City Council Minutes

Thursday, April 2,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 2, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gloria Shakespeare
Council Member Suzanne Allen
Council Member Gail Bunker
Council Member Jon Pike
Council Member Gil Almquist
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Attorney Paula Houston
City Recorder Gay Cragun


OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Almquist and the invocation was offered by Council Member Shakespeare.

Mayor McArthur announced that Item 2B to consider approval of an agreement with PBS&J to design the Replacement Airport finish grading and drainage project is tabled from the agenda as additional information is needed. There is also an addendum to the agenda.

PRESENTATION:
Council Member Gail Bunker announced that April is Art Month in St. George and the Art Festival will be held next weekend. She invited Summer Robertson, Chair of the Art Commission, to honor two people from the community who have made a huge impact on the arts.

Summer Robertson introduced members of the Art Commission and explained that each year the Art Commission presents an Excellence in the Arts award to those who have demonstrated a lifetime of excellence through a commitment to the arts.

Sheila Bailey announced that Diane Hafen is the recipient of Excellence in the Performing Arts award. She then presented a power point presentation on Mrs. Hafen?s many achievements in the arts, and Mayor McArthur presented Mrs. Hafen with the award.

Kathy Cieslewicz announced that Glen Blakely is the recipient of Excellence in the Visual Arts Award. She then presented a power point presentation on Mr. Blakely?s many achievements in the arts, and Mayor McArthur presented him with the award.

Glen Blakely commented it was a great honor to dedicate time and service to make this community a better place and he loves living here. He expressed appreciation to his wife for being the power behind donation of so much of this time.

Diane Hafen expressed appreciation to her family and friends for their support and expressed love for her students. She stated she appreciated the privilege and opportunity to receive the award.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming the month of April as Child Abuse Prevention Month and then presented the proclamation to Patricia Sheffield. Ms. Sheffield distributed pinwheels to the Mayor and City Council and advised the pinwheels stand as a symbol of child abuse prevention.

PRESENTATION:
Mayor McArthur announced the winners of the City employee?s Climbing Mt. Everest walking contest and explained the goal was to walk a million steps during the month of March. Winning employees are Dave Mendenhall. B. J. Clay, Kenneth Elliott, Deacon Farnsworth, Vincent Lusk, Paul Paget, and Brandon Sullivan. Mayor McArthur also recognized Jim Bingham who has improved his health by taking part in the City?s wellness program.
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April 2, 2009
Page Two

TABLE ITEM:
Mayor McArthur again announced that Item 2B to consider approval of an agreement with PBS&J to design the Replacement Airport finish grading and drainage project is tabled from the agenda as additional information is needed.

AWARD OF BID: Consider award of bid for megalugs and fittings.

Purchasing Manager Connie Hood explained that the low bid was submitted by Ferguson Waterworks. They bid a variety of items which the City normally uses in the amount of $114,793.86. She recommended that they be awarded a blanket in the amount of $100,000 for the year.

MOTION: A motion was made by Council Member Allen to award a blanket to Ferguson Waterworks in the amount of $100,000 for the year.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Bunker - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a construction management/general contractor agreement to reconstruct Blackridge Drive.

City Manager Gary Esplin explained there have been significant problems with Blackridge Drive and the City would like to propose a construction management/general contractor agreement, not just a bid on the actual work. Rosenberg is doing the redesign and a team has been created to review proposals and submit their recommendation.

Rick Rosenberg explained the process the team went through was modeled after the UDOT process on the Southern Parkway and Atkinville Interchange because of the complexity of the project and the many unknowns. The team recommends that the contractor be brought on board now. Four proposals were submitted, and three engineers from his office and three City engineers scored the proposals. The unanimous recommendation is to enter into a contract with Desert Hills Construction for the project. They are the best qualified in dealing with the subgrade clay soils underneath the pavement. They will also be given first right to bid on the project but it is not guaranteed that they will do the construction. They will be compensated for the design portion.

Mayor McArthur explained that Blackridge Drive was originally a special improvement district project and was awarded to the low bidder, who is no longer in business. The project must be done right this time.

Council Member Almquist commented that eight of the nine last years have provided less moisture on the hillside and there has been minimal disturbance on the north end. He inquired of Mr. Rosenberg if the new design technique will allow for wetter years. He also inquired if the latest maps prepared by geotech and soils professionals would be incorporated into the new design.

