City Council Minutes

Thursday, January 19,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 19, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Larry Gardner

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

Mayor McArthur advised that the City was in receipt of two new Suntran buses.

Mayor McArthur announced that on January 17th the City celebrated its 144th birthday. He reviewed Heritage Week activities.

Mayor McArthur explained a unique service opportunity for anyone interested. Volunteers are needed to harvest willows in the Pine Valley area for revegetation of the rivers due to flood damage. The project must be completed before the end of February. Interested parties were instructed to view the City?s web page for further information.

Mayor McArthur announced that due to the fact not all City Council Members were present, and at the applicant?s request, no action would be taken on item 3A, a public hearing to consider approval of a zone change from R-3 to PD Commercial on .73 acre for an enclosed storage facility with an on-site manager office at approximately 2400 South River Road. The public hearing will be opened for comments and then continued until the next City Council meeting.

AWARD OF BID: Consider award of bid for steel poles for the Dixie tie-in.

Purchasing Director Sue Swensen presented the two bids received:

Sabre Tubing $41,421
Meyer-Thomas & Betts $43,384

She explained that the low bidders? delivery time was 24-26 weeks, and Meyer-Thomas & Betts? delivery time was 14-16 weeks. She recommended award of the bid to Meyer-Thomas & Betts due to the shorter delivery time.

Rick Hansen, Chief Electrical Engineer, explained that the goal is to have the tie-in completed for the summer peak season which necessitates an earlier delivery time than the low bidder can provide.

City Manager Gary Esplin commented that if the tie-in were not in service by the summer, the City would have to purchase additional power.

MOTION: A motion was made by Council Member Bunker to award the bid to Meyer-Thomas & Betts in the amount of $43,384.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution amending after-hours waste-hauler dumping fees.

City Manager Gary Esplin explained that currently the City has to call out employees at overtime wages to handle after-hours dumping by waste haulers. Staff recommends a $50 fee be charged in addition to the City?s current fees to cover its costs.

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 Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.



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January 19, 2006
Page Two

RESOLUTION:
Consider approval of a resolution accepting the annexation petition for the Haskell Annexation.

City Manager Gary Esplin explained that the first step in the annexation process is to accept the petition. Staff, however, has concerns with regard to property in the County which is not being annexed and what this does to Plantations Drive. This needs to be addressed before final approval is given, and staff will meet with the applicants to discuss the issue.

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 Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution establishing a redevelopment plan for the existing airport.

City Manager Gary Esplin explained that as part of the EIS for the new airport, the City must approve a redevelopment plan for the old airport. Action today is to approve the concept for the old airport site when the new airport is in operation, and that concept is to provide for a mixed use development.

MOTION: A motion was made by Council Member Allen 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 Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 10, 2006, recommended that a public hearing be scheduled for February 16, 2006 at 5:00 p.m. to consider (1) a zone change request from A-1 to RE-12.5 with a development agreement on 12 acres located at the southeast corner of the intersection of 3000 East and Seegmiller Drive, and (2) a request to amend Title 10, Chapter 11, St. George City Code, to establish site development standards for the Ft. Pierce Industrial Park.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 10, 2006, recommended approval of a hillside development permit for the Bella Vista Subdivision at Sunbrook to landscape the surrounding hillside slopes located at Sunbrook Drive and Luce Del Sol Drive, subject to the conditions recommended by the Hillside Review Board: (1) Provide a planting plan with 24" box trees every 30-40 feet along Luce Del Sol Drive and plants throughout, and (2) no water system is to be installed above the second retaining wall. The walls will comply with the new rock wall standards.

Mark Fonger, representing the applicant, Sun Hill Homes, explained that there will be two identical walls, built ten feet apart.

MOTION: A motion was made by Council Member Whatcott to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board.
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 January 10, 2006, recommended approval of a hillside development permit on a four to two vote for a proposed single family subdivision located at the old Green Valley Golf Course at 696 S. Dixie Drive, subject to the recommendations of the Hillside Review Board that (1) a southbound deceleration lane is required , and (2) the City engineer is
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January 19, 2006
Page Three

to work out roadway construction details, and with the clarification that lot sizes are to comply with zoning and hillside standards. The project will contain public streets and culdesacs, with two accesses into Dixie Drive. The project does provide connectivity,

but because of the hillside, culdesacs are required. The old clubhouse will be removed and the pond mitigated.

