City Council Minutes

Thursday, February 17,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 17, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Chief Marlon Stratton, and the invocation was offered by President Dennis Dixson of the Sunset 7th Branch.

TABLED ITEMS:
City Manager Gary Esplin advised that Item 3B, a public hearing to consider a zone change from A-1 to RE-20 on two acres located at 2350 East and 2150 South was tabled at the applicant?s request. Item 6A to consider approval of a beer license for the Green Valley One Stop was also tabled at the applicant?s request. He advised that there were two addendums to the agenda.

CONSENT CALENDAR:
Consider approval of the financial statement for January, 2005.

City Manager Gary Esplin explained that revenues in the Golf Course Fund are suffering because of the recent rains and flooding. The fund experienced a significant loss in January due to damage resulting from the flood and wet weather. Other than the Golf Course Fund, the City appears to be in good shape.

Council Member Gardner inquired if the City was able to meet its commitments made through marketing efforts for Sunbrook.
City Manager Gary Esplin replied that the City has had no problem in meeting its commitments.

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

SECOND: The motion was seconded by Council Member Orton.

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

BID OPENING:
Consider award of bid for T-shirts and screen printing for all City departments.

Purchasing Agent Sue Swensen presented bids received from Mega Pro, Apparel Promotions, Southern Utah Screenprinting, and Xtreme Edge Graphics. She recommended that a blanket purchase contract be set up with each in the amount of $75,000, and as items are needed the lowest price bidder for that particular item would be contacted first.

Council Member Orton commented that in a future meeting the City Council may want to discuss the philosophy of bidding, as it seems open-ended on occasion and the City may not be getting the best bid.


MOTION: A motion was made by Council Member Orton to award the bid as recommended by the Purchasing Agent.

SECOND: The motion was seconded by Council Member Gardner.

Ms. Swensen explained that the bid does not include T-shirts for the marathon or Mayor?s Walk, but does include shirts for all City sponsored runs, tournaments, and youth programs.

City Manager Gary Esplin explained that the City recoups its cost for the T-shirts through registration fees received from the various programs.

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

BID OPENING:
Consider award of bid for tubular steel poles for the Millcreek 138 kV transmission line.

Purchasing Agent Sue Swensen presented bids from Valmont/Newark, Thomas & Betts, Transamerica Power, and Sabre Tubular. She recommended award of the bid to the low bidder, Transamerica Power, in the amount of $399,599.45. She advised that painted poles would be $60,000 extra.

Energy Services Director Phil Solomon advised that the norm in the electrical industry is to buy steel poles in a weathered steel look. If they are painted, the paint is factory applied and

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February 17, 2005
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baked on. He recommended that weathered steel poles without paint be used because they require less maintenance.

Council Member Gardner commented that there were some places where painted poles worked great, and inquired if both painted and unpainted poles could be used.

Mr. Solomon replied that both painted and unpainted poles could be used, but this segment of line runs from the Millcreek Industrial Park to the river substation, and none of the poles will be skylined. Poles ordered through this bid are site specific to this site only.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Transamerica Power, in the amount of $399,599.45 for unpainted weathered steel poles.

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 a cab and chassis for the Energy Services Department.

Purchasing Agent Sue Swensen recommended purchase of a cab and chassis for mounting an aerial device from the State contract with Lake City International in the amount of $56,289.

MOTION: A motion was made by Council Member Gardner to purchase the cab and chassis through the State contract with Lake City International in the amount of $56,289.

SECOND: The motion was seconded by Council Member Whatcott.

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

City Manager Gary Esplin advised that Lake City International has a new service division in the Ft. Pearce Industrial Park so that maintenance can now be handled locally.

AWARD OF BID:
Consider award of bid for fiber optic termination equipment.

Purchasing Agent Sue Swensen explained that as with SCADA equipment, there is only one vendor - H&L Instruments of New Hampshire. She recommended purchase of the equipment from H&L Instruments in the amount of $60,520.