Mr. Rosenberg replied that they would be incorporated. He advised that one of the issues to be addressed is that of utility trenches in the blue clay, as they introduce the potential for moisture to flow into the trenches and introduce what is trying to be kept out. The team is trying to come up with a roadbed that can be sealed. Once done, no one will be allowed to get into it. The road will extend from 250 West to the top of the airport. The initial recommendation is that utilities not be allowed in the road; that it be strictly a road and another corridor for utilities be found. Drainage from the hillside will be looked at and it may be dealt with outside of the roadbed itself. The road will be
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April 2, 2009
Page Three

lifted on t he west side to generate some separation with the clay in the road. All options are being looked at. He advised that the hillside ordinance will put some serious constraints on development in this area.

Council Member Almquist commented that the City has worked with all four companies who submitted bids and they have all done good work. He complimented the selection of Desert Hills Construction.

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

Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

Council Member Almquist commented that Desert Hills Construction will respect, to the greatest level, the efforts the City is making in hiring only eligible workers.

SOLE SOURCE PURCHASE:
Consider approval of a sole source purchase of a 6 ABB OVY Substation Reclosure with PCD Control.

Energy Services Director Phil Solomon explained that as part the 2005 energy policy act, the City, as a utility, is required to meet certain reliability standards. When the act was adopted, NERC was required to set up ways to enforce the standards and they assigned all coordinating councils the obligation to enforce reliability standards. The City falls under the West Electric Coordination Council, or WECC. The City has done a good job of meeting requirements, but was randomly selected for a compliance audit this August. Because the City trades power and has generation and transmission, it is obligated to meet 85 standards. One issue is under frequency load shedding which means that if the grid drops, there should be relays in the substation to sense the drop and begin dropping load to keep the frequency where it should be so power is not lost throughout the western grid. Originally UAMPS indicated it would cover the City, but they will no longer do so. This purchase is in the City?s budget for next year, but because of the audit it needs to be installed now so the City does not face penalties. He recommended approval of the purchase in the amount of $105,593.64.

MOTION: A motion was made by Council Member Almquist to approve the sole source purchase in the amount of $105,953.64.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Almquist - aye
Council Member Pike - aye
Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Blackberry Court Phase 2 at 1090 West Baneberry Drive. Austin Anderson, applicant.

City Engineer Jay Sandberg explained that a zone change for this property was recently approved. The property is located in Bloomington where Mulberry and Baneberry connect at a future roundabout. The Planning Commission recommended approval subject to removal of the remainder parcel and with a provision that the remainder parcel be maintained by the property owner. This shall be resolved by the time the final

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April 2, 2009
Page Four

plat is presented to the City Council. Mr. Sandberg explained that eventually the remainder parcel will somehow get attached to an adjacent parcel. Another parcel is in negotiations to tie this part of the subdivision to existing lots. The area has been removed from the floodplain but is within the erosion hazard boundary and new maps have been adopted. There is a large area with erosion protection from the river and an additional setback where the homes will be built. The lots range in size from a quarter acre to one acre. The setback is 35-40 feet and a minimum of 20 feet past where the rip rap is installed.

Deputy City Attorney Paula Houston inquired if the remnant piece is wide enough to be a legal lot.

Mr. Sandberg replied that it is not; it is just a sliver.

Deputy City Attorney Paula Houston advised that a sliver does not comply with the requirements of the ordinance as no one can do anything with it.

Mr. Sandberg replied that a second option is to attach it to a lot, but this is not what the Planning Commission recommended.

Deputy City Attorney Paula Houston advised that the sliver of property would not be legally conforming for any use in the City. The City typically does not approve things that would leave a sliver of property.

Rick Rosenberg stated it would be simpler to leave the sliver of property out of this plat so that only one plat is required to be amended when it is brought in, assuming it is sold to the property to the west.

Deputy City Attorney Paula Houston advised this would create a bad situation and it should be sold before the subdivision is approved.

Community Development Director Bob Nicholson advised that the request could be approved subject to alternatives: the sliver could either be included with the adjacent lot, or sold to the adjacent property owner. He stated that Assistant City Attorney Joseph Farnsworth was concerned that a situation not be created where two plats have to be amended.

Mr. Sandberg explained there will be a roundabout where Mulberry and Baneberry meet. He advised there have been quite a few lots around over the years that have remainder portions attached to them and the owners have had to maintain the remainder portions. He stated he liked Mr. Nicholson?s recommendation to allow options to attach the sliver to an adjoining lot or work it out with the owner before the final plat.

