City Council Minutes

Thursday, April 7,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 7, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Suzanne Allen

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The invocation was offered by Reverend Larsen of the New Covenant Christian Center. Mayor McArthur invited several Scouts in the audience to introduce themselves, after which one of them led the pledge of allegiance.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming April 7, 2005 as Nate Nugent day in the City. He then presented Mr. Nugent with the proclamation and congratulated him on his success in the Special Olympics program.

Kent Perkins presented Mayor McArthur with an award and advised that the City was recently honored by the Utah Recreation and Parks Association as having the outstanding Parks and Recreation Department in the State of Utah in 2005 in the category of cities with a population of 50,000+.

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

City Manager Gary Esplin explained that all funds were doing well except for the Golf Course Fund due to flood-related damage.

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

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 BLANKET CONTRACT:
Consider award of bid for poly phase solid state demand meters.

Purchasing Agent Sue Swensen recommended award of a blanket contract for purchase of the meters from the sole source supplier, Codale Electric, in the amount of $45,000 for the year.

MOTION: A motion was made by Council Member Orton to award the blanket contract to Codale Electric in the amount of $45,000 for the year.

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 Millcreek 138 kV line materials.

Purchasing Agent Sue Swensen presented the bids received:

Western States $173,459.50
Riter Engineering $ 61,230.54
Northern Power $177,540.48
Codale Electric $187,047.00

She advised that the Riter Engineering bid was incomplete and that the second low bidder, Northern Power, who is a local vendor, was contacted to see if they would meet the low bid submitted by the non-local vendor, Western States. Northern Power agreed to meet the low bid in the amount of $173,459.50. She recommended award of the bid to Northern Power in the amount of $173,459.50.

MOTION: A motion was made by Council Member Gardner to award the bid to Northern Power in the amount of $173,459.50.

SECOND: The motion was seconded by Council Member Orton.

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


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April 7, 2005
Page Two

AWARD OF BID:
Consider award of bid for crushing at the reuse center.

Purchasing Agent Sue Swensen explained that only one bid was received - from Progressive Contracting, Inc. in the amount of $100,000. She recommended award of the bid to Progressive Contracting in an amount not to exceed $100,000 for the year.

MOTION: A motion was made by Council Member Orton to award the bid to Progressive Contracting in an amount not to exceed $100,000 for the year.

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 a Millcreek & Tanner ditch splitter.

Purchasing Agent Sue Swensen explained that the project consisted of removing a splitter structure and replacing it with a new system. Three bids were received, as follows:

Upwall Construction $92,625
Cindy Taylor Trucking $74,815
Terry Brotherson Exc. $68,750

She recommended award of the bid to the low bidder, Terry Brotherson Exc., in the amount of $68,750. She explained that a ditch splitter splits water in two different directions.

Irrigation Division Manager Frank Kell explained that a ditch splitter is a measuring device, and the low bid is within the estimate.

MOTION: A motion was made bye Council Member Whatcott to award the bid to Terry Brotherson Exc. in the amount of $68,750.

SECOND: The motion was seconded by Council Member Gardner.

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

AWARD OF BID:
Consider award of bid for the annual safety sidewalk project.

Purchasing Agent Sue Swensen advised that only one bid was received - from BT Builders in the amount of $35,642.47. The scope of the project is from 350 North to 450 North on the west side of Bluff Street. She explained that safety sidewalks allow for ramps for wheelchair access.

MOTION: A motion was made by Council Member Gardner to award the bid to BT Builders in the amount of $35,642.47.

SECOND: The motion was seconded by Council Member Bunker.

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

RESOLUTION:
Consider approval of a resolution authorizing the issuance and sale of not more than $19,000,000 aggregate principal amount of electric revenue bonds, Series 2005, of the City of St. George, Utah; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters.

City Manager Gary Esplin explained that the City is building a generation facility in the Millcreek Industrial Park and is funding the construction with in-house funds. Staff would like to proceed with issuance of bonds to take advantage of the interest rates. Approval of the resolution would allow the parameters of the bond, up to $19,000,000, to be established.

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

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 Orton - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.



