City Council Minutes

Thursday, November 17,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 17, 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 and welcomed all present. The pledge of allegiance was led by Ashley Potter and the invocation was offered by Jerry Tousa.

Rosie Rosander introduced members of the marathon delegation who traveled to Ibigawa, Japan on behalf of the City and reported on the trip.

Council Member Allen introduced Ralph Flannigan, Director of the Dixie Care and Share, introduced members of the board and thanked the community for its overwhelming support

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

City Manager Gary Esplin advised that while it was still early in the year, revenues were up over projections and no major problems are indicated.

MOTION: A motion was made by Council Member Gardner to approve the consent calendar.
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 a trackhoe for the Wastewater Collections and Water Services.

Purchasing Director Sue Swensen presented two bids received:

Wheeler Machinery $129,000
Rasmussen Equipment $119,378

She recommended award of the bid to the low bidder, Rasmussen Equipment, in the amount of $119,378.

Water Services Director Barry Barnum explained that this will be the City?s third trackhoe. Each division planning on using the trackhoe has contributed $60,000 in order to share the machine. Trackhoes last two to three times longer than backhoes and while they will not replace a backhoe, he is seriously looking into replacing as many backhoes with trackhoes as possible because they are a better piece of equipment. A trackhoe will pay for itself in its first 100 hours of use, and is typically used three times that amount during the year.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Rasmussen Equipment, in the amount of $ 119,378.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a 1-1/2 ton chassis/cab pick-up.

Purchasing Director Sue Swensen presented the four bids received:

Young Chevrolet $30,889.08
Garff Ford $26,639.10
St. George Ford $26,795
Butterfield Ford $26,980

She explained that since the local vendor, St. George Ford, was within 5% of the low bid, as allowed by the City?s local bid preference policy St. George Ford has agreed to meet the low bid. The truck will be used buy the Irrigation Division.

MOTION: A motion was made by Council Member Gardner to award the bid to St. George Ford in the amount of $26,639.10.
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 SCADA supplies.

Purchasing Director Sue Swensen recommended approval of a blanket contract with the sole source provider, Lectrol, in the amount of $100,000 for the year.

Energy Services Director Phil Solomon explained that some of the equipment is for upgrades, and the rest is needed due to growth. The supplies will be shared between the Water and Energy Services Departments.

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November 17, 2005
Page Two

MOTION: A motion was made by Council Member Bunker to approve a blanket contract with Lectrol in the amount of $100,000 for the year.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for Sunbrook irrigation well drilling.

Purchasing Director Sue Swensen recommended award of the bid to the only bid received from Gardner Brothers Drilling in the amount of $219,838.

City Manager Gary Esplin explained that the new well will be located at the maintenance facility at Sunbrook. There will then be three operational wells in this area.

Ms. Swensen advised that the bid includes drilling, casing, gravel, and testing.

MOTION: A motion was made by Council Member Allen to award the bid to Gardner Brothers Drilling in the amount of $219,838.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for fireworks.

Purchasing Director Sue Swensen advised that RFPs were sent to three vendors, but only one bid was received. She recommended award of the bid to Fireworks & Stage FX America in the amount of $14,000 for First Night, and $16,000 for the Fourth of July, for a total award of $30,000.

MOTION: A motion was made by Council Member Gardner to award the bid to Fireworks & Stage FX America in the amount of $30,000.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a front end loader for the Water Treatment Division.

Purchasing Director Sue Swensen presented the bids received:

Century Equipment $113,185 (Case)
M&R Equipment $115,663 (Terex)
Scott Machinery $110,847 (John Deere)
Terex $115,270 (Terex)
Wheeler $122,300 (Cat)

She recommended award of the bid for the Case model to Century Equipment in the amount of $113,185.

City Manager Gary Esplin explained that staff recommends award of the bid to Century Equipment because of the 72 month full machine warranty. The low bidder, Scott Machinery, only provided a six month warranty. He explained that the machine will be paid for by bonds issued for the Quail Creek Water Treatment Plant, which will be taken over and paid for the Washington County Water Conservancy District.

MOTION: A motion was made by Council Member Gardner to award the bid to Century Equipment in the amount of $113,185.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for custodial supplies and paper products.

Purchasing Director Sue Swensen explained that after review and several meetings, staff recommends the bid be split between two vendors, Waxie and Staheli Distributing, in the total amount of $85,000.

