City Council Minutes

Thursday, February 3,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 3, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Jon Pike
Councilmember Gil Almquist
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. The pledge of allegiance to the flag was led by Councilmember Bunker and the invocation was offered by Councilmember Pike.

Mayor McArthur announced that the Tabernacle Choir will be performing this week.

Councilmember Bunker advised that a Sweetheart Dance will be held February 12 at the Sun River Ballroom and the public is invited to attend.

City Manager Gary Esplin advised that Item 6A to consider approval of a special event permit, special event fee waiver and to allow camping at Tonaquint Park for a mountain bike race on March 26, 2011 has been tabled from the agenda at the applicants request.

CONSENT CALENDAR:
Consider approval of private hangar leases at the Replacement Airport.

City Manager Gary Esplin recommended approval of the following new leases at the airport, stating they were all standard leases: Chaney Aircraft, Amicorp Enterprises, St. George Hangar, Myron Porter and Antares Air.

MOTION: A motion was made by Councilmember Almquist to approve the leases.
SECOND: The motion was seconded by Councilmember Bunker.
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.

BID OPENING:
Consider award of bid for the hangar relocation project.

Purchasing Manager Connie Hood advised that five bidders submitted sealed bids. She recommended award of the bid to the low bidder, AJ Construction, for Schedule B, in the amount of $184,331. Schedule B is for a pier system foundation.

Mayor McArthur explained that a tenant had an unexpired lease at the old airport and the City agreed to move his hangar to the new airport. At the end of the lease term, the hangar will then belong to the City.

City Manager Gary Esplin commented that the bid total includes a pier system to handle the soil conditions at the new location.

MOTION: A motion was made by Councilmember Bunker 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 Bunker - aye
Councilmember Shakespeare - aye
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February 3, 2011
Page Two

Councilmember Nickle - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a 2011 truck chassis for the new Vacon sewer machine.

Purchasing Manager Connie Hood recommended purchase of the chassis through the state contract with Rush Truck Center in the amount of $112,360. The truck is for the Wastewater Department.

City Manager Gary Esplin explained that the City received a guaranteed buy back of the old vactor truck which expires this year. The City would like to take advantage of that offer and keep the old unit instead of trading it in for the guaranteed buy back of $133,000. The only problem is that there are no funds in this years budget. By approving this purchase the City Council will be committing these funds in next years budget. The good news is that other participants in the regional wastewater plant will help pay for the unit.

MOTION: A motion was made by Councilmember Pike to purchase the truck 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 Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a 2011 Vacon sewer combo machine.

Purchasing Manager Connie Hood explained this machine will be installed on the truck chassis from Rush Truck Center. She recommended approval in the amount of $232,000 from Maric Sales.

MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Nickle.
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.

City Manager Gary Esplin explained that all sewer lines are cleaned at least once a year and this has saved the City significant dollars in sewer back-up claims.

AWARD OF BID:
Consider award of bid for two aerial devices.

Purchasing Manager Connie Hood explained that these aerial devices will be installed on the trucks approved at the last City Council meeting. She recommended award of the bid to the low bidder, Terex, in the amount of $203,063 for the 50' and 75' aerial devices.

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:

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February 3, 2011
Page Three

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit, special event fee waiver, and allow camping at the Tonaquint Park for a mountain bike race on March 26, 2011. Cimarron Chacon, applicant.

This item was tabled at the applicants request.

SINGLE EVENT LIQUOR LICENSE PERMIT:
Consider approval of a single event liquor license permit for the 2011 Mini Indy banquet. Tadd Hafen, United Way Dixie, applicant.

City Manager Gary Esplin explained that every year the City and Skywest in conjunction with United Way hold the Mini Indy, a major fundraising event. In the past the banquet has been held at the Dixie Center. Since the City is not using the runway at the old airport, the applicant would like to hold the Mini Indy banquet at the old airport. Heritage Catering from the Dixie Center will be catering the event, and they currently hold a liquor license.

City Attorney Shawn Guzman advised the caterers will have their own insurance as well.

MOTION: A motion was made by Councilmember Bunker to approve the request.
SECOND: The motion was seconded by Councilmember Shakespeare.
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.

REQUEST TO CLOSE CITY STREET:
Consider approval of a request to close a City street for an overnight camp-out and to use City property in conjunction with the Scout Expo. Lance Gubler, applicant.