Energy Services Director Phil Solomon explained that a year ago the City entered into a contract with Interlinx who completed the first loop of phase one around the city. However, they have not completed all the design committed to, but are working on phase two. City staff would like to have the substations and other City facilities in phase one connected to fiber optics, for a total of ten connections. The agreement provides that the City supplies its own dead end equipment.

MOTION: A motion was made by Council Member Gardner to purchase the equipment from H&L Instruments in the amount of $60,520.

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 6000 psi breathing air compressor for the Fire Department.

Purchasing Agent Sue Swensen advised that only two bids were received:

Ross Equipment Option A $40,275
Option B $35,250

L. N. Curtis Option A $34,795
Option B $32,786

She recommended award of the bid to the low bidder, L.N. Curtis, for Option A in the amount of $34,795.

Fire Chief Robert Stoker explained that it was hoped a grant through the Southwest Regional Response Team would pay for this equipment, but the money was instead put into the heavy rescue vehicle. However, Blue Bunny donated $5,000 because the City fills their cannisters for their in-house hazardous response team. The Department also had some money in the budget for a mobile fill station, but the new heavy rescue vehicle has a built-in mobile fill station, so this money can be used for the air compressor. He recommended approval of Option A because no maintenance is required for the lifetime of the compressor. The compressor will be housed at Station One located on 1000 East, and the compressor currently located there which belongs to the Washington County Fire Chiefs Association will be moved to the fire station in Dammeron Valley. An addendum was required because a lot
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of fire departments in the country are beginning to use these compressors, and it would be prudent to get it ordered as soon as possible as delivery time is 16-20 weeks. He explained that currently each department or agency pays dues of $40 a year for maintenance of the compressor.

MOTION: A motion was made by Council Member Orton to award the bid for Option A to L. N. Curtis in the amount of $34,795.

SECOND: The motion was seconded by Council Member Bunker.

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

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in the audience to introduce themselves.

ORDINANCE:
Consider approval of an ordinance abandoning a portion of roadway from the intersection of 2580 East and 1450 South. M. K. Cox Development, applicant.

MOTION: A motion was made by Council Member Gardner 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 Gardner - aye
Council Member Bunker - aye
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 abandoning a public utility and drainage easement located along the easterly line of Lot 10 of the Panorama Park Subdivision. Trinity Lutheran Church, applicant.

City Manager Gary Esplin explained that the request had been reviewed by staff who recommend approval.

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

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution accepting emergency funds from the State Drinking Water Board.

City Manager Gary Esplin explained that the City was offered a grant from the Utah Division of Water Quality in the amount of $169,000 and a 0% loan in the amount of $168,500. The resolution will allow the City to accept the grant and loan funds for emergencies related
to the water system damaged by the flood, such as the line in Gunlock and the line across the bridge at Tonaquint.

Mayor McArthur recommended that a letter of appreciation be sent to the Drinking Water Board.

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

The vote was unanimous and the motion carried.


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BEER LICENSE:
Consider approval of a beer license for the Green Valley One Stop. Scott Lemley, applicant.

This item was tabled at the applicant?s request.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for La Mesa RV.

City Manager Gary Esplin explained that the applicant would like to hold an outdoor sale of recreational vehicles in the parking lot of the Red Cliffs Mall for ten days. The application meets state requirements. There is one local participant.

Nathan Woodward, representing La Mesa RV, advised that the event was successful last year and their dealership sold over 30 motor homes.

Council Member Gardner inquired how often the sales were allowed.

City Manager Gary Esplin replied that he did not know but would find out.

Mayor McArthur expressed concern that a sale in the parking lot creates challenges for other businesses throughout the city as well as businesses located inside the mall.

City Manager Gary Esplin commented that the City is also concerned about the effect parking lot sales have on businesses who are based in the City and operate year-round.

Mayor McArthur commented that last year the applicant stated that they wanted to test the market to consider opening a dealership in St. George.

Mr. Woodward replied that every dealer in St. George was contacted and invited to participate in the sale, but only one accepted the offer. He stated that La Mesa RV pays for the rent of the parking lot and cost of phone and fax lines, and asked only $100 of the other businesses.

City Attorney Shawn Guzman inquired of Mr. Woodward if sales tax collected at the parking lot sale were reported as being earned in St. George.

