City Council Minutes

Thursday, March 16,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 16, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:

Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Gail Bunker
Council Member Rod Orton
Council Member Robert Whatcott
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Judith Mayfield

EXCUSED:
Council Member Larry Gardner

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The invocation was offered by Bishop Russell Leslie, and the pledge of allegiance was led by Council Member Rod Orton.

Mayor McArthur asked Chief Marlon Stratton to talk about the fund raiser for the Washington County Children?s Justice Center.

Chief Stratton explained that the Justice Center has outgrown its current facility. He explained that as a way to help raise funds for a new facility, Officer Johnnie Heppler coordinated a fund raiser with Blue Bunny Ice Cream. Chief Stratton asked Officer Heppler and Patricia Sheffield, Director of the Children?s Justice Center, to come to the podium.

Officer Heppler thanked the Council for allowing the group to present the information to them. He explained that several St. George Police Officers took orders at the ice cream parlor on Main Street Plaza from 6 p.m. to 10 p.m. on a Wednesday evening. Officer Heppler presented Ms. Sheffield with a check in the amount of $1960.

Ms. Sheffield thank the members of the St. George Police Department and said that they represent the best of the community. She explained that they need an additional $250,000 and then they will get a $50,000 match from the Eccles Foundation.

Mayor McArthur asked Ms. Sheffield to briefly explain how the Justice Center helps children.

Ms. Sheffield explained that when there are allegations of sexual abuse or severe physical abuse or drug endangerment of children, law enforcement and Child Protective Services interview the children at the Justice Center. All interviews are taped to ensure that they are done according to best practices so they don?t in anyway lead a child or coerce them into saying things that are inaccurate. They also connect the family and the child with other resources in the community based on the family?s needs. There are 25 people throughout the County who serve on a multi-disciplinary team along with personnel from Child Protective Services. Ms. Sheffield said that the Children?s Justice Center has a staff of 3. Ms. Sheffield advised that members of the 501C3 board were in the audience.

Mayor McArthur asked if those individuals would please stand in order to be acknowledged.

Council Member Rod Orton asked Ms. Sheffield how many children the Justice Center has served. Ms. Sheffield said that in 2004 they interviewed 266 children at the Center and in 2005 they interviewed 324, an 18% increase over 2004.

Mayor McArthur asked Ms. Sheffield to provide information to the audience on how to donate to the Children?s Justice Center. Ms. Sheffield stated that the telephone number is 634-1134, and checks can be made out to The Friends of the Washington County Children?s Justice Center. The facility is located at 441 East 500 South, St. George, Utah.
Mayor McArthur congratulated them on the worthwhile cause and said that he appreciated Officer Heppler and the other officers for their involvement.

Mayor McArthur acknowledged the presence of County Commissioner Jay Ence in the audience and asked if he would like to say anything. County Commissioner Jay Ence responded that it was nice to be in attendance.

Mayor McArthur asked Larry Bulloch, Director of Public Works, to provide an update on the request made last Thursday to put a turn lane in at 1450 South at the intersection of River Road. Mayor McArthur also stated that the City Council had authorized the City Manager to purchase some temporary stop lights for the City?s use.

Mr. Bulloch stated that the Streets Department has widened the road and it is functioning very well separating the left turn/right turn traffic. He said that they have also been able to put together a program in-house with materials and supplies and have started

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installing poles at the intersection and will string some temporary cables to hang temporary traffic signals until the permanent one is put up at the new location further to the south.

City Manager Gary Esplin stated the City entered into a contract with the developer of that property five years ago and that the deadline for the contract is May 8, 2006. He said that the City had contacted the developer several months ago when it appeared that he would not make the deadline but it appears that it will be done by then.

Mayor McArthur stated part of the contract was that the City would be responsible for River Road and the frontage of his property and that the developer would be responsible for 1450 South.

Council Member Rod Orton asked Mr. Bulloch when the temporary light would be up. Mr. Bulloch stated that it would be next week.

