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     City of St. George     Mayor & City Council     Agenda & Minute Details


Agenda & Minute Details


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January 18 2007 City Council Minutes



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

JANUARY 18, 2007, 4:00 P.M.

CITY COUNCIL CHAMBERS



PRESENT:

Mayor Daniel McArthur

Council Member Bob Whatcott

Council Member Larry Gardner

Council Member Gail Bunker

Council Member Suzanne Allen

Council Member Rod Orton

City Manager Gary Esplin

City Attorney Shawn Guzman

City Recorder Gay Cragun



OPENING:

Mayor McArthur called the meeting to order at 4:05 p.m., welcomed all present, and led the pledge of allegiance. The invocation was offered by Council Member Larry Gardner.



Mayor McArthur announced that anyone interested in offering an invocation in City Council meetings should contact the City Recorder to schedule a time.



Mayor McArthur announced that January 17 was St. George?s 145th birthday, and he invited the audience to accompany him in singing ?Happy Birthday? to the City. He announced that in celebration of Heritage Days, Saturday would be a free swim day at the Sand Hollow Aquatic Center, and the Mayor and Council would be serving free root beer floats at the Social Hall from noon to 2:00 p.m on Saturday.



Mayor McArthur read a proclamation proclaiming 2007 as Legacy 2 for the next ten years. Deborah Reeder explained that the St. George Arts Museum is celebrating its 10th year and she invited the Mayor, City Council and public to attend the many exhibits throughout the year.



Mayor McArthur read a statement in behalf of the Mayor and City Council in strong opposition to the Divine Strake test, and any further testing at the Nevada Test Site.



TABLE ITEM:

City Manager Gary Esplin explained that Item 3A, a public hearing to consider approval of a preliminary plat for The Flats at South Pointe, was tabled from the agenda at the applicant?s request. He stated that there are still issues with 450 North which need to be addressed. Since there were citizens present in the audience to address issues with 450 North as part of this public hearing, he advised that a separate item to discuss 450 North could be scheduled on the next City Council meeting, regardless if the applicant was ready to proceed with her plat or not.



David Chase requested that a discussion concerning 450 North be scheduled on the next agenda.



City Attorney Shawn Guzman explained that this afternoon the applicant requested the item be tabled. Recent changes to state law require that any item discussed at the City Council meeting must be listed on the agenda, and therefore a discussion about 450 North would have to be scheduled on the next agenda.



Mayor McArthur invited a Scout in the audience to introduce himself.



CONSENT CALENDAR:

Consider approval of the financial statement for December, 2006.



City Manager Gary Esplin explained that impact fee revenues are below estimates, but other revenues are up.





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January 18, 2007

Page Two



MOTION: A motion was made by Council Member Gardner to approve the financial statement.

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 approval of Amendment #5 to the Carter-Burgess airport contract.



City Manager Gary Esplin explained that the change order is in the amount of $46,000.



MOTION: A motion was made by Council Member Orton to approve the contract.

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 award of bid for various brass fittings for the Water Department.



Purchasing Manager Connie Hood explained that last year the City spent $35,000 on brass fittings. Staff recommends award of a blanket purchase order in the amount of $34,126.38 to Mountainland Supply, the only respondent.



MOTION: A motion was made by Council Member Allen to award the blanket purchase order to Mountainland Supply in the amount of $34,126.38.

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 100 West storm drain design.



Purchasing Manager Connie Hood recommended approval of a contract with Creamer & Noble Engineers in the amount of $55,000 for design and $68,860 for construction management.



MOTION: A motion was made by Council Member Bunker to award the contract to Creamer & Noble Engineers in the amount of $123,860.

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 to design three traffic signals.



Purchasing Manager Connie Hood recommended approval of a design contract with DMJM Harris Company in the amount of $29,990.



MOTION: A motion was made by Council Member Orton to approve the contract with DMJM Harris Company in the amount of $29,990.

SECOND: The motion was seconded by Council Member Bunker.

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



Public Works Director Larry Bulloch commented that design will begin immediately with construction beginning in June.



AWARD OF BID:

Consider award of bid for tree trimming and clearing of power lines.



Purchasing Manager Connie Hood recommended approval of an annual contract with Davey Tree Surgery, the only respondent, in the amount of $60,000 for the year. There are 700+ trees to trim.