Mr. Woodward replied that sales tax was reported as being earned in St. George. He advised that his company also held parking lot sales in Sandy, Logan, Ogden, Provo, and Orem.

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

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Orton commented that before another parking lot sale was held, the matter should be looked into and guidelines set in the interests of those who have permanent businesses in St. George.

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

REQUEST TO CONSTRUCT DUPLEXES:
Consider approval of a request from Southwest Health Center to proceed with construction of three duplexes at 269 North 400 West.

City Manager Gary Esplin explained that the City has been considering adoption of an RCC zone for the old Sandtown area of the City, and the subject property is located within this area. However, staff has reviewed this request and feels that the location of the duplexes next to the Southwest Health Center is an appropriate location and recommends approval.

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

SECOND: The motion was seconded by Council Member Allen.

City Attorney Shawn Guzman suggested that the motion include the provision that this specific area be excluded from the RCC zone.

AMENDED MOTION: Council Members Orton and Allen agreed to add this provision to the motion.

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

FINAL PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 8, 2005, recommended approval of the final plat for Sun River St. George Phase 15 with 84 single family detached homes located off Angel Arch Drive south of Sun River Parkway. Darcy Stewart is the applicant.

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

SECOND: The motion was seconded by Council Member Bunker.

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

FINAL PLAT:
Council Member Orton declared a conflict of interest and advised that he would not vote.

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held
February 8, 2005, recommended approval of the final plat for Dixie Downs/Sunset Boulevard Commercial Subdivision with four commercial lots located northwest of the intersection of Dixie Downs Road and Sunset Blvd. Carl Pitt is the representative.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 8, 2005, recommended approval of the final plat for Las Palmas Resort Condominiums II Phase VI Amended and Extended. The purpose of the amendment is to include the pool area and relocate the footprint of the building to match the as-built.

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

SECOND: The motion was seconded by Council Member Gardner.

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 February 8, 2005, recommended approval of the preliminary plat for Ivie Place subject to the applicant working with City staff and the adjacent property owner to reduce the elevation of the lots and proposed 2010 East road to match a similar grade to 1950 East road and adjoining lots. Kress Staheli is the applicant. He explained that there is a total density of 2.69 dwelling units per acre, with a proposed 50 foot right-of-way extending north from 2450 South. Since the Planning Commission meeting, the applicant has revised his plans to comply with the Planning Commission recommendation to bring the elevation of the pads and road down to match 1950 East. An adjacent property owner has concerns.

Dan Barnes, the adjacent property owner, commented that not much can be done to mitigate the problem, but the applicant has come up with the best solution possible.

Council Member Allen inquired if the bulb-out in the roadway would eventually be available to the adjoining property owners for development if the road were continued as a through street.

Mr. Bradley replied that there would be this flexibility, but for the present the applicant is planning on leaving it in place.

MOTION: A motion was made by Council Member Gardner 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.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 8, 2005, recommended approval of a hillside development permit for a single family residential development located at Indian Hills Drive at 1200 West subject to the conditions placed by the Hillside Review Board, and others, as follows: (1) any lots with expansive soil are to have homes built on special foundations; and (2) obtaining title to the BLM land.
Cary Blake is the applicant. The proposed project includes some BLM land that the applicant is trying to acquire. Most of the property is owned by Gary Carter. If title is not obtained from the BLM, then the applicant is required to come back with a revised plan because he relied on the BLM land to meet density requirements. Each phase will have to stand on its own.

Mayor McArthur commented that there should be no overspilling of the slopes or pushing of the overburden that results in a change in color of the hillside.



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Mr. Bradley commented that the applicant could be required to place construction fencing to set a boundary so that the natural rock does not get covered.

Council Member Allen inquired if the 30 foot setback was for the fence or house.

Mr. Bradley replied that it was for the house, and there could be other things between the house and ridge line.

Council Member Allen inquired if there had been discussion about the color of the homes or types of fences.

Mr. Bradley replied that there had not been any discussion concerning these issues.
City Manager Gary Esplin commented that these questions could be answered as part of the preliminary plat process, but the request before the City Council now was for a hillside permit.

