City Council Minutes

Thursday, July 2,2009



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

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He advised that a flag raising ceremony on Pioneer Road by the Chevron will take place Friday evening, July 3, with a 5K and breakfast in the Bloomington Park on the morning of July 4. The pledge of allegiance was led by Scout Mitchell Smith, and Mayor McArthur offered the invocation.

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

Community Development Director Bob Nicholson introduced Tiana Larsen, a SUU student who interned in the Community Development Department the past seven weeks. Ms. Larsen presented the Mayor and City Council with a history and photo documentation of historic sites within the City which she compiled during her internship.

AWARD OF BID:
Consider award of bid for steel structures and switches for the Millcreek #2 generator addition project.

Purchasing Manager Connie Hood explained Theobald Construction is the sole source provider so the poles will match the ones already installed. The cost is $110,385.

Energy Services Director Phil Solomon explained that when the first phase of the Millcreek gas generation project was built there were also plans to expand the plant several times. The connection to the south has to be matched, so it is recommended that Theobald Construction be used.

Mayor McArthur commented that Theobald Construction is a local supplier.

Mr. Solomon continued saying that 65% of the concrete has been placed, the turbine generator foundation has been poured, and the turbine will be shipped the end of July. The power transformer will be here the third week of July. The City purchased all of the large equipment itself to save money on taxes and the project is currently $2.2 million under the target price because of the down economy.

Mr. Solomon advised that the House vote on the cap and trade passed by a vote of 213 to 219. The Colorado River power organization, of which the City is a part, has analyzed the bill passed by the House and sent comments to all members. The City of St. George will be in better shape than most because its power portfolio is diverse with gas and coal. There will be significant rate increases for the rest of Utah.

MOTION: A motion was made by Councilmember Pike to award the bid to Theobald Construction in the amount of $110,385.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

St. George City Council Minutes
July 2, 2009
Page Two

AWARD OF BID:
Consider award of bid for Palmer IV Prelude IV rye grass seed for the golf courses.

Purchasing Manager Connie Hood explained this is the annual purchase of grass seed. Bid packages were sent to five vendors and there were three responses. She recommended award of the bid to the low bidder, Helena, for 77 tons in the amount of .895 cents per pound or $137,830.

MOTION: A motion was made by Councilmember Bunker to award the bid to Helena in the amount of $137,830.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 10, Chapter 10, Section 2, St. George City Code, to delete ?landscape rock sales yard? as a conditional use in the C-3 zone and add ?landscape rock sales yard? as a permitted use in the manufacturing zone.

Community Development Director Bob Nicholson explained the current code. The proposed ordinance will not permit landscape rock sales yards in any commercial zones, but a new category be added incidental to the permitted use in a quantity of less than 500 pounds per load. It is felt this would be incidental to the permitted uses in C-3 zones. It is recommended that landscape rock sales yards be permitted in M-1 zones.

Councilmember Bunker commented that a lot of rock could be stored if everyone is allowed 500 pounds.

City Attorney Shawn Guzman replied that ?bulk? had to be defined and limiting the load makes it difficult for someone to come in for multiple loads. This will not be feasible in 500 increments because it will require a lot of rock to be stored.

Mayor McArthur commented the ordinance can be changed if there is a problem, but it is a good compromise.

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

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 10, Chapter 19, Section 4, and Title 10, Chapter 7C, Section 7, and Title 10, Chapter 8, Section 5, St. George City Code, to add a requirement for guest parking.

City Manager Gary Esplin advised that the public hearing on this item was held at the last City Council meeting and closed.


St. George City Council Minutes
July 2, 2009
Page Three

Community Development Director Bob Nicholson reviewed background information and proposed language. He explained it was important to have flexibility because not every project will need guest parking. The City Council will have the opportunity to waive this requirement.

Councilmember Shakespeare commented that the City Council values the opinions of department heads. She asked the Fire Department to share their concerns.

Fire Marshall Kevin Taylor explained the Fire Department has had parking concerns in PDs. If the developments are at capacity, there is an issue with parking. There is seldom a week that the Department does not field a complaint about parking in a PD in all areas of the City. If the PD is at capacity, two stalls per unit is not enough and there should be additional parking. Developers push the access lanes to very small tolerances to maximize use of the land.

Mayor McArthur inquired if this problem had been address by requiring 20' setbacks for driveways.

