City Council Minutes

Thursday, May 3,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 3, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS



PRESENT:
Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gail Bunker
Councilmember Ben Nickle
Councilmember Jimmie Hughes
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Christina Fernandez

EXCUSED:
Councilmember Gil Almquist

OPENING:

Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Mayor McArthur. The invocation was offered by Reverend Alex Wilkie.

Mayor McArthur announced that the Ironman Triathlon will be held this weekend. He stated the event is great for the community and encouraged citizens to visit the City website or call the Ironman hotline for more information.

Mayor McArthur announced the City will sponsor Water Week next week. He talked about the different events that will be held throughout the week and explained that the philosophy of the City is to deliver water to citizens at the lowest cost possible allowing the City to conserve about 15 percent for the last 4 or 5 years. The City will be reviewing the rates in the next few months.

Mayor McArthur read and signed a proclamation proclaiming the first week in May as Youth Week. He then presented the proclamation to Lynn Murray.

Lynn Murray announced there will be a carnival held at the Elks Lodge on May 12.

Mayor McArthur read and signed a proclamation proclaiming the Month of May as Foster Care Month. He then presented the proclamation to Debbie Hofheins.

Debbie Hofheins introduced Miss Washington County, Krissia Beatty. Ms. Hofheins presented the Mayor and Council with the annual report from the Utah Foster Care. Ms. Beatty stated her family has been a foster family for several years. Ms. Hofheins requested permission to hang a banner on the fence at Bluff Street Park advertising Foster Care Month. It was the consensus of the City Council to allow installation of the banner.

Mayor McArthur read and signed a proclamation proclaiming the week of May 12 as Week of the Young Child. He then presented the proclamation to Councilmember Gail Bunker.

Councilmember Bunker explained The St. George Childrens Museum is sponsoring the event to be held on May 12 at Town Square.

Mayor McArthur read and signed a proclamation proclaiming May 15 as Disability Awareness Day. He then presented the proclamation to Jamie Moore and Barbara Leffler.

Jamie Moore stated the Red Rock Center will be holding a celebration on May 15 at Town Square.

Recreation Manager Steve Bingham announced the City will be hosting the NJCAA Softball Tournament this month. Mr. Bingham stated he was very excited about a clinic the NJCAA players will be holding featuring 3 time Olympian Crystl Bustos as well as players from the Salt Lake Community College such as Starlee Huthchings and Whitney Waters.

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



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May 3, 2012
Page Two

RESOLUTION:
Consider approval of a resolution adopting the 2012-2013 preliminary fiscal budget for the City of St. George, Utah.

City Manager Gary Esplin explained State Law requires the budget be submitted to City Council to adopt a resolution to begin the process of approving the budget in June. The preliminary fiscal budget will be added to the City website and to allow ample time for public comment. Mr. Esplin stated the total budget is well over 200 million dollars and takes a lot of time and effort. State law requires the budget be balanced. The City is not proposing to increase property tax however, there will be a small increase in sales tax. The 2012-2013 budget for the General Fund is the same amount as it was in 2007. Over the last six budget years, the City has decreased the budget and has gotten back to where it was in 2007. The population has not gone down nor have the service requests gone down. The employees of the City have done an outstanding job completing the numerous projects and meeting the demands of the City with decreased revenues. During this time, the City has completed several large projects with the largest being the Replacement Airport. He explained that although the City has not increased water and power rates in several years, the cost of wholesale water and power has increased significantly. City staff will conduct a study and will report back to Council in late summer. The City has kept its bond rating in place when many places across the Country have seen a reduction in their ratings due to borrowing funds. Mr. Esplin thanked the Budget and Financial Planning Manager, Deanna Brklacich, for her time and effort putting the budget together.

Mayor McArthur explained a resolution is needed.

Councilmember Bunker stated how fortunate the City is to have such confidence in staff during the budget process. Departments of the City have made sacrifices over the last couple of years but have always kept a balanced budget and she is grateful to City Manager Gary Esplin as well as Budget and Financial Planning Manager Deanna Brklacich, Finance Director Philip Peterson and all other City Staff involved with the budget process.

Mayor McArthur stated he has come into City Hall some late evenings and has seen Deanna or Gary still in their offices. He is grateful for their dedication and hard work.

