City Council Minutes

Thursday, November 16,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 16, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Larry Gardner
Council Member Bob Whatcott
Council Member Gail Bunker
Council Member Suzanne Allen
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 Scout Neal Gardner, and the invocation was offered by Brent Reenan.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

REPORT ON IBIGAWA TRIP:
Natalie Born, a student at Snow Canyon Middle School, stated the trip was a good experience as she learned about Japanese culture.

Robert Monson advised that the food was good and that his host father stayed at his home when he was eight years old.

Bernie Fawcett, a student at Snow Canyon Middle School, explained that he established a good bond with the kids he stayed with, and he had a great time.

Chad Call, a student at Dixie Middle School, stated that the schools in Japan were smaller than American schools, and the Japanese students have to serve their own lunch and clean the school.

The principal of Dixie Middle School advised that the kids from St. George represented the City well and it was a great experience for them. He stated that the trip was a life-changing experience and one he will never forget and treasure forever. He thanked the Mayor and City Council for the opportunity.

Mayor McArthur explained that Snow Canyon Middle School and Dixie Middle School were chosen because they have exchange programs with Japanese students.

Leisure Services Director Kent Perkins explained that Ibigawa and St. George have been conducting an exchange since 1989. The trips are paid for through marathon entrance fees. In the case of the youth, a contribution is made toward their ticket, and then they have to pay their portion of the trip. The marathon budget pays entirely for the City?s representatives and a good share of the youth ticket.

Brett, a City representative on the trip, commented that the trip was a life-changing experience and life-changing connections with the people were made. He then presented slides of the trip.

Eldon McArthur commented that the youth chosen this year were excellent and mixed well with their Japanese families. He commented that the common language was the language of love. He expressed appreciation for the opportunity.

Mayor McArthur then invited the City Council to mention one thing that they were thankful for at this time of Thanksgiving.



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November 16, 2006
Page Two

TABLE ITEM:
City Manager Gary Esplin advised that Item 2N to consider award of a bid to perform maintenance on Clarifier 2 at the Wastewater Treatment Plant was tabled from the agenda. There was also an addendum to the agenda.

CHANGE ORDER:
Consider approval of a change order for the Little Valley utility connections.

Purchasing Manager Connie Hood explained that this is a cost-share project with the Washington County School District. The City?s portion is $101,512,81. She recommended award of the bid to Cindy Taylor Trucking in the amount of $616,408.26. The School District?s share is $514,895.45.

MOTION: A motion was made by Council Member Bunker to approve the change order 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.

AWARD OF CONTRACT:
Consider approval of a professional services contract for engineering services to reconstruct the Virgin River Phase III Trail.

Purchasing Manager Connie Hood explained that eight proposals were received. Selection was based on price and qualifications. She recommended award of the contract to Brown Consulting in the amount of $21,049.50.

City Manager Gary Esplin commented that the reason it has taken so long to complete this project is that the City has had problems getting rights-of-way and has been negotiating with property owners.

MOTION: A motion was made by Council Member Orton to award the contract to Brown Consulting in the amount of $21,049.50.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF CONTRACT:
Consider approval of a professional services contract with Carter Burgess for engineering for the Mathis Park rebuild.

Purchasing Manager Connie Hood recommended approval of a contract with Carter Burgess in the amount of $37,220 for design services.

City Manager Gary Esplin explained that before this project could move forward, FEMA had to authorize the process to rebuild the park which it has now done.

MOTION: A motion was made by Council Member Whatcott to award the contract to Carter Burgess.
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 the purchase of pavilions for the Middleton Park and Dixie Downs Park.

Purchasing Manager Connie Hood advised that five bids were received. She recommended award of the bid, based on best design and price, to Sonntag Recreation in the amount of $25,585.

MOTION: A motion was made by Council Member Gardner to award the bid to Sonntag Recreation in the amount of $25,585.
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November 16, 2006
Page Three

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

City Manager Gary Esplin explained that this project is a result of the CAT program and CDBG funds can be used because these areas qualify for the funding. This is the first portion of a plan to renovate the parks.

APPROVAL OF CONTRACT:
Consider approval of a UDOT cooperative agreement for design of the Valley View bridge.

Purchasing Manager Connie Hood explained that the City?s portion of the project is $210,146.67.

City Manager Gary Esplin explained that at the time of the flood, this bridge was high enough on the federal funding list for replacement. Due to a new federal law, Utah lost a significant portion of funding for bridges, and this bridge was taken off of the list. The City now has a temporary bridge in place with no funding to restore it. The City does, however, have funds for planning. Staff?s recommendation is to go ahead with design of the bridge in case someone else?s project does not go through and the City could then step up and use those funds to do the project.

MOTION: A motion was made by Council Member Allen to approve the contract.
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 CONTRACT:
Consider approval of a professional services agreement with Sunrise Engineering to design the Snow Park frontage road, traffic signal and detention basin.

Purchasing Manager Connie Hood recommended approval of the contract in the amount of $90,400.

