City Council Minutes

Thursday, September 20,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 20, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
City Attorney Shawn Guzman

OPENING:
Mayor McArthur called the meeting to order at 4:00 p.m. and welcomed all in attendance. He commented that since Council Members Whatcott and Gardner were not yet present, all voting would have to be unanimous in order for a motion to pass.

The pledge of allegiance was led by Dan Greathouse. Pastor Bernie Larsen advised that the 4th annual Community Expo will be held this Saturday from 11:00 a.m. to 4:00 p.m. at Vernon Worthen Park. The Expo will feature booths from 34 non-profit organizations and 12 churches. He then offered the invocation.

Council Member Gardner arrived.

Dan Greathouse presented Mayor McArthur with a plaque in recognition of National POW Day, September 21, 2007. He presented a Mayor with a flag that was flown over the White House in remembrance of those servicemen and women who are still missing. He advised there are still 88,000 Americans unaccounted for, dating back to World War II, and 1,734 still missing in Vietnam. In addition Utah has 16 service member who are still missing from the Vietnam War.

Council Member Whatcott arrived.

Mr. Greathouse advised that the traveling Vietnam Wall will be at the Dixie Center December 5-10.

Marilyn Davis presented Mayor McArthur with a painting by local artist Marilyn Stevens of the dwarf bear claw poppy.

Doug Alder advised that the Book Festival will be held October 24-27 at the new Town Square Plaza. Last year 1500 people attended and he anticipated many more this year. He requested $2,000 from the City to help sponsor the event. Mr. Alder advised that City Attorney Shawn Guzman is chairman of the event.

Council Member Bunker advised that she attended a meeting today to plan for a festival in November on the Town Square sponsored by the College. After the meeting they took a tour of the Town Square and all were very excited with the progress being made.

TABLE ITEM:
City Manager Gary Esplin advised that Item 4E, to consider approval of an ordinance changing the zone from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East, and consider approval of a development agreement for a density bonus, were tabled from the agenda.

AWARD OF BID:
Consider award of bid for the Recreation Center restroom remodel project.


St. George City Council Minutes
September 20, 2007
Page Two

Purchasing Manager Connie Hood explained that the City formally published a Request for Proposals, held a mandatory pre-bid meeting and received three bids. She recommended award of the bid to the low bidder, KRB Development, in the amount of $25,261.

MOTION: A motion was made by Council Member Gardner to award the bid as recommended.
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 the 2007 slurry seal project.

Purchasing Manager Connie Hood explained that four bids were received. She recommended award of the bid to the low bidder, Slurry Seal, in the amount of $111,111.

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

AWARD OF BID:
Consider approval to set up an annual blanket award for labor from the Purgatory Correctional Facility.

Purchasing Manager Connie Hood explained that the Parks Department has requested a blanket purchase order in the amount of $39,000 be established for the Purgatory Correctional Facility for labor.

Mayor McArthur advised that the inmates help with maintenance of the fields.

City Manager Gary Esplin advised that they also set up chairs at the Dixie Center, clean up trash and weeds along roadways and trails, etc. The funds go to the Sheriff?s Department to pay for labor to supervise the inmates. Only low risk inmates are used, and they are closely supervised.

MOTION: A motion was made by Council Member Gardner to approve the blanket purchase order as recommended.
SECOND T 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 419 hybrid bermuda grass on sand.

Purchasing Manager Connie Hood explained two bids were received. She recommended award of the bid to the low bidder, Valley Sod. They submitted a bid for the 250,000 sq. ft. needed at a cost of $80,000. However, there is only $40,000 in the budget, so she recommended award to Valley Sod in an amount not to exceed $40,000. She advised that the other bid was three times Valley Sod?s bid.

MOTION: A motion was made by Council Member Orton to award the bid as recommended in an amount not to exceed $40,000.
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 well house (Pratt) valves for the Water Department.

Purchasing Manager Connie Hood explained that Ferguson Waterworks is a local sole source distributor for the Pratt valves which are used at the well houses.
St. George City Council Minutes
September 20, 2007
Page Three

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

City Manager Gary Esplin advised that he asked the Purchasing Department to work on a better form to be submitted as a cover letter on agenda items which show the budgeted amount, estimates, and explanations in lay terms of what the City is buying.

AWARD OF BID:
Consider award of bid for the Willow Run Park playground.

