City Council Minutes

Thursday, July 15,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 15, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS


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

EXCUSED:
Council Member Suzanne Allen
Council Member Larry Gardner

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. He announced that since there were only three Council Members present to constitute a quorum, any vote would have to be unanimous for an item to be approved. He invited any applicant to table his or her item from the agenda to be heard at a later time when a full Council was present, if desired. The pledge of allegiance was led by Mayor McArthur, and the invocation was offered by James Summer of the Masonic Lodge.

PROCLAMATION:
Mayor McArthur read and signed a proclamation designating July 18 as a day to honor an Army reserve unit which recently returned from Iraq. He then presented the proclamation to Lt. Sarah Condie.

AGENDA UPDATE:
City Manager Gary Esplin advised that Item 6G, to consider approval of a conditional use permit for a low volume medical office in a landmark site at 190 South 100 East has been tabled from the agenda at the applicant?s request. It will be rescheduled for the August 5 City Council agenda.

AWARD OF BID:
Consider award of bid for an irrigation line for the St. George Golf Club.

Purchasing Agent Sue Swensen advised that staff has opted to go with the HDPE pipe according to the revised bid schedule. She then presented the bids received for installation of the Bloomington Hills irrigation supply line, HDPE pipe, as follows:

Cindy Taylor Trucking $162,778.71
HE Davis Construction $192,310.00
Interstate Rock Products $231,828.20
Trade West Construction, Inc. $300,927.00

She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $162,778.71

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Cindy Taylor Trucking, in the amount of $162,778.71.


SECOND: The motion was seconded by Council Member Whatcott.

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

Mayor McArthur inquired about the recent water break.

Water Superintendent Frank Kell advised that a 4" water line ruptured by the Rio Virgin RV Park. It is being repaired and the water in the area should be back on within three to four hours.

AWARD OF BID:
Consider award of bid for two Harley Davidson motorcycles for the Police Department.

Purchasing Agent Sue Swensen recommended purchase of the motorcycles off the State contract with Harley Davidson of Salt Lake City in the total amount of $28,436.28.

Mayor McArthur inquired about local bids.

Ms. Swensen explained that the City gives local vendors the option to match the State contract price, with a 5% local preference, but in this case the local vendor chose not to match the State price.

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July 15, 2004
Page Two

MOTION: A motion was made by Council Member Whatcott to purchase two Harley Davidson motorcycles off the State contract with Harley Davidson of Salt Lake City in the total amount of $28,436.28.

SECOND: The motion was seconded by Council Member Orton.

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

AWARD OF BID:
Consider award of bid for the Community Arts 3rd floor demolition project.

Purchasing Agent Sue Swensen presented bids received for selective demolition of the 3rd floor at the Community Arts Building, as follows:

Arnell-West $75,900
BT Builders $156,000

She recommended award of the bid to the low bidder, Arnell-West in the amount of $75,900.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Arnell-West, in the amount of $75,900.

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 three pedestrian/bicycle bridges for the Santa Clara River trail project.

Purchasing Agent Sue Swensen presented the following bids:

Bridge America $109,625
Steadfast Bridge $183,950
Wheeler Lumber LLC $105,650
Excel Bridge $103,344
Continental Bridge $110,526

She recommended award of the bid to the low bidder, Excel Bridge, in the amount of $103,344.

Mayor McArthur advised that the bridge is a break-away bridge in the event of flooding.

MOTION: A motion was made by Council Member Bunker to award the bid to the low bidder, Excel Bridge, in the amount of $103,344.

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 the Santa Clara River trail project.

Mayor McArthur announced that this project will complete one of the last sections of trail in the City.

Purchasing Agent Sue Swensen explained that four contractors attended the pre-bid meeting and picked up bid packets, but only two submitted bids, as follows:

Cindy Taylor Trucking $534,687
H. E. Davis $499,110

She recommended award of the bid to the low bidder, H. E. Davis, in the amount of $499,110.

Leisure Services Director Kent Perkins explained that the City received a State grant in the amount of $151,000 for this project, and in order to use the money must finish the project by the middle of December.

Council Member Whatcott inquired of Mr. Perkins how this trail compared cost-wise with other trails.

Mr. Perkins replied that it was the most expensive piece of trail the City has built so far because of the three bridges.
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July 15, 2004
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Mayor McArthur inquired if all the trails were open.

Mr. Perkins replied that they were just recently surfaced and striped, but are now open.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, H. E. Davis, in the amount of $499,110.

