City Council Minutes

Thursday, October 6,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 6, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order, welcomed all present, and led the pledge of allegiance. The invocation was offered by Reverend Alex Wilkey.

AWARD OF BID:
Consider award of bid for the purchase of two trucks for the bike patrol.

City Manager Gary Esplin explained that local vendors were invited to bid, but only one bid was received from a local vendor. Staff recommends award of the bid to the low bidder, Ken Garff Ford, through the state contract in the amount of $44,459.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Ken Garff Ford, in the amount of $44,459.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ABANDONMENT ORDINANCE:
Consider approval of an ordinance abandoning a portion of Indian Hills Road.

City Manager Gary Esplin explained that in settlement of an SID dispute, it is recommended that an old portion of Indian Hills Drive be abandoned to the adjacent property owner per City policy.

MOTION: A motion was made by Council Member Gardner to approve the abandonment by ordinance.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

RESOLUTION: Consider approval of a resolution abandoning a utility easement between Lots 2 and 3 of the John Campos Subdivision. Bracken Homes, applicant.

City Manager Gary Esplin advised that no objections to the abandonment had been received and staff recommends approval.

MOTION: A motion was made by Council Member Orton to approve the abandonment by ordinance.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning a utility easement for a lot line
adjustment between Lots 3 and 4A of the Watson Subdivision. Stan Winward, applicant.

City Manager Gary Esplin explained that the subject property is located west of Hansen Stadium, no objections to the abandonment have been received, and staff recommends approval.

MOTION: A motion was made by Council Member Gardner to approve the resolution.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution adopting the Integrated Resource Plan for the Energy Services Department.

City Manager Gary Esplin explained that a public hearing was previously held, and adoption of this resolution is required by WAPA in order to allow the City to use some of their power resources.

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October 6, 2005
Page Two

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the slurry seal project.

City Manager Gary Esplin explained that four bids were received, as follows:

M&M Asphalt $157,265.57
Kilgore Paving $169,804.43
American Asphalt & Grading $181,947.41
Intermountain Slurry Seal $124,124.01

He recommended award of the bid to the low bidder, Intermountain Slurry Seal, in the amount of $124,124.01. He explained that the annual maintenance program covers every street in the City.

Steve Perry explained the difference between chip seal and slurry seal, and that the computer determines which process should be used on which roads based on a yearly analysis.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Intermountain Slurry Seal, in the amount of $124,124.01.
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 purchase of 15,000 single phase Itron AMR meters.

Dennis Jorgensen explained that in an effort to expedite the City?s program of changing out old meters for automatic meter reading, it is recommended that this purchase be made.

City Manager Gary Esplin explained that capital funds can be used for this purpose.

Mr. Jorgensen commented that purchase of the 15,000 meters will take care of changing out all the remaining meters in the City.

MOTION: A motion was made by Council Member Gardner to approve purchase of the 15,000 meters.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

BEER LICENSE:
Consider approval of a beer license for the former Terry?s Stop N Shop. Petroleum Wholesale, John Cook, applicant.

City Manager Gary Esplin explained that the background check was clear, and staff recommends approval.

MOTION: A motion was made by Council Member Bunker to approve the beer license.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

BEER LICENSE:
Consider approval of a beer license and local consent for a restaurant liquor license for Gimme Sum. Mary Margaret Villamor, applicant.

City Manager Gary Esplin explained that the background check was clear, and staff recommends approval.

MOTION: A motion was made by Council Member Whatcott to approve the beer license and local consent.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SIGN VARIANCE:
Consider approval of a sign code variance to allow a sign to extend above the parapet wall at the Red Hills Suzuki car lot at 116 W. St. George Blvd. Dave Listul, Red Hills Suzuki, applicant.

City Manager Gary Esplin explained that the Council denied the applicant?s request for a variance at a previous meeting, but the applicant has since come up with a different design for the Council?s consideration.

Mr. Listul displayed three different designs, and asked for approval of one of them.

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October 6, 2005
Page Three

MOTION: A motion was made by Council Member Orton to approve design no. 3.
SECOND: The motion was seconded by Council Member Allen.

Council Member Bunker stated she hated to see something approved that would set a precedent.

Enforcement Officer Brad Young advised that the sign design violates both the old and new ordinance.

City Manager Gary Esplin commented that the applicant could do something that was less attractive and meet the existing ordinance, and the new design is a compromise.