Purchasing Manager Connie Hood explained that after review of the RFQs, Mark Goble selected Play Space Design in the amount of $134,870.

Park Planner Mark Goble presented a power point presentation which reviewed the playground equipment chosen. He explained that the budget for the equipment is $175,000. He explained the process used to select the vendor. He advised that installation is not included, but will come out of the remaining budgeted funds.

City Manager Gary Esplin explained the reason RFQs were used instead of actual bids is because staff wanted to let the vendors be creative and create a playground.

Mr. Goble advised that installation should be between $10,000 and $20,000.

Council Member Bunker inquired about safety standards.

Mr. Goble replied that several safety standards have to be met.

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

Mr. Goble advised the project was scheduled to be complete by January.

AWARD OF BID:
Consider award of bid for dumpsters and porta-pots for the marathon.

Purchasing Manager Connie Hood recommended award of the bid to Dixie Waste Services. Dixie Waste currently has the blanket purchase order for City dumpsters. They also have enough of the ADA units needed at the marathon. The price is $27,916.67, which includes placement and pickup.

MOTION: A motion was made by Council Member Gardner to award the bid as recommended.
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 materials for the Royal Pines Estates storm drain project.

Cameron Cutler advised that this is a joint project with Quality Properties. Their design was for a 36" line along 3000 East , and the City requested that this line be upsized to 60". Bush and Gudgell is the engineer for the project. It was decided to bid out the material with the City paying for the 60" pipe with storm water vaults and access manholes so the price could be reduced by the amount of sales tax. The original estimate for the project is $322,920 with only one bidder. He recommended award of the bid to the sole bidder, Geneva Pipe, in the amount of $299,459.60.



St. George City Council Minutes
September 20, 2007
Page Four

MOTION: A motion was made by Council Member Gardner to award the bid as recommended.
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 the Green Valley 138 kV - 69 kV steel structures.

Purchasing Manager Connie Hood explained there were two bidders. She recommended award of the bid to the low bidder, Galvanizers, in the amount of $274,921. Delivery time is 23 weeks, and the price includes delivery.

Energy Services Director Phil Solomon explained that the structures consist of a variety of A-frames, switches and support structures for inside the substation. The substation is located at the Lakes development off the hill behind Green Valley in a wash.

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

ORDINANCE:
Consider approval of an ordinance repealing the Innkeeper Revenue Tax ordinance and re-enact the tax as a Municipal Transient Room Tax under Sec. 59-12-352, Utah Code Annotated.

City Manager Gary Esplin explained that several years ago the City adopted a license fee on motels of 1%. Under new state law, the City is required to repeal that license fee and enact a municipal transient room tax. It will still be the same amount and collected in the same manner.

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

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance changing the zone from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East, and consider approval of a development agreement for a density bonus.

This item was tabled.

RESOLUTION:
Consider approval of a resolution for the issuance of Sales Tax Revenue Bonds in an amount not to exceed $27 million; establishing the maximum par amount of bonds, maximum interest rate of the bonds, maximum maturity date over which the bonds may mature, maximum discount from par, providing for the notice of a public hearing, and related matters.

City Manager Gary Esplin explained that adoption of a parameters resolution is the first step in issuing bonds. He recommended approval of the resolution in an amount not to exceed $27 million. The funds will be used as follows: $15 million for the Mall Drive bridge, $3 million for the second road at the Dixie Center, $3.5 million for part of the City?s match for the Southern Corridor, $3 million for new airport roads and parking, and

St. George City Council Minutes
September 20, 2007
Page Five

bond issuance costs, for a total of around $24 million. The amount was set at $27 million in case something comes up. He recommended issuance of the ten year bonds to fund these projects.

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

The vote was unanimous and the motion carried.

LIFT STAGE ONE OF WATER CONSERVATION PLAN:
Consider approval to lift Stage 1 of the Water Conservation Plan.

City Manager Gary Esplin explained that at this time of year staff recommends that Stage One of the City?s Water Conservation Plan be lifted, however, citizens are always encouraged to conserve.

MOTION: A motion was made by Council Member Whatcott to lift Stage One of the Water Conservation Plan.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

REUSE LINE COST SHARING:
Consider approval of a reuse line cost sharing.

