City Council Minutes

Thursday, January 3,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 3, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel D. McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Sharon Isom
Council Member Larry Gardner
Council Member Bob Whatcott
City Manager Gary Esplin
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The salute to the flag was led by Council Member Isom and the invocation was offered by Council Member Orton.

REPORT ON FIRST NIGHT:
Marc Mortensen reported that the Third Annual First Night celebration was very successful, and he expressed appreciation to the Mayor, Council, and members of the First Night Committee for their support and participation.

City Manager Gary Esplin advised that Marc Mortensen will assume new responsibilities as Assistant to the City Manager.

RECOGNIZE SHIRL PITCHFORTH:
Mayor McArthur recognized Shirl Pitchforth, who has served on the Water and Power Board for over 35 years. He asked Ross Hurst, Chairman of the Water and Power Board, if he would like to speak with regard to this occasion.

Mr. Hurst advised that Mr. Pitchforth was a member of the Water and Power Board for nearly 40 years, and served as Chairman of the Board for 32 years. Mr. Pitchforth has been his mentor, and has a great passion for and understanding of public power. He congratulated Mr. Pitchforth on a job well done, and expressed appreciation for the opportunity to work with him.

Mr. Pitchforth commented that he enjoyed his public service and appreciated each and every member of the City Councils he has worked with, and while it has been heartbreaking to relinquish his position on the Water and Power Board, he offered to provide assistance to anyone in need with regard to water and power issues.

Council Member Gardner commented that Mr. Pitchforth was one to make sure that the City's water and power department remained viable, and much of the water and power currently enjoyed by the citizens of St. George is due to his good work.
Mayor McArthur presented Mr. Pitchforth with a Glory of the Games Olympic book in appreciation and recognition of his many years of public service.

ECONOMIC DEVELOPMENT ANNOUNCEMENT:
Mayor McArthur advised that an announcement was made earlier today about a significant company who will be locating in St. George. He stated he was impressed by the family-oriented business, who has expanded to a tremendous size in national sales, and many of its employees had been with the company in excess of 20 years. He expressed appreciation to the company and stated the City looked forward to a long working relationship with them. He then invited them to make a presentation.

Douglas Wells, Chief Operating Executive of Wells Dairy, introduced himself and announced the expansion and construction of a state-of-the-art ice cream processing and manufacturing facility in St. George. He explained the company was founded by his grandfather in 1913 and is a privately held company by family members. The company procures, processes, packages and distributes dairy products throughout many states. He explained the company is interested in expanding its distribution operations in the northeast and northwest and that
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January 3, 2002
Page Two

is why there is an interest in expanding the company to St. George, as the company will now have access to many western markets. The company currently has two milk processing plants, one in Iowa and one is Nebraska, and two large ice cream plants in Iowa. There are 2,500 employees at this time and three sales divisions. The company distributes conventional ice cream products to stores, its food services sales divisions access institutional systems and national restaurant chains, there is a vending sales division for C-stores, and contract manufacturing sales divisions which manufacture frozen dairy desserts for some of the largest ice cream names such as Haagen Daaz, Baskin Robbins, General Mills, and General Foods. He expressed gratitude and appreciation to St. George, and recognized members of Price Waterhouse in the audience who were recruited to assist in the site selection process. He advised that the City should feel honored that Price Waterhouse found St. George to be such a good, thriving community. He thanked Scott Hirschi, Senator Hickman, and others for their assistance in the process. He then showed a video offering insight into the Wells Dairy operation.

APPROVAL OF AGREEMENT:
Consider approval of a letter agreement between the St. George Neighborhood Redevelopment Agency, the City of St. George, and Wells Diary, Inc. concerning the provision of economic incentives by the City to Wells Diary in its development and operation of an approximately 130,000 sq. ft. manufacturing facility together with a pretreatment facility and other improvements.

