City Council Minutes

Thursday, November 18,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 18, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The invocation was offered by Pastor Mark Gering of the New Life Christian Center, and the pledge of allegiance was led by Mayor McArthur.

City Forester, Doug Wulfenstein, presented Mayor McArthur with the Community of the Year Award from the Community Forestry Council in recognition of all the City does for urban forests. Mr. Wulfenstein explained that this is the 5th year of the Southern Utah Green Conference, and the City has been participating in the Tree City USA program for 13 years.

Representatives from Target presented Mayor McArthur with a $2,000 check for the City?s Safe Kids program, and thanked the Police Department for their partnership and for keeping the community safe.

Craig Harding advised that this check will enable the City to purchase a high speed printer to help fingerprint more children as part of the Safe Kids program.

AWARD OF BID:
Consider award of a blanket contract for engine repairs, as needed, for the Energy Services Generation Division.

Purchasing Agent Sue Swensen recommended award of a blanket contract for engine repairs as needed to Cooper Energy Services in the amount of $80,000 for the year.

MOTION: A motion was made by Council Member Gardner to award a blanket contract to Cooper Energy Services in the amount of $80,000 for the year.

SECOND: The motion was seconded by Council Member Allen.

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

AWARD OF BID:
Consider award of bid for a 2005 compact loader/backhoe for the Cemetery Division.

Purchasing Agent Sue Swensen explained a small backhoe is needed at the cemetery to get into tight spots around the headstones. Two bids were received: one for a John Deere compact loader/backhoe in the amount of $35,913, and one for a Bobcat in the amount of $37,000. Staff recommends purchase of the Bobcat from Scott Machinery in the amount of $37,000 because it meets the specs and is able to get into the tight spots.

Leisure Services Director Kent Perkins explained that the Cemetery Division has been sharing a backhoe with the golf courses, and it is an older and bigger machine. A smaller backhoe is needed because of all the upright headstones at the new cemetery.
MOTION: A motion was made by Council Member Orton to award the bid to Scott Machinery for a Bobcat in the amount of $37,000.

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 column, tube and shaft for City wells.

Purchasing Agent Sue Swensen presented the bids received:

Cutler Pump $25,500
Nickerson Company $26,428
Gardner Bros. $25,063.62
SW Sales & Pump $34,693.26

She explained that after review of the bids, Cutler Pump was contacted and asked to meet the non-local low bid from Gardner Bros. They agreed. She recommended award of the bid to Cutler Pump in the amount of $25,063.62. She explained that local preference is St. George City proper first, then Washington County, and then the State of Utah.



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MOTION: A motion was made by Council Member Allen to award the bid to Cutler Pump in the amount of $25,063.62.

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 an Elgin Eagle mechanical sweeper for the Streets Division.

Purchasing Agent Sue Swensen recommended purchase of the sweeper through the State contract with AG Body Truck Equipment in the amount of $135,963.71. This amount includes a trade-in allowance of $9,000 for the City?s 1996 Elgin Eagle sweeper.

Street Superintendent Randy Halverson explained that the City?s old Elgin sweeper spends more time in the shop than on the streets and is worn out. In order to meet the commitment to the level of service the City would like to provide, a new sweeper is needed.

MOTION: A motion was made by Council Member Whatcott to purchase the sweeper through the State contract with AG Body Truck Equipment in the amount of $135,963.71.

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 the sweeper was not in the budget, but a dump truck is. Because of the purchase of the sweeper, the dump truck will not be purchased until next fiscal year.

ADDITIONAL DESIGN FEES:
Consider approval of additional design fees for the Middleton Wash Trail project.

Purchasing Agent Sue Swensen explained that this project began four years ago and has undergone many negotiations with property owners as development has impacted the area. This impact has caused the need for additional design fees for Carter Burgess, the

engineering firm designing the project. She recommended approval of the additional design fees in an amount not to exceed $24,000 to complete the project.

MOTION: A motion was made by Council Member Gardner to approve the additional design fees for Carter Burgess in an amount not to exceed $24,000 to complete the project.

SECOND: The motion was seconded by Council Member Orton.

Leisure Services Kent Perkins explained that the fees are based on an hourly charge, and may not approach the $24,000 figure.