MOTION: A motion was made by Council Member Orton to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board.
SECOND: The motion was seconded by Council Member Allen.
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 construct a detached RV garage with a height up to 22'3" to roof peak at 520 Churchill Drive in an R-1-10 zone. Paul Harker, applicant. PC Case No. 2005-CUP-045.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held January 10, 2006, recommended approval subject to the following conditions: (1) the maximum height of the accessory building is 22'2.5"; (2) the accessory building shall not be used as a dwelling unit; and (3) the accessory building is approved as a single story only. The accessory building will also contain a bathroom. One neighbor expressed opposition to the proposal at the Planning Commission, but the Bloomington Architectural Control Committee has given its stamp of approval.

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

CONDITIONAL USE PERMIT
Consider approval of a conditional use permit for a restaurant (food court) in an M-1 zone at the northeast corner of River Road and 3850 South in the Ft. Pierce Industrial Park. Mark Burgess, applicant. PC Case No. 2005-CUP-047.

Assistant Planner Ray Snyder explained that the subject site is Lot 1 of the Ft. Pierce Industrial Park, and includes plans for a food court and fueling center which will not be a truck stop. The Planning Commission recommended approval subject to the following conditions: (1) the use of a food court/restaurant is approved as shown on the site plan submitted on January 10, 2006; (2) building design and colors are approved per the color rendering submitted on January 10, 2006; (3) there shall be no overnight parking on the site associated with the fuel dispensing center; (4) there shall be no shower facilities associated with the fuel dispensing center; and (5) a revised and complete landscaping plan shall be submitted to the City Council for review and approval. Mr. Snyder advised that the landscaping plan had been submitted.

Mark Burgess, applicant, explained that lighting was not discussed at the Planning Commission meeting, but they will be directional, and there will be alighted canopy over the fueling station. There will also be a monument sign. The fleet fueling center will have a card reader system, the food court will possibly contain a deli shop and fast food, and there could potentially be cooking on site.

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 Orton.

Mr. Burgess advised that the fueling center would be a 24 hr. operation and the canopy will remain lit all night.

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

FINAL PLAT:
Consider approval of a final plat for Stone Valley Estates with 23 single family lots located at 2780 East and 1190 South. Quality Development, applicant.

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 10, 2006, recommended approval of the final plat. The lots are a minimum of 12,000 sq. ft.

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

Mayor McArthur invited several Scouts in the audience to introduce themselves.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-3 to PD Commercial on .73 acre for an enclosed storage facility with an on-site manager office at approximately 2400 South River Road. Jeff Adams, applicant.

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January 19, 2006
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Mayor McArthur explained that no decision on the zone change would be made, as the applicant would like a full Council present. The public hearing will be opened and continued until the next City Council meeting.

Community Development Director Bob Nicholson explained that a 3/4 acre parcel remains unused when River Crest was platted. A church site is proposed for the corner of River Road and 2450 South on another adjacent parcel. The applicant proposes an enclosed storage facility with access to the units from interior hallways. The elevation of the site is higher than the homes behind it and a number of residents objected to the zone change at the Planning Commission meeting. The Planning Commission approved the request on a four to one vote, subject to the following conditions:

1. Landscaping along the west and south property lines with tall trees and extensive vegetation to soften the impact to adjacent neighbors.
2. A 20' building setback from both the west and south property lines.
3. The height of the building not to exceed 20' as per applicant.
4. Condensers are to be placed on the ground rather than on the rooftop.
5. The landscape and drainage plans are to be brought back to the Planning Commission for review and approval prior to approval of the construction drawings.

Mr. Nicholson commented that the General Plan designates the site as commercial.

Mayor McArthur opened the public hearing.

Cyril Noble suggested a park for the subject site. He suggested that the applicant move the project to the industrial park. He stated he thought the project would only be two stories, but since discovered that it will have a basement too and traffic will be multiplied. He inquired about signage.

Mayor McArthur advised that the signage will have to comply with the Sign Ordinance.

Mr. Noble expressed concern about the storage of illegal drugs and advised that the blueprint has a notation on it that the facility will be patrolled every three months by drug-sniffing dogs. He stated that neighbors deserved answers to their concerns and that postponing action on the request was a bad idea.

MOTION: A motion was made by Council Member Allen to continue the public hearing until the next City Council meeting.
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 a preliminary plat for Las Hurdes Phase 2 with 17 townhome units located at Shadow Point Drive and Las Hurdes Drive. Ence Homes, applicant.