City Manager Gary Esplin explained that when the Ft. Pearce Industrial Park was built, a concept came about to develop more acreage and two EDA project areas were created, as allowed by State law. This law allows a return to the business locating within the EDA of up to 100% of property taxes generated by that business. The proposed agreement with Wells Dairy will return to them 80% of the tax increment they would generate for a period of 15 years. The other 20% will go to the City's housing fund. He stated it was important to note and recognize that the amount of taxes returned does not include any tax amount received from other entities, and the City is only returning Wells Dairy's taxes on their capital investment in St. George. If they had located outside of the EDA, this would not be allowed by State law. This is also possible because Wells Dairy is a large facility in excess of 100,000 sq. ft. with highly mechanized improvements. Wells Dairy is asking the City to allow them to set the timetable in order to realize the full 15 year period of time to generate revenue for the company. June 1, 2005 has been determined as the outside time limit to begin running of the 15 year time period. They are also asking that the City allow them, if feasible, to use tax exempt bonds with the City as the mechanism for the tax bonds, as long as state and federal requirements can be met. However, when the City created the two EDA districts, by state law they were limited to 100 acres each. The property on which Wells Dairy has chosen to locate is on a 25 acre parcel, a portion of which is outside the boundaries of EDA District No. 2. Staff recommends that the City create another district or amend a current district to incorporate the additional property needed by Wells Dairy. Use of this EDA property by a company such as Wells Dairy was the intent of the development of the Ft. Pearce Industrial Park. He stated he could not see any reason not to create another EDA district or amend a current district. Wells Dairy is also asking that the City promptly review its plans, which the City will do.

A motion to approve the agreement as presented was made by Council Member Isom and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

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


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January 3, 2002
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The vote was unanimous and the motion carried.

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
A motion to adjourn to a Redevelopment Agency meeting was made by Council Member Isom and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
A motion to reconvene was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

TABLE AGENDA ITEMS:
Mayor McArthur advised that Items #6A10 and #6A11, appointment of statutory officers and department heads, would be tabled from this agenda and heard at the next meeting.

CONSENT CALENDAR:
Consider approval of the financial statement for November 2001, for the City of St. George.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the financial statement as presented. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for architectural services for Fire Department Station No. 7.

Purchasing Agent Sue Swensen advised that staff recommends award of architectural services for fire station No. 7 to Leslie Stoker.

A motion was made by Council Member Isom and seconded by Council Member Gardner to award the bid to Leslie Stoker. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye


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January 3, 2002
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Council Member Whatcott - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that Mr. Stoker is Fire Chief Robert Stoker's father, and has designed three of the City's fire stations as well as the City Office Building, and the City has been satisfied with his work and there are no questions about his qualifications.

AWARD OF BID:
Consider award of bid for the purchase of Blue Marble Fuel and Oil Treatment.

Purchasing Agent Sue Swensen recommended purchase of blue marble fuel and oil treatment for the City's diesel plants from the sole source, Stricklin Companies, in the amount of $84,850 to use over the next year.

Power Generation Superintendent Kevin Terry advised that initially he was skeptical about the additives. He distributed before and after pictures of a three week test performed at the Red Rock and Bloomington generation plants, and advised that a 5.6% fuel savings was realized by using the additive. Additionally, the noise level dropped from a decibel reading of 103 to 99 over the same three week period which equates to a 35% reduction in noise levels. He estimated that even with the additional cost of the additive, a savings of $34,000 would be realized at the Red Rock plant alone. The additive will also lengthen the engine life. He advised that personally he was sold on the remarkable product. He stated the recommended amount of $84,850 would cover the cost of using the additive at both plants.

Council Member Gardner made a motion to approve the sole source purchase of blue marble fuel and oil treatment from Stricklin Companies in the amount of $84,850 for one year. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AMENDMENT TO BUSINESS LICENSE ORDINANCE:
Consider approval of an amendment to the Business License Ordinance providing a provision for Locksmith services.

City Attorney Jonathan Wright advised that the City's Business License Ordinance currently did not contain a provision for locksmith services. He explained that the proposed ordinance amendment will require an application, employment history, criminal convictions, surety bond, and records to be kept of locks changed and master keys issued.

Council Member Orton inquired if this ordinance amendment would bring the City into conformance with other cities' locksmith ordinances.