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April 7, 2005
Page Three

RESOLUTION:
Consider approval of a resolution abandoning a utility and drainage easement located along a portion of Lots 24 and 25 of the Parkside, Phase II Subdivision. Thomas Bunker, applicant.

City Manager Gary Esplin explained that approval of the abandonment will resolve an encroachment issue which requires a lot line adjustment. The owner of the property will dedicate all necessary easements. Staff recommends approval.

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

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of off-premise beer licenses for four Maverick stores. Michael Val Call, applicant.

City Manager Gary Esplin explained that there has been a change in Maverick corporate officers which necessitates a new holder of the beer licenses. Mr. Call?s application has been reviewed and is in order.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

POWER MARKETING SERVICE AGREEMENT:
Consider approval of a power marketing services agreement with PPM Energy.

City Manager Gary Esplin explained that the agreement will help provide the City with flexibility to buy and sell power.

Energy Services Director Phil Solomon explained that staff has tried to do a better job of planning its resources, and there are times when the City is short of power during certain hours and has been a captive of the UAMPS market. Staff has looked at ways to enhance the market, and PPM Energy is a company which provides these services.

John Maloney, representing PPM Energy, explained that PPM is owned by Scottish Power and is a sister company to Pacificorp. PPM is a developer, trader, and holder of transmission throughout the nation, but primarily in 11 western states. The proposed agreement is a master services agreement in which PPM will offer coordination and oversight of the City?s electric schedules and act as a counter-party with the City to trade with them, and buy and sell power. PPM has access to more than local municipalities and will bring the City in contact with participating entities throughout the west at prevailing market prices.

Mr. Solomon explained that the cost is fixed per megawatt hour.

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

SECOND: The motion was seconded by Council Member Orton.

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

QUIT-CLAIM PROPERTY:
Consider approval to quit-claim a piece of park property to Cary Blake.

City Manager Gary Esplin explained that the Blake family donated the park property to the City. A home was built adjacent to the park, and the wall has encroached on park property. Since the Blake family donated this property, staff feels the City should deed back the 3.5' x 67' piece of property as it will not disrupt the City?s plans for the park.

MOTION: A motion was made by Council Member Gardner to quit-claim the property to Mr. Blake.

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 HEARING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended that a public hearing be scheduled for May 5, 2005 at 5:00 p.m. to consider (1) an amendment to a development agreement associated with a C-2 zone

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April 7, 2005
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known as the Fawson property to allow access on and off 700 West, a carwash associated with a convenience store and gas station, and review of the proposed site plan and building elevations at the southeast corner of the intersection of Bluff Street and Diagonal; and (2) a request to amend Title 10, Chapter 13, St. George City Code, to allow an alternate member of the Hillside Review Board to be appointed.

MOTION: A motion was made by Council Member Orton to set the public hearing as recommended by 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.

FINAL PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the final plat for Crossroad Center at McArthur Landing Phase 2 with 16 commercial units located off Riverside Drive and River Road. He explained that the applicants propose individual sales of the office spaces, and the parking lot will be completed before issuance of a Certificate of Occupancy.

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

SECOND: The motion was seconded by Council Member Orton.

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 March 22, 2005, recommended approval of the preliminary plat for Southgate Views subject to the stipulations contained in the hillside development plans and to provide maintenance access to the retaining walls, or a combination of retaining wall type with approval by staff.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendations of 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.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the preliminary plat for Meadow Valley Estates Phase 4.

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

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 March 22, 2005, recommended approval of the preliminary plat for Canterbury Court.

Kevin Ence explained that he has agreed to install curb, gutter, sidewalk, and a section of street asphalt between this plat?s northern limits and the southern limits of the church property where an area of approximately 50' to 75' would otherwise be incomplete.

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.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the preliminary plat for Crimson Shadows Amended Phase I subject to (1) complying with the development agreement and deed restriction; and (2) the finished grade to have a similar grade with the adjacent properties.

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



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April 7, 2005
Page Five

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of a hillside development permit for The Pointe at Sunbrook Phase 2 subject to the recommendations of the Hillside Review Board, as follows: (1) A preliminary grading design be provided to staff for the extension of Emeraud Drive from where the road leaves the phase; (2) a landscape plan for cuts and fills for the entire phase; and (3) determine whether the shown 40% slope near the extension of Emeraud Drive is man-made.