Council Member Suzanne Allen asked if the change has made a difference for the residents of the Boulders. Mr. Bulloch stated that there was still concern about safety with trucks going through the neighborhood. He said that the contractor who is working on the river project has assured them that the trucks will not go through the Boulders subdivision. Mr. Bulloch said that he is working with the Police Department to step up enforcement with the trucks. Mr. Bulloch said that they would also be putting up some stop signs to address concerns about speeding, rolling stops and going the wrong direction on some streets.

City Manager Gary Esplin stated that the City has informed the contractor that if he continues to go through the neighborhood the City will shut his project down. He said that a City encroachment officer has determined that it is not an approved route. The trucks are supposed to go down River Road and over to the site. He explained that 3000 East has been closed because of installing sewer lines so all the traffic has had to go on River Road.

Mayor McArthur mentioned that during their visits to communities in other states, he noticed signs prohibiting trucks over a certain weight through neighborhoods. He

suggested that this might be a possibility for the current situation. Mayor McArthur thanked Mr. Bulloch for the update.

Council Member Suzanne Allen said that at a previous meeting it was very clear where the trucks were supposed to be going. She stated that there was no question that they were not supposed to be going through the neighborhoods. Council Member Allen explained that both she and City Manager Gary Esplin had been out in the area several times and witnessed the trucks going through the neighborhood.

City Manager Gary Esplin said that caution should be used when limiting the use of a public street. He said that the rock trucks should not be there but that there are other types of trucks that would need to access the neighborhood because of construction and deliveries. He also said that it would be difficult to enforce.

Mayor McArthur acknowledged a member of the audience who wanted to address the issue.

Mr. Keith Soloman, a resident of the Boulders neighborhood, expressed his appreciation for the intersection and the City?s concern, but he explained that now the truck drivers are coming through the neighborhood after dumping the rocks.

Mayor McArthur asked Mr. Soloman if the trucks were semi?s and 10-wheeler?s. Mr. Solomon said that the majority are big dump trucks. Mayor McArthur clarified that when he reviewed the survey that Mr. Solomon had given him last time, it referred to pick-up trucks as trucks. Mayor McArthur explained that pick-up trucks are considered the same as cars.

Mr. Bob Jacobson, a resident from the Boulders, addressed the group and said that they had a video that showed 225 cars between 6:50 a.m. and 9:25 a.m. He stated that there were 32 trucks that were big trucks or business vehicles with trailers behind them. Mr. Jacobson said that they have a unique situation because the Boulders has a very wide road that causes the traffic coming off River Road to pick up speed. He stated that the traffic has increased because people are taking the interchange through the Boulders instead of going to 1450 South which he stated is a safety factor for the children.

Mayor McArthur explained that he hadn?t had an opportunity to look at the video yet but reiterated that the City was paying attention to their concerns and has reacted very quickly with the addition of the turn lane and the temporary traffic signal.

Mayor McArthur asked City Manager Gary Esplin if the trucking companies have to give the City copies of routes they will be using. City Manager Esplin stated that they were responsible to do that but he was not sure whether there was a designated route for the Middle Virgin project. He said that they had been talking about the Lower Virgin not the Middle Virgin which is also known as the Springs. The City Manager said that they could
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meet with the NRCS and do a change order to the project because the route is unacceptable.

Mr. Soloman said that the residents would like to suggest that the City put a No Left Turn sign for trucks on 1450 South and a No Right Turn sign for trucks on River Road to stop the trucks going through the neighborhood. He also said that over 90 automobiles come from 1450 South within a half hour in the morning. Mr. Soloman said that he thinks a sign that says No Left Turn for Vehicles during those peak hours is needed. He stated that this problem has been going on for a long time and that it needs to be taken care of.

