City Council Minutes

Thursday, July 1,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 1, 2010. 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McARthur
Councilmember Gil Almquist
Councilmember Jon Pike
Councilmember Benjamin Nickle
Councilmember Gail Bunker
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 Councilmember Pike.

Mayor McArthur announced that the Citys 4th of July celebration will be held on Saturday July 3.

AWARD OF BID:
Consider award of bid for the parking revenue control system at the Replacement Airport.

City Manager Gary Esplin advised this item was not a bid but a request for proposals. After review by staff it is recommended the project be awarded to Traffic Solutions as their proposal provided the best match per specifications and provided a two year warranty compared to the others who only provided a one year warranty.

Airport Manager Rick Crosman explained the City received four responses and then graded them. Traffic Solutions proposal was substantially lower than the others at $256,905. Parking can be paid by credit card or cash. There will be two parking machines at the exit to the airport. The maximum parking fee is $4.00 per day with the first hour or two at no charge.

Mayor McArthur commented that the City Council previously advised they would like the first two hours to be free.

Councilmember Almquist advised that Traffic Solutions was the only vendor to provide heaters and fans in each bid.

MOTION: A motion was made by Councilmember Pike to award the proposal to Traffic Solutions in the amount of $256,905.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution reducing fees for the Truck-N-Go lot.

City Manager Gary Esplin explained staff recommends lowering the fee structure of the Truck-N-Go parking lot to encourage participation. The new recommended fee is $150.00 for a six month permit or an annual fee of $240.00.

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


St. George City Council Minutes
July 1, 2010
Page Two

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution approving matching funds for a Clean Cities grant opportunity.

City Manager Gary Esplin recommended the City apply for a federal grant under the Utah Clean Cities program which, if successful, will allow use of federal funds for the construction of the biomass gas project at the landfill.

Energy Services Director Phil Solomon explained that phase two of the project is to put in two collection wells at the landfill. Tests are being done to analyze the gas to make sure the gas contains the compounds needed.

Councilmember Pike inquired if a cost benefit analysis had been performed.

Mr. Solomon replied the City has a pro forma, and final approval will be scheduled at a future date before the City moves forward.

Mr. Esplin explained that future approval will be needed if the City is successful in obtaining the grant.

Mr. Solomon explained that the Citys match is $400,000, with the County paying for some of that amount.

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

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

The vote was unanimous and the motion carrid.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit and waiver of park fees for the use of Town Square for the Red Rock Center for Independence special event to be held July 30, 2010. Don Gordon, applicant.

City Manager Gary Esplin explained that staff has reviewed the request and recommends approval.

Don Gordon, applicant, advised this same event was held last year.

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

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

The vote was unanimous and the motion carried.

St. George City Council Minutes
July 1, 2010
Page Three

SPECIAL EVENT PERMIT:
Consider approval of a special event permit and fee waiver for the Southwest Behavioral Health Center special event at Town Square to be held September 24, 2010. Michael H. Deal, applicant.

City Manager Gary Esplin advised that this is a first-time event.

Mike Deal, Executive Director of the Southwest Behavioral Health Center, introduced staff members. September is National Recovery Month for substance abuse issues and the purpose of the event is to celebrate the successes of those who are in recovery and to recognize competent staff who work with substance abusers, and also to encourage local citizens to recognize the value of treatment. The event will be held from 1:00 p.m. to 5:00 p.m. at the Town Square with speakers, music, food and activities for kids.

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

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin reminded both applicants that they are responsible for all clean-up and costs associated with their special events.

Mayor McArthur invited a Scout in the audience to introduce himself.

BEER LICENSE AND LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for a limited restaurant liquor license for Benjas Thai Garden located at 435 North 1680 East #13 and #14. Benja Peterson, applicant.

City Manager Gary Esplin advised that staff has reviewed the application and recommends approval. The is the second license for the applicant, and there has been a license at this location previously.

Benja Peterson, applicant, advised her second restaurant will create more jobs in the community.

MOTION: A motion to approve the beer license and local consent was made by Councilmember Pike.
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 Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

BEER LICENSE AND LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for a limited restaurant license for the Brazilian Grill Steakhouse located at 929 West Sunset Blvd. #12. Aparecido Jussani, applicant.

