City Council Minutes

Thursday, August 6,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 6, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Gloria Shakespeare
Councilmember Jon Pike
Councilmember Suzanne Allen
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Councilmember Gil Almquist

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He advised that Councilmember Allen is traveling back from a JPAC meeting in Salt Lake City and will be arriving late.

Mayor McArthur advised there have been a few cases of the H1N1 flu virus in the community and he urged all citizens to wash their hands often to prevent the spread of the virus and to practice personal preparedness in the event of an outbreak.

Councilmember Pike advised that the Southwest Utah Health Department website, www.swuhealth.org, has great information about the flu virus.

Mayor McArthur then led the pledge of allegiance to the flag and the invocation was offered by Pastor Jimi Kestin.

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

AWARD OF BID:
Consider award of bid for the chip seal oil supply project.

Purchasing Manager Connie Hood advised that bids were sent to five bidders but only one responded. She recommended award of the bid to Paramount Petroleum in the amount of $62,387.52, which is 14% over the engineer?s estimate.

City Manager Gary Esplin explained that the City does not have much choice except to award the bid as the project has to be done during the summer months.

Mayor McArthur explained that chip and seal is the least expensive process and provides the most value for the money.

MOTION: A motion was made by Councilmember Bunker to award the bid to Paramount Petroleum in the amount of $62,387.52.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the airport landside roadway and paving project.

Purchasing Manager Connie Hood explained 11 bids were received and after a thorough evaluation, the recommendation is to award the bid to the low bidder, Quality Excavation, in the amount of $5,191,189.05

Public Works Director Larry Bulloch advised the correct recommended amount is $5,191,609.05.

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August 6, 2009
Page Two

City Manager Gary Esplin advised that staff recommends going with the base bid and not the alternate which will allow the City to upsize the water line to the other side of the general aviation area of the airport. This project will extend from the roundabout in the Southern Parkway north along the airport fence on the east side of the airport main access road into the terminal building. It includes the parking lot, landscaping, median areas, water line and storm drain. Mr. Esplin advised this project cost is part of the overall $145,000,000 to $160,000,000 cost to build the airport.

Public Works Director Larry Bulloch explained this project includes construction only. A proposal for engineering and construction management will be presented at a later date.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order to complete reconstruction of Blackridge Drive.

Purchasing Manager Connie Hood advised the change order is with Desert Hills Construction in the amount of $1,234,773.10.

Mayor McArthur commented that this will complete Blackridge Drive.

City Manager Gary Esplin recommended that while Blackridge Drive is torn up, the City redirect some of its pavement management funds to finish the entire length of the road by September. This will require a contract modification with Rosenberg in the amount of $29,290. Mr. Esplin advised that the Hilton Drive project has been bid and awarded and will be under construction right away.

MOTION: A motion was made by Councilmember Shakespeare to approve the change order in the amount of $1,234,773.10 with Desert Hills Construction and the contract modification for engineering with Rosenberg in the amount of $29,290.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

CHANGE ORDERS:
Consider approval of two change orders for work on the replacement airport water line.

Purchasing Manager Connie Hood advised the change orders are with Desert Hills Construction in the total amount of $76,374.34.

Mayor McArthur commented these change orders will take the waterline to the general aviation side of the new airport.

City Manager Gary Esplin explained the City has an existing contract with Desert Hills Construction to loop the water line around the airport. This is a change order to that contract.


St. George City Council Minutes
August 6, 2009
Page Three

MOTION: A motion was made by Councilmember Bunker to approve the change orders.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for tamarisk clearing.

Purchasing Manager Connie Hood advised that seven bids were received. The low bid was submitted by Prime Excavating in the amount of $300.00 per acre. The City has a grant of $70,000 to pay for the project, which will cover 233.3 acres.

Streets Superintendent Randy Halverson explained that one defoliation has taken place this summer. The tamarisk are again heavily infested with larva so there will be another defoliation this season. Experts advise it takes three to four defoliations to put the tamarisk in enough stress to die. City crews are also applying herbicide as well as using machinery to clear the tamarisk. He advised that Washington City has let a contract for 100 acres. He advised that tamarisk clearing machinery will be in the Middleton Wash in a few weeks.

MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a parameters resolution for a replacement airport bond issuance where the interlocal agreement with Washington County is the pledged revenue source for the bonds.