Mayor McArthur said that they would discuss the situation later under New Business and said that Mr. Soloman and Mr. Jacobson could stay until then to continue the discussion. The Mayor acknowledged that there is only one way in and one way out of the development and said that the Council would continue to look at the situation.

Council Member Bob Whatcott asked how much longer 3000 East would be shut down. Barry Barnum, Director of Water Services, stated that it would be about a month.

Deanna Brklacich, Manager of Budgeting and Financial Planning, introduced Ms. Connie Hood as the new Purchasing Manager. Ms. Brklacich said that Ms. Hood has been employed with the City for 5 ? years as a Purchasing Technician II, that she has a Certified Professional Public Buyers Certificate and is very familiar with all of the supervisors. Mayor McArthur congratulated Ms. Hood on the recent promotion. Ms. Hood thanked the Mayor and said that she was excited about sharing the vision of the City.

Mayor McArthur invited Scout Ryan Archibald of Troop 1766 to introduce himself. Ryan stated that he is working on his Citizenship and Community badges.

BID OPENING:
Consider award of bid for the Middleton Trail Wash.

Purchasing Manager Sue Swensen presented the bids received:

JNJ Engineering Construction Inc. $724,917.60
A-T Asphalt Paving Inc. $ 449,418.95

She recommmended award of the bid to the low bidder, A-T Asphalt Paving Inc., in the amount of $449,418.95.

Mayor McArthur asked Kent Perkins, Director of Leisure Services, to update them on the extent of this project. Mr. Perkins explained that the Middleton Wash Trail goes from the North bridge in the Primrose subdivision to the river.

Council Member Gail Bunker asked if the trail goes to Middleton. Mr. Perkins said that it did not go to Middleton, but stops just before the East Ridge commercial center.

Council Member Bob Whatcott asked if the trail was a part of the rebuild from what was lost from the flood last year or a continuation. Mr. Perkins said that it was not part of what was lost in the flood but explained that they have unit pricing and are hoping to have enough information to the contractor before the project is started to determine whether we can make the repairs to the Virgin River. Mr. Perkins said that they have been pulled off the planning because they are waiting for the NRCS to go through and do some work. The NRCS has asked them not to have any contractors in that particular area until they are done.

Mayor McArthur asked if the rights-of-way have been obtained. Mr. Perkins replied that all of the documents are in the hands of those who are signing them.

Council Member Suzanne Allen asked how long the trail will be. Mr. Perkins said that it will be about 1.5 miles in length.

Mayor McArthur asked Mr. Perkins about the connection across the river into Bloomington and over to Bloomington Hills with a bridge across the Virgin River. Mr. Perkins said that there is a new property owner that they have met with and have given him the opportunity to come back and talk to the City. The Mayor asked if the new property owner was given a date to get back to the City. Mr. Perkins said that it was two weeks.
Mr. Perkins said that they had asked the contractor for a date to begin construction on the Santa Clara River trail. The NRCS has decided to extend the diking on the Santa Clara River and asked the City to pull off for another 30 - 45 days.

MOTION: A motion was made by Council Member Rod Orton to award the bid to the low bidder, A-T Asphalt Paving Inc., in the amount of $449,418.95.

SECOND: The motion was seconded by Council Member Gail Bunker.

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


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AWARD OF BID:
Consider award of bid for golf maintenance equipment.

Purchasing Manager Sue Swensen advised that bids were sent out for a variety of golf course equipment and she received two back. She recommended to award a portion of the bid to both suppliers, Rocky Mountain Turf and Turf Equipment. Ms. Swensen said that five items would be from one vendor and four from the other.

Ms. Swensen explained that the lease agreement would be with Textron Financial. They will finance the whole lot for $645,056.00. Staff has reviewed the lease information and recommends paying $175,618.97/year for 4 years at 5.5% apr.

Mayor McArthur asked Matt Loo, Director of Development Services, to address the purchase.

Council Member Suzanne Allen asked Mr. Loo if this was all the equipment that was needed or the most critical right now. Mr. Loo said that this is about two-thirds of the money that has been set aside for the new replacement program.

