City Council

Thursday, May 6,2010
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 6, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Gil Almquist
Councilmember Jon Pike
Councilmember Ben Nickle
Councilmember Gloria Shakespeare
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 then led the pledge of allegiance to the flag. The invocation was offered by Pastor Jimi Kestin. Mayor McArthur advised that Item 6C to consider a request to purchase City property at 2350 East 3000 South in the Little Valley area is not a public hearing.

Mayor McArthur read and signed a proclamation proclaiming the first week in May as Youth Week. He then presented the proclamation to Terry Jones, Youth Activity Director for the Elks Lodge, and the Grand Exalted Ruler.

Mayor McArthur read and signed a proclamation proclaiming May as Foster Care Month and presented it to Debbie Hofheins. Ms. Hofheins requested permission to hang a Foster Care Month banner on the fence at the Bluff Street Park.

MOTION: A motion was made by Councilmember Almquist to grant permission to hang the Foster Care Month banner on the fence at the Bluff Street Park during the month of May.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Gary Webster, Assistant General Manager for the Roadrunners professional baseball club, introduced the new manager, Darrell Evans. They invited the Mayor and Council to attend opening night, May 21 at 7:00 p.m. and invited Mayor McArthur to throw out the first pitch.

Deborah Reeder, St. George Art Museum Curator, presented a power point presentation on the new exhibits at the museum. She requested permission to offer free admission to the art museum to active military personnel and their families from Memorial Day through Labor Day.

MOTION: A motion was made by Councilmember Bunker to offer free admission to the art museum to active military personnel and their families from Memorial Day through Labor Day.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Energy Services Director Phil Solomon explained that the City received the platinum member award from the Reliable Public Power Providers organization. He introduced Power Department employees. Dennis Jorgensen advised that only 12-13 utilities have
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May 6, 2010
Page Two

earned the diamond level and the City is only three points away from achieving this level.

Conservation Coordinator Ren Fleming advised that Water Week is celebrated state-wide the first week in May and the City will also celebrate it with various open houses at its facilities and a Garden Fair at the Demonstration Garden on Dixie Drive.

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

Mayor McArthur reported on his recent trip to Guatemala with the Rotary Club.

Mayor McArthur again announced that Item 6C to consider a request to purchase City property at 2350 East 3000 South is not a public hearing.

AGREEMENT:
Consider approval of a utility relocation agreement with UDOT.

City Manager Gary Esplin explained this utility relocation is part of the Dixie Drive Interchange project with UDOT. UDOT asked the City to be the lead agency to work through relocation of all power lines. UDOT is paying the total cost of the project and the City has no exposure at all.

MOTION: A motion was made by Councilmember Bunker to approve the agreement.
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 Nickle - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for 750 primary EPR underground cable for the Dixie Drive project.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Northern Power, in the amount of $93,600.

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

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for Dixie Drive Interchange pole realignment construction.

Purchasing Manager Connie Hood explained four bids were received. She recommended award of the bid to the low bidder, Wasatch Electric, in the amount of $328,741.

Councilmember Pike commented that this pole realignment project will be funded totally by UDOT.


MOTION: A motion was made by Councilmember Bunker to award the bid to Wasatch Electric in the amount of $328,741.
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May 6, 2010
Page Three

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 Nickle - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

AWARD OF BLANKET PURCHASE ORDER:
Consider award of a blanket purchase order for Federal switchgear.

Purchasing Manager Connie Hood recommended approval of the annual blanket purchase order to Codale Electric in an amount not to exceed $100,000 for the year. She advised that Codale Electric is now a sole source provider.

MOTION: A motion was made by Councilmember Shakespeare to award the blanket purchase order to Codale Electric in an amount not to exceed $100,000 for the year.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

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

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Helena, in the amount of $1700 per ton for a total of $125,800. This seed will be used for all the golf courses, ballfields and cemeteries. Helena is now a local vendor. The price went down 5.3% from last year.

MOTION: A motion was made by Councilmember Shakespeare to award the bid to Helena as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order for additional improvements in the paving and lighting project at the Replacement Airport.

Purchasing Manager Connie Hood advised the amount of the change order is $1,906,020.

City Manager Gary Esplin explained the correct amount is $1,791,479 for widening of Taxiway B and other improvements as discussed previously. This extra work is still within the overall budget of $160,000,000 for the airport.

MOTION: A motion was made by Councilmember Nickle to approve the change order in the amount of $1,791,479.
SECOND: The motion was seconded by Councilmember Almquist.