City Manager Gary Esplin commented if it is worked out before the final plat, it will not have to go back through the Planning Commission and public hearing process.

Council Member Bunker inquired if there was a possibility a HOA could be created to take care of the green space.

City Manager Gary Esplin replied creation of a HOA could be a third option.

Deputy City Attorney Paula Houston advised the sliver parcel is not large enough to sustain a HOA; the HOA would eventually dissolve and no one would maintain the sliver parcel.

Rick Rosenberg explained that the owner to the west will have requirements for fill and will have to go through the same process this owner is now going through, but the process will be more complicated because of the Bloomington Wash.

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

Council Member Bunker expressed concern about the rip rap and if the setback was large enough.
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April 2, 2009
Page Five

Rick Rosenberg explained the separation from the river is closer to 1000 feet. The rip rap flood wall will stop a flood, and that is why the applicant is being allowed to move forward.

City Manager Gary Esplin commented an erosion study is different from the floodplain, and the request meets the City ordinance.

Mr. Rosenberg advised the new lots will be better protected than existing lots along the river.

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat subject to the sliver of property being incorporated into the property to the west, or to the property to the south, or put into a HOA.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Bunker - aye
Council Member Pike - aye
Council Member Allen - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss litigation was made by Council Member Pike.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Pike - aye
Council Member Bunker - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

The Mayor and Council then adjourned to the Administration Conference Room for the executive session.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Pike.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Bunker - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

The Mayor and Council then reconvened in the City Council Chambers

TABLE ITEM:
Mayor McArthur again announced that Item 2B to consider approval of an agreement with PBS&J to design the Replacement Airport finish grading and drainage project is tabled from the agenda as additional information is needed.



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April 2, 2009
Page Six

ORDINANCE:
Consider approval of an ordinance amending the interest rate paid on utility deposits.

City Manager Gary Esplin explained that the City currently pays 5% on utility deposits but is not getting that much interest on its own deposits. He suggested the Finance Department be able to determine what the interest rate should be on utility deposits. This rate will be based on the CD rates the City can get from local banks and the State Treasurer?s pool. Right now the City earns less than 2%.

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

Council Member Almquist - aye
Council Member Pike - aye
Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Bunker - aye

The vote was unanimous and t he motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 10, Chapter 7F, St. George City Code, clarifying recently adopted amendments to the RCC zone regulations.

City Manager Gary Esplin explained that the City Council, at its last meeting, approved an ordinance amending uses in the RCC zone, but certain clarifications were not contained in the motion for approval. Those suggested changes are dwelling units shall have frontage on a public street or common green court area, and where a new house is located between two existing homes, the front setback for the new house may be the average of the front setback of the existing homes.

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

Council Member Allen - aye
Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution designating a City representative to be authorized to request funds from the Utah State Treasurer?s Unclaimed Property Division.

City Manager Gary Esplin explained that in order to claim funds being held in the State?s unclaimed property division, someone from the City must be formally designated to obtain those funds. He recommended that the Finance Director and City Treasurer be designated to obtain those funds on the City?s behalf.

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




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April 2, 2009
Page Seven

Council Member Almquist - aye
Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Pike - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held March 24, 2009, recommended that public hearings be scheduled for April 23, 2009 to consider: (1) a zone change from MH6 to PD Residential on 2.62 acres located in the Dixie Downs area at 1425 North Dixie Downs Road; (2) a zone change and zone amendment to rezone approximately 79 acres from OS to PD on land contiguous to and southwest of the existing Hidden Valley master plan and to consider a request to amend the existing PD zoning on approximately 585 acres of the Hidden Valley Master Plan; and (3) a zoning regulation amendment to Title 10, Chapter 10, Section 2, St. George City Code, Commercial Zones, Permitted Uses, to amend uses in the C-1, C-2, C-3 and C-4 zones.

MOTION: A motion was made by Council Member Allen to set the public hearings as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Allen - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

REQUEST FOR PD TIME EXTENSION:
Consider a request for a time extension on the PD Residential zoning for the proposed Trails development located at approximately 4200 North Highway 18. Stacy Young, applicant.

City Manager Gary Esplin explained that this will be the applicant?s second time extension due to the economy. He recommended approval.