Mr. Wright replied the proposed ordinance amendment is uniform with that of other cities in the state, and locksmithing is a security-sensitive area and precautions are needed. The required records will also be an investigative tool for the police department.

City Manager Gary Esplin explained that the City is currently recodifying its ordinances, and through this process the City Attorney is attempting to bring the City into conformance with state law.


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January 3, 2002
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A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

CURFEW ORDINANCE:
Consider approval of an ordinance replacing Title 6, Chapter 5, St. George City Code, Curfew.

City Attorney Jonathan Wright explained this ordinance resulted from discussions with the Chief of Police and parents regarding confusion about different curfew hours for different ages. The Police Department feels it would be better to have one uniform curfew of midnight for all minors, age 17 and younger, as it will be much easier to enforce. More importantly, the proposed ordinance provides for parental liability, as well as a business liability for those businesses which intentionally and knowingly aid a minor to avoid curfew, unless the minor is an employee. It also provides an aid and abetting section for anyone assisting a minor in avoiding curfew, such as a 21 year old taking a 16 year old out and violating curfew. Mr. Wright explained that organized functions, such as a school dance, or a minor who is a lawful employee and performing his or her duties, would not violate curfew.

Council Member Allen inquired if businesses would be notified and warnings given.

Mr. Wright replied he was certain the police would use discretion in notifying businesses, and that most were already aware of the curfew.

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

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

The vote was unanimous and the motion carried.

TAXICAB ORDINANCE:
Consider approval of an ordinance amending Title 5, Chapter 1, Section 21, Subsection (0), St. George City Code, relating to Taxicabs for hire.

City Attorney Jonathan Wright advised that this ordinance amendment came about at the direction of the Mayor and City Council as a result of a presentation by a local taxicab owner. He advised he was directed by the Mayor and City Council to review the City's current ordinance and make changes, if necessary. He explained that the City's current ordinance does not require a commercial address if the business can meet the requirements of the home occupation guidelines, the same as for any business. At the present time there is only one taxicab business whose extent of operation requires a commercial location. Under the Home Occupation Ordinance, one business vehicle may be located at the home address. To date the City has received no complaints about anyone bringing their taxicab home. He explained that the proposed ordinance amendment requires a taxicab to have a distinctive color scheme for easy identification, inspections every six months, and will require the insurance to

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January 3, 2002
Page Six

contain a taxicab or equivalent endorsement. The Police Department will issue a picture of the taxicab driver which will be required to be worn on the outside of his or her garment and in the vehicle. A taxicab license is non-transferable, and in order to obtain the license, affidavits by at least two people attesting to the honesty and integrity of the applicant will be required. A current State permit will also be required and it must be posted in a conspicuous place, and the rate schedule and method used to determine the rate must be posted in the cab and on file with the Business License Officer. It will also be unlawful to charge a rate different than that posted and on file with the City. A taxicab driver may not stop for another fare or allow another fare to enter the cab without the existing fare's permission, and the driver is required to give his driver's license number and name to any passenger or police officer upon request. The taxicab business must also keep exact records of fare locations, time of pick-up and termination. These records will be open to the police. Lastly, hotel courtesy cars are subject to the ordinance, but do not have to meet certain requirements. All existing companies will be notified of the new ordinance requirements.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance as presented.

Kelton Gubler advised he found two problems with the proposed ordinance, one being that commercial property is not required and the second that the requirement to keep exact records will require a huge overhead.

City Attorney Jonathan Wright replied that if the conditions of the Home Occupation Ordinance can be met, commercial zoning is not required. Additionally, no complaints have been received by the City about a lack of commercial zoning for a taxicab business except those from Mr. Gubler.

Mr. Gubler stated that he was required to have commercial zoning, and he did not see anyone being able to comply with the record-keeping requirement.

Mayor McArthur commented that the proposed ordinance brings the City up to date, and makes taxicab services safer for everyone. He then 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 Isom - aye

The vote was unanimous and the motion carried.

TOWING SERVICE ORDINANCE:
Consider approval of an ordinance amending Title 5, Chapter 1, Section 21, St. George City Code, to prescribe special business license requirements for Towing services.

