City Council Minutes

Thursday, December 15,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 15, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Larry Gardner
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 Council Member Bunker, and the invocation was offered by Shawn Guzman.

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

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 gigabit backbone equipment for the IT Division.

Purchasing Director Sue Swensen explained that purchase of this equipment is the beginning of the fiber network which will connect several City buildings with high speed capability. Two bids were received, and she recommended award of the bid to the low bidder, Cache Valley Electric, in the amount of $40,101.27.

Technology Services Division Manager Jim Cook explained that the first step in implementing the fiber network is to start the pilots for voice-over IP. Cache Valley Electric did a good job of networking for the Olympics and they have some of the highest level cisco people in the state on staff.

MOTION: A motion was made by Council Member Orton to award the bid to Cache Valley Electric in the amount of $40,101.27.
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 flex bus and line materials.

Purchasing Director Sue Swensen explained that four bids were received, but one was only a partial bid. She recommended award of the bid to the low bidder, Codale Electric, in the amount of $26,671.49.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Codale Electric, in the amount of $26,671.49.
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 asphalt patching and repair.

Purchasing Director Sue Swensen explained that five bids were received. She recommended award of the bid to the three lowest bidders and staff would be advised to use the lowest bidder first.

MOTION: After discussion, a motion was made by Council Member Gardner to award the bid to the lowest two bidders.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Ms. Swensen stated that the amount would be $50,000 each.

CHANGE ORDER:
Consider approval of a change order to install 560' of 24" pipeline at the reuse treatment plant.

Purchasing Director Sue Swensen explained that the reuse line has been installed and the treatment plant is under construction. This section of pipe is needed to connect the plant to the pipeline. She recommended approval of the change order in the amount of $129,707 to Weyher Construction.

MOTION: A motion was made by Council Member Allen to approve the change order.
SECOND: The motion was seconded by Council Member Gardner.

Water Services Director Barry Barnum explained that the cost compares with what the City has been paying to install the rest of the reuse line.

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

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December 15, 2005
Page Two

Mr. Barnum explained that the plant is close to one-third completed, with production expected to begin in April.

CHANGE ORDER:
Consider approval of a change order to supply additional steel at the Millcreek Plant.

Purchasing Director Sue Swensen explained that this is a change order to supply additional steel at the Millcreek plant for the Dixie tie line with Manning Industries in the amount of $33,300.

City Manager Gary Esplin explained that the line will connect with Dixie REA so that the City and Dixie REA can feed each other, if need be.

Energy Services Director Phil Solomon explained that the original project only incorporated tieing into the 138 line built to the substation at Mall Drive. Dixie REA wants to enter into an interconnect, and this interconnect will improve the system and gives the City more reliability in transmission.

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

Purchasing Director Sue Swensen advised that two bids were received. She recommended award of the bid to the low bidder, Hydro Specialties, for both Schedules A and B, in the amount of $1,532,706.50. The award of this bid will allow the City to switch out all its meters to automated meters.

Water Services Director Barry Barnum explained that staff chose the Itron meters because they are compatible with automatic meter reads and with the power meters so they can all be read with the same system. They are powered with batteries, and the life of the meters is 15-20 years.

MOTION: A motion was made by Council Member Gardner to award the bid to Hydro Specialities in the amount of $1,532,706.50.
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 new transit buses.

Purchasing Director Sue Swensen explained that normally it takes six months to receive the buses after ordering, but the City was able to pick-up a canceled order of buses. All FTA purchasing requirements have been met. She recommended purchase of the buses from Optima Bus Corporation in the amount of $97,858.80, which is the City?s cost, with delivery in January.

Public Works Services Coordinator Ryan Marshall explained that the 27 seat buses have the ability to ?kneel? down and have fold-out ramps to accommodate seniors and wheelchairs. The buses are rated to last 12-14 years. Ridership is being tracked at 14,000 rides last month, compared with 10,000 rides a month last year. Service is hourly, but with the new buses service could be provided every half hour with the addition of more staff.

MOTION: A motion was made by Council Member Gardner to approve purchase of the buses from Optima Bus Corporation in the amount of $97,858.50.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CHANGE ORDER:
Consider approval of a change order for rock for The Fields sewer line project.

Purchasing Director Sue Swensen explained that rock is needed to support the sewer line because of ground water conditions in the area of 3000 East. The cost of the change order will be $197,100.

Water Services Director Barry Barnum explained that the contractor feels confident the placement of large rocks will work to support the sewer line.

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

Ms. Swensen advised that the vendor is H. E. Davis.