City Manager Gary Esplin explained that this road will begin by the Fiesta Fun Center and go along the freeway non-access fence and connect with 400 East. It has been on the master road plan for quite a while. The City has been waiting for developers to develop adjacent vacant property in order to share costs of the project. Staff recommends that the design of the road be done in order to figure out how to fund the project. This road will take a significant amount of traffic off 700 South and provide an alternate route through this area. A decision will have to be made whether to pay for it entirely, or wait for adjacent property owners to develop their property.

Council Member Orton inquired if all necessary rights-of-way had been obtained.

City Manager Gary Esplin replied that the City is still working on rights-of-way past the care center area.

Council Member Whatcott inquired if the road past Dixie Middle School could be designed as part of this project.

City Manager Gary Esplin replied that the overall long term plan might change since the seminary is being moved. While connection of the road past Dixie Middle School may now be possible, it is not part of this design contract.

Council Member Gardner commented that it made sense to secure all the rights-of-way before spending any money.

City Manager Gary Esplin replied that OK Kids indicated it would work with the City, and the City can always condemn the needed right-of-way if it has to.

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November 16, 2006
Page Four

MOTION: A motion was made by Council Member Gardner 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.

APPROVAL OF CONTRACT:
Consider approval of a professional services agreement with McNeil Engineering to design the Commerce Drive (4150 South) road improvement project.

Purchasing Manager Connie Hood recommended approval of a contract with McNeil Engineering in the amount of $21,500.

Council Member Orton inquired if the cost of this road was being shared with the developers of the Ft. Pierce Industrial Park.

City Manager Gary Esplin replied that this road is in front of the armory and Western Rock. The City is also trying to pull in SunRoc and one other property owner to work together to cut down dust. All property owners are paying their fair share, and the armory has indicated that they are willing to cooperate.

Mayor McArthur commented that during his meeting with the Governor, the Governor said he would try and get funding for the project.

City Manager Gary Esplin commented that staff would like to get the engineering for the project done and move forward with design.

Council Member Allen inquired if the road would be totally finished and landscaped.

City Manager Gary Esplin replied the road would be black-topped, but he did not know about landscaping.

MOTION: A motion was made by Council Member Orton 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.

AWARD OF BID:
Consider award of bid for two ? ton pickups for the Water Services Department.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Ken Garff Ford, under the state contract in the amount of $27,221. St. George Ford was given the opportunity to match the low bid, but declined.

MOTION: A motion was made by Council Member Whatcott to award the bid to the low bidder, Ken Garff Ford, in the amount of $27,221.
SECOND: The motion was seconded by Council Member Orton.

Council Member Bunker inquired if all the vehicles needed for the different departments were bid as one package.

Ms. Hood replied they are bid as one package, then separated by department.

City Manager Gary Esplin explained that the state contract is huge and therefore so is the discount so it is difficult for local dealers to match the bid.

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

AWARD OF BID:
Consider award of bid for asphalt, concrete, sand and gravel.



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November 16, 2006
Page Five

Purchasing Manager Connie Hood advised that four bids were received. She recommended award of the bid to the low bidder, Western Rock, in an amount not to exceed $75,000 for the year. The Streets Department will use Western Rock whenever possible, but if they have small jobs and Western Rock is not available, they will use the next lowest bidder.

MOTION: A motion was made by Council Member Gardner to award the bid to Western Rock in an amount not to exceed $75,000 for the year.
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 a 2007 chassis/cab 10 wheel with pusher axle for the Water Services Department.

Purchasing Manager Connie Hood recommended purchase off the State contract with Lake City International in the amount of $98,752.56. They have a repair facility in St. George.

MOTION: A motion was made by Council Member Orton to award the bid to Lake City International in the amount of $98,752.56.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a Tractor 10 wheel chassis/cab for the Wastewater Treatment Plant.

Purchasing Manager Connie Hood recommended purchase through the State contract with Lake City International in the amount of $98,226.16.

City Manager Gary Esplin explained that this chassis/cab and the one awarded just previous to this item are for different departments and because they are used every day, they cannot be shared between the departments.

MOTION: A motion was made by Council Member Gardner to award the bid to Lake City International in the amount of $98,226.16.
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 a 2007 10 wheel chassis/cab to mount a VACCON sewer combo machine for the Wastewater Collections Division.

Purchasing Manager Connie Hood recommended purchase off the State contract with Lake City International in the amount of $87,318.56.

MOTION: A motion was made by Council Member Whatcott to award the bid to Lake City International in the amount of $87,318.56.
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 Whatcott commented that the City Council approved purchase of these items as part of the budget process.

AWARD OF BID:
Consider award of bid for concrete and asphalt cutting for the Streets, Water and Wastewater Divisions.



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November 16, 2006
Page Six

Purchasing Manager Connie Hood advised that bids were received from two vendors. Both bidders have had blanket orders with the City for the past three years. She recommended award of the bid to the low bidder, Trueline, in an amount not to exceed $40,000 for the year. If Trueline is unavailable, Quick Cut will be used.

MOTION: A motion was made by Council Member Orton to award the bid to Trueline in an amount not to exceed $40,000 for the year.