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 equipment necessary to perform tamarisk removal.

Purchasing Agent Sue Swensen advised that staff has been looking for equipment to remove tamarisk and found one that will meet minimum requirements at Valley Crane and Equipment. The track unit equipment is called an ASV RC-100 with a timber axe assembly, at a cost of $74,824.

Streets Superintendent Randy Halverson explained that this piece of equipment is used by Grand Junction, Colorado for tamarisk removal and has proven to be very effective.
Valley Crane and Equipment has committed to a three to four week delivery time. There are no freight charges because City staff will go get the equipment.

MOTION: A motion was made by Council Member Whatcott to approve purchase of the equipment through Valley Crane and Equipment in the amount of $74,824.

SECOND: The motion was seconded by Council Member Orton.

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

Mayor McArthur commented that Hurricane Scouts would like to join with St. George Scouts for a project and perhaps they could help with this project. They would like to be able to pay a portion of their cost to use the Dixie Center through the project.

City Manager Gary Esplin explained that staff will finish removal of the rest of the tamarisk along the Ft. Pearce from the St. George Golf Club to River Road to clean out the channel in case of a storm. He explained that the equipment will cut the trees above the roots and then a chemical will be applied to the roots to kill them.

Mr. Halverson explained that the timber axe is an attachment to the machine. The machine will cut the tree, draw it into the machine, and then chew it up and spit it out on the ground. These pieces will also need to be treated so that they do not regenerate.

City Manager Gary Esplin explained that as part of the tamarisk removal project, $25,000 has also been allocated for labor expense, and $25,000 for the needed chemicals. It is the City?s intent to ultimately involve everyone along the river.

CHANGE ORDER:
Consider approval of a change order for the 1550 West Street road reconstruction project.

Purchasing Agent Sue Swensen advised that a change order in the amount of $58,115.56 is needed in order to increase quantities of material in order to finish the project.

Council Member Whatcott questioned the mobilization costs since the contractor was already on site.

Steve Perry explained that A-T Asphalt was not the contractor on the project.

Assistant City Engineer Jay Sandberg explained that when the storm drain was installed in 1550 West Street, the City decided to install its reuse line at the same time and redo the entire street. Savings to the other project is about $30,000.

Steve Perry explained that A-T Asphalt had to mobilize from another site to 1550 West Street. By combining projects, the City has saved 25% over what it would normally cost to reconstruct the road.

Jay Sandberg commented that when the project was originally negotiated with the contractor, the contractor provided his costs from A-T Asphalt, and they were higher than the overall bid price. He negotiated with them and they are willing to use his prices if they are used to do the work. Therefore, there are no overhead costs, but the


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July 15, 2004
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contractor would like mobilization costs for his coordination and paperwork. He could have had A-T submit its cost to him and then add 10% to that cost.

Council Member Whatcott commented that the City could have bypassed the contractor and contracted with A-T itself.

Jay Sandberg replied that the City took the lowest price of items in both bids, and the contractor has been good to work with.

MOTION: A motion was made by Council Member Whatcott to approve the change order in the amount of $58,115.56.

SECOND: The motion was seconded by Council Member Orton.

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

City Manager Gary Esplin explained that with this section of reuse line the City will have about half of the line built. As soon as approval is obtained through the EA, the City will be reimbursed and will move forward.

Mayor McArthur announced that the ribbon cutting ceremony for the Dixie Drive bridge will be held the first or second week in August.

Public Works Director Larry Bulloch advised that the entire project would be completed in September.

RESOLUTION:
Consider approval of a resolution adopting the Five County Association of Governments Natural Hazard Mitigation Plan as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000.

Assistant to the City Manager, Marc Mortensen, explained that staff has reviewed the Plan. It appears to be vague and the City is already doing most of what is required under the Plan.

City Manager Gary Esplin commented that adoption of the Plan by cities has to do with the Five County Association of Governments? funding and qualification for federal grants. The City is already administering this same program through FEMA, and adopting the Plan is merely a formality.

MOTION: A motion was made by Council Member Bunker to approve a resolution adopting the Plan.

SECOND: The motion was seconded by Council Member Whatcott.

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

Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.
RESOLUTION:
Consider approval of a resolution abandoning an easement between Lots 33 and 34 of the Stone Cliff Subdivision, Phase I.

City Manager Gary Esplin explained that John Campos owns both lots and wants to combine them into one lot. The request has been reviewed by the JUC and they have no objections.