PRESENTATION OF AUDIT:
Presentation of the 2005 financial audit report.

Ken Hinton reported a successful completion of the audit, with no significant findings.

DONATION AGREEMENT:
Consider approval of a donation agreement with Gary Carter for donation of hillside property on Indian Hills Drive.

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December 15, 2005
Page Three

City Attorney Shawn Guzman advised that the property is adjacent to the Whisper Ridge development. This is the first of four donations Mr. Carter is making. This particular parcel has petroglyphs, and the City?s trail abuts the property on the upper end.

MOTION: A motion was made by Council Member Gardner to accept the donation with gratitude.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

DINOSAUR SITE ADMISSION POLICY:
Consider approval of the Dinosaur Discovery Site student admission policy.

Leisure Services Director Kent Perkins explained that the Dinosaur Site Advisory Board recommended the policy which allows all children free admission to the facility once a year as part of an organized group. The policy encourages schools located adjacent to the facility to come more frequently at no charge. He advised that attendance at the facility has been steady at 1,700 a week.

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

PUBLIC HEARING/AMEND PLAT/ORDINANCE:
Public hearing to consider approval of an amended plat for Bloomington Ranches #2 Subdivision to allow for the splitting of Lot 27 into two lots. Richard Ringwood, applicant.

Community Development Director Bob Nicholson explained that the applicant proposes to take the lot to the right-of-way of Pioneer Road and then split it in two. When this request was heard in August, it was the perception that the knoll would be excavated, but the applicant advises that this is not the case; the knoll will remain in place. Zoning is RE-37.5, and each lot would be in excess of 40,000 sq. ft. with frontage of 130'. Original easements would remain in place and new easements would be given. Property owners within 300' received notice of the hearing, and the Planning Commission recommended approval.

Mayor McArthur opened the public hearing.

Dexter Reese stated he opposed the plat amendment because the lot in question has three levels and the only level suitable for building is the bottom level which fronts the street and is 168' x 130'. He stated he objected to making a large horse lot into two smaller lots which would not be suitable for horses. The Bloomington Community Council supports not splitting the lot in two. Further, if this lot is allowed to be split, others in the subdivision will follow suit, and he was not comfortable with setting that precedent. He advised that 100% of the residents on Nashua are opposed to the proposal.

Mayor McArthur advised Mr. Reese that the new lots would still meet zoning requirements.

Council Member Allen inquired of Mr. Reese if the lots would be large enough for horses.

Mr. Reese replied that the new lots would be smaller than those existing around it, and not quite half an acre.

Council Member Whatcott inquired of the applicant if he purchased the property behind his lot in order to create the two new lots.

Mr. Ringwood replied that he purchased 2.16 acres, and both new lots would far exceed the zoning requirements.

Community Development Director Bob Nicholson stated that there is a sliver of property in the right hand corner which Leucadia still owns, and an updated title report will have to be obtained and the matter resolved before the Mayor signs the new plat.

Jeff Morby, representing Leucadia Financial and the Bloomington Water Company, stated the City needed to make sure that if the plat amendment is approved, the easement across the subject property is protected for maintenance and repair and any building would have to be built back from the easement. If the piece Leucadia owns was incorporated into the lot size calculation, it probably would not skew the amount of acreage needed to make the change, but the property would have to be purchased from Leucadia or excluded from the plat.

Jean Susamel commented that she lives directly across the street from the property in question, and it is becoming more difficult to locate horse property. She stated that it was important to preserve this value in this neighborhood.

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

Council Member Gardner inquired of the applicant if he had included Leucadia?s property in his lot size calculations.

Mr. Ringwood replied that he did not feel that he did.

Mayor McArthur inquired of the applicant if he was willing to acquire Leucadia?s property.

Mr. Ringwood replied that if he did not own it, he would buy it. As far as setting a precedent for subdividing lots in the Ranches, under the required zoning 1.5 acre lots could not be subdivided.

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December 15, 2005
Page Four

Council Member Orton commented that he felt bad the applicant had not worked out the differences with his neighbors.

Council Member Bunker stated she felt the plat amendment would set a precedent and would pave the way for smaller lots. She stated that because the neighbors were so opposed to it, she did not feel it would be right to grant the request.

Mayor McArthur commented that the Planning Commission recommended approval.

MOTION: A motion was made by Council Member Bunker to deny the request.
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 Whatcott - aye
Council Member Allen - aye
Council Member Gardner - no

The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to amending Title 10, Chapter 21, St. George City Code, to establish additional criteria for buildings to be designated as a City landmark site and expound on the types of uses appropriate for landmark sites.