Ms. Hood explained that it is more cost effective to bid out this service than perform it in-house. Last year Quick Cut was the low bidder, but both companies were used.

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 to perform maintenance on Clarifier 2 at the Wastewater Treatment Plant.

This item as tabled.

APPROVE CONTRACT:
Consider approval of an amendment to the existing Operations and Maintenance Agreement with General Electric International, Inc.

Purchasing Manager Connie Hood explained that there is no cost change to the existing contract, just an allocation of hours and billing rate.

MOTION: A motion was made by Council Member Whatcott to approve the amendment to the contract.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
AWARD OF BID:
Consider award of bid for five F-150 pickups for the Police Department.

Purchasing Manager Connie Hood recommended award of the bid to Ken Garff Ford through the State contract in the amount of $130,760.75. St. George Ford was given the chance to match the low bid, but declined.

City Manager Gary Esplin explained that one truck will be used for undercover work, one will be used by the Communications Center, and three will be used by the Bike Division.

Council Member Allen commented that trucks hold their value better than cars.

MOTION: A motion was made by Council Member Gardner to award the bid to Ken Garff Ford in the amount of $130,760.75.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for a full service restaurant liquor license. Sheila Brown, Texas Roadhouse, applicant.

City Manager Gary Esplin explained that the restaurant is located at 2654 E. Red Cliffs Drive and the application meets all City requirements.

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

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November 16, 2006
Page Seven

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for The Trails Phase 1 located on the east side of U-18 at 3600 North. Stacy Young, Quality Development, applicant.

Project Engineer Kathy Hasfurther explained that the project will consist of an overpass off U-18, but no roundabouts. A park will be built in the initial phase of the project. Staff?s concern is with UDOT and the time it takes them to build the overpass and interchanges as the physical right-of-way is not determined until they are built. The developer is working with the City?s Parks Department to build the park to City requirements. All of the project will have to be served by a sewer lift station.

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

MOTION: A motion was made by Council Member Bunker 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.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 and OS to PD Residential on property located west of Pioneer Road adjacent to the Calvary Church. Steve Wilson, applicant.

Community Development Director Bob Nicholson explained that this item was tabled from the November 2 City Council meeting. Colored renderings have been supplied to the Mayor and Council. The applicant has met with owner of property in the river flood plain about access and feels the issue has been resolved. The plan is to accommodate his access needs with a gate and key. Another item raised at the last meeting was housing affordability, and the applicant has set aside nine lots and will charge $180,000 for these homes and lots. The project is 52.6 acres and is currently zoned R-1-10 with a density of 168 homes. The applicant proposes 193 homes. In addition, the applicant will provide a sewer easement along the edge of the project to allow for gravity flow and removal of a sewer pump station. The applicant will provide a neighborhood park. A City trail will be built over the sewer easement. The developer has committed to building the park and trail. Mr. Nicholson explained that access to the lots in the river flood plain would be accessed perpendicular to the trail along the main sewer trunk line on the road to access the manholes. The proposed trail is part of the City?s trail system. He explained that current legislation limited a city?s ability to condemn for a trail easement.

Council Member Whatcott commented that this trail is over a sewer line which the City can condemn for. He commented that the sewer line and trail would go in no matter what happened with this property, and nothing extra from the developer is being given that has not already been planned by the City to be there.

Mr. Nicholson replied that the developer has offered to build a neighborhood park.

Council Member Orton inquired of Mr. Nicholson if he felt nine lots for affordable housing was enough given the fact that the developer is asking for a PD.

Mr. Nicholson replied that the proposal has lots ranging from 5,000 sq. ft. to 15,000 sq. ft., and the applicant?s theory for affordable housing is based on the market approach. Smaller lots with smaller homes will be less costly. He advised that the applicant told him that if the City develops some type of program to limit equity by creating longer term restrictions to maintain affordability, he will be glad to work with the City or the Housing Authority. However, right now he is relying on the market approach.



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November 16, 2006
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Council Member Orton commented that the City Council has told staff that the market approach will no longer suffice. He suggested 20% of the lots should be for affordable housing with the developer getting $40,000 per affordable housing lot which the City can turn over to the Housing Authority. The lots can be randomly selected and this can be a win-win for everyone. He stated he felt bad that the City Council had not had an opportunity to approve an affordable housing plan after talking about it for nine months.

Mr. Nicholson replied that the County has a workforce housing committee which is conducting an analysis and will have recommendations before the end of the year.

Council Member Orton commented that if the City Council did not start now, it would be giving additional density and gaining nothing. He expressed disappointment that this item was back on the City Council agenda without an opportunity to meet with staff, and he felt nine lots for affordable housing was not enough.

Council Member Allen advised that she was a member of the County?s workforce housing committee, and it would not even be meeting again until January or February.

Council Member Whatcott commented that the City Council and staff have been talking about this issue since January and still have not been able to move anywhere. He stated he agreed with Council Member Orton that for this item to come before the City Council and ask for more density without giving anything back to workforce housing is, in his opinion, a slap in the face. He stated he hoped the applicant would be bringing more to the table than he did last time.

