City Council Minutes

Thursday, September 19,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 19, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Orton and the invocation was offered by Marc Mortensen.

Mayor McArthur announced that a dedication ceremony for the new roundabout at Main and Tabernacle would be held Thursday, September 26 at 4:00 p.m. on site.

Mayor McArthur congratulated Council Member Allen for being selected to serve on the Utah League of Cities and Towns Board.

Mayor McArthur invited Scout Cody Rogers to introduce himself.

AWARD OF BID:
Consider award of bid for carpet cleaning for City-wide buildings.

Purchasing Agent Sue Swensen presented two bids received:

Response Carpet Care $28,440
Stanley Steemer Cleaning $59,280

She recommended award of the bid to the low bidder, Response Carpet Care, in an amount not to exceed $30,000 for the year. She advised the bid was based on cleaning 227,000 sq. ft. of carpet, as needed.

A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to Response Carpet Care in an amount not to exceed $30,000 for the year. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for construction of the Springs Park project.

Purchasing Agent Sue Swensen presented five bids received:

Sunroc Corp., Inc. $351,333
AJ Construction, Inc. $356,751.50
Trade West $360,400
Bud Mahas Construction, Inc. $399,600
Interstate Rock Products $486,570

She recommended award to the low bidder, Sunroc, in the amount of $351,333.

A motion was made by Council Member Isom and seconded by Council Member Allen to award the bid to Sunroc Corp., Inc. in the amount of $351,333. Mayor McArthur called for a vote, as follows:

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

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September 19, 2002
Page Two

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider extension of a blanket contract for pad-mounted switch gear.

Purchasing Agent Sue Swensen advised that the City, over the past two years, has been able to take advantage of pricing from a contract established three years ago with S&C Switchgear. S&C Switchgear is the only approved manufacturer at this time for this product. She recommended a blanket contract be established with S&C Switchgear in the amount of $254,300.

A motion was made by Council Member Orton and seconded by Council Member Isom to establish a blanket contract with S&C Switchgear in the amount of $254,300. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

REJECT BIDS:
Consider a recommendation to reject bids received for aerial lift trucks for the Streets Department.
Purchasing Agent Sue Swensen recommended that the bids be rejected and the trucks rebid.

City Manager Gary Esplin advised that the way the specs were written appear to make it an exclusive bid. The specs will be rewritten.

Ms. Swensen advised that no one was present when the bids were opened, and no bid amounts were disclosed.

A motion was made by Council Member Gardner and seconded by Council Member Allen to reject the bids and rebid the aerial lift trucks. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

REJECT BIDS:
Consider a recommendation to reject bids received for construction of the maintenance building at the Canyons Softball Complex.

Purchasing Agent Sue Swensen advised that three bids were received, but all were well over the amount budgeted for the project. She recommended the bids be rejected. The project will be redesigned and put back out for bid.

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

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for purchase of hillside substation 15MVA transformers for the Power Department.

Purchasing Agent Sue Swensen presented the bids received:

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September 19, 2002
Page Three

CED/Royal Utility Supply $385,000
Northern Power (Della-Star) $412,088
Northern Power (Kuhlman) $382,110
Alles & Assoc. $158,000
Rogers-Strong $357,600
She explained that the bids are based on total loss evaluated amounts. the recommendation is to award the bid for two transformers to Rogers-Strong in the total amount of $354,200, the actual cost of the transformers.

A motion was made by Council Member Orton to award the bid to Rogers-Strong in the amount of $354,200. The motion was seconded by Council Member Isom. 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.

Deputy Water and Power Director Phil Solomon advised the hillside substation will be located next to the river substation at the bottom of Mall Drive. One transformer will be used for the hillside substation, and the other stored at the manufacturer until needed by the City. The City will probably take delivery of the second transformer within nine months, in the next budget year.

REPORT FROM BOARD OF EQUALIZATION AND ADOPTION OF ASSESSMENT ORDINANCE:
Consider approval of a report from the Board of Equalization for Special Improvement District 99-4.

