City Council Minutes

Thursday, March 4,2004



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

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

EXCUSED:
Council Member Sharon Isom
Council Member Larry Gardner

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He advised that Council Member Gardner was out of town, and Council Member Isom was very ill. He commented that the City Council?s prayers were with Council Member Isom and her family.

The pledge of allegiance was led by Council Member Orton, and the invocation was offered by Council Member Allen.

Mayor McArthur announced that since there were only three Council Members present it would take a unanimous vote for any motion to pass. He asked that anyone wanting his or her item pulled from the agenda to please advise him before discussion of the item began.

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

CROSSING GUARD RECOGNITION:
Police Chief Marlon Stratton introduced Kathleen Bruhn, a crossing guard at 300 West St. George Blvd. who has worked for the City for 16 years.

Sgt. Vertis Benson commented that Mrs. Bruhn took good care of the children and always observed what was going on around them. She has done an excellent job and should be commended.

Chief Stratton then presented Mrs. Bruhn with a plaque in appreciation of her service.

TABLE ITEMS:
City Manager Gary Esplin advised that Item 6C to consider exempting commercial users from the water conservation rates was tabled from the agenda and would be discussed at a work meeting some time in March.

City Attorney Shawn Guzman advised that Item 6F to consider approval of a MOU with the Federal Highway Administration, U. S. Fish and Wildlife Service, SITLA, and UDOT for planning and mitigation of cumulative impacts identified by the EIS Process for the Southern Corridor project area was also tabled from the agenda.

DEDICATION OF WOODWARD SCHOOL BUILDING/CLOSURE OF ROAD:
Washington County School District Superintendent Max Rose introduced Edna Mae Sampson, who invited the Mayor and City Council to the dedication of the Woodward School on March 26 at 11:00 a.m. Closure of Tabernacle from 100 West to Main Street is needed for the event.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve Mrs. Sampson?s request to close Tabernacle Street from 100 West to Main Street on March 26 for the Woodward school building dedication. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

AWARD OF BID:
Consider award of bid for carpet cleaning services for City facilities.

Purchasing Agent Sue Swensen presented four bids received from Stanley Steemer, Crystal Clean, Service Master, and HiCaliber. She recommended award of the bid to the low bidder, Crystal Clean, in an amount not to exceed $50,000 for the year.

A motion was made by Council Member Orton and seconded by Council Member Allen to award the bid to Crystal Clean in an amount not to exceed $50,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.



St. George City Council Minutes
March 4, 2004
Page Two

AWARD OF BID:
Consider award of bid for the 2004 chip seal aggregate supply project.

Purchasing Agent Sue Swensen presented four bids:

Sunroc $91,800
Interstate Rock $88,050
Western Rock $108,000
Quality Excavation $78,000

She recommended award of the bid to the low bidder, Quality Excavation, in the amount of $90,000, with the hope of doing some extra work.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Quality Excavation in the amount of $90,000. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur invited a Scout in the audience to introduce himself.

RESOLUTION:
Consider approval of a resolution adopting a policy with respect to prayer at public meetings.

City Manager Gary Esplin recommended approval of the proposed policy in order to conform to a recent court decision.

City Attorney Shawn Guzman suggested a small change to the proposed ordinance.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning a 15 foot wide non-exclusive water line easement in the Millcreek Industrial Park.

City Manager Gary Esplin explained that the subject easement had never been used and staff recommends abandonment.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning an easement adjacent to the intersection of 2580 East and 1450 South.

City Manager Gary Esplin recommended abandonment of the easement to the adjacent property owners.

A motion 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 Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution supporting the Municipal Wastewater Planning Program.


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March 4, 2004
Page Three

City Manager Gary Esplin explained that the City meets all requirements and is the best operating system in the state.

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

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

The vote was unanimous and the motion carried.

ENGINEERING CONTRACT:
Consider approval of an engineering contract with Creamer & Noble for rehabilitation of the airport runway.

