NOTICE OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ST. GEORGE, WASHINGTON COUNTY, UTAH

Public Notice

Public notice is hereby given that the City Council of the City of St. George, Washington County, Utah, will hold a regular meeting at the St. George City Offices located at 175 East 200 North, St. George, Utah, on Thursday, January 16, 2020 commencing at 5:00 p.m.

The agenda for the meeting is as follows:

Call to Order Invocation Flag Salute

1. Consent Calendar.

a. Consider award of bid to Val Kotter & Sons for the 2019 Sewer Relining project.

BACKGROUND and RECOMMENDATION: The purpose of this project is to reduce and prevent groundwater infiltration and microbial-induced corrosion of the sewer lines in the Bloomington area, specifically Baneberry Drive and Mulberry Drive. Approximately 4,000 feet of sewer will be relined. This was a formal bid and three (3) bids were received. Staff recommends approval in the amount of $254,524.

b. Consider award of bid to Pipeline Inspection Services for the 2019 Manhole Rehab project.

BACKGROUND and RECOMMENDATION: The purpose of this project is to reduce and prevent groundwater infiltration and microbial-induced corrosion of the sewer lines in the area of the Virgin River from Mall Drive to 1450 South and River Road. Approximately twenty-seven (27) manholes will be treated on this regional waterline and will be funded by regional funds. This was a formal bid and three (3) bids were received. Staff recommends approval in the amount of $118,325.

c. Consider award of bid to Precision Contractors for the Sand Hollow Regional Pipeline South Connection Project.

BACKGROUND and RECOMMENDATION: This pipeline will connect the Sand Hollow Regional Pipeline to the City of St. George system with the connection point being at the airport. This was a formal bid and eight (8) bids were received. Staff recommends approval in the amount of $798,829.25. The project will be funded by impact fees in the Capital Facilities Plan.

d. Consider approval of the minutes from the meetings held on November 7, 2019; November 21,2019; December 5, 2019; December 6, 2019; December 11, 2019; January 6, 2020; January 9, 2020 (regular Meeting); and January 9, 2020 (work meeting).

2. Consider approval of an Interlocal Agreement between the City and Washington County for 2020-2024 Ironman events.

BACKGROUND and RECOMMENDATION: This agreement is very similar to past interlocal agreements between the City and Washington County for Ironman events over the past decade. In the agreement, the City agrees to host the Ironman event at Town Square (for the Ironman Village, T2, T3, and finish line), waive special event and vendor permit fees, provide outdoor storage space, provide police, emergency and other municipal services within the city, coordinate traffic control, provide electrical services and lighting at Town Square and notify the community of the events. The City agrees to provide services (those mentioned above plus staging) valued up to $25,000 per event and up to $50,000 value in services for the 2-day world championship event in 2021. The term of the agreement includes all 2020- 2024 Ironman events (6 total: two full distance, three 70.3 distance and one world championship). Staff recommends approval.

3. Public hearing and consideration of a resolution to review and approve amendments to the Fiscal Year 2019-20 Budget.

BACKGROUND and RECOMMENDATION: City departments have submitted requests for adjustments to their fiscal year 2019-20 department budgets after completion of 50% of the fiscal year. Budget opening requests submitted consist primarily of projects approved and started in the previous year which need to be carried over to the current year; project re-allocations; and new contractually- funded or new grant- funded projects. Staff recommends taking public comment and approval of the resolution.

4. Consider approval of a conditional use permit to allow replacement of the existing AWI tower in the Open Space zone located at 845 East Red Hills Parkway.

BACKGROUND and RECOMMENDATION: The original tower was placed in the 1950's. Due to age and other factors it needs to be replaced. It serves AWI/Wico and it also serves the City's network systems, Water Department, the regional airport, and emergency services. Staff recommends approval.

5. Consider approval of a conditional use permit to develop a 2.5 story building at approximately 1300 South Hilton Drive in the Commerce Point commercial subdivision.

BACKGROUND and RECOMMENDATION: The Commerce Point subdivision was recorded March 23, 2018. As the overall project will have an aggregate ground floor area greater than 20,000 square feet, a conditional use permit is required. Staff recommends approval.

6. Appointments to Boards and Commissions of the City.

7. Reports from Mayor, Councilmembers, and City Manager.

8. Request a closed session to discuss litigation, property acquisition or sale or the character and professional competence or physical or mental health of an individual.