Council Member Gail Bunker said she thought the initial information that was given on the golf courses was for rental only rather than ownership. She asked if we were renting with an option to buy. Mr. Loo said that this was a lease program.

Council Member Bunker said that her understanding was that we would not own the equipment.

Mayor McArthur explained that after four years of leasing the equipment we would own it and that for private businesses it was a tax advantage. Mr. Loo said that after four years the City would have options to either trade equipment that hasn?t done well, keep what it wanted and get rid of what it doesn?t want to keep. Mr. Loo stated that the intent is to have equipment that is able to be changed out for equipment that requires less maintenance and repair and that can be done with the lease option.

City Manager Gary Esplin clarified that one of the reasons staff is recommending this option is because the City is trying to accumulate funds through the golf fees. He said that there is not enough money in the Golf Course fund to buy all of the equipment at once and continue to make the course improvements such as the club houses and turf.
MOTION: A motion was made by Council Member Suzanne Allen to approve the lease with the scheduled payments.
SECOND: The motion was seconded by Council Member Gail Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Las Hurdes phase 2 with 17 townhome units located at Shadow Point Drive and Las Hurdes Drive.

City Planner Mark Bradley stated that this request has been before the City Council previously and was tabled in order for the applicant to go back to look at design options for the layout of the area. He said that a meeting was held at Rosenberg Associates office with Council Members Bunker and Gardner along with the applicants and their engineers to discuss putting the buildings at different angles on the site.

Applicant Cory Kinder with Ence Homes stated that they feel that the preliminary plat presented is still the best option after looking at several others. Mr. Kinder said that they have met with the neighbors and they said they like the look of the townhomes and the landscape that was proposed.

Council Member Gail Bunker said that she wanted to express gratitude to Mr. Kinder for working with the City and neighbors. She said that she realized that for this particular property there weren?t a lot of options.

Mayor McArthur also expressed his appreciation to Mr. Kinder for taking the time to look at alternatives.

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

MOTION: A motion was made by Council Member Gail Bunker to approve the preliminary plat for Las Hurdes TH #2.
SECOND: The motion was seconded by Council Member Suzanne Allen.
VOTE: Mayor McArthur called for a vote, as follows:

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

The motion carried unanimously.

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PUBLIC HEARING/AMEND M-2 ZONING REGS/ORDINANCE:
Public hearing to consider approval to amend the City of St. George Code, Title 10: Zoning Regulations, Chapter 11: Manufacturing Zones, Section 100-11-2 Uses, to add Recreation Enterprises as either a permitted or conditional use within the M-2 Zone.

City Planner Mark Bradley said that the applicant has a presentation they would like the Council to see. Mr. Bradley stated that the current zoning does not allow for the type of use that the applicant is requesting but that the applicant has found this has been allowed in other areas; therefore, they are making the request to amend the code.

City Planner Bradley explained that there are two M-2 zones within the city; Millcreek Industrial Park, and the former Moore Business Forms building on Dixie Drive. The applicants have made arrangements to lease an existing building in the Millcreek Industrial Park to establish an indoor go-kart track and possibly an indoor climbing wall. He said that at present the M-2 zoning regulations do not allow for such uses. Mr. Bradley said that the Planning Commission recommends approval of the amendment to the M-2 Zone based on the conditional use permit. He said the Planning Commission defined Recreation Enterprises as an ?Indoor go-kart track or indoor climbing wall?.

Mr. David Robinson and Mr. Tim Maserang, applicants for the request to amend M-2 Zone, went through a slide presentation that showed the 60,000 sq. ft. building and stated that the site was ideal because of the excellent visibility, good traffic flow, enough parking and close proximity to restaurants. He showed a slide of the inside of the building where they are planning on putting in corporate rooms which would be able to be rented out. He explained that they are also planning on a small restaurant in the facility. Mr. Robinson said that they are planning on having one track for adults and a different track for children.