Mr. Taylor replied there will always be issues with the old standards in PDs. The real issue is if the public street will accommodate parking. The private streets are too narrow and parking has to be restricted to one side. He stated that unless the City mandates guest parking, only a few developers will provide it.

Councilmember Shakespeare commented the City is creating its own problems by allowing narrow roads. The purpose of a PD is to have a stable and desirable community, but safety has been taken out of the equation. She suggested that the City Council meet with staff to review development plans for safety. She advised that the proposed ordinance is a start. She suggested that a questionnaire be developed so that CAT team members can poll residents in PDs about their quality of life. If a development solves safety problems and passes the Fire Department, then it also solves quality of life issues, as the two go together.

Fire Marshall Kevin Taylor stated he felt the proposed ordinance is an excellent start, as most developers will recognize the value of having a functional development, but a few may not have the foresight to see what the City is asking for. The Fire Department will do its best to look out for safety issues, and it has never asked for more than is needed.

Mayor McArthur inquired if the Fire Department ever had to drag a car out of the way.

Mr. Taylor replied that they have had to battle around them and this is time consuming. They have had to drag lines a couple of hundred feet further than they normally would have to. Some streets are so narrow that if a car is parks on one side of the street, there is a problem even opening the bins on the fire truck.

Councilmember Shakespeare commented the City needs to look at requiring 40' of asphalt for all its roads so that cars can park on both sides of the road and there is still room for a fire truck to pass. This is a safety issue.

Mr. Taylor commented that if some developments were at full capacity, vehicles will be parking on the streets. He advised that in the Sun River area complaints were received about RV parking in the streets, but this issue has been taken care of.

Councilmember Pike commented that the proposed ordinance is a good start, as the City does not even have a requirement for guest parking at the current time.

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

Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.
St. George City Council Minutes
July 2, 2009
Page Four

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Open Space to R-1-10 on 0.42 acre located at approximately 1090 West Baneberry Drive adjacent to the Bloomington Gardens Subdivision. Blaine Webber, applicant.

City Planner Craig Harvey explained when the applicant previously came in for a zone change for Blackberry Phase 2, the City Council had concerns about a remainder piece of property and asked the applicant to figure out something to do with it. The solution has been to purchase the property and incorporate it into adjacent lots. The Planning Commission recommends approval.

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

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

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND PD/ORDINANCE:
Public hearing to consider an amendment to the Planned Development Commercial zone located west of the U. S. Post Office on Riverside Drive to revise the site plan. Rich Lewis, applicant.

City Planner Ray Snyder explained the subject property is a vacant lot part of McArthur Landing. He reviewed the history of the site. The applicant proposes five pads for five buildings, one one-story building, three two-story buildings, and one three-story building. The Planning Commission recommends approval. No changes have been made to the use list. The applicant requests that his request be approved, and that the original zone change approved in 2008 also remain in effect. The Planning Commission felt this would set a bad precedent. The Legal Department advises that once a zone change is approved, it supercedes any previous zone change. If approved, the applicant would like the ability to combine buildings 4 and 5 into one building with the same square footage. The Planning Commission felt staff can determine whether this is a significant change or not.

Councilmember Shakespeare commented that the previous approved use was for an assisted living center. She inquired what the use would now be for.

Mr. Snyder replied he thought it would be professional office.

Rob Reid, representing the applicant, advised that building 1 is sold and will be a surgical center. It is anticipated the remaining four buildings will be professional office with the exception of assisted living if zoning supports the use and staff does not deem it a significant change,

City Manager Gary Esplin advised that any building over 25,000 sq. ft. requires City Council approval.

Community Development Director Bob Nicholson commented that this is a PD.

City Manager Gary Esplin advised that the City Council cannot give a blanket approval to a PD without seeing exactly what the PD will contain.

Rob Reid advised the applicant does not want to have to go through the approval process if the site plan is changed.




St. George City Council Minutes
July 2, 2009
Page Five

City Manager Gary Esplin replied that this is a requirement and the intent of a PD. A PD site plan cannot be changed without going through the public hearing process so the neighbors can see what will be built.

Mayor McArthur commented that changing the look of a building in a PD has always constituted a significant change.

City Attorney Shawn Guzman advised the applicant has two choices - proceed with approval on the project as presented now, or bring it back with the changes.