Steve Wilson, applicant, stated he was stunned and felt he was giving up something.
He is providing two to three acres of ground at market value on the river for an easement, and he is going to pay for the trail and park. He stated he can go back to an R-1-10 zoning designation without providing any affordable housing or park and charge the City for the ground.

Mayor McArthur inquired of the applicant is he could designate more than nine lots for affordable housing.

Mr. Wilson replied that other places will take a fee in lieu of. This is an option, but he did not know if it worked.

Council Member Orton suggested that the lots be administered through a non-profit company like the Housing Authority who will put restrictions on them, with the goal being to blend into the neighborhood so no one knows which homes are subsidized.

Mr. Wilson stated he was anxious to move forward, and the City is anxious for its sewer easement. He stated he has a beautiful R-1-10 design, but he thought this PD plan was a fair trade.

Council Member Allen advised that a fee in lieu does not work.

Council Member Gardner inquired how long it would be before the City could come up with some kind of affordable housing recommendation.

Mr. Wilson commented that he could not develop the lots and pay for the ground at $40,000 per lot.

Council Member Orton replied that $40,000 per lot would make him whole, and it is better than the City saying it wants 20% of the lots at no charge.

Council Member Allen commented that the Housing Authority would be willing to administer the program.



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November 16, 2006
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Mr. Wilson commented that he could not wait two to three more months. He stated he would be willing to commit to some affordable housing administered by the Housing Authority, but if he has to wait that long he will just bring the project back as an R-1-10 project.

City Manager Gary Esplin commented that staff needs direction from the City Council whether it wants to do its own affordable housing program without the rest of the county. If so, staff could probably put something together but not immediately.

Council Member Gardner inquired if the City could move forward with a development agreement if the applicant was willing.

City Manager Gary Esplin replied that if the applicant comes in with an R-1-10 project that meets City standards, the City cannot deny the request. To be fair to the developer and the community, the City needs time to put something together. This could be done for the work meeting on November 30.

Mr. Wilson advised that the density was set without anticipation of any of this, and if he had known what the City wanted or required, he would have come in with higher density so that it would be easier to provide more affordable housing units. He stated that affordable housing units do no blend in with higher end homes. He stated he was anxious to work with the City but he would either have to go back to the drawing board and ask for more density, or go back to an R-1-10 project.

Council Member Allen reported that at the last County workforce housing meeting, it was stated that there would not be a county-wide ordinance requiring all communities to participate. Each community has the option to do its own thing.

Rick Rosenberg explained that design guidelines for small subdivisions and multi-family projects were presented by Jeff Winston at the County workforce housing meeting. However, it is up to every community to adopt its own ordinance, and the County has no authority to require this.

Council Member Orton commented that it would not make sense to have a 5,000 sq. ft. lot subdivision up against all the half-acre lots in the area. The City would like a subdivision equally as nice as an R-1-10 subdivision.

Mr. Wilson explained that with regard to access, he met with Mr. Fawcett and Mr. Morby two weeks ago to go over the design of the project and show them the accesses. There are 36 lots in the Tarleton Blair survey and all of them are in the river plain. Mr. Fawcett asked for a gate, and Mr. Morby?s property is north of the project.

City Attorney Shawn Guzman explained that he spoke with Mr. Fawcett and explained to him that all he is entitled to is what he now has. The developer will allow access, but he does not have to build a ramp to get to Mr. Fawcett?s property. If Mr. Fawcett wants vehicular access to his property, he is responsible for that.

Council Member Whatcott inquired what would happen ten years from now when one of the lots has been rip rapped or elevated out of the flood plain and the owner wants to develop it. He inquired if this meant that the owner would have to drive over the sewer easement and trail to access his or her property.

Mr. Guzman replied that access across the trail would be required. The owners could not drive down the trail, but access could be required to cross it.

Council Member Whatcott inquired of Mr. Wilson if the park would be developed or a left as a primitive park.

Mr. Wilson replied that the park would be fully developed with a pavilion, swings, and a picnic area.

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November 16, 2006
Page Ten

City Attorney Shawn Guzman clarified that the minimum acreage required for a neighborhood park is four acres.

Mr. Wilson replied that the park exceeds four acres.

Leisure Services Director Kent Perkins advised he thought the park area was less than four acres.

Mayor McArthur advised Mr. Wilson that the park requirement would have to be met before he could proceed.

Council Member Whatcott inquired of Mr. Wilson how many lots were over 10,000 sq. ft., and how many were 8,000 sq. ft.

Mr. Wilson replied he did not know but could get the figures.

City Manager Gary Esplin advised that the City?s timeline would be at least until the first of the year. It would take a month to six weeks to draft something as every city uses a different method. He suggested that any attainable housing be guaranteed to remain such for ten years.

Council Member Allen commented that an affordable housing project in Springdale has a fifteen year minimum and has been done through a development agreement. They are working with Color Country Housing.

Community Development Director Bob Nicholson explained that staff has not been sitting idle. It has been working with the County on its affordable housing plan, did a lot size averaging ordinance, a TND ordinance, and is streamlining the review process.

