City Council Minutes

Thursday, December 21,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 21, 2006. 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Bob Whatcott

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Gary Esplin, and the invocation was offered by Shawn Guzman.

Mayor McArthur repeated some early St. George history and advised that St. George?s birthday will be celebrated on January 17. He wished everyone a merry Christmas and a prosperous New Year.

He advised that Item 2C to consider an award of bid for the purchase of a new 750 KW diesel generator for the Wastewater Treatment Plant was tabled from the agenda.

AWARD OF BID:
Consider award of bid for SCADA system workstation equipment and software upgrades.

Purchasing Manager Connie Hood explained that Lectrol is the only source to match existing equipment. She recommended approval of an amount up to $100,000 for the additional software upgrades.

Council Member Bunker inquired why travel expenses were included.

Ms. Hood replied that Lectrol employees have to travel to St. George to provide training.

MOTION: A motion was made by Council Member Gardner to award the bid to Lectrol in an amount not to exceed $100,000.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye.

AWARD OF BID:
Consider award of bid for two ? ton pick-ups for the Energy Services Department.

Purchasing Manager Connie Hood recommended purchase of the vehicles through the state contract with Ken Garff in the amount of $27,221 for both.

MOTION: A motion was made by Council Member Orton to award the bid to Ken Garff in the amount of $27,221.
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 the purchase of a new 750 KW diesel generator for the Wastewater Treatment Plant.

This item was tabled.

St. George City Council Minutes
December 21, 2006
Page Two

AWARD OF BID:
Consider award of bid for the demo and remodel of Southgate and St. George Golf Club restrooms.

Purchasing Manager Connie Hood explained that only one bid was received from Enterprise Construction, a local vendor, in the amount of $38,694.70. She explained that the bid was within what was anticipated, but the vendor said the amount could go up to $40,000.

City Manager Gary Esplin commented that it is difficult to get a firm estimate on demolition and remodeling.

Development Services Manager Matt Loo explained that $25,000 has been budgeted for each restroom so the bid falls within the budget.

MOTION: A motion was made by Council Member Gardner to award the bid to Enterprise Construction.
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 new 2008 dump truck for the Streets Department.

Purchasing Manager Connie Hood recommended award of the bid through the state contract with Lake City International, a local vendor, in the amount of $96,218.56.

MOTION: A motion was made by Council Member Bunker to award the bid to Lake City International in the amount of $96,218.56.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADD TO AGREEMENT:
Consider approval to add $150,000 to the O&M agreement with General Electric for replacement parts and additional work.

Purchasing Manager Connie Hood explained that staff would like to add $150,000 to the O&M agreement with General Electric for replacement parts.

Energy Services Director Phil Solomon explained that in March the City Council approved a five year operation and maintenance contract with G.E. for $400,000 a year. This includes labor but no replacement parts. No spare parts were ordered because staff did not know until after the first season which parts would be needed. The requested amount of $150,000 will not be repetitive each year. Parts will be replaced as needed, but will not stocked due to their cost. One fuel nozzle is $50,000.

City Manager Gary Esplin advised that this facility has saved the City substantially over the last year by not having to go out on the market to purchase power, but it is costing a lot to get the plant up and running.

MOTION: A motion was made by Council Member Orton to approve adding $150,000 to the O&M agreement with G.E.
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 the third tier of the parking lot at the St. George Golf Club.

St. George City Council Minutes
December 21, 2006
Page Three

Purchasing Manager Connie Hood advised that six bids were received. She recommended award of the bid to the low bidder, Precision Excavating, in the amount of $52,800.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Precision Excavating, in the amount of $52,800.
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 demolition and grading of City property located between 1740 North and 1800 North Dixie Downs Road.

Purchasing Manager Connie Hood advised that ten bids were received. She recommended award of the bid to the low bidder, Precision Excavating, in the amount of $33,750.

City Manager Gary Esplin advised that the bid will be reduced because it included full dump charges. A change order will be done after obtaining special dump fees from the Solid Waste District.

MOTION: A motion was made by Council Member Orton to award the bid to Precision Excavating.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution accepting the annexation petition for the Burgess 100 Acre Annexation.

City Manager Gary Esplin explained that Mr. Burgess is once again petitioning the City for annexation. He recommended acceptance of the petition which begins the annexation process and waiver of the annexation fee.

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 Allen - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of an on-premise beer license and local consent for a restaurant liquor license for the Q4U restaurant located at 1812 West Sunset #4. Ronald Grant Devey, applicant.