St. George City Council Minutes

January 18, 2007

Page Three



MOTION: A motion was made by Council Member Whatcott to award the bid to Davey Tree Surgery in the amount of $60,000 for the year.

SECOND: The motion was seconded by Council Member Orton.

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



AWARD OF BID:

Consider award of bid for mega lugs and fittings for the Water Department.



Purchasing Manager Connie Hood explained that three bids were received, two from local vendors - Scholzen Products and Mountainland Supply. She recommended award of the bid to both local vendors, using the lowest cost on the product needed, anticipating that yearly usage is not to exceed $110,000 combined.



Water Services Manager Barry Barnum explained that mega lugs are not real large, but are very strong.



MOTION: A motion was made by Council Member Orton to award the bid to Scholzen Products and Mountainland Supply in a total amount not to exceed $110,000 for the year.

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 award of bid for equipment rental and operator for excavator, loader, dump truck and milling machine work.



Purchasing Manager Connie Hood explained that three bids were received. She recommended award of a blanket contract to Bryce Christensen and Precision Excavating in a total amount not to exceed $85,000 for the year.



MOTION: A motion was made by Council Member Orton to award the bid to Bryce Christensen and Precision Excavating in a total amount not to exceed $85,000 for the year.

SECOND: The motion was seconded by Council Member Whatcott.



Council Member Whatcott clarified that the award is for a total amount of $85,000, and not $85,000 to each vendor.



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



AWARD OF BID:

Consider award of bid for an infield mix for the Canyons Complex.



Purchasing Manager Connie Hood recommended award of the bid for seven fields to Stabilizer Solutions, a sole source who has the only patented product to meet the City?s needs.



City Manager Gary Esplin explained that this product was not included in the Canyons Complex renovation project, but staff?s recommendation is to forego some other improvements and redo all infields with this product for better drainage of the fields.



Josh Olmstead explained that the product is a polymer covered dirt which will allow the fields to remain playable at all times.



MOTION: A motion was made by Council Member Whatcott to award the bid to Stabilizer Solutions in the amount of $253,000.

SECOND: The motion was seconded by Council Member Gardner.

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







St. George City Council Minutes

January 18, 2007

Page Four



Steve Bingham explained that this product will last longer than just dirt, as the wind carries the dirt away. He stated that over the past ten years the Canyons Complex has lost its sand component due to wind, and this product does not require sand.



Mayor McArthur announced that Item 3A, a public hearing to consider approval of a preliminary plat for The Flats at South Pointe, was tabled from the agenda at the applicant?s request. However, 450 North would be scheduled for discussion at the next City Council meeting.



An unidentified man inquired whether a permit had been given for the 94 units at The Flats at South Pointe. He was advised that no permit had been issued.



RESOLUTION:

Consider approval of a resolution of the City Council of the City of St. George, Utah (the ?City?) authorizing all necessary action to defease certain outstanding lease revenue bonds (the ?defeased bonds?) of the Municipal Building Authority of the City of St. George, Utah, which defeasance will be accomplished by the purchase of certain government obligations from legally available moneys of the City; authorizing the execution by the City and the authority of an escrow deposit agreement in connection with such transaction; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict herewith; providing an effective date; and related matters.



City Manager Gary Esplin explained that the City purchased property next to the Dixie Center with bonds kept by the sellers. The City would like to defease the bonds by putting the amount of money necessary to do so into an escrow account to guarantee payments and take ownership of the property to make improvements.



Jason Burningham explained that the word ?defease? means to refinance or refund. In this case the City is setting aside enough monies, and will not have to rely on other monies to make principal and interest payments. In essence it will be paying off the bonds which will allow removal of the lien on the property. A reconveyance of the deed will be made to put the property in the City?s name and thus give the City free and clear use of the property.



City Manager Gary Esplin explained that when the City purchased the property, the sellers were adamant that they did not want the bonds paid off early. Setting up an escrow account will allow the sellers to receive their annual payments and guarantee that the payments will be made.



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 read the resolution and then called for a roll call vote, as follows:



Council Member Allen - aye

Council Member Bunker - aye

Council Member Gardner - aye

Council Member Orton - aye

Council Member Whatcott - aye



The vote was unanimous and the motion carried.



BEER LICENSE/LOCAL CONSENT:

Consider approval of a beer license and local consent for a limited liquor license for the Green Valley Spa. Alan Coombs, applicant.