City Manager Gary Esplin commented that there is a difference of opinion on the sewer easement. There are also concurrency issues as the sewer service in that area may not be adequate to serve the entire project through the Sun River line.

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

MOTION: A motion was made by Council Member Gardner to table the item and work with Mr. Wilson to see if the City can come back with something that makes sense by the first week in January.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for the Southgate Townhomes located at 2025 South Circle, east of Mirage Estates and adjacent to the I-15 right-of-way. Rob Reid, agent.

Community Development Director Bob Nicholson explained that this item was tabled from the October 5 City Council meeting in order to make a site visit. The City Council had concerns about the building heights and traffic. 65 townhome units are proposed in an R-3 zone. This property was changed from commercial to R-3 in 1994. The proposed townhomes are a permitted use, along with apartments and multi-family housing.

Rick Rosenberg explained that a 3D model will be presented based on actual photography of the site and view shed.

Mayor McArthur advised that his concerns were addressed as far as the power line.



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November 16, 2006
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Mr. Rosenberg explained that from the freeway view, the homes will be cut into the hillside and the hill will not be disturbed.

Council Member Bunker inquired about landscaping on the freeway side of the project.

An unidentified man explained that the landscaping will be the same on the back side of the project as on the front side.

Council Member Bunker inquired about access from 2025 South Circle, and expressed concern that there would be a lot of parking on the street.

An unidentified man replied that the issue of fencing had not yet been addressed. Berms will be put in for now.

City Attorney Shawn Guzman advised that it looked like the freeway signs were partially blocked. He advised the applicants that the City will not allow the signs to be raised.

Mayor McArthur opened the public hearing.

Cliff Spendlove commented that the project is a good use of the land, but his concern is with traffic and the high density. He suggested that building a road from the Ford dealership to 2025 South Circle would relieve a lot of traffic on Bluff and Hilton.

Tyler Hoskins, Hoskins Engineering, advised that he has been working with Rosenberg to study the site and has taken real traffic counts backed by national standards. Based on trip generation, 381 trips a day will be generated. In peak hours 34 trips will be generated out of the project. The peak hour is 5:00 - 6:00 p.m. There are about 1600 cars a day that travel 2025 South. The proposed project will increase traffic by 20%. He explained that he also worked with the City?s Traffic Engineer, Aron Baker, to analyze the intersection of 2025 South and Balboa, and it operates at an ?A? level of service, a premium condition. They also looked at the intersection on the hill where there is very little traffic. 2025 South is a major collector for the City?s master transportation plan which means per City standards there can be between 2000-6000 cars a day on that roadway. The projected 2000 cars a day is at the bottom level of that scale. It may be best to restripe the road to provide two through-lanes and a 12' center turn lane, with 8' of parking on both sides of the road which can be accommodated by the current pavement width. This road will eventually be widened to 66'.

Don Cluff advised that he has two homes in the area because he loves the area and the views. He stated that the proposed project will impact his views and property values. He inquired who would maintain the buildings in the future. He stated there was little place for the children to play in the development, and that it was important to address parks and playground areas in the development. He stated he did not feel this location was appropriate for a family development as it was located adjacent to power lines and billboards.

Community Development Director Bob Nicholson explained that the units will be owner-occupied, and the developer is entitled to develop a multiple family housing project, even apartments. Allowed density is 13 units per acre, and this project is well under that at 9 units per acre. The property is zoned for multiple family use. The applicants have indicated they will landscape along the freeway.

Council Member Orton inquired if the project met the City?s height ordinance.

Mr. Nicholson replied that it did. 2.5 story homes are permitted.

City Manager Gary Esplin clarified that at the last City Council meeting when this was discussed, the City Attorney gave his legal opinion on vesting of this property. Vesting means that applicant has vested rights with regard to developing his property, and the

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Page Twelve

City cannot change the zone to something less dense. The property is already zoned R-3.

Jim Otis commented that he has lived in the area 13 years and traffic is a nightmare and will become a safety issue. He suggested delaying the project until infrastructure was in place.

City Manager Gary Esplin advised that in conjunction with the State, the City plans to move the ramp on the north side of the bridge on the freeway to allow for more stacking distance. A new access to the I-15 will be built, and the City is working with the state and federal government to solve this problem and major changes will be made next year.

Mr. Hoskins commented that he was mistaken, and 2025 South is a 60' road, not a 66' road, which allows between 1250 and 2000 cars a day. It is still a collector road and there is enough capacity to handle 2000 cars a day. The proposed restriping will not work unless parking is eliminated on one side of the road.

Colleen Caputo expressed concern about families living in the proposed environment which consists of buildings and asphalt. The only green spaces identified as play areas are small and located by the substation and on the south end of the project by the road. There is only one parking stall for every apartment and 12 extras. Most families have two cars which means cars will park on 2025 South.

Karen Heath inquired how far up the hill the subdivision would extend.

Mr. Hoskins replied that it would not go up the hill at all.

Ms. Heath inquired if there would be blasting.

Mr. Hoskins replied that he did not know.