City Manager Gary Esplin explained that a joint agreement with UDOT and SITLA is proposed to extend a reuse line from the wastewater treatment plant to the Atkinville Interchange. Construction water is needed to help keep the dust down, and in order to accommodate the use of reuse water for this purpose, a pipeline needs to be extended from Sun River to the location of the interchange. This agreement is for the first stage. Since the agenda has been prepared, there has been additional discussion about going further to the east. It is interesting to note that the City finally received $9.5 million on behalf of the Shivwits Band to pay for the cost of all improvements made in their behalf and in settlement of a lawsuit. The City ended up with a good line plus some money.

Water Services Director Barry Barnum explained that the contract cost is $223,310. SITLA is taking the lead on this project. The City?s cost will be reduced by the $25,000 that SITLA is bringing to the table. The City?s cost will be $198,310. Essentially UDOT is going to put in the temporary line and the City will participate to make it permanent. There is good cooperation between the three entities. A discussion has just started about extending this same relationship from the Atkinville Interchange to River Road as the Southern Corridor is built. The City would like reuse water to be used as construction water.

Council Member Whatcott commented it was interesting to note that the cost of exposed pipe is more expensive than pipe in the ground, and putting the pipe in the ground can increase the size of the line as well.

Mr. Barnum explained that the proposed pipe was 8" HDP, but since it is going to be buried, it can be increased to 12" PVC pipe.

Mayor McArthur inquired if there was the possibility of putting in wells for non-potable water to be used for construction.

Mr. Barnum replied he was coordinating this with the Water Conservancy District.


St. George City Council Minutes
September 20, 2007
Page Six

Council Member Gardner commented that the Water District is talking about future plans in Warner Valley, and it would be important to have a source for irrigation water.

City Manager Gary Esplin advised that staff has been talking with the Water Conservancy District about possible ways to store secondary water.

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

MOU:
Consider approval of a MOU with Santa Clara City for construction of the Skyline to Green Valley transmission system.

City Manager Gary Esplin explained that a transmission line is being built around the City, and Santa Clara would like to add some transmission capacity to serve its area. They agreed to pay their share of the costs to upgrade the line.

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

LAND EXCHANGE:
Consider approval of a land exchange proposal with L.W.F. Limited Partnership (Frei family) located along the Santa Clara River between Black Rock Hole #4 and the Frei family farm area.

City Manager Gary Esplin explained the property is owned by the Landon Frei family and is located along Sunbrook. Due to the floods in 2005 and the resulting change to the river banks, the City desires to exchange property with the Freis to clarify ownership.

MOTION: A motion was made by Council Member Gardner to approve the land exchange.
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/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Sunrise Ridge Phase 4 located at 2370 East and 50 South. Gorm Klungervick, applicant.

Project Engineer Cathy Hasfurther explained that this plat had been approved years ago, but because a final plat was not recorded, the preliminary plat expired. Most of the public improvements have been built.

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

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RCC to C-3 on .17 acre located at 594 West 400 North. Mr. and Mrs. Callister, applicants.

Community Development Director Bob Nicholson explained the property owners would like to rezone the site of what has been a chiropractic office for many years. The home is 1,452 sq. ft. Property to the north and south is zoned C-3, and property to the east is zoned RCC. The applicants plan to use the building for office use which requires six off-street parking spaces. The Planning Commission recommends approval with the

St. George City Council Minutes
September 20, 2007
Page Seven

condition that prior to issuance of a business license, a 6' privacy wall between this property and residential property to the east is to be installed.

Council Member Bob Whatcott commented that if C-3 zoning is allowed, there is a huge and wide variety of uses which could be put in. He inquired if the applicant would be agreeable to AP zoning instead of C-3, as the property to the east is zoned RCC.

Mayor McArthur opened the public hearing.

Council Member Whatcott commented that since the use being proposed is office use, an AP zone would be appropriate.

Mr. Nicholson replied that because there is C-3 zoning on two sides, and most of the zoning down Bluff Street is C-3, the applicant is requesting C-3 zoning.

Council Member Whatcott replied that the subject property is offset from Bluff Street.

Mr. Callister, applicant, commented he wanted C-3 zoning as the properties located across from and behind the subject property are zoned C-3.