City Attorney Jonathan Wright advised that towing is a security sensitive occupation and the City does not currently have an ordinance covering this service. These services, however, are mandated by the State and are required to comply with UDOT rules and regulations. Tow trucks are required to have UDOT certificates and property liability insurance. Permanent readable signs on the doors of the tow trucks are required, as well as a business license and surety bond. Additionally, impound yards are required to be fenced and secure, and tow truck drivers are required to carry UDOT certification and a drivers license for the tow truck. The proposed ordinance allows the Police Department to promulgate rules and regulations for the rotation list when they obtain impound services.

Council Member Isom commented that she had received many complaints that proper rotation had not been followed by the City.

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January 3, 2002
Page Seven

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ZONING ORDINANCE:
Public hearing to consider approval of an amendment to the Zoning Ordinance chapters 6, 15, and 17, regarding setback requirements on private streets.

Community Development Director Bob Nicholson advised that the proposed ordinance amends the Zoning Ordinance with regard to front setbacks on private streets only. The present front setback on private streets is eight feet, but the amendment would move it back to ten feet. The front setback area for garages is currently 18 feet, and the proposed ordinance would move this back to 20 feet. There is also a provision to allow the Planning Commission to approve a side entry garage. The principal reason for the proposed change is because the standard front utility easement is ten feet, and there is a conflict which allows a PUD to be built within eight feet of the front property line. Utility companies support this change, and in fact Questar prefers a 12 foot front yard setback, but clearly 10 feet is better than eight. He advised that the ordinance provides for homes and garages to be 10 feet from the front property line in the older part of town. The Planning Commission unanimously recommended approval.

Mayor McArthur opened the public hearing.

Community Development Director Bob Nicholson advised that the City would accept those projects with preliminary plat approval and PD approval under the City's current standards. This ordinance would affect new projects only.

Carol Sapp, representing the Southern Utah Homebuilders Association, advised that she received notification of the amendment three months ago and made it available to developers and members of SUHBA's Governmental Affairs Committee. No opposition to the amendment was received and, in fact, they agreed that because of the size of today's vehicles, a 20 foot setback for garages was appropriate, with the stipulation that those currently zoned based upon the City's old specifications be honored and grandfathered in. Additionally, it is requested that those projects which have been zoned and presented a plan but not received preliminary plat approval be grandfathered in.

Mr. Nicholson replied that PD developments who have submitted their drawings or conceptual plans for approval would be granfathered in.

There being no further public comment, Mayor McArthur closed the public hearing and called for a motion.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance amendment as presented. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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January 3, 2002
Page Eight

ADDITION TO LANDMARK PROPERTY:
Consider approval of an addition to a landmark property (home) at 306 South Main Street and also consider approval for extension of the home with a non-conforming front setback. Lewis Sylvester, applicant.

Community Development Director Bob Nicholson advised that currently the home is being used for a small financial advising business and the applicant is proposing to add on to the structure. The Historic Preservation Commission recommends approval. The front setback is 15 feet.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the request.

Council Member Allen declared a possible conflict of interest as her husband does work for the applicant, but advised she would vote.

Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott -aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

MODIFY ENGINEERING SERVICES CONTRACT:
Consider approval of a modification to an engineering services contract for Sear-Brown for the River Road project.

City Manager Gary Esplin advised this amendment is to the management contract for the River Road Phase 1 project. The contractor is past the contract period and is currently in a penalty status. In order for Sear-Brown to continue to monitor the project, they are asking for an extension of the contract and increased amount to continue monitoring the project. The contract amount is up to $26,000, on a per diem basis. He stated that Sear-Brown has documented the contractor's performance and feels the City is on solid ground enforcing the penalty. The penalty amount will pay the cost of the engineer's time to monitor the contractor.

City Attorney Jonathan Wright advised the contract contains a liquidated damages clause, not penalty clause.

Council Member Whatcott commented that over the last month absolutely nothing has been done on the project, and therefore Sear-Brown did not need to be there. He questioned the need of paying twice for someone who was doing nothing.

Traffic Engineer Aron Baker advised that there is something going on every day at the project site, even if only traffic control, and whether there is one employee on site or 20, it costs the same amount for the contraction manager to document the action.