MOTION: A motion was made by Council Member Whatcott to split the bid between Waxie and Staheli Distributing in the total amount of $85,000.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MOBILE CATERING LICENSE:
Consider approval of a mobile catering license. Cyndi Kirkland, applicant.

City Manager Gary Esplin explained that a background check was performed and the application meets all requirements.

Cyndi Kirkland, applicant, inquired if the routes could be changed.

City Manager Gary Esplin replied that any change to the route would have to be approved by the Business License Officer.

Mayor McArthur reminded Ms. Kirkland that she had to adhere to her routes as approved.

MOTION: A motion was made by Council Member Orton to approve the license.
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November 17, 2005
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SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

BEER LICENSE AND LOCAL CONSENT FOR ON-PREMISE BEER LICENSE:
Consider approval of a beer license and local consent for an on-premise beer license for the Sunset West Bowling Center. Marvel Jean Light, applicant.

City Manager Gary Esplin explained that the application was in order and staff recommends approval.

MOTION: A motion was made by Council Member Orton to approve the beer license and local consent for an on-premise 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.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 and R-3 to R-1-8 on 24.66 acres located south of Foremaster Ridge between Riverside Drive and the Virgin River at about 2000 East Riverside Drive. Rich Lewis, applicant.

Community Development Director Bob Nicholson advised that the Planning Commission recommends approval.

An unidentified man advised that the project was designed in a Tuscan theme, with single family lots, and would be a regular subdivision with a HOA to maintain the landscaping along Riverside Drive.

Council Member Allen expressed concern about road noise from Riverside Drive, and suggested that berming be done to minimize that noise for residents.

Council Member Bunker expressed concern about the proximity of the subdivision to the river.

The unidentified man replied that none of the project was in the flood plain, and the project was about 40' above the river.

Mayor McArthur inquired about the price of the lots.

Rich Lewis, applicant, replied that the lots would be cheaper than R-1-10 lots, and smaller homes would be used in the interior lots, with an overall density of three units per acre. Mr. Lewis advised that the homes would be set back 100' from the curve of Riverside Drive, and between this and a planned berm and rock wall, the road noise should be eliminated.

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

MOTION: A motion was made by Council Member Orton to approve the zone change by ordinance.
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/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-2 and C-3 to PD Residential on 32.89 acres located southeast of the Riverside Drive and Foremaster Drive intersection. Craig Hopkinson, agent.

Community Development Director Bob Nicholson explained that the bulk of the development lies on the east slope of Netta?s Knoll. An access road will be built resulting in a four-legged intersection at Riverside Drive and Foremaster Drive. When the steep slope unuseable areas are subtracted, the site has a net developable area of 24.9 acres. The applicant proposed 173 units located in 13 buildings, with a net density of 6.9 units per acre. The General Plan identifies the site as medium density residential, and the proposal is within the limits of the General Plan. The hill has expansive soils, so piers will be used on all buildings. The units will range from two to four stories, with the highest building up to 48' to the roof peak. The units are condominiums, with a stucco exterior and red tile roofs. There will be two parking spaces per unit. The Planning Commission recommends approval subject to:
1. A hillside development permit and conditions pertaining to the permit.
2. Comply with the 30' building setback from the ridgeline.
3. Update the traffic impact study and comply with the traffic engineer?s recommendation.
4. Work out the alignment and details (easement and/or improvements) of the Middleton Wash Trail prior to preliminary plat approval.
5. Provide additional landscape (xeriscape) are to meet the requirement. The landscape plans are to meet the hillside review board recommendation and be prepared by a licensed landscape architect who is familiar with the area, soils and plants.
6. Update the site data information of the PD text (i.e. landscape area, recreation area, number of buildings, parking, phases, amenities and when amenities are to be installed).

Mr. Nicholson clarified that the City?s traffic engineer recommends that the applicant pay for 25% of the cost of the signal at the new intersection. The applicant will provide a drawing of the new intersection when this item is again considered.

Mayor McArthur opened the public hearing.



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November 17, 2005
Page Four

Craig Hopkinson, applicant, advised that in addition to helping pay for a signal, he has agreed to install a deceleration lane and left hand turn lane. The traffic study indicates the signal is needed for the project.

City Attorney Shawn Guzman inquired how the applicant would provide assurance to the City that once the public infrastructure was turned over to the City, that the roads, sidewalks, water and sewer lines would not break due to the expansive soils.

