City Council Minutes

Thursday, May 20,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 20, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Bob Whatcott
Council Member Larry Gardner
Council Member Suzanne Allen
Council Member Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Gardner, and the invocation was offered by Reverend Alex Wilkey.

PROCLAMATION:
Mayor McArthur read a proclamation declaring the week of May 16 as Public Works Awareness Week in the City of St. George. He congratulated Bill Swensen who was named the APWA member of the year by the Utah Chapter of APWA.

Bill Swensen explained that a chapter of the APWA is located in southern Utah and he was recognized for his efforts in said organization.

Council Member Gardner commented that he has received several compliments on Mr. Swensen?s professionalism and promptness in dealing with the public.

ANNOUNCEMENTS:
Mayor McArthur announced that SunTran would now be operating on Saturdays due to the demand, and Saturday May 22 will be a free ride day on SunTran.

Mayor McArthur announced that Part 2 of the South Block Charrette will be held May 26 from 4:00 p.m. to 5:30 p.m. Issues raised at the last charrette will be addressed.

City Manager Gary Esplin announced that due to a cut in a fiber optic line south of Beaver, there currently was no 911, long distance, or cell phone service in Southern Utah. He encouraged citizens not to call 911 unless they had a real emergency, and the Police Department?s emergency communication system program has been put into effect. All fire stations will be manned by police, fire department employees, and volunteers, and if someone cannot get through on to 911, they are encouraged to go to their neighborhood fire station where someone will be dispatched to treat the emergency.

Mayor McArthur announced that Item 2A to consider award of bid for solid waste pick-up at City facilities would be moved to the end of the agenda and addressed after an executive session.

TABLE ITEM:
Mayor McArthur advised that Item 2D to consider award of bid for fuel for all City facilities would be tabled from the agenda.
Mayor McArthur then invited a Scout from the audience to introduce himself.

CONSENT CALENDAR: Consider approval of the financial statement for April, 2004.

MOTION: A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the financial statement as presented.

SECOND: The motion was seconded by Council Member Whatcott.

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

BID OPENING:
Consider award of a construction contract for Horseman Road.

Purchasing Agent Sue Swensen explained that the City and School District entered into an agreement to share the cost of the road. The City received four bids and the low bidder was AT Asphalt. She recommended award of the bid to AT Asphalt in the amount of $564,866.85


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May 20, 2004
Page Two

Council Member Whatcott commented that the paperwork provided as an exhibit to this item in the packets was confusing.

Purchasing Agent Sue Swensen presented the four bids received:

AT Asphalt $564,866.85
Cindy Taylor Trucking $597,660.21
HE Davis $679,374.02
Western Rock $736,290.00

City Manager Gary Esplin explained that this bid did not include a chip seal on the road in front of the school but would be full asphalt improvement.

Purchasing Agent Sue Swensen clarified that one of the line items in the bid was the placement of asphalt road base.

Engineer Jay Sandberg explained that the total cost of the project is $564,866.85, with the School District paying $231,000 of this amount.

MOTION: A motion was made by Council Member Gardner to award the bid to AT Asphalt in the amount of $564,866.85.

SECOND: The motion was seconded by Council Member Allen.

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

AWARD OF BID:
Consider award of bid for the 400 East improvement project.

Purchasing Agent Sue Swensen explained that plans were picked up by seven contractors, but only two bids were received, as follows:

Cindy Taylor Trucking $2,094,220.41
AT Asphalt $2,178,537.92


She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $2,094,220.41.

Engineer Kathy Hasfurther explained that drainage improvements will extend from the top to bottom of 400 East, and reconstruction of the street from 700 South to the Sunbowl. The bid is for construction costs only, and there will be additional costs for engineering, etc.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Cindy Taylor Construction, in the amount of $2,094,220.41.

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 fuel for all City facilities.

This item was tabled.

AWARD OF BID:
Consider award of bid for custodial/cleaning supplies for 2004-2005.

Purchasing Agent Sue Swensen recommended the award of bid be split between Waxie Sanitary and Staheli Distributing by purchasing each line item from the low bidder. She recommended that each company be set up for $50,000 for the year, for a total of $100,000.

MOTION: A motion was made by Council Member Whatcott to award the bid to Waxie Sanitary and Staheli Distributing in the amount of $50,000 each 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.