Kim Hansen, Chairman of the Scout Expo, explained the Scout Expo is an annual event held at the Dixie Center for all Scouts in Washington County. They would like to hold an overnight camporee on City property east of the Dixie Center and build a temporary BMX track on City property in the dirt. They will remove the extra dirt when finished. He requested that the street behind the Dixie Center be closed from the far south end of the parking lot adjacent to the Dixie Center to where the Dixie Center ends.

Mayor McArthur commented he felt the Scout Expo was a great community event and he recommended approval.

City Manager Gary Esplin commented he did not feel closing the street was an issue because no one can get around the bottom of the Dixie Center in any event, and there is a new parking lot on the north end with access, so transportation should not be affected in any way.

MOTION: A motion was made by Councilmember Almquist to approve the request.
SECOND: The motion was seconded by Councilmember Bunker.

Councilmember Nickle inquired about liability insurance.

Mr. Hansen replied that the Boy Scouts of America will issue a certificate of liability naming the City as an additional insured. The same liability insurance covers all activities wherever the Scouts are meeting.


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February 3, 2011
Page Four

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.

BUILDING DESIGN/CONCEPTUAL SITE PLAN FOR RED ROCK COMMONS AND CONSIDER
APPROVAL OF A CONDITIONAL USE PERMIT FOR BUILDING HEIGHT AT THE RED ROCK COMMONS. GEOFF SHERMAN, APPLICANT.

Councilmember Almquist excused himself from the dias stating he would not participate in this item.

City Attorney Shawn Guzman advised that Councilmember Almquist is a subcontractor employed by the applicant.

City Planner Ray Snyder presented a site plan of the property. The applicant would like to construct a commercial shopping center which will include Dicks Sporting Goods, Petsmart, and other major anchors. The entrance off River Road will be right-in and right-out only. The site plan consists of one large lot and three smaller independent lots, which will probably contain restaurants in the future. The owners and developers are Excel Red Boulder. Street trees will be provided at a lower elevation, still meeting the shade tree ordinance. He then presented concept images. All buildings will be less than 35' in height except for Dicks, which could go to a maximum height of 43'4".

Mayor McArthur stated that height has never been an issue when up next to a hill.

Mr. Snyder advised the site is 18.98 acres and is located at 100 South and River Road. The entire site is sunken down from River Road. There is no access restriction in or out on 100 South. Parking requirements have been met and exceeded. The Planning Commission recommends approval subject to the following conditions:

1. Provide a right-in and right-out only turn for the northbound land of River Road.
2. Provide a deceleration lane for northbound traffic.
3. The architectural theme and colors and materials shall be as presented at the February 3, 2011 City Council meeting.
4. Provide a left turn lane for southbound traffic on River Road.
5. A shared access agreement shall be submitted to the City Attorneys office for review and comment.
6. A site plan review application shall be submitted along with the required civil engineering plan sets to the Community Development Department.
7. The site shall be designed to be dark sky friendly and avoid any light pollution to neighbors. A photometric plan shall be provided along with the site plan review application in the civil engineering plan set.
8. At such future dates as development is proposed on the three pads, the owners shall return to the Planning Commission and City Council by submitting a BDSCP application to demonstrate consistency with approved architectural theme, colors and materials.
9. There shall be stripes/layers around Building F.
10. There shall be trees planted along River Road to comply with the City ordinance.
11. All mechanical units on rooftops shall be screened from view.
12. Roof color shall be tan and not white.
13. The back of parapets shall be the same color as the roof.
14. Any exposed retaining wall which is not hidden by the anchor buildings shall be color sensitive to either the buildings or native hillside colors.

Mr. Snyder advised that a traffic report was done in 2007 and updated in 2010. Medians are not needed for several more years.

Mayor McArthur expressed concern that some sort of median is needed on River Road.

Cameron Cutler replied that a median would cause a conflict with northbound traffic turning left and current traffic numbers show that a median is not needed at this time, but will be at some point in the future. Whatever UDOT does with the I-15 interchange will affect this area. Putting in a median would also affect other business access. He

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February 3, 2011
Page Five

advised that a left into the project on River Road is being provided for traffic heading south.