MOTION: A motion was made by Council Member Pike to approve the request.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Almquist - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

SIGN CODE VARIANCE:
Consider a request for a sign code variance for the historic Thompson home at 212 North 100 West to allow a second free-standing sign. Jeff Madsen, applicant.

City Manager Gary Esplin advised that the Sign Review Board denied the request. The applicant was not present and has asked that the City Council rehear the request.

Mayor McArthur expressed concern that approval of the request would open it up for all historic sites to have two signs.


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April 2, 2009
Page Eight

City Manager Gary Esplin commented the difference with this request is that the applicant?s present sign is only half the size allowed, and the two signs together would equal the allowed square footage for just one sign.

Community Development Director Bob Nicholson commented the applicant?s goal is to have a duplicate sign.

Council Member Gail Bunker advised that the Sign Ordinance was established for the specific reason that the beauty of the downtown is not cluttered with signs. She stated she did not think that having two signs would bring any more people to the Inn. She stated that while the sign is tasteful, she could not imagine that the applicant would want to put up a larger sign if the City Council does not approve two signs.

Mayor McArthur suggested that the one sign have writing on both sides.

Council Member Bunker commented she hated the idea of setting a precedent and changing the ordinance for this request.

Council Member Allen commented she felt the signs are tasteful and did not see a problem with the request. She stated the signs would be helpful for tourists looking for the Inn.

City Manager Gary Esplin commented that the precedent would only apply to historic landmark homes. The City wants to encourage landmark sites and help businesses. The trade-off is two smaller signs instead of one larger one. This property is also located on a corner lot, and in his opinion would not be a precedent, and each request could be based on individual circumstances.

Council Member Almquist suggested that the signs be lowered as they are taller than they need to be.

Jeff Madsen, applicant, advised that the ordinance allows one sign 24 sq. ft. in size and not to exceed 6' in height. The idea is to divide the size and install two signs.

Mayor McArthur inquired how many people will stay at the Inn based on the sign.

Mr. Madsen replied there is no on-site management. It is a vacation rental. He advised he wanted to make sure the signs can be seen easily for those searching for the Inn.

Council Member Pike inquired of Mr. Madsen what he thought of Council Member Almquist?s suggestion to lower the signs by a foot, as they look tall from the street.

Mr. Madsen replied he would look at it, but there are signs across the street higher than 6'.

Council Member Almquist commented that as a practical matter, the signs are not at eye level as one drives by the Inn, and they would be better seen if they were lowered by a foot.

Mr. Madsen replied he would have no problem doing that if it makes sense.

Council Member Bunker expressed concern about going against the City?s own ordinance in order to make a concession for this project. She stated she felt the sign was more for identification than directional and that a negative precedent would be set. She stated the ordinance was put in place to prevent cluttering of neighborhoods by signs.

Mr. Madsen replied he understood why the ordinance was put in place and he agreed with its intentions, and if he thought his signs were cluttering the neighborhood, he would not want them either.

Council Member Shakespeare inquired if it would be possible to allow only one sign for a year to see if patrons can find the Inn.



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April 2, 2009
Page Nine

Mayor McArthur commented that the sign should be on the street the address is on so it can be located easily.

Mr. Madsen commented that he represented a group of owners and they think two signs are best.

MOTION: A motion was made by Council Member Allen to approve the sign code variance and allow two signs based on the fact that the signs are each half of the size limit, and the property is a historic home located on a corner lot in the downtown district.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Allen - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - no
Council Member Bunker - no

The motion carried.

AGREEMENTS:
Consider approval of a long term contract for sale or purchase of natural gas.

and

Consider approval of an operational agency agreement with BP Energy Company for natural gas scheduling and management.

Energy Services Director Phil Solomon explained that the City has an agreement with IGI who was bought out by British Petroleum and then bought out by Wasatch Energy. The contract with IGI limits the City to three to five year deals. The City has been currently working with British Petroleum longer than five years. The proposed agreement has been reviewed by the City Attorney. There are still a few small legal items to be worked out and he recommended approval be made subject to legal review and approval. The agreement will allow the City to trade with British Petroleum for a term longer than five years. Each deal negotiated with them will be brought to the City Council for approval.

City Manager Gary Esplin explained that the agreement will allow the City to use British Petroleum to negotiate for contracts. The other operating agreement sets them up as gas managers for transactions.

Mr. Solomon commented that the City is a good credit risk, and British Petroleum is a very stable company.