Council Member Bunker inquired what guarantee the City had that this would be the last change order.

Mr. Perkins replied that the worst case scenario and potential problems have been considered. He stated he felt confident that this would be the last change order.

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

ACCEPT ANNEXATION PETITION:
Consider approval of an ordinance accepting the annexation petition for the Little Valley Farms addition.

City Manager Gary Esplin explained that the area proposed for annexation is within the City?s policy declaration area, and acceptance of the petition is the first step in the annexation process.

MOTION: A motion was made by Council Member Orton to accept the petition.

SECOND: The motion was seconded by Council Member Bunker.

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

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

The vote was unanimous and the motion carried.
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City Manager Gary Esplin explained that the proposed annexation area is next to the road to the new airport site.

ORDINANCE:
Consider approval of an ordinance defining a political sign.

Community Development Director Bob Nicholson explained that the City Code regulates the placement of political signs, but they have never been defined.

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

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 Orton - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance changing the closing time for alcoholic beverage licensees.

City Attorney Shawn Guzman explained that State law has changed which affects taverns. For example, for those who serve beer, the law requires that they stop serving beer one hour before closing. Current City Code allows them to stay open until 1:00 a.m. and serve until 1:00 a.m. The new State law would require them to stop serving at 12:00 midnight. He recommended approval of the ordinance moving the closing time to 2:00 a.m. for Class D and E licensees to bring the City into compliance with State law and allows the taverns to remain at status quo.

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 roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PROPERTY TRADE:
Consider approval of a property trade with Sunhill Homes, LLC.

City Manager Gary Esplin explained that the proposal is for an equal trade of property in the same general area and right-of-way. Sunhill Homes needs property for a roadway, and the City needs property for a cart path. He recommended approval.

MOTION: A motion was made by Council Member Orton to approve the property trade.

SECOND: The motion was seconded by Council Member Gardner.

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

City Manager Gary Esplin explained that because of the speed of vehicles on the roadway, a tunnel is needed for a cart crossing. The City will participate with Sunhill Homes in installing a tunnel for the safety of the golfers.

LOCAL CONSENT:
Consider approval of local consent for a private club liquor license for Entrada Spirits, Inc.

City Manager Gary Esplin explained local consent for the private club license was needed for a change of location as the applicant is moving into a new clubhouse.

Brian Chadaz introduced Claire Barney, the general manager of the country club, and advised that the new clubhouse will be finished the first of the year, and is located 500' across the street from the sports center, within the gates of Entrada, and accessible only to property owners and their guests.

MOTION: A motion was made by Council Member Allen to approve the local consent.

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SECOND: The motion was seconded by Council Member Whatcott.

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

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 9, 2004, recommended that public hearings be scheduled for December 9, 2004 at 5:00 p.m. to consider:

1) A zone change from RE-20 to R-1-10 on 4.60 acres located at 750 North and 1300 West. Brett Burgess, agent for the applicant.

2) A zone change from RCC to PD Commercial on .076 acre to be incorporated as part of the adjacent existing PD Commercial zone at 300 South and 154 East. Mark Sleight is the applicant.

3) A request to amend Title 10, Chapter 2, Section 1, and Chapter 19, Section 6, St. George City Code, relating to parking regulations and the definition of an unimproved lot. City of St. George, applicant.

4) A request to amend Title 10, Chapter 2, Section 1, St. George City Code, relating to definitions of vehicles, inoperable vehicles, abandoned vehicles, and vessel. City of St. George, applicant.

5) A request to amend Title 10, Chapter 7B, Section 6D, and Chapter 10, Section 5B, St. George City Code, to include the word vessel in the term ?vehicle?. City of St. George, applicant.

MOTION: A motion was made by Council Member Orton to schedule the public hearings as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: 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 November 7, 2004, recommended approval of the final plat for Avallon at Meadowood Phase 3 with 19 single family residential lots located at 100 North and approximately 1500 West.

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

SECOND: The motion was seconded by Council Member Allen.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 7, 2004, recommended approval of the preliminary plat for Escalera Phase I with 31 single family residential lots located at 2000 East and Middleton Drive.

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

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:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held November 9, 2004, recommended approval of the preliminary plat for River Hollow Phase 3 located at 2580 East and approximately 1350 South. The erosion boundary area serves as a building setback limit.