Associate Planner Mark Bradley explained that the project will be accessed by Shadow Point Drive and ultimately Las Hurdes Drive. Las Hurdes Drive is a 50' right-of-way. Two of the buildings will front the street, with the rest on the interior. All parking is in the interior of the project. Each unit will have a two car garage underneath. Residents of Shadow Mountain met to discuss grading of the site and landscaping. Staff has concerns with the design of the site as many units have been packed into the site. Staff feels the units should orient to the street with a courtyard in the interior of the project. The applicant is providing guest parking spaces. In Phase I, the columns extend beyond what is indicated on the plat, and if the same columns are used in Phase 2, the units will have to be pushed further back on the site plan. The Planning Commission recommends approval.

Council Member Bunker commented that project appeared overcrowded and suggested the developer make the project more creative.

City Manager Gary Esplin advised that the property is already zoned R-3.

Council Member Orton commented that he, the Mayor, the City Manager, and Council Member Allen traveled to Atlanta and Denver last week to look at prototypes of new urban developments. These new designs allow for high density, yet provide a sense of community. He commented the applicant?s proposed design did not fit anything they had seen on their trip, but rather was typical of what has been done in the past in St. George.

Mr. Esplin commented that the garages were in the rear. The project meets the density requirements of the R-3 zone, and there are no design standards in place.

Council Member Whatcott inquired if now was the time to implement a moratorium and take six months to formulate design standards.

City Manager Gary Esplin inquired how the City would treat those projects already in the pipeline. Further, unless something in the design did not meet requirements in the ordinance, he was not sure the project could be denied.


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January 19, 2006
Page Five

A representative of Rosenberg Engineering commented that there was an error in the plans in Phase 1. Phase 2 will not have a retaining wall. Interior parking will alleviate some of the parking on the street. He stated he would make adjustments on the plans for the columns in Phase 2 or make the units smaller.

Council Member Whatcott inquired at what point the City could draw the line, impose a moratorium, and create design standards.

City Attorney Shawn Guzman replied that it would have to be before the preliminary plat stage because at that point the developer is vested in the process. However, that does not mean the City Council cannot put a temporary pending ordinance in place, but the process would have to completed within six months. He stated that zoning does not mean an applicant has a right to lay out the streets or configure the units any way they want. They must meet the zoning requirements of the R-3 zone, but the City Council can say that it does not like the entrances, which way the units face, the configuration of the units, etc.

Mr. Esplin advised that the R-3 zone allows 13 units per acre.

City Attorney Shawn Guzman clarified that a developer is vested when he makes an application for the project.

City Manager Gary Esplin commented that the decision on design standards involves more than R-3 zoning. He inquired if a pending ordinance was desired for all projects.

Council Members Whatcott and Allen commented a pending ordinance was needed for all projects.

Council Member Whatcott clarified that density is less the issue and building design is more the issue, as well as what the developer is bringing to the City, such as parks, trails, etc. to enhance the community.

Council Member Bunker commented that the proposed project resembled an apartment complex, and that Ence Homes had great developments and could surely come up with something better than what is proposed.

The representative of Rosenberg Engineering replied that the project had been laid out numerous times and this was the best plan.

City Attorney Shawn Guzman commented that the City Council can ask that the units be staggered, or reconfigured, and just because the project meets the zoning ordinance does not mean as applicant is entitled to do what they want. The City Council still has discretion if they do not like the lay-out of the project, but they have to be specific as to what they want to see.

Council Member Allen inquired if the applicant had considered clustering.

The representative of Rosenberg Engineering stated that the proposed units are high scale, and will sell for just under $300,000.

Mayor McArthur commented that the City Council was obviously challenging the developer to come with a better plan without losing density.

City Attorney Shawn Guzman advised that the City Council should explain to the applicant what they do not like about the plan; they cannot require more open space than the ordinance requires or less units, but they can say that it is too dense, or imposing, or does not fit in the neighborhood.

Council Member Orton clarified that the City Council was not picking on Ence Homes, but was announcing to staff and the building community that it was ready to look at more creative projects.

Mayor McArthur opened the public hearing.

Linda Kanopka, a resident of Shadow Mountain, advised that Shadow Mountain residents have had a chance to see how Phase 1 has played out over the years. She stated that while she knew the density could not be changed, nine parking spots for guests will not be enough. The garages underneath the units will not be large enough to accommodate trucks, and trucks from 17 units will be fighting over nine parking stalls, let alone the visitors. She also inquired about the size of required green space.

Community Development Director Bob Nicholson replied that 30% green space is required.