Community Development Director Bob Nicholson explained that the proposed amendment is recommended by the Historic Preservation Commission and Planning Commission. The intent of the amendment is to provide additional criteria when a property owner wants to designate his property as a landmark site. He then reviewed the new language. He explained that the national criteria is 50 years.

Council Member Gardner suggested that the criteria should be 75 years, but there still may be structures which are 75 years old which would not qualify. He commented that age would be only one issue.

Council Member Allen commented that the house would not qualify if it had structural changes.

Mayor McArthur commented he did not think 50 years was old enough.

Council Member Gardner inquired if a home designated as a historic landmark was automatically granted commercial uses.

Mr. Nicholson replied that the commercial use would have to generate only minimal traffic or parking demand. Typically landmark sites are low traffic with little impact on the neighborhood, such as a bed and breakfast, book store, or professional offices under a conditional use permit.

Council Member Gardner commented that the intent of a landmark site is to keep unique architectural features. He inquired how the homes could then be kept residential as opposed to commercial.

Council Member Whatcott commented he did not think of a home built in 1955 as historical, and the time frame should be raised to 75 years. However, if someone comes in with a unique architectural feature, it could be considered under a conditional use permit.

Mayor McArthur opened the public hearing.

Gloria Shakespeare expressed concern at the number of single family homes which would be lost to businesses in the downtown neighborhood. She stated that the original purpose of the landmark site was to prevent historical homes from being torn down, however, a few of the recently approved landmark sites had already been nicely restored and used as single family homes before they were granted commercial status.

Mayor McArthur suggested that a residential component could be included in the ordinance.

Council Member Gardner commented he felt the proposed ordinance encouraged the homeowner to preserve the home rather than destroy it and rebuild.

City Attorney Shawn Guzman commented that language could be included in the ordinance saying there could be a cumulative effect on the neighborhood, and the City will look at the impact on the entire area when considering granting landmark site status. This status is not a given that the owner can use the property as a business.

Council Member Gardner suggested that perhaps the City could provide some financial incentive for restoration as a residence in order to prevent the owner from using the property as a business.

Community Development Director Bob Nicholson advised that there is a foundation in Salt Lake City which makes low interest loans for renovation.

Gloria Shakespeare commented that some landmark sites have been allowed to deteriorate.




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December 15, 2005
Page Five

Council Member Whatcott commented he felt the main goal of the landmark site designation was to upgrade and renovate homes so that families could live in them, and the secondary goal was to allow them to become commercial to recoup their investment. The proposed ordinance allows anyone to turn a home into a commercial endeavor.

Mayor McArthur commented the ordinance also needed an upkeep component.

Jim McArthur commented that anything the City Council could do to motive people to live in their landmark site would insure the integrity of the program.

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

Mayor McArthur commented that the key to the program should be its use as a residence, whether there is a business there or not.

City Attorney Shawn Guzman advised he would prepare a list of suggested commercial uses.

MOTION: A motion to table the ordinance was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Gardner, with the stipulation that the matter not be tabled for too long.

City Manager Gary Esplin advised that the matter would be discussed in a work meeting in January, and rescheduled on the City Council agenda in February.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amending Title 10, St. George City Code, to establish a neighborhood City park as a permitted use in Agricultural and Residential zones, and to establish definitions for a neighborhood City park and a private park.

Community Development Director Bob Nicholson read the proposed definitions and advised that planning staff and the Planning Commission recommended approval.

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 approve the ordinance.
SECOND: The motion was seconded by Council Member Allen.

Council Member Whatcott inquired about any negatives with regard to the ordinance.

Mr. Nicholson replied that under the current process, the City holds public hearings as part of the conditional use permit process. These would no longer be required.

City Manager Gary Esplin commented that there has never been an issue with a neighborhood park and no major problems are anticipated, but a requirement could be inserted into the ordinance which requires the neighbors to be notified and allows them input. He stated that the City Attorney has not had a chance to review the proposed ordinance, and suggested that it be approved subject to his review.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur called for a brief break.

RESOLUTION:
Consider approval of a resolution declaring the intention of the City of St. George, Utah, to issue industrial development revenue bonds to be used to finance the acquisition and completion of a building and the purchase of manufacturing equipment for Riverwoods Mill, Inc., or any related company; authorizing the issuance and sale of such bonds in the approximately principal amount of not to exceed $4,600,000; establishing conditions which must be met at or prior to the issuance of the revenue bonds; providing for a public hearing and for publication of a notice of the public hearing and related matters.