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

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Bunker - no

The motion carried.

ORDINANCE:
Consider approval of an ordinance amending the Riverwood Phase 4 plat.

City Manager Gary Esplin explained that a public hearing was held and closed at the last City Council meeting. Action was tabled in order to see if an amendment to the plat could be worked out that would allow the City to purchase the flooded properties and remove them from the plat. After meeting with the flood fund-raising group and property owners, it was his recommendation to move forward with the plat amendment, allow the boundary adjustment to be made, and allow the applicant?s project to move forward.

MOTION: A motion to amend the plat by ordinance was made by Council Member Gardner.
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 Allen - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a downtown Christmas event. Retail Association Downtown (RAD), applicant.

Marc Mortensen explained that the applicants would like to hold a street fair every Friday night from November 25 through December 23 in the same area as the downtown Thursday night events are held. Staff has concerns about traffic control, the security plan, and the level of sponsorship. The applicants are also asking the City to waive the fees.

An unidentified woman from the St. George Musical Theater introduced a group of boys who then sang a song.

Casey Davis, Moqui Outdoor Sports, and a representative of RAD, explained that major sponsors include Village Bank, the Spectrum, and Bonneville Communications. He then explained the goals of the event, and advised that the Dove Center has been chosen to be a recipient of donations. He reviewed the calendar of events, and requested permission to hang three banners across Main Street. He then distributed a budget for the event.

Council Member Whatcott inquired if the wedding reception business was a member of RAD, and how they felt about the proposal.

An unidentified woman explained that the wedding reception business owner is not a member of RAD, but that RAD members would not be opposed to a limousine pulling right up to the door of the business during the Christmas event, and RAD was willing to do all it could to make it work.

An unidentified man from McArthur?s Jewelers commented that there may be only four parking spaces available in front of the wedding reception business at any given time in any event.

Mr. Davis explained that the goals of the Christmas event are different than those of the downtown Thursday night events.

An unidentified man, representing the La Soiree restaurant, stated that RAD feels the two groups can work together. He stated the carnival street fair on Thursday nights is a deterrent to restaurant clientele and has caused problems including vandalism.

City Manager Gary Esplin advised that staff will be coming to the City Council for a discussion on what to do with the downtown Thursday night events. It is staff?s recommendation that the Thursday night events be discontinued while the Christmas events on Friday nights are going on. The City has funds through the Redevelopment Agency to help with the Christmas events, and he recommended approval.


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October 6, 2005
Page Four

MOTION: A motion was made by Council Member Orton to approve the special event permit.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Escalera Subdivision Phase 3 located at 1900 East and approximately 1150 North. Milo McCowan, applicant.

Associate Planner Mark Bradley explained that the plat has varied from the hillside development permit because of site distance and lay of the land. The Planning Commission recommends approval, with open space to be donated to the City instead of being made a part of the lots.

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

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.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Kachina Springs East Phase 2 located off Entrada Trail on the east side of Snow Canyon Parkway. Richard Allen, applicant.

Associate Planner Mark Bradley explained that the plat has been amended and extended. The applicant would like to add ten single family detached patio home sites and the City Council must determine whether this is a significant change to the master plan. The original approval was for 70 single-family detached patio homes with a proposed total of 80 patio home sites. The Planning Commission recommends approval and finds that the change is not significant.

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

MOTION: A motion was made by Council Member Bunker to determine the change is not significant and 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.

PUBLIC HEARING/LANDMARK DESIGNATION:
Public hearing to consider designation of the home at 210 South 300 West as a landmark site. Debra Bryant, applicant.

Community Development Director Bob Nicholson explained that the Preservation Commission recommended approval. He explained that the home was built by noteworthy pioneer craftsman John Mathis and the present configuration is a good example of a bungalow style home.

Council Member Gardner asked that commercial use of landmark sites be addressed.

Mr. Nicholson replied that additional criteria for landmark homes will be added, but at present there is not a lot of criteria. The City will base its new criteria on the Provo City model.

Council Member Bunker suggested that a book be published on each of the landmark homes and why they qualified for the historical register.

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

MOTION: A motion was made by Council Member Bunker to approve the landmark site designation by resolution.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLATS:
Public hearing to consider approval of the preliminary plats for Sun River Phases 22, 23 and 24, located on the south side of Sun River Parkway and North Country Club Drive extension. Darcy Stewart, applicant.

