City Council Minutes

Thursday, April 5,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 5, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. He then led the audience in the pledge of allegiance and the invocation was offered by Rev. Alex Wilkie.

Mayor McArthur invited Leisure Services Director Kent Perkins to talk about the St. George Art Festival. Mr. Perkins distributed posters to the Mayor and Council Members and stated that this is the 28th annual Art Festival sponsored by the City of St. George and that they are expecting more than 35,000 people to attend the festivities. Mr. Perkins introduced Mr. Steve Carpenter, Executive Director of the Utah Recreation Parks Association. Mr. Perkins stated that Mr. Carpenter wanted to present an award.

Mayor McArthur welcomed Mr. Carpenter. Mr. Carpenter thanked the Mayor and stated that it was great to stand in the number one metropolitan area of growth in the United States. He said that each year the Association holds its statewide conference during which time it recognizes individuals, programs and departments for outstanding accomplishments for the previous year. He stated that in 1991 St. George Leisure Services received the first Outstanding Department Award presented by the Association. Mr. Carpenter asked Mayor McArthur and Dawn Eide-Albrecht, Recreation Coordinator, to come to the podium. Mr. Carpenter presented them with the 2006 Outstanding Program Award for the Little Detective Camp. He stated that the camp was the brainchild of Ms. Eide-Albrecht. Mayor McArthur thanked Mr. Carpenter for the recognition and also thanked Dawn Eide-Albrecht for her work in the Leisure Services Department.

Mayor McArthur acknowledged Representative David Clark?s presence at the meeting and thanked him for the good work that he did for the City. He stated that Representative Clark helped the City to get some debt relief that had resulted from the flood in 2005.

Mayor McArthur invited Jon Pike, Chairman of the St. George Arts Commission, to speak to the audience. Mr. Pike introduced Lana Beck, a member of the St. George Arts Commission, who made a presentation in honor of Gretchen Rowe. After the presentation, Mr. Pike, on behalf of the St. George Arts Commission, presented Ms. Rowe with the Award of Excellence for Outstanding Achievement and Service. The Mayor and City Council congratulated Ms. Rowe for her contribution to her students and the City. Ms. Rowe expressed her thanks and appreciation to her family and her students.

Mayor McArthur issued a proclamation declaring April as Financial Literacy Month for 2007. Mayor McArthur presented the proclamation to Mr. Ralph Flanagan and asked him to address the audience. Mr. Flanagan stated that the financial community in southern Utah believes that it is vital to provide proper financial literacy. He thanked the Mayor and the City Council.

Mayor McArthur encouraged everyone to attend the St. George Art Festival. He stated that the community should be very grateful for the various types of art represented at the 28th annual show.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in the audience to introduce themselves.

TABLE ITEMS:
City Manager Gary Esplin advised that two items were tabled from the agenda: Item 5A to consider approval of a resolution authorizing condemnation of the property located at 23 North 200 West, and Item 5B to consider approval of a resolution authorizing condemnation of property located at 212 West Tabernacle.

AWARD OF BID:
Consider approval of a contract with Alpha Engineering to perform construction management on the Tonaquint Drive project.


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April 5, 2007
Page Two

Purchasing Manager Connie Hood recommended award of the bid to Alpha Engineering in the amount of $120,940.

Mayor McArthur asked when the project would start, how long it would take and what the project entailed.

Wes Jenkins, City Engineer, stated that the project started on Monday and consists of laying storm drain adjacent to Southgate Golf Course and at 2070 South. Mr. Jenkins explained that the contractor has 150 calendar days to complete the project so they should be done the first of September. Mr. Jenkins stated that the road would be full length from 600 West up to the crest of the hill as it goes down toward Bloomington. He said at that point the road would go down by two lanes so it would match the cross section into Bloomington.

Council Member Orton stated that when they had talked about the project earlier they were going to contact all of the property owners in Bloomington to see if the street could be improved with curb, gutters and sidewalks. He asked Mr. Jenkins if that had been done.

Mr. Jenkins stated that he had contacted 2 or 3 of the property owners in the area and they said they were not interested in having curbs, gutters or sidewalks. Mr. Jenkins said that there would be curb and gutter part way down the hill and that it would end before Bloomington. He said that it would collect the water and take it to the detention base on the west side of the road.

MOTION: A motion was made by Council Member Gardner to approve the award to Alpha Engineering in the amount of $120,940.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Gardner ? aye
Council Member Bunker ? aye
Council Member Orton ? aye
Council Member Whatcott ? aye

The vote was unanimous and the motion carried.

Council Member Suzanne Allen arrived at the meeting.

COST SHARING AGREEMENTS:
Consider approval of cost sharing agreement for the construction of the Tonaquint Roadway Improvement Westside between the City and SITLA.

and

Consider approval of cost sharing agreement for the construction of the Tonaquint Roadway Improvement Eastside between the City and SITLA.

City Manager Gary Esplin stated that Addendum N and Addendum O on the agenda are cost sharing agreements with SITLA for the construction of the Tonaquint Roadway improvement on both sides of the road. He stated that in order to get SITLA?s share of the cost to make the improvements the City would need to enter into these agreements. He explained that the City Attorney had reviewed the agreements.

MOTION: A motion was made by Council Member Gardner to approve the two cost sharing agreements for the construction of the Tonaquint Roadway Improvements on the Westside and Eastside between the City and SITLA.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Gardner ? aye
Council Member Bunker ? aye
Council Member Orton ? aye
Council Member Whatcott ? aye

The vote was unanimous and the motion carried.

Council Member Bunker stated that there have been comments from people who live in Bloomington about the large trucks that are going on to Bloomington Drive from Tonaquint. She asked if there were going to be restrictions regarding trucks on that route.

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April 5, 2007
Page Three

City Manager Gary Esplin stated that the decision has been made throughout the community that there are not restrictions on load limits because of the amount of construction throughout the area. He also said that they don?t have the scales to weigh the trucks and a way to enforce the issue.

City Attorney Guzman said that it was his understanding that the engineering on the roadway is taking into account the soil condition and that they are going to over excavate the road.

City Manager Gary Esplin said that the cost of the road is being paid in part by the property owners who have frontage on the road as well as properties in the area. He stated that it is a joint project with the property owners and the City of St. George.