Mr. Hopkinson replied that there is good soil 15' above the blue clay layer, and the water and sewer lines will be placed in this 15' area.

Council Member Bunker inquired what guarantee the homeowner would have due to the blue clay.

Mr. Hopkinson replied that all recommendations of AGEC would be followed, and the buildings will be built on piers 15' above the blue clay layer. The landscape plan is also xeriscape, with only one section of lawn.

Wayne Rogers, AGEC, advised that any construction project is only as successful as how well it is built, and if all the recommendations are followed, it will work. If it does not, then there is liability as opposed to a warranty or guarantee. On this site there is up to 60' of overburden gravel, with a blue clay layer underneath which slopes down to the northeast and then a hard sandstone layer. Shot elevations were taken all the way around. He stated he did not anticipate any City improvement problems with a majority of the hillside.

Council Member Whatcott commented that having once been burned by another PD elevation, he inquired if the developer was planning on digging down and then beginning the three to four level townhomes, or would they be built on top of soil that is built up.

Mr. Rogers replied that the buildings would be terraced, with parking underneath.

Mr. Hopkinson advised that the road sits above the first floor of the condominiums, and from the street level someone would be walking into the second level. The units should not be seen from the Foremaster Ridge at all.

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

MOTION: A motion to continue the item was made by Council Member Allen.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Gardner noted that the City Council has expressed concern with regard to the elevation of the buildings.

Council Member Allen suggested that a balloon be used to indicate the height of the units.

Community Development Director Bob Nicholson requested that the applicant provide a photo simulation.

Mayor McArthur requested that the photo simulation be from all angles.

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

REQUEST TO PURCHASE CITY PROPERTY:
Consider a request to purchase City property located behind 2162 San Juan Circle. Tony and Kim Onorato, applicants.

City Manager Gary Esplin explained that staff has reviewed the request and suggests that a fair market value be set for the property.

Tony and Kim Onorato, applicants, explained that they would like to landscape the area and build a rock retaining wall. The area now is just dirt and weeds. There is a utility road beneath the area for access to the sewer.

City Manager Gary Esplin explained that the action needed is to declare the property surplus and authorize a value to be set. No one else can use the property except the adjacent property owner. In the past the City has charged $1 per sq. ft., but this amount was set ten years ago and should be updated.

MOTION: A motion was made by Council Member Gardner to declare the property surplus and sell it for $1 a sq. ft.

The motion died for lack of a second.

City Manager Gary Esplin commented it was the City?s fiduciary responsibility to establish a fair market value price for surplus property.

City Attorney Shawn Guzman commented that a blanket price for any City property would not suffice.

MOTION: A motion was made by Council Member Gardner to declare the property surplus and direct staff to go through an evaluation process to set a price for the property.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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November 17, 2005
Page Five

City Manager Gary Esplin advised that he would meet with the City Attorney to determine how to best set the value to conform to state law. The property will have to be appraised.

REQUEST TO PURCHASE CITY PROPERTY:
Consider a request to purchase City property located adjacent to Lot 115 of The Knolls at Little Valley Phase 3. Rick and Shawna Doerr, applicants.

City Manager Gary Esplin explained that the property in question consists of 2,342 sq. ft., and the City?s original intention was to use the property for access to a future park. However, when the development was built, the access was blocked off. Staff recommends approval.

MOTION: A motion was made by Council Member Orton to declare the property surplus and direct staff to go through an evaluation process to set a price for the property.

City Manager Gary Esplin explained that the property is located between the future soccer fields and the row of houses along the top. There is a steep slope on both sides, and the property is not useable to anyone else except the adjacent property owner.

SECOND The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 8, 2005, recommended that public hearings be scheduled for December 15, 2005, at 5:00 p.m. to consider (1) a request to amend Title 10, Chapter 5 and 7, St. George City Code, to establish a neighborhood park as a permitted use and to include a definition for a neighborhood city park and private park, and (2) a request to amend Title 10, Chapter 21, St. George City Code, to establish additional criteria for buildings to become a designated landmark site and expound on the type of uses that would be appropriate and in harmony with the surrounding residential zones.

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

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission recommended approval of the following final plats:

1. River Hollow Phase 4
2. Sun River at St. George Phase 13
3. Sun River at St. George Phase 14
4. Classic Contractors Park at Fort Pierce
5. Foremaster Ridge Phase 4
6. The Orchids, with the stipulation to add the standard private street note and language describing the homeowners association responsibility to maintain the private street and common area.
7. Sundown Estates, with the stipulation that all signatures are obtained prior to the City Council meeting.
8. Painted Desert Estates Phase 9, with the stipulation that all signatures are obtained prior to the City Council meeting.