City Manager Gary Esplin advised the resolution sets the total amount not to exceed $12,000,000 at an interest rate of 5.95%. The next step will be a public hearing and then out to market.

MOTION: A motion was made by Councilmember Bunker to approve the resolution.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution approving an interlocal agreement with Washington County for their participation in providing funds toward the replacement airport.

City Manager Gary Esplin advised the resolution approves an interlocal agreement with Washington County who will provide revenue to help build the new airport. They will provide $700,000 annually for the next 25 years out of TRCC fees, which are basically restaurant fees and tax on car rentals. These fees and taxes can only be used for certain purposes, not general fund purposes, and the new airport fits within the uses allowed. This will allow the City to issue around $8,000,000 - $8,500,000.

St. George City Council Minutes
August 6, 2009
Page Four

Mayor McArthur commented it cannot be emphasized enough how much the City appreciates the County stepping forward with their commitment of funds for the airport.

MOTION: A motion was made by Councilmember Pike to approve the resolution.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit to hold the annual Tour de St. George charity ride. Tim Tabor/Grace Sports, LLC, applicants.

Tim Tabor, applicant, advised the event will take place October 17. He requested that Main Street between Tabernacle and 100 South be closed for the event between 6:00 a.m. and 9:00 a.m. on that day. The route is 100 miles around the entire county. Last year there were 600 participants from all over the country.

Councilmember Bunker commented that the City is trying to discourage the closure of streets, and inquired of the applicant if there was any way they could use the parking lot to the west of the Town Square instead.

Mr. Tabor replied the problem would be getting all the riders out, as they are escorted out of town. This would make it harder for them, and harder to achieve a festival atmosphere.

Councilmember Bunker commented she was not against the event, but suggested that next year the applicant consider using the parking lot instead.

Mayor McArthur commented it is easier for the riders to start on a straight course than on a turn, and it is a good time of day to close a street.

Mr. Tabor advised that the race finishes in the same location but the street does not need to be closed in the afternoon because the racers come in staggered.

City Manager Gary Esplin inquired of the applicant if he planned on using Town Square at all.

Mr. Tabor replied that he did not plan on using Town Square. He advised the race is for charity and this year the funds collected will probably go to the local soup kitchen, another soup kitchen in Santa Clara and Hope pregnancy center.

MOTION: A motion was made by Councilmember Bunker to approve the special event permit.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a request from the Huntsman Senior Games to use the Little Valley soccer fields for an archery competition at the Senior Games.

City Manager Gary Esplin explained that last year the archery competition was held at Mathis Park. The applicant would like to expand the event and hold it at the Little Valley soccer fields. There were no problems last year. Staff has reviewed the request and recommends approval.



St. George City Council Minutes
August 6, 2009
Page Five

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit.
SECOND: The motion was seconded by Councilmember Shakespeare.

Councilmember Shakespeare inquired if a larger directional sign to the soccer fields could be accommodated.

City Manager Gary Esplin replied a larger sign will be placed by the bridge. He advised he would check into placing a smaller directional sign in the area as well.

VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held July 28, 2009, recommended public hearings be scheduled for August 20, 2009 at 5:00 p.m. to consider (1) a proposal to provide provisions for short term rentals by modifying Title 10, Chapter 14 Section 22, St. George City Code, Short Term Leases of Residential Properties, by changing Section E Residential Lease, Short Term, Prohibited, to provide for exceptions to allow short term rentals; and (2) a request to modify the list of approved uses with conditions for the Sunbrook Ranch PD Commercial zone at 415 South Dixie Drive by adding dances for the general public to the list of allowed uses. However, staff recommends that the public hearing with regard to short term rentals be postponed until the issue can be discussed in a work meeting.

MOTION: A motion was made by Councilmember Bunker to schedule the public hearing to modify the list of uses for the Sunbrook Ranch PD as recommended.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

EASEMENT AND RIGHT OF WAY AGREEMENT:
Consider approval of an easement and right-of-way dedication agreement with Bryce Christensen for construction of Flying J Road (120 East).

City Manager Gary Esplin explained the right of way is located east of the Flying J off Brigham Road. The City has been dealing with the BLM and bear paw poppy issue and getting the BLM to deed any property to the City for this right-of-way has been difficult. The City has had to take the amount of land the BLM is willing to relinquish and obtain the rest from the property owner on the west side of the road, Bryce Christensen. Mr. Christensen has agreed to this easement and right-of-way agreement.