An unidentified member of the audience stated that the road had been a problem in the past because of sinking.

Mayor McArthur explained that they will be over excavating the road in order to bring it up to standard.

Wes Jenkins said that there is a lot of clay out in the area. He explained that they will be over excavating and also bring in a geogrid to place over that. He said that they have taken into account the soil and the traffic.

AWARD OF BID:
Consider award of bid for a 75 MVA auto transformer for the new Green Valley substation.

Purchasing Manager Connie Hood recommended award of the bid to PAUWELS in the amount of $1,653,123.

Council Member Allen asked why there is a 65 week lead time for the transformer.

Rick Hansen said that the best lead time that was received on the bids was 40 weeks and the worst was 80 weeks. He explained that the transformer that is being recommended is $600,000 less than the one with a 52 week lead time. He stated that they felt this was the best way to go.

MOTION: A motion was made by Council Member Orton to award the bid to PAUWELS in the amount of $1,653,123.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a 5 gang reel mower for the new Ballfields.

Purchasing Manager Connie Hood stated that bids were sent out to the three known vendors who supply the equipment. She stated that the only response received was from Rocky Mountain Turf. Ms. Hood recommended award of the bid to Rocky Mountain Turf in the amount of $41,302.

MOTION: A motion was made by Council Member Gardner to award the bid to Rocky Mountain Turf in the amount of $41,302.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.
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April 5, 2007
Page Four

Council Member Allan asked how long a mower of this type typically lasts.

Leisure Services Director Kent Perkins stated that they try to get 8 or 10 years out of a mower but they usually only last for 6 or 7 years.

AWARD OF CONTRACT:
Consider award of a contract to Rosenberg & Associates for design of the trail along the Virgin River to Sun River.

Purchasing Manager Connie Hood recommended award of the contract to Rosenberg & Associates in the amount of $51,600.

MOTION: A motion was made by Council Member Orton to award the contract to Rosenberg & Associates in the amount of $51,600.
SECOND: The motion was seconded by Council Member Allen.

Council Member Gardner asked why the lowest proposal wasn?t accepted.

Leisure Services Director Kent Perkins explained that it was the lowest responsive proposal. He stated that lower proposal left out a number on the third phase of the project.

Council Member Bunker what the amount of the grant was that the City was receiving for this project.

City Manager Gary Esplin stated that the grant was in the amount of $200,000.

VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a 750 KW diesel generator for the wastewater treatment plant.

Purchasing Manager Connie Hood explained that this item was tabled on December 1, 2006 because the Energy and Water Services Departments were discussing the possibility of dedicating one of the Bloomington generators to the treatment plant. The costs to do so came to more than the original bid. Ms. Hood recommended awarding the bid to the low bidder, D. Blake in the amount of $209,860.

MOTION: A motion was made by Council Member Allen to award the bid to D. Blake in the amount of $209,860.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for two additional vehicles as add-ons to the existing order placed with St. George Ford at the same cost as the original bid.

Purchasing Manager Connie Hood recommended award of the bid for a truck for the Wastewater Department to the low bidder, Champion Ford in the amount of $26,383 and for a truck for the Streets Department to the low bidder, St. George Ford in the amount of $28,541.

MOTION: A motion was made by Council Member Gardner to award the bids as recommended.
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April 5, 2007
Page Five

SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.


AWARD OF BID:

Consider award of bid for a natural gas accumulator tank for the Power Department.

Purchasing Manager Connie Hood stated that this is a sole source bid award for OEM equipment with Cardinal Cogen in the amount of $73,223.

Council Member Allen asked for someone to explain what the accumulator tank does.

Rick Hansen explained that it is a big tank that helps with pressure surges and filters oil. He stated that it will make the operation of the plant much easier. He said that a brand new accumulator tank would cost approximately $150,000 but they found one that will work by being rebuilt to fit the plant?s needs.

MOTION: A motion was made by Council Member Bunker to award the bid to Cardinal Cogen in the amount of $73,223.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF AGREEMENT:
Consider approval of a design agreement with Carter Burgess to design a traffic signal at Snow Canyon Parkway and Dixie Downs Road.

Purchasing Manager Connie Hood recommended approval of a design agreement with Carter Burgess in the amount of $12,553.

City Manager Gary Esplin requested that the item be tabled because of continuing discussion about the location of the traffic signal. He explained that there are some issues that are still being considered about the placement of the signals.

Mayor McArthur stated that the item would be tabled until the next Council meeting.

PROCLAMATION:
Consider approval of a proclamation declaring April as Fair Housing Month in St. George.

City Manager Gary Esplin explained that this a proclamation that HUD has requested cities to adopt. He stated that the proclamation affirms the City?s support for the fair housing programs through the Community Development Block Grant and that are sponsored by HUD.

MOTION: A motion was made by Council Member Gardner to approve the proclamation declaring April as Fair Housing Month in St. George.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

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April 5, 2007
Page Six

Council Member Whatcott ? aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Bob Nicholson, Director of Community Development, advised that the Planning Commission, at its meeting held on March 27, 2007, recommended approval of a Road Dedication Plat for the reconstruction and widening of Tonaquint Drive from 600 West to Escalante Drive in Bloomington.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for operation of a gravel extraction site for a five year period to provide material for the Milepost 2 interchange and adjacent area. SITLA, applicant.