MOTION: A motion was made by Council Member Gardner to approve the final plats as recommended by the Planning Commission, and authorize the Mayor to sign them.
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 retail sales store with outdoor display of landscape rock in a C-3 zone at 447 N. Bluff Street. Robert Rusby, applicant.

Assistant Planner Ray Snyder explained that the applicant is out of town and a representative could not be present. The matter arose as the result of a code enforcement issue on Bluff Street in a C-3 zone due to an excessive amount of art and pallets of rock and material. The site needs 10 parking spaces, but some of the spaces are located on an adjacent lot. The applicant, however, has permission from the adjacent property owner to use the parking spaces, but a formal written agreement is needed.

City Attorney Shawn Guzman commented a long term lease would be needed.

Mr. Snyder advised that the applicant is leasing the subject property. The Planning Commission recommends approval subject to the following conditions:


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November 17, 2005
Page Six

1. No large quantity of rock on site.
2. No storage of pallets in front of the building.
3. Landscaping as presented including large pots as discussed.
4. The north access is to remain open to access the traffic signal.
5. Record the shared parking agreement prior to the City Council meeting.

Mr. Snyder explained that the applicant has other facilities and business locations besides this site.

City Attorney Shawn Guzman advised that a shared parking agreement would work, but it would be up to staff to determine whether the adjacent property owner had additional stalls to assign to this business.

MOTION: A motion was made by Council Member Orton to approve the conditional use permit if the required amount of parking is obtained.
SECOND The motion was seconded by Council Member Gardner.

ADDITION TO MOTION: Council Member Orton amended his motion to include the condition that the conditional use permit will be reviewed in one year, and that all the stipulations of the Planning Commission be included, including the potted plants.

City Attorney Shawn Guzman advised that the conditional use permit could be reviewed at any time if violated.

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 manufacturing plant with a proposed maximum height of up to 50 feet and a 68' tall silo located in an M-1 zone within the Ft. Pierce Industrial Park, Lot 55, at 1630 East Street and southeast of the Blue Bunny ice cream plant. Geneva Pipe Co., applicant.

Assistant Planner Ray Snyder explained that parking was not an issue, the proposed landscaping meets the requirements of the ordinance, and the applicant plans on expanding the project in the future. The average height of the building is 35', with one section at 50', and the silo will be 68' tall. There will be a paved asphalt area on which to park vehicles, and the storage yard will be covered with gravel to minimize dust. The applicant plans to over-excavate the site and compact it with a clay liner due to the collapsible and expandable soils on the site. The Planning Commission recommends approval subject to:

1. In addition to City review, the applicant shall meet with Jennings Development in Ft. Pierce for an architectural and height review.
2. The building si approved for the following heights: (a) the proposed low building height is 35', (b) the upper portion would be 50', and (c) the silos would have a maximum structure height of 70'.
3. The applicant shall install approved street trees and vary the species to provide variety.
4. The applicant shall meet all AQMD air standards.
5. The applicant shall enforce best management practices to reduce site dust generation.
6. The applicant shall install gravel in the storage yard to minimize dust generation.

Travis Davis, Hughes Construction, the design-build contractor for the project, explained that the process itself is clean as the silos are filled from trucks with a closed blower system, and everything is contained inside the building.

Larry Bodane, representing Geneva Pipe, explained that a fleet of trucks will be maintained, with each making two to three round trips a day, delivering to the southern part of the state. Geneva Pipe is moving its plant from the Hurricane site, and is presently located on the Interstate rock quarry. The proposed facility will be state-of-the-art, and air quality standards will be met. He stated that if dust from the trucks becomes a problem, he would bring in a water truck to keep the dust under control.

MOTION: A motion was made by Council Member Gardner 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 for a private school for Raindancer Youth Services located at 1067 E. Tabernacle, Suite 14B, within a C-2 zone. Ron Hatch, applicant.