City Manager Gary Esplin advised staff has reviewed the application and recommends approval. The request is due to a change in ownership.

An unidentified woman advised that local consent for a limited restaurant license is requested for the sale of wine and beer. A change in ownership necessitates the request.

St. George City Council Minutes
July 1, 2010
Page Four

The restaurant will be open from 11:00 a.m. to 2:00 p.m. for lunch and from 5:00 p.m. to 9:00 for dinner Monday through Friday, and on Saturday from 12:00 noon to 4:00 p.m. for lunch and from 4:00 p.m. to 9:00 p.m. for dinner. The restaurant is located in the Phoenix Plaza.

MOTION: A motion was made by Councilmember Shakespeare to approve the beer license and local consent.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carrid.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held June 22, 2010, recommended that a public hearing be scheduled for July 15, 2010 to consider a zone change request for 1.26 acres at 120 West 1470 South from C-2 to PD-COM for the purpose of a medical detox specialty hospital. The site is the former Desert Palms - Nautilus fitness facility.

MOTION: A motion was made by Councilmember Bunker to set the public hearing as recommended.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

HILLSIDE PERMIT:
City Planner Ray Snyder advised the City has received a request for a hillside permit for Lot 2 in the Ft. Pierce Industrial Park for a site pad and grading for a two acre site to form a buildable pad on River Road. The owner is Team Stewart Defined Benefit Plan. Scott McCall is the representative. The site is zoned M-1. The Planning Commission recommends approval. He then displayed a grading plan, cross sections and map of the area. He advised that the entire site will be three to four feet higher than the walkway in front. Cuts will be limited to 10 feet. Staff would not normally encourage grading of the site, but the entire area is disturbed and they felt by doing this the site will be cleaned up and it will be an improvement visually and aesthetically. The Hillside Board
recommends approval subject to 13 conditions:

1. Obtain a grading permit.
2. Terrace cuts shall be made per the grading plan and cross section cuts over maximum allowed height shall be per ordinance, ten foot maximum height with six foot benches. Slope the bench down towards cut.
3. Round-off, groom all hillside cuts. Coordinate with SITLA to obtain permission to blend any existing cuts and to remove knobs at property line.
4. Follow the recommendations of the geotechnical report. Slopes shall not exceed 1:1.
5. Install detention basin and follow recommendations of the drainage report. Establish a berm along frontage and direct flows to detention basin.
6. Install temporary orange fencing to indicate limits of disturbance.
7. Obtain a City air quality permit.
8. Obtain a SWPPP permit.
9. Install a temporary no-trespass fence along the north property line during grading.
10. No grading shall occur over the driveway area and utility easement (which contains water line that goes to water tank on hill behind property).

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July 1, 2010
Page Five

11. Mitigate site by using fire hydrant as water source to keep the site wet and dust down during all grading work. Ensure that a crust will be established to prevent future air borne particles.
12. All haul material (approximately 14,000 cubic yards) shall be removed from the site to a location approved by Development Services (it is anticipated that the material will go to fill gravel extraction sites).
13. All material to be removed and grading completed within 90 days of issuance of grading permit (no long term borrow site may be established).

Councilmember Almquist commented that the hillside aspect will be an improvement since both sides have already done similar grading. There is concern with the asphalt path that it be kept open and functioning and also the water lines along the frontage should be maintained so that the trees and landscaping are kept alive.

Mr. Snyder replied that he would make these items part of the hillside permit.

Councilmember Almquist commented that repair of any damaged asphalt should also be a part of the permit.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Nickle - 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 twin home in the RCC zone on two lots located at 229 South and 237 South on 100 East Street. Sam Schmutz, applicant.

Community Development Director Bob Nicholson presented the vicinity and zoning maps. He explained the site consists of two large lots. They are 66' wide by 264' deep. The lots are .4 acre each and located in the RCC zone. A multiple family dwelling is proposed. The two existing homes will be removed and a twin home with a shared garage will be built. The units are attached at the front of the garage. The applicant has met with the Building Department to make sure the project meets code. Because it is located in the RCC zone and is a multi family unit, it is subject to design standards. The project consists of a traditional style home and the applicant has provided examples of exterior finishes. The project meets the requirements in the RCC zone.