Ms. Kanopka commented that there was no place for the children to play, as most of the residents in Phase 1 were renters - young families with small children, who play in the street and compete with parked cars for places to play. Shadow Point Drive is the main artery out of Shadow Hills and carries a lot of traffic. She expressed concern about more cars parking on Shadow Point Drive and additional congestion. She stated she wanted the project to fit into the neighborhood and that it was not too late to rethink it.


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January 19, 2006
Page Six

Michael Sumner stated that a meeting was held on December 5 with Ence Development with regard to Phase 1 and the improper setback. At that time Ence Homes promised that Phase 2 would meet code, but the designs and preliminary plat do not illustrate this. As a result, the design is going to have to be redesigned to meet setback requirements to show the pillars. A discussion was also held with regard to the CC&Rs prohibiting anyone from parking longer than 24 hours on Shadow Point Drive or Las Hurdes Drive, and this would be enforced by the property management group. Additionally, a rock wall not part of the plans for Phase 1, yet a rock wall was built and the grading raised higher than the original plan. At the meeting the developer also agreed that the Phase 2 units would not exceed one foot above grade from the street, they agreed to plant materials, and 24" box trees. All parties signed the landscape plan and this was the plan that was supposed to be submitted to the Planning Commission and City Council, yet the plan submitted does not contain the signatures.

The representative from Rosenberg Engineering stated the signed landscape plan was the same as the one submitted.

Mr. Sumner commented that there was no question more creativity could be used to make the project fit into the community.

Mayor McArthur commented he felt the units could be rearranged, keeping the same number of units per acre. He and the City Council want to see a successful high density project which fits the neighborhood.

Elizabeth Able commented that in future developments, rather than have ten small spots of green space, that there be one much larger area to provide an area for children to play.

Council Member Bunker commented she has seen firsthand the children playing in the streets in this area.

Council Member Allen showed a brief power point presentation of different types of housing seen on the trip to Atlanta and Denver.

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

City Manager Gary Esplin commented that a developer is not required to show what the project will look like in an R-3 zone, just the layout of the buildings. The City does not have design standards.

Associate Planner Mark Bradley clarified that porches and columns are part of the pads shown on the plat, however, if the porches and columns are going to be located outside of the pads, then the plat is incorrect.

MOTION: A motion as made by Council Member Orton to table the matter until the applicant could be present to answer questions.
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/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment of Title 10, Chapter 8, St. George City Code to provide development standards for mixed-use projects where both commercial and residential uses occupy the same building.

Community Development Director Bob Nicholson explained that the City currently does not have standards for mixed-use projects. He reviewed the provisions of the new ordinance with regard to density, setbacks, building height, landscaping, ground floor glass, etc.

Council Member Bunker was excused from the meeting.

Mr. Nicholson explained that the ordinance would apply only to PD commercial zones, or amendments to PD commercial zones.

Council Member Allen suggested the use of an overlay zone. She stated that areas near the downtown might be zoned commercial, and it would be a shame not to allow a mixed use project just because the zone was commercial rather than PD commercial.

Mr. Nicholson suggested that a core area in the downtown could be identified to allow mixed uses.

Mayor McArthur opened the public hearing.

Ed Burgess advised that he was in the process of working on a mixed use project on River Road by the Courtyard by Marriott in a commercial zone. He expressed concern about the five acre minimum required for a mixed use project.

Mayor McArthur explained that the ordinance allows the City Council to exercise its discretion with regard to mixed use requirements.



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January 19, 2006
Page Seven

Mr. Burgess explained that his project is four acres, and inquired about timing of the new ordinance.

Mr. Nicholson replied that if the ordinance is approved, Mr. Burgess could submit his zone change request for the next available Planning Commission meeting.

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

Council Member Allen suggested an overlay zone for areas already developed.

Council Member Whatcott commented that there is no landscaping on Main Street.

Council Member Orton commented that the City Council will see each mixed use request and can make exceptions to the ordinance.

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

The vote was unanimous and the motion carried.

Mayor McArthur called for a five minutes break.

PUBLIC HEARING
Public hearing to consider approval of a boundary line adjustment with Santa Clara City to remove 10 acres located west of Chaco Bench Phase 2 in the northwest area of the Entrada development from St. George City and include this area within Santa Clara City. Shan Gubler, applicant.

Mayor McArthur advised Mr. Gubler that since there were only three Council Members present, all voting had to be unanimous in order for an item to be approved.

Mr. Gubler advised that he wanted to proceed.