Planner Ray Snyder explained that this site is southeast of the proposed new interchange in the area of the Atkinville Wash and Lizard Wash. He stated that the extraction will be performed in two phases; Phase 1A on 4.5 acres and Phase 1B on 4 acres. He said that the property is zoned Mining and Grazing. Mr. Snyder said that the area is proposed to be reclaimed for a future park after the gravel pit extraction phase is complete. Mr. Snyder said that the hours of operation would be 6 a.m. to 6 p.m. with the ability to have extended daylight hours in the summer time, Monday through Friday. He explained that historically gravel pits have been located in remote areas of the city but this will be located right next to the proposed interchange in order to supply needed materials. The Planning Commission recommended the Conditional Use Permit contingent upon the following recommended conditions:

Provide a site mitigation plan; the gravel pit(s) are to be mitigated (refill with soil and have compaction certified). This includes a geotechnical report and testing to the satisfaction of the Engineering Department (pad certifications).
Reclaimed site to become a public park.
A dust control plan shall be submitted.
The applicant shall demonstrate the water source for dust control to the satisfaction of the city; the applicant shall relocate the existing source from the west side of the freeway near Sun River to the east side of the freeway closer to the operation.
All stock piling to the satisfaction of the Engineering Department.
A channelization study is required.
A Flood Plain Development Permit is required to be processed with the City Engineer.
A Stream Alteration Permit is required to be processed with the State Engineer.
As applicable; FEMA permits to be obtained.
As applicable; Army Corp of Engineers permits are required.
Provide a phasing plan.
Provide a fencing plan (identify wash boundaries).
The truck route shall be approved by the City Traffic Engineer. Minimum use of Pioneer Road is required and instead River Road shall be the predominate haul route.
The hours of operation would typically be from 6:00 a.m. to 6:00 p.m. with the exception that extended day light hours during the summer time may be permitted by staff.

Mr. Snyder stated that Phase 1A and 1B is 8.5 acres. He said that after the Planning Commission and before the Council meeting the applicant submitted a larger area of 54 acres. Mr. Snyder explained that the applicant has been instructed that they will have to come back with a request for a Conditional Use Permit for the larger area for the Planning Commission?s review.

Mr. Curt Gordon, SITLA representative, stated that they apologized for the confusion that was caused by having several sets of plans at the City at the same time. He said that their intent is to do a 54 acre site and he wanted to reiterate that the material source site is integral to the

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April 5, 2007
Page Seven

new interchange. He said that the plan currently proposed does not get into the flood plain or the wash so some of the conditions may not be applicable to the work. He said, however, that SITLA was fine with going through whatever process is necessary. He stated that bringing water over to the other side would add cost to the project but they would work with City staff on accomplishing it. Mr. Gordon explained that because there will be a lot of material leaving the site within a short amount of time, they will not be able to fill the pit back-in in phases which is usually the way it is done. He said that there will be a big hole for awhile but that is why they need 5 years to get it filled in.

Mayor McArthur asked Bill Swenson to discuss issues about the air quality aspect of the proposal.

Mr. Bill Swenson, Project Manager, stated that it is very important from the City?s perspective that the dust control plan be submitted once the general contractor is on board. He said that they want to make sure that the notice of intent with the Division of Air Quality has been secured. He explained that the permit is through the State.

Mayor McArthur asked if the permit through the Division of Air Quality gives Mr. Swenson authority to monitor the project.

Mr. Swenson stated that it did give him that authority and that he would be monitoring the site on a regular basis.

Mr. Swenson also explained that SITLA will save water by having a supply line to the site of the aggregate plant which would provide a pressurized system so they could put spray misters on their drop points. Mr. Swenson said that they are also looking at the haul route. He stated that he wanted to emphasize that before any export of finished materials leave the site it would be approved by the Traffic Engineer.

Council Member Bunker asked for an explanation for the requirement to move water from the west side to the east side. She asked if there was any way of augmenting it so it wouldn?t be so expensive for the applicant.

City Manager Gary Esplin explained that until the road is built having the water at the site is significantly better for the operation.

City Attorney Shawn Guzman stated that he wanted the record to show that the applicant would be subject to the new ordinance so there may be additional requirements.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit with the recommendations made by the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED PRELIMINARY PLAT:
Public hearing to consider approval of an amended preliminary plat for Firenze Subdivision located at approximately 1130 South and 3000 East. Larry Blake, applicant.

Jay Sandberg, Assistant City Engineer, explained that this preliminary plat was recently approved by the City Council in a public hearing, but the applicant has added 3 lots and adjusted the street layout.

Council Member Gardner asked if the changes made to the preliminary plat were requested by the City.

Mr. Sandberg stated that they were and that the changes have been approved by the Planning Commission.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.
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April 5, 2007
Page Eight

MOTION: A motion was made by Council Member Gardner to approve the amended preliminary plat for Firenze Subdivision located at approximately 1130 South and 3000 East.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Rio Plaza Commercial Plaza with three commercial lots located at 500 East and Riverside Drive. Ence Homes, applicant.

Jay Sandberg, Assistant City Engineer, explained that this is a commercial development under construction on Riverside Drive at approximately 5000 East. He stated that the property is within the erosion hazard boundary. The Planning Commission recommended approval subject to the erosion hazard plan being approved and implemented.

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

Council Member Whatcott stated that this would be the last commercial piece of property on the south side of Riverside Drive.

Mayor McArthur stated that where the sidewalk ends it is about a foot above ground.

City Attorney Shawn Guzman explained that the City will have to look at that from a risk management standpoint.

Council Member Bunker asked if there were any liability issues when the City approves development in an erosion hazard boundary.

City Attorney Guzman stated that there is no liability issue is those instances.

MOTION: A motion was made by Council Member Allen to approve the preliminary plat for Rio Plaza Commercial Plaza.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/DESIGNATION OF HOME AS LANDMARK SITE:
Public hearing to consider designating the home at 212 North 100 West as a City landmark site. Mike Madsen applicant.

Bob Nicholson, Community Development Director, stated that this is a request from the property owners to designate the home at 212 North 100 West as a City Landmark site under the provisions in the City?s Zoning Code. He explained that the home was built in 1871 by William H. Thompson. Mr. Nicholson presented information on the history of the home. Mr. Nicholson stated that the Historic Preservation Commission unanimously recommended approval of the designation with conditions regarding details of the renovation work, principally dealing with windows and header beams over the windows. If approved as a Landmark Site, the owner/applicant will request a CUP for a guest inn type of use. Mr. Nicholson stated that there was detailed discussion about the type of windows that would need to be used in the renovation.



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April 5, 2007
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Mike Madsen, the applicant, stated he would like to do the renovation in phases by getting the old part of the home in shape before working on the new portion. He said that they are planning on utilizing the home for vacation rentals, not a bed and breakfast. Mr. Madsen stated that he was going to try and save the mulberry tree in front of the house because of its age and size. He said that he wants to get the landscape back in and the outside work done.

Council Member Gardner stated that he thought the home had already been designated as a Landmark Site several years ago.