Associate Planner Mark Bradley explained that there were a total of 112 patio home sites. The Planning Commission recommends approval with a stipulation on the wall locations and height.

Council Member Whatcott commented that in phase 22 there are five units per acre, and inquired if this met the low density designation for this property.

Mr. Bradley replied that the overall master plan meets the low density designation. He clarified that two phases are inside the original Sun River area and can bu built with the original setbacks. The phases outside the original area will comply with increased setbacks.

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October 6, 2005
Page Five

Mayor McArthur opened the public hearing.

Ed Baca commented that continued growth places a burden on City services, and he inquired if property had been acquired for a fire station in this area.

Mayor McArthur replied that originally Sun River had offered property for a fire station, but has since decided to use the planned location for other purposes and locate the fire station further away which does not fit the City?s plans. At the present time Sun River is not accommodating the City?s request for a fire station site.

City Manager Gary Esplin commented that the City will have to purchase a site and is actively looking for a site in the area.

Council Member Orton commented that the Sun River area is currently served by the Bloomington fire station, which is as close to Sun River as other fire stations are to other populated areas throughout the City.

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

MOTION: A motion was made by Council Member Orton 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.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Snowfield Estates located at the proposed intersection of Valley View Drive and Stonebridge Drive. Jeff Rogers, applicant.

Associate Planner Mark Bradley explained that the deceleration lane off Valley View Drive has been planned, and northern portion of the project has been planned with R-2 lots for duplexes or single family homes. Single family lots are located on the south side of the project, similar to other projects along Stonebridge Drive. The Planning Commission recommends approval with stipulations on wall locations and height to meet City standards, and a homeowners association be established to maintain the landscape strip along Stonebridge drive and Valley View Drive.

Council Member Bunker inquired if the road going south could be realigned to alleviate the blind area.

Mr. Bradley replied that the road as planned meets site distance and speed standards.

City Manager Gary Esplin commented that if a problems developed due to the road location, turns could be restricted to right in and right out only, or a median could be built.

Mayor McArthur opened the public hearing.

Ryan Jolley, Alpha Engineering, explained the background of the roadway and stated there was sufficient site distance. The applicants, however, do not want to form a homeowners association and request that the City maintain the landscape strips within the right-of-way.

City Manager Gary Esplin replied that staff?s recommendation is that a homeowners association be created as the City cannot afford to maintain landscape strips throughout the entire City.

Jeff Rogers, applicant, requested that the City maintain the landscape strip in exchange for property which had to be used for the roadway and disrupted his original plans for the project.

City Manager Gary Esplin replied that staff is trying to be consistent in its recommendation that any landscape strip on the outside of a project?s walls be maintained by a homeowners association.

Jeff Rogers requested that the preliminary plat approval not be made subject to formation of a homeowners association at this time, and suggested that the issue could be decided at a later date.

City Manager Gary Esplin replied that this decision would have to be made before final plat approval.

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

MOTION: A motion was made by Council Member Orton to approve the plat, with no decision on maintenance of the landscape strip at this time.
SECOND: The motion was seconded by Council Member Allen.

Council Member Bunker inquired why it was necessary to have a street connecting Dixie Drive and Valley View Drive.

City Manager Gary Esplin replied that the street was needed for connectivity.

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

Mayor McArthur called for a brief break.

MOBILE CATERING LICENSE:
Consider approval of a mobile catering license for an ice cream truck. Dixieland Ice Cream & More, applicant.
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October 6, 2005
Page Six

City Manager Gary Esplin stated that staff recommended approval.

MOTION: A motion was made by Council Member Gardner to approve the license.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 27, 2005, recommended that a public hearing be scheduled for November 3, 2005, at 5:00 p.m. to consider a zone change request from R-1-10 to C-3 on .81 acres located at the northwest corner of 2720 East Street and 850 North Street intersection. An adjustment has been made to the amount of acreage since the Planning Commission meeting, and it now totals 1.9 acres.

MOTION: A motion was made by Council Member Orton to schedule the public hearing as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 27, 2005, recommended approval of the final plats for Harvest Hills, Boulder Springs Villas Phase 2, Twin Creeks at Stonebridge Phase 2, The Cliffs of Snow Canyon Plat G, The Cliffs of Snow Canyon Plat I, and Artesia Terrace.

