than the statewide average. 35,000,000 gallons were used yesterday, when only 27,000,000 gallons was used at the same time last year. The last two years there has been good response from the public with regard to water conservation, and she hoped that the same would occur this year. She recommended that mandatory water restrictions be implemented as follows: (1) no watering between the hours of 8:00 a.m. and 8:00 p.m.; (2) no washing down of hardscapes; and (3) use shut off valves on hoses when washing cars.

City Manager Gary Esplin commented that he believed the public would comply and the City should not be punitive before it sees if the public will comply. He commented that all the City was really asking for was common sense usage. He recommended the City enter Stage 1.5 of the Water Conservation Plan. If no results are seen and there are blatant abuses, then the City may have no choice but to establish a penalty and some sort of enforcement process, but it is not ready to do so yet.

Mayor McArthur advised that if a citizen sees a violation, they can report it to Ren? Fleming, who will contact the violator and request that they come into compliance. He stated that someone reported to him that the Sunbowl was watering at 1:00 in the afternoon.

Ms. Fleming explained that the mandatory restrictions are for culinary water only. Parks and the Sunbowl are on the irrigation system and watering must be done when the irrigation company schedules the water. There are also problems with storage facilities and use of the pipelines, and the distribution system is not as extensive as the culinary system. The cost to store water does not offset the loss of water experienced when watering is done in the daytime. She explained that the water used in the water feature at the City Office was going into the sewer system and the City was paying to have it treated. It has now been piped and used for landscaping at the City Office, a much more beneficial use.

Mayor McArthur commented that irrigation water is scheduled 24 hours a day, and users must take their water turns when assigned.

Ms. Fleming advised that the water feature at the corner of Sunset and Bluff uses privately owned well water, and not culinary water.

City Manager Gary Esplin explained that most of the parks and some of the golf courses and schools used to be on culinary water, competing with homes and businesses for the water. In the last 10-15 years, the City has made an effort to purchase all the water shares in irrigation companies it could to create an extensive program to use this water to water public facilities. The Sunbowl, College, and Dixie High are fed from the Virgin River. The irrigation cannot be used in the culinary system as it would be costly to treat, but it can be used to irrigate thus allowing more culinary water to be available for the public. The City of St. George has never rationed water, and while it would love to water all its facilities at night, and this is a good practice, because of the number of parks the City has it would be cost prohibitive to build enough storage to do so.

Council Member Whatcott agreed that Stage 1.5 of the Conservation Plan should be implemented, but commented that it should be followed all year long, not just when there is a water crunch in the summer. He stated that growth was also a factor in the increased usage this year.

Ms. Fleming commented that the City?s growth rate is 7.5%, but water usage was up by 20%.

MOTION: A motion was made by Council Member Whatcott to implement Stage 1.5 of the Conservation Plan, and urged wise use of water resources.

SECOND: The motion was seconded by Council Member Allen.

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

Ms. Fleming encouraged conservation of energy as well as water. A new Dixie conservation power alert system will be implemented with green, yellow, and red days. The City is trying to avoid exposure to the energy market to pay the least amount it has to for energy. The public can check in the Spectrum or turn to TV channels 2, 3, 5 or 13 to check for the power alert.

INTERLOCAL AGREEMENT:
Consider approval of an interlocal agreement with the Tax Commission.

City Manager Gary Esplin advised this item was discussed as part of an earlier discussion item.

St. George City Council Minutes
June 3, 2004
Page Ten

MOTION: A motion was made by Council Member Whatcott to approve the agreement.

SECOND: The motion was seconded by Council Member Gardner.

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

AERONAUTICAL LEASE:
Consider approval of a commercial aeronautical lease with PH Aviation.

City Manager Gary Esplin explained that Mr. Lundberg sold his hangar, and a new ground lease is needed for the new owner.

MOTION: A motion was made by Council Member Gardner to approve the new lease.

SECOND: The motion was seconded by Council Member Allen.

Airport Manager Dave Ulane explained that this item was not related to Mr. Lundberg, and was not a transfer of lease but a new lease. The applicant will be constructing a significant amount of hangar space to accommodate demand.

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

AGREEMENT:
Consider approval of a water line upsizing agreement with Quality Excavation.

City Manager Gary Esplin explained that the Augustus Point development is being built along Snow Canyon Parkway. The City would like to upsize the water line to a capacity of 18" as allowed by City policy which provides that any cost of oversizing is paid for by impact fees collected by the Water Department.

MOTION: A motion was made by Council Member Gardner to approve the agreement.

SECOND: The motion was seconded by Council Member Bunker.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss potential litigation.

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Allen.

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

MISCELLANEOUS:
The Mayor and City Council briefly discussed drainage issues on Middleton Drive, and the downtown charrette.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Allen.

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




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Gay Cragun, City Recorder