City Manager Gary Esplin explained that under the Special Improvement District Act, when a special improvement district is created, a board of equalization is also created to consider appeals of the assessments. Four members of the City Council participated in this particular Board of Equalization. Copies of recommended adjustments and new total assessments were distributed to Council Members and reviewed. With regard to the Layton appeal, it is recommended that the Laytons be given a credit of $28,361.17, minus an adjustment of $6,751 for the cost of asphalt improvements on Black Ridge Drive, resulting in a total credit of $21,610.17. With regard to the Brown-Ogden parcel, it is recommended that a zero adjustment be made, but the three corner parcels totaling 3/10 of an acre be deeded to them. They would be responsible for the assessments on the three corner parcels.

Council Member Gardner expressed concern that the Board of Equalization previously reached a consensus about the credit to be given the Laytons, and the City is now moving away from that figure.

Council Member Orton commented he was not aware the Board of Equalization had reached a consensus in the meeting.

Council Member Whatcott stated that the Laytons were not assessed for Hilton Drive improvements.

Greg Kemp, representing the Laytons, advised that the Laytons originally owned one contiguous parcel with frontage along Hilton Drive, but for reasons of public safety and access, the road was realigned and their property was divided into two parcels. This left them with a lot less property, and a land exchange was worked out which left them with a .572 acre triangular parcel of property on the north side of the road. The Layton family was never invited to participate in the Hilton Drive SID, which has created the necessity of them now paying for frontage on 3/4 of their property without any noticeable improvement in access or traffic count. The issue was raised in both Board of Equalization meetings and if they should be responsible for paying their portion of the asphalt on Black Ridge Drive, and they understood that it would not be assessed to them. He commented that the SID creation documents state that any assessment to be made will be based on benefits received, and this property, by virtue of its unique placement, is being assessed disproportionately based on the formula developed by the City. In fact, the SID has been detrimental to the property by creating four times as much frontage resulting in the Laytons having to pay four times the assessment. He stated it was unfair for the City to assess the Laytons for the asphalt on Black Ridge Drive, and he expressed concern that when the last Board of Equalization meeting

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September 19, 2002
Page Four

ended, the Laytons felt they had agreement, but now find out the matter has not been resolved.

Council Member Isom stated that the Laytons were informed in the Board of Equalization hearings that final determination would be made by the City Council.

Mayor McArthur commented that while the Laytons may have thought an agreement had been reached in the Board of Equalization hearings, additional information has been presented in the meantime, and a final decision must be made by the City Council.

Council Member Gardner commented that while frontage is not a bad thing, the resulting elevation of the road may be legitimate cause for an adjustment. He commented that he left the Board of Equalization meeting feeling the issues were covered and a final number arrived at - $28,361. He made a motion to approve a credit to the Laytons in the amount of $28,361. The motion was seconded by Council Member Isom.

Council Member Whatcott expressed concern that not all of the information from the City was brought to the Board of Equalization meeting, however, that information has now been received, and it is the City Council's decision to make.
The Layton's property is better today than three months ago, and they did not pay anything for the Hilton Drive improvements. The City has the right to do what is in the best interests of everyone, and while he understands and agrees with Council Member Gardner, there is a fairness issue to the City as well as to the Laytons.

Mr. Kemp commented that he did not walk out of the Board of Equalization meeting feeling it was the recommendation of the Board that an additional $6,000 be assessed for asphalt improvements. More than 50% of the traffic now passes the Layton's property on the side, with no access, and this side represents most of the frontage in the SID. The City has taken more than half of the traffic away and denied access.

Council Member Orton advised that the road was built to handle a lot more traffic than it presently carries, and the SID now makes the Layton's property completely visible. Further, taxpayers are already paying for 38% of the special improvement district improvements.

Council Member Isom advised that the City has already committed to providing access.

Council Member Whatcott amended the previous motion to include a provision that in the spirit of compromise, the $6,000 charge for asphalt be split between the City and the Laytons, with a final total credit to the Laytons of $25,000.

The motion was seconded by Council Member Orton. Mayor McArthur called for a vote on the amended motion, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin asked for clarification on the adjustment to the Brown-Ogden parcel.

Council Member Whatcott made a motion to approve a zero adjustment to the Brown-Ogden assessment, but with the corner parcels of property given to them. They will be responsible for the assessments on the new property. If they choose not to accept the property, there will be no credit to the assessment. The motion was seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.