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 Nickle - aye
Councilmember Almquist - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

CONTRACT:
Consider approval of a local government contract with UDOT for design of the Red Hills Parkway widening project by Creamer and Noble.

City Manager Gary Esplin advised that authorization is needed for a contract match. The design will be done but the project will not begin until after the Ironman next year.

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July 1, 2010
Page Six

MOTION: A motion was made by Councilmember Almquist to approve the contract match.
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 Nickle - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

AMENDMENT TO HILLSIDE PERMIT:
Consider approval of an amendment to the hillside permit for the East Bloomington tank to allow an additional 5' for access to the tank for pullouts.
City Manager Gary Esplin explained the hillside permit has already been approved, but an amendment is needed to make it work better.

Project Engineer Cathy Hasfurther explained a hillside permit was issued in June, 2009 for the Bloomington water tank and access. Access was approved for 25', but when the contract went out for bid and through negotiations with SITLA, SITLA granted a 35' right-of-way to the tank. The contractor now wants an additional 10' for access.

Councilmember Almquist advised that the Hillside Review Board spent a lot of time on this issue making sure it was right with regard to safety, serviceability of the water lines, and getting the trucks up to the site. There will be a visible road to the site but it does not violate the stringent parts of the ordinance with regard to height of the cuts.

Scott Taylor advised this project has been a six year process and safety is number one. The cement trucks will be pouring at night.

Councilmember Almquist commented that eventually the access road will be used as a mountain bike trail with the development of land higher up, and will be a good link in the trail system.

MOTION: A motion was made by Councilmember Pike to approve the amendment to the hillside permit.
SECOND: The motion was seconded by Councilmember Bunker.

City Manager Gary Esplin clarified that the additional 10 feet will consist of five feet on each side of the current access.

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

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

The vote was unanimous and the motion carried.

Councilmember Almquist commented that the company who won the bid as well as those doing the subcontracting live here and will avoid hurting any of the vistas.

PUBLIC HEARING/VACATION OF STREET/ORDINANCE:
Public hearing to consider vacation of a portion of 850 North Street at approximately 2875 East. White Hills LLC, applicant.

City Manager Gary Esplin advised a corrected legal description has been done, designating the road on the location where it is currently built. A corresponding deed back to the property owner has been done for the property not needed for the roadway.

Project Engineer Jay Sandberg advised the easement is being abandoned, as well as the roadway. A new easement is being dedicated.

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July 1, 2010
Page Seven

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

MOTION: A motion was made by Councilmember Bunker to approve vacation of the roadway by ordinance and accept the new easement.
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 Shakespeare - aye
Councilmember Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATION OF STREET/ORDINANCE:
Public hearing to consider vacation of a portion of Dixie Drive.

Project Engineer Jay Sandberg explained this portion of road was abandoned as part of the Heritage Subdivision. As the City was trading property back and forth as part of the interchange project, a different road dedication plat showed that section of road. It needs to be abandoned but the easements will be retained.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 14, Section 22, St. George City Code, short term leases of residential properties.

Community Development Director Bob Nicholson explained that short term rentals of 29 days or less is considered a commercial activity. The ordinance has been on the books for many years but is now being refined. The goal is to allow short term rentals where appropriate and where it does not create a negative impact to neighbors and protects property values. The ordinance allows for short term rentals in bed and breakfast inns and resort overlay zones and in other areas approved as part of annexation to the City. He then reviewed the changes to the ordinance.

City Manager Gary Esplin advised that the public hearing process will be part of the appeal process.

City Attorney Shawn Guzman advised he feels the ordinance is enforceable but the City will have to rely on neighbors to let the City know it is happening. The best enforcement tool is to see that the house is being advertised.

Councilmember Almquist inquired if house swapping was excluded.

City Attorney Shawn Guzman replied that house swapping requires a permit.

Mr. Nicholson then reviewed the parking requirements. He advised that a business license is needed for short term rentals.

Mayor McArthur opened the public hearing.