RESOLUTION:
Consider approval of a resolution authorizing the condemnation of property for construction of the extension of 200 East Street.
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May 20, 2004
Page Three

City Manager Gary Esplin stated that he would like this item to be moved to the end of the agenda so that it can first be discussed in an executive session.

BEER LICENSE:
Consider approval of a beer license for Mr. D?s Chevron at 1946 South River Road. Thomas F. Duce, applicant.

City Manager Gary Esplin explained that the applicant currently has a beer license at another location. Required background checks were performed, and everything is in order.

MOTION: A motion was made by Council Member Whatcott to approve the beer license.

SECOND: The motion was seconded by Council Member Allen.

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

BEER LICENSE:
Consider approval of a beer license for the St. George Golf Club Snack Bar. James D. Hood, applicant.

City Manager Gary Esplin explained that an independent concessionaire operated the snack bar prior to the new golf pro, James Hood, taking it over. Background checks were performed and everything is in order.

MOTION: A motion was made by Council Member Allen to approve the beer license.

SECOND: The motion was seconded by Council Member Bunker.

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

GRANT AGREEMENT WITH FAA:
Consider approval of a grant agreement with the FAA to conduct the Environmental Impact Statement.

City Manager Gary Esplin explained that the City?s share of the cost of the EIS is 5%.

Dave Ulane, Airport Manager, explained that this third grant picks up the remaining cost of the EIS. The City pays only 5% on federal project, and its share will be just over $168,000. Hopefully this will be the last grant needed for the EIS, but if more are needed, the FAA has the ability to do so. The completion date of the EIS is expected to be November, 2005, and right now it is ahead of schedule.

City Manager Gary Esplin explained that the $2 million cost for the EIS does not take into account the amount spent for an earlier EA done at the recommendation of the FAA.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

City Manager Gary Esplin explained that the City?s match is coming from the passenger facility charges collected at the airport, not from the general fund.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended that public hearings be scheduled for June 17, 2004 at 5:00 p.m. or any time thereafter, to consider the following:

(1) A zone change from A-20 to PD Residential on 5.357 acres with 21 single family detached homes and OS on .94 acres located at approximately 2800 S. River Rd. south of the Desert Sands at Painted Desert Subdivision. Riley Richardson, applicant.

(2) A zone change from MH to R-1-10 on 39.49 acres located at the northeast corner of the 2000 South and 2580 East intersection. Karl Larsen and Russell Bateman, applicants.

(3) A zone change from A-1 to RE-12.5 on 5.10 acres located at 2049 East 2800 South east of River Road. Gary Rink, applicant.


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May 20, 2004
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MOTION: A motion was made by Council Member Allen to schedule the public hearings for June 17, 2004 at 5:00 p.m. or any time thereafter.

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:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of the final plat for River Hollow Phase I. Mervyn Cox is the applicant.

Council Member Whatcott inquired if the project included easement rights to expand the road to five lanes.

Mr. Bradley replied that it did.

MOTION: A motion was made by Council Member Gardner to approve the final plat and authorize the Mayor to sign it.

SECOND: The motion was seconded by Council Member Bunker.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of the preliminary plat for West Side Commercial Subdivision. Wendell Tobler and Michael Hughes are the applicants.

MOTION: A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat.

SECOND: The motion was seconded by Council Member Whatcott.

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

LOT SPLIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of a lot split at 1287 W. Bloomington Drive. Steven Davis is the applicant. Staff also recommends approval.

MOTION: A motion was made by Council Member Allen to approve the lot split.

SECOND: The motion was seconded by Council Member Gardner.

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

LOT SPLIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of a lot split and access from a private street located at 720 W. Indian Hills Drive subject to a reciprocal access agreement in the event the property is ever sold. Gary Carter is the applicant. The applicant is aware the property is in the airport flight path. The topography is quite steep.

Mayor McArthur inquired if the property could be split again.

City Manager Gary Esplin replied that it could, but a subdivision plat would have to be filed if a certain number of lots were created off a dedicated street.

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

SECOND: The motion was seconded by Council Member Whatcott.

City Manager Gary Esplin clarified that the applicant could not subdivide his property without meeting requirements of the Subdivision and Hillside Ordinances.