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

SECOND: The motion was seconded by Council Member Orton.

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

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.



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July 15, 2004
Page Five

BEER LICENSE:
Consider approval of a beer license for Three Amigos Market located at 325 N. Bluff. Ricardo Vaca, applicant.

City Manager Gary Esplin explained that the application has been reviewed and staff can see no problems or issues that would prevent the license from being issued.

Danny Vaca, applicant, explained that the market sells produce and freshly cut meat and he is in the process of implementing a bakery on site. The beer license is an off-premise license, and beer will not consumed on the premises.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a Farmers Market at the Zion Factory Stores.

City Manager Gary Esplin explained that this is an annual event and staff recommends approval.

MOTION: A motion was made by Council Member Whatcott to approve the special event permit.

SECOND: The motion was seconded by Council Member Bunker.

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

WAPA CONTRACT AMENDMENT:
Consider approval of a Western Area Power Administration contract amendment.

City Manager Gary Esplin explained that last year projected energy rates were discussed. At that time the City was aware that its contract amount would be reduced by 28% and took that into account when the rate schedule was figured. This agreement will initiate that reduction due to the drought.

Council Member Whatcott commented that as discussed by the City Council and Water and Power Board, the City pays the same price as before, and the rate did not go up. However, the City will be receiving only 72% of the power it used to get because water levels are way down and could get worse.

City Manager Gary Esplin stated the City would be replacing power with power from Deseret and others.

MOTION: A motion was made by Council Member Orton to approve the contract amendment.

SECOND: The motion was seconded by Council Member Whatcott.

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

Mayor McArthur inquired of Mr. Solomon how much power the City has contracted for and what its total power usage is.

Energy Services Director Phil Solomon replied that the City?s resource team meets on a monthly basis to try and keep its exposure to the market to less than 10%. The majority of this summer the City has been taking approximately 40 MW from Deseret, 20 MW from the Colorado River Storage Project, 16 MW from San Juan, and during peak hours, is receiving Payson power. Idaho and Hunter are secured resources. This week the generators have been run for four to five hours because it was cheaper to run them than to purchase power on the open market. The City purchased insurance in the event DGT trips off and the City has to go out on the market. The highest load peak so far this summer was 138 MW.

Council Member Whatcott commented that in the past UAMPS has sold the City all its power, but in the last few months staff has taken over the responsibility of purchasing power and the expertise of staff has gone up greatly, saving the City hundreds of thousands of dollars each month.


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Mr. Solomon stated that as volatile as the market is, staff?s goal is to try and honor the current rates. He stated that the City has taken advantage of the WAPA program and has taken it when needed because its prices are better than the UAMPS pool.

DEVELOPMENT AGREEMENT:
Consider approval of the Augustus Point development agreement.

City Manager Gary Esplin explained that the trail currently is close to the road on Snow Canyon Parkway in the area of Augustus Point because at the time of its development the City could not obtain an easement from the property owner. The trail was built on a temporary basis, knowing that it would eventually be moved back to where it should be located. An agreement has been worked out with the developer of Augustus Point which states that he is making a property donation for the trail and will be able to take a tax write-off. The City agrees to construct the trail, and its cost will include landscaping and maintenance of the median and landscaping up to the trail.

MOTION: A motion was made by Council Member Orton 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.

PUBLIC DEFENDER CONTRACT:
Consider approval of a Public Defender Contract with LaMar J. Winward.

City Attorney Shawn Guzman explained that LaMar Winward has been the Public Defender for a number of years and does a good job in that capacity. He has not received an increase to his contract for a number of years, and he recommended a 10% increase. The increase would result in a contract amount of $21,120.

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

SECOND: The motion was seconded by Council Member Orton.

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

ALLOCATION OF CDBG FUNDS:
Consider allocation of funds for eligible projects in the Community Development Block Grant Program.

City Manager Gary Esplin explained that the City can allocate only 15% to non-profit organizations which may not be housing related. The recommendations for allocation are as follows:

$50,000 for Color Country Community Housing
One home for Habitat for Humanity
Allocation of funds to Dixie Care and Share for architectural and engineering costs
Purchase of one Meals on Wheels Truck

He commented that this would leave $15,000 - $20,000 for the City?s own project, or it could leave the funds in place to use on other projects.

MOTION: A motion was made by by Council Member Bunker to allocate CDBG funds as recommended by the City Manager.