______Christina Fernandez, City Recorder Date

REASONABLE ACCOMMODATION: The City of St. George will make efforts to provide reasonable accommodations to disabled members of the public in accessing City programs. Please contact the City Human Resources Office, 627-4674, at least 24 hours in advance if you have special needs. DRAFT Agenda Item Number :1a Request For Council Action

Date Submitted 01/09/2020 12:59 PM Proposed City Council 01/16/2020 Date Applicant John Cazier Subject Consider award of bid to Val Kotter & Sons for the 2019 Sewer Relining project. Background The purpose of this project is to reduce and prevent groundwater infiltration and microbial-induced corrosion of the sewer lines in the Bloomington area, specifically Baneberry Dr. and Mulberry Dr. Approximately 4,000 feet of sewer will be relined. This was a formal bid and three (3) bids were received. Proposed Resolution Staff recommends approval. Cost $$254,524 Action Taken Requested by Brett Whitelaw File Attachments 2019sewerreliningbidtab010920125909.pdf Approved by Legal Yes Department? Approved by City Admin Yes Services? Approved in Budget? Yes Amount: 300000 St. George City 2019 Sewer Relining Project Bid Date: January 7, 2020

Insituform Technologies C&L Water Solutions Val Kotter & Sons Item No. Item Description Quantity Units Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization 1 L.S. $0.00 $0.00 $47,728.00 $47,728.00 $15,000.00 $15,000.00 2 Furnish and Install 18" Liner 408 L.S. $0.00 $0.00 $89.00 $36,312.00 $105.00 $42,840.00 3 Furnish and Install 8" Liner 2894 Each $0.00 $0.00 $44.00 $127,336.00 $36.00 $104,184.00 Furnish and Install 8"x4" Lateral Connection $0.00 $0.00 $2,938.00 $76,388.00 $1,800.00 $46,800.00 4 Including Lateral Liner Insert 26 Each 5 Point Repair Including Surface Improvments 1 Each $0.00 $0.00 $6,224.00 $6,224.00 $2,900.00 $2,900.00 6 Furnish and Install 12" Liner 804 Each $0.00 $0.00 $58.00 $46,632.00 $50.00 $40,200.00 Furnish and Install 12"x6" Lateral Connection 7 Including Lateral Liner Insert 1 Each $0.00 $0.00 $3,578.00 $3,578.00 $2,600.00 $2,600.00 TOTAL OF BASE BID $0.00 $344,198.00 $254,524.00

Prepared By: Water Services 1/9/2020 DRAFT Agenda Item Number :1b Request For Council Action

Date Submitted 01/09/2020 12:54 PM Proposed City Council 01/16/2020 Date Applicant John Cazier Subject Consider award of bid to Pipeline Inspection Services for the 2019 Manhole Rehab project. Background The purpose of this project is to reduce and prevent groundwater infiltration and microbial-induced corrosion of the sewer lines in the area of the Virgin River from Mall Drive to 1450 South and River Road. Approximately 27 manholes will be treated on this regional waterline and will be funded by regional funds. This was a formal bid and three bids were received. Proposed Resolution Staff recommends approval. Cost $$118,325 Action Taken Requested by Brett Whitelaw File Attachments 2019manholerehabbidtab010920125459.pdf Approved by Legal Yes Department? Approved by City Admin Yes Services? Approved in Budget? Yes Amount: 150,000.00 St. George City 2019 Sewer Manhole Rehab Project Bid Date:January 7, 2020