Martin Lustig commented that he was the purchaser of the property and the one requesting the zone change. He advised he is purchasing the property contingent on its rezone to C-3. The property to the north is zoned C-3. C-3 zoning gives him a variety of choices of uses for the property. He stated that when the Planning Commission asked him what the property would be used for, he said he was not sure, but possibly an office use.

Council Member Whatcott commented that the property is only 66' wide and C-3 uses would be fairly limited. He stated that in order to put in a C-3 use, the applicant would probably end up purchasing an adjacent piece of property as well, and he would then have 132' of property. Right now the area has a neighborhood feel, and AP use is a good neighbor to church and RCC uses, but C-3 can be a bad neighbor to both.

Community Development Director Bob Nicholson reviewed C-3 and AP uses.

Mr. Lustig advised that the property owner is retiring. He stated he would be open to a medical office use but did not have a tenant at this time and has not yet purchased the property. He stated he thought C-3 would be a more open zone.

Council Member Orton commented the City Council wants to protect neighborhoods as much as possible and AP zoning would be better for the neighborhood.

Mr. Lustig replied that he preferred C-3 zoning since the property is next door to C-3 zoning and if he acquires the adjacent property too, there is the possibility that at a later date he might take the building down and do something different.

Council Member Whatcott commented that the applicant could do everything he wanted to do in the AP zone.

Mr. Lustig inquired what type of businesses the City would not want to see there.

Community Development Director Bob Nicholson replied that the types of uses allowed in a C-3 zone include auto repair, welding, light industrial uses, cabinet shops, plumbing, heating and air conditioning, and storage units.

Mr. Lustig advised he wanted C-3 zoning with limitations.

City Manager Gary Esplin replied in that case it would have to be a PD zone.

Mr. Lustig inquired if C-3 zoning without industrial uses would be acceptable.



St. George City Council Minutes
September 20, 2007
Page Eight

City Manager Gary Esplin replied that the issue is whether to approve C-3 zoning. Uses could not be limited without going back through the process, or the applicant could request a down-zone to AP, or the matter could be sent back to the Planning Commission.

Deputy City Attorney Paula Houston advised that the City Council could consider an AP zone as that is a less intense use.

City Manager Gary Esplin explained that if the City Council approved C-3 zoning, all C-3 uses would be allowed and the City Council would lose the ability to control what the property could be used for.

Mayor McArthur commented that if the property were located on the other side of Bluff Street, there would be no question and C-3 zoning would be allowed, but because the subject property is located next to residential zoning and because of its size, it raises questions.

Mr. Lustig commented that the property next to the LDS church was just rezoned to C-3.

Mr. Nicholson replied that this was done 15-20 years ago.

City Manager Gary Esplin commented that the applicant could use the building for office space in an AP zone, and this rezone could be done tonight. The applicant can also come back later with a zone change request to PD Commercial, and the uses would be tied to the PD zone. But tonight the City Council could only take action on a C-3 or AP zone.

Council Member Gardner commented he did not see the C-3 zoning request as that big of an issue and he did not think it would be detrimental to the neighborhood.

Mayor McArthur replied that it would be detrimental if he lived next door to it. There being no further public comment, Mayor McArthur closed the public hearing.

Council Member Whatcott commented that he would make a motion to approve AP zoning or deny C-3 zoning, and the choice was up to the applicant and potential buyer.

Mr. Lustig replied he did not want AP zoning.

Mr. Callister replied he wanted C-3 zoning.

MOTION: A motion was made by Council Member Whatcott to deny the zone change request.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Allen inquired about the difference between C-2 and C-3 uses.

Mayor McArthur commented that if the zone change request is denied, it cannot be reheard for one year.

Council Member Allen commented that in the future, the street will change.

Deputy City Attorney Paula Houston advised that the standards fo C-2 zoning would not apply to this property as C-2 zoning is for highway commercial and the primary objective is to provide space for facilities that serve the traveling public. C-1 zoning is for neighborhood convenience uses, such as a convenience store.

Community Development Director Bob Nicholson explained that if the request is denied, the applicant cannot bring the same request before the City Council for one year without a significant change.

Council Member Orton commented he was shocked the applicant did not want to consider AP zoning.


St. George City Council Minutes
September 20, 2007
Page Nine

Mr. Lustig commented he studied only C-3 uses and not AP uses.

City Manager Gary Esplin suggested the matter could be tabled for two weeks.