Council Member Whatcott asked if the building would still maintain the historical designation if it is added on to.

Bob Nicholson stated that it would as long as it continued to meet the requirements of the Preservation Committee.

Council Member Orton stated that any addition would have to be approved on any of the Landmark Sites.

Mr. Nicholson stated that was the case.

Council Member Whatcott asked if there were requirements to make sure the addition that would be built would meet historical specifications.

Mr. Nicholson stated that there was a lengthy discussion on the addition?s window design. He stated that the aluminum clad wood windows were the ones that were recommended. He stated that windows would have divided light and header beams.

Council Member Bunker stated that the original house, shown on one of the renderings, was built a little different that the current house. She stated that the Historic Preservation Commission felt that the proposed design met the historic specifications.

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

MOTION: A motion was made by Council Member Orton to make a resolution designating the home at 212 North 100 West as a City Landmark site with the conditions placed on it by the Landmark?s committee.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Gardner stated that he wanted to commend the owner for his interest and efforts in preserving the home.

Council Member Bunker stated that she appreciates the people on the committee who are all volunteers. She stated that the committee is headed by Kim Campbell and that each of the members bring an expertise to the group that is a benefit to the City.

Mayor McArthur agreed with Council Member Bunker and thanked each of the members of the committee.

Council Member Whatcott asked Mr. Madsen if the project is an Interstate Rock development or a Madsen project.

Mr. Madsen stated that it would be funded by Interstate Rock and a Madsen project.

Council Member Whatcott asked what happens to the Landmark Site designation if the use of the building changes. He stated that the Council recently had to deal with a change of a Landmark Site. He asked if staff was looking at the ordinance to address situations where the use changes.



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April 5, 2007
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City Manager Gary Esplin asked City Attorney Guzman if there was something that could be put into the ordinance pertaining to historical homes that would require it to come back to the City Council if there were a change in use.

City Attorney Guzman stated that they can and that his staff is currently working on the appropriate wording. He explained the ordinance would state that when a conditional use is granted, it is granted for a specific use and if the use is discontinued it would revert back to its former status.

Planner Ray Snyder stated that Item 6 of the Planning Staff Report has been removed from the agenda.

LOT SPLIT:
Consider approval of a lot split for property located at 999 South Bluff Street. MTB Enterprises, owner.

Planner Ray Snyder stated that this is the Staples project and the request is to subdivide the property. The proposed lot split would result in Parcel No. 1 being 1.78 acres and Parcel 2 being 1.84. Mr. Snyder referred to the building as being renovated.

City Attorney Guzman clarified that the Legal Department considers the project new construction not a renovation of the building.

Mr. Snyder explained that there were some comments from the City Surveyor and Engineering staff members stating the easements that had been done to the residential standard. Mr. Snyder said that he had submitted the correct easements and a copy of the reciprocal access to the Legal staff.

Mayor McArthur asked Mr. Snyder if any of the property is on State land.

Mr. Snyder stated that it was not. He said that the plans that have been submitted demonstrate that the owner will meet all requirements. He said that the Planning Commission recommended approval of the lot split with conditions as noted.

MOTION: A motion was made by Council Member Gardner to approve the request for the lot split with the conditions that have been recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.


SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder explained that this item had been carried over from the March 15, 2007 council meeting because of questions about traffic and access. He stated that this is a request for additions to the Cross Road Plaza at the corner of Riverside and River Road. The applicant had proposed two buildings ? buildings ?C? and ?D?.

Mayor McArthur stated that the connection with the Post Office was also a concern.

Mr. Snyder said that the driveway, the connection between the two, is on Post Office property. He explained that the applicant would be connecting up to the driveway. He stated that there is a curb stop that is currently in place but that once the Post Office removed it there would be access.

City Attorney Guzman asked if the Post Office had agreed to remove the curb stop.

Mr. Snyder stated that he didn?t know the answer to the question.

Mr. Aron Baker, Assistant City Engineer, stated that the proposed buildings will not cause an impact that would need a median down Riverside. He stated that what is needed is the connection to the Post Office. Mr. Baker stated that he thought the addition of these two

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buildings would complete the McArthur?s Landing area. He stated that the value of having another way in and out of the area needs to happen. Mr. Baker stated that Mr. Lewis has agreed to put another access in that is away from the intersection. He said the Mr. Lewis is proposing to look at going around the Post Office. Mr. Baker said that the Post Office would have a lot to gain by getting an access into the parking lot.

Council Member Whatcott asked if there would be a turn lane to get into the area.

Mr. Baker stated that there isn?t one planned now. He said there is one at the Doctor?s Free Clinic.

Council Member Whatcott discussed the many traffic problems that are currently the case for drivers who want to go from the Post Office to one of the banks in the area. He said that a decel lane could possibly help with the traffic situation.

Mayor McArthur asked Mr. Baker if he had talked to the Post Office to see if they were going to open the access.

Mr. Baker stated that Mr. Lewis would have to respond to the question.

Mr. Rich Lewis stated he had a meeting with the City Engineering Department and that David Demas, City Engineer, had talked to the local postmaster about the access. Mr. Lewis stated that he had written to the Denver office and was told that they didn?t want to open the access. He said that on Tuesday, Dave Demas had received a fax stating the Post Office might be interested in opening the access because of the City?s request. Mr. Lewis said that 10 or 12 years ago the Post Office requested the site and agreed to access through the area but then changed their mind on the access. Mr. Lewis said that he worked with the City at that time to put room in for a trail, parking and access in the back of the Post Office. Mr. Lewis stated that what he is proposing is to continue to work with the Post Office for access but before they get occupancy on the two new buildings they would pave the area to have access to the west where there is a decel lane.

Council Member Bunker asked if the connection would be made before the second building would be completed.

Mr. Lewis said that they would. He said that as soon as he gets approval from the City, he would make the connection. He explained that the connection would be about 600 feet to another asphalt drive that goes out to River Side Drive.

Council Member Whatcott stated that Mr. Lewis doesn?t have on the current plan the recommendation to build the backside road. He asked what the timeline would be to complete the road.

Mr. Lewis said that he would make a commitment that he would not occupy the new buildings until the connection is made.