Mayor McArthur asked Mr. Robinson how fast the cars go. Mr. Robinson said that the carts can go up to 30 - 40 mph. He also explained that they have required safety features on the carts such as roll bars, energy absorbing plastic, 3-point harnesses and whiplash pads and all participants are required to wear helmets.

Mayor McArthur asked about the air exchange system. Mr. Robinson explained that they have a three zone ventilation system that exchanges 1.9 cubic feet of air every 33 minutes.

Council Member Gail Bunker asked if they were planning on having security on site during the hours of operation. Mr. Robinson stated that they have not planned on having on-site security. The staff on site would address security issues. The operating hours would be 11 a.m. to 10 p.m. Monday through Thursday and 11 a.m. to midnight on Friday and Saturday.

Mr. Maserang stated that he interviewed all of the businesses surrounding the facility and determined that most of the businesses have similar hours of operation so they didn?t feel that security would be an issue.

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

Mayor McArthur requested Police Chief Stratton to give his opinion on the use of the building for the proposed activities in a M-2 zone.

Chief Stratton told the Mayor and City Council that typically they don?t have problems with the kind of business being proposed. The Chief stated that he would request that the owners agree to provide security if it became necessary. Chief Stratton said that he liked that the owners were having their staff members responsible to monitor security and work closely with the Police Department.

Council Member Bob Whatcott commented that as property values change it would be difficult to find a location where an indoor recreation facility could go. He said that he felt is was a plausible and realistic move as long as it can be controlled from a police standpoint.

Chief Stratton agreed with Council Member Whatcott and said that it?s exciting to see that there are some more opportunities for recreation.

Council Member Gail Bunker wanted to know about the outside lighting. Mr. Maserang said that there is some outside lighting on the building but that they would be adding lighting to the front of the building. He said that they would comply with any lighting requirements.

Council Member Rod Orton wanted to clarify that the staff?s recommendation was for a conditional use and not a permitted use in the M-2 zone.

City Attorney Shawn Guzman stated that his understanding was that it would be a permitted use.

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City Planner Mark Bradley stated that the applicants? request was for a permitted or conditional use. The Planning Commission recommendation was for a conditional use permit in that zone.

Mayor McArthur asked if they could do that.

City Attorney Shawn Guzman responded to the question by explaining that there is no requirement to review conditional use permits within a year any more and that all requirements of the conditional use would have to be spelled out. He said that it could be done in the ordinance itself so he didn?t see the benefit of making a distinction between conditional uses and permitted uses.

Council Member Rod Orton asked when the City lost its? ability to review a conditional use.

City Attorney Shawn Guzman explained that the City could still have a conditional use but that the law tightened up how conditional uses are allowed about a year ago.

Council Member Bob Whatcott asked City Attorney Guzman if one recreation activity could be a permitted use and another recreation activity could be a conditional use.

City Attorney Shawn Guzman said that if it were a conditional use it would have to be approved but if it was a permitted use they would not have to if they met the requirements.

Council Member Bob Whatcott stated that this request is two-fold. He said that they are not only looking at the applicants? request but also a request to amend the zone.

There was discussion among the Council Members and the City Attorney about the differences between conditional use and permitted use in the M-2 zones. City Attorney Guzman said that if the City felt the business was in harmony with the zone he would recommend a permitted use.

City Planner Ray Snyder said that staff would prefer a conditional use permit so they can look at lighting, parking, incidental use and the restaurant.

Council Member Bob Whatcott asked if all of the stipulations would have to be decided in order to have the conditional use.

City Attorney Guzman said that the stipulations for the conditional use permit would have to be determined before the request could be approved.

City Planner Ray Snyder said that staff?s understanding was that the Council was looking at amending the zoning ordinance to list the two uses mentioned in the request and to say that they have to come in for a conditional use permit.