St. George City Council Minutes
September 19, 2002
Page Five

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the assessment ordinance confirming the assessment rolls and levying an assessment against certain properties in the City of St. George, Utah special improvement district 99-4, for the purpose of paying for the acquisition and/or construction of improvements within said municipality consisting of right-of-way, earthwork, sidewalk, street paving, street lighting, intersection signalization, buried utilities, curb and gutter and storm drainage improvements, the installation of water and sewer lines, including hydrants and manholes, and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner (collectively the "Improvements"); reaffirming the establishment and providing for the funding of a special improvement guaranty fund and related matters. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of the final bond resolution for Golf Course Revenue Refunding Bonds, Series 2002, and related matters.

Jason Burningham, fiscal analyst, advised that refunding the bonds would result in significant savings for the City. The Golf Course Revenue Bonds for Sunbrook were originally purchased in 1994 by Zions Bank, and then a subsequent addition to the golf course in 2000 resulted in another bond issue. As interest rates have come down, there is a real benefit to refunding. The Bank One proposal provides a $126,000 net present value savings. The refunding bonds will be secured first by new revenues of the golf course, and second, as a backstop required by the bank, a subordinate pledge of sewer utility revenues. Certain revenues in the sewer system would provide a 25% cushion to be used as security if funds from the golf course were not sufficient. A loan from the wastewater fund to the golf course fund would be made.

City Manager Gary Esplin explained if the City wants to expand the sewer plant, it could still sell revenue bonds with 115-125% coverage. This interfund loan would not tie up any balances in the sewer fund, nor have any effect on the City's ability to make interfund loans.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the resolution authorizing the issuance and confirming the sale of the City of St. George, Washington County, Utah, Golf Course Revenue Refunding Bonds, Series 2002, in an aggregate principal amount of $2,840,000 for the purpose of refunding the issuer's outstanding golf course revenue bonds, Series 1994, issued in the original principal amount of $4,158,000 and its outstanding golf course revenue bonds, Series 2000 issued in the original principal amount of $899,551.80, and paying the costs of issuing said bonds; fixing the form and other details and confirming the sale thereof; approving the execution and delivery of a bond purchase agreement in connection with the issuance of said bonds; and related matters. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Jason Burningham advised that the bonds were not rated. If the City wanted to take advantage of an AAA rate, it would have to issue GO bonds through vote of the electorate. Golf Course bonds cannot get an AAA rating.

ABANDONMENT RESOLUTION:
Consider approval of a resolution pertaining to the abandonment of an existing public utilities and drainage easement associated with Bloomington Ranches No. 5 Subdivision, Lots 78A and 78B.



St. George City Council Minutes
September 19, 2002
Page Six

City Manager Gary Esplin explained the abandonment is requested to accommodate enlarging one lot. The applicant will provide easements, and staff recommends approval.

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

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

The vote was unanimous and the motion carried.

ABANDONMENT RESOLUTION:
Consider approval of a resolution pertaining to the abandonment of an existing 35' irrigation easement adjacent to properties to be developed by Desert Rose Limited Partnership near Pine View High School.

City Manager Gary Esplin explained that the irrigation line was constructed within an easement of a different alignment, therefore this easement is not needed and staff recommends it be abandoned to the adjacent property owner.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur called for a five minute break.

Council Member Isom was excused from the meeting.

PARKING REQUEST:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 17, 2002, recommended approval of a parking reduction request to six parking spaces for the Qwest building at 104 E. Tabernacle. He explained that Qwest is proposing to demolish the existing structure south of the main building and replace it with an addition that would connect to the main building. The addition, along with the primary structure, will be used as a mechanical storage area. The parking reduction request is based on the use of the building, number of employees, and available land. The Zoning Ordinance does not address this particular type of use, and similar parking standards for an office, warehouse, etc. are based on gross floor area which would require a minimum of 16 spaces.

Council Member Orton inquired what would happen if the building were sold and the use changes.

Interim City Attorney Ron Read replied that the City could look at parking at the time a new business applied for its business license. If the business exceeded 500 sq. ft. in office space, it would have to come up with an additional parking stall for each 250 sq. ft. of office space added. A deed restriction would also be acceptable.