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

SITE PLAN AND BUILDING ELEVATION:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of the site plan and building elevations for a proposed office building located within the Tonaquint Center, Phase 2, Lot 5, at 1600 South Dixie Drive. Dustin Moore/Online Web Marketing is the applicant. Mr. Bradley explained that the building is two stories at a standard height of 35'. It will be southwest style with stucco and a tile roof. More parking is being provided than

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May 20, 2004
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required. The Planning Commission also recommended approval of a future building up to 4,750 sq. ft. in the same style as long as parking and setback requirements are met.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations for this building as well as a future building, as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Allen.

CLARIFICATION: Mayor McArthur clarified that if there were any change in the use of the building, such as to a call center, parking requirements would have to be met.

VOTE: He then called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to convert a commercial building into a used car lot in a C-3 zone at 635 E. St. George Blvd. Nelson Moak and Ryan Douglas, applicants.

Planner Ray Snyder explained that the building was formerly used as a restaurant. There is an existing sign which encroaches into the right-of-way. The new monument sign will have to comply with current City standards. Currently there are two driveways for ingress and egress, but the site plan shows just one driveway. There is adequate parking. 5% landscaping and street trees are required. The applicants propose 8% landscaping. The Planning Commission asked that the applicants prepare a revised landscape plan, and staff suggest that no business license be issued until the landscaping is completed to the satisfaction of the City Council and staff. The Planning Commission recommended approval subject to the following conditions:

1. Provide nine (9) striped parking spaces per submitted site plan. Two of these spaces will be for handicap parking and conform to current design standards.
2. Parking spaces shall be a minium size of nine feet (9') wide by eighteen feet (18') in depth.
3. Resurface the parking lot and stripe the parking spaces.
4. Drive aisles shall be a minimum of twenty five feet (25') in width. No parking of vehicles may occur in the drive aisle.
5. All parking spaces shall have adequate space for turning motions.
6. Replace the existing pole sign with a monument sign that meets current standards and does not encroach into the public right-of-way.
7. Three street trees shall be planted and be deemed as acceptable to the City Forester.
8. Landscaping shall be a minimum of 5% of the site area.
9. Applicant shall demonstrate that landscaping is within property lines and that State right-of-way is not included in the calculations.
10. One driveway shall be removed and a thirty foot (30') single ingress and egress driveway shall be permitted as per submitted site plan.
11. All building reconstruction shall be permitted and meet current building and fire codes.
12. Display vehicles may not encroach into the public right-of-way.
13. Site lighting shall comply with Section 10-19-7, St. George City Code.

Nelson Moak, applicant, commented that a water feature would be incorporated into the landscaping.

MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission, as well as the stipulation that no occupancy of the building shall take place until the landscaping is completed to staff?s satisfaction.

SECOND: The motion was seconded by Council Member Gardner.

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

Council Member Allen inquired where in the City Office the conditional use permits were filed.

Mr. Snyder replied that they were filed in the Planning Department in the project file.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a 17' high detached garage adjacent to a home at 3487 South Sugar Leo Rd. Ronald L. Damm, applicant.

Planner Ray Snyder explained that the Planning Commission recommended approval.

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May 20, 2004
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MOTION: A motion was made by Council Member Gardner to approve the request.

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Bunker inquired if the neighbors had been notified.

Mr. Snyder replied that notices were sent to all property owners within a 300' radius, and no responses had been received.

Council Member Whatcott advised that there was one letter in the packet from a neighbor, but he did not have any problem with the request.

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

INSURANCE POLICY:
Consider approval of an insurance policy to hedge against high market prices in the event of the loss of DGT resources.

Power Director Phil Solomon explained that most of the City?s resource portfolio is within a range that it can cover with generation. However, due to the volatility in the market and the prediction that this summer will be hotter than normal, staff would like to try and alleviate the risk. It investigated an insurance policy that limits the City?s exposure to the market. When the market is over $70, the insurance would kick in. However, most of the time it is anticipated that the market will be less than $70. There is a 3% chance that the City would actually have to exercise the insurance policy, but in the chance that it would have to, the City could be exposed by as much as $1,000,000 to $2,000,000. With that kind of exposure and the cost of the premium, it would be good insurance to have. The Water and Power Board recommends approval for a four month period from June to September. The cost for this four month period is $50,000.

City Manager Gary Esplin expressed concern with the market the last few years. He stated that if the City still had a reserve, this would not be a problem. However, it would be good to have this insurance at least for this year and next.