Mr. Reid advised that the present request is the preferred layout. The applicant is trying to keep his options open.

Councilmember Almquist commented there appeared to be a continuous bank of parking stalls without islands for shade trees on the ends. He inquired if this was a requirement in a PD.

Community Development Director Bob Nicholson replied there is a requirement for parking lot landscaping and staff will have to check this.

Councilmember Almquist commented he did not think that continuous regimented parking without a break-up of the heat island by landscaping was allowed.

Mr. Reid replied that the project meets minimum landscaping requirements and they have 3-5 extra spaces. If the plan does not meet the ordinance and there is a need to break up the parking, there is that capability.

Mayor McArthur opened the public hearing.

Community Development Director Bob Nicholson advised that 5% of the interior parking lot has to be landscaped.

Ed Baca inquired if a traffic study was required due to traffic flow onto Riverside Drive.

Councilmember Allen replied that the road the applicant built along the trail system behind the project has helped tremendously.

City Manager Gary Esplin advised that the amount of square footage is not changing, just the building location. This should not change the amount of use.

David Summerhays advised he lives across the street from the proposed project and inquired if the assisted living center as presented in the 2008 plan is still an option.

Mayor McArthur replied that it was not.

Mr. Summerhays advised he also represented a person who lives immediately opposite building 2 and the concern is the height of the building.

Mayor McArthur replied that according to the ordinance any building can be built to 35' in height.

Rob Reid replied that building 2 is three feet lower than the curb and gutter on Riverside Drive and it will probably be in the 25'-26' range.

Mr. Summerhays stated that the site diagram shows parking stalls over the top of the road.

Councilmember Almquist replied that this is not a road, it is a pass-through parking spot through a commercial area.

City Manager Gary Esplin advised it is a secondary access for public safety.

Mayor McArthur explained this pass-through was built as a secondary access to the post office and banks and there will be parking on it. This pass-through was built by the applicant at the City?s request, and it has been very helpful.

City Manager Gary Esplin inquired if there would be a deceleration or acceleration lane.

St. George City Council Minutes
July 2, 2009
Page Six

Rob Reid replied there is a deceleration lane for eastbound traffic, but no acceleration lane.

Mr. Summerhays inquired if there is a difference in traffic load between the current proposal and previously approved proposal.

Mr. Esplin replied that the two plans have the same square footage.

Mayor McArthur suggested the site plan be looked at as there is need for an acceleration lane on Riverside Drive.

Duane Parker advised he lives across the street in Southfield Estates and is concerned there is no traffic light at the intersection that crosses from 1100 East onto Riverside Drive.

City Manager Gary Esplin replied that traffic lights are placed only after meeting federal standards. There is already a light on River Road and this intersection may be too close to support another traffic light, but staff will look at it.

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

MOTION: A motion was made by Councilmember Bunker to approve the amended PD as presented with the restrictions recommended by the Planning Commission.

City Manager Gary Esplin suggested that staff work with the applicant on the parking lot layout.

AMENDED MOTION: Councilmember Bunker amended her motion to also include a stipulation that the applicant work with City staff on the parking lot layout and also address the acceleration lane.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning an easement located on Lot 3 in the Woods at Valley View Subdivision at 529 South Woodsview Cr. Shear Wall Development, applicant.

City Manager Gary Esplin explained that the applicant will substitute another easement.

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

Councilmember Allen - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the use of Town Square July 23, 2009 by the Red Rock Center for Independence. James Starks, applicant.

City Manager Gary Esplin stated that this is the type of community event the City hoped would use the facility. The applicant also requests a fee waiver. Staff feels good about the


St. George City Council Minutes
July 2, 2009
Page Seven

request and this event has not required any additional clean-up in the past. The recommendation is to waive the fee.

MOTION: A motion was made by Councilmember Allen to approve the special event permit and fee waiver.
SECOND: The motion was seconded by Councilmember Bunker.


Jim Starks, applicant, advised the purpose of the event is to spread awareness for the ADA. The event is planned to be bigger than in past years. He requested permission to locate two to three food vendors in the parking lot behind the Tabernacle.

Mayor McArthur advised in the past when this location has been used food has been spilled on the brick and stained it. This is the reason all the food has been moved to the other end.

City Manager Gary Esplin commented that locating the food in this area would set a bad precedent and the City has held firm in the past.