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

Council Member Whatcott suggested that the City Council take a field trip to the site, as it was hard to get an accurate perspective of the site from the pictures presented.

Mayor McArthur commented that the 40% slope was man-made.

Council Member Bunker suggested the matter be tabled until a site visit could be made.

MOTION WITHDRAWN: Council Member Gardner withdrew his motion.

MOTION: A motion was made by Council Member Bunker to table the item until a field trip could be made to the site.

SECOND The motion was seconded by Council Member Orton.

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 March 22, 2005, recommended approval of a hillside development permit for the Stone Cove Subdivision revised. Mr. Bradley explained that as discussed in a recent work meeting, as a compromise for a cut that did not comply with the construction drawings, the developer has designated ?no disturb? area to protect petroglyphs on the site.

MOTION: A motion was made by Council Member Orton to approve the hillside development permit, ratifying what was discussed at the work meeting.

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Whatcott commented that it was frustrating to have to compromise with the developer in order to get him to preserve petroglyphs which should be preserved in the first place.

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 R-1-10 Single Family Residential to AP Administrative and Professional Office on one acre located on the south side of Foremaster Drive and west of 1450 East Circle. David Blake, applicant.

Community Development Director Bob Nicholson explained that approval of the zone change will add one acre to the existing five acre AP zone and consist of two new buildings. The proposal is to replicate a three story building now, with a later building limited to two stories.
City Manager Gary Esplin stated that the City Council has the option of requiring a traffic study, if desired.

Mr. Nicholson replied that a traffic study was done for phase 1 of the project.

Mayor McArthur opened the public hearing.

Mr. Williams, a resident of Meadowcreek, expressed concern that the area is being over-commercialized, and he suggested cutting back the plan to one building.

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

Community Development Director Bob Nicholson reviewed four points contained in the development agreement: (1) the height of the two buildings will be reviewed by the Planning Commission and City Council pursuant to City Code; (2) the setback from the westerly property line is 40'; (3) the grade of the westerly building shall be a minimum of 3' below grade of the property fronting on Foremaster Drive; and (4) landscaping to be consistent with Phase 1.

City Attorney Shawn Guzman advised that the City Council can require off-site improvements for traffic. If a traffic study shows that the project will create too much traffic, the City Council has the ability to require improvements for traffic movement, or limit square footage of the buildings.

Mr. Nicholson commented that if the City Council has concerns about traffic generated by the number of buildings, it would be better to table the zone change because once it is approved, the applicant will have the rights and privileges as allowed by the zoning. He commented

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April 7, 2005
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that the development agreement in effect creates a PD zone, with a plan to do a three story building to a height of 50', and a smaller second building.

City Manager Gary Esplin suggested tabling the matter until the applicant was present.

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

SECOND: The motion was seconded by Council Member Bunker.

Council Member Gardner stated it would be helpful to see the overall master plan for the area.

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

REQUEST TO BUILD WITH SEPTIC TANK:
Consider approval of a request to build on an existing lot in Little Valley utilizing a septic tank. Jeff Barlow, applicant.

City Manager Gary Esplin explained that because of concurrency and a lack of sewer service, this request has been brought to the City Council for approval. The request meets the requirement as it is a five acre parcel, and as long as there is a dedication for road improvements. The property is located behind Kent Bentley?s subdivision and will require an extension of roadway to 3670 South. The applicant will have to provide a 25' road dedication. He has agreed to hook to the sewer line when available.
Community Development Director Bob Nicholson commented that the applicant will install a dry sewer now in preparation for the time when a sewer connection is available.

Jeff Barlow, applicant, explained that a perc test had been done, the road dedication is in the process, and he will hook onto the sewer when it is available.

City Manager Gary Esplin explained to Mr. Barlow that the road improvements will be required at the City?s discretion.

Mr. Barlow agreed that he would install the road improvements when the City required him to do so.

MOTION: A motion was made by Council Member Gardner to approve the request subject to a 25' road dedication by the applicant, road improvements when required by the City, and hooking to the sewer when available.

SECOND: The motion was seconded by Council Member Orton.

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

ART PROGRAM REVISIONS:
Consider approval of revisions to the Public Art Program.