Mayor McArthur clarified that the applicant would have to apply for a conditional use permit.

Council Member Bob Whatcott clarified that the request was for an amendment to the zoning regulations and not for a conditional use permit.

City Planner Ray Snyder stated that the request was only for the ordinance change.

MOTION: A motion was made by Council Member Whatcott to approve the request to amend the M-2 Zoning Regulations.
SECOND: The motion was seconded by Council Member Rod Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance to amend the City of St. George Code, Title 10 Zoning Regulations, Chapter 21 Landmark Sites, to establish additional criteria for buildings to be designated as City Landmark Site and expound on the types of uses that are appropriate for Landmark Sites.

City Planner Mark Bradley stated that the present code has very little criteria for determining which buildings are worthy of Landmark status. The proposed amendment provides additional criteria and also standards for the types of uses appropriate for landmark sites (eg. Bed & Breakfast Inns, small offices, etc. which generate very little traffic and parking needs.) The City Council considered this issue on 12/15/05 and tabled the amendment for further wording modifications.

Mayor McArthur asked City Attorney Shawn Guzman for his comments about the request. St. George City Council Minutes
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City Attorney Guzman said that the Council had asked Bob Nicholson, Director of Community Development, to take a look at making the criteria a little more specific. He said that it appeared that is what Mr. Nicholson had attempted to do with the changes made.

Council Member Whatcott asked if it was only Mr. Nicholson who had been working on the wording modifications.

City Planner Ray Snyder said that Mr. Nicholson had been the one working on the amendment.

Council Member Whatcott suggested that the item be tabled until Mr. Nicholson was present to answer questions.

City Manager Gary Esplin stated that there wasn?t anything that needed to have action taken on it immediately, so he also suggested that the item be tabled.

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

BEER LICENSE AND LOCAL CONSENT FOR A RESTAURANT LIQUOR LICENSE:
Consider approval of a beer license and local consent for a restaurant liquor license for Don Jose Mexican Restaurant at 1183 East 100 South. Hector Valdez, applicant.

City Manager Gary Esplin stated that the applicant had met all of the requirements.

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

AUTHORIZE SALE OF CITY PROPERTY:
Consider approval to authorize the sale of property owned by the City of St. George located at approximately 210 N. Bluff Street.

City Manager Gary Esplin stated that in order to sell a piece of property the City has to determine whether the property is surplus and authorize the property to be sold. He said that this is a remnant parcel of property adjacent to the old City office on Bluff Street. An appraisal of the 4258 sq. ft. piece of land was commissioned by the applicant in July, 2005 showing a value of $9,700. City Manager Esplin stated that there were a couple of alternatives. If the Council feels that the property has no value other than to the adjacent property owner because of access issues and that the appraisal is appropriate, it can accept the appraisal. He said that a second alternative would be to authorize another appraisal and average the values.

Mayor McArthur asked the City Manager for his recommendation.

City Manager Esplin said that the logical owner is the adjacent property owner but questioned whether $9,700 was a fair price.

Council Member Whatcott stated that the 2005 appraisal came to $2 a square foot.

Mr. Don Darling, owner of the property in question, asked what the Council would like to know about the property.

City Manager Esplin said that they would like to know if Mr. Darling felt that $2 a square foot was an appropriate amount for the City to pay for the property.

Mr. Darling said that he thought it was a fair price because the property doesn?t have any value to anyone else. He said that he discovered that his driveway on the south was going over City property so he is proposing buying it from the City. He said that the additional parcel would enhance his property and put additional property on the City?s tax rolls.

Council Member Orton stated that he felt it would be fair for the City to have its own appraisal and then average the two values as has been done in the past.

Mayor McArthur asked Mr. Darling if he would be opposed to the City having another appraisal at the City?s expense and then having the two appraisals averaged to agree on the sale price.

Mr. Darling said that he felt that would be alright.