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

SECOND: The motion was seconded by Council Member Whatcott.

Mr. Solomon commented that the City?s Finance Director, Phil Peterson, felt the insurance policy was a good investment as well.

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

Mr. Solomon suggested that the motion be contingent on legal review of the documents.

ENVIRONMENTAL ASSESSMENT:
Consider approval of an environmental assessment for the Gunlock arsenic treatment plant.

City Manager Gary Esplin explained that approval of this item would authorize the use of Bio-West along with Corollo Engineers to do the project at a cost of $75,581. The City will apply for an extension to meet the requirements, and the State has indicated they would look favorably on the request for extension.

MOTION: A motion was made by Council Member Whatcott to approve the environmental assessment as requested.

SECOND: The motion was seconded by Council Member Gardner.

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

WATER LINE COST SHARE AGREEMENT:
Consider approval of a water line cost share agreement.

City Manager Gary Esplin explained that in order to accommodate fire safety and water pressure throughout the City, water lines must be extended. It is proposed that the City pay for the cost to take the lines further down the block and above the cost the developer would pay. The project is the Sunbowl West Townhome development.

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


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May 20, 2004
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SECOND: The motion was seconded by Council Member Bunker.

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

REIMBURSEMENT AGREEMENT:
Consider approval of a reimbursement agreement with JMI for improvements on Red Cliffs Drive.

City Manager Gary Esplin explained that this item was tabled from the last meeting in order to give staff time to look at other projects along Red Cliffs Drive.

Gilbert Jennings, applicant, advised that he is in the process of developing property on Red Cliffs Drive at 2450 East. On Red Cliffs Drive from 2450 East there currently is no center turn lane. A traffic impact study suggested there should be one. However, there are extenuating circumstances with the project such as power poles in relation to the street. While he would be more than happy to pay the cost of improvements on the south side of the street along the property, if the power lines were not there he would be more than willing to have the curb and gutter shift over closer to the property. However, because of the power lines, this is not possible. His commitment was that he would pay all costs on the south side of the street along the frontage and add any lanes required for traffic control, and the City would participate on the north. The only place the road can be expanded is to the north. There are culverts which go underneath the freeway, and an internal storm drain system has been designed to carry water through his project to the south end to 2450 East. This is a considerable added expense not included in the agreement for storm water which comes from Red Cliffs and north of the freeway which has nothing to do with his project. Staff is concerned that he is asking for something the others along Red Cliffs Drive did not receive help with, but while Deseret Industries paid for improvements along the south side of Red Cliffs Drive, there was already a turn lane in front of their property. He stated he would be happy to pay for the cost of what is required on the south side, but not having a center turn lane is a larger problem than his project and will influence all traffic on Red Cliffs Drive, and the City should participate. The reimbursement agreement asks the City to pay $61,000, which is the amount received from the contractor to pay for the improvements along the north side of the road. He again stated that he would be happy to pay for all improvements on the south side of the road, and he was paying for all the drainage which has nothing to do with him.

Mayor McArthur inquired what the $61,000 would cover.

City Manager Gary Esplin replied that it pays for taking out the curb and gutter and putting in new drainage catch basins on the north side of the road to the west end of Mr. Jennings? property.

Mayor McArthur commented he wished the church could be included in the project on the north side of the road.

City Manager Gary Esplin explained that Red Cliffs Drive was built on right-of-way given to the City by the State, and a special improvement district was created to improve Red Cliffs Drive when the mall was built.

Power Director Phil Solomon advised that the power lines adjacent to Mr. Jennings? property were there when the right-of-way was deeded to the City and were owned by Dixie REA Power.

Mayor McArthur commented he felt the City should participate with Mr. Jennings in the project.

Mr. Jennings recommended that the project not be done until September after the temperature cools so that landscaping can be saved.

City Manager Gary Esplin commented that staff?s concern is based on the traffic study which says that in order for Mr. Jennings to develop his commercial project, a left turn lane is mandatory, and it is their responsibility to provide it. It then would be their responsibility to move the power poles in order to accommodate the left turn lane, or if they are not moved, to allow them to improve the north side of the road so that a left turn lane can be accommodated. City participation will negate what they are required to install as part of the development process.

Mayor McArthur commented that the power lines were causing the problem.