MOTION: A motion was made by Councilmember Pike to approve the resolution adopting the 2012-2013 preliminary fiscal budget for the City of St. George, Utah.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

BUSINESS LICENSE:
Consider approval of a business license for a dance hall. Harold Hilburn,
applicant.

City Manager Gary Esplin explained this item was tabled at a previous meeting. He now recommends approval since all details have been worked out with the Police Department.

Harold Hilburn stated that he has met with the Police Department and he is in full agreement.

Councilmember Bunker inquired if the event will be advertised to the public.

Mr. Hilburn answered the event will be advertised to the public.

Mayor McArthur asked if these promotions are held each week or if these events were going to be held occasionally.

City Attorney Shawn Guzman clarified the applicant could host a dance each week.


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May 3, 2012
Page Three

City Manager Gary Esplin advised if the applicant were to hold an event beyond what the business license covers, the applicant will have to inform the Police Department.

MOTION: A motion was made by Councilmember Hughes to approve the business license.
SECOND: The motion was seconded by Councilmember Nickle as long as the
request meets the approval of City Manager Gary Esplin.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a request for a beer license and local consent for a limited restaurant liquor license for the Brick Oven restaurant at 1410 E. St. George Blvd. Jeffrey Creer, applicant.

Business License Officer Shiloh Kirkland explained the applicant has a current restaurant license. The applicant is now requesting the City approve a beer license.

MOTION: A motion was made by Councilmember Bunker to approve the beer license and local consent for a limited restaurant liquor license for the Brick Oven restaurant.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held April 24, 2012, recommended that public hearings be scheduled for May 17, 2012 to consider a zone change request from RCC to PD-RES for a skilled nursing and assisted living facility called Seasons on 1.98 acres generally located at 126 West and 200 North. The applicant is SHCG LLC, Mr. James Dean representative.

MOTION: A motion was made by Councilmember Pike to set the public hearings as recommended.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Project Manager Todd Jacobsen advised the Planning Commission recommends the approval of the final plat for a roadway dedication at 940 West Circle located East of Valley View Drive at approximately 750 North.

Councilmember Bunker inquired who was building the cul-de-sac.

Mr. Jacobsen answered the roadway is being dedicated by the Church of Jesus Christ of Latter Day Saints.

City Manager Gary Esplin explained there was some controversy when the road was started because there was concern about the traffic flow.

Project Manager Todd Jacobsen advised the Planning Commission recommends the approval of the final plat for Sun Valley Estates Phase 8" a 3 lot residential


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May 3, 2012
Page Four

subdivision. The property is zoned RE-12.5 and is located at 3630 South Street and
Banded Hills Drive.

Project Manager Todd Jacobsen advised the Planning Commission recommends the approval of the final plat for Sun Valley Estates Phase 9" a 15lot residential subdivision. The property is zoned RE-12.5 and is located at 3580 South Street and 2870 East Street.

MOTION: A motion was made by Councilmember Bunker to approve the final plats: (1) Roadway dedication at 940 West Circle, (2) Sun Valley Estates Phase 8 and (3) Sun Valley States Phase 9.
SECOND: The motion was seconded by Councilmember Nickle.

VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to allow for additional power pole height of up to 90' for power line transmission poles in the vicinity of 3050 East Street and running east-west generally behind the Walmart, Home Depot, Albertsons and Big Lots stores. Rocky Mountain Power Co., applicant.

City Planner Ray Snyder stated 90-95 percent of the businesses are located in Washington City; only a small portion are in St. George. Rocky Mountain Power Company would like to raise the height from 70 feet to 90 feet. The plan is to have all power lines on one metal pole instead of 2 wooden poles.

Councilmember Hughes commented this was discussed during the Planning Commission meeting and makes sense to have all poles the same height.

Councilmember Bunker asked if the poles would be wider.

Councilmember Hughes answered yes, the poles will be wider and will be made from metal rather than wood.

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

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish an Arts Education Resource Center at 307 No. Main in the Historic Landmark property known as the Orvil Hafen home.

City Planner Craig Harvey explained the permit will provide limited commercial use for Arts Education which falls within the City ordinance. He stated the existing tennis court, located in the front of the property, will be converted to a parking area which will be used primarily by teachers as most students will arrive by bus. As per the conditions of the property being designated a landmark, the home will be restored to near its original appearance. The improvements will include a new roof and adding redwood siding to portions of the homes facade. Mr. Harvey stated the Planning Commission recommends approval.