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January 18, 2007

Page Five



City Manager Gary Esplin explained that the application meets all requirements and staff recommends approval.



MOTION: A motion was made by Council Member Orton to approve the beer license and local consent.

SECOND: The motion was seconded by Council Member Bunker.

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



SPECIAL EVENT PERMIT:

Consider approval of a special event permit for a tent sale at Furniture Row. Furniture Row, applicant.



City Manager Gary Esplin explained the applicants would like to hold the sale January 17 through February 6. They have used up their allowed special event permits, therefore each additional one has to be reviewed by the City Council.



MOTION: A motion was made by Council Member Gardner to approve the special event permit.

SECOND: The motion was seconded by Council Member Whatcott.

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



MOBILE CATERING LICENSE:

Consider approval of a mobile catering license for El Charro. Cruz Marquez, applicant.



City Manager Gary Esplin explained that the application meets all requirements and the applicant has submitted a route.



MOTION: A motion was made by Council Member Orton to approve the mobile catering license.

SECOND: The motion was seconded by Council Member Gardner.

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



PUBLIC HEARING/PRELIMINARY PLAT:

Public hearing to consider approval of a preliminary plat for The Flats at South Pointe located at 2750 East on 450 North Street. Linda Kirkpatrick, applicant.



This item was tabled at the request of the applicant.



PUBLIC HEARING/PRELIMINARY PLAT:

Public hearing to consider approval of a preliminary plat for Sun River Phase 30 located at approximately 1750 West and 4880 South in the Sun River development. Scott McCall, representative.



Project Engineer Cathy Hasfurther explained that this plat is typical of the Sun River patio homes. The developer will install erosion protection because of the wash. The plat contains 51 units and shows a future church site south of the development.



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 Allen.

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



PUBLIC HEARING/IMPACT FEES/ORDINANCE:

Public hearing to consider adoption of the City-wide park impact fees.







St. George City Council Minutes

January 18, 2007

Page Six



City Manager Gary Esplin explained that several discussions have been held on this subject, and it is recommended that the current impact fees be changed to accommodate trails, trailheads and recreation centers not previously covered, as well as mandatory dedication of park property for neighborhood parks. The fees do not

include any revenue generated to pay for four acre neighborhood parks, and this is a big change in how the City has done business in the past.



Jason Burningham explained that the City recently approved an update to the master plan which took into account level of service standards with regard to parks and what level of service the City wanted. It included not only minimum size of acreage, but types of amenities going into the parks as well as connectivity. The parks must have connectivity for access in order to be a system improvement. Also included is a mandatory dedication of park land for neighborhood parks, or a fee in-lieu. He presented a power point presentation on an overview of impact fees, definition and purpose of fee, public facilities for which impact fees may be collected, legal authorization of impact fees, and considerations in establishing impact fee structure. He stated that if the City did not adopt 100% of the recommended impact fee, there would be inequity based in terms of funding capital facilities and if the developer is not paying the costs, someone else has to. The recommended impact fee for single family residential is $2,729.69. The recommended impact fee for multi-family residential is $2,827.89. No impact fee for commercial development is being recommended at this time.



Mayor McArthur opened the public hearing.



Curt Gordon representing Desert Canyon Development, questioned how the fee was calculated and if it included land acquisition costs for parks.



City Manager Gary Esplin replied that it does not include land acquisition costs for neighborhood parks, four acres or less, but it does for community parks and also includes construction costs for neighborhood parks.



Mr. Gordon inquired if there would be a reduction in the fee if the developer dedicated the land.



City Manager Gary Esplin replied that a reduction could be given if the land dedicated was for a community park but not for a neighborhood park.



Jason Burningham commented that community parks are system improvements and identified in the capital facilities plan. If a developer dedicates a certain amount of acreage, he or she would receive a dollar for dollar credit on the impact fee.



Mayor McArthur advised that the improvement would have to identified in the capital facilities plan.



Mr. Burningham explained that a concern he is trying to address in the master plan is receiving land, but not useable land because of slope or location, etc. or land tied to the master plan or system improvements. He stated he tried to be specific in identifying system improvements so it is clear to developers when they would get impact fee credits.



Mayor McArthur commented that the City receives many donations of hillside property and river bottom property and inquired how this would fit in.



Mr. Burningham replied that if the property is useable for a linear park or trail, and if there is connectivity, the developer could receive credit on the trail component of the impact fee.