Bill Snow, representing Excel Trust, explained they have been working on this project for five years and have carried it through the recession. They had a number of opportunities to sell the property, but did not because they believe in the future of St. George. He advised that the southbound left turn off River Road into the project is important to them. He advised that the architect studied the area and tried to replicate its beauty by using layers of color in the facade. Their intention is not to sell the smaller three parcels, but to ground lease them. Construction will begin the end of March with delivery to the tenants in March, 2012 for opening.

Mr. Snow advised that their sign program has been approved.

City Manager Gary Esplin commented that the applicants have been willing to work with the City to widen 100 South. They have agreed to make property available to widen the road.

Mr. Snow advised that they have agreed in principle to dedicate to the City extra width to improve 100 South. They are also going to deed to the City the back part of the hillside. He explained that all exposed areas behind the building will have a rock wall or decorative block wall. They also have designed some landscaping for the area between Brick Oven Pizza and the project. It will be fully landscaped.

Mayor McArthur inquired about pedestrian access between the Brick Oven Pizza and the project.

Mr. Snow replied that no stairs are planned due to liability issues.

Councilmember Bunker expressed concern about the burnt sienna coloring proposed for the building facade.

Mr. Snow replied that the burnt sienna color is Ultas corporate color, and the green is Dicks corporate color. Both will have limited use.

MOTION: A motion was made by Councilmember Shakepeare to approve the building design and site plan subject to the recommendations of the Planning Commission, including approval of the conditional use permit for the height variance.
SECOND: The motion was seconded by Councilmember Bunker.

Councilmember Nickle inquired of Mr. Snow if all the anchors for the project had been lined up.

Mr. Snow replied that all major anchors have signed leases and they are working with three or four tenant restaurants, none of whom have located here before.

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

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

The vote was unanimous and the motion carried.

Councilmember Almquist returned to the dais.

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit to operate a tattoo shop at 35 North 700 East in the Sunburst Shopping Center. Adam Roettger, applicant.

City Planner Ray Snyder explained the business will be called Vamp Body Art. He presented an aerial view of the site. A tattoo shop is a conditional use in the C-3 zone. He presented the floor plan which includes two stations for tattooing. All tattooing will be done inside. Parking is on site and there is enough to support the retail use. The applicant agreed not to sell any smoke shop items. The Planning Commission recommends approval subject to the following conditions:

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February 3, 2011
Page Six

1. No smoke shop items shall be sold on the premises.
2. Correct the address on the lease to read 35 North 700 East.
3. The operations of the business shall be confined to the interior of the leased premises. No loitering of clients shall be allowed in the exterior of the building.
4. The applicant may not assign or sublet the premises to another body art studio unless and until the studio has complied with all laws and regulations governing the facilities and has obtained all necessary permits and licenses.

Adam Roettger, applicant, advised that business hours will be from 2:00 p.m. to 8:00 p.m. Monday through Saturday. The shop will be closed on Sundays.

MOTION: A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Councilmember Bunker.
SECOND: The motion was seconded by Councilmember Pike.
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.

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

AGREEMENT:
Consider approval of a betterment agreement with UDOT for improvements at the Dixie Drive Interchange.

City Manager Gary Esplin explained that a betterment is something the City is adding to a UDOT project and the City is then responsible for the costs. UDOT will give the City $47,500 toward the construction of a new restroom and trailhead at the Confluence Park. The City may want to add a few more stalls. UDOT is also committing $50,000 to build a new gazebo, if there are remaining funds when the project is finished.

Dana Meier clarified that UDOT is struggling with finances to deliver all the infrastructure and they are short on contingency funding. The restroom and gazebo were pulled out of the contract, but if there are contingency finds left at the end of the project, they will be put back in.

City Manager Gary Esplin stated he understood that UDOT will give the City $47,500 for the restroom, not as a part of contingency funding.

Mr. Meier replied that was correct - UDOT is paying for a two stall restroom. If the City wants four stalls, the cost will be $97,000 and the City will be paying the difference to upgrade to four stalls.

City Manager Gary Esplin then reviewed the Citys costs for improvements and upgrades in the area. He recommended approval of the agreement.

MOTION: A motion was made by Councilmember Almquist to approve the agreement.
SECOND: The motion was seconded by Councilmember Shakespeare.
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.