Trent Thatcher, Branch Manager of the local Sear-Brown office, advised that even if the contractor's employees are on site but doing nothing, Sear-Brown has to document this, and be available to answer any questions the contractor may have about the plans. The inspector must also make sure that proper materials are being placed and the contractor is not cutting corners. He advised that Sear-Brown has done project management previously for the City and saved the City almost $15,000. He advised that an optimal situation did not exist with the contractor on this job, and the City was mandated by the State to choose this contractor. He advised that Sear-Brown would perform construction management services for this project at their cost and not make a profit on this change work. Sear-Brown has tried to solve the problems on

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January 3, 2002
Page Nine

this project and has documented everything, but the project has developed into an unfortunate situation and Sear-Brown was doing everything it could to encourage the contractor to do a good job and quickly.

Mayor McArthur replied that he appreciated Sear-Brown's offer to not realize a profit on the change work. He inquired if there were a way to deepen the amount of asphalt so that it could be laid without waiting for the temperature to rise above 50 .

Mr. Thatcher replied that all options will be explored.

Mr. Baker commented that the asphalt could be thickened in lieu of the prime, but the project is a UDOT project and their approval would have be to obtained.

Mr. Thatcher invited the Mayor and City Council to call him or the inspector any time they had a question about the project.,

Mayor McArthur commented that he and the City Council were not questioning the inspection process, but simply wanted the project completed as soon as possible.

Council Member Whatcott commented that the inspector has had nothing to do because the contractor was not performing.

Mr. Thatcher replied that even if one of the contractor's employee was sitting in his or her truck and eating lunch, the inspector has to be on site. If the contractor's employee did anything while the inspector was gone and the matter was disputed, having an inspector on site protects the City's interests and investment. He stated that particularly with this project, he would prefer to err on the side of caution. He advised that the $26,000 contract includes an 11% fee which is part of the UDOT job, but the rest of the contract would be performed at cost.

City Attorney Jonathan Wright clarified that the contract contains a liquidated damages clause, not a penalty clause. The owner (City) and contractor agreed at the inception of the contract that if a breach occurred in the completion time of the project, the owner would incur $1,500 in damages per day. Out of that amount comes liquidated damages for increased engineering, etc. This amount was estimated prior to entering into the contract.

Traffic Engineer Aron Baker advised that a target date for completion of the project has not been had from the contractor and to date it is not known.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

INTRODUCE SCOUTS:
Mayor McArthur invited several Scouts in the audience from Troop 805 to introduce themselves.

AIRPORT USE AGREEMENT:
Consider approval of an airport use agreement with AeroWest aviation for self-fueling operation at the airport.

City Manager Gary Esplin advised that the Airport Board recommended approval of the agreement.

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Page Ten

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AIRPORT USE AGREEMENT:
Consider approval of an airport use agreement with Chris Peterson for a self-fueling operation at the airport.

Public Works Director Larry Bulloch advised that approval is needed for a lease in the fuel farm as well as a self-fueling lease.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the lease in the fuel farm and the self-fueling lease. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AIRPORT PROPERTY LEASE AGREEMENT:
Consider approval of an airport property lease agreement with Chapman Aviation for aircraft hanger.

City Manager Gary Esplin advised that the Airport Board recommended approval of the agreement.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Isom - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

CLARIFICATION/BLOOMINGTON GENERATORS:
Consider status of Bloomington generators and clarification of improvements for the site.

Mayor McArthur inquired if the neighborhood had been notified of this item on the agenda.

City Manager Gary Esplin replied that they had not, as it was just a clarification of previous Council action.

Council Member Isom inquired if the City had all the necessary permits to operate the Bloomington generators, and she was informed that all the necessary permits had been obtained.



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Page Eleven

Water and Power Director Wayne McArthur advised that earlier in the meeting Kevin Terry described how the thickness of emissions was reduced by using the additive (a 24% reduction in opacity) and advised the City is doing all it can to reduce pollution and noise generated by the plant. Use of the additive results in a 37% noise reduction. If the additive, a building, and a berm were used, there would only be a 40% reduction in the noise, or an additional 3% improvement in the noise level.