Mayor McArthur commented the City has been trying to obtain another access into the Flying J to help alleviate congestion and truck traffic.

City Manager Gary Esplin commented the entrance will be moved further to the east.

Aron Baker advised the connection will move back by La Quinta and exit out the regular way. A median will be placed in Brigham Road to prevent left turns. UDOT will be changing the roundabout on the east side of the freeway from a teardrop to a regular roundabout. A bypass lane into Walmart is also part of the contract.

MOTION: A motion was made by Councilmember Pike to approve the easement and right-of-way agreement.
SECOND: The motion was seconded by Councilmember Shakespeare.
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August 6, 2009
Page Six

VOTE: Mayor McArthur called for a vote as follows:


Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised the Planning Commission recommended approval of the final plat for 120 East Street roadway dedication east of the Flying J truck stop.

MOTION: A motion was made by Councilmember Bunker to approve the final plat.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Councilmember Allen arrived.

PRELIMINARY PLAT:
Jay Sandberg advised that the Planning Commission recommended approval of the preliminary plat for Hidden Valley Community Subdivision - Church and School Sites, to create two lots. Lot 1 is 12.59 acres for a proposed school and Lot 2 is 5.15 acres for a proposed church.

MOTION: A motion to approve the preliminary plat was made by Councilmember Bunker.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Jay Sandberg advised that the Planning Commission recommended approval of the preliminary plat for Tonaquint Terrace at Southgate to remove two lots and reconfigure the roadway to accommodate a proposed church site. The existing street will be stubbed out and turned into a culdesac.

Councilmember Pike declared a conflict of interest through the LDS Church, but stated he had no financial benefit so will participate in the discussion and vote.

Councilmember Shakespeare commented at the Planning Commission there was a lot of discussion about the hillside and how it will be terraced to solve some hillside issues.

MOTION: A motion was made by Councilmember Shakespeare to approve the preliminary plat.
SECOND: The motion was seconded by Councilmember Allen.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Bunker - aye


St. George City Council Minutes
August 6, 2009
Page Seven

The vote was unanimous and the motion carried.

HILLSIDE PERMIT:
City Planner Ray Snyder displayed site plans and photos of the proposed church site located on the west side of Tonaquint Drive at 2500 South. He advised that the Planning Commission recommends approval subject to five conditions: (1) the applicant shall follow the recommendations of the geotechnical letter and report; (2) the applicant shall follow the recommendations of the drainage report; (3) the concrete retaining walls shall be color tinted to blend in with the natural rock color of the immediate vicinity; (4) the applicant shall provide a cross section that demonstrates that the church will not be seen in Bloomington protruding above the adjacent cuesta; and (5) orange temporary fencing shall be installed to indicate limits of disturbance.

Councilmember Bunker inquired if there will be a deceleration lane.

Mr. Snyder replied there would not.

Councilmember Bunker commented a deceleration lane should be required on such a busy street.

Community Development Director Bob Nicholson explained there will not be a driveway off Tonaquint Drive; a side road provides access into the site.

MOTION A motion was made by Councilmember Pike to approve the hillside permit subject to the conditions recommended by the Planning Commission and Hillside Review Board.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit for a short pour concrete batch plant located at 630 N. Red Rock Road in the St. George Industrial Park. Glen Bishop, applicant.

City Planner Ray Snyder presented photos of the site. He explained the applicant will use the existing 800 sq. ft. building for an office. The Planning Commission recommends approval subject to the following conditions: (1) the operation shall comply with NPDES; no wash-up discharge shall enter the City storm drain system and the applicant shall encourage customers to wash the mixers before returning them; (2) inspection and approval is required by the Building Department prior to occupancy of the business; (3) there shall be a maximum of five trailers on display on site due to the site size, parking requirements and batch plant equipment placement; (4) maintain a clear site area at the corner of the intersection for traffic safety; (5) if the use intensifies the City Council shall re-evaluate the conditional use permit; and (6) the applicant shall adhere to the findings. There is adequate parking.

Councilmember Shakespeare expressed concern about the limited parking. She advised that the applicant has an agreement with an adjacent property owner for use of a few parking spaces. She inquired what would happen if that agreement were terminated.