FRONT FACADE CHANGE:
Bob Nicholson explained that the Planning Commission considered a request for facade changes for the medical detox building located at 120 West 1470 South and an increase

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February 3, 2011
Page Seven

to the square footage of the building footprint. Last July the City Council considered a zone change for this project from C-2 to PD Commercial with a 60 bed limitation for a medical detox and alcohol and drug rehab facility. The applicant found that the roof was in bad shape and some of the walls had structural issues. He is also proposing to expand the front facade 12 feet to the west and 16 feet on the front portion. The building will be shades of gray with a charcoal asphalt shingle roof. The stucco will be medium gray with white trim.

Mayor McArthur stated he would like to see a color board of the materials to be used. This is a requirement of a PD zone.

Mr. Nicholson advised that the Planning Commission recommended approval subject to additional improvements being made to the two story portion of the buildings rear wall, including the following:

1. Decorative corner coins installed on building corners similar to the front and side treatment.
2. At least two paint colors used to provide more visual interest.
3. Window treatments for the existing windows to provide visual interest.

Councilmember Pike inquired about coins on the smaller one story portions.

Mr. Nicholson replied the Planning Commission was only concerned with the center two story portion of the building.

Mayor McArthur again stated a colorboard was needed. He commented that while he agreed with the concept, the City has rules which need to be followed.

Jeff Mathis, architect, explained the colors will be gray and black and white. He stated he would provide stucco samples.

MOTION: A motion was made by Councilmember Pike to table this item until next weeks City Council meeting.
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.

PUBLIC HEARING/AMEND FINAL PLAT/ORDINANCE:
Public hearing to consider a request to amend and extend the final plat for Desert Hills Subdivision Phase 6 located at the intersection of Price Hills Drive and 540 East Street and also White Ridge Drive to amend the uses within the Open Space zone.

and

Consider approval of an amendment to the Hidden Valley- Fossil Hills Planned Development zone to allow the use of 1.03 acres of Open Space adjacent to Lot 140 of Phase 6 in the Desert Hills Subdivision for an extension of the residential backyard with a garden, swimming pool and a golf chipping green.

City Planner Craig Harvey explained the request to amend the plat is to allow the applicant to use 1.033 acres of open space adjacent to his home for a private garden, pool, and golf chipping green. Jeff Johansen is the applicant. The property is zoned Open Space and PD Residential. The parcel is currently owned by SITLA. SITLA is willing to sell the parcel to the applicant if the applicant first obtains approval for the zone change and final plat amendments prior to the sale. The back portion will be unobstructed and left open space. He presented slides of the site. The site is an isolated peninsula. The Planning Commission recommends approval subject to the following conditions:

1. The zone change amendment shall be restricted to the 1.033 acre parcel as described in the legal description in the exhibits.


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February 3, 2011
Page Eight

2. The open space uses shall be amended to allow the following uses for the 1.033 acre parcel: private garden, extension of the residential backyard, swimming pool, golf chipping green.

3. Most of the peninsula area remain unfenced and a note attached to the final plat amendment to state such.

Adjacent property owners were notified of the plat amendment and zone change and no objections have been received. The applicant has to abide by the hillside ordinance and the no build area will be designated on the plat.

Jeff Johansen, applicant, stated he had a desire to make the area behind his home look better.

Councilmember Bunker inquired if approval of this request would set a precedent.

Bob Nicholson replied that there have been a number of people who have purchsed surplus property behind their homes that back up to City golf courses. These areas have been maintained as open space and used for landscaping and gardens. There have been a number of open space additions to rear yards over the years.

City Attorney Shawn Guzman advised that the Legal Department has had problems in the past with properties which have dual zoning. He suggested that since in this case any structure would be restricted by the width of the property, from a legal standpoint it would be easier to have the property remain in PD zoning.

Bob Nicholson advised if the extra property was zoned PD, under City Code buildings could be constructed on the site, such as a detached garage.

City Attorney Shawn Guzman suggested that a no build easement be recorded on the plat, and the property remain zoned as PD.

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

Councilmember Almquist commented he hoped the hillside would be respected, with no toppling over the edge or pushing things down the hill.

Mr. Johansen stated that nothing would be pushed over the sides and the hillside will not be changed.

City Attorney Shawn Guzman commented that the easement needs to include the list of approved uses.

MOTION: A motion was made by Councilmember Pike to amend the plat for Hidden Valley - Fossil Hills Planned Development Zone to include the 1.033 acre parcel into the PD zone with an easement to be recorded limiting the uses to those recommended by the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call 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.