Community Development Director Bob Nicholson clarified that the subject property consists of 10 acres. A public hearing was held in September and continued until the applicant had a chance to meet with the neighbors. The site is located in the northwest corner of the Entrada project and abuts Santa Clara and Ivins. Notices were sent to property owners on Friday.

Shan Gubler, applicant, stated that he met personally with several neighbors who expressed concern at the last public hearing and met with the Entrada Association board of directors and through them advertised and held a town meeting. He stated he believed the concerns expressed at the previous public hearing were due to a lack of communication on his part. At the town meeting he asked that a representative of the Association attend this meeting to represent the Entrada Assoc. as being supportive, and this is why Brian Chadaz is present. At the town meeting, he also announced the date and time of this meeting if anyone still wanted to attend and object.

Mayor McArthur inquired about the road through Mr. Gubler?s project.

Mr. Gubler replied that he had an open road network that was not behind a gate and would be open to the public. The road will eventually connect to Snow Canyon Parkway. The project falls within the guidelines of the Entrada development and access will be from Santa Clara. However, Entrada is gated.

Mayor McArthur opened the public hearing.

Jan Mower advised that she is an owner in Entrada and also markets Entrada, and when lots were sold she marketed the subject property as open space. She commented she trusted that what Mr. Gubler told the residents would happen.

Council Member Allen inquired if all concerns of the neighbors had been addressed.

Mr. Gubler replied that there was one lot owner immediately to the south who is still concerned.

Brian Chadaz commented that he owns a lot in Chaco Bench and sits on the board of the Entrada property owners association. He stated there was a misconception at the last public hearing that the deannexation from St. George was an end run, but this was never Mr. Gubler?s intent. The project is still subject to design review, and the plan has been revamped and is a great improvement from the original plan. He stated that while he was not there to represent others, after Mr. Gubler?s presentation at the town meeting, there were many positive comments.



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January 19, 2006
Page Eight

Council Member Whatcott commented that as a City Council it was in their best interests to protect its citizens and therefore a development even on deannexed property is important to see. He stated he felt the City Council had a responsibility to take a look at the project.

Mr. Gubler replied that the City Council was welcome to look at the project, but he had nothing with him. He has spent considerable time and money in planning it and it is a beautiful project. It still has to be approved by the Entrada governing bodies.

Council Member Orton inquired why the notices were just sent out on Friday.

City Manager Gary Esplin replied that this was when Mr. Gubler requested to be on the agenda.

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

City Manager Gary Esplin suggested that the deannexation could be approved subject to the applicant bringing in his plans.

Mr. Gubler advised that there were still some minor changes to be made, but the placement of the buildings is all done.

City Manager Gary Esplin inquired if the Entrada board had taken an official position on the project and deannexation or voted on it.

Mr. Gubler replied that no formal action had been taken.

MOTION: A motion was made by Council Member Whatcott to approve the deannexation subject to review of the plans.

City Attorney Shawn Guzman advised that the best thing to do would be to have Mr. Gubler bring in his plans and consider approval at that time.

MOTION: A motion was made by Council Member Whatcott to table the matter until the next City Council meeting.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING:
Public hearing to consider disposal of surplus City property located on the West Black Hill.

City Manager Gary Esplin explained that a visit was made to the site. The site consists of five acres, has already been disturbed, and is adjacent to the Temple Quarry Trail. State law requires that a public hearing be held in order to sell the property.

Mayor McArthur clarified that the City purchased the property from the Flowers family. He then opened the public hearing. There being no public comment, he closed the public hearing.

City Attorney Shawn Guzman commented that a majority of the undisturbed hillside is being protected and will remain as City property and will not be further disturbed.

AIRPORT LEASE:
Consider approval of a non-commercial airport ground lease with William Fry.

Airport Manager Mike LaPier explained that the applicant intends on housing three aircraft in one hangar, with the other two hangars available for sublease.

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.

UAMPS POLICY:
Consider approval of an amended UAMPS power exchange member risk management policy.

City Manager Gary Esplin explained that this was a housekeeping item which would allow the City to make appointments by position rather than by individual in order to trade power on the UAMPS PX.

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

GAS SUPPLY AND TRANSPORTATION TRANSACTION CONFIRMATION:
Consider approval of a gas supply and transportation transaction confirmation to the IGI Resources Inc. Natural Gas Purchase and Sales Base Contract #S-1329.


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January 19, 2006
Page Nine

Energy Services Director Phil Solomon explained that the City has already entered into a gas management contract with IGI, which is a subsidiary of British Petroleum. The contract only allowed the City to trade for one year. Staff would like to hedge into the future and buy gas as the market dips down, as provided in the confirmation. He recommended approval based on legal review.