City Attorney Shawn Guzman advised that the best way to let purchasers of the lots with erosion boundary restrictions know about those restrictions would be to include a note on the plat. However, people do not always look at the plat before they purchase property, but it would be the City?s only way to notify them of this restriction.

Community Development Director Bob Nicholson advised that before a building permit is issued, the Inspection Department checks the plat, and if there is a note on the plat, it would preclude the purchaser from building in this area.

Associate Planner Mark Bradley commented that exactly what could be built in the erosion boundary area needed to be finalized.

Assistant City Engineer Jay Sandberg explained that three years ago the City adopted an erosion hazard boundary on the Virgin River, and that boundary denotes where the river

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can meander. If a developer wants to develop within the erosion boundary area, a more detailed analysis of the site has to be made. Because of this, the developer of River Hollow Phase 3 is not interested in developing within the erosion boundary area. A swimming pool and other amenities can be built within this area, but not the primary residence.

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.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 9, 2004, recommended approval of the preliminary plat for Kachina Springs East Phase 2. A portion of the units on the easterly side is designated for lots rather than pads, but the overall number of units is less than shown on the PD master/concept plan, so staff feels the change is not significant. Overall density of the project will be 1.866 units per acre.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to allow an addition to an existing single family home which would create a non-conforming rear yard area for the existing garage. Brad Arp, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held November 7, 2004, recommended approval of the conditional use permit. The applicant would like to build an accessory building in the rear yard. The accessory building has to be 10 feet from the main building and cannot take up more than 25% of the rear yard. There is already an existing garage in the rear yard area, but the applicant would like to add on to his home. The resultant rear yard area which would be occupied becomes 35%. The addition would not be seen from the street. The Planning Commission felt that due to the specific location of the addition, the lot sizes in the adjacent neighborhood, and compliance with the ordinance as far as the required separation between the addition and existing accessory structure (garage), the request was reasonable and would not set a precedent.

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

SECOND: The motion was seconded by Council Member Gardner.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the request is to obtain a hillside development permit for a proposed single family residential phase (Phase 10) within the Stone Cliff PD. The issue of the setback off the south ridge line has been resolved, and the applicant is willing to make the change to a 100' setback from the ridge line. The Hillside Board visited the site and recommends approval. The Planning Commission also recommends approval.

MOTION: A motion was made by Council Member Orton to approve the hillside development permit.

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/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to RE-12.5 Residential Estates on 54.18 acres located at 3000 East and approximately 2450 South, with a deed restriction to comply with the General Plan density requirement of two dwelling units per acre. Brad Oliverson, Ken Miller, Kent Cottam, applicants.

Community Development Director Bob Nicholson explained that the applicant decided to request RE zoning. The 54 acre parcel is located just east of Seegmiller Park. The applicant will extend 2450 South further to the east as required, and is proposing RE-12.5 zoning with a minimum lot size of 12,500 sq. ft. 108 lots are proposed, for a density of two units per acre in order to comply with the General Plan. 11 acres have been set aside for an equestrian area. The applicant plans to connect to the sewer system and has made a commitment to extend the line to the property. The development agreements sets forth the developer?s intent. A detailed drainage study will be performed, and subsurface drains

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for the north end of the property will be installed. There will be a homeowners association with CC&Rs, and the association will be responsible for maintenance of the landscaped area. Basements will not be allowed because of the high water table. The equestrian facility will have a minimum of 24 stalls up to possibly 108. There will be a riding arena, a round pen, tack shed, hot walker, feed barn and a place to park trailers. There is also a plan for an architectural control committee to review the home designs. There is a phasing plan for timing of public improvements and amenities. Phase One will consist of 40 lots and 24 stalls, the barn, wash down area, horse trailer parking, and an access road.

Mayor McArthur commented he thought that public streets were required to be completed when half of the project was completed, but they will not be completed until Phase Three of this project.

Mr. Nicholson replied that as part of the phasing plan, the applicant will have to build 3000 East and complete the curb and gutter on 3000 East. The phasing plan could be further refined with the final plat.

Ken Miller, applicant, advised that he planned on completing 2450 East with the third phase. Access is not required until the third phase, and there is nothing else to access on the east end of 2450 South.