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May 6, 2010
Page Four

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PLAT AMENDMENT:
Public hearing to consider approval of a plat amendment to adjust the lot lines between Lot 32 of Artesia Terrace Subdivision and Lot 7 of Augustus Point Subdivision and to realign the public utility easements along the new lot lines. Ben Shakespeare, applicant.

Councilmember Shakepspeare declared a conflict of interest and left the dais.

Community Development Director Bob Nicholson displayed exhibits of the current lot configuration. He explained that the individual lot owners want to adjust the boundaries. At the time of subdivision platting there was not good coordination between the two subdivisions and easements did not correspond with lot lines. The request has been reviewed by staff and the Planning Commission and both recommend approval. Approval is also needed to amend the plats and abandon the easements. New easements will be dedicated as part of the plats.

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

MOTION: A motion was made by Councilmember Almquist to approve the plat amendment and realignment of easements.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Councilmember Shakespeare returned to the dias.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change on a portion of lot from Open Space to R-1-10 located at 1443 W. Fairway Road. Paul Linford, applicant.

City Planner Craig Harvey explained the owner would like to change a portion of his property currently zoned Open Space to R-1-10 in order to put a small storage structure on the property. The Open Space zone does not allow this. There are two options - to rezone the entire property, or rezone just enough to allow the applicant to build the structure. The Planning Commission recommended that only the portion of the lot needed for the structure be rezoned. Only 3'10" of the structure will be above street level and the views of neighbors will not be obstructed.

Paul Linford, applicant, advised that he spoke with developers in the area and none could recall an instance where a residential lot had two zoning classifications imposed upon it. He stated he felt discriminated against because his lot had dual classifications. He stated he has gone to a great deal of expense to create a sideyard that will beautify the area. There will be no obstructions to neighboring views. The grade has been dropped eight feet below street level and he has no intention of building anything to obstruct views of the golf course or Arizona strip. He stated he wanted to enjoy the same zoning class as his neighbors and is willing to record an addendum to his deed that would restrict the lot from ever being subdivided or building anything over 4' high.



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May 6, 2010
Page Five

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

City Manager Gary Esplin commented that this particular parcel of property was not part of the original Bloomington subdivision. A number of years ago the City was contacted by the Bloomington Country Club who wanted to subdivide properties to generate income. When they were developed they were sold as golf course frontage, even though they did not have frontage. Some lots which were proposed were not approved. A few lots had restrictions with double zoning. There are other lots in the City with dual zoning, such as lots along the river, etc. The Planning Commission thought their recommendation served the applicants purpose and keeps intact the integrity of the previous agreement with the Bloomington Country Club and residents when the public hearing was held. Staff supports the Planning Commissions recommendation.

MOTION: A motion was made by Councilmember Nickle to approve the Planning Commissions recommendation to rezone a portion of the property to allow Mr. Linford to build his building while keeping the remainder in Open Space.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change for all of Block 30, Plat B, St. George City Survey, from R-1-C to RCC, consisting of approximately 6.2 acres located between 300 South and 400 South and between 400 East and 500 East. James and Karen Nicks, applicants.

City Planner Craig Harvey explained this block is the only block in the City zoned R-1-C and is a single family conservation zone. There are, however, quite a number of multi-family homes on the block. Both the RCC and R-1-C zones are medium density residential. The R-1-C zone allows only single family homes on lots of 8,000 sq. ft. or larger. In the RCC zone, duplexes or other multi-family dwellings are designated as conditional uses and must meet certain design standards. The primary purpose of both the R-1-C and RCC zones is to preserve the downtown character of the zones. Neighbors are concerned that if the zone is changed, then more duplexes will be built on the block. There are only four lots in the entire block on which duplexes could be built. Two petitions were circulated, with 57% of the property owners agreeing with the zone change request, 16% against the zone change, and 27% not signing the petition at all. The Planning Commission recommends approval.

James Nicks, applicant, explained he purchased the house from a friend and then found out there were a number of problems with the home and it had to be torn down. He is now upside down in the property. The neighborhood will not retain the value of a single family home and he would like to obtain a conditional use permit to build a duplex on the property. He stated he was planning on potentially living in one of the duplexes if he could obtain the financing.

Mayor McArthur opened the public hearing.

Connie Stewart commented there are already parking problems on the block caused by multi-family dwellings. She stated she wanted the R-1-C zoning to remain in place.

Georgia Barker commented that multi-family dwellings create parking problems. She urged the Mayor and City Council to deny the request.

Sharon James read a statement in opposition to the request.