City Manager Gary Esplin explained that from a safety standpoint, rehabilitation of the runway must be taken care of now. This will reduce the amount of money which can be contributed to the new airport, but the City has no choice.

Airport Manager Dave Ulane explained that the local cost for the project has been reduced from a 91%-9% local match to a 95%-5% local match. The airport will be closed for ten days from July 26 through August 4 in order to perform the rehabilitation.

Council Member Whatcott expressed dismay over the $145,000 engineering bill.

Mr. Ulane replied that FAA specifications for runway asphalt and compiling plans and specifications must be met, and construction management is a largest part of the design fee. There will be four inspectors on duty 24 hours per day for ten days. The City also obtained estimates almost exactly in line with typical FAA paving projects.
If the City accepts federal funding, it must play by their rules.

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

AIRPORT ACTIVITY:
Consider approval of a commercial aeronautical activity for Mike?s Aviation, Inc.

Airport Manager Dave Ulane explained that the applicant was formerly with River?s Aviation until its dissolution, and has now set up shop under his own name. He will be performing aircraft maintenance and power plant repair out of the new Millionaire hangar. The Airport Board recommends approval.

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

APPROVE WALL DESIGN:
Consider approval of the wall design between the proposed Oasis Palms Apartments and the Emerald Springs development.

Community Development Director Bob Nicholson explained that on April 3, 2003, the Oasis Palms Apartments were granted a zone change. As part of that approval the City Council requested that the final design for the wall between Oasis Palms and the Emerald Springs development be brought back to them for approval. The Emerald Springs Homeowners Association has approved the design. The wall will consist of vinyl fencing on top to the existing block wall.

Mayor McArthur inquired if the wall would be required everywhere.

An unidentified man replied that two and possibly three owners do not want the wall.

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

EXEMPT COMMERCIAL WATER USERS:
Consider exempting commercial users from the water conservation rates.

This item was tabled.



St. George City Council Minutes
March 4, 2004
Page Four

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 24, 2004, recommended that a public hearing be scheduled for April 1, 2004 at 5:00 p.m. to consider a zone change from A-1 to R-1-10 on 2.98 acres located at 2000 North and Tuweap Drive, and to amend the Sunbrook PD zone to include approximately six acres, a 30 suite bed and breakfast, and modifications of unit types and densities throughout the development located on Sunbrook Drive off of Dixie Drive.

A motion was made by Council Member Allen 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 February 24, 2004, recommended approval of the final plat for Sandstone Village Commercial Subdivision with three lots located at 42 South River Road. Brett Hastings is the applicant. The Planning Commission recommended approval.

A motion was made by Council Member Orton and seconded by Council Member Allen 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.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 24, 2004, recommended approval of the preliminary plat for Riverside Heights Phases G & H located at Riverside Drive and 2900 East. James Stephenson is the applicant. The Planning Commission recommends approval subject to the following conditions:

1. A development agreement prepared by the City for surety money to be set aside for the improvements along Riverside Drive.

2. Applicant work with City staff to resolve the landscape maintenance along Riverside Drive prior to final plat approval.

3. Meet 70 foot minimum frontage width (a few lot lines require some adjustment).

4. Wall and street trees are to be installed at the same time. The wall may vary in height from five to six feet, but in no case exceed six feet.

City Manager Gary Esplin suggested that a homeowners association could be formed to take care of the landscaping.

Mr. Bradley replied that the applicant prefers that each homeowner take care of the landscaping maintenance.

Council Member Whatcott commented that if the homeowners were responsible for the maintenance, potentially 50-60 encroachment problems could be created.

Mr. Bradley advised that Pebble Creek formed an association specifically to handle landscape maintenance.

Gerald Pratt, representing the applicant, advised that the applicant would rather not have a homeowners association, but if required, would comply.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the preliminary plat subject to the recommendations of the Planning Commission and subject to formation of a homeowners association to maintain the landscaping.