Councilmember Pike replied that the conditional use permit could be terminated.

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission and in accordance with the findings.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:



St. George City Council Minutes
August 6, 2009
Page Eight

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit to construct a detached garage with a height up to 25' to the roof peak located at 2304 East 2190 South in the Greystone Estates Subdivision. Jerry Bilanzich, applicant.

City Planner Craig Harvey explained that the zoning is R-1-10. He presented photos of the site. The applicant is required to obtain a letter from the JUC because he is locating the garage over an easement.

Mayor McArthur inquired of Mr. Harvey if the applicant knew if something happened and the City needed to access the easement, the City could take down the garage and the applicant would have to rebuild it at his expense?

Mr. Harvey replied the applicant is aware of this. The Planning Commission recommended that the garage be moved 2.5 feet out of the easement. The applicant advised he would do so if the Planning Commission made that a condition of approval, but they did not.

City Manager Gary Esplin commented that the Planning Commission gave the applicant a choice.

MOTION: A motion was made by Councilmember Allen to approve the conditional use permit, commenting there are many similar garages in the area and this one seemed to fit.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from Open Space to RE-37.5 on 0.95 acre located at 660 West Man O War Drive in Bloomington. Ken Young, applicant.

City Planner Craig Harvey explained the original request was to rezone the entire parcel of 3.94 acres. The Planning Commission did not feel this was appropriate as it would allow the applicant to subdivide the land into one acre parcels and have four homes. The applicant amended his request to make one lot so only one home can be placed on the property. The site is not within the 100 year floodplain however it is within the erosion hazard boundary line.

Mayor McArthur commented he stood on this very site in 2005 and there was water. He stated he worried about building anything in this area as he felt it would be flooded again.

Mr. Harvey presented photos of the site. He advised that the Planning Commission recommended approval on a seven to zero vote subject to the following conditions: (1) the applicant shall sign a flood hazard waiver to be kept on file with the City; (2) no fill on the site except where the dwelling will be located; (3) the driveway must be aligned with the Bloomington Man O War Park east driveway entrance; (4) the applicant must adhere to the recommendations made by Rosenberg Associates with regard to mitigating the erosion hazard issue, and (5) the applicant must dedicate the appropriate easements to the City.
Staff recommends that the zone change be contingent upon approval of a lot line adjustment. He commented that even though the Planning Commission recommends approval, staff is uncomfortable with approving the request.


St. George City Council Minutes
August 6, 2009
Page Nine

Jay Sandberg explained that initially the Planning Commission was not in favor of the request and reducing the acreage was a compromise. The property was zoned Open Space long before the flood plain maps were adopted. Recommendations with regard to monitoring the erosion protection and ongoing maintenance is always difficult with single property owners. The mapping for the flood line was done after the river had been cleaned and dredged and vegetation removed. Not too long after the maps were adopted in 1987 the flood plain came further up into the property. Practically speaking, there is more potential for the flood plain to go back to where it originally was. Staff is hesitant with the request as the initial intent of the erosion boundary was not to limit construction, but to require developers to develop to a higher standard to mitigate erosion. If the property is already zoned Open Space, staff is hesitant to support the zone change to a residential use within the erosion hazard boundary.

Rick Rosenberg commented that his firm performed the erosion hazard assessment. The property has been flooded twice in the past 25 years. Erosion on this site has been fairly minimal. The erosion hazard boundary lines can be modified over time and relocated. He advised he is familiar with the improvements and what has happened historically on the site. The building will be elevated above the road and significantly above the 100 year flood plain. The last flood had a very minor impact on the back of the property with no erosion damage to the site. The project will better existing conditions and protect adjacent properties. The rock walls were not designed for a 100 year event and there will be flooding behind it and adjacent to it. The applicants were there during the flood of 2005 and are not new to the concept and understand the process. They have always wanted just one unit and had no intention of subdividing the land into multiple units. What has been learned from the flood has been incorporated into this plan and grading will be done to comply with the master plan. Additional geotechnical work is proposed which was not available when the erosion hazard study was done. Clear access to the river will be provided for maintenance and the new home will be one of the better protected homes in the area because of the new standards.

Councilmember Pike inquired what kind of build up or rip rap would be done.

