City Council Minutes

Thursday, June 15,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 15, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Rod Orton, and the invocation was offered by Rev. Ralph Clingan, Good Shepherd Presbyterian Church.

Mayor McArthur reported on a flag day celebration at the Elks Lodge where several flags were retired. He encouraged all citizens to display their flags now until July 4 to show respect for the troops who are returning from Iraq. He also encouraged merchants to display welcome home messages on their signs. A homecoming celebration/BBQ will be held July 30 at 4:00 p.m. at the Dixie Center.

TABLED ITEMS:
Mayor McArthur advised that Item 3B, a public hearing to receive public input on the proposed capital facility plans and proposed impact fees on a City-wide basis has been tabled from the agenda until the first or second meeting in July.

City Manager Gary Esplin advised that items 6D and 6F, to consider approval of conditional use permits for a substance abuse treatment facility within the Ventana Professional Park at 280 North 1680 East and to construct an office building at 500 South and Bluff Street to a height of 58'9" measured from the adjacent grade were also tabled.

ADDENDUM:
Mayor McArthur advised that there was an addendum to the agenda to consider award of bid for crack seal, seal coating and striping of trails, parking lots and roadways.

AWARD OF BID:
Consider approval of a change order for the Millcreek Tanner splitter project.

Purchasing Manager Connie Hood explained that the City is installing a splitter to divide water flows between Millcreek and Washington City. As a result of the proposed widening of the I-15, the location of the project has to be moved 30' downstream which has resulted in an additional cost of $48,923.82 to the City for a longer approach apron to reduce erosion. Some of the old pipes will be replaced, and sluice gates added.

Council Member Whatcott inquired if Washington City would share in the cost.

Water Services Manager Barry Barnum replied that the present splitter diverts the flow through Nissan Park in Washington, with leftover water coming back into the stream for the Millcreek system. The new splitter will more equitably divide the water by percentage owned. Washington City will not benefit from the new splitter as their flow through the park will be reduced, but they have agreed to the change order.

MOTION: A motion was made by Council Member Gardner to approve the change order.
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 CONTRACT:
Consider award of a personal services contract to perform an environmental assessment on 120 acres of BLM land.

Purchasing Manager Connie Hood explained that the City has submitted an application for a R&PP lease on 120 acres of BLM property located on the west black ridge. The application must include an environmental assessment and the City must hire someone to do this. Three proposals were submitted and are being evaluated by staff. The cost of this contract should be between $18,000 - $20,000.

Leisure Services Director Kent Perkins advised that staff has reviewed the proposals and recommends award of the contract to JDR Consultants in the amount of $18,600. They were the low bidder and will do the project in four to six weeks.

MOTION: A motion was made by Council Member Orton to award the contract to JDR Consultants in the amount of $18,600.
SECOND: The motion was seconded by Council Member Bunker.

City Attorney Shawn Guzman recommended that approval of the contract be made subject to legal review.

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Council Member Orton and Bunker agreed to add this stipulation to the motion.

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

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

Purchasing Manager Connie Hood explained that Paramount Petroleum was the only bidder. She recommended award of the bid to them in the amount of $207,560.20. She explained that this was almost double the engineer?s estimate, but the estimate was made using last year?s prices without consideration of this year?s drastic price increases.

MOTION: A motion was made by Council Member Gardner to award the bid to Paramount Petroleum in the amount of $207,560.20.
SECOND: The motion was seconded by Council Member Allen.
MAYOR: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for vehicles for the Engineering Department.

Purchasing Manager Connie Hood explained that bid information was sent to all fleet sales, local vendors, and vendors in the Salt Lake area. Delivery was required before the year end. Bids were received from Newby Buick and Butterfield Ford. She recommended award of the bid to the low bidder, Butterfield Ford, in the amount of $59,650. She advised that the local bidder, Newby Buick, was not within 5% of the low bid.