City Manager Gary Esplin said the question came up in the last meeting about the participation in the cost of a median on Riverside Drive. He asked Mr. Baker if there was any requirement that this development participate in the cost of the median at some point.

Mr. Baker said there is no plan for a median at this point.

Council Member Allen asked if another sign stating that the road is going to narrow be added farther away from 1100 East.

Mr. Baker stated that they could add an additional sign.

Ms. Tammy Sevier, stated that on River Road the traffic light has a green arrow and she stated that she would like to see that more frequently throughout the City. She stated there is a huge problem off of Hilton Drive and Bluff Street. She also asked if it would be an option in the future by the Post Office.

Mr. Baker explained that the arrows are put in places where pedestrians don?t cross. He said that when there are pedestrians crossing the cars can?t move even when the green light is on. He stated that they would like to have a green arrow light at Hilton Drive and Bluff Street and would like to put it in when they widen the road.

Council Member Allen asked why they haven?t put a green turn light in.

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April 5, 2007
Page Twelve

City Manager Gary Esplin explained that the traffic problem right now is because they can?t get onto River Road and a right turn light wouldn?t solve the problem.

Council Member Whatcott stated that he is concerned about approving the request without having an agreement from the Post Office for a cross access.

Mayor McArthur said that they could approve the request contingent on receiving the agreement from the Post Office for the cross access.

Council Member Whatcott stated that he wouldn?t want any construction to start before they have the agreement from the Post Office.

Mayor McArthur said that he understood Mr. Lewis to say that since the Post Office knew the City wanted the cross access that they would be willing to move the curb stop.

Mr. Lewis said that was what Dave Demas had told him on Tuesday. Mr. Lewis stated that he didn?t believe there was a need for four accesses. He said that the area has less square footage and no restaurants and that three accesses are enough. He stated that in the area where Big 5 and Red Lobster are there are three accesses and they are adequate. He said that if they can go in back of the Post Office to provide a third access people would use it because they would be able to turn right or left without traffic problems.

Mayor McArthur said that Mr. Lewis?s proposal to have the third access is not included in the request that is being considered at this time.

Mr. Lewis stated that he is making the commitment in a public meeting to have the access before occupancy. He said that as soon as it is approved by engineering staff he will finish the access.

Council Member Whatcott stated that he drove through the area the other night and down to the vacant parking lot where there are trailers parked. He said that he went out the other side where the new building is and felt that it would be a poor fix.

Mr. Lewis stated that it is the same distance to make the loop to exit as it is where Red Lobster is located.

Council Member Whatcott said that he didn?t understand why Mr. Lewis would want to build a building and then hold up occupancy until approval is obtained.

Mr. Lewis said that he wasn?t going to do that. He stated that he was going to put the link in before the buildings were ready for occupancy.

City Attorney Guzman reminded the Council that it has been a very long process to try and get the issue resolved with the Post Office. He stated that he wouldn?t want to count on the Post Office agreeing until it was in hand.

Council Member Gardner asked if the City doesn?t have some recourse since the Post Office had agreed to a cross access in the original agreement. He asked if the City doesn?t have the right to condemn the access just like any other property.

City Attorney Guzman said that the City wouldn?t condemn an access for two private parties to go back and forth between their properties. He explained that it would have to be a condemnation in favor of the City. Mr. Guzman said that he agrees with Mr. Lewis that the Post Office should adhere to the original agreement but he said that they have been very bureaucratic in trying to get this resolved.

Council Member Gardner stated that the cross connection would really help the relationship between the Post Office and the rest of the development but that he doesn?t see it as critical as an exit. He said that the exit Mr. Lewis is proposing would solve the problem whether there is a cross connection to the northerly part or not. He said that he sees them as two different issues.
Mr. Lewis asks Mr. Baker if they need four accesses rather than three.

Council Member Whatcott stated that he doesn?t see it as a fourth access but rather a cross access that will help with movement of traffic.

Mr. Lewis stated that he is doing everything in his power to get the cross access but at this point it is outside of his control. He said that he is willing to put in another exit in order to address the situation.

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April 5, 2007
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Mayor McArthur said that he thinks the back entrance would bring people onto Riverside Drive at a better location then trying to exit up by Wells Fargo.

Council Member Gardner asked if the proposal meets the criteria for adequate parking and other requirements. He said that he agreed with Council Member Whatcott that the project would be improved immensely by having the cross connection, but he said that the proposal stands by itself in meeting the criteria set by the Planning Commission.

Council Member Allen asked if Council Member Gardner would require the access in the back of the property.

Council Member Gardner stated that Mr. Lewis had said that he would put the access in before the buildings would be occupied and that should be a condition of approval.

Mayor McArthur asked if there had been a request to use any of the property for restaurants.

Mr. Lewis stated that he wasn?t sure if there had been but that a restaurant wouldn?t be able to go into the area because there wasn?t enough parking.

Council Member Whatcott said that he is in favor of the buildings going into the area. He said that not having a cross access is a detriment. He said that having an access on the backside would benefit people coming west into the development but that it doesn?t solve the problem of people coming from the banks or the two new buildings.

Council Member Allen asked if the Council and Mayor could send a letter on behalf of the citizens to the Post Office expressing the need for the cross access.

City Attorney Guzman stated that they could send a letter but that he is concerned that the City doesn?t have any leverage that would cause the Post Office to want to cooperate.

Council Member Orton asked Mr. Guzman if he is suggesting that the City hold up the project as a way to get the Post Office to agree to the cross access.

City Attorney Guzman said that his concern is that once approval is given for the buildings to be built, the City won?t have any leverage to get the cross connection.

Council Member Orton asked if holding up the project would give them leverage with the Post Office.

City Attorney Guzman stated that he didn?t know if it would give them leverage with the Post Office but that it would keep Mr. Lewis working diligently to get the cross access.

Mayor McArthur asked if there were any letters from the past stating that the Post Office would provide access.

Mr. Lewis stated that he did have something long ago but then the Post Office said they wouldn?t connect down below because they wanted a secure area behind the Post Office. Mr. Lewis stated that he has been working on this for three years and has come up to a dead end as a developer. He stated that he thinks having an asphalt drive on the other side of would enhance the possibility of getting the Post Office to provide cross access. He stated that Dave Demas had worked hard to get the Post Office to agree to the cross connection. Mr. Lewis said that with the City?s continued help he believed the Post Office would comply.