St. George City Council Minutes
July 1, 2010
Page Eight

Scott Bows, a resident of the Desert Hills Subdivision, advised the neighborhood is currently experiencing negative impacts to the quality of life and safety of children due to short term rentals. He advised they anticipate with great excitement the passage and implementation of the ordinance.

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

Councilmember Almquist commented the ordinance is fair to hotel businesses and those in the business community already offering accommodations and operating recreational facilities as well.

City Attorney Shawn Guzman advised that failure to obtain a business license is a misdemeanor, and if violated, will go to code enforcement with daily fines and the opportunity to go before an ACE judge. The typical fine is $25 per day for each violation.

MOTION: A motion was made by Councilmember Pike to approve the ordinance.
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.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider a request to amend the PD zone for the Emerald Ridge Subdivision located at 1806 N. Dixie Downs Road to allow one additional building lot on 0.27 acres within the existing subdivision. Emerald Ridge HOA, applicant.

Community Development Director Bob Nicholson advised the subject site is across the street from Firehouse Park on the east side of Dixie Downs Road. The request was to allow RV storage in that location in a common area. The Planning Commission held a public hearing and recommended denial. The applicant did not appeal the decision to the City Council. There was discussion at that time that while RV storage would not be acceptable, there seemed to be acceptance for one more single level dwelling unit, and that is now the request. The lot is of adequate size. The project meets basic open space requirements, which is 30% of the area to be in landscaping. There is a proposal to terminate the road in a cul-de-sac. There has only been one opposition from Ruth Nelson in the Estrella Subdivision. The Planning Commission recommends approval unanimously of one single level home.

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

Councilmember Almquist inquired about a private street shown on one of the maps.

City Manager Gary Esplin replied this street was for service to the Rvs, but is not part of the existing plan.

Councilmember Almquist clarified that the cul-de-sac will remain.

City Attorney Shawn Guzman clarified that the private street was supposed to be built originally, but when Gemstone Properties bought the project from the original owners, it was never completed as a through street. It has been capped as a cul-de-sac.

MOTION: A motion was made by Councilmember Bunker to amend the PD zone to allow one additional single family home by ordinance.
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 Shakespeare - aye

St. George City Council Minutes
July 1, 2010
Page Nine

Councilmember Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/REQUEST TO CLUSTER:
Public hearing to consider a request to cluster 73 lots on 89.58 acres in an R-1-40 zone at approximately 2500 South on Tonaquint Drive. Quality Development LLC, applicant.

Project Engineer Jay Sandberg explained this item and the preliminary plat go together. This development was approved in 2006 and was originally zoned Open Space. It was then changed to R-1-50. There were several field trips to the site due to the rock and geological features and view. He presented aerial, vicinity and zoning maps. The Tonaquint Terrace Subdivision was amended a few months ago because the Tonaquint Heights Subdivision preliminary plat expired. The road remains in the same place and there is a new LDS church in the vicinity under construction. The developers would like to build the project in conjunction with the church and road. Staff recommends re-approving the overall clustering plan for the entire development and then a three lot subdivision as the preliminary plat. In 2006 a site visit was taken the site to look at the areas that would not be disturbed and where building lots would be placed. There is a trail system which will be dedicated to the public. The overall density in the clustering plan cannot exceed the density in an R-1-40 zone and the lots cannot be less than 8,000 sq. ft. Open space requirements must be met. There was discussion at the Planning Commission meeting about approving only the first portion and dedication of at least the pro rata portion of open space, and as future phases are dedicated more pro rata open space dedicated.

City Manager Gary Esplin commented the City has approved the overall plan of the entire site. There was an agreement with SITLA that when the property developed, certain parcels would be left undisturbed. He stated he was not sure that open space should be dedicated on a pro rata basis. He stated that SITLA should be required to preserve the areas they said they would preserve.

Brett Burgess, applicant, advised the take-down schedule defines the open spaces that have to be purchased from SITLA. He advised he spoke with City staff about taking down those areas and donating them to the City for public use in phases. Any alterations to that plan will have to be discussed with SITLA.

City Manager Gary Esplin commented that SITLA needs to define the open space areas and put them in escrow as they are benefitting from approval of the entire project and there should be some quid pro quo.