MOTION: A motion was made by Councilmember Pike to approve amendment and extension of the final plat for Desert Hills Subdivision Phase 6 with the same easement limiting the uses to those recommended by the Planning Commission.
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 Bunker - aye
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February 3, 2011
Page Nine

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.
ORDINANCE:
Consider approval of an ordinance making unlawful certain intoxicating compounds.

City Attorney Shawn Guzman advised there is concern nationwide with these substances and the federal government is addressing it. This ordinance deals with a substance commonly referred to as spice. It also deals with a number of chemical compounds that are synthetic but have the same effect as marijuana. They are sold as incense or other things not to be inhaled. This ordinance makes the sale, distribution, possession or ingestion of these chemical compounds Class B misdemeanors punishable up to six months in jail. The State legislature is working on a new state law with regard to spice and once it is in place, the City will repeal this ordinance and adopt the State law. The law will be amended often to include the latest versions of these drugs.

Lt. Dave Moss explained the police are seeing more and more spice. House Bill 23 has passed the house and it is expected to pass the senate, but it will not go in effect until July. Until then, passage of this ordinance by the City will help enforcement efforts now. He advised that spice is more dangerous than marijuana because it is a synthetic and is mixed in higher quantities with more potency.

Councilmember Almquist inquired if the ordinance made bath salts illegal.

Lt. Moss replied that no, the chemicals that make up bath salts are different and are not as readily available here, although this may need to be addressed in the future.

Councilmember Bunker suggested that educating parents about the danger of spice is important.

Councilmember Pike suggested that education could be done in conjunction with the School Resource Officers.

Lt. Moss advised they currently do an average of ten presentations a month and have been addressing spice for the past six months.

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

APPEAL OF SIGN PERMIT DENIAL:
Consider an appeal of a sign permit denial to construct a billboard with a height of 115 to the top of the sign proposed along Interstate I-15 south of the Dixie Center. Sandpoint, LLC, applicant. David Jeffs, representative.

City Manager Gary Esplin recommended that this item be continued for two weeks.

MOTION: A motion was made by Councilmember Bunker to table this item for two weeks.
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.




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February 3, 2011
Page Ten

AGREEMENT:
Consider approval of a Federal Aid Agreement with UDOT for the East Dixie Drive project.

City Manager Gary Esplin explained this agreement is for the portion of road adjacent to Dixie Drive that the City put in a few year ago. The first two lanes were built and widened to get it ready for extension of the road. Federal funds are received each year under the MPO program and some of these funds were earmarked for improvements on east Dixie Drive. He recommended approval of the agreement in the amount of $716,507 with $48,508 as the Citys match. This extension will tie into the improvements the state is doing over the freeway to create four lanes of traffic from there to Riverside Drive. If the bids come in low enough, another inch of asphalt will be added. Next year there will be additional MPO funds for a traffic signal, if necessary, plus curb and gutter.

Cameron Cutler commented they are trying to incorporate bike lanes in the shoulders.

City Manager Gary Esplin commented that additional parking may be needed at the Cottonwood Cove Park.

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

The vote was unanimous and the motion carried.

CHANGE ORDER AT WATER TANK SITE:
City Manager Gary Esplin advised that there have been problems at the East Bloomington water tank site. The water tank was supposed to have been built on limestone, but excavation revealed yellow clay and a red claystone layer. As a result, the site has to be over-excavated by three feet and structural fill put in, in the amount of $88,562. Under the Citys ordinance the City Manager has authority to authorize a change order in an amount up to $50,000. Even though this item is not on the agenda, he wanted to make the City Council aware of it and if the Council feels inclined to approve it, they will proceed with the changes at the site and the matter will be put on the next Council agenda. It was the consensus of the City Council to proceed with the change order.

A brief discussion was held on the use of surplus box culverts no longer needed at the bridge at Valley View Drive for access across Halfway Wash for students crossing the wash.

APPOINTMENT:
Mayor McArthur recommended that Brent Heaton be reappointed to the Board of Adjustment for a term of five years.

MOTION: A motion was made by Councilmember Bunker to reappoint Brent Heaton to the Board of Adjustment was 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 Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the January 13, 2011 City Council meeting.

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


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February 3, 2011
Page Eleven

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the January 20, 2011 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 Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

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

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn 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 Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.




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Gay Cragun, City Recorder