Council Member Orton asked if the staff recommended approval of the project or if it needs to be held up because of the cross access.

City Manager Gary Esplin stated that the cross connection had to happened but he said that he doesn?t know whether holding the project up is the solution. He stated that off-site things are causing many of the problems with this particular development. He said that they can?t divide the whole project up and just look at the 7,000 square feet. He said that the access out the back would be significant for the whole project but it wouldn?t change the traffic problems on Riverside Drive or River Road. He said that he could see people wanting to go west using the back road out of the development. Mr. Esplin stated that internal access should be required in every commercial project. He said that it?s the business owners that are going to suffer from not having the cross access.

Council Member Bunker said that having the road around the back will benefit the people who are going into all of the businesses.

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April 5, 2007
Page Fourteen

MOTION: A motion was made by Council Member Bunker to approve the request for the site plan with the stipulation that Mr. Lewis would put in the road behind the Post Office before occupancy of the buildings.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, as follows:

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

The motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a street fair. Sandy Lenois, applicant.

City Manager Gary Esplin explained that there is a request that had been approved by the City to go through the Spring. He said that this request is for permission to extend through the Fall. He said that he has concerns about how this would impact the opening of the Town Square and other Christmas events. He said that he wanted to clarify that the approval was only through the Spring.

Mayor McArthur stated that the approval for the special event permit was only through the Spring.

Council Member Orton said that he thought it would be a good idea for the City to meet with the businesses in the downtown area to see what they want as far as activities and events.

City Manager Gary Esplin stated that he thought that?s what had been decided at the last work meeting. He said that may be what would be discussed by the applicant.

Ms. Sandra Lenois, applicant, stated that the community has embraced this event. She said that she has sponsors for April, May, and June and tentative commitments for September and October. Ms. Lenois stated that she had support from several of the businesses downtown and referred to a letter that was in a packet handed to the each of the council members. An assistant of Ms. Lenois handed out a piece of King Cake to each of the council members. Ms. Lenois explained that the theme for the month of April was Mardi Gras. Ms. Lenois stated that there were more vendors signed up for April than there were for any of the months last year. Ms. Lenois said that they were going to be helping to raise funds for United Way Dixie during the months of April, May and June. She said that they have been working with other sponsors for the Fall if the City approves extending the special events permits. Ms. Lenois explained that she is working with organizations who have to submit their budgets in October or November which is why she is requesting approval for the Fall months now.

Council Member Gardner stated that he wanted to commend Ms. Lenois for her efforts in organizing the special events. He said that from the number of businesses Ms. Lenois mentioned in her presentation that it appears that she has done a good job in trying to address Council Member Orton?s concerns about finding out what the businesses want for the downtown area.

Ms. Lenois said that one of her goals for the past year has been to work toward a united effort with the businesses in the downtown area. She said that she feels that she has had a great deal of success in accomplishing that. She explained that she had been working with the few establishments that wanted events on Friday nights instead of Thursday nights and that they are now supportive of the Thursday evening schedule.

Council Member Bunker said that she thinks Ms. Lenois has done a good job in planning for events but that there could be a conflict in October because of what the City might want to do with the Town Square.

City Manager Gary Esplin said that he would see the events involving the Town Square as being more than just one night. He explained that they would probably have a grand opening but then there would be other types of community events that would occur throughout the month.

Council Member Gardner stated that he felt it would be good to work together and take advantage of the momentum from the Fall events.



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April 5, 2007
Page Fifteen

City Manager Gary Esplin said that if the activities planned for October didn?t conflict with what the City wanted to do with the Town Square he supported working together. He said however that Ms. Lenois had already determined what the theme would be for October. He said that he didn?t have a problem with approving the special events permit for September or November.

Council Member Bunker asked if an ad hoc committee which would include Ms. Lenois could be established to plan for the events in October.

City Manager Gary Esplin stated that he didn?t object to a committee that included Ms. Lenois and other interested parties but he didn?t want to have a night each week in October used for events that might detract from any Town Square celebrations.

Council Member Bunker said that is a concern to her as well. She said that she doesn?t support the idea of highlighting a retail business when they should be focusing on the City of St. George and the Town Square.

Ms. Lenois stated she felt that she had demonstrated to everyone her commitment to the City and her willingness to work through these issues. She said that she would have a problem with an on again off again schedule.

Mayor McArthur said that he wouldn?t have a problem with approving the permit up to October. He said that until they know what they will be doing with the Town Square he wouldn?t want to approve scheduling other things.

Council Member Gardner asked if the Mayor were saying that they should work together and use Ms. Lenois to help to promote what might happen in October.

Mayor McArthur stated that he would support approving the request up to October. He said that he wouldn?t want to agree to having someone else in charge of October until there were further discussions.

Council Member Gardner asked if they could have Ms. Lenois work with them on the events for
October but in more of a subservient role to the desires of the City. He said that would address Mr. Lenois? concerns about an on again off again schedule.

Mayor McArthur said that he would support having the events through September but not in October. He said that they should also look at the frequency of the events. He said that he?s heard from some citizens that once a week may be too much. Mayor McArthur said that the reason for the discussion was to clarify that the permit was for the Spring.

Ms. Lenois stated that the commitment from the City was through June. She explained that if they wanted the events for the Fall she had to be working at getting sponsors now. She said that it is not a last minute type of thing. Ms. Lenois said that if it would be just for September that she could go through June and go to another community for the Fall. Ms. Lenois stated that she has taken on a lot of expense and worked with some difficult individuals to get to where she is now. She said that she has put a lot of effort into having this be successful.

Council Member Gardner asked Ms. Lenois how she would deal with October with her group.

Ms. Lenois stated that the merchants on Main Street are glad to have the park go in but are reticent about how the Town Square will impact them.

Council Member Orton stated that most of the businesses aren?t open during the times of the street fair. He said that the City?s intent is to support the businesses downtown and that he didn?t see that the street fair is doing that.