Ms. Heath commented she would like to see no parking on the road.

Steve Foisy inquired if the 2000 cars per day took into account the growth above Southgate and new development.

Mayor McArthur replied that it did not.

Dawn Sandberg inquired if the sidewalks would be left in place.

Mayor McArthur advised that the City is trying to work with the Mirage Homeowners with regard to the sidewalk to make sure it is filled in and taken care of. A sidewalk will be required in front of the proposed project.

Ms. Sandberg commented that huge motor homes park on the street across from her home, and with cars all along the other side of the street, this would make it that much more narrow.

Karen Spendlove expressed concern about large units being built in front of normal-sized homes, children playing near cars, and cars parking on the street.

Ed Arbuckle inquired if the height of the structures would be measured from the street level.

Mayor McArthur replied that because of the sloping street it would be averaged.

Mr. Arbuckle commented that it was his understanding the foundation had to be one foot above the street level.


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November 16, 2006
Page Thirteen

June Bertram expressed concern about traffic problems and commented that it was difficult to see cars coming because of the curves.

Kathleen Benson commented that if this project were built in addition to others up above, a stop light will be needed.

Rick Rosenberg explained that the units will be owner-occupied, and a homeowners association will be formed to maintain all the common area and building exteriors so that all the landscaping will be maintained consistently and there is architectural control. The developer is willing to put in playground equipment, but this decision may be made by the homeowners association due to liability. There are no playground plans as of yet. The playground areas meet City requirements.

Community Development Director Bob Nicholson advised that the playground requirement is 200 sq. ft. per unit, and the applicant has 13,000 sq. ft. of playground space.

Rick Rosenberg advised that there is also nearly two acres of permanent open space in a do not disturb area.

Council Member Bunker advised that during the site visit, the applicant said the lower Power lines were going to be buried and only the higher lines would remain.

Mr. Rosenberg replied that all of the service lines that service the site will be buried. Two parking spaces per unit have been provided with 11 extra guest parking spaces on site. New sidewalk will be installed. The units on the south end near the south driveway are below road grade, and the buildings on the north are 3' above road grade. Units in the back will be lower than the street.

Dawn Sandberg suggested the park space be measured.

Mayor McArthur replied that the park space met the City?s ordinance.

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

Council Member Bunker commented that the questions she previously had were answered to her satisfaction. The project is a high quality project and there has been a lot of interest by people who live in the east and want to purchase the units as a second home. All of these things make her feel better about the project.

Mayor McArthur commented that the roof lines are in line with those of Mirage Estates within a few feet.

Council Member Gardner commented that the proposed project is a great improvement over what could be located on the site, and as far as neighborhood concerns, it could be a much worse scenario. The applicant has been sensitive to the input and individual ownership is better than a rental situation. He stated he hoped the landscaping from the freeway side would be given great consideration, and any approval will require this landscaping.

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

Mayor McArthur called for a five minute break.

Upon conclusion of the five minute break, the meeting resumed. Council Member Bunker had not yet returned to the stand.


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November 16, 2006
Page Fourteen

RESOLUTION:
Consider approval of a resolution for bond proceeds reimbursement.

City Manager Gary Esplin explained that approval of this resolution will allow the City to be reimbursed from future bond proceed issues for various power projects the City will participate in next year.

Mayor McArthur advised that the amount is not to exceed $20 million.

Council Member Bunker returned to the stand.

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

The motion carried.

RESOLUTION:
Consider approval of a resolution accepting a deed of dedication for hillside property at 700 South on Bluff Street.

City Manager Gary Esplin explained that the property owners are willing to deed hillside property to the City in order to preserve it. This hillside property has not been disturbed.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution accepting a deed of dedication for road easements located at 3400 East and 2000 South Streets.

City Manager Gary Esplin explained that the property owner is building a home but the road in not entirely improved at this point. The property owners are dedication their portion of the roadway.

MOTION: A motion was made by Council Member Orton to approve the resolution.
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 Allen - aye

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November 16, 2006
Page Fifteen

Council Member Bunker - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution approving an interlocal agreement with the St. George Redevelopment Agency.

City Manager Gary Esplin explained that the City Council previously authorized entering into and creating a community development area in the Ft. Pierce Industrial Park area. It now needs to adopt a formal interlocal agreement between the City and RDA. He recommended approval. The terms are for 15 years the CDA will receive 100% of the tax generated in that area, but any tax increases will go to the entities involved. The City Attorney will prepare the document and it will be brought back to the City Council when it has been approved by the other entities involved.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning the Haskell Annexation.

City Manager Gary Esplin explained that this annexation was approved on April 6, 2006, with the stipulation that the applicant had to dedicate necessary rights-of-way to allow the City, if it so chooses, to use that right-of-way to connect Plantations Drive, even if it is still in the County. The applicant, Mr. Burgess, is not willing to agree to the stipulation so staff recommends that we rescind the annexation. The applicant can start over if he so chooses to do so.

Council Member Gardner inquired if the applicant was aware of this action.