Leisure Services Director Kent Perkins explained it is recommended that the number of members of the Pioneer Center for the Arts Board be increased from five to seven members.
Members of the board recommend which pieces of art to install along the water walk, and will follow a well laid-out process to evaluate the art. He then reviewed the proposed policy.
He explained that it is difficult to get all five members of the Board to attend the Board meetings on a regular basis, and it is hoped that by increasing the number of members to seven, that there will be at least five at every meeting. It is also hoped that the new members will bring a historical aspect to the board and expand its expertise.

MOTION: A motion to approve the revisions 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.

EXTEND WATER LINE:
Consider approval of an agreement to extend a water line being installed by Escalera Subdivision.

Scott Taylor, Water Quality and Resources Engineer, explained that the Escalera Subdivision is located off Highland Drive east of Forest Park, and as improvements are being installed for the subdivision, staff recommends that the water line be extended to complete a pressure zone tie-in.

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

SECOND: The motion was seconded by Council Member Orton.

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

INTRODUCTION OF SCOUT:
Mayor McArthur invited a Scout in the audience to introduce himself.


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April 7, 2005
Page Seven

INTERFUND LOAN AGREEMENT:
Consider approval of an interfund loan agreement.

City Manager Gary Esplin explained that a loan of up to $12 million between the Wastewater Treatment Fund and Energy Services is needed to continue funding of the generation plant.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

CONTRACT:
Consider award of a contract for maintenance management software.

Jim Cook, Technology Services Division Manager, explained that several departments have been looking for maintenance management software. The City has invested a lot in building its GIS Department, and the proposed software is GIS centered and will work off the GIS database. The provider has agreed to sell the City a City-wide site license for the same cost
as originally proposed for the Water Department. It is estimated that the City will save $150,000 to $200,000 over three years in software that would have been bought. The provider has agreed to maintenance and support costs no matter how many City departments are brought on, and will evaluate the cost at the end of a three year period and a new agreement can then be negotiated.

MOTION: A motion was made by Council Member Whatcott to award the contract to Azteca Systems.

SECOND: The motion was seconded by Council Member Orton.

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

DONATION AGREEMENT:
Consider approval of a donation agreement with Andy and Laura Lytle.

City Manager Gary Esplin explained that the subject property is located along River Road. The Lytles would like the City to accept the dedication in the form of a donation so they can pursue a tax credit. He recommended approval.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

AGREEMENT:
Consider approval a professional services agreement with Carter Burgess Inc. for construction management of the Riverside Drive extension project.

Roger Bundy, Project Manager, explained that the agreement in the amount of $230,958 for engineering services is based on an estimated amount of time needed. The amount of the contract is 10.5% of the contract amount with the contractor and well within the normal range expected. He recommended approval of the contract based on hourly rates up to the amount of $230,958. If the amount is exceeded, it will be brought back to the City Council for approval. However, he did not expect that additional time would be needed as the contractor is moving well ahead of schedule.

Council Member Whatcott inquired if a large metal pole which appeared to be affecting the road alignment could be moved.

Mr. Bundy replied that the road was designed to go around the pole because of the major cost involved to relocate the pole.

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

SECOND: The motion was seconded by Council Member Bunker.

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

CHANGE ORDER:
Consider approval of a change order for installation of a 24" ductile-iron water line and associated valves and fittings throughout the length of the Riverside Drive extension project.

Project Manager Roger Bundy explained that in relation to the project, adjacent landowners approached the City about having utilities stubbed out of the roadway and a water main installed along the road. The landowners are willing to pay for a share of the cost of the line. The cost to place a 24" line the length of the project is $707,565.90, and the landowners have agreed to pay $136,926.97 for an 8" line to run half the length. Water Services funds will pay the remainder of the cost. The landowners also propose to put in sewer stubs at a cost of $37,841.30. This will increase the project amount by 30% and the contractor has asked for an additional 25 days to finish the project, but expects to finish within the original

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April 7, 2005
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contract time. They will deposit their money with the City up front, and if costs exceed the expected amount, they will be assessed more. This provision will be included in the agreement. The net cost to the City is $570,638.93.

Water Services Director Barry Barnum explained that the line is essential to handle growth in the area, and the City would have to install it anyway sooner or later. A small line in a difficult area to maintain will be abandoned.