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

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

Mr. Starks also requested permission to locate a banner on the lawn on Main Street in front of the splash pad.

Mayor McArthur replied this could not be allowed as others have not been allowed to do so.

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held June 23, 2009, recommended approval of a road dedication plat for 270 East and 1670 South located on the north, east, and south sides of the Dixie Center. The Planning Commission also recommended re-approval of the final plat for Blackberry Court located at Mulberry Drive and Lupin Way.

MOTION: A motion was made by Councilmember Almquist to approve the road dedication plat and final plat for Blackberry Court.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a gazebo in the rear yard at 2177 East 2480 South to a height of 20' to the roof peak. Walter Brichaux, applicant.

City Planner Craig Harvey explained that the site is zoned RE-12.5. The ordinance requires any accessory building over 15' to obtain a conditional use permit. The gazebo has been partially constructed. The yard steps down so the gazebo does not stick up too much. The purpose for the gazebo is to improve the property. It is located 15' from the home, 5' from the sideyard property line and 10' from the rear property line. The Planning Commission recommends approval. He then read the Planning Commission?s findings.



St. George City Council Minutes
July 2, 2009
Page Eight

MOTION: A motion was made by Councilmember Shakespeare to approve the conditional use permit.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct an RV, boat and mini self-storage facility at 361 North Dixie Drive in a C-3 zone. Jeff Chapman, applicant.

City Planner Ray Snyder explained zoning is C-3. He presented the building design conceptual site plan and explained that anything over 20,000 sq. ft. needs to be reviewed. The request consists of two conditional use permits and a building design. The conditional use permits are for self-storage and RV storage. Several residents in the area wanted to know what is happening with the wall. A commercial project has to have a 6' privacy wall, and this will be done. However, Development Services will work with the applicant and neighbors to make sure there is no dead zone between the existing walls. The applicant will work with the Parks Department to improve and install a piece of the trail system. Heights of the buildings will be 20-29'.

Councilmember Shakespeare inquired that neighbors want to know if trees will be planted along the wall to hide it since there is blue clay in the area.

Mr. Snyder replied that there will be a drip system to water the trees and care will be taken to watch how much water is put on the hillside due to the blue clay.

Councilmember Bunker inquired about noise from loading in the early hours.

City Manager Gary Esplin replied the property is zoned C-3 and was zoned C-3 long before adjacent residential projects.

Mayor McArthur commented the subject site is a difficult piece to work with.

Jay Sandberg advised that the applicant has agreed to grade the trail and dedicate property for the trail, but will not pave or landscape the trail. The applicant has left a 16' wide flat area for the trail.

Councilmember Shakespeare inquired if all the areas of concern in Mr. Kirkham?s letter had been addressed.

Mr. Snyder replied that Mr. Rosenberg has addressed each item in the letter.

Jay Sandberg advised that one of the issues raised in Mr. Kirkham?s letter is a wetland issue. Years ago there was a lot of vegetation, but the applicant went through a lengthy process to obtain clearance to fill the property and has worked hard to lower the building adjacent to the residential units as much as possible.

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye


St. George City Council Minutes
July 2, 2009
Page Nine

The vote was unanimous and the motion carried.

HILLSIDE PERMIT:
City Planner Ray Snyder explained the request is for a hillside permit for construction of a 25' right-of-way and excavation for a future 4 million gallon water tank located east of the I-15 freeway and Astragalus Drive, generally in the vicinity of the old Visitor?s Center site south of the Hidden Valley development. The existing steel tank will be removed. The new tank will be an in-ground concrete tank. The 25' right-of-way will also serve as a natural walking trail. The Hillside Review Board?s main concern was that any cuts comply with the Hillside Ordinance and visibility from Sun River and the freeway. The best possible site was chosen. The applicant is the City. The site is 3.9 acres.


Councilmember Almquist explained at the Hillside Review Board meeting a motion to approve the request was made, but the motion was denied. It was then agreed that the motion would be allowed to stand with review and amendment at a later date.

Mr. Snyder advised that the Planning Commission recommended approval subject to 11 conditions, which he then read.

Scott Taylor, City Water Department, stated staff would have preferred a 50' access to the site, but SITLA made it clear there would be only a 25' easement. Staff worked with SITLA to pick out the best site with the least visibility for most of the community.