City Manager Gary Esplin advised that the developer would receive credit if what he or she is donating is above and beyond what is required for the actual development itself.



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January 18, 2007

Page Seven



With regard to community parks, the master plan identifies in what areas the City is trying to locate them, and the developer would have to meet this criteria.



Council Member Gardner inquired when the fees would be collected.



City Manager Gary Esplin replied that the impact fee would be collected at the time the building permit is taken out, but the in-lieu fee would be collected at the time of platting the subdivision.



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



Darrell Hafen stated that he would like to make public comment on a different matter.



City Attorney Shawn Guzman advised that if the item was not on the agenda, it could not be discussed.



Mayor McArthur advised Mr. Hafen to submit his request in writing and he would be scheduled on an upcoming agenda.



Leisure Services Director Kent Perkins commented that although the fee was established with mandatory dedication in mind, he stated he would like to present how the fee will be administered in house and the process to follow. The ordinance indicates that if the funds are not used within a certain period of time they must be returned. In order to protect the interests of the development community, the City is obligated to do this.



City Manager Gary Esplin commented that this is a integral part of the fee, but if the City Council chooses not to approve mandatory dedication, staff will have to come back with a recommendation to increase the fee or change the provisions of the ordinance because there will be no funds to purchase neighborhood park property.



City Attorney Shawn Guzman advised that another option would be to make the new ordinance effective March 1 in order to give staff time to make additional recommendations.



MOTION: A motion was made by Council Member Bunker to approve the ordinance with the provision that it take effect on March 5.

SECOND: The motion was seconded by Council Member Whatcott.

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



Council Member Bunker - aye

Council Member Whatcott - aye

Council Member Allen - aye

Council Member Orton - aye

Council Member Gardner - aye



The vote was unanimous and the motion carried.



Jason Burningham clarified that any building permits issued between now and March 5 would be under the old impact fee structure.



ORDINANCE:

Consider approval of an ordinance amending Title 7, Chapter 2, Section 5, St. George City Code, to eliminate the amounts for liability insurance, property insurance, and bond amounts, and provide that the City Council will set the amounts by resolution.



City Attorney Shawn Guzman explained that the City?s current ordinance states the dollar amount for minimum insurance requirements for bonding and insurance certificates. The minimum was $500,000 per occurrence, but under state law the City





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January 18, 2007

Page Eight



would now be liable for $1,107,000. Rather than changing the ordinance every year, it is recommended that it be established by resolution.



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

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor McArthur called for a roll call vote as follows:



Council Member Gardner - aye

Council Member Orton - aye

Council Member Allen - aye

Council Member Whatcott - aye

Council Member Bunker - aye



The vote was unanimous and the motion carried.



RESOLUTION:

Consider approval of a resolution adopting minimum insurance and bond amounts.



MOTION: A motion was made by Council Member Gardner to approve the resolution.

SECOND: The motion was seconded by Council Member Allen.

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



Council Member Gardner - aye

Council Member Allen - aye

Council Member Orton - aye

Council Member Whatcott - aye

Council Member Bunker - aye



The vote was unanimous and the motion carried.



RESOLUTION:

Consider approval of a resolution for a lot line adjustment and public utility easement abandonment in the Canyon Terrace Subdivision.



City Manager Gary Esplin explained that the request had been reviewed by the JUC and all City departments, and the necessary dedication of other easements had been made. Staff recommends approval.



City Attorney Shawn Guzman recommended that any approval be subject to receiving the new easements.



MOTION: A motion was made by Council Member Gardner to approve the resolution subject to receiving the new easements.

SECOND: The motion was seconded by Council Member Whatcott.

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



Council Member Gardner - aye

Council Member Whatcott - aye

Council Member Allen - aye

Council Member Bunker - aye

Council Member Orton - aye



The vote was unanimous and the motion carried.



Mayor McArthur announced that the public hearing for The Flats at South Pointe was tabled at the applicant?s request. A discussion concerning 450 North Street will be scheduled on the next City Council agenda.

St. George City Council Minutes

January 18, 2007

Page Nine



PLANNING COMMISSION REPORT:

Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 9, 2007, scheduled public hearings before the City Council on February 1, 2007 at 5:00 p.m. to consider a zone change from M-2 to M-1 on Lot 26 of the Millcreek Subdivision.