MOTION: A motion was made by Council Member Orton to have the property designated as surplus and to have the City get an appraisal of the property and to average it with the July, 2005 appraisal to establish a sale price.

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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 declared a 5 minutes recess.

Mayor McArthur called the meeting back to order.

SET PUBLIC HEARING:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held March 14, 2006, recommended that a public hearing be scheduled for April 6, 2006 at 5:00 p.m. to consider a request to amend the final plat for Shadow Creek Phase 2; request to amend the final plat for Riverwood Phase IV Townhomes; request to amend the final plat for River Breeze Phase 2; request for a zone change from A-1 to R-1-10 with a voluntary development agreement on 28.04 acres located at the southeast corner of 3000 East and 2000 South intersection; request for a preliminary plat for Palomar; request for a preliminary plat for Cornerstone; and, a request for a preliminary plat for Rocky Bluffs.

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.

FINAL PLATS:
City Planner Mark Bradley advised that the Planning Commission, at its meeting held March 14, 2006, recommended approval of the final plats for Foremaster Ridge Phase 5, and for Holt Subdivision.

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

CONDITIONAL USE PERMIT:
City Planner Ray Snyder stated that the conditional use permit was to construct a detached garage with a height up to 21 feet at 517 Belmont Drive, Lot 39 Bloomington Ranches Phase 5.

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

MAIN STREET CLOSURE FOR SPECIAL EVENT:
Consider approval of a request to close Main Street from the roundabout on Tabernacle to approximately 50 S Main for a bike race event on April 1, 2006, Kai Reed, applicant.

Ms. Lucy Armodt, President of the Southwestern Utah Bicycle Touring Association, explained that the Club has had an annual 100 mile ride fund raising event for the past 5 years in Ivins. Mr Armodt said that this year they are having a 3 day festival from March 31, 2006 through April 2, 2006. She said that the request is to close half the Main Street block from the south end of the roundabout at Tabernacle to the first driveway at Wells Fargo Bank. The requested closure would be from 6:30 a.m. until 4:00 p.m. on April 1,2006 to accommodate the start of the 100 mile race and Kid?s Day Activities. Ms. Armodt said that the Club will be giving away 150 free bike helmets. She explained that all proceeds from the events will stay in the community and will be used for bicycle safety, education and advocacy.

There was discussion among the Council members and Ms. Armodt about other possible locations for the event because of traffic issues associated with the St. George Boulevard construction. Ms. Armodt said that the site was chosen because of the close proximity to the merchants and Wells Fargo as one of the sponsors.

Mayor McArthur asked Marc Mortensen, Support Services Manager, for his comments.

Mr. Mortensen stated that both he and Aron Baker, City Engineer, had been working with the group. Mr. Mortensen acknowledged that April is the busiest month for traffic in the City. He stated that St. George Boulevard will be closed to Main Street due to the construction. He said that the event would not affect east/west traffic on 100 South or on Tabernacle. Mr. Mortensen said that staff support the event along with the Police Department, the Leisure Services Department, and the Convention and Visitors Bureau has contributed money to the event.

Council Member Orton asked if the Police Department will be assisting with the events.

Mr. Armodt stated that the Police Department had been contacted and that they would be assisting with the event.


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City Manager Gary Esplin said that he would like to suggest that in the future they look at months other than March and April because of the number of other events that are already scheduled for these months.

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

CERTIFICATE OF ANNEXATION:
Consider approval to accept a Certificate of Annexation for Dixie Drive West Annexation. Zions First National Bank, Custodian, applicant.

City Manager Gary Esplin explained that the annexation petition was originally submitted and accepted by the City Council in November, 2005 but it was discovered during the certification process that the petitioners and owners were different. He said that the petition has now been signed by the correct owners.

MOTION: A motion was made by Council Member Whatcott to accept the Certificate of Annexation.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CITY TO PROVIDE LANDSCAPE MAINTENANCE:
Consider approval for the City to provide landscape maintenance along Stonebridge Drive through Snowfield Estates Subdivision.