Ms. Lenois stated that she had a commitment from Main Street Travel, the Gallery, the Antique Store, Wide Angle, and a book store to stay open during the street fairs. She said that most of the businesses have said they will stay open. Ms. Lenois said that they are working on programs to go with the themes so the retailers can do promotions. She said that her objective is to get people on the street and it?s the vendors? responsibility to get them inside the doors.

Council Member Orton said that the City is promoting businesses downtown not vendors that are being brought in from outside the downtown area.

Council Member Gardner said that they are also trying to create activities in the center of the community. He said that the conflict with the businesses and vendors had been resolved. He said that the issues with the type of crowds had also been resolved. He said that he sees the


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April 5, 2007
Page Sixteen

street fairs as a very positive thing and heading in the direction the City wants it to go. He said that he thought the City should be encouraging them to do what they are doing.

Council Member Orton said that he thought that?s what they were doing by giving approval for the special events through the Spring. He said that he thought that would give them the opportunity to see the results of the events.

City Manager Gary Esplin said that he didn?t think staff had a problem with any of the months except for October. He said that he felt they should be willing to compromise at looking at working together for October. He said that he thinks the issue is bigger than just the next few months. He explained that once the Town Square is complete they will have to see how the businesses support it and how the community will respond. He said that they will have to look at how the Town Square and Main Street relate to one another. He said that there are other groups that want to talk about the long range plans for the next five or ten years. Ms. Esplin suggested that they be able to go through November 15 to accommodate the Holiday Stroll. He said that it is critical that a committee be formed that would include representatives from businesses in the downtown area to discuss different possibilities.

Council Member Allen said that the theme for October should focus on the historic aspect of St. George and not a trip to the Caribbean.

Ms. Lenois said that the September theme was the Caribbean. She said that the theme for October was Fall Festival and that could be changed. She said that whatever they wanted to go with would be fine.

Council Member Gardner asked Ms. Lenois if she would be willing to support what the City Manager said as far as working with the City for the month of October.

Mayor McArthur said that he didn?t think the opening of the Town Square would be a one time event. He said that he saw a week long or a two week long series of events, perhaps on different nights. He said that he would want to have the City?s plan determined before agreeing to have the street fair scheduled for the same month. He said that maybe they could be coordinated but there may also be a conflict with events.

Council Member Gardner said that they have someone who is willing to help the City make it a great event.

Council Member Orton said that they wouldn?t want any events on Main Street during the month of October.

Mayor McArthur said that maybe they wouldn?t have vendors at all and would just have different types of celebrations. He said that they need to spend some time looking at what they want and making plans.

Ms. Lenois said that November isn?t a good month for the street fair because of how cold it was. She said that they were looking at some options.

Mayor McArthur said that they could stop after September.

Ms. Lenois said that her preference would be not to just go for the one month of September. She said that she thought with the proper amount of planning she could put something together that would be fun and a cooperative event for downtown.

Council Member Gardner asked if they could give Ms. Lenois conditional approval for the Fall based on the performance over the next few months.

Ms. Lenois said that because she has the support of the businesses and sponsors she has confidence that the street fairs will be a success. She stated that she would need time to plan for the events.

Council Member Gardner asked if the City could be the sponsor for the month of October. He said that the events the City would want to have could be the focus for Ms. Lenois.

Mr. Lenois stated that she wouldn?t have a problem with the City being a sponsor. She explained the different types of advertising she is using to promote the monthly street fairs.

Council Member Gardner asked Ms. Lenois how much a sponsorship costs.

Mr. Lenois stated that a Title Sponsor is $2500 a month.
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April 5, 2007
Page Seventeen

Council Member Gardner said that having the City be the sponsor for the month of October would accomplish everyone?s purpose. He said that the City would have control over the events that would take place during the month. He explained that the City would be the ones that would help direct the events for October.

Council Member Orton asked for clarification from Council Member Gardner if the City would be directing the events or if the City would be a sponsor through Ms. Lenois? program.

Council Member Gardner said that the City would dictate what the events would be and that Ms. Lenois would work with the City as the sponsor.

Marc Mortensen, Assistant to the City Manager, asked what would happen if the events don?t resemble a street fair. He said that the activities may be performance and concerts.

City Manager Gary Esplin said that he understood Council Member Gardner to say that the City would control the events in October. He said that if Ms. Lenois wanted to be a partner in those events the City could enlist her support if they wanted to. He explained that there would be activities that would be free to the public. He said there may be historical presentations or other types of events that wouldn?t have anything to do with a vendor. He said that he hoped the opening of the Town Square would be something that would go on for four consecutive weeks with activities that would showcase the City. Mr. Esplin said he supported Ms. Lenois being able to have the street fairs for September and through the 15th of November, with the City having the month of October for the Town Square celebration. He said that the Council needs to have a serious discussion on who will market the Town Square and what type of events they want to have on an annual basis and monthly basis. He explained that the Town Square will be the focal point of the events that are promoted by the City.

Ms. Lenois asked if the City was planning on having any activities on Main Street during October.

Mayor McArthur said that they wouldn?t want anything distracting from the Town Square activities.

Ms. Lenois stated that the activities would enhance each other. She explained that bringing people into the downtown area for different events would be a benefit to everyone.

City Manager Gary Esplin said that they would not want anything competing against the Town Square events. He stated that he wants the City to have the month of October to focus on the Town Square.

MOTION: A motion was made by Council Member Gardner to approve the special event permit for a street fair for September through November, with the City sponsoring the month of October.

City Manager Gary Esplin said that he didn?t think that would be fair to Ms. Lenois because it wouldn?t give her the time she needed to plan for the events.

Council Member Gardner said that it would give the City a couple of months to decide what they want to have happen. He said that he hated to see someone excluded before the City has decided what it is going to do during the month.

There being no second, the motion died.

MOTION: A motion was made by Council Member Orton for the City to have the month of October for the Town Square celebration and to approve the special event permit for September and to the middle of November and then they would analyze it at the end of that period.
SECOND: The motion was seconded by Council Member Allen.

Council Member Whatcott stated that next year it could be that the street fair would be held in the Town Square instead of Main Street. He stated that he didn?t think the merchants down town would stay open for the street fairs. He said that he sees a lot of possibilities of events moving to Town Square.