SECOND: The motion was seconded by Council Member Orton.

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

AGREEMENT FOR WARRANT SERVICE:
Consider approval of an agreement with Washington County for warrant service.

City Attorney Shawn Guzman explained that there are a large number of outstanding warrants from the Justice Court. The Police Department has hired two new officers to
take care of warrants. There has been a good response to the program, and a lot of people are paying their outstanding fines. The agreement provides that Washington County will pay the City $50.00 for every person who responds to the letter or web site, with a maximum of $100.00 for multiple warrants. If an arrest is made, the County will pay the City $50.00. The program has been successful and officers have been serving warrants every day. He advised that it is anticipated advertisement for a new Justice Court judge will go out in August, but it will be October before a new judge will be available full-time. The County has invited the City to sit on the selection panel.



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MOTION: A motion was made by Council Member Orton 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.

PUBLIC HEARING:
Public hearing to receive public comment concerning the Draft Project Area Plan for the Ft. Pierce Economic Development Project Area No. 3.

MOTION: A motion was made by Council Member Whatcott to hold a joint public hearing with the St. George Neighborhood Redevelopment Agency.

SECOND: The motion was seconded by Council Member Orton.

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

Randy Sant explained that the public hearing had been advertised for 30 days, and property owners and taxing entities in the project area and within 300' were notified by letter as required by State statute and the Utah Redevelopment Act.

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

RECONVENE CITY COUNCIL MEETING:
MOTION: A motion was made by Council Member Orton to reconvene City Council meeting.

SECOND: The motion was seconded by Council Member Whatcott.

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

ORDINANCE:
Consider approval of an ordinance adopting the Ft. Pierce Economic Development Project Area No. 3 Plan, as approved by the St. George City Redevelopment Agency, as the official economic development plan for the Ft. Pierce Economic Development Project Area No. 3, and directing that the required notice of the adoption be given as set forth in the Utah Redevelopment Agencies Act.

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

SECOND: The motion was seconded by Council Member Orton.

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

Randy Sant commented that as soon as the ordinance is published, a 60 day challenge period begins, as required by law. A recording statement will also be prepared and notices will be sent to taxing districts that the project area and plan have been adopted.

Scott Hirschi, Washington County Economic Development Director, stated that this 3rd project area was needed, and others will follow because of the success of the first two project areas. There is a great deal of interest in the Ft. Pierce Industrial Park generated through the ability of the City and RDA to offer incentives through the property tax increment.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held July 13, 2004, recommended that public hearings be scheduled for August 5, 2004 at 5:00 p.m., or any date thereafter, to consider the following items:

1. A request to vacate Lots 2 and 19 of the Ft. Pierce Industrial Park Subdivision located at 3850 South and 1700 East. Mark Burgess, applicant.

2. A request to vacate the Paragon Cove Townhomes at Stone Cliff - Phase I plat in order to replace it with an amended plat located at Paragon Drive and Stone Canyon Drive. Gail Maxwell, agent

3. A zone change request from Open Space to Planned Development Residential to be included as part of the Sun River PD on 29.458 acres located at approximately 1300 W. Bluegrass Way. Darcy Stewart/SITLA, applicants.




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4. A request to amend the City of St. George General Plan - Street Master Plan in the Southgate Valley area west of Tonaquint Drive to upgrade 2070 South Street from a 60 foot right-of-way to a minor collector road with a 66 foot right-of-way, and reduce the street right-of-way from 66 feet to 60 feet for the proposed street going west from Tonaquint Drive which aligns with Upper Sir Monte Drive, which extends east from Tonaquint Drive. Ed Burgess, applicant.

MOTION: A motion was made by Council Member Orton to schedule the public hearings for August 5 at 5:00 p.m. as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Whatcott.

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

FINAL PLAT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held July 13, 2004, recommended approval of the following final plats:

1. Tonaquint Condominiums West subject to the vacation of Lot 3 being recorded.
2. Wailea Falls at Stonebridge Phase 2.
3. Road dedication plat for 1470 East 170 South.
4. Sun River St. George Phase 4.
5. Skyhawk Townhomes
6. Monterey at Stonebridge Phase 3
7. Road dedication plat for Hidden Valley Drive
8. Hidden Valley Townhomes, Phases 1,2,3,4,5,6,7,8
9. The Inn of Entrada

Council Member Whatcott commented it appeared the Wailea Falls at Stonebridge Phase 2 project was moving dirt and building up a large hill, yet they have not finished the landscaping on the first phase as promised. He commented he did not feel good about approving the final plat when they had not lived up to their commitment on the first phase.