Pipeline Inspection Services Advanced Lining, LLC Cardinal Coatings, LLC Item No. Item Description Quantity Units Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization 1 L.S. $8,500.00 $8,500.00 $7,875.00 $7,875.00 $11,548.00 $11,548.00 2 Traffic Control 1 L.S. $6,500.00 $6,500.00 $7,500.00 $7,500.00 $12,200.00 $12,200.00 3 60" Sewer Manhole #4802 (25.16') 1 Each $9,375.00 $9,375.00 $10,832.72 $10,832.72 $10,064.00 $10,064.00 4 60" Sewer Manhole #4807 (15.61') 1 Each $5,625.00 $5,625.00 $6,770.45 $6,770.45 $6,244.00 $6,244.00 5 60" Sewer Manhole #4808 (11.65') 1 Each $4,125.00 $4,125.00 $5,077.84 $5,077.84 $4,660.00 $4,660.00 6 60" Sewer Manhole #4809 (12.53') 1 Each $4,500.00 $4,500.00 $5,302.11 $5,302.11 $5,012.00 $5,012.00 7 60" Sewer Manhole #4859 (10.85') 1 Each $4,125.00 $4,125.00 $4,591.21 $4,591.21 $4,340.00 $4,340.00 8 60" Sewer Manhole #4861 (10.95') 1 Each $4,125.00 $4,125.00 $4,633.52 $4,633.52 $4,380.00 $4,380.00 9 60" Sewer Manhole #4888 (11.35') 1 Each $4,125.00 $4,125.00 $4,802.79 $4,802.79 $4,540.00 $4,540.00 10 60" Sewer Manhole #4889 (9.52') 1 Each $3,750.00 $3,750.00 $4,028.42 $4,028.42 $3,808.00 $3,808.00 11 60" Sewer Manhole #6417 (5.45') 1 Each $1,875.00 $1,875.00 $2,306.18 $2,306.18 $2,180.00 $2,180.00 12 60" Sewer Manhole #6420 (11.80') 1 Each $4,500.00 $4,500.00 $4,993.20 $4,993.20 $4,720.00 $4,720.00 13 60" Sewer Manhole #6421 (5.35') 1 Each $1,875.00 $1,875.00 $2,263.87 $2,263.87 $2,140.00 $2,140.00 14 60" Sewer Manhole #6428 (4.25') 1 Each $1,500.00 $1,500.00 $1,798.40 $1,798.40 $1,700.00 $1,700.00 15 60" Sewer Manhole #6814 (4.85') 1 Each $1,875.00 $1,875.00 $2,052.29 $2,052.29 $1,940.00 $1,940.00 16 60" Sewer Manhole #6825 (5.32') 1 Each $1,875.00 $1,875.00 $2,251.17 $2,251.17 $2,128.00 $2,128.00 17 60" Sewer Manhole #6993 (6.73') 1 Each $2,625.00 $2,625.00 $2,847.82 $2,847.82 $2,692.00 $2,692.00 18 60" Sewer Manhole #6997 (4.95') 1 Each $1,875.00 $1,875.00 $2,094.61 $2,094.61 $1,980.00 $1,980.00 19 60" Sewer Manhole #7004 (7.90') 1 Each $3,000.00 $3,000.00 $3,342.91 $3,342.91 $3,160.00 $3,160.00 20 60" Sewer Manhole #7008 (6.95') 1 Each $2,625.00 $2,625.00 $2,940.91 $2,940.91 $2,780.00 $2,780.00 21 60" Sewer Manhole #7014 (7.95') 1 Each $3,000.00 $3,000.00 $3,364.07 $3,364.07 $3,180.00 $3,180.00 22 60" Sewer Manhole #7016 (6.90') 1 Each $2,625.00 $2,625.00 $2,919.76 $2,919.76 $2,760.00 $2,760.00 23 60" Sewer Manhole #7158 (14.03') 1 Each $5,250.00 $5,250.00 $5,936.84 $5,936.84 $5,612.00 $5,612.00 24 60" Sewer Manhole #7159 (12.85') 1 Each $4,875.00 $4,875.00 $5,437.52 $5,437.52 $5,140.00 $5,140.00 25 60" Sewer Manhole #7163 (8.93') 1 Each $3,375.00 $3,375.00 $3,778.76 $3,778.76 $3,572.00 $3,572.00 26 60" Sewer Manhole #7164 (9.57') 1 Each $3,750.00 $3,750.00 $4,049.57 $4,049.57 $3,828.00 $3,828.00 27 60" Sewer Manhole #7169 (8.10') 1 Each $3,000.00 $3,000.00 $3,427.54 $3,427.54 $3,240.00 $3,240.00 28 60" Sewer Manhole #7170 (6.20') 1 Each $2,250.00 $2,250.00 $2,623.55 $2,623.55 $2,480.00 $2,480.00 29 60" Sewer Manhole #11347 (15.26') 1 Each $5,625.00 $5,625.00 $6,457.31 $6,457.31 $6,104.00 $6,104.00 Furnish and Install Groundwater Infiltration $950.00 $950.00 $800.00 $800.00 $500.00 $500.00 30 Repair 1 Each Furnish and Install Additional Liner Thickness 31 (250 mil increments) 15 V.F. $350.00 $5,250.00 $170.08 $2,551.20 $400.00 $6,000.00 TOTAL OF SCHEDULE $118,325.00 $129,651.54 $134,632.00

Prepared By: Water Services 1/9/2020 DRAFT Agenda Item Number :1c Request For Council Action