Mayor McArthur inquired of the applicant, Mark Peterson, if Qwest would be willing to have a deed restriction placed on the property with regard to its present use.

Mr. Peterson replied that he was not sure he could answer for Qwest, but he would ask them.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the request with the stipulation that a deed restriction for its present use be recorded against the property. Mayor McArthur called for a vote, as follows:


St. George City Council Minutes
September 19, 2002
Page Seven

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 17, 2002, recommended approval of the preliminary plat for The Springs Phase V with five single family lots in an RE-12.5 zone located north of 1450 South Street and approximately 2350 East. Paul B. Jensen & Associates Dev. Inc., applicant.

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

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 17, 2002, recommended approval of the final plat for River Crest Phase II, Cross Roads at McArthur Landing, The Reserve at Webb Point, Desert Sands at Painted Desert Phase I, and Desert Hills Phase 4. With regard to The Reserve at Webb Point, the Planning Commission recommended approval recognizing that the donation of property will take place prior to recording the final plat.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for an 80' high radio tower at the new fire station at 800 North Dixie Downs Road. City of St. George, applicant.

Associate Planner Mark Bradley advised that the Planning Commission recommended approval. The tower will be located at 1800 No. Dixie Downs Road at the new fire station and is needed as part of the Police Department back-up dispatch center which will be located within the fire station. The tower will measure 80' from the ground up.

Council Member Gardner expressed concern that the tower would impact the horizon. He inquired if the option of co-locating the tower had been considered.

Dispatch Supervisor Jeff Dial replied that this tower could not be co-located and would have to stand alone as a secure connection to the dispatch center is needed. This tower would communicate with other towers and repeaters located throughout the area, and the height is necessary to do so.

City Manager Gary Esplin explained that a connection to the building is necessary in order to receive the signal in dispatch.

Council Member Gardner inquired if the tower could be painted in order to camouflage it.

Mr. Dial replied that the tower will look no worse than the 70' power poles across the street from it. The color of the tower is flat gray and should not reflect. However, it can be painted, if desired.

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September 19, 2002
Page Eight

City Manager Gary Esplin commented that staff will make an effort to blend the tower as best it can to its surroundings.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the conditional use permit as requested. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request from the Boy Scouts of America for a special event permit to use the Hela Seegmiller Park for a camping activity.

City Manager Gary Esplin explained the Hela Seegmiller Park has been designated as a Legacy project, and staff is trying to involve various community groups in the project. This camping activity/service project will be the kick-off event.

Marc Mortensen estimated that 500 Scouts would participate in the service project.

City Manager Gary Esplin explained the service project would involve cleaning out canal ditches, cutting down tamaracks, etc.

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

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

The vote was unanimous and the motion carried.

DEVELOPMENT AGREEMENT:
Consider approval of a development agreement with Snack Corp. for relocation of their business to the Ft. Pearce Industrial Park area.

City Manager Gary Esplin advised that this matter would have to be for discussion only, as official action must take place after a Redevelopment Agency meeting. Snack Alliance is proposing to locate in the Ft. Pearce Industrial Park on up to 12.8 acres. The original purchase will be for 8 acres. They are requesting the maximum amount of help available through return of the tax increment through the EDA
of $24,000 plus 7% interest. This is similar to the arrangement with Wells Diary, except this will be ongoing for ten years, not the entire period of time the EDA is in force. The building will be 45,000 sq. ft. at a cost of $4.5 million. Approximately 45 employees will be hired for the first phase. The building will be completed within 36 months after entering into the agreement. Staff feels comfortable with most of the conditions of the agreement, and the rest can be negotiated.

WATER CONSERVATION PLAN:
Consider approval of a water conservation plan for the City of St. George.

City Manager Gary Esplin advised that the only portion of the water conservation plan not being considered at this time is the rate schedule. Further meetings will be held to discuss rates. The remainder of the water conservation plan is ready for adoption.

Council Member Whatcott commented that it appeared the water conservation plan is very much like the general plan in that it is a living, breathing thing which can be adjusted as the City grows and new ideas in zoning and landscaping are developed.