City Manager Gary Esplin explained that approval of the resolution will allow Riverwoods Mill, Inc. to apply for an IRB from the State of Utah to purchase a new building in the Ft. Pierce Industrial Park to enlarge their manufacturing operation.

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December 15, 2005
Page Six

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

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held December 13, 2005, recommended that public hearings be scheduled for January 19, 2006 at 5:00 p.m. to consider (1) a zone change from R-3 to PD Commercial on 0.73 acre for an enclosed storage facility with an on-site manager office located southeast of the River Crest Subdivision at 2400 South River Road, and (2) an amendment to Title 10, Chapter 8, St. George City Code, to provide site development standards for mixed-use projects where both commercial and residential uses occupy the same building.

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

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held December 13, 2005, recommended approval of the following final plats:

1. Sundown Estates
2. Painted Desert Estates Phase 9
3. Red Butte Phase 4
4. Rim Rock Commercial Center
5. Serenity Hills Phase 2
6. Serenity Hills Phase 3
7. The Joshuas at Southgate Phase 2
8. Toroweap at Entrada
9. Avallon at Meadowood Phase 2
10. Avallon at Meadowood Phase 5
11. Southgate Views

City Manager Gary Esplin inquired if The Joshuas at Southgate project fronted on Tonaquint Drive.

Mr. Nicholson replied that it did, and they would be improving their frontage based on the plat and coordinating with the City.

Mr. Esplin commented that the City would work with the developer to close any road improvement gaps on Tonaquint Drive.

Council Member Bunker inquired if the streets in Sundown Estates would be connected with the adjoining project.

Mr. Nicholson replied that there would be a temporary culdesac, but eventually the streets would be connected with the adjoining project. There are no plans for a privacy wall.

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

CONDITIONAL USE PERMIT
Consider approval of a conditional use permit to operate a once-a-week country
western dance in the Blue Bunny Ice Cream Parlor at 20 North Main in a C-4 zone. Brian White, applicant.

Assistant Planner Ray Snyder explained that R.A.D. and the owner of Blue Bunny support the request. The dances are proposed for Thursday nights, with dance instruction beginning at 9:30 p.m. and dancing from 10:00 p.m. until midnight. A dance hall license will be needed. The Planning Commission recommended approval subject to the following conditions: (1) operate once a week only, (2) the activity shall be contained inside of the Ice Cream Parlor, (3) hours shall be from 9:30 p.m. to 10:00 p.m. for dance instruction and 10:00 p.m. to midnight for open dance sessions, and (4) comply with the provisions of Section 3-2A-4, St. George City Code, Public Dance Halls.

MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to store recreational vehicles adjacent to the Temple View RV Park at 975 South Main St. Jim McArthur, applicant.


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December 15, 2005
Page Seven

Assistant Planner Ray Snyder explained that the applicant would like a six month temporary park expansion with no sidewalk, landscaping or wall on the south end. Engineering has asked the applicant to install a storm drain along the east property line. The applicant talked with Engineering about the possibility of extending 100 East to 1160 South. The Planning Commission recommends approval subject to the following conditions: (1) remove all RV storage at the north end within six months, (2) install on 1160 South a solid six foot block wall, street trees, landscaping, and sidewalk within 60 days, (3) work with City Engineering to accommodate a 72" diameter storm drain along the east property line with a 30' easement area, (4) permit for six months temporary RV parking at the south end within the C-2 zone only, and (5) allow RV storage on the five acre addition after site preparation.

Council Member Orton was excused from the meeting.

Jim McArthur, applicant, explained that when he acquired the Empey parcel he anticipated moving the RV storage from the north end and thought he would have ample room. He requested additional time within which to bring in fill dirt and prepare the remainder of the site. He advised he has already been speaking with contractors about installing sidewalk and landscaping on 1160 South, but as far as the solid fence, he would like to install a solid vinyl fence.

Mayor McArthur commented that with regard to opening up 100 East Street, the school?s concern is with traffic. He suggested that Mr. McArthur meet with the school to discuss this issue, and then meet with the City to determine what type of access would be best.

MOTION: A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Allen.

Mayor McArthur suggested to Mr. McArthur that he may want to consider a type of fence more permanent than vinyl.

Mr. Snyder explained that the Planning Commission determined that a wall on the north end would not be required if a wall were built on the south end.