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

Council Member Bunker inquired if there was a way to provide more accesses into the development and through it to other adjacent projects for more of a community feel.

Ken Miller, applicant, replied that when the project is complete, there will be circulation to 3250 East and on 2450 South, and there is circulation within the project.

Council Member Bunker inquired if there would be a way to connect the project to the next development.

Mr. Miller replied that there was nothing else to connect to at this time.

City Manager Gary Esplin explained that the City requires streets to be connected and stubbed out to the next available subdivision. However, this is more of a preliminary plat issue than a zone change issue.

Mr. Miller expressed concern with the canal and the grade. He advised that he is planning a full flood wall around the canal. He expressed concern about dealing with flood water within the development.

City Manager Gary Esplin stated that if access is precluded now, it cannot be added in the future. The canal could be piped to deal with flood control, but access should be provided now to connect to future subdivisions.

Council Member Bunker commented the whole idea behind connectivity is to develop neighborhoods and communities so that they are not isolated.

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

SECOND: The motion was seconded by Council Member Bunker.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT FOR BRIDLE GATE ESTATES:
Ken Miller, applicant, advised that he could provide access to future subdivisions by shifting the lots around.

Council Member Gardner commented that the project area falls to the boundary of the area of influence of the new airport, and noise may be heard form the airport, to a minor degree. He suggested that some kind of official public disclosure be recorded with this property and all others within the influence area to alert purchasers of this fact and by doing so this may help prevent lawsuits against the City.

Community Development Director Bob Nicholson replied that this could be handled with a note on the final plat.



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Council Member Gardner commented the placement of a note on the final plat would not be an attempt to alter any design standards or impact the use of a subdivision, but is just to put a future owner on notice that there will be an airport in the vicinity.

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat subject to showing connection to a future subdivision to the south, and placement of a note on the plat with regard to possible airport noise.

SECOND: The motion was seconded by Council Member Allen.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to R-1-10 Single Family Residential on 5.01 acres located at 2160 East and 2450 South. Denice Hughes, applicant.

Clay Tolbert, engineer, advised that the applicant anticipates putting a culdesac at the end of the street. The west side of the street is already zoned R-1-10. There is a block wall
which separates Canyon View Estates from the property. Builders of the El Dorado Subdivision nearby feel that large homes would devalue their property as their lots are smaller. Because of the grade difference and the block wall which acts as a transition area, the applicant would like R-1-10 zoning. The property above El Dorado Estates is already zoned R-1-10 and will be part of Mr. Hughes project.

Associate Planner Mark Bradley advised that lots to the east are between 3/4 and one acre in size, and there are also three non-platted A-1 lots.

Mr. Tolbert advised that the lots are over 100' in depth.

Council Member Orton commented that the applicant would only lose one lot if he went to less dense zoning.

Council Member Gardner inquired if the dispute over 2160 East had been resolved.

Denice Hughes, applicant, replied that it had been resolved. All underground utilities have been put in along 2160 East.

Mr. Tolbert explained there is an elevation change of 5' between the Canyon View Estates lots and Mr. Hughes property. A block wall exists all along Canyon View Estates.

Council Member Orton inquired of Mr. Tolbert how many lots would be lost if the zoning were changed to RE-12.5.

Mr. Tolbert replied that one or two would be lost, but it was hard to say.

Mayor McArthur commented that residents in the area say that a transition zone is needed.

Council Member Gardner commented that animals create many issues. He inquired if the elevation change accommodated the transition zone, or if the street in front of larger lots with animal rights should serve as the transition zone.

Mayor McArthur opened the public hearing.

Lincoln Powers explained that he owned a lot on the lower portion of 2250 East, and there is not a block wall along his property. He inquired if Mr. Hughes would be bringing the block wall to the lower lots.

Mayor McArthur commented that Mr. Hughes did not have to, as the property is still residential.

Mr. Hughes replied that he would have no problem doing that.


Mr. Powers advised that he purchased the property with plans for horses, and he would prefer a transition zone or a block wall.

Council Member Gardner commented that something had to serve as the transition.

Mr. Powers advised that there is no elevation difference between his lot and Mr. Hughes property.

Mr. Hughes stated he felt a block wall would be the best transition in this situation.