Mayor McArthur commented that the applicant should not disturb any more land than he is going to develop in the phase, and that the entire project should not be graded at once.

Council Member Allen commented that if the request is granted, language should be included on the plat that the owner is aware he is building on blue clay and that the City will not be liable for this.

Community Development Director Bob Nicholson replied that notes are included on plats advising of the soils report, and a soils test is required for each home and lot.

Wayne Rogers, representing Applied Geotech Engineering, advised that the soils report tells a builder what they have to do to meet requirements. There are two areas of expansive clay that will affect about 6-7 lots at each end, and those two areas will require some sort of treatment, probably piers. These deep foundations have been successful in Santa Clara and Green Valley and have been perfected within the past few years. The piers are either made of steel or concrete drilled caissons.

Council Member Whatcott commented that on the southern end of the property there are lots with 25-40% slopes. He inquired what the cuts would look like and what was going to be done to mitigate the cuts.

Mr. Rogers replied that most of the slopes are made of sandstone and there will be fairly steep cuts that will be lined with lava rock. None of the cuts will be more than eight to ten feet deep through the building pad area, and most will be lined with rock from the site. He explained that the lots are quite deep.

Mr. Bradley explained that there will be areas of no disturbance indicated on the plat.

Mayor McArthur commented that the City would welcome donation of any surplus property.

Cary Blake, applicant, explained that he was hoping to donate frontage property for a trailhead.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit subject to the recommendations made by the Hillside Review Board and Planning Commission, a note be placed on the plat advising of the expansive soils and that the City will not be liable, no overspilling or pushing of overburden that results in a change in color of the hillside, and only one phase of land can be disturbed at a time; the entire project cannot be graded at once.

SECOND: The motion was seconded by Council Member Allen.

Council Member Whatcott advised that if a revised plan is required, it will have to go back through the Planning Commission.

AMENDED MOTION: Council Members Gardner and Allen agreed to add this stipulation to the motion.

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

NON-CONFORMING:
Assistant Planner Ray Snyder advised that the Planning Commission, at its meeting held February 8, 2005, recommended approval of a request to modify a non-conforming building/use by installing a front porch within the non-conforming front setback area. The applicant will also remove an existing garage, install a driveway on 700 South, install a paved parking lot, remove an existing driveway on Main Street, and install landscaping. The lot is zoned AP. The City?s traffic engineer did not feel a problem would be created by moving the driveway to 700 South.

Council Member Whatcott expressed concern with a driveway on 700 South because 700 South will be a busy four lane roadway.

Zach Griffith, representing the applicant, advised that he spoke with the traffic department before the site plan was done and was encouraged to create the 700 South access.

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However, he was open to having the access off Main Street, if the Council so desired.
He stated that the building would be used as an office and there would be very little activity.

Council Member Whatcott commented he would like an explanation about the driveway recommendation from the traffic engineering department.

Council Member Gardner commented that if the traffic engineer reviewed the plan and approved it, the applicant should be allowed to move forward.

Council Member Whatcott commented that while he is not opposed to the request in general, he is concerned with the driveway accessing 700 South.

Mr. Snyder advised that the existing driveway onto Main Street will be removed and the area landscaped. Mark Bradley spoke with the traffic engineer who indicates the reason he supported location of the driveway on 700 South is because stacking on Main Street would be more difficult given the present location of the driveway, and there would not be as much of an impact on 700 South. Mr. Snyder explained that the applicant is required to have five parking spaces, but has more.

MOTION: A motion to approve the non-conforming use was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Bunker.

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

Council Member Whatcott commented that while he did not want to delay the project, staff needed to be prepared and be present at City Council meetings to address questions.

Public Works Director Larry Bulloch commented that in his opinion either location had disadvantages. It would be difficult to access the business from the driveway on Main Street, but it would be a judgment call whether through traffic should be favored on 700 South. He stated in his opinion the decision should be reconsidered, as it was his impression the City Council preferred access off Main Street.

Community Development Director Bob Nicholson explained that the Main Street access would be difficult to work with because there would only be enough room on Main Street for a 13' access.