City Manager Gary Esplin advised that the application has been reviewed by staff who recommend approval.

Mr. Devey, applicant, advised that the restaurant is not yet open, but he hoped it would be open around the first of the year. The food is authentic southern BBQ. The original restaurant is in Salt Lake City.

MOTION: A motion was made by Council Member Orton to approve the beer license and local consent.

St. George City Council Minutes
December 21, 2006
Page Four

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:
Consider approval of an on-premise beer license and local consent for a restaurant liquor license for The Steak and Seafood Company restaurant located at 435 North 1680 East. John I. Clayton, applicant.

City Manager Gary Esplin explained that the application has been reviewed by staff who recommend approval.

John Clayton, applicant, advised that he plans on opening in late January.

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

Mr. Clayton explained that his restaurant is located in the East Ridge Plaza in the space formerly occupied by Curell?s restaurant.

PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held December 12, 2006, scheduled a public hearing before the City Council for January 18, 2007 at 5:00 p.m. to consider a zone change from R-1-10 to PD Commercial on 3.34 acres located on the northwest corner of Dixie Drive and Indian Hills Drive adjacent to the Heritage Village Subdivision. The Planning Commission recommends denial, but the applicant wants to be heard by the City Council.

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held December 12, 2006, recommends approval of the following final plats: Twin Creeks Phase 2 Amended, Bella Tuscana at Mesa Palms, Stonebrook Phase 2, Mulberry Point Townhomes, Joshuas at Southgate Phase 3, Creekside Homes 2nd Amendment, Mission Place Commercial Center, Hidden Valley Estates, Hidden Valley Villas, and Hidden Valley Casitas.

MOTION: A motion was made by Council Member Orton to approve the plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Council Member Bunker.
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 church at 700 South on 3000 East in an A-20 zone.

Planner Ray Snyder explained that the property is located at the outskirts of the City. He displayed a site plan. The Planning Commission recommends approval subject to traffic requirements for access and circulation. The driveway was redesigned to make sure it is an adequate distance from the intersection.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.

Mr. Snyder advised that the applicant will give 15 feet to the City for a trail.

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

St. George City Council Minutes
December 21, 2006
Page Five

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct an office building at 400 North Bluff Street with a height exceeding 35 feet. Ellsworth Paulson Construction, applicant.

Planner Ray Snyder explained that this is the second time the City Council has seen this item. The height of the building has not changed, but the steeple has been lowered.
The Hillside Review Board recommended approval subject to (1) Items 1 through 4 of the geotechnical report, the understanding that rock fall will be mitigated as Section A-A is designed, will be located at the base of slope, building setback if closer than 25 feet will require deep pier construction, install trees on each end of the parking structure, mitigate the cut of road, and the face of the road is not to exceed a 15% slope. 113 parking spaces are required. The Planning Commission had concerns that the building will be out of character with the area. The Planning Commission recommended approval subject to the following conditions: (1) a new site plan will be prepared to relocate the building to the back of the lot, relocation of the parking lot to the east (front), add landscaping to the east and the TIS shall be completed to the satisfaction of the City Traffic Engineer; (2) the building is approved with an average roof midpoint height of 40', a maximum roof peak of 51', and a decorative clock tower steeple with a maximum peak height of 84'; (3) parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review by staff; (4) a site plan review application along with four sets of plans shall be submitted to the Engineering Department for standard plan check review; (5) the applicant shall comply with the Hillside Review Board conditions; and (6) the covered parking spaces against the slope shall be installed and serve as a protection against falling rock.

Council Member Orton inquired if the applicant had fly-bys.

Mr. Snyder replied that the applicant did not as the City was not requiring them one year ago. However, the Planning Commission consistently asks for them now. The last time the applicant was before the Planning Commission was in November, 2005. He advised that the following traffic conditions are also recommended: (1) the two proposed driveways, one on Bluff and the other on 400 North, shall meet the requirements of the City Traffic Engineer and also the proposed Bluff Street driveway shall meet the requirements of the State of Utah; (2) the applicant shall work with both agencies to reduce the potential conflicts of traffic movement between these two closely spaced driveways on Bluff Street; and (3) all signing and striping shall conform to City and MUTCD standards.