Mayor McArthur added he believes this is a great use for the property.

Property Owner, Ernie Doose, stated the outpouring support from the community was tremendous.

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May 3, 2012
Page Five


Councilmember Bunker if the neighbors were notified and if there was any feedback.

Mr. Harvey explained there was a notice to all neighbors but he has not heard of any feedback.

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

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider public comment on the Annual Action Plan for FY 2012-2013 under the Citys Community Development Block Grant Program.

CDBG Administrator Brian Maxfield explained the annual action plan details the programs and how they fit in with the Citys consolidated plans. With this plan, the City would forward an application to the Denver office for approval July 1.

Councilmember Pike inquired if the funds were available through the federal government beginning July 1. He also added the City would receive approximately $456,000 in grants provided through the U.S. Urban Housing Development . He explained through the application process, the City would be responsible to decide which projects would meet the criteria and can benefit the community.

Mr. Maxfield answered the funds are available July 1 and added there is not an obligation for the City to match the funds.

Mayor McArthur stated the City meets the qualifications because of our population and that the grants are very helpful to our community.

Councilmember Pike stated some of the projects include acquisition of offices for the DOVE Center, The Learning Center for Families, Down Payment Assistance Program, as well as ADA Sidewalk ramps.

Mayor McArthur opened the public hearing.

Citizen Ed Baca inquired about the evaluation process of agencies that apply for these funds. He wondered if there was follow up and if so, are the findings public.

Mayor McArthur explained these items been discussed at previous meetings which include public comments.

City Manager Esplin stated the City is required to file reports showing how the money has been spent in addition to being audited by HUD.

Mr. Maxfield added there is a Consolidated Action Plan Evaluation Report that is done each September. The report evaluates each of the funding activities and whether or not they were successful.

Mayor McArthur explained the City has denied requests in the past because the requirements had not been met.

Mayor McArthur closed the public hearing.

MOTION: A motion was made by Councilmember Pike to approve the Annual Action Plan for FY 2012-2013 under the Citys Community Development Block Grant Program and allowing Mayor McArthur to sign the application.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:





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May 3, 2012
Page Six

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Agricultural A-1 (40,000 sq. ft. minimum lot size) to Agricultural A-20 (20 acre minimum lot size) on 4.67 acres to be combined with an existing 20 acre parcel located at 3320 East 2620 South. Jay Webb, applicant.

City Planner Craig Harvey explained the parcel currently has two zoning designations. The applicant plans to build a residence and has requested to the have the entire property to have one zone to be able to do so. Mr. Harvey stated the Planning Commission believes there will be no impact to neighbors and recommends approval.

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

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

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried

PUBLIC HEARING/CODE AMENDMENT/ORDINANCE
Public hearing to consider proposed amendments to St. George City Code, Title 10, Zoning Regulations, Chapter 10, Commercial Zones, Section 2 Permitted Uses, to add Automobile Parking Lot and also add Section 10-10-5M for regulations for automobile parking lots.

City Planner Ray Snyder advised the City received a request for a commercial zoned parcel to be developed into an automobile parking lot with no building on-site. The zoning code does not currently list automobile parking lot as a permitted use. If the ordinance is approved, automobile parking lot would need to be added as a permitted use or as a conditional use in a zoning code. In addition special provisions would need to be followed. Those conditions are as follows:

(1) Automobile parking lots shall be fully improved according to City design and construction standards and all other city regulations.
(2) Multi-level parking garages are a conditional use in the C-2, C-3, and C-4 zones, unless built on-site with a permitted primary use.
(3) Signs may designate who is allowed to park in the parking lots.
(4) Parking lots shall be located within 250 feet of the use for which it is intended, and there shall be continuous approved pedestrian access connecting the off-site parking area with the primary use.
(5) All automobiles which use the parking lot shall remain within the boundaries of the parking lot and shall not encroach onto adjacent property.
(6) All applicable landscaping requirements shall be complied with. Including but not limited to landscaping requirement for commercial zones.

Councilmember Bunker inquired if an automobile parking lot such as this could charge patrons for parking.

Mr. Snyder explained it was discussed in the Planning Commission meeting and may be a possibility.

Councilmember Bunker asked if the City should include this in the ordinance.

Councilmember Pike stated he felt it was not needed.