PRESENTATION OF FLOOD RELIEF FUND-RAISING BOOKS:
Council Member Gardner explained that Lon Henderson and Lyman Hafen formed a committee to put together a historic book documenting the recent flood. All funds raised from sale of the books will be used for the flood victims.

Lon Henderson explained that the minimum donation for purchase of a book is $35. He thanked Lyman Hafen, Hal Anderson, Mary Jo Hafen and Rick Hafen for their work on the book.

Lyman Hafen explained that the project was completed in a miraculous 30 day period. He thanked Nick Adams, Brian Tenney, Paragon Press, and Kelly Nyberg and Infowest for their work on the book.

Council Member Gardner explained that if the 10,000 books sell for $35 each, $350,000 will be raised. However, the average donation per book is $107, and this would raise $1,000,000 for the victims. He thanked Village Bank, Sun First Bank, Far West Bank, and State Bank of Southern Utah for donating $10,000 each to pay for publication of the book.

Mayor McArthur presented a gift to Jamie from Paragon Press on behalf of the City.

Jamie from Paragon Press gave credit to the many people who helped him complete the project in a record time and donated to the project.

Lon Henderson thanked St. George City and Santa Clara City for their help and cooperation.

Council Member Gardner explained that purchase of a book will include a DVD produced by Kelly Nyberg, Hal Hilburn and Bryce Hunt.

Leon Bowler, representing Dixie Escalante Electric, presented Lon Henderson with a check for $5,000 for the flood relief effort.

Mayor McArthur presented keys to the City to Mr. Henderson and asked him to distribute them to those instrumental in publication of the book.

PUBLIC HEARING/ANNEXATION/ORDINANCE:
Public hearing to consider annexation of 80.71 acres known as the Little Valley Farms Addition located at approximately 3200 South and east of Little Valley Road. Mike Signorelli, et al., applicant.

Community Development Director Bob Nicholson explained that staff is recommending A-1 zoning. Property to the west is zoned A-20 and property to the north is zoned A-1. The temporary zoning designation is consistent with what is currently in the area.


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Jim Raines, Bush and Gudgell Engineering, requested A-1 zoning and advised that a zone change would be applied for at a later date consistent with the General Plan. The applicant currently owns 260 acres in the area and would like to bring this 80 acres into the balance of their property.

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

MOTION: A motion was made by Council Member Orton to approve the annexation by 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 Whatcott - aye
Council Member Gardner - aye
Council Member Allen -aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to RE-20 Residential Estates on two acres located at 2350 East and 2150 South. Ben Sorenson, applicant.

Community Development Director Bob Nicholson explained that the applicant requested that the matter be continued until the next meeting.

Mayor McArthur opened the public hearing and suggested that it be continued until the next City Council meeting.

MOTION: A motion to continue the public hearing was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Whatcott.

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

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapters 2 and 10, St. George City Code, to address the maximum size of individual buildings within the C-1 Neighborhood Convenience Commercial zone.

Community Development Director Bob Nicholson explained that one of the proposed changes to the City Code is to call the C-1 zone ?Neighborhood Convenience Commercial?. The second change suggests limiting a single building in a C-1 zone to 30,000 sq. ft. The third change is to suggest a definition of single use building. The Planning Commission recommends approval.

Council Member Orton suggested that the size should be further restricted, and commented he would hate to see a 30,000 sq. ft. store on Snow Canyon Parkway.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. He suggested the matter be tabled for a site visit. He instructed Mr. Nicholson to check with other cities about similar restrictions on sizes of buildings.

MOTION: A motion to table the matter until the next City Council meeting was made by Council Member Allen.

SECOND: The matter 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 small restaurant in the Ft. Pierce Industrial Park in an M-1 zone. Mr. and Mrs. Drew, applicant.

Assistant Planner Ray Snyder explained that the applicants are building an industrial building and would like to use a small portion for a deli. It will not be a full-blown restaurant and there will not be a grease trap.

Council Member Gardner inquired if the CC&Rs allowed a use such as this.

City Manager Gary Esplin replied that the City does not enforce CC&Rs.