Mr. Esplin replied that City staff has been negotiating with him since April, and he is aware of the City?s action. He explained that in any annexation the City can make demands or attach conditions to the annexation. Mr. Burgess?s attorney has made a request for additional compensation from the City. The City is not willing to meet this condition.

MOTION: A motion was made by Council Member Orton to approve the resolution.
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 Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.


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November 16, 2006
Page Sixteen

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 14, 2006, recommended that public hearings be scheduled for December 7, 2006 at 5:00 p.m. to consider (1) a zone change from R-1-10 to PD on 2.24 acres for Wailea Falls Phase 4 located next to Wailea Falls Phase 2 in the Stonebridge development; (2) a zone change from R-1-10 to C-3 on 3.11 acres located on the west side of Bluff Street at 500 North Street; (3) a proposed amendment to the St. George City Code to allow setbacks established by distance to use; and 94) a proposed amendment to the St. George City Code to allow detached private garages and accessory buildings in the side yard if within the setbacks established by the zone.

City Manager Gary Esplin suggested that the request for a zone change for Wailea Falls Phase 4 be tabled because an increase in density is being requested and the City is not yet ready to address this issue with regard to affordable housing.

MOTION: A motion was made by Council Member Orton to set the public hearings as recommended by the Planning Commission, except for the request for Wailea Falls Phase 4, which was not set at this time.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 14, 2006, recommended approval of the following final plats: Stone Valley Estates, Sun River Phase 20, Sun River Phase 28, and the Joshuas at Southgate Phase 2 Amended.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct an intermediate school in an RE-12.5 zone located on Horseman Park Drive adjacent to the City?s softball complex. Washington County School District, applicant.

City Planner Ray Snyder advised that the Planning Commission recommends approval.

City Manager Gary Esplin explained that there has been a cooperative effort with the School District in development of this school, as the property the school sits on is owned by the City. The City and School District are jointly developing the softball complex and share use of the fields.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct an elementary school in an R-1-10 zone located at approximately 700 East on Riverside Drive. Washington County School District, applicant.

City Planner Ray Snyder advised that the Planning Commission recommends approval.

City Manager Gary Esplin explained that access still needs to be worked through. It is the City?s responsibility to make certain there is access. The City is also trying to resolve the issue of the erosion boundary line as it also has the responsibility to make sure the site can be built on. The timeline is critical because the state wants to be in

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November 16, 2006
Page Seventeen

a position to take control of the old West Elementary school one year from January. The City has the power of condemnation if need be, and it has a consultant on board to make sure erosion protection is obtained.

Council Member Gardner commented that when this piece of property was acquired from the Foremaster family, it was with the idea that it would remain open space. He inquired how much field space was included in the plan and where it was located. He inquired if the School District was going to redefine the boundaries between east and west.

Phil Williams, representing the School District, replied that he was not involved in boundary line decisions.

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

Phil Williams advised that the School District expects to award the contract on January 16.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a church on the north side of Valley View Drive and south of Indian Hills Drive in an RE-37.5 zone. New Promise Lutheran Church, applicant.

City Planner Ray Snyder explained that the 9,200 sq. ft. building would contain a sanctuary, multi-purpose room, classrooms and corridor. The site is 2.25 acres. The Planning Commission recommends approval subject to traffic engineering approval.

Ward Dawson, architect, advised that he will begin the project right away.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height up to 19' located at 2542 East 2300 South in the Crimson Cliffs Subdivision. Mr. Hammond, applicant.

City Planner Ray Snyder advised that this request is in harmony with those previously approved. The garage was originally designed to have a second story, but it will be redesigned.

Council Member Gardner inquired if the view corridors would be protected. He was advised that they would be.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an in-home pre-school for up to 12 children in a residence located at 1461 West Geronimo Street. Lisa Mace, applicant.



St. George City Council Minutes
November 16, 2006
Page Eighteen

City Planner Ray Snyder explained that this item was carried over from a previous City Council meeting in order to make a site visit. Code Enforcement advises that all issues have been cleared, and the Fire Department indicates their approval. A request was made for a copy of a traffic study and staff?s response was that a traffic study is not required for a residential preschool.

Mayor McArthur advised that no public comment would be taken, as enough time was spent on it at the previous City Council meeting. Inspection reports have been received indicating that corrections were completed. He advised that he received two letters from the attorney representing the neighborhood with recommended conditions, a letter in favor of it, and a petition in favor of it.

Council Member Whatcott inquired if the Fire Department had approved the preschool for 10 children rather than 12.

Fire Chief Robert Stoker advised that the applicant has requested 12 children, but there is a problem with square footage because of a room divider. If the divider is removed, there is room for 13. He stated that right now it is limited to 10 children until the room divider is removed. When it is removed, he will perform a reinspection and increase the number allowed to 12.

Council Member Bunker inquired if the new fence excluded the trampoline so that the children could not access it.

Mr. Snyder advised that it had not been excluded from the play area.