City Manager Gary Esplin commented that the idea of transition between R-1-10 and AG zoning is because of the animals. A block wall would not make much difference due to the odor and flies. The idea of RE-12.5 zoning is that when someone buys a lot zoned RE-12.5, they are allowed to have one large animal, and that becomes a buffer. Someone buying RE-12.5 property knows and accepts the fact that his neighbor can have animals.

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

Council Member Whatcott commented that the lots could easily be made to accommodate RE-12.5 zoning, and this would create the transition zone between the animals in the Canyon View Estates and the R-1-10 zoning on the other side of the street.

Clay Tolbert inquired how the culdesac would be transitioned, as one side would be R-1-10 and the other side would be RE-12.5

City Manager Gary Esplin replied that the minimum frontage is 80', and all the lots are deep. They are almost all as large as required under RE-12.5 zoning, and all the applicant would be doing is changing the use.

MOTION: A motion was made by Council Member Whatcott to approve the zone change to RE-12.5 zoning, and deny the request for R-1-10 zoning.

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 Allen - aye
Council Member Bunker - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance changing the name of the Dinosaur Track Site Advisory Board to the Dinosaur Discovery Site Advisory Board.

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

SECOND: The motion was seconded by Council Member Bunker.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting a fee schedule for the St. George Dinosaur Discovery Site at Johnson Farm.

City Manager Gary Esplin explained that the new fee schedule now includes an annual pass.

Gary Watts explained that a group is defined a ten persons, and children under three years of age are complimentary. The new fee schedule also deletes the family pass as family is difficult to define.

Council Member Gardner commented he would rather have a group defined as five persons. This would lower the number so that a family of five could still qualify for the group rate.

Council Member Orton commented that $2.00 a person and $1.00 a child is a bargain at any number.

Council Member Gardner inquired if there had been any consideration to cross-utilization of the annual pass between the dinosaur site, the art museum, and the Rosenbruch museum.

Gary Sanders replied that there currently is no admission fee at the art museum, but the art museum board is looking at admission fees.

Gary Watts recommended that the definition of a group be left at ten persons.

MOTION: A motion was made by Council Member Gardner to adopt the fee schedule as recommended, leaving the definition of a group at ten persons.

SECOND: The motion was seconded by Council Member Orton.

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



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

The vote was unanimous and the motion carried.

APPROVAL OF LOGO:
Consider approval of a logo for the St. George Dinosaur Discovery Site at Johnson Farm.

City Manager Gary Esplin explained that the Advisory Board felt the site would be better served with a logo that depicted a dinosaur rather than just a track itself.

Marc Mortensen distributed copies of other logos made for the site.

MOTION: A motion was made by Council Member Orton to approve the logo recommended by the Advisory Board.

Gary Sanders introduced John Burrows, the logo artist.

City Attorney Shawn Guzman advised he would find out what was needed to protect the logo.

Council Member Gardner commented it might be possible to use the logo recommended by the Board and also the logos as distributed by Mr. Mortensen.

City Attorney Shawn Guzman advised that if two logos will be used, they both should be approved.

Gary Watts commented that the City may also want to tie up copyright rights to the footprint itself.

AMENDED MOTION: Council Member Orton made a motion to approve the logo recommended by the Advisory Board, as well as all the logos distributed by Mr. Mortensen, and also include copyright protection of the footprint itself.

SECOND: The motion was seconded by Council Member Gardner.

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

INTERPRETIVE PLAN:
Consider approval of an interpretive plan for the St. George Dinosaur Discovery Site at Johnson Farm.

Gary Watts reviewed the interpretive plan.

MOTION: A motion was made by Council Member Orton to approve the interpretive plan.

SECOND: The motion was seconded by Council Member Bunker.

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


BYLAWS:
Consider approval of bylaws for the Dinosaur Discovery Site Advisory Board.

Gary Sanders explained that the By-laws were drafted by the City Attorney.

MOTION: A motion was made by Council Member Orton to approve the By-laws.

SECOND: The motion was seconded by Council Member Allen.

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

WATER RIGHTS PURCHASE AGREEMENT:
Consider approval of a water rights purchase agreement with the Max Seegmiller family.

City Manager Gary Esplin explained that these were underground irrigation water rights.