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

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.

CHANGE ORDER:
Consider approval of a change order to provide construction management services for the reuse treatment facility, and increase the design fee.

Water Services Director Barry Barnum explained that when the reuse plant was designed, it was anticipated that the project would require 81 sheets of design. The project actually required 114 sheets, for an increase in the amount of work at $19,200. Since Bowen Collins designed the structure and electrical, staff would like them to do the SCADA portion of the project as well. It is also proposed that Bowen Collins provide construction management services on the reuse project for $134,384 and SCADA programming at $40,013. The total amount of the change order is $193,597.

Mayor McArthur suggested that perhaps a discussion was needed in the future on the number of change orders coming to the City Council for approval. He commented that true bidding offers competition, but change orders do not.

City Manager Gary Esplin replied that bidding on a design concept is different than bidding on a quantified item, and often projects change as they progress and there are many contingencies.

Mr. Barnum explained that the total engineering and construction management cost of this project is 10.5%, and compared with the usual 15-16%, the City is getting a good bargain.

MOTION: A motion was made by Council Member Allen to approve the change order as requested.

SECOND: The motion was seconded by Council Member Bunker.

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

WATER PRESSURE DECISION:
Consider a request from Stonecliff Development for a decision on water pressure issues within the project.

City Manager Gary Esplin explained that this item is a continuation of discussion held in a work meeting regarding how to obtain the necessary water pressure to meet State fire code and other pressure issues in the Stonecliff development.

Mayor McArthur called for a five minute break.

Lowry Snow, representing the applicant, distributed materials and presented a power point presentation concerning the proposed Stonecliff booster pump station. He advised that a letter of endorsement has been obtained from Sunrise Engineering, as well as a second opinion from MWH Engineering who designed the City?s wastewater treatment plant. Both are confident the proposed booster pump station is feasible. He suggested that an additional covenant be recorded against 64 lots giving notice of the booster pump station and that they be charged an additional fee for ongoing maintenance and operation of the pump station. He explained the proposed reserve account of $50,000, and that at the end of five years or sooner if replenished by the participants, the reserve account would be returned to the developer. He also recommended that the reserve account be used not just for replacement of pumps and generators, but also for outside expertise, if necessary.

Mayor McArthur expressed concern that the rest of the citizens on gravity flow not pay for the booster pump station, and that the people benefitting from it should be paying all costs.

A discussion took place on the monthly assessment and costs of running the system.

City Manager Gary Esplin commented that there should not be any additional cost to anyone not on the booster pump system.

Mayor McArthur commented that those who will be paying for the system should be notified in writing, and because the City does not enforce CC&Rs, it must be guaranteed that the rest of the citizens in St. George do not pay for anything over the cost of the gravity system.

Lowry Snow commented that this could be accomplished with a note on the plat.

Council Member Orton inquired if the proposed monthly fee of $11.83 would be used to cover actual costs with no accumulation.

Mr. Snow replied that $40,000 would be generated every 20 years for pump replacement.

City Attorney Shawn Guzman inquired if the total monthly payment made by a citizen on the booster pump system was proposed to be $23.41 or $11.58.

Mr. Snow replied that monthly payment is proposed to be $11.58.

Lon Henderson replied that $11.83 is the annual number, and four years worth would be put in reserve.

They then reviewed costs from the hand-out.
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February 17, 2005
Page Ten

City Manager Gary Esplin commented that staff is concerned that the $50,00 to replace the pumps should remain in the account so that the City can access it. There should be some sort of trust fund established and administered by someone to pay for annual operation and maintenance costs. $50,000 should always remain in the account, and whoever holds the account should be able to draw the interest to pay for increased costs. Another fee should come to the City to cover costs above and beyond its standard costs, and City should receive these fees annually. These fees should be able to be adjusted up and down, based on the cost of administering the project. The issue for approval today is the concept. The project meets fire flow standards and satisfies state law. Another important point is that 90% of the development in the project is covered by the gravity flow system, and the City would be deviating from its normal policy to allow 10% to be served by a booster pump system, and there is adequate history in the project to see that it will be successful. He stated he preferred one yearly payment from the homeowner?s association of the maintenance fees.