Mr. Lustig commented he could not do a thrift shop under AP uses, and there was a
good possibility that is one of things the property would be used for.

City Manager Gary Esplin replied that a thrift store could not be done in an RCC zone either, and that is how the property is currently zoned. If the C-3 zone change request is denied, the property remains RCC. The current existing use is a non-conforming use. Changing to an AP use would be better for the applicant?s financial interests than remaining an RCC zone. He commented that an AP zone is a good transition area, but PD zoning might work too.

Mr. Lustig commented he would be agreeable to tabling the request until the next meeting in order to study the AP zone. He commented he did not want it zoned AP tonight.

Council Member Whatcott commented he would be happy to amend his motion, but tabling the action for two weeks would not change his mind.

City Manager Gary Esplin commented that it might change the applicant?s mind, and would at least provide them an opportunity to look at it.

AMENDED MOTION: A motion was made by Council Member Whatcott to table the matter.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Bunker commented that the City Council was not trying to be arbitrary, as this property is very different from neighboring C-3 properties. It looks and feels like a residence and is located next to a residential area.

Mr. Lustig replied that the neighborhood is becoming more and more commercial.

Council Member Bunker replied that the City did not want it to.

Council Member Orton commented this is why the property is zoned RCC.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-8 to PD Residential on .49 acre located at 550 East 300 South. Leon Jennings Family Trust, applicant.

Community Development Director Bob Nicholson explained the request is for a rezone to add four units (two twinhomes) to the existing Park Central townhome project. The General Plan shows the area as low density residential, up to four units per acre, but under a recently approved amendment to the City Code, the City Council now has discretion to approve a density above the Code subject to certain criteria. He read the criteria. He explained the units will be platted for individual ownership, are similar in scale, etc. They are proposed to be a continuation of the Park Central Townhome project. They will be single story units, with tile roofs. The Planning Commission recommends approval on a five to one vote, subject to the four unit addition being subject to the CC&Rs of the Park Central Townhome project. Mr. Nicholson explained the one negative vote from the Planning Commission may have been due to the overall density of the units generally, but he was not sure.

Deputy City Attorney Paula Houston advised there was discussion at the Planning Commission meeting about the number of homes on one road and the traffic.



St. George City Council Minutes
September 20, 2007
Page Ten

Mr. Nicholson advised that the units meet parking requirements, as each unit has a two car garage. The garages have to be 20' back from the private lane.

City Manager Gary Esplin inquired about owner-occupancy vs. rental, as this is one of the concerns being expressed in the downtown area. He stated that some HOAs do not allow rentals, and this could be made part of the CC&Rs.

Mayor McArthur opened the public hearing.

Mans Jennings, applicant, advised that the CC&RS are in the process of being rewritten to accommodate owner occupation and eliminating renting the units to part time residents. The HOA has accepted these four units as an addition to the Association, and access onto the right-of-way has been approved by the Association.

Mayor McArthur inquired if all the units were owner occupied.

An unidentified man advised that he was President of the HOA, and that all the units were owner occupied.

Chris Engstrom, attorney, advised that he would stiffen up the CC&RS so that there would be no question with regard to this issue.

Mr. Jennings advised that Mr. Engstrom is one of the potential buyers of the units. He advised that the garage setbacks are 24' on the north side and 20' on the south side.

Jana Bowen advised that Ross Taylor was worried about the neighbors who signed a petition years ago to change the zone. He was worried about going against the neighborhood. She stated she lives in the neighborhood and felt like she was tricked into signing the petition. Several others who signed it are now saying they would not have signed it against themselves.

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

Council Member Whatcott explained the RCC zone was established to try and re-establish neighborhoods. He stated he was not opposed to the project, but he felt it was critical to change the CC&RS to prohibit rental of the units.

Mr. Engstrom commented he already lives within the project. The current CC&Rs do not prohibit renting, but a HOA meeting was held and it was unanimous that the CC&RS be amended to prohibit renting. He stated he would amend the CC&RS to prohibit renting.

Deputy City Attorney Paula Houston advised that this could be made a condition of approval.

MOTION: A motion was made by Council Member Whatcott to approve the zone change subject to the recommendations of the Planning Commission and subject to amendment of the CC&RS prohibiting rental of the units and the stipulation that they must be owner occupied.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.