City Manager Gary Esplin explained that the three vehicles were bid as a package in order to get a better bid. He stated that some times the items are split up so they don?t have to come to the City Council for approval, so the purchasing ordinance is currently being reviewed.

MOTION: A motion was made by Council Member Orton to award the bid to Butterfield Ford in the amount of $59,650.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


AWARD OF BID:
Consider award of bid for a stand-by generator.

Purchasing Manager Connie Hood explained that bids were received from two suppliers, Wheeler Machinery and Cummins. The low bidder was Wheeler, however, the delivery time is 42 weeks out which is not acceptable for the project. She recommended award of the bid to Cummins in the amount of $28,100 with a delivery time of less than six weeks.

MOTION: A motion was made by Council Member Gardner to award the bid to Cummins in the amount of $28,100.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to install power systems to the three reuse pump stations.

Purchasing Manager Connie Hood explained that recently the City Council approved a payment to Santa Clara for power to the Graveyard Wash pump station. This included the transformer, conduit and wire. The reuse project contractor has submitted a change order to install this equipment at Graveyyard Wash, as well as supply wire, conduit, transformers and installation at the Sunbrook and Ivins pump stations. The cost is in line with the work to be done, in the amount of $160,987.

MOTION: A motion was made by Council Member Whatcott to approve the change order.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for crack seal, seal coating and striping of trails, parking lots and roadways.

Purchasing Manager Connie Hood explained that only one bid was received. She recommended award of the bid to Holbrook Asphalt in the amount of $39,912.

MOTION: A motion was made by Council Member Whatcott to award the bid to Holbrook Asphalt in the amount of $39,912.
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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Mayor McArthur again advised that Item 3B, a public hearing to receive public input on the proposed capital facility plans and proposed impact fees on a City-wide basis has been tabled from the agenda until the first or second meeting in July.

RESOLUTION:
Consider approval of a resolution abandoning a utility easement on the north border of Lot 40 of the Stone Cliff Phase 2 Subdivision. Mr. Jensen, applicant.

City Manager Gary Esplin explained that this item was tabled from the last meeting agenda. Staff and the JUC have reviewed the request and recommend approval.

MOTION: A motion was made by Council Member Whatcott to approve the resolution.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of an off-premise beer license for Fabulous Freddy?s on Bluff Street. Fred Smith, applicant.

City Manager Gary Esplin explained that all required documentation has been reviewed and no criminal history has been found.

Fred Smith, applicant, advised that the grand opening will be held either June 29 or the first week in July.

MOTION: A motion was made by Council Member Gardner 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.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held June 13, 2006, recommended a public hearing be scheduled for July 20, 2006 at 5:00 p.m. to consider a zone change from R-1-10 to PD-AP on 3.62 acres located at 1400 West and Snow Canyon Parkway. Rick Rosenberg is the representative.

MOTION: A motion was made by Council Member Gardner to set the public hearing as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held June 13, 2006, recommended approval of five final plats: The Ledges of St. George Phase 3, Shinava Ridge, Whisper Ridge Phase 2, Home Depot - Westridge Commercial Subdivision, and Black Ridge Commercial Center.

Council Member Gardner declared a conflict of interest.

MOTION: A motion was made by Council Member Allen to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye except for Council Member Gardner who abstained from voting. The motion carried.

CONDITIONAL USE PERMIT (2006-CUP-017):
Consider approval of a conditional use permit to establish a preschool within a residence located at 49 South 2790 East Circle. Melinda Young applicant.