MOTION: A motion was made by Council Member Almquist to approve both agreements subject to approval by the Legal Department.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Almquist - aye
Council Member Pike - aye
Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a long term power purchase agreement with Two Elk Generation Partners.



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April 2, 2009
Page Ten

City Manager Gary Esplin explained this agreement is for a coal project in Wyoming and is part of the model the City is trying to do to balance its portfolio. The agreement is for 30 years.

Energy Services Director Phil Solomon advised the agreement is for a period of 30 years with a right to extend.

Mayor McArthur advised the agreement will provide 30 MW of power during the winter and 30 MW during the summer.

City Manager Gary Esplin advised it will help to manage the City?s loads and peaks.

Mr. Solomon explained there is no ownership risk, and the only risk to the City is if the facility does not generate enough power, the City will have to find it elsewhere.


Council Member Pike commented that if the cap in trade program being federally proposed goes into effect, everyone needs to understand that the increase will be passed on to the ratepayers.

Mr. Solomon advised that the cap in trade program will hurt the midwestern states, and an analysis was done which shows that for the State of Utah, on a per capita basis, there will be a $1200 a year increase just for energy, which amounts to a 325% rate increase. Mr. Solomon asked that the agreement be approved contingent on final legal review.

Council Member Bunker inquired about the City?s dependency on coal.

Mr. Solomon replied that in 2010 it will be 42-44% which is a lot better than other cities.

MOTION: A motion was made by Council Member Bunker to approve the agreement subject to legal review and approval.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Bunker - aye
Council Member Pike - aye
Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a federal aid agreement with UDOT for an I-15 Milepost 8 study.

City Manager Gary Esplin explained Milepost 8 is located at Red Cliffs Drive and River Road. There are no sidewalks in this location, and UDOT will do a sidewalk study. The City?s share is $28,000 for the study which will also look at the entire interchange to see if it is operating at maximum efficiency.

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

Council Member Bunker - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

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April 2, 2009
Page Eleven

AGREEMENTS:
Consider approval of a reimbursement agreement with the FAA to provide scoping, design, advance engineering and coordination services to establish navigational facilities at the Replacement Airport.

and

Consider approval of a reimbursement agreement with the FAA to relocate the REIL lights to the Replacement Airport.

and

Consider approval of a reimbursement agreement with the FAA to relocate the AWOS from the existing airport to the Replacement Airport.

City Manager Gary Esplin explained that all three agreements are related to the new airport and navigational aids and facilities. Approval of the agreements will authorize the FAA to do the studies.

Airport Manager Rick Crosman advised approval of the reimburseable agreements will allow the FAA to do design engineering and relocate existing aids from the old airport to the new airport or place new aids at the new airport. The agreements are in the amounts of $25,300, $161,027, and $54,600, respectively.

City Attorney Shawn Guzman advised he had not reviewed the agreements.

MOTION: A motion was made by Council Member Pike to approve all three agreements subject to legal review.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Allen - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

AMEND ACTION/ORDINANCE:
City Attorney Shawn Guzman asked that the City Council amend action taken on Item 4A to consider approval of an ordinance amending the interest rate paid on utility deposits to specify a 2% interest rate to be paid on deposits.

MOTION: A motion was made by Council Member Bunker to amend the previous action taken to set the interest rate paid on utility deposits at 2%.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Almquist - aye
Council Member Pike - aye
Council Member Allen - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 5, Chapter 5, Article A, St. George City Code, relating to a curfew for minors.





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April 2, 2009
Page Twelve

City Attorney Shawn Guzman explained the City currently has a curfew ordinance and minor changes are being recommended. One of the changes is to clarify that a responsible adult is either a parent or guardian. Other wording will be added to exempt anyone who is exercising their constitutional rights.

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

Council Member Allen - aye
Council Member Pike - aye
Council Member Bunker - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance enacting Section 6-1-3, 6-1-4, and 6-1-5 of the St. George City Code adopting new motor vehicle regulations.

City Attorney Shawn Guzman explained the various recommended changes with regard to improper lookout and cutting corners.

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

Council Member Pike - aye
Council Member Bunker - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Almquist.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Almquist - aye
Council Member Pike - aye
Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Allen - aye

The vote was unanimous and the motion carried. The meeting adjourned at 7:00 p.m.




______________________________________
Gay Cragun, City Recorder