MOTION: A motion was made by Council Member Allen to approve the confirmation.
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 of Amendment Two to the Turnkey Design-Build Construction and related services agreement with Manning Industries, Inc.

Energy Services Director Phil Solomon explained that the amendment will add General Electric as a subcontractor to purchase spare parts for the Millcreek generation unit. 2005 prices were able to be negotiated - from $1.2 million down to $660,000.

City Manager Gary Esplin explained that the Millcreek generation facility will not be running 12 months of the year, but will be used for peaking. One of the subcontractors has not performed well, and G.E. will provide the City a better opportunity to get the plant going.

Mr. Solomon commented that the City is currently negotiating with G.E. for a long term operation and maintenance contract.

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.

NET METERING REBATE:
Consider approval of a net metering rebate.

Conservation Coordinator Ren? Fleming explained that staff recommends offering a rebate to any customer who installs a net metering or solar system. The rebate proposed is $2,000 per KW up to 3 KW for a residential customer, and up to 10 KW for a commercial customer. The customer can also apply for state and federal tax credits. The customer will get billed for what they use with a credit for what they have generated. Their final invoice will be the difference between the two.

City Manager Gary Esplin explained that staff came up with the $2,000 rebate amount based on the City?s costs to provide power to that home.

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

DECLARE SURPLUS PROPERTY:
Consider whether City property east of the Rim Rock Wash should be declared surplus.

City Manager Gary Esplin explained that the City purchased property several years ago behind Target along the Rim Rock Wash. At the time it was purchased, the City was going to combine it with open space owned by the adjacent property owner. However, wetland issues surfaced and the property owner sold the property for the Marriott Courtyard. The City would like to make sure the hillside is kept open, as well as planning for a possible trailhead in the wash. If the property is declared surplus, it will be opened up for public bid. A new road will be built to tie in 700 South at Foremaster Drive behind the hospital, running behind Lowe?s and Target into the Marriott property and then to 100 South where the College will build a new health science building.

City Attorney Shawn Guzman recommended that a minimum bid be set, and advised that all bids could be rejected.

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

APPOINTMENT OF OFFICERS:
Appointment of municipal officers.

Mayor McArthur recommended that all departments heads and officers of the City, including the Treasurer and Recorder, be reappointed.

MOTION: A motion was made by Council Member Allen to reappoint all department heads, officers, the Treasurer and Recorder.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


St. George City Council Minutes
January 19, 2006
Page Ten

APPROVE APPRAISALS:
Consider approval of appraisals for small parcels of surplus property in the Knolls subdivision and the Bloomington Hills subdivision.

City Manager Gary Esplin explained that the City Council previously declared these parcels as surplus property and asked staff to obtain a value. Appraiser Craig Morley issued a formal letter of opinion recommending a price of $1.25 per sq. ft. for the Bloomington Hills parcel, and $2.50 per sq. ft. for the Knolls parcel.

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

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a banquet liquor license and restaurant liquor license for the Courtyard by Marriott. Kevin Ence, applicant.

City Manager Gary Esplin stated that the application met all requirements.

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

APPOINTMENTS:
Appointments to boards and commissions of the City.

Mayor McArthur commented that he was going to table this matter until the next City Council meeting.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held January 3, 2006.

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 January 5, 2006.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Whatcott to adjourn to an executive session to discuss personnel and potential litigation.
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

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion was made by Council Member Orton to reconvene.
SECOND: The motion was seconded by Council Member Bunker, who had arrived at the beginning of the executive session.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

GOLF FEES:
City Manager Gary Esplin advised that he met with all golf pros, and golf fees would be discussed at next week?s work meeting.

CHANGE ORDER:
City Manager Gary Esplin advised that a change order for the Snow Canyon Parkway project is needed to add a deceleration lane west to east by the ballfields per recommendation of the engineer. The cost is $39,000. The Canyons Complex will be discussed at the next work meeting.

TRAFFIC ROUTE FOR ROCK QUARRY TRUCKS:
A discussion was held on a route for rock quarry trucks working on the river stabilization project in the Bloomington area. The City has 45 days to complete the project and would like to use the route with the least impact on traffic. The City will have to ask for the residents? understanding for the next 60 days.

St. George City Council Minutes
January 19, 2006
Page Eleven


The meeting then adjourned.



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Gay Cragun, City Recorder