MOTION: A motion was made by Council Member Gardner to approve the final plats and authorize the Mayor to sign the plats.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

LOT SPLIT:
Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held September 27, 2005, recommended approval of a lot split to divide a parcel of land into two parcels to create a commercial hotel site at 152 East Riverside Drive subject to their standard conditions: (1) provide separate deeds for each parcel, (2) provide the City with separate legal descriptions for each parcel, (3) provide a utilities and drainage easement, (4) the City Engineer will review the cross access agreement which shall be recorded by the applicant and a copy provided to the City, and (5) all documents shall be submitted to the Legal Department for review. Traffic engineering conditions include the installation of a deceleration lane.

MOTION: A motion was made by Council Member Gardner to approve the lot split subject to the recommendations of the Planning Commission and traffic engineer.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to erect a 50' high pole with antennas and construct a communications equipment shelter in an R-1-10 zone located between the Serenity Hills Subdivision and Stone Cliff Subdivision on the ridge line of Schmutz Hill. Russell Bateman, applicant.

Assistant Planner Ray Snyder explained that the applicant has had difficulty obtaining access to his property. There are also mitigation issues with regard to a hillside cut. The Planning Commission recommends approval with the stipulation that the applicant have a plan for mitigation of the cut. Staff recommends the following mitigation measures: (1) stain the rock on the southern side of the existing dirt cut hillside road to blend with the natural color of the rock hillside, (2) remove the dirt mound at the hairpin curve at the bottom of the roadway, (3) remove the storage building and all other storage items adjacent to it before residences are constructed, and (4) spray the vertical cut wall behind the storage building to match the natural hillside.

Mr. Bateman explained that the old tower will be removed. The proposal is to install a nice looking building with new technology. The site is being cleaned up, and he was forced to cut a road to his business because there was no other access. The plan is to eventually have several R-1 residential lots as soon as there is access. He stated the cost of staining the rock was more than he could afford.

Community Development Director Bob Nicholson advised Mr. Bateman that Doug Rogers has developed a recipe for a cheaper stain.

Mr. Guerisoli, representing Mr. Bateman, explained that the proposed mitigation relates specifically to the use being proposed which is the same use which has been in existence long before now, and to impose conditions on the road is not proportional to the use being requested.

City Manager Gary Esplin stated that the hillside ordinance has been violated, and there must be remediation. While this may not be tied to the conditional use, it is tied to the property and must be addressed.

City Attorney Shawn Guzman stated that the use would not be available if the cut into the hillside had not been made and should be addressed with the conditional use.

Mr. Guerisoli stated that if Mr. Bateman?s original access had been protected, the hillside cut would not be an issue. He simply wanted to maintain the facility he had prior to the Stonecliff development.


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October 6, 2005
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Mayor McArthur inquired of Mr. Bateman if he was willing to clean up the site.

Mr. Bateman replied that he had no problem doing so.

Mr. Guerisoli stated that any conditions imposed on a conditional use permit had to be related specifically to the detriment caused by the use. The road could not be a detriment because it has been in existence since 1994.

Mayor McArthur replied that the road was an issue because it was altered and a new cut into the hillside was made three years ago. However, the issues can be separated if desired by the applicant, but there was a violation of the hillside ordinance.

City Attorney Shawn Guzman advised against separating the issues, commenting that the only way to use the property is to traverse the road which violates the hillside ordinance.

Mr. Bateman commented that the City should have protected the small business man by not letting a road built by the county be privatized.

City Manager Gary Esplin explained that the agreement at that time was that the roadway would be built, and if Mr. Thomas wanted access, he would have to build his own road or wait until it was constructed to his property.

Community Development Director Bob Nicholson advised that there are three processes for staining rock, and since the area to be mitigated by Mr. Bateman is not large, it should not be expensive.

Mr. Guerisoli explained that Mr. Bateman?s objective is to use the road because he does not have other access. There is no proposed change of use to the road. However, he did not want to agree to the conditions if the cost was going to be astronomical.

Dave Albertson, representing Ubiquitel, explained they are a small organization with 450 employees, and the proposal provides a unique opportunity to clean up the area as well as improve coverage.

Mayor McArthur suggested that the matter be tabled for two weeks in order to ascertain a cost for staining the rocks.