Planner Ray Snyder explained that the applicant would like to have a maximum of 12 children. The Planning Commission recommends approval.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder displayed elevations and advised that the Planning Commission recommends approval of a site plan and building elevation for a proposed commercial

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building on Lot 1 of the 3D Commercial Center located at 60 East and 2580 South subject to the following conditions:

1. The building shall be single story and height shall not exceed 23'4".
2. The building color and materials shall be per submittal to the Planning Commission meeting of June 13, 2006.
3. Lighting at the property line shall not exceed approximately 1.0 foot candle. Maximum level on the site is not expected to exceed 15 FC.
4. A site plan review application shall be processed through the Development Services Department.
5. Signage shall be under separate permit.
6. The landscaping installed shall match the plan submitted to the Planning Commission and City Council.
7. A 60' right of way easement for future master plan road extension shall be provided for trailhead access.
8. The applicant shall comply with driveway and circulation issues to the satisfaction of the City Engineer.
9. All two way drive aisles are to be 25' minimum.
10. Show sight distance triangles at corner and at accesses. No walls in sight distance triangle area.

Mayor McArthur commented that the lights should be directional or hooded.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Bunker commented that because this area is an entrance to the City, she hoped to see a more creative building. She inquired if the galvanized grey material was reflective.

An unidentified man replied that he did not think the material would be reflective.

Council Member Allen commented that brushed steel is not reflective.

CLARIFICATION OF CONDITIONAL USE PERMIT:
Clarification of a conditional use permit: whether a short term rental at 242 South 100 East without a resident manager is similar to a bed and breakfast inn previously approved for the home. Dennis Parry, applicant.

Community Development Director Bob Nicholson explained that in November, 2003 the City Council approved a conditional use permit for a bed and breakfast after the site was designated as a landmark site. The new owners proposed to use the property as a vacation getaway but there will not be an on-site manager.

Dennis Parry, applicant, explained that he has hired an employee who lives a few blocks away, but he will not be living there all the time. The use will not be a bed and breakfast, as no breakfast will be served.

Mayor McArthur advised that the Greene home is used in a similar manner.

Council Member Gardner commented that he was not aware that either of the Greene homes have created any problems, and he wondered how they fit the interpretation of a vacation getaway.

Council Member Allen commented it has been the city?s goal to move families into homes in the downtown area. She commented that while she can see the need for such a use, it is a different use in her mind.

City Attorney Shawn Guzman commented that it is a different use and he expressed concern about the precedent approval of this request would set. He stated the request falls in the realm of a timeshare or hotel or motel, and although it does not meet the

legal definition of a timeshare in the state code, it is a short term rental. The bed and breakfast was allowed because someone would be living in the home.

Council Member Orton commented that the Greene?s homes have been an asset to the downtown area and perhaps have already set a precedent. He suggested the matter be delayed to give staff time to see how the Greene homes are being used.

City Attorney Shawn Guzman commented that he would feel more comfortable if he could meet with the Community Development Director to discuss the request.

Council Member Allen advised that neighbors are concerned that all the historic homes are being used for businesses rather than for residences.

City Attorney Shawn Guzman commented that the proposed use is a 24 hour business.



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Page Five

Council Member Whatcott inquired how many homes were designated as landmark sites which have the ability to be used as a bed and breakfast or vacation getaway. He commented that if the City is trying to save the old historic homes, there was not a lot of distinction between bed and breakfasts and timeshares.

Mr. Parry inquired if the City required someone to live on site, or if there could be an off-site manager. He explained that only his family and extended family would be using the home, but there would not be an owner living on site. There will be an employee living off-site to manage it. It will not be used as a timeshare. He stated he bought it because it was a bed and breakfast and to preserve it.

Community Development Director Bob Nicholson commented that there are about 26 landmark sites within the City, with a third of those located in commercial zones.

Doug Alder commented that there are 200 historic homes which could potentially qualify for landmark status.

City Attorney Shawn Guzman commented that it would be helpful to identify these sites on a map.

Mayor McArthur suggested that the matter be tabled in order to obtain more information on potential and existing uses of landmark sites.

MOTION: A motion was made by Council Member Gardner to allow the applicant to continue the present use of the home until a determination is made by the City Council.
SECOND: The motion was seconded by Council Member Orton.

Mr. Parry clarified that the home could continue to be used as a bed and breakfast with an on-site manager.

City Attorney Shawn Guzman replied that this was correct.

Mr. Parry explained that the home has room for two families so the manager could live in the casita in the back.