VOTE: Mayor McArthur called for a vote, as follows:

Council Member Gardner ? aye
Council Member Allen - aye
Council Member Bunker ? aye
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April 5, 2007
Page Eighteen

Council Member Orton ? aye
Council Member Whatcott ? aye

The vote was unanimous and the motion carried.

APPROVAL OF LEASE:
Consider approval of a non-commercial airport property lease with Kerry Johnson.

City Manager Gary Esplin stated that Kerry Johnson is proposing to buy a hangar at the airport. He said that it is a standard lease.

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

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

The vote was unanimous and the motion carried.

APPROVAL OF LEASE AMENDMENT:
Consider approval of an airport lease amendment with Direct Aviation.

Mike LaPier, Airport Manager, stated that the Direct Aviation agreement is an extension of the lease agreement currently slated to terminate next year. He said that Direct Aviation has requested that the lease be extended to the end of 2010 at the same terms.

Mayor McArthur asked if the lease had a provision in it to address the airport moving.

City Attorney Guzman said that all of the leases have a provision to address the move to the new airport.

MOTION: A motion was made by Council Member Gardner to approve the lease amendment.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF AGREEMENT:
Consider approval of a commercial operating agreement with Flight School of Southern Utah.

Mike LaPier, Airport Manager, stated that this a commercial operating agreement with Flight School of Southern Utah. He said it is a flight instruction school that will operate within the hanger at Direct Aviation until 2009.

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

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

The vote was unanimous and the motion carried.



St. George City Council Minutes
April 5, 2007
Page Nineteen

APPROVAL OF LEASE EXTENSION:
Consider approval of a lease renewal with the Transportation Security Administration (TSA).

Mike LaPier, Airport Manager, stated that this a lease extension with the Transportation Security Administration.

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, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF PURCHASE:
Consider approval of the purchase of water shares in the Bloomington Irrigation Company.

Water Services Director, Barry Barnum, stated that Bloomington Irrigation Company is planning to build a storage reservoir by the Atkinville Interchange. He said that the City is a large shareholder in the company and the City is the operating agent. He explained that the City does all of the work under contract. He said that in order to raise the money to complete the project this request is to approve the purchase of 500 treasury shares at a price of $1,100 per share. He said that the purchase would give the City a majority interest in the company.

Council Member Allen asked where the $550,000 would come from.

City Manager Gary Esplin said that it would come from the Water Department.

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

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

The vote was unanimous and the motion carried.

APPROVAL OF REVISION TO AGREEMENT:
Consider approval of a revision to the Snow Canyon Compact Agreement.

Water Services Director, Barry Barnum explained that the current agreement is not working well with the current situation with other communities. He said that it allows Ivins to purchase water from the Region to reduce their costs. He said that it allows Santa Clara to use their own two wells to provide their water without having to purchase regional water and it allows the City to operate independently.

Council Member Gardner asked Mr. Barnum if he felt comfortable that all of the details have been worked out.

Mr. Barnum stated that he did. He said that Santa Clara had already adopted the revision. He said that Ivins management and legal had approved the revision and that it had gone to the Ivins City Council on April 4th.

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

Council Member Gardner ? aye
Council Member Allen - aye
Council Member Bunker ? aye
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April 5, 2007
Page Twenty

Council Member Orton ? aye
Council Member Whatcott ? aye

The vote was unanimous and the motion carried.

APPROVAL TO PURCHASE:
Consider approval to purchase 51.62 acre feet of ground water rights.

Water Services Director Barry Barnum explained that this water is located south of the river toward Warner Valley. He said that the purchase agreement is contingent on being able to move the water into Sand Hollow wells which will make it culinary quality. He stated that the Conservancy District has agreed to allow the City to move the water into the wells but the purchase won?t take place unless the City Engineer approves the move.

MOTION: A motion was made by Council Member Allen to approve the purchase contingent on being able to move the water into the wells.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SALE OF CITY-OWNED PROPERTY:
Consider sale of City-owned property located south of Riverside Drive adjacent to Newby?s Collision Center at approximately 270 East Street.

City Manager Gary Esplin recommended the sale of the property with the City Manager making the determination to go out to bid.

MOTION: A motion was made by Council Member Allen to approve the sale of the City-owned property and to allow the City Manager to determine to go out to bid.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Gardner asked for clarification on allowing the City Manager to make the determination to go out to bid.

City Manager Gary Esplin explained that there are two ways to dispose of property under State law. He said that one way is to have a public hearing where the public can come in and make their comments. The other way is to have the City Manager notice it and the comments go to the City Manager. He said that the second way saves having to be on the agenda and delay the action. City Manager Esplin said that they would make it a condition of the sale that a building permit be taken out within a year and that the type of business would be compatible with the EDA.

Council Member Orton stated that he went with the City Manager to look at the piece of property. He said that it is completely separated from the road.

VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

City Manage Gary Esplin stated that there were two additional items as Addendums. He said that the first was an agreement between Dixie State College and the City for the community education channel. He said that the other Addendum item is for a financial agreement. He asked Marc Mortensen to explain the agreements.

City Attorney Shawn Guzman said that the council could take both Addendum P and Addendum Q together.
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April 5, 2007
Page Twenty One

AGREEMENTS:
Consider approval of an interlocal cooperation agreement between Dixie State College and the City for the community education channel.

and

Consider approval of a financial agreement between Dixie State College and the City of the community education channel.

Marc Mortensen, Assistant to the City Manager, explained that they took the interlocal agreement and made it more reflective of what the CEC is today. He stated that there was no change to the City of St. George. He said that there are several safeguards to ensure that if there is any debt incurred on behalf of CEC it would not reflect back on the partners.

MOTION: A motion was made by Council Member Orton to approve the interlocal cooperation agreement and the financial agreement between Dixie State College and the City.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held March 8, 2007.

MOTION: A motion was made by Council Member Gardner to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held March 15, 2007.

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

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held March 22, 2007.

MOTION: A motion was made by Council Member Gardner to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.

St. George City Council Minutes
April 5, 2007
Page Twenty Two

VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ADJOURNMENT:

MOTION: A motion was made by Council Member Gardner to adjourn the meeting.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.



____________________________________________
Judith Mayfield, Deputy City Recorder