Dick Werner expressed opposition to the request because of its possible effect on property taxes.

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May 6, 2010
Page Six

Sharon James commented that with regard to the second petition, it was never brought around for her signature, and more neighbors would have signed against the zone change if they had been presented with the petition.

Mr. Nicks advised that he knocked on every door, but did not get a response every time. He circulated two different petitions and took four turns around the block.

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

Councilmember Shakespeare commented she was involved in the process when the downtown was rezoned. The RCC zone was a compromise with those who wanted to develop and those who wanted to preserve. She inquired why the City would want to open the door to more multi-family homes in this area when it is trying to protect owner occupancy. She stated that rentals can become a health and safety issue for neighborhoods and the R-1-C zone is a protection for this neighborhood and the community as a whole. She stated she was opposed to the zone change request.

Councilmember Almquist commented that only four lots on the block meet the requirements for multi-family dwellings and the Nicks lot is one of those.

Councilmember Bunker commented that in the election process her whole focus was on neighborhoods and retaining their stability and building them into single family walkable neighborhoods, especially in the downtown area. She stated that while the Nicks are good friends, she has to look beyond the emotion and relationship and go with the integrity of the neighborhood. She stated that single family homes are needed to keep the downtown vibrant.

MOTION: A motion was made by Councilmember Shakespeare to deny the request.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The motion carried.

RESOLUTION:
Consider approval of a resolution adjusting common boundary lines with Washington City.

Community Development Director Bob Nicholson explained a resolution is needed to declare the Citys intent to adjust boundary lines with Washington City. Both cities will run this process concurrently. The first step is to declare the intention to adjust the boundaries. Once the resolution is adopted there is a 60 day public notice period and public hearings before the ordinance can be adopted.

Mayor McArthur explained the property being de-annexed by the City of St. George is on the north end of the runway.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting the Citys preliminary budget for fiscal year 2010-2011.
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May 6, 2010
Page Seven

City Manager Gary Esplin explained that under State law, the budget officer has to submit to the governing body the proposed preliminary budget at the first meeting in May. The budget is accepted and then the public hearing process begins. The General Fund this year is $40,431,927. Last year the General Fund was $40,902,400. Enterprise funds are around $100,000,000. There is no proposed property tax increase and no changes in any fee structure in the General Fund. There will be discussion with regard to the Energy Services Department and a recommendation from the Water and Power Board. There will also be ongoing reorganization and staffing level reviews which are not reflected in the budget. He complimented Budget and Financial Planning Manager Deanna Brklacich for an incredible job putting the budget together. He commented that the budget would be on-line tomorrow with public hearings held in May and June and final adoption of the budget by the end of June.

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

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of an off-premise beer license for Walgreens located a 391 W. St. George Blvd. Margarita Kellen, applicant.

City Manager Gary Esplin explained that approval is needed for two locations, one on St. George Blvd. and another on Sunset Blvd. The applicant is the same for both locations. The application meets City requirements.

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

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

The vote was unanimous and the motion carried.

EXTEND MAJOR COMMERCIAL STREET DESIGNATION/ORDINANCE:
Consider extending the major commercial street designation on River Road from 300 South to 700 South. Dixie Regional Medical Center, applicant.

and

Consider approval of an ordinance amending Section 9-13-4(B)(1)(c), St. George City Code, to extend the Major Commercial Street designation on River Road from 300 South to 700 South.

City Manager Gary Esplin explained there is an addendum to the agenda for approval of an ordinance if the Council decides to extend the major commercial street designation. When the Sign Ordinance was amended it required monument signs rather than pole signs on certain streets that were not designated as major commercial streets. On River Road that major commercial street determination went to 300 South.

Councilmember Pike commented that for the record, he works for IHC who is the applicant, but on the advice of the City Attorney, he is going to participate in the discussion and vote as the items do not impact him directly or financially.


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May 6, 2010
Page Eight

Community Development Director Bob Nicholson explained that as part of the Sign Code, certain streets have been designated as major commercial streets. When a street has 70% or more frontage zoned commercial, the City Council shall consider designating such street as major commercial. In this case staff looked at the frontage on River Road to 700 South, and 88% of it is zoned commercial. Dixie Regional Medical Center has requested permission to place a 22' tall sign to be located on Medical Center Drive and River Road.

Mayor McArthur inquired if a lower, wider sign would not accommodate IHCs need.

Mr. Nicholson replied that the applicant can have a sign up to 15' tall under the current code.