Mr. Rosenberg replied that rip rap is one option, as is a concrete flood wall. The amount of fill will be limited and just the home will be elevated. A deep foundation system will be used.

Mayor McArthur opened the public hearing.

Councilmember Allen commented the City Council received one letter in favor of the project from a neighbor.

Mayor McArthur commented that two different master plans have been spoken of - the City?s master plan and the river master plan. He expressed concern about adding anything closer to the river in the open space. He stated that while the flood mitigation is good, he could not see adding more residences in the area.

Councilmember Bunker commented that while she feels strongly that people who own property should be able to develop the property the way they want to, she is worried for whoever will purchase this property down the road, as many do not read the fine print. She stated that due to the devastation she witnessed during the flood of 2005, she could not be persuaded that the request is a good idea.

Councilmember Pike commented that the flooding problems in Bloomington were different than those near the Santa Clara River. The problems along the Virgin River were experienced by those who had basements. Only a few homes sustained damage due to sandbagging and walls. None of the homes along the Virgin River fell into the river. He stated he lives along the Virgin River and built his home after the flood. He stated he built his home up higher and has a flood wall and the yard has been sloped downstream. He stated he felt if the applicant builds the home following the recommendations of the Planning Commission and Rosenberg Associates, he will have made every effort.

Councilmember Allen commented she felt that the declarations should be recorded with the land and the City should not be held liable in a situation like this where someone is aware that flooding can happen.



St. George City Council Minutes
August 6, 2009
Page Ten

Rick Rosenberg explained that the erosion during the flood of 2005 took place along the Santa Clara River; there was some limited erosion along the Virgin River but in a localized area and not widespread. The Virgin River has the potential to move laterally, as shown by history. He stated he had respect for the River and in some areas improvements can be made to better the community and protect property, and the project in question is one such area. The required improvements will be expensive but will improve the overall situation.

Mayor McArthur commented that if this request is approved, others will want to do the same with their properties. He stated a mistake could be made by changing zoning which was put in place to protect open space and the Virgin River drainage.

There being no public comments, Mayor McArthur closed the public hearing.

Councilmember Shakespeare commented that at the Planning Commission meeting, the Planning Commission went back and forth, but they did approve the request. However, she has real concerns about rezoning the property.

Councilmember Pike commented there is a lot of open space and a little can be spared. He stated there are a lot more homes more at risk than this one will be. The property owner has done all he can do and at a great deal of expense, and if chooses to complete the project, more power to him.

Councilmember Allen inquired how many other properties have the potential to request this same rezoning.

Rick Rosenberg replied as one goes downstream, the lots and area decreases. He stated in his mind it would make sense to allow the zone change as there are homes built between there and the river, and this piece of property tucks back in. There will be a few more similar requests, however.

MOTION: A motion was made by Councilmember Bunker to deny the request.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - no
Councilmember Pike - no
Mayor McArthur - aye

The motion carried and the request was denied.

PUBLIC HEARING/ROADWAY DEDICATION AND VACATION:
Public hearing to consider a request for a roadway dedication and vacation for Rustic Drive, a public street located at approximately 1900 East and 2660 South on the east side of River Road.

Jay Sandberg explained this is the site being developed by the LDS Church. They would like to abandon a stub part of the original subdivision. They have also negotiated for property for a turn off River Road into Rustic Drive. The plat indicates the abandonment and dedication.

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

MOTION: A motion was made by Councilmember Allen to approve the roadway dedication and vacation for Rustic Drive.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye


St. George City Council Minutes
August 6, 2009
Page Eleven

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND PLAT:
Public hearing to consider a request to amend the plat for Shadowbrook Homes 2nd Amended Plat D with 22 single family lots located at approximately 970 East and 770 South in a Planned Development Residential zone. Roger Dudley, applicant.

Jay Sandberg explained that the HOA owns open space which has not been utilized so they have replatted to build larger units in that area.

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

MOTION: A motion was made by Councilmember Bunker to approve the amended plat.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried

PUBLIC HEARING/AMEND PLAT:
Public hearing to consider a request to amend and extend the final plat for Tonaquint Hills Phase 1 Amended and Extended No. 2 to abandon a section of Silicon Way and to dedicate a new public street called Cisco Drive, located on the west side of Dixie Drive at about 1480 South and 1110 West. Reid Pope, representative.