Mr. Guerisoli advised that his client would like the storage facility on the bottom of the property to remain for his use until the property can be developed as residential.

MOTION: A motion was made by Council Member Gardner to table action for two weeks.
SECOND: The motion was seconded by Council Member Whatcott, who commented that within that two weeks the applicant will need to find out what the cost is to fix the problem.

Council Member Orton agreed, commenting that the applicant caused the problem and should figure out how to remedy it.

Mr. Snyder explained that the lower property is accessed by a 12 ft. easement, and this might not be enough room to remove the trailer when the homes are built.

Mr. Guerisoli commented that the storage facility at the bottom of the property was a non-conforming use since 1981 and the applicant should be allowed to continue to use it.

Mr. Esplin advised that staff would meet with the applicant to help determine the square footage which needed to be stained.

Mr. Nicholson stated he would provide the applicant with phone numbers of stain suppliers.

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

AMENDED MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to mitigation of the hillside cut, and allowing the trailer at the bottom of the property to remain. If the applicant can determine what mitigation is required and proceed, he will not have to come back before the City Council.

SECOND: The amended motion was seconded by Council Member Whatcott, commenting that while the trailer can remain, the rest of the site needed to be cleaned up.

Council Member Gardner commented the applicant would have the opportunity of coming back to the City Council immediately if the cost of mitigation was unreasonable.

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

RENEW CONDITIONAL USE PERMIT:
Consider approval of a request from Western Rock Products to renew a conditional use permit to operate a sand and gravel plant in the Ft. Pearce industrial area at 1834 East 4150 South next to the National Guard Armory.

City Manager Gary Esplin explained that this issue was discussed previously and tabled pending a possible agreement with the National Guard to pave the area in front of their facility.

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October 6, 2005
Page Eight

Assistant Planner Ray Snyder explained that Western Rock has 240 acres for mining sand and gravel, with 80 acres active now. The applicant estimates that it will be 30-40 years before the mining operation at this location is discontinued. The air quality in this area is monitored. The applicant is not opposed to putting in the road, but is opposed to putting in the sidewalk, and is asking for a deferred agreement until 2006 in order to budget for the expense. The Planning Commission recommends approval subject to (1) the conditional use has no time limit per state law, (2) the applicant shall comply with NPDES, (3) the applicant shall comply with NOI, (4) road improvements are recommended as follows: the 90' arterial road, 4150 South shall be improved to half width of the right-of-way including street structural section, curb, gutter, and sidewalk along the north property line to City standards, unless the requirement for a sidewalk is waived by the City Council, (5) a deferred agreement could be required for the sidewalk, (6) the road half-widths shall be completed no later than the first quarter of 2006, (7) install street trees per City standard and submit a landscape plan, and (8) provide a mitigation plan. Additionally, monuments in the channel need to be respected, and a hillside permit should be required as mining impacts the hillside. Road improvements need to be clarified and hauling routes defined.

An unidentified man, representing Western Rock, replied that he agreed with everything proposed, but did not know what would happen in 30-40 years with regard to a reclamation plan.

Mayor McArthur suggested that the elevation of the road be reviewed.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit with all conditions and with a master planned road in the general area. He commented that before the wash is crossed for mining, the position of the roadway needed to be looked at.

The unidentified man representing Western Rock replied that a bridge would have to be built with the approval of the Corp of Engineers.

SECOND: The motion was seconded by Council Member Allen.

Public Works Director Larry Bulloch clarified that the applicant was going to improve 4150 South all the way to the wash and work out the crossing of the wash at a later date.

The unidentified man replied that this was correct.

Public Works Director Larry Bulloch clarified that Western Rock would not mine in a way to prohibit construction of the master planned roadways.

The unidentified man replied that this was correct and he would have no problem putting this in writing.

Mr. Bulloch explained that he has prepared a letter to the Western Rock general office asking for their participation in improving their frontage, indicating that the City was willing to participate in some degree through legislative funding or federal funds, and would work with Western Rock?s schedule.

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

CONTRACT:
Consider approval of a contract with the Washington County Water Conservancy District to prepare a river master plan.

City Manager Gary Esplin explained that approval of the contract will allow the City to proceed east to the City limits in cooperation with Washington City and the Washington County Water Conservancy District. The City?s cost is $32,000 with the remaining cost split between Washington City and the WCWCD.