Mr. Snyder then reviewed a letter received from UDOT regarding a right-in, right-out on 400 North and Bluff. Mr. Snyder explained that there would have to be a deceleration lane on Bluff that widens the right-of-way in front of the applicant?s property, and there is not a lot of room to plant trees in this area. The applicant will have to work with staff to meet the Street Tree Ordinance and also have a deceleration lane. The footprint of the building is 9,800 sq. ft., with the total square footage of the building at 28,979 sq. ft.

Traffic Engineer Aron Baker explained that the amount of cars generated by the site in the morning is 47 per hour. In the afternoon it is 45 per hour. The 47 cars will be distributed among three locations. A queuing analysis shows room to have five cars stopped at the stop sign on 400 North, and cars coming in would have room to go into the driveway. If there are back-up problems, people in the morning would have two other ways to get in.

Cameron Gunter, applicant, explained that off Donlee a full access is proposed, not right-in right-out.

Council Member Allen inquired of Mr. Gunter if he was still planning on using the 3 Amigos parking lot as a corridor to access the property.

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December 21, 2006
Page Six

Mr. Gunter replied that he was and had a signed agreement with them for an access easement.

Council Member Orton inquired if the Engineering Department had approved this access.

Mr. Gunter replied that they had approved it.

Community Development Director Bob Nicholson inquired of the applicant if street trees had been looked at.

Mr. Gunter replied that this had been considered, and all entry will be at Donlee and the 3 Amigos at the light. He advised that the steeple had been dropped about ten feet.

Council Member Bunker commented that the Planning Commission was concerned because the design of the building did not fit in with the rest of the neighboring buildings. She inquired why this type of design was chosen.

Mr. Gunter replied that this was only mentioned by one or two Planning Commission members, and at the end of the meeting they said they were fine with it as long the colors matched. The tenants like the design. Some of the sandstone colors can be matched with the brick. The architecture is colonial and is timeless.

Council Member Bunker commented that most of the architecture in the immediate area is southwest.

Council Member Gardner commented that he has been anxious to see something go in on this site, but the height is imposing although the building looks better to the back of the lot. He inquired of the applicant if he had considered a two story building.

Mr. Gunter replied that economically a two story building would not work because of the price of the ground.

Council Member Orton inquired of the applicant if he had considered having one story underground and two stories above ground.

Mr. Gunter replied that the building has been moved five feet into the ground. The site is difficult as one end is higher than the other.

Council Member Gardner commented that the City Council must be cautious because the site is imposing, and the applicant is planning an imposing building on the site. While the City wants the applicant to be successful, the building must blend so that it fits.

Mr. Gunter advised that the Planning Commission recommended approval, and they were more comfortable with the building after it had been moved back.

Mayor McArthur inquired about the possibility of lowering the height of the block wall for landscaping.

Mr. Gunter replied that this could not be done because of the slope of the hill. He advised that they are currently moving 10 feet of dirt off the site. He advised that the planting of trees will help offset the height of the wall. There will also be shrubs on top of the wall.

Mayor McArthur suggested that two courses of block be taken off the block wall and the dirt sloped to make it less imposing and more aesthetically pleasing from Bluff Street.

Council Member Orton commented it would be hard for him to grant the height variance without a fly-by, and the Council would be shortsighted if it did not request one.

Mr. Gunter explained that he has spent over $15,000 in traffic studies.

St. George City Council Minutes
December 21, 2006
Page Seven

Council Member Allen commented that while she loved the building, it did not fit there.

Council Member Bunker expressed concern with traffic as she uses 400 North two and three times each day, and traffic does back up on 400 North at 8:00 a.m. and several other times throughout the day, regardless of what the traffic study says. People will go south on Bluff and turn right on 400 North and try to turn into the property, and this will be a headache with 45 cars twice a day.

Mr. Gunter commented that in his opinion they have come up with the best solution. There are existing traffic conditions which he did not think he could fix.

Martin Peterson, a resident of Donlee Drive, expressed concern about firefighting challenges with the property.

Mr. Peterson was assured that the City just purchased a new ladder truck which could reach the building.

Tad Derrick, a resident of Donlee Drive, commented that while the building is out of character for that site, his main concern is traffic safety. He stated he has driven down that hill for 31 years, many times a day, and the traffic builds up almost to the curve waiting to make a turn onto Bluff. Although the speed on Bluff is 35 mph, most people drive 45 mph. This would also conflict with the SunTran bus stop, and also impacts people wanting to turn left off Bluff. There is a legitimate concern on 400 North which has not been adequately addressed. He stated that access to the property on the south end is very narrow and looks like it could only be one lane. In reality, a semi-truck drives into the 3 Amigos parking lot several times a week to deliver product, and when it is there no one can move. Additionally, a deceleration lane would require removal of the sidewalk which is used to access the bus stop.