Council Member Allen expressed concern that the City was requiring the applicant to form a homeowners association to care for the landscaping when it has not been required of others. She inquired of Mr. Pratt is the applicant was willing to work with the City?s Parks Department on a xeriscape landscaping.

Mr. Pratt replied that the applicant was willing to do so.

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

LOT SPLIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 24, 2004, recommended approval of a lot split for property located at 231 W. St. George Blvd. subject to a reciprocal access agreement. Norman Smith is the applicant.

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March 4, 2004
Page Five

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the lot split. Mayor McArthur called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 24, 2004, recommended approval of a hillside development permit for a Marriott Hotel located at 100 South and 1470 East (east of River Road) subject to the following conditions:

1. Stack rock against the proposed hillside cut with consistent rock color and size.

2. Drainage issues shall be put in writing and a drainage study provided to the Engineering Department for review.

3. Future maintenance in the drainage channel will be preventive maintenance performed by the applicants.

4. No disturbance, encroachment, or geotechnical fabric (geogrid) is allowed in the open space zone.

5. Allow rock to be higher than the scarring above the drainage channel by a minimum of two feet.

6. Rock to be painted to match the natural color of the hillside.

Kevin Ence and Ed Burgess are the applicants.

Council Member Allen commented that the rocks should be colored as soon as they are placed and not when the buildings are complete. She then made a motion to approve the hillside development permit subject to the recommendations of the Planning Commission, and with the stipulation that the rocks are painted as soon as the wall is completed. The motion was seconded by Council Member Orton. 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 School District warehouse located north of Brigham Road at about 800 East. Washington County School District, applicant.

Planner Ray Snyder explained that the proposed site is located by the School District transportation and maintenance facility in Bloomington Hills. Zoning is Open Space. The proposed facility is 32,000 sq. ft. Concern was expressed at the Planning Commission meeting about the number of buses parked in front of the proposed site. A landscape plan has been submitted with a four to six foot berm with plants and trees to hide the facility. There is ample parking. The Planning Commission recommended approval subject to the following conditions:

1. The applicant shall provide a landscape plan to the City Council for review. This plan shall demonstrate landscaping materials to the satisfaction of the City Council and that said landscaping should be out of the right-of-way for the future widening of Brigham Road.

2. Building colors shall match the existing transportation and maintenance facility to the east.

Council Member Whatcott inquired about maintenance of adjacent landscaping.

Phil Williams, representing Washington County School District, replied that he would take a look at it.

Council Member Whatcott commented that parking the buses on the road was contrary to what was initially talked about when the transportation and maintenance facility was originally built.

Mr. Williams replied that at the time of approval the buses were already being parked in that area. A new design now separates the drop-off area from the parking and provides for a walkway for students to access the buses.

Council Member Whatcott replied that this was not the way he remembered the discussion, and while the buildings are great and provide a needed service, they were set away from the road in order to provide parking for the buses off the road. Further, the landscaping has not been properly maintained.



St. George City Council Minutes
March 4, 2004
Page Six

Mr. Williams replied that the landscaping has not been doing well because of the soil, and it has been difficult to get anything to grow.

Council Member Allen inquired if staff had a copy of the minutes when this issue was originally discussed.

Mr. Snyder reported that the minutes of October 22, 1996 and April 15, 1997 indicate a concern for traffic in the neighborhood, an industrial look, and landscaping, but there is nothing mentioned about where the buses are to be parked.

Council Member Orton replied that the neighborhood had changed since then, in any event, and it is more important now than ever to have it look nice.

Mr. Williams commented that it may not look the best it can. He committed to planting trees.

A motion was made by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission, and with a suggestion that other issues with the School District be addressed. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin advised that he would schedule a meeting with the School District on a work agenda.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider a request to amend the 3D Commercial Center Planned Development Zone by adding the following uses to the list of permitted uses: (1) automobile repair and storage within an enclosed building; (2) trailer sales and service; and (3) storage rental units, provided such use is limited to Lots 6 and 7.