Terri Draper, representing Dixie Regional Medical Center, advised that a directional sign is needed as people are having difficulty finding the Sports and Performance Center. The sign also needs to be elevated so it can be better seen. Space will be left on the sign for future development. The primary reason the sign is needed is to provide directions and identify the area. DRMC is conscious of aesthetics but needs to adequately direct people and feels a 22' sign is adequate. It needs to be visible for those not familiar with the campus.

Councilmember Pike inquired about a wider sign.

Ms. Draper replied a taller sign is more visible.

Councilmember Almquist commented that DRMC took a 15' wider sign and made it 22' and narrower.

Ms. Draper replied this was to be consistent with other IHC facilities.

Councilmember Almquist inquired why the sign was made narrower.

Ms. Draper replied there is the option of doing more smaller, directional signs, but IHCs professional design company would like all signage for facilities to look the same and there is more room for copy on larger signs. IHC would like to place this larger sign so they do not have to replace it when more buildings are built on the campus. The copy on the sign must be large enough to be read by people traveling 40 mph in their vehicles.

Councilmember Almquist commented that by deleting the logo at the top of the sign the sign could be reduced to 18' in height.

Ms. Draper replied they are working within parameters for corporate guidelines. A vertical sign allows room for additions while providing what is needed today.

City Manager Gary Esplin advised that when staff originally received this request, there was concern that the taller sign was not necessary. However, they eventually felt a directional sign was needed as there is confusion at that intersection. This is the main entrance to the hospital. They could also have placed another sign along River Road, so staff feels this sign is a good compromise. Staff supports the request as long as it is agreed to keep the sign on 700 South and River Road to a maximum of 15' in height.

Councilmember Almquist said he did not want to set a precedent and what was to prohibit the request to designate River Road down to 900 South as a major commercial street for signage. He stated there is a lot of wasted space on the sign. He stated he felt the logo could be made smaller.

City Manager Gary Esplin inquired of Mr. Nicholson if he knew of other properties on River Road from 300 to 700 South that this change might affect.

Mr. Nicholson replied that Verizon has inquired about signage and could possibly request a taller sign.

Mr. Esplin replied he thought the area where Verizon is located is a PD and the signage plan was already in place.

Mr. Nicholson replied that nothing could prevent them from asking for an amended PD.

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May 6, 2010
Page Nine

Mr. Esplin commented in his opinion River Road is a major commercial street.

Councilmember Almquist commented there is not a single pole sign on the main street in Logan yet everyone still finds their way around.

City Manager Gary Esplin replied that the City Council should look at the project campus, the acreage, the College building, and two more buildings yet to be built. There is a combination of services and DRMC is looking for a way to direct traffic to the buildings.

Mr. Nicholson advised that sign spacing is one monument sign per every 200' of frontage and one pole sign for every 300' of frontage.

Councilmember Bunker expressed concern about what other businesses along River Road would be able to do.

City Manager Gary Esplin replied that the City would have to give its approval.

Councilmember Pike commented that while he prefers monument signs, this request comes as a result of feedback from people who have been confused and dont know where the buildings are located. He stated he would support the request from a directional standpoint, and in order to do that it has be to big enough and wide enough.

MOTION: A motion was made by Councilmember Bunker to approve adoption of the ordinance amendment and approve the request for major commercial street designation to 700 South.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The motion carried.

REQUEST TO PURCHASE CITY PROPERTY:
Consider a request to purchase City property at 2350 East 3000 South. John Fleming, applicant.

Mayor McArthur announced that this item is not a public hearing.

City Manager Gary Esplin explained when the City purchased this entire property it was a farm owned by the Rosenbruchs. The City knew the School would be looking for a site in that area, and as predicted, the City sold some of the property to the School District. Mr. Fleming came to the City when it was in the middle of a master plan amendment process and wanted to develop his property. He is the adjacent property owner. At that time staff and the City Council allowed Mr. Fleming to go forward with his zone change request. The City owns two acres to the west of his property bordering the street, and it also owns the balance of property around the school to the south and west. It purchased 30+ acres and sold 11 to the School District. At that time the City Council allowed the zone change to go forward, but then Mr. Flemings project was turned down and he redid his plans and resubmitted them to staff. He asked staff if he should include the Citys two acres in his project. At that time the City Attorney advised staff that it would be presumptuous of staff to rely on actions of the previous City Council. Staffs recommendation is to find out how the new City Council feels about declaring this property surplus and selling it to the adjacent property owner. Mr. Fleming has circulated a map showing the parcels of property mentioned. The purpose of this agenda item is to determine if the property is surplus to the Citys needs.