Councilmember Hughes stated the Planning Commission feels that if the property owner wanted to charge for parking, they would need to obtain a separate business license.

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May 3, 2012
Page Seven


Mayor McArthur opened the public hearing.

Chris Phillips on behalf of Paul and JoAnn Phillips, stated the property is located near Biolife. The realtor for Biolife has approached his parents several times to lease or sell the property because their parking lot cannot accommodate parking needs of their staff. The Phillips would rather lease the property then sell it.

Mayor McArthur stated a request such as this has never been made. The City will need to change the language of the code to accommodate the request.

City Attorney Shawn Guzman stated he spoke with the Planning staff and believes this request needs to be tabled so that the language can be looked at further.

Mayor McArthur closed the public hearing.

MOTION: A motion was made by Councilmember Bunker to move the item to the next City Council meeting.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/EASEMENT ABANDONMENT/RESOLUTION:
Public hearing to consider an easement abandonment and lot merger for Lot 75 and 74 of The Boulders Phase 3 Amended Subdivision. Elaine and Harry Boyd, applicants.

Project Manager Todd Jacobsen explained the applicants own both lots and would like to merge them into one lot. The easement needs to be abandoned. This item was discussed and approved by the JUC.

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

MOTION: A motion was made by Councilmember Pike to approve the easement abandonment and lot merger.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a roll call vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried

PUBLIC HEARING/LOT LINE ADJUSTMENT/RESOLUTION:
Public hearing to consider a lot line adjustment for Lot 102 and Lot 103 of the Prairie Hollow Subdivision. Robert Bresee and Gary Colf, applicants.

Project Manager Todd Jacobsen explained the applicants own adjacent properties in which there is an existing block wall built off the property line. The applicants would like to adjust the property line to match the block wall.

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

MOTION: A motion was made by Councilmember Hughes to approve the lot line adjustment.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye
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May 3, 2012
Page Eight


The vote was unanimous and the motion carried

City Manager advised the next four items are tied together. He explained the enhancement grant was separate from the States grant. After discussions with UDOT, he feels in order to finish the enhancement grant for Dixie Drive and complete the project by July 25, the City will need to enter into a construction management agreement similar to the way the project was built and use the States contractibility with the existing contractor to make the improements.

AGREEMENT:
Consider approval of a professional services agreement with SCS to provide independent cost estimating for the Dixie Drive Transportation Enhancement (TE) project.

City Manager Gary Esplin explained under the State program UDOT would hire an independent company to prepare a cost estimate and negotiate with the construction management.

Mayor McArthur advised the cost is plus or minus $6000.00.

City Manager Gary Esplin stated the cost is part of the total project in which the City
has a match in addition to funds coming from the enhancement grant.

AGREEMENT:
Consider approval of a professional services agreement for design services by UDOTs selected general contractor, WCC, for the Dixie Drive TE project.

City Manager Gary Esplin explained the City would enter into an agreement with UDOT to use the same contractor to add the improvements which is Wadsworth Construction Contractors.

AGREEMENT:
to provide construction management services to insure the Citys TE pr Consider approval of a professional services agreement with Parsons-Brinkerhoff oject complies with Federal Highway Administration requirements.

City Manager Gary Esplin explained the City would enter into a construction management contract with Parsons-Brinkerhoff, selected by UDOT to ensure the project complies with all federal and state requirements.

AGREEMENT:
Consider approval of a Landscape Maintenance Agreement with UDOT for maintenance of enhanced landscaping within the UDOT right-of-way and on City property adjacent to Dixie Drive.

City Manager Gary Esplin explained this item is an agreement the City has previously entered into with UDOT which states that once the landscaping was complete, the City would maintain the landscaping on the right of way.

Mr. Esplin stated the exposure to the City may be a cost increase if the project were to go out to for public bid. He feels the risk is worth getting the project done while the roadway is closed because UDOT is allowing the City to use the contractors management as part of this project. This may be the most effective way as far as timing and cost to complete the project on time.

Mayor McArthur stated the process has been reviewed and will not exceed the cost and actually may reduce the cost using this process.

City Manager Gary Esplin explained that through the process, which is administered by the State, the City is being asked because the City is a party through the enhancement grant.

Mayor McArthur commented the costs for the agreements are included in the price of the project.