City Manager Gary Esplin commented that Mr. Jennings could do a right turn in and right turn out only. While it is the City?s responsibility to pay the cost of improvement of the north side of the road, if Mr. Jennings were not developing his property, the left turn lane would not be needed. However, if the left turn lane is needed for general roadway safety, then it would be the City?s responsibility.

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May 20, 2004
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Mayor McArthur stated there is a turn lane the entire length of Red Cliffs Drive, except for this portion, due to the power lines. He stated he felt the City should participate in the cost of the turn lane.

A brief discussion took place concerning the special improvement district which was created to improve Red Cliffs Drive.

Council Member Whatcott commented that if the traffic study says for safety purposes a turn lane is needed, then the City has a responsibility to put in a median to prohibit left hand turns. If it does not do this, is it going to be responsible for 100% of the cost of moving the curb on the north side all the way down, as the next property has the same problem, and the next, etc.

Assistant City Engineer Jay Sandberg commented that all property is developed from the mall to the church, and another access will never be needed.

Mayor McArthur commented he was convinced the City would have installed a turn lane if there had been room to do so.

City Engineer Dave Demas advised that he contacted Brent Gardner, the engineer for the SID, and inquired why a turn lane was not installed at this location. Mr. Gardner replied that there were four reasons: (1) budget issues; (2) expense to relocate the power lines; (3) the property owners did not know what they would do with the property and were uncooperative about any additional rights-of-way; and (4) no one knew where access to the property would be at that point.

City Manager Gary Esplin stated that he did not think staff was suggesting the entire cost of the turn lane be borne by Mr. Jennings as there were some extenuating circumstances, but by allowing the developer to use additional right-of-way property between the development and the power poles, he would receive value. He inquired of Mr. Jennings if he would be able to make use of excess right-of-way property.

Assistant City Engineer Jay Sandberg advised that the right-of-way is owned by UDOT, and would take an act of Congress for them to relinquish it.

City Manager Gary Esplin commented that the right-of-way could be landscaped. Staff would like to be consistent and require the same of everyone.

Mr. Jennings commented that he expected to pay his fair share, but he was relying on a commitment made by the Public Works Director that the City would participate.

Public Works Director Larry Bulloch advised that he indicated to Mr. Jennings that the City should participate, and staff is just trying to determine to what level, and to find a reasonable formula to use in the cost-sharing.

Mayor McArthur commented that it was a good suggestion to use the extra right-of-way for landscaping which would allow the developer to move his building closer to the road.

Mr. Jennings replied that he could not afford to start over with the project.

Council Member Allen commented that if Red Cliffs Drive was not widened in this area, the City would regret it in the long run.

City Manager Gary Esplin commented there was no question staff would like the road widened.

Assistant City Engineer Jay Sandberg commented that the agreement amount did not include relocation of landscaping and he felt the developer should take care of this, and the landscaping on the north side of the road.

Mr. Jennings agreed that he would do this. He commented that there may be value in using the right-of-way for landscaping, thereby allowing more parking spaces, but he was reluctant to agree to this.

Council Member Gardner commented that the City now has an opportunity to correct the situation. Mr. Jennings is more than happy to pay his fair share, and he hated to see the project get held up any longer. He suggested that perhaps a not-to-exceed amount could be agreed to, and the value in increased parking could be used as a trade-off to buy down any exposure.

City Manager Gary Esplin stated that the issue should be decided now based on the turn lane only. The left turn lane is needed, and if the Council determines that the City has an obligation to help fund it, staff will find the money to do it. There are only a certain number of roads which will be carrying a major part of the traffic, and this road

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May 20, 2004
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is one of them, and from a traffic standpoint, staff wants to make the road as user-friendly as possible.

MOTION: A motion to approve the agreement in an amount not to exceed $61,000 was made by Council Member Bunker.

SECOND: The motion was seconded by Council Member Allen.

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

ATTORNMENT AGREEMENT:
Consider approval of an attornment agreement between the City, Village Bank, and JLH Ventures, LLC.

City Attorney Shawn Guzman explained that an attornment is a transfer of something.

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

SECOND: The motion was seconded by Council Member Bunker.

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

ASSIGNMENT OF LEASE:
Consider approval of an assignment of a commercial lease from Western Air Services to Direct Aviation, Inc.