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

CHANGE ORDER:
Consider approval of a change order for the Dixie Drive reconstruction project.

City Manager Gary Esplin explained that at the last meeting the bid was for only half of what the City wanted to do on Dixie Drive, and approval of the change order would allow the City to extend improvements on Dixie Drive due to flood damage. The total cost will be $273,000. The City has requested help from the State with this cost.

Public Works Director Larry Bulloch explained that the project will refurbish Dixie Drive with the time frame being this construction season before winter.

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

REIMBURSEMENT AGREEMENT:
Consider approval of a reimbursement agreement with Luce Del Sol to pay for oversizing a water line.

City Manager Gary Esplin explained that the agreement complies with the City?s policy where impact fees are used to pay for upgrades to a line. The location is in the Sunbrook area and the City will upsize the line from 8" to 12" at a cost of $74,300.

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October 6, 2005
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MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ENGINEERING AGREEMENT:
Consider approval of an engineering agreement to design a water line to the Gunlock tank and a water storage tank to provide additional service to the Ledges area.

Water Services Director Barry Barnum explained that staff has determined that if it builds a new water line to Gunlock from Quail Creek, it can blend the water thereby decreasing the arsenic levels and allow the City to defer construction of the arsenic treatment plant for approximately five years.

City Manager Gary Esplin explained that the pipeline will also bring in extra water to the area. The City received a $6,000,000 loan for the arsenic treatment plant which it can use to build the pipeline, and when it is time to build the arsenic treatment plant, there may be additional funding to help with the project.

Mr. Barnum explained that the contract also allows for design of a 3,000,000-5,000,000 gallon tank for the Ledges area.

MOTION: A motion was made by Council Member Bunker to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

NET METERING PROGRAM:
Consider approval of a net metering program.

Conservation Coordinator Ren? Fleming proposed that a net metering program be instituted in response to customer questions and to help improve the City?s green portfolio. Two commercial customers are interested in the program, and one resident is already on the program. The program allows installation of solar energy equipment by the consumer. The City then installs a bi-directional meter, with all energy going into the home or business. The City then bills only for the net difference in energy used. The program will also provide the City with a green tag as far as meeting regulatory requirements for emission-free generation.

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

Ms. Fleming advised that a 3 kW system for a residence costs approximately $18,000. There are, however, federal and state tax incentives, with an estimated payback of five years.

AIRPORT LEASE:
Consider approval of a non-commercial airport lease with Gregory Pellar.

City Manager Gary Esplin explained that the City currently has a lease with Mr. Harris who would like to sell to Mr. Pellar.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held September 1, 2005.

MOTION: A motion was made by Council Member Whatcott 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 City Council work meeting held September 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 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 September 22, 2005.

MOTION: A motion was made by Council Member Whatcott 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.

NEW BUSINESS:
Mayor McArthur inquired if there was any new business from the City Council.

Council Member Whatcott congratulated Council Members Allen and Bunker on the outcome of the primary election.

St. George City Council Minutes
October 6, 2005
Page Ten

Council Member Bunker suggested that pictures be taken of marathon finishers as they cross the finish line by tracking them through use of a micro chip.

Mayor McArthur inquired if there was any new business from staff or the audience. Seeing none, he asked if there was need for an executive session.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Whatcott to adjourn to an executive session to discuss personnel and property issues.
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 Gardner - 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 Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

DISCUSSION RE SIGNS AT FOUNTAIN:
Council Member Bunker commented that it was not fair to allow some organizations but not others to post signs at the fountain at the corner of Bluff and St. George Blvd. For aesthetic reasons, she suggested that no signs be allowed at this location.

City Attorney Shawn Guzman advised that if the City opened it up to City-sponsored events only, it would have to be opened up to everyone.

After discussion, it was the consensus of the City Council to not allow any signs at the location.

Council Member Gardner suggested that reader boards be pursued at a different location.

DISCUSSION RE DIXIE HIGH DANCE:
Council Member Gardner advised that Dixie High School would like to use the Main Street parking garage for a dance.

City Manager Gary Esplin advised that a special event permit application and accompanying inspections and insurance policy had not been submitted in time to be scheduled on the agenda, and the Fire Department did not approve the site. After discussion, it was the consensus of the Council to not allow use of the site, but to suggest other locations.

The meeting then adjourned.


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Gay Cragun, City Recorder