City Manager Gary Esplin advised that UDOT will not require a decel lane if traffic is restricted to right-in right-out.

Mr. Derrick commented that with regard to a road coming out on the south end, the diamond block wall restricts visibility for traffic coming down Bluff Street and that would be hazardous for people trying to get out on Bluff.

Lu Fisher, a resident of Donlee Drive, expressed concern about traffic safety. She stated that traffic is backed up all day long on 400 North, not just at 8:00 a.m. and 5:00 p.m.

Barbara Holt advised that she purchased the subject property 12 years ago and has tried hard to develop it in a way that is nice for the City and is an asset. They have been working diligently with staff to meet all conditions and comply with all ordinances. A year ago the building plans were shown to the Chamber president, who was thrilled with the look and said the building would be a centerpiece. She stated she did not know what more she could do.

Dave Holt, principal on the project, explained the background of the design and choice, and stated he did not want a steel and glass building. He stated he had done everything possible to develop this tough corner and the traffic situation on Bluff is out of his control. They now have the best scenario for traffic design, and he did not know how it could be made any better or how the property could be developed any other way.

Council Member Orton commented that he realized the property could be developed if within the height ordinance, but before he voted on the variance he wanted to see computer generated fly-by photos.

MOTION: A motion was made by Council Member Orton to table the request.
SECOND: The motion was seconded by Council Member Bunker.



St. George City Council Minutes
December 21, 2006
Page Eight

Council Member Garner commented that if all ordinances had been met, this matter would not be before the City Council for determination. The applicants have made a good attempt to soften the imposing nature of the building by removing 10 feet of dirt and moving the building back against the hill. The design of the tower was also changed. He stated he was pleased at the attempt to solve traffic issues, and agreed with the applicant that the City has to allow them to do something on the site. The challenging traffic situation does not give the City the right to be arbitrary in denying people the use of their property. He suggested the matter be expedited.

Council Member Bunker inquired if staff had long range goals to solve the problem on Bluff Street or access. She commented that while the traffic on Bluff is the City?s problem, this project would exacerbate the problem.

Traffic Engineer Aron Baker commented that this may be an opportunity to get the dip fixed on 400 North.

Council Member Orton commented he did not see how the access through 3 Amigos could possibly work.

Council Member Gardner commented that to impose another traffic study on the applicants would be wrong and they have made a serious attempt to meet what is required by the traffic studies.

Barbara Holt, applicant, commented that the landscaping strip on the north end by 3 Amigos is part of their property and would not be cutting into 3 Amigos property.

City Manager Gary Esplin commented that the critical issue legally is the increase in height. Bluff Street is a state highway. The City can consider how many additional vehicles will be involved in the process, and the applicant?s obligation is to show how those additional vehicles warrant the variance. He stated that he was not sure the City wanted to consider a left turn from Donlee into the project, and maybe the applicants will have to do a better job of explaining how it will work. The real overriding factor to consider is how many extra cars the project will generate.

Council Member Allen commented that the City Council must consider how many vehicles will be added by the additional floor. The Planning Commission in 2005 did not embrace the design as completely fitting in that area, and every single member was concerned that it was out of character for the area. It is fair to say that the Planning Commission was concerned.

City Attorney Shawn Guzman commented that if the applicants removed the tower from the design, the building would meet current criteria.

City Manager Gary Esplin commented in that event, there would not be a traffic issue.

Planner Ray Snyder advised that the building is five feet higher than what is allowed, measuring to the midpoint of the roof. The applicants would have to lower the building by five feet.

Council Member Gardner commented that excavating down five more feet would also solve the problem.

VOTE: Mayor McArthur called for a vote, and all voted aye to consider the matter at the next meeting in January with all additional information requested.

Council Member Orton commented that computer generated fly-bys are requested.

City Manager Gary Esplin clarified that the fly-bys should show cars leaving the area, a 360̊ view around the building, access, etc.


St. George City Council Minutes
December 21, 2006
Page Nine

Mayor McArthur called for a five minute break. Upon conclusion of the break, the meeting resumed.