Date Submitted 01/09/2020 12:49 PM Proposed City Council 01/16/2020 Date Applicant Kade Bringhurst Subject Consider award of bid to Precision Contractors for the Sand Hollow Regional Pipeline South Connection Project. Background This pipeline will connect the Sand Hollow Regional Pipeline to the City of St. George system with the connection point being at the airport. This will be funded by impact fees in the Capital Facilities Plan. This was a formal bid and eight bids were received. Proposed Resolution Staff recommends approval. Cost $798,829.25 Action Taken Requested by Brett Whitelaw File Attachments bidtabulationsandhollowpipelinesouthconnection010920124943.pdf Approved by Legal Yes Department? Approved by City Admin Yes Services? Approved in Budget? Yes Amount: 1,000,000.00 City of St. George Sand Hollow Regional Pipeline South Connection Project Bid Tabulation Bid: January 7, 2020 - 2:00 pm

BID SCHEDULE

Precision Contractors, Inc. JP Excavating Sunroc Meadow Valley Contractors Interstate Rock Terry Brotherson Royal T Enterprises Feller Enterprises

Item Item Description Quantity Units Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

1 Mobilization 1 L.S. $21,500.00 $21,500.00 $16,000.00 $16,000.00 $44,290.00 $44,290.00 $104,800.00 $104,800.00 $69,129.97 $69,129.97 $113,880.00 $113,880.00 $149,000.00 $149,000.00 $250,000.00 $250,000.00

2 Removals 1 L.S. $2,000.00 $2,000.00 $2,500.00 $2,500.00 $1,880.00 $1,880.00 $6,930.00 $6,930.00 $2,784.32 $2,784.32 $15,000.00 $15,000.00 $6,000.00 $6,000.00 $25,000.00 $25,000.00

3 Roadway Excavation (Cut) 26,800 C.Y. $1.94 $51,992.00 $1.50 $40,200.00 $2.81 $75,308.00 $4.40 $117,920.00 $5.36 $143,648.00 $5.95 $159,460.00 $1.75 $46,900.00 $10.00 $268,000.00

4 Roadway Excavation (Fill) 605 C.Y. $2.11 $1,276.55 $4.00 $2,420.00 $3.05 $1,845.25 $5.50 $3,327.50 $1.47 $889.35 $6.00 $3,630.00 $4.4628 $2,699.99 $12.00 $7,260.00

5 3-ft. Roadway Over-excavation 11,807 C.Y. $2.25 $26,565.75 $2.50 $29,517.50 $4.50 $53,131.50 $5.00 $59,035.00 $9.99 $117,951.93 $6.00 $70,842.00 $5.2003 $61,399.94 $15.00 $177,105.00

6 5-ft Roadway Over-excavation 597 C.Y. $2.25 $1,343.25 $4.00 $2,388.00 $16.00 $9,552.00 $15.00 $8,955.00 $7.63 $4,555.11 $7.00 $4,179.00 $14.7404 $8,800.02 $18.00 $10,746.00

7 Furnish & Install 24" Class 51 Ductile Iron Pipe with Poly Sock 5,212 L.F. $113.91 $593,698.92 $137.00 $714,044.00 $134.80 $702,577.60 $145.00 $755,740.00 $174.53 $909,650.36 $177.17 $923,410.04 $220.0691 $1,147,000.15 $250.00 $1,303,000.00

8 Furnish & Install 24" Butterfly Valve 1 Each $6,832.25 $6,832.25 $9,000.00 $9,000.00 $10,080.00 $10,080.00 $8,270.00 $8,270.00 $8,947.94 $8,947.94 $9,392.56 $9,392.56 $13,000.00 $13,000.00 $26,000.00 $26,000.00

9 Furnish & Install 16" Butterly Valve 3 Each $3,266.95 $9,800.85 $4,200.00 $12,600.00 $9,464.00 $28,392.00 $4,060.00 $12,180.00 $4,726.81 $14,180.43 $5,635.28 $16,905.84 $6,000.00 $18,000.00 $11,000.00 $33,000.00

10 Furnish & Install 20" Motor Operated Butterfly Valve in Existing Vault 1 L.S. $11,587.09 $11,587.09 $19,000.00 $19,000.00 $31,140.00 $31,140.00 $15,300.00 $15,300.00 $18,182.46 $18,182.46 $17,197.52 $17,197.52 $18,700.00 $18,700.00 $35,000.00 $35,000.00

11 Furnish & Install 20" D.I. Spool in Existing Vault w/Pipe Supports 1 Each $5,675.72 $5,675.72 $8,000.00 $8,000.00 $9,453.00 $9,453.00 $3,410.00 $3,410.00 $8,228.22 $8,228.22 $7,900.00 $7,900.00 $9,100.00 $9,100.00 $95,000.00 $95,000.00