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

SECOND: The motion was seconded by Council Member Orton.

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

APPROVAL TO SELL PROPERTY:
Consider approval to sell City-owned property in Washington City.

This item was tabled until after the executive session.

DELAY IMPROVEMENT AGREEMENT:
Consider approval of a delay improvement agreement with Lincoln Powers.

City Manager Gary Esplin explained that when the SID was done in the Little Valley area, the City made an attempt to try and place improvements in front of three existing lots. One home was in already place on one of the lots, but there were no improvements. The City is sure a delay improvement agreement for this home was signed, but it cannot be found. Mr. Powers would now like to build a home on one of the three lots and is required to install improvements. However, he would not be able to tie them in on either side because neither of the lots have improvements. Mr. Powers would like to sign a delay improvement agreement to allow him to build his home and install improvements when his neighbors install theirs. Staff recommends approval.

Council Member Orton inquired if the existing home could be forced to install improvements if the delay improvement agreement cannot be found.

City Manager Gary Esplin replied that the City could not force the improvements to be installed if the agreement could not be found.

MOTION: A motion was made by Council Member Gardner to approve the delay improvement agreement subject to improvements being installed when owners of the lot to the north come in for their building permit. Improvements to both homes will be required to be installed at the same time.

Mr. Powers inquired if he would be able to obtain his building permit tomorrow.

Mayor McArthur replied that the plans would have to be approved first.

City Manager Gary Esplin advised that the delay improvement agreement would also have to be drawn up and recorded.

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 clarified that the required improvements included curb, gutter, sidewalk, road, and all improvements required as part of a subdivision.

OPERATING AGREEMENT:
Consider approval of an operating agreement with Air Superiority, Utah to provide FBO service at the airport.

City Manager Gary Esplin advised that the Airport Board recommends approval.

Keith Bushnell, representing Air Superiority, Utah, explained that he would provide a full service base operation to fuel aircraft, provide maintenance, mobile fueling, and a fuel farm. They have also plans to provide an air charter operation. Maintenance will be provided out of the hangar being built right now, and they will be taking over the lease for the entire building.

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

SECOND: The motion was seconded by Council Member Allen.

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

AMENDMENTS TO AIRPORT LEASE:
Consider approval of amendments to the JLH Ventures airport lease to accommodate a proposed operation on the premises by Air Superiority.

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

SECOND: The motion was seconded by Council Member Bunker.

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

AMENDMENT TO ENGINEERING AGREEMENT:
Consider approval of an amendment to the engineering agreement with Creamer and Noble for the 200 East project.


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City Manager Gary Esplin explained that the contract is for design work. The Council approved the installation of a roundabout at Hope Street and Main, and the engineers are trying to work out the alignment in this area. The historic water walk on Main Street will be accommodated.

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

SECOND: The motion was seconded by Council Member Allen.

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

AMENDMENT TO ENGINEERING AGREEMENT:
Consider approval of amendment to the engineering agreement with Carter Burgess for the River Road Phase II project.

Public Works Director Larry Bulloch explained that the bridge on River Road was delayed because when the bridge was designed, available information indicated that the bridge could be built without impacting an existing fiber optic line. However, as the contractor got into the project, he felt the line was so close that he was not willing to take the risk of hitting it, which would have knocked out service for a large area at a substantial cost to him. He also met with Qwest, who was also uncomfortable with the close proximity of the line to the construction. The conclusion was that Qwest would move the line at their expense to avoid any interruption to service, but this will take an additional 70 days before the contractor can resume work. In order to accommodate this, the engineer needs to extend his contract by that additional 70 days as well, which results in a cost of $90,986 to the City. If the contractor had known that the delay would cost $90,000, he would have taken the risk and kept going. He explained that Carter Burgess felt the contractor could proceed, and designed the caissons so that they would miss the line, but the contractor and Qwest made the decision to stop the project.

Mayor McArthur inquired why the City was paying when it did not cause the delay.

City Manager Gary Esplin explained that Carter Burgess is now requesting additional funds to monitor the project during the additional 70 day time period. The question is whether they should be penalized because the contractor and Qwest made a decision to stop the project, and why the City is in the middle of it. He suggested that the cost be shared among the parties. He suggested that a meeting with all parties be held.