St. George City Council Minutes
September 20, 2007
Page Eleven

PUBLIC HEARING:
Public hearing to consider comment on the draft Consolidated Annual Performance Evaluation Report for program year 2006-07 regarding the City?s use of federal Community Development Block Grant (CDBG) funds.

David Bates advised that the City is required by HUD to report annually how CDBG funds have been spent. He explained that the majority of funds were spent on the Dixie Downs Park. Other projects funded were the down payment assistance program, housing rehabilitation program, and Meals on Wheels. He explained that 14 families were helped as part of the down payment assistance program.

City Manager Gary Esplin advised the City has received many calls saying the program is at a standstill and the sub-recipient is not doing a good job. An official agreement is being put in place.

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

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 10, St. George City Code, to add ?car wash? as a conditional use in the C-1 zone.

Community Development Director Bob Nicholson explained that currently a car wash is a conditional use in the C-2, C-3 and C-4 zones and is not permitted in a C-1 zone. The proposed amendment would add car wash as a conditional use in a C-1 zone. The Planning Commission felt that by limiting the hours or operation, requiring a noise buffer, etc. that a car wash could be made acceptable if located next to a residential area.

Deputy City Attorney Paula Houston commented the reason it was not included previously in the C-1 zone is because there was some concern about what was in the water, such as oil, that would need to be filtered and properly disposed of.

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 ordinance.
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 Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
City Manager Gary Esplin recommended that Gail Bunker be appointed to replace Sharon Isom as Secretary on the Municipal Building Authority.

MOTION: A motion was made by Council Member Gardner to appoint Gail Bunker as Secretary of the Municipal Building Authority.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held August 30, 2007.



St. George City Council Minutes
September 20, 2007
Page Twelve

MOTION: A motion was made by Council Member Orton to approve the minutes as amended.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
Consider approval of the minutes of the special City Council meeting held September 17, 2007.

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.

MISCELLANEOUS:
Council Member Gardner commented that at a recent Economic Development Committee meeting, one of the issues that came up had to do with the University of Utah?s affiliation with Dixie State College. The Economic Development Committee approved a resolution supporting this proposal and asked if the City would be willing to write a letter of support to the Governor and State legislature recognizing the economic and educational advantage to the community.

City Manager Gary Esplin commented the City should adopt an official resolution.

Mayor McArthur suggested that the name ?Dixie? be included in any new name.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Whatcott to adjourn to an executive session to discuss litigation.
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. The meeting adjourned to the Administration Conference Room.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Gardner.
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:
Mayor McArthur inquired about a letter written to Elder Bateman of the LDS Church wth regard to illegal signs.

City Manager Gary Esplin advised that an apology letter was sent, and the original letter was sent without his knowledge. The letter should have been addressed to each person violating the Sign Ordinance.

Mayor McArthur stated that on the radio this morning he said the City would let some things go, such as birthday or congratulation signs, or welcome home signs, as these signs are part of what makes a community.

Mayor McArthur advised he met with a gentleman today who lives in Santa Clara, yet purchased City cemetery plots at a resident rate. The gentlemen thought he purchased plots allowing upright headstone, but when he ordered his wife?s headstone, he discovered only flat headstones are allowed. He asked the City to pay the cost of disinterring his wife and moving her to an upright headstone area. After discussion, it

St. George City Council Minutes
September 20, 2007
Page Thirteen

was the consensus of the City Council that the gentleman had already received a $400 discount when he purchased the plots at a resident rate, and that the City would not pay the cost to have his wife disinterred.

City Manager Gary Esplin gave a brief update on the airport and the LOI which is due to be issued by the FAA shortly. He discussed funding issues, reviewed anticipated costs and ways in which to reduce the cost.

Council Member Whatcott updated the City Council on the proposed purchase of the Stilson property, and parking problems at the library.

Marc Mortensen updated the City Council on the Water Walk project and projected completion date.

City Attorney Shwan Guzman arrived.

City Manager Gary displayed a map of the 450 North area and the 80' right-of-way in the area. After discussion, it was the consensus of the City Council to advise Ms. Linda Kirkpatrick that she can go to a 66' roadway and finish the roadway as she proposed.

Council Member Bunker advised that Washington County recently ratified formation of a County Arts Council.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Allen.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. The meeting adjourned at 7:20 p.m.




_________________________________________
Gay Cragun, City Recorder