Council Member Orton inquired what would happen in 13 years from now if all the funds from the account had been used and there was not enough funds for ongoing costs.

City Manager Gary Esplin replied that whatever the costs are for the system, they will be borne by the people using the system.

Council Member Whatcott expressed concern about creating additional administrative work for City employees to oversee an operation not created by the City. He stated he felt it would be simpler for the Finance Director to review every few months an escrow account which the City has the responsibility to oversee and bill the water users association who has the responsibility of collecting the monthly fees from users. He suggested that the City was going to maintain the infrastructure and should not take on the extra responsibility of collecting funds from water users; the water users association should do that, with the caveat that the City?s Finance Director make sure that the association is solvent. The citizens who are not using the booster pump system should not have to pay for the administrative costs.

Mayor McArthur commented that while the proposal sounded workable, the rest of the City should not pay to provide water to the 64 lots needing a booster pump system required to bring water pressure to the same standards enjoyed by those on gravity flow.

Lowry Snow commented that the proposed booster pump is no different than those booster pumps required in lower portions of a subdivision, and at some time the City will have to take responsibility for the booster pump system if it is going to own the infrastructure. The concept is sound and the financial surety issues relating to the transition can be worked out. It would be easier for the homeowners association to collect the fees, and from a technical standpoint, financial surety issues can be worked out and an agreement had.

City Manager Gary Esplin commented that it would be easier for the water users association to issue one check monthly for costs directly associated with the booster pump system, as as long as there is the assurance that there will be the necessary funds in the account to make repairs and for replacements.

City Attorney Shawn Guzman advised that the City Council could direct staff to develop a policy with regard to installation of these types of systems, and this policy could be adopted at the same time the request is approved.

MOTION: A motion was made by Council Member Gardner to allow the applicants to proceed, recognizing that the booster pump system is a departure from the norm, but the City Council is comfortable with it as proposed. With regard to the financing, the applicants are to come back with a proposal as to how the financial component will work. The City will have its policy available for adoption at this same time.

City Manager Gary Esplin suggested that the motion include the fact that the vast majority of residents of Stonecliff are served by a gravity fed water system.

SECOND: Council Member Whatcott seconded the motion, commenting that approval is based on the fact that the applicants already have a gravity fed system in place, and the booster pump is merely a supplement to this system.

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

Council Member Gardner commented he failed to mention how important the Spectrum was in the production of the flood relief fund-raising book.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held January 20, 2005.

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 Orton to adjourn to an executive

St. George City Council Minutes
February 17, 2005
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session to discuss litigation and property purchases.

SECOND: The motion was seconded by Council Member Allen.

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

RECONVENE:
MOTION: A motion to reconvene regular City Council meeting 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.

DISCUSSION RE 400 EAST PROJECT:
City Manager Gary Esplin explained that the 400 East storm drain project is just about complete. As the project progressed it was determined that old water and sewer lines needed to be replaced. Also, the bid contained unit prices and the need for better soil for back-fill has increased the project cost. Staff is recommending a change order to pave the whole street from Tabernacle to St. George Blvd. The City Council concurred with the recommendation.

DISCUSSION RE BLOOMINGTON RV STORAGE:
City Attorney Shawn Guzman advised that it was the City Council?s direction to clear up illegal uses within the RV storage area to see if there was space for storage of RVs belonging to non-residents of Bloomington. According to Fred Kruger, after abatement of the illegal uses, there is additional available space within the storage area.

City Manager Gary Esplin advised that the intent of the City from the very beginning has been to provide the RV storage space for the betterment of Bloomington.

Council Member Orton suggested that a meeting be held with the Bloomington Community Council to discuss the matter.

PERSONNEL CHANGE:
City Manager Gary Esplin recommended that Sherm Stebbins be transferred from the Police Department to a new position created in the City - LAN Administrator. This transfer will allow the City to take advantage of Sherm?s skills as a talented programmer.


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

SECOND: The motion was seconded by Council Member Gardner.

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




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Gay Cragun, City Recorder