Councilmember Bunker inquired if the trail could be used if not dedicated or connected to the City trail system.

City Manager Gary Esplin replied that the trail can be used.

Councilmember Almquist commented when the Hillside Review Board initially met, he was against placing the tank in the proposed site because it was said the water would be needed some distance away. The Hillside Review Board felt responsibility to make sure this site is the right one. All of the Hillside Board?s fears were not put aside, hence condition #11 requiring excavation in the 25' right-of-way to occur in a responsible manner with all work stopped if excavation occurs outside of the guidelines until successfully mitigated. He stated it was important there be complete supervision of every rock turned as the road leading up has the potential of showing some impact on the hillside which now is fairly pristine.

MOTION: A motion was made by Councilmember Bunker to approve the hillside development permit subject to the stipulations of the Hillside Review Board.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Almquist - no

The motion carried.

AGREEMENT:
Consider approval of a local government agreement with UDOT for the Hilton Drive/Black Ridge Drive project.

City Manager Gary Esplin explained the project is a federal aid project and the agreement covers construction management with Sunrise Engineering in the amount of $142,500.

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

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Bunker - aye

St. George City Council Minutes
July 2, 2009
Page Ten

Councilmember Almquist - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

Project Engineer Cameron Cutler advised bids for the Hilton connection will be advertised July 28.

AGREEMENT:
Consider approval of a proposal from Jacobs Engineering to design the West Black Ridge secondary access road.

City Manager Gary Esplin explained this project is the road to the existing airport which the City needs to build under its contract with Anderson Development.

Mayor McArthur commented that the road will follow the City?s preferred alignment.

MOTION: A motion was made by Councilmember Allen to approve the agreement with Jacobs Engineering in an amount not to exceed $121,199.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a reimbursable agreement with the FAA for NAVAIDs at the Replacement Airport.

City Manager Gary Esplin explained the Mayor is responsible for obtaining this money for the VOR and Navaids for the new airport.

Airport Manager Rick Crosman explained that of the $3 million in pass-through funds, the City will be reimbursed $2.7 million for designing and acquisition of equipment.

City Manager Gary Esplin explained that due to a grant, the City?s match will be $100,000.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an amendment to the contract with Jacobs Engineering for program management services at the Replacement Airport.

Airport Manager Rick Crosman advised that an additional $3.5 million is needed to continue program management services at the Replacement Airport. Specific work has been negotiated and the City asked the FAA to review the negotiated scope of work and they concur. He recommended approval subject to legal review and final structuring of the agreement with the Legal Department.

Mayor McArthur inquired who would be overseeing the agreement.


St. George City Council Minutes
July 2, 2009
Page Eleven

Mr. Crosman replied that he would. Monthly reports will be required along with actual costs and tasks completed. He advised that nothing beyond this agreement will be done without obtaining approval from the City Council.

City Manager Gary Esplin advised that Budget and Financial Planning Manager Deanna Brklacich will also be monitoring expenses and keeping track of all tasks agreed to by the FAA to make sure that the hours spent on tasks are close to the agreement and Jacobs is using the people who they said they were going to use as far as per hour rates. Staff will keep the City Council better informed.

MOTION: A motion was made by Councilmember Pike to approve the agreement in an amount not to exceed $3.5 million.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:


Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
Appointments to various boards and commissions of the City.

Mayor McArthur advised that Sid Atkin, Heber Jones and Allen Jacobi were appointed to the Public Art Committee at a previous meeting. He advised at that time their terms were to be set at a later date. He set the terms of Sid Atkin and Heber Jones at three years, and Allen Jacobi at one year.

APPROVAL OF MINUTES:
Consider approval of the minutes of the May 21, 2009 City Council meeting.

MOTION: A motion was made by Councilmember Bunker to approve the minutes as amended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the June 4, 2009 City Council meeting.

MOTION: A motion was made by Councilmember Almquist to approve the minutes as presented.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Shakespeare - yea
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the June 16, 2009 City Council meeting.



St. George City Council Minutes
July 2, 2009
Page Twelve

MOTION: A motion was made by Councilmember Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the June 18, 2009 City Council meeting.

MOTION: A motion was made by Councilmember Almquist to approve the minutes as presented.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

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

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Shakespeare.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.



_____________________________________
Gay Cragun, City Recorder