FINAL PLATS:

Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 9, 2007, recommended approval of the following final plats: Franklin Place Amended and Extended Phase 1, Tuscan Hills Phase 3, Ledges Phase 10, and River Crest Phase 4.



Council Member Gardner declared a conflict of interest with regard to the Ledges Phase 10 plat.



MOTION: A motion to approve the final plats for Franklin Place Amended and Extended Phase 1, Tuscan Hills Phase 3, and River Crest Phase 4 was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Gardner.

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



FINAL PLAT:

MOTION: A motion was made by Council Member Orton to approve the final plat for Ledges Phase 10.

SECOND: The motion was seconded by Council Member Whatcott.

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



Council Member Orton - aye

Council Member Whatcott - aye

Council Member Allen - aye

Council Member Bunker - aye

Council Member Gardner - abstained



The motion carried.



CONDITIONAL USE PERMIT (2006-CUP-037):

Consider approval of an amended conditional use permit to expand an existing gravel pit located in Section 27, T43S, R15W, near the Utah/Arizona line. Quality Excavation, Inc., applicant.



Planner Ray Snyder explained that in 2004 a conditional use permit was approved for 19 acres. The applicant is now requesting approval of a new 54 acre site. A technical report was done by Rosenberg Engineers. The site is close to the new Viacon facility in the Ft. Pearce Industrial Park. The applicant proposes to mine the area in phases and will reclaim each phase as it is done. The property in the future would most likely become a golf course area, with a small percentage as possible residential. Extensive conversations with staff have been held about the geotech reports and making sure the sites are compacted. The site is not located close to residences. The applicant will keep the equipment on the existing 19 acre site. Staff recommends pre-watering of each phase prior to disturbance and mitigation of each phase prior to a new phase. A letter response from the applicant has been received agreeing to the terms of mitigation. The Planning Commission recommends approval subject to:



1. Provide perimeter fencing on the existing 19 acre site.

2. Provide a fencing plan for the 54 acre site.

3. Regarding the original 19 acre site, provide a site mitigation plan. The existing

gravel pits are to be mitigated. This includes a geotech report and testing to the satisfaction of the Engineering Department.







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January 18, 2007

Page Ten



4. Re-vegetate nine acres of the original CUP (19 acres). Refill or provide an alternate mitigation to prevent airborne dust from scrapped areas. 10 acres may be used for mining equipment.

5. A dust control plan shall be submitted.

6. The applicant shall demonstrate mitigation of the high sulfur content in the associated production well.

7. A backup water source from a city hydrant where the haul road meets 1630 East shall be coordinated with the Water Department.

8. A channelization study is required.

9. As applicable, FEMA permits to be obtained.

10. As applicable, Army Corp of Engineers permits are required.

11. Provide a phasing plan.

12. The truck route shall be as previously approved for Case No. 2004-CUP-014.

13. The access road shall be 90 degrees and a stop sign installed at 630 East.

14. Provide a more specific plan for controlling dust along conveyors, stock piles and disturbed areas.

15. Provide a more specific plan for controlling dust during blasting operations.



Mr. Snyder stated that the main concern was with dust from all activity in the valley added together. The applicant is working closely with staff on air particulate control.



Council Member Gardner commented that the major concern with the new airport site is enough water for compaction of the soil. He suggested the City pursue cost sharing with the applicant as the City has underground water rights for this purpose as well as compaction for the new airport.



City Manager Gary Esplin replied that he would check into the feasibility of this suggestion. Entrada ended up with some water rights in this area. He commented that with regard to dust, enforcement is no problem. The dust can be seen and it boils down to keeping trucks from stirring up too much dust and the key is water. The applicant?s plan meets state standards, and they currently are not in violation of any state standards.



Mayor McArthur commented that much of the mud tracked onto streets by the large trucks turns to dust.



City Manager Gary Esplin commented that a hard surface road will be built in this area within the year or as part of the extension of utilities to the new airport.



Bill Swensen commented that the applicant?s site is located out two miles on a gravel road which has been well maintained in the past. The applicant has done a good job of keeping the dust down and there are no track-out problems with this site. The applicant submitted a very good dust control plan.



City Manager Gary Esplin advised that the applicant is precluded from operating at night.



Mr. Swensen explained that if there is an inversion in the morning and someone has operated all night, the dust remains in the air. The crushers will not operate without water spray misters. There was a request to do intermittent night operations, but staff

is against it. There will, however, be extended hours in the summer.



MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to all recommendations made by staff and the Planning Commission.

SECOND: The motion was seconded by Council Member Bunker.



Council Member Bunker inquired how the sulfur smell of the water would be mitigated.







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January 18, 2007

Page Eleven



Rick Rosenberg replied the applicant is working with a company who provides a treatment system to reduce the sulfur content and this should be on line within 30 days. He advised that the smell may be coming from other facilities as well as there are three other facilities located closer to the residential areas.



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



CONDITIONAL USE PERMIT (2006-CUP-036):

Consider approval of a conditional use permit to modify the allowed uses for the landmark property at 278 North 100 West. Gary Burnett, applicant.



Planner Ray Snyder explained the applicants would like to add a spa treatment component to the previously approved bed and breakfast. The Ava House is located within a historic landmark building built in the early 1800's. It was previously the Penny Farthing Inn. The Planning Commission recommends approval. The spa would result in the rooms being used for spa treatment or bed and breakfast. The Planning Commission recommendations are as follows:



1. The existing conditions shall remain in effect including approved parking.

2. A maximum of two (2) massage therapists are permitted, one of which shall be the applicant?s wife (Mrs. Burnett).

3. A maximum of four (4) rooms may be used for spa treatment.

4. Any proposed expansion in use or in the number of therapists will require the applicant to submit a conditional use permit to be reviewed by the Planning Commission and City Council.



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

SECOND: The motion was seconded by Council Member Allen.

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



CONDITIONAL USE PERMIT (2006-CUP-035):

Consider approval of a conditional use permit to construct a three story Marriott Town Place Suites to a height of 47'9" (approximately 36'6" to the midpoint of the main roof line) on Lot 7 of the Rimrock Commercial Center located south of the Marriott Courtyard Hotel in a C-2 zone. Kevin Ence, applicant.



Planner Ray Snyder explained that the applicant would like to build an extended stay lodging facility. Extended stay is a minimum of seven days to a maximum of 29 days. The applicant proposes 84 rooms. The Hillside Review Board approved a hillside development permit in October. A majority of the building ridge is 42' and the average roof midpoint is 38'. The Planning Commission recommends approval subject to complying with the City?s traffic engineering requirements for access and circulation.



Mayor McArthur inquired about the wall shown on the rendering.



An unidentified man replied that the wall is a retaining wall and similar to the one in front of the existing Marriott. It will be a rock-faced engineered wall. The integrity of the landscaped area will be maintained.



MOTION: A motion was made by Council Member Gardner 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.



DONATION AGREEMENT:

Consider approval of a donation agreement with Triton Investments for open space and a trail easement adjacent to Rebel Creek Apartments.







St. George City Council Minutes

January 18, 2007

Page Twelve



City Manager Gary Esplin explained the donation is a 100' wide easement along the wash behind Rebel Creek Apartments. This easement includes the wash and location for a trail along the wash on the opposite bank from the apartments.



MOTION: A motion was made by Council Member Gardner to approve the agreement.

SECOND: The motion was seconded by Council Member Allen.

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



ACCEPT CERTIFICATION OF ANNEXATION PETITION:

Consider acceptance of the City Recorder?s certification of annexation petition for the Burgess 100 acre annexation.



City Manager Gary Esplin explained the City Council previously accepted the annexation petition, and acceptance of the certification of the petition is the next step in the process.



MOTION: A motion was made by Council Member Gardner to accept the certification of annexation petition.

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 regular City Council meeting held December 21, 2006.



MOTION: A motion was made by Council Member Gardner to approve the minutes as presented.

SECOND: The motion was seconded by Council Member Orton.

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



Consider approval of the minutes of the regular City Council meeting held January 4, 2007.



MOTION: A motion was made by Council Member Allen to approve the minutes as presented.

SECOND: The motion was seconded by Council Member Gardner.

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



ADJOURN TO MUNICIPAL BUILDING AUTHORITY MEETING:

MOTION: A motion to adjourn to a Municipal Building Authority meeting was made by Council Member Bunker.

SECOND: The motion was seconded by Council Member Orton.

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



RECONVENE AND ADJOURN TO EXECUTIVE SESSION:

MOTION: A motion to reconvene and adjourn to an executive session to discuss legal and personnel issues was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Whatcott.