City Attorney Shawn Guzman advised that if the ordinance allows for a conditional use in an area and the City has specified the stipulations, and those stipulations are met, the City has to approve the conditional use. The City can also use past precedence in making a determination, and it has approved numerous in-home preschools in the past while routinely placing conditions, such as number of children, hours of operation, but without a lot of detail. A copy of letter has been received from the neighborhood?s attorney requesting certain conditions be applied, but the City has never done anything that far-reaching or technical, and it would be out of line to do so now.

Council Member Bunker commented that this was a difficult decision and it has been sad to see the schism in the neighborhood and lack of neighborly love as it will take a long time to heal when words have been said which shouldn?t have been said. The City Council does not have a lot of leeway as all of the concerns have been met. She stated there originally was a concern about traffic because there are no sidewalks or curb and gutter, but she has visited the site several times and does not think it will be a big problem. The applicant can have eight children in the preschool without City Council approval.

MOTION: A motion was made by Council Member Bunker to approve the request for ten children until March, 2007 during which time if the applicant complies with the requirements to have 12 children, she may do so, and if there are no other ramifications or difficulties in the neighborhood.

City Attorney Shawn Guzman advised that the best way to approach the motion would be to approve it for 12 children subject to approval of the Fire Department.

AMENDED MOTION: Council Member Bunker agreed to amend the motion as recommended by the City Attorney.
SECOND: The motion was seconded by Council Member Allen.

Council Member Orton advised that if there are problems, the issue can come back to the City Council.

Council Member Allen commented that they would have to be reasonable complaints.

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November 16, 2006
Page Nineteen

Council Member Gardner commented that he would like to have Mrs. Mace as a neighbor any day and all the children she could bring. He stated he was sorry the issue has caused so much animosity in the neighborhood and he was sure Mrs. Mace would do all she could to be considerate of the neighbors? concerns and keep the impact to a minimum, and that her intention is to be a good neighbor.

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

AIRPORT GROUND LEASE:
Consider approval of an airport ground lease with JLH Ventures.

City Manager Gary Esplin explained that this lease was approved at the last City Council meeting but under a different name and at a different rate. The rate is 15? per sq. ft. rather than 1? per sq. ft.

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

RESOLUTION:
Consider approval of a resolution authorizing the issuance and sale of not more than $6,250,000 aggregate principal amount of general obligation refunding bonds, series 2006, of the City of St. George, Utah; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters

City Manager Gary Esplin explained that approval of this resolution will authorize issuance and sale of not more than $6,250,000 in refunding bonds. The City has the opportunity now in the market because of the interest rates to refinance this second series of bonds issued for parks and recreation purposes. The cost savings will be 3% - 4%. Between the issuance costs and the profit, it makes sense and is of financial benefit to the City to refund the bonds.


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.

City Manager Gary Esplin was excused from the meeting.

PRESENTATION FROM ROTARY BOWL COMMITTEE:
Gary Benson requested that the City participate in the 2006 Rotary Bowl by being a sponsor. He expressed appreciation for past support.

Ray Robinson explained that the Rotary Bowl provides recognition for St. George and has an impact on the City.


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November 16, 2006
Page Twenty

Ron Haun, Dixie College?s new football coach, stated that it has been a hard transition from a junior college to a four year school, and that the Dixie Spirit centers around community involvement with the college.

Council Member Orton expressed frustration that the College?s field has been closed to the public since the City contributed so much to it. He stated that it is difficult to keep a relationship when it is one-sided like it has been for a year and a half.

Council Member Gardner advised that the field is now open to the public from 6:00 a.m. to 10:00 a.m.

Coach Haun replied that he would like to leave the field open all the time but it is a million dollar field and it has been damaged by careless users. He stated he would like to work with the City to resolve the issue.

Council Member Orton commented that the College has not opened the restrooms, which only makes sense if they are going to open the facility.

Mayor McArthur advised that the City offered to take care of the restrooms, but they still are not open to the public.

Mr. Benson advised that all corporate sponsors renewed this year.

Randy Wilstead, Associate Athletic Director at the College, clarified Division rules.

Council Member Orton commented that the money donated by the City to the Rotary Bowl was quite a chunk of the money distributed and he wondered what the City?s position should be.

Council Member Whatcott advised that for the City to donate to an non-profit entity, it has to prove economic benefit. He stated that going to Division 2 would probably bring in more families as opposed to being a junior college.

Mr. Wilstead advised that the Rotary Bowl would bring 2000 people to St. George this year.

Council Member Whatcott commented that there are now many events competing for the City?s contribution.

Mr. Wilstead stated that the Rotary Bowl was economically viable for the City.

MOTION: A motion was made by Council Member Whatcott to donate to the Rotary Bowl this year, with an evaluation made next year.
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 Orton was excused from the meeting.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 19, 2006.

MOTION: A motion was made by Council Member Bunker 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 November 2, 2006.


St. George City Council Minutes
November 16, 2006
Page Twenty One

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.

PUBLIC COMMENTS:
Mayor McArthur inquired if there were any public comments.

Darrell Hafen, Southern Utah Water and Power Authority, commented he thought the new airport should be named after the Mayor.

The meeting then adjourned at 8:50 p.m.




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Gay Cragun, City Recorder