Assistant Planner Ray Snyder explained that 25 parking spaces have been allocated for the applicant?s use. Raindancer is changing the nature of their program and will no longer provide a 24 hour treatment center. Students will live in foster homes and come to the private school during day hours only, four days a week, with the fifth day used for field trips. It is anticipated that 30 clients will attend the facility, with ages from zero to 18 years old, from 8:00 a.m. to 5:00 p.m. In addition, staff would like to meet from 6:00 p.m. to 10:00 p.m. in the evenings for training, Monday through Friday. The students are supervised by teachers and aides. The applicant has been in the community for 22 years and has a business license for an office and treatment center, but not for a youth facility. If approved, the applicant will apply for his business license. The Planning Commission recommended approval subject to the following conditions:


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November 17, 2005
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1. Limit approval to a maximum of 30 students. Any future expansions would require additional review by the Planning Commission and City Council.
2. The applicant shall obtain a city business license for the school.
3. The school will not operate as a 24 hour group living environment.
4. The hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday.
5. Additional home parent training and staff meetings may occur from 6:00 p.m. to 10:00 p.m. Monday through Friday.
6. The applicant shall comply with the ?Exclusionary Policy? as outlined in the submitted letter dated October 5, 2005.

Ron Hatch, applicant, explained that his students come mainly from the Navajo nation, with others from various other tribes throughout Arizona and Montana. He has a contract with the state to take some of their kids, and is presently negotiating with them. All his students in Utah are Native American. When they graduate from the program they hopefully reunite with their families, but a few stay in the community and go to college and get jobs. The average age of his students is 12. His program is certified and accredited.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to the recommendations of 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.

APPROVAL OF CONTRACT:
Consider approval of a contract with Alpha Engineering to design a storm drain.

City Manager Gary Esplin explained that the first phase of the project is a storm drain from St. George Blvd. to 100 South. The second phase will take the drainage to 700 South, with the hope that it will all be completed by the time the Plaza is opened. The amount of the contract is $42,000, and staff recommends approval.

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.

APPROVAL OF CONTRACT:
Consider approval of a contract amendment with the Volpe Center to perform additional noise studies for the replacement airport.

Airport Manager Mike Lapier explained that the City is being asked to perform additional noise studies in response to comments received during the comment period of the EIS. Existing data will be used; it will be recast in a different model, and the schedule will not be extended. The Record of Decision will remain on schedule for the end of May, 2006, and this work will be done under that schedule.

City Manager Gary Esplin advised that the cost of the study will be $40,000, with 95% of this cost reimbursed by the FAA.

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

APPROVAL OF LEASES AND FBO NAME CHANGE:
Consider approval of an airport hangar lease with Chris Peterson.
and
Consider approval of an airport lease reassignment from Robert Harris to Kent Bylund.
and
Consider approval of an airport FBO name change from JLH Ventures LLC to the Hansen Family Trust, LLC.

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

ORDINANCE:
Consider approval of an ordinance amending Section 9-1-1, St. George City Code, and creating a board of appeals to review decisions made by the City building official relative to the interpretation of the International Building Code and state amendments thereto.

City Attorney Shawn Guzman explained that the City has adopted the International Building Code which includes a board of appeals. The City would like to establish its own board of appeals to hear appeals on the building code.

MOTION: A motion was made by Council Member Whatcott to approve the ordinance and appoint Les Stoker, Ron Larson, Jim Wilber, Val Langston, and Ed Campbell to the board of appeals.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

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November 17, 2005
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Council Member Allen - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 3, Chapter 2, Artile P, and Title 3, Chapter 4, Article C of the St. George City Code.

City Attorney Shawn Guzman explained that the ordinance clarifies that a motel is a facility which rents for 29 days or less, and anyone staying longer than that in any room of the motel violates the ordinance. The ordinance also requires additional information to rent a room, enacts a penalty for those who fail to remit their taxes to the City, and other minor changes.

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held October 27, 2005.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss potential litigation was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Orton - 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 Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS DISCUSSIONS:
Council Member Whatcott asked staff to check into the arena which has been constructed south of Christensen Park on private property.

Council Member Orton asked staff to find a solution to the dust problem south of Bloomington Hills.

Council Member Gardner reported on a recent meeting on the Lake Powell pipeline. The project is moving along and has been linked with the Bear River project. Mayor McArthur reported that 1/16 of a cent will be diverted to the Board of Water Resources who will take the lead in building the pipeline. It will take three years to complete.

City Manager Gary Esplin advised that Rep. Matheson advised that $26,000,000 has been earmarked for the Red Hills Parkway project, and $26,000,000 has been earmarked for the Southern Corridor project.

The meeting then adjourned.




_________________________________
Gay Cragun, City Recorder