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



Council Member Orton - aye

Council Member Whatcott - aye

Council Member Bunker - aye

Council Member Gardner - aye

Council Member Allen - aye



The vote was unanimous and the motion carried.







St. George City Council Minutes

January 18, 2007

Page Thirteen



RECONVENE:

MOTION: A motion to reconvene was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Whatcott.

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



DISCUSSION RE SUNSET VILLAGE GROUNDWATER PROJECT:

Public Works Director Larry Bulloch explained that this is a costly project and staff has been trying to find ways to save money. A trench was designed by Rosenberg Engineers and flexible pipe installed and then backfilled. This worked well until water problems were encountered. There is a huge amount of underground water. In order to deal with the water the trenches had to be made 8-10' wide.



City Manager Gary Esplin advised that originally this project came in $200,000 over budget.



Mr. Bulloch advised that the project cost was negotiated down twice to a reasonable budget and $530,000 was put in the last budget opening for this project. The contractor has to use rock for backfill because the material coming out of the trenches is like soup and it cannot be compacted. It has to be hauled away and gravel rock put in. The City first authorized the contractor to use $20,000 worth of rock, but the trenches are caving in from the bottom. The contractor is estimating that it will cost an extra $200,000 to complete the project. Staff met with Judd and Rosenberg Associates and told them the City could not afford it and they have to find another solution. There are two options to consider - reducing the scope of the project, which is not recommended, or delay some other projects. There is a few hundred thousand in flood control projects which could be delayed to fund this project.



Council Member Gardner suggested that funds that were going to be used for the roundabout on Flood Street be used for this project.



After discussion, it was the consensus of the Mayor and City Council to move forward with the project.



DISCUSSION RE 3000 EAST CANAL PROJECT:

Council Member Allen inquired who was responsible for the 3000 East canal project.



City Manager Gary Esplin replied that staff met with Ron Thompson and the canal company. Installation of pipe in this area should reduce the ground water.



Mayor McArthur clarified that the ditches along 3000 East are drainage ditches and not irrigation ditches.



Mr. Esplin advised that there is a distance between the ditches and sides of the street to prevent the road from sinking.



UPDATE ON NEW AIRPORT:

City Manager Gary Esplin advised that it is the recommendation of the new airport committee to award the engineering project for the first phase of the new airport to PBS&J and Creamer and Noble. The first phase will be the drainage plan, grading and runway. Staff met with Craig Sparks of the FAA and huge issues include how to access $40,000,000 of value at the airport and when it can be accessed, the letter of intent, and funding.



DISCUSSION RE DIXIE DOWNS AREA:

Council Member Orton inquired who was maintaining the streets in Dixie Downs.



City Attorney Shawn Guzman advised that the streets were not built to current City standards.







St. George City Council Minutes

January 18, 2007

Page Fourteen



City Manager Gary Esplin explained that the streets were substandard when the area was annexed to the City, and all staff can do is fix potholes. He advised that a presentation on the Dixie Downs area would soon be made to the City Council. Staff would like to install new water lines, new hydrants and power, and streetlights in this area. This can be done with CDBG funds. Staff would also like to build a new trail and park. Staff will also make inspections in this area to be sure landscaping and parking requirements are being met.



Council Member Orton commented that the easement at the bottom of 1700 has become a breeding ground for drugs, and the City needs to decide what to do with the easement.



City Manger Gary advised that the LDS Church is planning a major clean-up of this area in the spring.



DISCUSSION RE 1450 SOUTH:

Council Member Whatcott advised that 1450 South has been opened. He stated he watched the asphalt being installed and he felt the temperature was too cold to pave.



City Engineer Dave Demas advised that the temperature met minimum requirements when the asphalt was laid. The contractor is also providing additional quality control and did a good job.



Public Works Director Larry Bulloch advised that thicker asphalt can be laid and quality control provided if the temperature is colder than 50̊.



MISCELLANEOUS DISCUSSIONS:

Council Member Allen commented that Steve Bradbury will try to get money from the Legislature for the shooting park, and he would like a letter of support from the Mayor.



Council Member Whatcott commented that Dixie High School is looking at changing the direction of the fields, and would like to know if a net can be installed on the light poles to keep errant balls inside the parks. The Dixie High Booster Club would also like to know if the City is interested in helping with the project.



City Attorney Shawn Guzman advised that if the City did participate in the project, it would need a hold harmless agreement.



The meeting then adjourned.









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Gay Cragun, City Recorder