LOT SPLIT:
Planner Ray Snyder explained the request to split one lot into two at 386 North Bluff Street. The applicants want to create north and south parcels. The Planning Commission recommends approval subject to the following conditions: (1) The existing rear fence shall be modified to be a solid sight obscuring fence. No headlights shall be visible to adjacent residential properties. (2) No expansions to either building may be made due to parking limitations. (3) Street trees shall comply with the City tree ordinance. (4) Provide separate deeds for each created parcel. (5) In addition to the legal descriptions that appear on the record of survey, provide the City with separate legal descriptions for each parcel. (6) A utilities and drainage easement shall be recorded. (7) The City Engineer shall review the cross access agreement and it shall be recorded by the applicant and a copy provided to the City. (8) The applicant shall submit for review all legal documents to the City Attorney?s Office.

MOTION: A motion was made by Council Member Gardner to approve the lot split subject to the recommendations of 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.
LOT SPLIT:
Planner Ray Snyder explained the request to split one lot into two at 265 East 300 South. The property is located in the RCC zone and the lots have to be at least 65' wide. The property previously contained seven units, but they have been removed and the applicant would like to build a single family home and a duplex.

Mayor McArthur commented that this property was the old Killian home and apartments, and the proposed project will be an improvement.

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

SITE PLAN/BUILDING ELEVATION:
Planner Ray Snyder explained that the project is located at the corner of Blackridge Drive and Hilton next to the carpet store and dry cleaning store. The main issues were traffic and access. There will be a right-in right-out only, a deceleration lane, and no access on Hilton. The rendering is of a car dealership, but there is no room for a service bay. The building is 2,800 sq. ft. There is also a deceleration lane.

MOTION: A motion was made by Council Member Bunker to approve the site plan and building elevation.
SECOND: The motion was seconded by Council Member Gardner.
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 Raybold Subdivision located at 340 North on 2650 East. Clay Tolbert, representative.

Community Development Director Bob Nicholson explained there is an existing two duplex project which was built one year ago and is all one parcel. The applicant is requesting to subdivide the parcel to create two parcels. There will be a flag lot in the back and a unit in front. Each lot meets minimum lot size requirements of 8,000 sq. ft. There will not be any new construction, but simply dividing the property to allow the sale of two separate lots. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.
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December 21, 2006
Page Ten

MOTION: A motion was made by Council Member Orton to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Gardner.
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 Legacy Phase 13 located in the easterly portion of the Legacy subdivision adjacent to Legacy Phase 7 and the Southgate Golf Course. Matt Smith, representative.

Community Development Director Bob Nicholson explained that the project parallels the Southgate Golf Course and is an extension of Phase 7 at the Legacy. There is a private street which ends in a culdesac. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing.

Bill Wood requested a temporary speed bump to prevent trucks from speeding down the private street.

Mayor McArthur advised that the City does not have jurisdiction on private streets, and Mr. Wood should contact the homeowners association.

Mr. Wood replied that the speeding trucks were City trucks used in the reseeding of the golf course.

City Manager Gary Esplin advised that he would make sure that the City trucks did not speed.

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

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

REASONABLE ACCOMMODATION:
Decision on a reasonable accommodation for a group home at 99 West 300 South. Scott Cannon, applicant.

This item was tabled.

AIRPORT GROUND LEASE:
Consider approval of an updated airport ground lease with Kerry Johnson.

MOTION: A motion was made by Council Member Gardner 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 an agreement with Horrocks Engineers for design of the Mall Drive bridge.

City Manager Gary Esplin recommended approval of the agreement, explaining that there is $150,000 in the current budget for the remainder of the fiscal year.

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


St. George City Council Minutes
December 21, 2006
Page Eleven

AGREEMENT:
Consider approval of a long term 20 MW power sales agreement with DGT.

City Manager Gary Esplin explained that this agreement will help to replace some power that the City is losing. It allows staff to look at power needs in 2015 and if conditions change, the City can terminate the agreement and get into something else. This is part of the City?s long term power plan.

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

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

RANKING PLAN FOR CDBG PROGRAM:
Consider approval of a ranking and rating plan for the Community Development Block Grant program.

City Manager Gary Esplin commented that this was the official action needed to adopt the ranking system which was discussed in the last work meeting.

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

ACCEPT DONATION:
Consider acceptance of a donation of property to the City.

City Manager Gary Esplin explained the property is located along the Halfway Wash and Sand Hollow Wash next to hole numbers 4 and 5 at Black Rock at Sunbrook. The owner of the property is Stonebridge Development.