Council Member Whatcott commented that Mr. Parry bought the home because it was a bed and breakfast, yet but does not want to use it as a bed and breakfast because breakfast is not served. If Mr. Parry wants to use a home for family and extended family, he should have purchased a regular home since a landmark designation is not needed.

Mr. Parry replied that he charges extended family to use the home, and if he is doing that, under City interpretation, this is a bed and breakfast.

AMENDED MOTION: A motion was made by Council Member Gardner table the matter until the first meeting in July, and in the meantime allow the applicant to use the home as a bed and breakfast until a determination is made by the City Council.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur again announced that Item 3B, a public hearing to receive public input on the proposed capital facility plans and proposed impact fees on a City-wide basis has been tabled from the agenda until the first or second meeting in July.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from OS to PD - Administrative Professional and Office on 2.35 acres located on the west side of Bluff Street at approximately 350 South Bluff Street. Neil Gibbs, applicant.

Community Development Director Bob Nicholson explained that the project will share access with the existing office building. The proposed building is two stories of office space over a three story parking garage which will be dug into the hillside. The applicant will need to go to the Hillside Review Board. Based on the slope, there is 19,100 sq. ft. of office space. 77 parking spaces are required, and the applicant proposes 78 spaces. The building height is 74' on the high side and 30' on the low side. The Planning Commission recommends approval subject to obtaining a hillside development permit.

Les Stoker explained that Neil Gibbs, and Doug McKnight are the owners of the project.
He displayed a model of the project, and explained that the project has many challenges due to the hillside ordinance, but all provisions are being met and no variance is being requested. The building will be owner occupied.

Doug McKnight explained that access and utilities were stubbed to the site when the adjacent building was built by. No variance has been requested, and all requirements of the City have been satisfied. The only disturbance of the hillside will be where the building will be built and the site preparation will be done without leaving a scar on the hillside.
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Page Six

Rick Wells, architect, advised that the amount of parking available dictates the square feet of the building. It was determined that the maximum allowable space which could be disturbed allowed 78 parking spaces, which determined the size of the building. Two stories of the building will be above grade, with two parking levels below grade and one parking level at grade with the entrance of the building. The building fits back into the hillside. The colors are those presented on the renderings to blend into the hillside, and the shape of the building was designed to prevent a large wall from fronting on Bluff Street. Construction materials will be of concrete, exposed steel, and masonry.

Council Member Gardner inquired if there was any way to hide the exposed cut to the south of the building, such as moving proposed trees to the base of the cut.

Mr. Wells replied that what Council Member Gardner is referring to is a retaining wall, and not a cut. There is no place which will be cut and left exposed.

An unidentified man explained how the hillside would be cut without disturbing the soil behind it. This new procedure is being used around the world, and only qualified contractors will be invited to bid. He explained that a soil analysis is being done, and the project is located well away from landslide areas.

Council Member Bunker commented that she had a problem with any building on the Black Hill.

Mayor McArthur commented that the City has always known there would be another building built on the site.

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

Council Member Orton complimented the applicants and advised that their presentation was very impressive and has set the standard for what will be required in the future.

MOTION: A motion was made by Council Member Orton to approve the zone change subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - no

The motion carried.

PUBLIC HEARING/RESOLUTION:
Public hearing to receive public input on amendment to the 2005-2006 fiscal budget.

City Manager Gary Esplin reviewed the proposed amendments.

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

MOTION: A motion was made by Council Member Whatcott to approve the resolution.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/RESOLUTION:
Public hearing to receive public input on the 2006-2007 fiscal budget.

City Manager Gary Esplin reviewed the budget and advised that no property tax, fee or utility increases are proposed.

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

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



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

The vote was unanimous and the motion carried.

Mayor McArthur again announced that Item 3B, a public hearing to receive public input on the proposed capital facility plans and proposed impact fees on a City-wide basis has been tabled from the agenda until the first or second meeting in July.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a substance abuse treatment facility located within the Ventana Professional Park at 280 North 1680 East Street. Carolyn McCullough, applicant.