MOTION: A motion was made by Council Member Whatcott to approve the agreement in the amount of $707,565.90.

SECOND The motion was seconded by Council Member Orton.

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

AGREEMENT:
Consider approval of a professional services agreement with Rosenberg Associates to act as consultant for the installation of the temporary Valley View bridge.

City Manager Gary Esplin explained that the agreement amount is for $48,500, which will be paid by a combination of funding from the City, state and FEMA.

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

SECOND: The motion was seconded by Council Member Orton.

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

AGREEMENT:
Consider approval of a safety sidewalk cooperative agreement.

City Manager Gary Esplin explained that this is a standard state agreement to continue a project the City has been working on for years.

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

SECOND: The motion was seconded by Council Member Bunker.

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

AGREEMENT:
Consider approval of an interconnection agreement with Questar Gas to allow the City to interconnect with the high pressure gas pipeline.

City Manager Gary Esplin explained that the connection is to the new generation plant at a cost of $307,000.

City Attorney Shawn Guzman explained that Questar will not guarantee higher pressure predicated upon the City using a designated amount of gas, but will provide a minimum amount of pressure only, and the City has no choice in the matter.

Energy Services Director Phil Solomon explained that Questar is not willing to guarantee more than 125 psi, while the City needs 250 or more. The City is making provisions at the power plant to handle the pressure if it drops.

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

SECOND: The motion was seconded by Council Member Gardner.

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

AGREEMENT:
Consider approval of an assignment agreement for the San Juan generation facility.

City Manager Gary Esplin explained that the City is negotiating a divorce from the project with UAMPS. Approval of the agreement will allow the City to assign its portion of the project to Lehi City, Payson and Springville.

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

SECOND: The motion was seconded by Council Member Bunker.

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

AGREEMENT:
Consider approval of a termination agreement with UAMPS for the Hunter II generation facility.

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

SECOND: The motion was seconded by Council Member Whatcott.


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April 7, 2005
Page Nine

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

CONTRACT:
Consider approval of a professional services contract with Rosenberg Associates for technical services for surveying and site work at the Millcreek power project.

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

SECOND: The motion was seconded by Council Member Orton.

Council Member Whatcott inquired of Energy Services Director Phil Solomon if it was expensive to move the power pole on Riverside Drive.

Mr. Solomon replied that removal of the pole would change the alignment of the rest of the line, and all the others would have to be moved too.

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

ORDINANCE:
Consider approval of an ordinance amending Title 3, Chapter 3, St. George City Code, Alcoholic Beverages, to create a Class EE license for significant hotels/convention facilities.

City Manager Gary Esplin explained that staff?s recommendation is to go with a requirement of 130 rooms and 4,000 sq. ft. of meeting room space.

City Attorney Shawn Guzman explained that a finding has been made that 4,000 sq. ft. has been determined to be the minimum square footage that would qualify as convention or meeting space. The proposed ordinance also requires that a hotel/convention facility cannot have a separate entrance from the outside of the facility, and patrons would have to enter the hotel in order to enter the private club. He explained that previously Class E licenses were available based on one per 15,000 residents. The City Council has determined that for the new Class EE license and the old Class E license, they would like to change from one license per 15,000 residents to one license per 20,000 residents. This would not reduce the number of licenses issued because the City will now be issuing up to three new Class EE licenses for hotel/convention facilities.

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

SECOND: The motion was seconded by Council Member Gardner.

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

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held March 10, 2005.

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

SECOND: The motion was seconded by Council Member Orton.

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

Consider approval of the minutes of the regular City Council meeting held March 17, 2005.

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

SECOND: The motion was seconded by Council Member Orton.

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 March 24, 2005.

MOTION: A motion was made by Council Member Orton 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.

The meeting then adjourned to the conference room.

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April 7, 2005
Page Ten

Chief Marlon Stratton updated the Mayor and City Council on recent robberies.

The bidding process was briefly discussed.

Use of the 3rd floor of the Arts Center for fund-raising events was discussed.

Marketing efforts for the dinosaur museum were discussed.

The meeting then adjourned.



____________________________________
Gay Cragun, City Recorder