Councilmember Bunker inquired what the City would do with the property if it didnt sell it to Mr. Fleming.

Councilmember Pike replied it is a two acre parcel and is across the street from the school. With everything the City has invested in this area, he suggested the City hold onto it and not sell it.

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May 6, 2010
Page Ten

Councilmember Shakespeare agreed with Councilmember Pike.

Councilmember Pike commented that the City owns other land by the school and it should sit on the land and wait and see.

Councilmember Shakespeare suggested the two acre parcel could be used as a community garden which would be beneficial to teach the school children how to garden.

Councilmember Pike commented that the school might someday need additional parking.

John Fleming, applicant, commented that he has spent years and tens of thousands of dollars proposing various developments and came to rely on staff and City Council and management that this is the highest and best use for the property. He stated with or without the Citys piece, he was going to build on his property. He stated he has worked with staff for years on access and now he will have to develop it differently. He stated he was not clear on why the City did not want to sell the property and developing the contiguous property with his makes the most sense.

Community Development Director Bob Nicholson advised that the two acre parcel is currently zoned AG-1.

City Attorney Shawn Guzman advised that the highest and best use for the property is not a factor in deciding whether or not to sell the property. To sell property is in the sole discretion of the City Council and is not based on the highest and best use.

Mr. Fleming inquired about what would happen to the development of the property next door and access as discussed with the previous City Council.

Mr. Guzman replied that this was still not a factor, and the decision of whether to sell the property or not is not based on adjacent property issues or access.

Councilmember Nickle commented he did not like the feeling of this City Council being bound by decisions of previous City Councils, as everything changes. He stated he agreed with Councilmember Pike and it might be beneficial to retain the property.

Mr. Fleming commented that this issue has been considered for years by other City Councils and planning staff, and while he is not saying this City Council should be bound by decisions of past City Councils, this project has had a lot of consideration over time.

MOTION: A motion was made by Councilmember Pike to deny the request to sell the City property.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CHANGE ORDER/BETTERMENT AGREEMENT:
Consider approval of a change order for Phase 2 of the Southgate Golf Course Remodel/Dixie Drive Interchange Project.

Rick Rosenberg advised that as of today two of the greens are completely sodded, and another is 70% sodded. Three fairways have been seeded.

City Manager Gary Esplin explained the interchange project is a state project but the City will benefit from the new interchange and new connection for traffic in the City. Mr. Rosenberg is the engineer for the project, paid by the state. The Citys employees have done the design of the golf course remodel and it will be ready for play October 1. The state recommends that the City enter into an agreement with JP Excavating to do the change order to the original contract for the new holes and changes on the new greens and fairways. The project cannot progress without moving one of the greens. A

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May 6, 2010
Page Eleven

betterment agreement also needs to be approved. The City does not have any financial obligation; its only obligation is if the City identifies a need, it has to consult with the state in order to get that approved before any changes are made.

Mr. Rosenberg stated the first contract covered four now holes. The contractor deadline was to have them planted by May 31. Everything will be planted tomorrow, three weeks ahead of schedule. The final completion date is almost six weeks ahead of schedule. He advised they are ready to start on Phase 2 but are waiting for UDOT to make the award for the interchange contract. The change order tonight is for the south side of Dixie Drive. Everything will be planted by August 15 in order to be open for play on October 1. Tonaquint Drive is being closed next week. The bridge will remain in place for a while but will be removed in August.

MOTION: A motion was made by Councilmember Pike to approve the betterment agreement and change order.
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 Nickle - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement between the Immigration and Customs Enforcement Agency (ICE) and the City for reimbursement of expenses.

Police Chief Marlon Stratton explained because of the good work the Citys gang task force has done, ICE has asked that two of the Citys gang detectives assist them in Salt Lake City. They will pay all expenses, including travel, lodging, per diem, and not only for this specific event but for any occasion where there is need to work closely with them in identifying and locating illegal aliens who commit crimes.

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

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

The vote was unanimous and the motion carried.

APPOINTMENTS:
Mayor McArthur advised that he received a letter of resignation from Roland Lee who served on the Public Arts Committee. An appointment to fill his position will be made at a later date.

APPROVAL OF MINUTES:
Consider approval of the minutes of the April 15, 2010 City Council meeting.

MOTION: A motion was made by Councilmember Bunker to approve the minutes as amended.
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 Nickle - aye
Councilmember Almquist - aye


St. George City Council Minutes
May 6, 2010
Page Twelve

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried

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

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

The vote was unanimous and the motion carried.



______________________________
Gay Cragun, City Recorder