AMENDED MOTION: Council Member Gardner amended his motion to include the stipulation that the RV storage was to be moved from the north end to the south end and stored behind a solid fence within six months.

Council Member Whatcott commented that after the six month period, the wall had to be a permanent block wall.

Council Member Allen clarified that up to six months, however, the wall could be vinyl, but after that it had to be a solid, permanent fence.

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 operate a used car lot at a former car wash building located within a C-3 zone at 946 West Sunset Blvd. Courtney Booth, applicant.

Assistant Planner Ray Snyder distributed a handout and explained that the landscape plans were received today. The Planning Commission recommended denial because they felt an adequate landscape plan was not submitted and requested that the City Council not hear the matter until the minutes from the Planning Commission meeting were available to review. The applicant is appealing the decision of the Planning Commission, and now has 5% landscaping as required.

City Manager Gary Esplin inquired of Mr. Snyder if in his opinion the Planning Commission would have denied the request if they had seen the new landscape plan.

Mr. Snyder replied that landscaping was the reason for denial of the request.

Courtney Booth, applicant, commented that the current landscaping plan beautifies the area for the businesses located behind his too.

Mr. Snyder explained that because Mr. Booth?s lot is located within a lot, his sign is now located off-premise. The applicant will have to go through the Sign Review Board to see if he can still use the sign.

Council Member Gardner commented that the answer to this problem was a cross-utilization agreement for signage to satisfy the sign requirements due to the unique situation.

Mr. Booth requested that he be able to do business for a four month period while signage and landscaping is being taken care of.

City Manager Gary Esplin commented he did not feel the applicant should be able to conduct business until all requirements were met and in place unless a bond was posted for the landscaping.

Council Member Whatcott commented that he was uncomfortable with four months.

Mr. Snyder commented that staff would support the posting of a surety accompanied by an invoice showing the cost of the landscaping for whatever amount of time is reasonable.
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December 15, 2005
Page Eight

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to the posting of a bond, with the applicant allowed to do business for a four month period while the landscaping is being installed.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of a transmission interconnection agreement with Dixie Escalante Electric.

City Manager Gary Esplin commented that this agreement had been discussed as part of an earlier discussion, and was a win-win for both parties.

MOTION: A motion was made by Council Member Whatcott 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.

NOTICE OF INTENT TO DISPOSE OF PROPERTY:
Consider approval of a notice of intent to dispose of City-owned real property.

City Manager Gary Esplin explained that under State law, the City is required to pass an ordinance with regard to disposal of City property. He suggested the matter be scheduled on the January 5, 2006 City Council agenda to take public comment on disposing of surplus City property located adjacent to the Temple Quarry Trail.

MOTION: A motion was made by Council Member Gardner to schedule a public hearing to consider disposal of surplus City property located adjacent to the Temple Quarry Trail.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PROFESSIONAL SERVICES CONTRACT:
Consider approval of a professional services contract with James Dotson.

City Manager Gary Esplin explained that Mr. Dotson was previously employed by the City as a landscape architect and worked on several City projects, including the Water Walk and Town Square. In order to provide continuity, he suggested the City enter into an agreement with Mr. Dotson to continue working on these projects.

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

APPROVAL OF DRUG FREE WORKPLACE AND ALCOHOL PROGRAMS:
Consider approval of the drug-free workplace and drug and alcohol programs.

City Manager Gary Esplin explained that as part of federal requirements, the federal government performed an audit of Suntran?s policies and procedures and found several policies which were approved by the City Manager which they felt should be approved by the City Council, primarily the drug-free workplace and drug testing policies.

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

NEW BUSINESS:
Council Member Allen commented that several complaints have been received about a retaining wall being built in the Bloomington Hills area. The Planning Commission determined that the wall should be taken down.

Council Member Gardner commented that concern has been expressed about the landscaping planned for St. George Blvd.

City Manager Gary Esplin replied that the trees have already been ordered and purchased. The trees were approved by the State, the Shade Tree Committee, and the City?s landscape architects. These trees are the only viable alternative to achieve the desired canopy effect.

Council Member Gardner commented that concern was expressed that the trees would have
to be removed on a periodic basis.

Mr. Esplin replied that this was speculation, and because of the way they will be watered and planted, the roots will not spread like they do if planted in someone?s yard.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held November 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 Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.




St. George City Council Minutes
December 15, 2005
Page Nine

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss litigation and personnel.
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
Council Member Allen - aye

The vote was unanimous and the motion carried.

Upon conclusion of the executive session, the meeting adjourned.




_____________________________________
Gay Cragun, City Recorder