MOTION: A motion was made by Council Member Gardner to accept the property donation with thanks to the donor.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ACCEPT DONATION:
Consider acceptance of a donation of property located east of the Marriott to the top of the rim of the Black Ridge.

City Manager Gary Esplin explained that the property is located east of and behind the Marriott to the top of the Black Ridge. The City will protect this area. Some of the property is useable and some is not.

MOTION: A motion was made by Council Member Gardner to accept the property donation with thanks to the donor.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ACCEPT EASEMENT DONATION:
City Attorney Shawn Guzman explained that White Hills LC would like to donate an easement to the City for irrigation pipelines.

MOTION: A motion was made by Council Member Gardner to accept the donation.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
St. George City Council Minutes
December 21, 2006
Page Twelve

AGREEMENT:
Consider approval of a lease agreement with SkyWire Communications for two sites in exchange for wireless service.

City Manager Gary Esplin explained that this had been discussed in a previous work meeting.

Support Services Manager Marc Mortensen explained that all concerns have been worked out. SkyWire will lease two sites from the City - one on the Red Hill and the other on the Devil?s Horn. They propose to erect a 10', possibly 12', tower consisting of a 3" pole.
City Attorney Shawn Guzman advised that the pole will be 12' in height.

Mr. Mortensen explained that the pole will have an 18" dish at the top. The applicants would like to paint the structure a suitable color to tie into the area.

City Attorney Shawn Guzman advised that some changes to the agreement are needed, and he recommended that approval be made subject to legal review.

Mr. Mortensen advised that SkyWire will pay for the equipment for four hot spots in the City, and provide an additional six hot spots for which the City will have to buy the equipment.

Council Member Bunker suggested the structure be painted a color that was not reflective.

Mr. Mortensen advised that the applicant would meet with Bob Nicholson and Ray Snyder to determine a suitable color.

MOTION: A motion was made by Council Member Gardner to approve the agreement subject to legal review and that the structure be painted a color that was not reflective and approved by City staff.

Mr. Mortensen advised that the applicant is also responsible to run power to the site, set the meter and pay all impact fees.

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

INTERLOCAL AGREEMENT:
Consider approval of an interlocal agreement for the Ft. Pierce CDA.

City Manager Gary Esplin advised that this project has been discussed numerous times with the City Council, and this agreement incorporates the rest of the entities and outlines the tax values for the future. The term of the agreement is 15 years.

MOTION: A motion was made by Council Member Bunker to approve the agreement.
SECOND: The motion was seconded by Council Member Gardner.

City Manager Gary Esplin explained that this CDA area consists of 283 acres. There are two other possible areas which could be considered for a CDA but they would have to created.

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

AGREEMENT:
Consider approval of a development agreement with Ivory Homes.


St. George City Council Minutes
December 21, 2006
Page Thirteen

City Manager Gary Esplin explained that this agreement would allow Ivory Homes to build a neighborhood park and dedicate it to the City at no charge.

City Attorney Shawn Guzman explained that the park will be a 12.5 acre community park. Ivory Homes is donating the land as well as installing the improvements according to City requirements. The City will give them park impact fee credits from within the development and as they come in Ivory Homes will be reimbursed for the cost of developing the park. Ivory Homes will also build a smaller four acre neighborhood park and donate the land for the park and detention basin. They are also donating trails which they will build, and donating some open space areas around the project to the City which are basically no disturb areas and areas with geologic features. They will also contribute $700,000 to develop four traffic lights within the development and will help develop a roundabout at Price Hills Drive and Desert Hills and help improve Brigham Road.

Colin Wright, representing Ivory Homes, explained the park will be located on the northern end next to Desert Hills, and hillside will also be dedicated.

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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held November 30, 2006.

MOTION: A motion was made by Council Member Bunker 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.

ADJOURN TO RDA MEETING:
MOTION: A motion was made by Council Member Gardner to adjourn to an RDA meeting.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RECONVENE AND ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to reconvene and adjourn to an executive session to discuss personnel was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.

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

CHANGE ORDER FOR WATER WALK:
Council Member Gardner declared a conflict of interest.

City Manager Gary Esplin presented a change order for the Water Walk and advised he felt it was justified. The City Council agreed that the change order was justified.

St. George City Council Minutes
December 21, 2006
Page Fourteen


The meeting then adjourned at 8:00 p.m.



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Gay Cragun, City Recorder