Jay Sandberg presented a map of the site and advised that utility easements are being reserved. There will be a driveway for the businesses which will be turned into a roadway as the area develops.

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

MOTION: A motion was made by Councilmember Allen to approve the amended plat.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/RESOLUTION/REVISED ANNEXATION PLAN:
Public hearing to consider approval of a revised annexation plan to adjust the City?s future annexation limits along the boundary with Washington City.

Community Development Director Bob Nicholson explained that as required by state law, adoption of an annexation plan is a prerequisite to an annexation. An annexation has to be within a declared growth area. The City?s original annexation plan was adopted in 2003, and the only change now being proposed is along the boundary with Washington City. The boundaries between the two cities now match up. Washington City has completed this same process and amended their annexation plan.

Mayor McArthur advised that the City and Washington City have agreed on the boundaries around the airport and up through the fields.



St. George City Council Minutes
August 6, 2009
Page Twelve

Mr. Nicholson commented that Washington City?s annexation plan shows areas to be disconnected and come to St. George; this area is on the north end of the replacement airport. The proposed boundary line resolves any annexation disputes in the area.

Councilmember Allen inquired about addresses in the area.

Mr. Nicholson replied this is a difficult issue which will be coming to a head quickly. Staff has been meeting with Washington City staff. Ideally the City asked that a county-wide system with St. George coordinates be adopted. Washington City is hesitant to abandon their current address system. There will be a lot of confusion if this cannot be worked out.

Mayor McArthur opened the public hearing.

Ed Baca inquired if this annexation will not infringe on the airport and be within the City limits of St. George entirely.

Mayor McArthur replied that this is what this item is all about. There being no further public comment, Mayor McArthur closed the public hearing.

MOTION: A motion was made by Councilmember Pike to approve the revised annexation plan by resolution.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

REQUEST FOR SEPTIC TANK:
Consider approval of a request to build a home with a septic tank next to 3526 South Little Valley Road. Cameron Cutler, applicant.

City Manager Gary Esplin explained that sewer is not yet available to this property. The applicant has agreed to hook into the sewer when it comes within 200' of his property.

MOTION: A motion was made by Councilmember Bunker to approve the request.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a GE Technical Advisory Start-Up Services Agreement for the Millcreek expansion project.

City Manager Gary Esplin explained the project is ahead of schedule and below cost. The City has used GE in the past and staff recommends using them again. The cost is close to the estimate.

Mayor McArthur advised that the Millcreek plant supplies 38% of the City?s needs.

Energy Services Director Phil Solomon explained this agreement was part of the original contract with GE to purchase the turbine, but at that time the cost was not tied down. This is in the range of $493,000. There are some things that must be done by GE in order to keep the warranty in place.

MOTION: A motion was made by Councilmember Pike to approve the agreement.
SECOND: The motion was seconded by Councilmember Allen.

St. George City Council Minutes
August 6, 2009
Page Thirteen

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

Councilmember Pike - ay
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.
AGREEMENT:
Consider approval of the GE O&M Annual Maintenance Agreement for the Millccreek generation facility.

City Manager Gary Esplin explained the City has an annual maintenance agreement with GE and the most cost effective maintenance is to use GE?s services. The cost is $400,000 for the annual contract.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreement.
SECOND The motion was seconded by Councilmember Bunker.

Energy Services Director Phil Solomon explained that the City entered into a five year agreement with GE three years ago. Each year the City Council must approve the annual expense for ongoing maintenance. The contract will be amended to include the second turbine.

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

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
Appointments to various boards and commissions of the City.

Mayor McArthur recommended that Ron Backen and Chapin Burks be reappointed to the Planning Commission.

MOTION: A motion was made by Councilmember Allen to reappoint Ron Bracken and Chapin Burks to the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the July 9, 2009 City Council meeting.

MOTION: A motion was made by Councilmember Bunker to approve the minutes as amended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

St. George City Council Minutes
August 6, 2009
Page Fourteen

Consider approval of the minutes of the July 16, 2009 City Council meeting.

MOTION: A motion was made by Councilmember Shakespeare to approve the minutes as presented.
SECOND The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

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


Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Councilmember Bunker to reconvene and adjourn.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.




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Gay Cragun, City Recorder