Associate Planner Mark Bradley commented that the grading was complete for pads in Phase 2.

City Manager Gary Esplin commented there was no question approval was given to do the project; the question is the line established between the golf course and their project. The City allowed them to use extra property if they landscaped it, and the landscape was supposed to be finished as part of Phase 1. Not all stipulations placed on the Phase 1 plat have been met. He suggested approval of the plat for Phase 2 be tabled until the meeting of August 5.

Mr. Bradley commented that staff would support this action, and will be ready to address the matter at the August 5 meeting.

MOTION: A motion to approve the final plats and authorize the Mayor to sign them, with the exception of the plat of Wailea Falls at Stonebridge Phase 2, and subject to the recommendations of the Planning Commission, was made by Council Member Bunker.

SECOND: The motion was seconded by Council Member Whatcott.

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

TABLE FINAL PLAT:
MOTION: A motion to table action on the final plat for Wailea Falls at Stonebridge Phase 2 was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Orton.

VOTE: 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 detached addition to the Abbey Inn at 1129 South Bluff with a height up to 45'6" to the roof peak.

Assistant Planner Ray Snyder explained that the applicants propose a 24 room three story building to a height of 45' 6" which will include a banquet room. 24 parking spaces are required. The Planning Commission recommended approval, but was concerned about only one parking space per room. The applicant advised that the intent of the banquet room is for use by hotel guests, and therefore additional parking is not

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July 15, 2004
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needed. The City Code requires one parking space for every 35 sq. ft. of meeting room space in hotels, but does not address banquet rooms. In the past parking has been evaluated on a room basis, not banquet space basis.

Shane Wittwer, representing Abbey Inn, explained that the new banquet room would be in addition to the current banquet room. The existing banquet room will, however, lose some of its area for office space. The banquet room is used typically in the day when hotel guests are not using the parking spaces. The banquet room will be able to accommodate 250 at the maximum.

Mayor McArthur inquired if the parking lot had ever been full.

Mr. Wittwer replied that it has never been full, but in that event, the Abbey Inn has an agreement with the adjacent eye doctors to use some of their parking spaces, but have never had to do this. The Abbey Inn also allows adjacent hotels to use its parking spaces.

MOTION: A motion was made by Council Member Orton to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: 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 low volume medical office in a landmark site at 190 South 100 East. Dr. Mike Symond, applicant.

This item was tabled at the applicant?s request.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a Masonic Lodge in an R-2 zone located at the intersection of 1990 East and Mall Drive.

Assistant Planner Ray Snyder explained that the applicant?s conditional use permit was approved twice previously and has expired. The project being presented at this meeting looks totally different. The same colors, however, will be used as originally presented. The Planning Commission questioned having only 21 parking spaces when there will be 66 seats in the building, but recommended approval subject to the following conditions:

1. The applicant shall provide a signed, notarized copy of a development agreement for additional road right-of-way as required by the City Engineering Dept.
2. The applicant shall provide a copy of a signed, notarized reciprocal access agreement for a shared driveway.
3. The reciprocal access agreement shall be reviewed and approved by the City Attorney.
4. Any significant changes to the site plan as presented to the City Council on July 15, 2004 will require further review by the City Council. Minor changes as determined by the Planning Director may be made at staff level.
5. Compliance with all applicant federal, state, county and city regulations or requirements.
6. Any significant changes to the building elevations as presented to the City Council on July 15, 2004 will require further review by the City Council. Minor changes as determined by the Planning Director may be made at staff level. The elevations shall include construction materials and approved colors.
7. A photometric plan shall be submitted to demonstrate that on-site lighting will not create off-site light and glare.
8. Construction plans shall be approved by the Engineering Dept., Building Dept., and Fire Dept. prior to the issuance of a building permit, and no construction activity shall occur until such time.
9. Separate permits shall be obtained for road encroachment, sewer hook-up, water hook-up, grading, retaining walls, building construction, and signage.
10. The landscape plan shall demonstrate the use of drought tolerant materials complimented with a drip system to conserve water use.
11. All required and approved landscaping shall be installed prior to the issuance of a certificate of occupancy and release of utilities. The landscape plan shall show plant size, species, and irrigation materials for City Forester review and approval.