Airport Manager Dave Ulane explained that there were two fixed base operators at the airport, and one bought out the other.

MOTION: A motion was made by Council Member Whatcott to approve the assignment of lease.

SECOND: The motion was seconded by Council Member Gardner.

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

HANGAR LEASE:
Consider approval of a new non-commercial hangar lease with Dr. Robert Harris.

Airport Manager Dave Ulane explained that Mr. Lundberg sold his hangar to Dr. Harris.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

AMENDMENT TO LEASE:
Consider approval of an amendment to the airport terminal lease agreement with Skywest Airlines.

Airport Manager Dave Ulane explained that the lease is being amended to add more space in the terminal and a new landing fee effecting July 1 to fund new firefighting equipment required under new federal rules.

MOTION: A motion was made by Council Member Allen to approve the amendment to the lease.

SECOND: The motion was seconded by Council Member Gardner.

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

CONCESSION AGREEMENT:
Consider approval of a concession agreement with Infowest, Inc. to provide a wireless access point at the airport.

Airport Manager Dave Ulane explained that the St. George Municipal Airport will be the first airport in the State to provide this service. The service will be provided free to Infowest customers, and the City will receive a percentage of the revenue.

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

SECOND: The motion was seconded by Council Member Bunker.

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VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried
CONCESSION AGREEMENT:
Consider approval of a concession agreement with R&J Newspaper Service to locate a newspaper rack at the airport for the Salt Lake Tribune and Deseret Morning News.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

SET PUBLIC HEARING:
Set a time, date, and place for hearing regarding the recovery of costs to demolish two buildings: (1) 52 W. Diagonal; and (2) 1811 W. Canyon View Drive.

City Manager Gary Esplin recommended that the hearings be scheduled for June 3, 2004.

MOTION: A motion was made by Council Member Allen to set the public hearings for June 3, 2004.

SECOND: The motion was seconded by Council Member Gardner.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held April 29, 2004.

MOTION: A motion was made by Council Member Whatcott 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.

POLICE DEPARTMENT UPDATE:
As a follow-up to an item mentioned earlier in the meeting, Police Chief Marlon Stratton advised that 911 service is being re-established to the St. George area. He advised that he activated the emergency operation center to transfer some emergency calls and have the dispatchers handle all calls without interruption of service. All fire stations have been staffed, and citizens are advised to go to their neighborhood fire stations for an emergency if they are not able to connect to 911.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss litigation and property issues was made by Council Member Gardner.

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 Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

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

SECOND: The motion was seconded by Council Member Gardner.

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

SCHEDULE MEETING:
City Manager Gary Esplin explained that a City Council meeting was needed on Monday, May 24, 2004 to consider releasing a portion of the property originally pledged as collateral for the WCIA?s Lease Revenue Bonds, Series 1997A and Lease Revenue Bonds, Series 2003.

St. George City Council Minutes
May 20, 2004
Page Eleven

AWARD OF BID:
Consider award of bid for solid waste pick-up at City facilities.

MOTION: A motion was made by Council Member Whatcott to award the bid to Dixie Waste for one year, after which it would be rebid.

SECOND: The motion was seconded by Council Member Allen.

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

RESOLUTION:
Consider approval of a resolution authorizing the condemnation of property for construction of the extension of 200 East Street.

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

The vote was unanimous and the motion carried.

REPORT FROM ST. GEORGE MUSICAL THEATER:
Council Member Bunker reported that the St. George Musical Theater would like permission to use two vacant rooms formerly used by the School District, and hopefully another room to be vacated by Ferron Holt. The St. George Musical Theater would also like to meet with the City Council in a work meeting.

It was the consensus of the Council to allow use of the vacant rooms. Mayor McArthur advised that the Council would meet with the St. George Musical Theater at a future date after it completed its review of the budget.

REPORT FROM ST. GEORGE DINOSAUR TRACK SITE:

Council Member Bunker reported that the Dinosaur Committee has been meeting twice a month and has ordered letterhead, a contribution box has been installed, and they are working on by-laws and an interpretive plan.

REPORT FROM ARTS COMMISSION:
Council Member Bunker reported that Lenore Hobbs has been selected as the Chairwoman for A Taste of Dixie, and there are vacancies on the Commission to be filled.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Gardner.

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




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Gay Cragun, City Recorder