Community Development Director Bob Nicholson explained that the applicant would like to add three uses: (1) automobile repair and storage within an enclosed building, (2) trailers sales and service, and (3) storage rental units, provided such use is limited to Lots 6 and 7. The Planning Commission recommends approval.

Doug Glendenning, applicant, explained that Lots 6 and 7, proposed for storage rental units, are located way back in a crevice, and Lots 11 and 12 are proposed for trailer sales and service.

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

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

Council Member Orton - aye
Council Member Whatcott - aye
Council Member allen - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ZONING REGULATIONS/ORDINANCE:
Public hearing to consider an amendment to the City?s zoning regulations regarding tattoo, body piercing, and permanent cosmetics establishments.

Associate Planner Mark Bradley explained that the Planning Commission asked staff to look into this issue, and several drafts of the ordinance have been reviewed with the Planning Commission. The Planning Commission feels the uses in question have a negative influence on commercial areas in the community. Staff recommends that a distance requirement also be considered or limiting such uses to one per commercial building.

Mayor McArthur recommended that the uses in question be treated similar to sexually oriented businesses and have distance requirements.

Mr. Bradley commented that at this time no distance requirements have been recommended.

City Attorney Shawn Guzman advised that if the City Council approves the ordinance as presented, it can always be modified later.


St. George City Council Minutes
March 4, 2004
Page Seven

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

A motion to approve the ordinance was made by Council Member Allen and seconded by Council Member Orton, with a direction to staff to come back with a recommendation for a distance requirement. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Section 10-2-1, St. George City Code, regarding the definition of a child nursery; setting the conditional use permit requirement at nine children rather than six children.

Community Development Director Bob Nicholson explained that the City Code requires a conditional use permit for more than six children, yet the State Code sets the limit at nine children. He recommended adoption of the nine child limit to streamline the City?s regulations and make them more friendly to the public.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/POWER RATE INCREASE/ORDINANCE:
Public hearing to discuss recommendations from staff and the Water and Energy Services Board for an across-the-board power rate increase.

Energy Services Director Phil Solomon presented a power point presentation reviewing current factors, objectives, projected cash flow assumptions, recommendations, and a rate comparison. Staff recommends an 8% increase beginning April 1, 2004, with another 6% across-the-board increase beginning July 1, 2005. The Water and Energy Services Board recommends a 10% increase beginning April 1, 2004 and an additional 6% in July, 2005.

Council Member Whatcott commented he wondered if the rates should be raised to 10% now, and then review the rates again in one year rather than approving an 8% increase now and another 6% increase in July 2005.

Mayor McArthur commented that the City Council has the ability to raise the rates rapidly if an increase is needed.

Water and Energy Services Board Member Marge Shakespeare commented that a rate increase is a complex issue which affects everyone, and the Board members feel they have an obligation to the City to be prudent. She advised that the Board would accept either option.

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

Mayor McArthur inquired of Mr. Solomon what the proposed increase would do to the summer rate.

Mr. Solomon replied that the City, in July 2001, adopted a power cost adjustment ordinance to allow the City Council to take immediate action to set rates in order to maintain a positive margin. A 40% power cost adjustment was made in April 2002 which has remained in effect and would not be removed.

Mayor McArthur commented that a lot of input, discussion, time, and thought has been put into the recommended rate increase.



St. George City Council Minutes
March 4, 2004
Page Eight

Council Member Whatcott commented that the City?s effort is to make sure it remains whole while charging the most efficient rates possible.

A motion was made by Council Member Orton to approve a 10% power rate increase by ordinance beginning April 1, 2004, with a review and re-evaluation in June, 2005 and possible recommendation for an adjustment at that time. The motion was seconded by Council Member Whatcott.