City Manager Gary Esplin suggested the City use the additive in all seven engines at the Bloomington generation plan instead of building a building and installing a berm and see if there is a noticeable change in the noise level.

Council Member Gardner commented that the City Council made a commitment to try and improve the situation in this area. The Water and Power Board concurs with staff's recommendation to try the additive, and if it does not work, then the City can proceed with the next step.

Council Member Whatcott inquired if the bid for the additive included enough for use at both generation plants - the one on the Red Hill and in Bloomington. He was advised that the bid included enough additive for both plants.

PROJECT SUBMITTAL PROCESS FOR MPO:
Consider approval of the process for submitting development projects to the MPO for prioritization and approval.

City Manager Gary Esplim advised that some time ago the process for submitting and prioritizing requests for submission to the MPO was tabled in order to review the document. However, there is now an urgent need to submit the City's application to the Board.

Public Works Director Larry Bulloch advised that the issue at that time was with the projects rather than the process.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the process as presented. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Mr. Bulloch advised the process will be refined over time, but in the meantime gives consistency between all projects so the process is fair and equitable.

APPROVAL OF BONDS FOR CITY COUNCIL AND MAYOR:
Consider approval for bonds for the City Council and Mayor.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the bonds for the Mayor and City Council. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.



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January 3, 2002
Page Twelve

APPOINTMENT OF STATUTORY OFFICERS:
Appointment of Statutory Officers for the City of St. George.

This item was tabled until the next agenda.

APPOINTMENT OF DEPARTMENT HEADS:
Appointment of Department Heads for the City of St. George.

This item was tabled until the next agenda.

CITY LIGHTING POLICY:
Consider approval of bearings to City policy regarding lighting for the Man O' War and Dixie Drive bridges.

City Manager Gary Esplin advised that under the City's current policy for lighting of major arterial streets, certain types of lights are required. It is recommended that when the Man O War and Dixie Drive bridges are completed, historic-type lighting be used. The City has some in stock, but this will require a variance to the City's policy. The historic-type lights will still meet safety standards and will be better from an aesthetic standpoint.

Public Works Director Larry Bulloch advised that more lights will have to be installed on the bridges to obtain the same amount of lighting. It will be more expensive, but more appealing. He requested a standard exception to the ordinance for all bridges.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the request. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held November 29, 2001.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the minutes as amended. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss property purchases was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

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


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January 3, 2002
Page Thirteen

The vote was unanimous and the motion carried.

RECONVENE:
A motion to reconvene was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

DISCUSSION RE OPERA HOUSE/ST. GEORGE MUSICAL THEATER:
City Manager Gary Esplin advised that the St. George Musical Theater has been shut down by the Fire Chief until props can be removed so that the Opera House can meet fire code.

REQUEST FROM BLOOMINGTON COMMUNITY COUNCIL:
Council Member Orton advised that the Bloomington Community Council, at its expense, would like to place a rock sign in the roundabout at the Bloomington interchange.

City Manager Gary Esplin then displayed the proposed landscaping plan for the Bloomington roundabout and advised its cost would be $207,000. $130,000 has been saved from Dixie REA's contribution, but the City will have to come up with the balance from the Capital Project Fund.

It was the consensus of the Mayor and Council to approve placement of the rock sign in the Bloomington roundabout.

City Manager Gary Esplin advised that the cost of landscaping two islands at the intersection of Sunset and Bluff is $30,000.

JOINT MEETING WITH WASHINGTON CITY COUNCIL:
Mayor McArthur advised that a joint meeting with the Washington City Council to be held in Scott Hirschi's office regarding airport issues is desired. After checking schedules, it was decided to schedule the meeting for noon, January 29.

PRIORITIZING CITY PROJECTS:
City Manager Gary Esplin stated that prioritization of proposed City projects is needed. He then listed several, and requested that the Mayor and City Council submit a prioritized list of projects they would like to see completed from funds in the Capital Project Fund.

The meeting then adjourned.



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Gay Cragun, City Recorder