City Attorney Shawn Guzman advised this arrangement is similar to that of the South Block.

Community Development Director Bob Nicholson advised staff told the applicant that each phase has to stand on its own and meet the code to protect the City from a future phase not happening.

City Manager Gary Esplin advised that staff walked the site and Quality did a great job siting the homes. The City approved the entire project and it was done to protect the rock outcroppings. He stated he did not see why a development agreement similar to the one with the South Block could not be entered into.

Jay Sandberg advised that staff had the same thoughts and spoke with the Legal Department. Legal staff felt it was important to reapprove the entire clustering plan even though approval is just for three plots and the zoning plan supercedes the General Plan.

Brett Burgess commented that when the project was first approved, the review was extensive. If SITLA wants to change the plan, the City could say no to anything but the originally approved plan.

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


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July 1, 2010
Page Ten

City Attorney Shawn Guzman advised that the City will get the associated open space with the three lot subdivision and can move forward with a development agreement on the remainder of the property, including the open space.

MOTION: A motion was made by Councilmember Pike to approve the clustering of 73 single family lots under a conditional use permit as discussed, including the open space to be dedicated to the City as shown on the plan.
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 Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Consider approval of the preliminary plat request for Tonaquint Heights to create three individually owned residential lots.

Project Engineer Jay Sandberg emphasized that the lots will be fenced with orange fencing while under construction. Open space and trails will be dedicated. No other lots can be developed at this time as there is no water pressure in this location.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat including the open space to be dedicated to the City as shown on the plat, and subject to the recommendations of the Planning Commission.
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.

MISCELLANEOUS DISCUSSIONS:
Mayor McArthur directed Community Development Director Bob Nicholson to form a committee and come back with recommendations on remediation of the scarring on the Black Hill.

Councilmember Almquist advised he met with the Washington County constructors about the Dixie Drive overpass and identified trees that should remain as part of the parks system. They agreed they would be saved. He inquired if the City Council is willing to endorse the Arizona law with regard to immigration as it takes effect the end of July.

Mayor McArthur replied that he met with Speaker Dave Clark and this issue will be dealt with on a State level.

Councilmember Pike advised that Speaker Dave Clark and several other State representatives went to the Arizona border and reported that the conditions there are incredible. They traveled on their own expense to see firsthand the border patrol and were there for eight hours. They will be talking about their experience on radio 890 next week. If anything, the visit has strengthened their resolve that there are serious problems at the border and it is a states right vs. a federal rights issue due to the non-response of the federal government.

Mayor McArthur commented that the City endorses the rights of states.

Fire Chief Stoker reported on two recent fires.



St. George City Council Minutes
July 1, 2010
Page Eleven

APPROVAL OF MINUTES:
Consider approval of the minutes of the June 10, 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 Almquist - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the June 17, 2010 City Council meeting.

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene 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 Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

MISCELLANEOUS DISCUSSIONS:
Councilmember Shakespeare inquired about the possibility of donating a water tank to the shooting park at Purgatory.

City Manager Gary Esplin replied that the shooting park, a quasi-public entity, would be competing directly with private RV parks already in business, and the City should not provide them with a free water tank to help them compete with private enterprise.


St. George City Council Minutes
July 1, 2010
Page Twelve

Mayor McArthur commented that the shooting park is also located outside of the City.

City Attorney Shawn Guzman advised that the City can give public property away, but it would have to show that the citizens of St. George will get a value equal to the amount given away.

Councilmember Shakespeare suggested that the hillside ordinance be redone. She then reported on a conference she attended in San Diego as part of the Healthy Dixie Committee.

Councilmember Bunker reported on a recent meeting with Brooks Pace. He would like to know what the City would think about razing the old JC Penney building and putting a multi-story building with condos at the top in its place.

A brief discussion was held about landscaping in the Bloomington roundabout.

Mayor McArthur advised that the Roadrunners would like to offer City employees a special buy-one-ticket-get-one-free promotion.

ADJOURN:
MOTION: A motion was made by Councilmember Almquist to adjourn.
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.



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Gay Cragun, City Recorder