Council Member Allen commented that she would agree with the 10% increase if staff would be sure to look at the rates and drop them if the desired goal was attained sooner than anticipated.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amendments to the 2003-2004 fiscal budget.

City Manager Gary Esplin reviewed proposed changes to the budget, attached hereto as Exhibit ?A?.

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

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

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

The vote was unanimous and the motion carried.

APPROVE MOU:
Consider approval of an MOU with the Federal Highway Administration, U. S. Fish and Wildlife Service, SITLA, and UDOT for planning and mitigation of cumulative impacts identified by the EIS process for the Southern Corridor project area.

This item was tabled.

CHANGE ORDER:
Consider approval of an environmental assessment change order for the reuse project.

City Manager Gary Esplin explained that this is another federal project. The request is for another change order with SWCA to develop additional studies which will again increase the scope of the project. The City will be reimbursed when the EA is approved, anticipated to be August, 2004, a year longer than originally told.

Water Services Director Barry Barnum explained that without reservoirs, the reuse project will only be able to produce half as much. With the reservoirs, the City will be able to store all the reuse water produced by the plant at its peak. This change order is necessitated by new concerns expressed by the BLM and Fish and Wildlife which must be addressed.

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

APPOINTMENTS:
Appointments to boards and commissions.

Mayor McArthur recommended Tina Tanner be appointed to fill the unexpired term of Bonnie Pendleton on the Shade Tree Board.




St. George City Council Minutes
March 4, 2004
Page Nine

A motion was made by Council Member Allen and seconded by Council Member Whatcott to appoint Tina Tanner to the Shade Tree Board to fill the unexpired term of Bonnie Pendleton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution establishing admission fees for the Johnson Farm Dinosaur Track Site.

City Manager Gary Esplin presented the dinosaur track site admission fees proposed by the Leisure Services Department:

Adults $2.00 per person
Children (12 and under) $1.00 per child

Families -
Group Admission
Adults $1.50 per person
Children (12 and under) $ .75 per child

School Tours
Local Washington County Schools Complimentary
Other school tours $25.00 per tour

Mr. Esplin recommended adoption of the proposed fees with the caveat that the fees could be changed when the new facility is constructed.

Council Member Orton inquired if other communities were surveyed.

Mayor McArthur inquired if passes had been considered, or same day re-entrance.

Leisure Services Director Kent Perkins explained that it was estimated that the temporary facility would be used for six months. Admission fees are desired in order to generate revenue and allow tracking of attendance. A multi-use punch pass was discussed but a consensus could not be reached on how to operate at this point.

Council Member Orton commented he felt the proposed fee schedule was a good start, and he recommended keeping track of all school passes for an accurate count. He then made a motion to approve the fee schedule by resolution. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the issuance and sale of not more than $13,000,000 aggregate principal amount of General Obligation Refunding Bonds, Series 2004, of the City of St. George, Washington County, Utah; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters.

City Manager Gary Esplin explained that the refunding bonds will save the City approximately $400,000 plus a savings on debt service. The bond issue must be complete by March 29 in order to take advantage of the low interest rates. The City?s fiscal and financial agents recommend approval.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution establishing fees for sexually oriented businesses.

City Manager Gary Esplin explained that the City went through an elaborate process in establishing its sexually oriented business ordinance, but did not set the fee schedule. Staff recommends setting the following fees by resolution:


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March 4, 2004
Page Ten

Sexually oriented business application fee $1,250.00
Annual sexually oriented business license fee $1,250.00
Sexually oriented business employee license
application fee per employee $ 300.00
Annual sexually oriented business employee
license fee per employee $ 300.00

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

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held February 5, 2004.

A motion was made by Council Member Orton 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.

Consider approval of the minutes of the City Council work meeting held February 12, 2004.

A motion was made by Council Member Whatcott 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.

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

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
A motion to reconvene and adjourn 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.



_______________________________
Gay Cragun, City Recorder