This item was tabled.

Consider approval of a conditional use permit to construct an office building at 500 South and Bluff Street to a proposed height of 58'9" measured from the adjacent grade. Chad Chiniquy, applicant.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider approval of disbursement recommendations from the Public Arts Committee.

Doug Alder explained that the Public Arts Committee was formed to recommend expenditure of City money for art activities along Main Street and the Town Plaza. The Committee has met four times so far this year. The recommendations are (1) $20,000 for the purchase of ?Wild Flowers?, a sculpture by Dennis Smith, (2) $10,000 for the purchase of ?Fish Tender? by James Christensen for location in the new plaza, and (3) $10,000 to be used as matching funds to purchase the ?Watermaster? sculpture by L?Deane Trueblood and Annette Everett.

Gary Sanders explained that staff is working with the Dixie Arts Foundation to use matching funds to underwrite the remaining cost of the ?Watermaster? sculpture.

Council Member Orton commented that the Committee felt that the ?Fish Tender? sculpture would not be located on the water walk, but the other two would.

Council Member Gardner commented there was still opportunity for other artists to become involved for character and variety as the City does not want the theme to be too limited.

Council Member Bunker commented that it makes it more interesting to have various types of art and different sizes of sculptures.

Council Member Orton commented that the Committee wants to stay with the theme and wants to place only pieces everyone can be proud of. The Committee has put a lot of concentration and effort into obtaining a class art collection.

MOTION: A motion was made by Council Member Gardner to support the recommendations of the Public Arts Committee and fund the projects recommended, but also encourage other families to come forward with projects to benefit the downtown.

Council Member Orton encouraged families to step up and put their family names on the purchases.

Doug Alder commented that there is a clear set of procedures for selection of art work, and if someone approached the committee to place a sculpture, the concept would have to be discussed and there is a set of sculptors which are recommended. The display, however, is not a trophy hall for families to put their things on, and the best thing for them to do would be to contact Gary Sanders.

Gary Sanders commented that quality pieces are desired.

Council Member Orton commented there is a great opportunity now for a family to place its name on a sculpture, or commission an artist to place something that is more meaningful to the family.

SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of a UDOT Cooperative Agreement with Horrock?s Engineering as consultant design engineer on the Atkinville/Southern Parkway project.
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City Manager Gary Esplin explained that an agreement is needed for design of the Atkinville Interchange and Southern Parkway. He advised that UDOT has been told that the City will not be responsible for anything else beyond this agreement without its approval, and UDOT has agreed. The City?s portion is $182,800.

MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONTRACT:
Consider approval of a contract with HDR Engineering to perform environmental work on the Atkinville Interchange and Southern Parkway projects.

City Manager Gary Esplin explained that this contract is part of the same proposal as the previous item and is for engineering work. The City?s share is $46,600, with the same caveat that this is the maximum amount the City will authorize to be spent.

MOTION: A motion was made by Council Member Bunker to approve the contract.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried
AGREEMENT:
Consider approval of an agreement with Carter Burgess to complete the replacement airport financial plan.

City Manager Gary Esplin explained that a financial plan is required by the FAA. The FAA would like to know how the City proposes to come up with matching funds and fund improvements. The contract is for $1.3 million, and staff recommends authorizing up to $1 million which is the balance of the FAA grant. The City has been authorized to use these funds do to this plan and also update cost surveys and plans for actual work on the airport.

MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of an agreement with the FAA for a $1,000,000 grant to finance the replacement airport financial plan.

MOTION: A motion was made by Council Member Allen 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.

AIRPORT LEASE:
Consider renewal of the Sky West property lease at the airport.

City Manager Gary Esplin recommended extending the lease to February 2010. Staff has looked at what others are charging for counter space, and the lease rate is in the ballpark.