Dr. Jeff Rogers, owner and representative of family for Snowfield Estates Subdivison. Dr. Rogers stated that several items need to be cleared up regarding landscaping maintenance along Stonebridge Drive. He said that the family would furnish the landscaping and deed the City two shares of water if the City would agree to maintain the landscaping. Dr. Rogers stated that the other issues had to do with landscaping on Valley View Drive; a wall separation between Snowfield Estates and Vista del Sol; and, two hillside areas.

Council members and staff discussed their concerns about addressing requests like these. City Manager Gary Esplin stated that the City has been dealing with issues like this for several years and hasn?t come up with an answer. After much discussion Council Member Orton suggested that they meet on the site before making a decision.

City Manager Gary Esplin stated that the next work meeting could be a special work meeting held on site. He asked Dr. Rogers if waiting another week would present any problems. Dr. Rogers stated that it would not.

MOTION: A motion was made by Council Member Orton to have a special work meeting on March 23, 2006 on site at 4 p.m.
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 FOR INSTALLATION OF A WATER LINE:
Consider approval of a change order for installation of a water line in 3000 East, Water Services Department, applicant .

Director of Water Services, Barry Barnum, stated that the 3000 East sewer is in the worst condition that he has ever done a project on. He said that part of the master plan is to put a 30" diameter water line down the street for future development. Mr. Barnum is requesting that while the road is torn up they put the water line in through the section that will need to be repaved.

Council Member Allen asked if there was anything else that needs to be put under the road before it?s repaved.

City Manager Gary Esplin said that it is they might want to put extra conduit in for future communication needs. Mr. Barnum stated that they could do that.

MOTION: A motion was made by Council Member Bunker to approve the change order in the amount of $595,600.
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.

City Manager Gary Esplin recommended Mr. Kim Campbell and Mr. Scott Christensen be appointed as alternatives to the Appeals Board for Building Permits.

MOTION: A motion was made by Council Member Whatcott to approve the appointments.
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
March 16, 2006
Page Ten

ADJOURN TO CONFERENCE ROOM:

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

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

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

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

NEW BUSINESS:
DISCUSSION OF LAND USE BILL

County Commissioner Alan Gardner, Mr. Randy Johnson, Land Use Bill consultant, and Mr. Ron Thompson from the Washington County Water Conservancy District participated in a discussion with the City Council and the City Manager regarding differences of opinions about the proposed Land Use Bill.

Mayor McArthur stated that the City wants to see a map of the area, where the corridor will be located and the agreement before they will support the bill.

City Manager Gary Esplin said that they want the Land Use Bill but it needs to specify where the beltway would be within ? mile, access issues and speed limits.

Mr. Johnson said that he would work with Congressman Matheson and Senator Bennett to come up with language that would address the City?s concerns.

PROPERTY APPRAISAL

City Manager Gary Esplin said that the City would be appraising 3 parcels of property owned by Ence between Dixie Drive Road and Snow Canyon Parkway. He explained that the City is trying to obtain that property and is working on an exchange with Ence for property that the City owns by the Marriott. The City will use CDBG funds if necessary.

BOULDERS SUBDIVISION

City Manger Gary Esplin said that in retrospect the City shouldn?t have given Mr. Sheffield 5 years to complete the project. He also said that he would expect to have the Traffic Engineers make some recommendations on how to manage the congestion in that area.

TREE REMOVAL AT VILLAGE BANK CONSTRUCTION SITE

Council Member Orton expressed his concern about the trees being cut down at the Village Bank construction site. He said that he was not aware that the appropriate steps were taken by the contractor to have the trees removed. Council Member Whatcott agreed and stated that it appeared as though the City?s policies had been circumvented.
Discussion was held to try and determine what happened and if there could have been options to save some of the trees.

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






Judith Mayfield, Deputy City Recorder Date