Dean Rein, representing the Masons, explained that the Masonic Lodge accepted a bid today for construction of the facility. A three to four month project is anticipated from the start of construction, including the deceleration lane which is being developed by the adjacent student housing project. All other items including the parking lot, curb, gutter, sidewalk, and street improvements are included.



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MOTION: A motion was made by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: 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 69/138 KV overhead electrical transmission line to connect the River Road substation on Riverside Drive to the Quail Creek substation located in the Washington Fields near 3000 East Street.

Assistant Planner Ray Snyder explained that the Planning Commission originally heard this item in late April, but neighboring property owners opposed a portion of the proposed route. The applicant is now back with a new proposal. There has been no opposition to the new line location, and the Planning Commission recommended approval subject to any conditions the City Council may require.

Council Member Bunker questioned why the line could not be underground.

Mr. Snyder replied it was because of the cost involved and training and manpower needed for maintenance of a line that large in the ground.

Council Member Bunker commented that the poles were unattractive.

Mr. Snyder explained that there will be steel poles where the line turns. The line connects two electrical substations.

Council Member Whatcott inquired if the City could potentially have the same problem it currently has on Red Cliffs Drive and the poles at some time in the future may need to be moved to accommodate another lane of traffic.

Energy Director Phil Solomon replied that the City will make the poles as aesthetically pleasing as possible, but the City?s current policy is that it does not bury lines with a voltage greater than 15 KV. It is not economically feasible to do so and requires a lot more equipment and training of personnel to install this size of voltage underground. Usually only cities with a massive density, such as New York or San Francisco, bury lines with this voltage. The current right-of-way has been expanded as far as possible, unless more right-of-way is taken from adjacent property owners. The poles are being placed according to the new master planned road down Riverside Drive.

Mayor McArthur inquired if the poles would be placed behind the sidewalk.

Mr. Solomon replied that this was the plan, but things change. The power line is a joint project with Dixie REA to back each other up. Dixie REA will assume responsibility for the line once it crosses the river.

Council Member Whatcott commented that it was obvious it was not designed to follow the shortest distance between two points in a straight line.

Mr. Solomon replied that a straight line would not work as far as maintenance of the right-of-way. The ultimate master plan includes building the line to 138 KV all the way to the Millcreek Industrial Park with a potential generator located there some day.

MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Bunker.

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

Mr. Solomon advised that construction of this line was contingent upon negotiations with Pacificorp with regard to transmission issues to the north. If there is a snafu, the line will be delayed. He advised the City Council that the City should be okay this summer and most of 2005 with regard to energy, but there was some concern about 2006. All the energy entities in Southern Utah are working on a contingency plan to keep the power on and a lot of progress has been made.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held June 17, 2004.



St. George City Council Minutes
July 15, 2004
Page Eleven

MOTION: A motion was made by Council Member Whatcott to approve the minutes as amended.

SECOND: The motion was seconded by Council Member Orton.

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

Consider approval of the minutes of the City Council work meeting held June 24, 2004.

MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented.

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 Whatcott to adjourn to an executive session to discuss litigation and property purchases.

SECOND: The motion was seconded by Council Member Orton.

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

Council Member Whatcott - aye
Council Member Orton - 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 Orton.

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


MISCELLANEOUS DISCUSSIONS:
River Road Retaining Walls. City Manager Gary Esplin advised that River Road property owners are complaining about the road being higher than their properties from the REA substation around the corner at Brigham Road.

Public Works Director Larry Bulloch explained that $68,000 from the project can be deleted because the engineer designed $150,000 worth of retaining structures to retain the road from falling into the adjacent properties. City staff asked them to review the project, and they now say they can eliminate $68,000 and put privacy walls all the way down the back of the lots, repairing as needed, or tearing down and building new walls, for $41,000 the entire distance. He stated he would issue a change order for this work.

City Manager Gary Esplin advised it would be a reduction to the project cost.

Tonaquint Drive Golf Course Crossing. City Manager Gary Esplin inquired of the City Council their wishes with regard to the possible closing of the Tonaquint Drive golf course crossing. He suggested that the bridge be closed, but not torn down, in case a back-up connection is needed to Dixie Drive in future years.

Report on Water and Power Board Meeting. Council Member Whatcott reported on a recent Water and Power Board meeting, with issues discussed including a request from the AOPC to take over water lines at the meter, and growth-related issues.

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

SECOND: The motion was seconded by Council Member Bunker.

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



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Gay Cragun, City Recorder