Parks Planning Manager Laura Taylor added the overall transportation enhancement project is approximately $625,000.00 which includes much more than the medians. The goal of City Staff is to have the medians planted completely by July 26 with additional work needed on the side of the roadway after that date which may include road closure.


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May 3, 2012
Page Nine


City Manager Gary Esplin stated the interchange will be able to open with limited road closures if necessary since this project includes landscaping on the side of the road way as well as connection of the trails.

Mayor McArthur stated this is a significant project that will finally connect the trails in the City.

MOTION: A motion was made by Councilmember Pike to approve the professional services agreement with SCS to provide independent cost estimating for the Dixie Drive Transportation Enhancement project.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

MOTION: A motion was made by Councilmember Hughes to approve the professional services agreement for design services by UDOTs selected general contractor, WCC for the Dixie Drive Transportation Enhancement project.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

MOTION: A motion was made by Councilmember Bunker to approve the professional services agreement with Parsons-Brinkerhoff to provide construction management services to insure the Citys TE project complies iwth Federal Highway Administration requirements.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

MOTION: A motion was made by Councilmember Nickle to approve a Landscape Maintenance Agreement with UDOT for maintenance of enhanced landscaping within the UDOT right-of-way and on City property adjacent to Dixie Drive.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a diesel pick-up sled-pulling event at the Sunbowl. Robert Van Otten, applicant.

City Manager Gary Esplin stated the applicant was not present and therefore, the request should not be considered at this time.


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May 3, 2012
Page Ten

Mayor McArthur advised that although the applicant was absent he would like to continue with the action.

Councilmember Hughes inquired if the City had knowledge of why the applicant was not present.

City Manager Gary Esplin answered the applicant may not have been aware they needed to be present. It the item could be tabled at this time, the City would send the applicant a letter stating they need to be present.

Councilmember Hughes stated he would rather table the item at this time to give the applicant a chance to present their event.
The item was tabled.

LAND PURCHASE:
Consider approval to purchase parcels of land to be used for future parks.

City Manager Gary Esplin stated this item has been discussed and approved in a previous work meeting. The properties are located near the Dinosaur Museum and Sunset Elementary and will be used for building community parks.

City Attorney Shawn Guzman advised the location and purchase price was discussed during a closed meeting. The land owners are out of state and have not signed an agreement.

City Manager Gary Esplin stated that based on the terms heard, the Council can authorize the finalization and at closing, the City would receive the documentation.

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

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a Communications Site Lease Agreement with AWI.

Support Services Manager Marc Mortensen advised the agreement will be with American Wireless Inc formally Sky View Technologies to allow them to locate a piece of equipment within the fence of the Citys water tank above the new airport. In exchange the City has two designated areas for high speed wireless internet service comparable to a fiber optic cable. This would allow the airport to be on the Citys network and allow for the backup needed.

City Manager stated this agreement is similar to what the City has already done in other areas.

Mr. Mortensen stated the City has previously had agreements such as this with three other carriers and are using the same the type of contract.

MOTION: A motion was made by Councilmember Hughes to approve the communications site lease agreement.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

TEMPORARY ZONING REGULATIONS/ORDINANCE
Consider approval of an ordinance setting forth temporary zoning regulations on all property within the city of St. George for tobacco speciality businesses commonly referred to as smoke shops and hookah stores with an immediate effective date.
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May 3, 2012
Page Eleven

City Attorney Shawn Guzman advised there had recently been changes made to the state law regarding tobacco shops. The ordinance will prohibit smoke shops or stores selling tobacco and tobacco type products from transferring business licenses or locations for a period of up to six months.

Mayor McArthur stated if approved the City would have six months to craft an ordinance.

Councilmember Nickle asked Mr. Guzman to clarify whether this request will impact existing smoke shops.

Mr. Guzman stated existing smoke shops will not be affected however the police department will continue to monitor for businesses selling illegal substances.

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

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES
Consider approval of the minutes of the April 19, 2012 City Council meeting.

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

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

ADJOURN TO CLOSED SESSION:

MOTION: A motion to adjourn a closed session to discuss a possible litigation waS made by Councilmember Pike.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

RECONVENE/ADJOURN:

MOTION: A motion to to reconvene and adjourn was made by Councilmember Bunker.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Nickle - aye
Councilmember Hughes - aye
Councilmember Bunker - aye
Councilmember Pike - aye


The vote was unanimous and the motion carried.





Christina Fernandez, Deputy City Recorder