Council Member Orton commented he received one recommendation that incentives be provided for compliance.

Council Member Gardner commented that the rate structure would deal with that.


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September 19, 2002
Page Nine

Council Member Allen commented that the plan, through conservation, would allow use of resources available right now so that new resources do not have to be paid for.

City Manager Gary Esplin explained the plan contains a recommendation that new landscape be xeriscape and that installers be encouraged to correctly install sprinkling systems. The plan contains no mandatory requirements.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the water conservation plan without the rate structure. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AIRPORT CAPITAL IMPROVEMENT PLAN:
Consider approval of an airport capital improvement plan.

City Manager Gary Esplin explained that in order to use the passenger facility charge, federal law allows the City to charge passengers enplaning in St. George a certain amount. Congress approved an increase in that charge, and this project plan establishes uses for which the City could possibly expend funds.

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

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

The vote was unanimous and the motion carried.

Council Member Allen inquired about the timeline for the EIS to be performed for the new airport.

City Manager Gary Esplin replied it is anticipated the EIS will take 18-24 months to complete. This EIS is the only one being done for a noise issue in a national park.

COOPERATIVE AGENCY AGREEMENT:
Consider approval of a cooperative agency agreement with the State of Utah for reimbursement of expenditures at the St. George Municipal Airport during the 9/11 emergency.

City Manager Gary Esplin explained that federal FAA grants for airport projects are funneled through the State to the City, and this agreement will allow the City to recover some of the costs it has incurred because of 9/11. Final numbers have not yet been identified.

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

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

The vote was unanimous and the motion carried.

CONTRACT AMENDMENT:
Consider approval of a contract amendment with Bowen Collins & Associates for design of the water reuse facility.

City Manager Gary Esplin explained that Bowen Collins & Associates has been retained to design the City's reuse treatment facility, and the City is now at the point where it is ready for the next stage, which is a final design of the treatment plant at an additional cost of $251,343. Funding for this project will ultimately be paid for through

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September 19, 2002
Page Ten

settlement of the Shivwit's water rights issue. The City will, in the meantime, front the money for design of the facility. It is the City's plan to bid the project this winter, and it is anticipated that the City will receive some funding by October 1, 2002. The City will have to find a storage site in order to make the plan work properly and to increase the availability of water. This may increase the project cost, but would ultimately result in significant savings by allowing the reuse water to be stored rather than sending it down the Virgin River. Under state law, if an entity puts water into a wastewater treatment facility, they then have a right to claim the wastewater and use it. If Santa Clara and Ivins want to participate in the project, they will also have to participate in the costs. Final costs will not be determined until the design is completed.

Mayor McArthur advised that the Mayors of Santa Clara and Ivins both expressed interest in the project.

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

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

The vote was unanimous and the motion carried.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with the Utah Department of Transportation for the Highland Drive Phase I project.

City Manager Gary Esplin reported that several years ago the City received approval to construct a frontage road from the old industrial park to Washington City using Small Urban funds. Since that time the census has caused the City to be designated as a MPO. In order to utilize the Small Urban funds, the City broke the proposed project into two segments, and this agreement is for the first segment of the project at a cost of $1.4 million. The City's match is approximately half of that amount at $773,000. The project should be completed in the spring.

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

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

The vote was unanimous and the motion carried.

CONSTRUCTION MANAGEMENT SERVICES AGREEMENT:
Consider approval of a construction management services agreement for the Highland Drive Phase I project with Creamer & Noble Engineers.

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

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

The vote was unanimous and the motion carried.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with the Utah Department of Transportation for girder inspection services for the Dixie Drive bridge project.

City Manager Gary Esplin explained this agreement will allow UDOT to provide inspections of girders for the bridges over the Santa Clara River in the Tonaquint area on Dixie Drive. Because UDOT builds 90% of the bridges in Utah, they have contacts who monitor construction of the girders in the factories. The City would like to use them for inspection services for this project.

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September 19, 2002
Page Eleven

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

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held September 5, 2002.

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

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

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss negotiations, property purchase and personnel issues was made by Council Member Gardner and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ADJOURN:
A motion to adjourn was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried. The meeting then adjourned.



_____________________________
Gay Cragun, City Recorder