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

SECOND: The motion was seconded by Council Member Allen.

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

CHANGE ORDER - RIVER ROAD PHASE II:
Consider approval of a change order to the construction contract for the River Road Phase II project.

Public Works Director Larry Bulloch explained that the contract is with Interstate Rock Products, and the change order actually results in a savings to the City in the amount of $107,000. The change order also includes a request by Interstate Rock for an increase in time, but the City is not willing to do anything that would jeopardize having the project paved by the end of the year. City staff is not willing to recommend an extension of the contract at this time, but would like it noted that this is still a point of discussion and has not been resolved.

Mayor McArthur inquired if there would be room for sidewalks as the property develops.

Mr. Bulloch replied that the canal would have to be piped in order to install sidewalk.

MOTION: A motion was made by Council Member Bunker to approve the change order.

SECOND: The motion was seconded by Council Member Allen.

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

PURCHASE CONTRACT:
Consider approval of a purchase contract for 25% of the output of the Jordanelle Hydroelectric facility.

City Manager Gary Esplin explained that the agreement is with Heber Valley Light and Power, and the cost is $55 per megawatt, which is a good price for green power.

Energy Services Director Phil Solomon explained that the Central Valley Water Conservancy District will build the hydro. Heber Valley has an agreement to take the power, but it cannot take all of it. Heber Valley asked the City of St. George and others if they were interested in taking any of the power, and City staff responded that the City was interested. The nice thing about the power is that its cost is fixed at $55 and there is no escalator

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clause. He stated he did not recall the term, but he thought it was 25 years, based on the run of the river. Irrigation will determine when the power is available, and the resource is during the summer and during peaks when it is needed by the City. It is more reliable than wind, and there is no risk. If the unit goes off, the City does not pay, and if it is off for more than one year, the City can terminate the contract. The City would be receiving 3 megawatts, plus is getting green tags. Ren? Fleming is working on the City?s green program to sell to customers as the City buys this power.

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

SECOND: The motion was seconded by Council Member Gardner.

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

PURCHASE AGREEMENT:
Consider approval of a purchase agreement for a 40 MW natural gas-fired turbine for internal generation.

This item was tabled.

NEW BUSINESS - APPOINTMENTS:
Mayor McArthur recommended that Bruce Neiderhauser be appointed to the Hillside Review Board to replace Jarl Klungervik, and that Wally Brazzeal, Paula Bell, Terry Draper, and Mark Peterson be appointed to the Arts Commission.

MOTION: A motion was made by Council Member Gardner to make the appointments as recommended by the Mayor.

SECOND: The motion was seconded by Council Member Allen.

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

Mayor McArthur recommended that Council Member Orton, City Manager Gary Esplin, and City Attorney Shawn Guzman be appointed to a task force to discuss and negotiate land exchanges and needs between the City, School District and State.

MOTION: A motion was made by Council Member Allen to make the appointments as recommended by the Mayor.

SECOND: The motion was seconded by Council Member Whatcott.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 21, 2004.

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

SECOND: The motion was seconded by Council Member Gardner.

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

Consider approval of the minutes of the special City Council meeting held October 26, 2004.

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

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: 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 October 28, 2004.

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

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 to adjourn to an executive session to discuss a property purchase and sale of property was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Bunker.

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

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

SELL CITY PROPERTY:
CONSIDER APPROVAL TO SELL CITY-OWNED PROPERTY IN WASHINGTON CITY:

MOTION: A motion was made by Council Member Orton to sell City-owned property in Washington City for $17,000.

SECOND: The motion was seconded by Council Member Whatcott.

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

MISCELLANEOUS ITEMS:
City Manager Gary Esplin updated the City Council on plans to possibly build another nine holes at Sunbrook Golf Club.

Water Services Director Barry Barnum updated the City Council on a possible new site for the waste water reservoir in the Sunbrook area.

Brief discussions took place with regard to parking problems in the downtown area, and possibly waiving parking requirements for existing building in the historic district, development on the black hill by the ?D?, and use of segways on City trails.

The City Council granted permission for Bill Davies to locate a City garbage can on the corner of 700 South and 700 East, which he will maintain.

The meeting then adjourned.



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Gay Cragun, City Recorder