MOTION: A motion to approve the lease was made by Council Member Whatcott to approve the lease.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of a Commercial Operating Agreement with FedEx at the airport.

City Manager Gary Esplin explained that the agreement will run for two years with a
landing fee of $1.00 per 1000 lbs. of land weight, the same as Skywest.

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.

AGREEMENT:
Consider approval of an agreement with Desert Hills to haul material to backfill properties along the NRCS river armoring project.

City Manager Gary Esplin explained that an agreement is needed to backfill along the wall by the Santa Clara River in order to protect the integrity of the wall. When the NRCS put the wall in, the area was not graded or filled. Material from Desert Hills will be used in exchange for soil left over in the Bloomington Park. The amount is $83,220.
Mr. Esplin explained that the Virgin River trail is done, and is now the City?s responsibility to elevate it above the toe so it can survive flooding. The City is getting

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estimates now for this work and has applied for a grant through the trails program to do one side.

MOTION: A motion was made by Council Member Orton 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.

AGREEMENT:
Consider approval of an incentive agreement with Viracon for construction of a factory in the Ft. Pierce Industrial Park.

City Manager Gary Esplin explained that the City will be returning 80% of all the real and personal property tax Viracon would normally pay, up to five years or $1,000,000 as an incentive and subject to creation of the new EDA in this area.

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.

Washington County Economic Development Director Scott Hirschi explained that Viracon is a fabricator of glass curtain walls. This will be their third manufacturing plant and will be 215,000 sq. ft. on 22 acres with significant expansion availabilities. Mr. Hirschi advised that Milliken?s is one of the largest textile manufacturers in the world and has just finalized a lease on an existing 100,000 sq. ft. building in the Ft. Pierce Industrial Park.

AGREEMENT:
Consider approval of a development agreement with Marllo and Carol Hirschi.

City Manager Gary Esplin explained that this agreement had already been signed by the Mayor but had never been authorized. The agreement is for a dedication of right-of-way along the Red Hills Parkway in order for improvements to be made.

MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur advised that he recently signed a letter to UDOT requesting that left turn lights be installed on St. George Blvd. at 700 East and 200 East. He stated that he would also like UDOT to mill the rest of St. George Blvd. all the way to River Road so that the City will have a completely new street from Bluff Street to River Road.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held May 17, 2006.

MOTION: A motion was made by Council Member Orton to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held May 18, 2006.

MOTION: A motion was made by Council Member Orton to approve the minutes as amended.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the City Council work meeting held May 24, 2006.

MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the special City Council meeting held May 25, 2006.

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

Consider approval of the minutes of the regular City Council meeting held June 1, 2006.


St. George City Council Minutes
June 15, 2006
Page Ten

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

MISCELLANEOUS:
City Attorney Shawn Guzman advised that a draft of the oleander ordinance is ready for discussion.

Council Member Bunker expressed dismay that the trees on 400 East in front of the hospital had been removed. City Manager Gary Esplin replied that he would have staff investigate.

City Manager Gary Esplin advised that Doug Wulfenstein will make a presentation in a work meeting about reclaiming the planter areas in the downtown Historic District to make sure that the street trees are maintained.

Council Member Bunker advised that she was contacted by Norm Stromness who helped acquire the armory site, and he wants to know if the City is interested in helping veterans find real estate for a clinic or hospital.

Council Member Bunker suggested that signs identifying St. George be installed at all entries into the City.

Council Member Gardner reported on a meeting with Horrocks Engineering and South Bluff property owners.

Mayor McArthur advised that he had a telephone message from Congressman Matheson who reported that the House appropriation bill included $500,000 for the Bloomington interchange and $1,000,000 for the South Bluff interchange.

Mayor McArthur reported that he recently met with Dixie REA who would like to discuss a 138 loop with the City Council in a work meeting. The loop is proposed to cross over the freeway in two locations.

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
MOTION: A motion was made by Council Member Gardner to adjourn to a Neighborhood Redevelopment Agency meeting.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.






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Gay Cragun, City Recorder