12 Furnish & Install 20" Dismantling Joint in Existing Vault 1 Each $3,328.86 $3,328.86 $3,900.00 $3,900.00 $4,876.00 $4,876.00 $4,130.00 $4,130.00 $4,696.91 $4,696.91 $3,818.76 $3,818.76 $4,400.00 $4,400.00 $75,000.00 $75,000.00

13 Furnish & Install 24" 90 Degree Elbow 2 Each $2,468.75 $4,937.50 $3,200.00 $6,400.00 $15,005.00 $30,010.00 $3,400.00 $6,800.00 $2,914.63 $5,829.26 $2,363.78 $4,727.56 $4,700.00 $9,400.00 $20,000.00 $40,000.00

14 Furnish & Install 24" 45 Degree Elbow 2 Each $1,989.63 $3,979.26 $2,400.00 $4,800.00 $3,637.00 $7,274.00 $2,830.00 $5,660.00 $3,239.56 $6,479.12 $2,486.96 $4,973.92 $4,100.00 $8,200.00 $65,000.00 $130,000.00

15 Furnish & Install 24" 22.5 Degree Elbow 1 Each $1,925.81 $1,925.81 $2,500.00 $2,500.00 $3,532.00 $3,532.00 $2,760.00 $2,760.00 $3,158.82 $3,158.82 $2,416.76 $2,416.76 $4,000.00 $4,000.00 $5,500.00 $5,500.00

16 Furnish & Install 24" x 20" Reducer 1 Each $2,002.42 $2,002.42 $2,600.00 $2,600.00 $3,277.00 $3,277.00 $2,890.00 $2,890.00 $3,427.86 $3,427.86 $2,651.12 $2,651.12 $4,100.00 $4,100.00 $4,500.00 $4,500.00

17 Furnish & Install 24" x 16" Reducer 1 Each $1,570.33 $1,570.33 $2,200.00 $2,200.00 $2,693.00 $2,693.00 $2,410.00 $2,410.00 $2,867.87 $2,867.87 $2,162.96 $2,162.96 $3,500.00 $3,500.00 $3,500.00 $3,500.00

18 Furnish & Install 24" FL x MJ Adaptor 4 Each $1,681.69 $6,726.76 $1,900.00 $7,600.00 $2,884.75 $11,539.00 $2,470.00 $9,880.00 $2,732.74 $10,930.96 $2,044.43 $8,177.72 $2,700.00 $10,800.00 $12,500.00 $50,000.00

19 Furnish & Install 16" x 16" x 16" Tee 1 Each $7,657.73 $7,657.73 $2,300.00 $2,300.00 $2,888.00 $2,888.00 $4,080.00 $4,080.00 $2,897.25 $2,897.25 $2,087.80 $2,087.80 $5,200.00 $5,200.00 $3,500.00 $3,500.00

20 Furnish & Install 16" Dismantling Joint 1 Each $1,901.55 $1,901.55 $3,200.00 $3,200.00 $3,446.00 $3,446.00 $2,730.00 $2,730.00 $3,457.83 $3,457.83 $2,577.04 $2,577.04 $3,200.00 $3,200.00 $4,000.00 $4,000.00

21 Furnish & Install 16" HDPE Flange Adaptor w/ Backup Ring 2 Each $653.69 $1,307.38 $1,200.00 $2,400.00 $1,473.50 $2,947.00 $1,520.00 $3,040.00 $2,062.88 $4,125.76 $3,159.88 $6,319.76 $1,300.00 $2,600.00 $1,500.00 $3,000.00

22 Sawcut, Remove & Replace Existing Asphalt (3-1/2" Asphalt over 8" Roadbase) 715 S.F. $6.77 $4,840.55 $7.75 $5,541.25 $6.26 $4,475.90 $6.60 $4,719.00 $5.51 $3,939.65 $10.79 $7,714.85 $7.6923 $5,499.99 $8.00 $5,720.00

23 Remove and Replace Chain Link Fencing 50 L.F. $18.90 $945.00 $20.00 $1,000.00 $22.25 $1,112.50 $72.50 $3,625.00 $23.18 $1,159.00 $65.00 $3,250.00 $23.00 $1,150.00 $25.00 $1,250.00

24 Furnish & Install Temporary Chain Link Fencing for Airport Connection 205 L.F. $8.40 $1,722.00 $5.00 $1,025.00 $9.90 $2,029.50 $78.50 $16,092.50 $11.59 $2,375.95 $55.00 $11,275.00 $10.00 $2,050.00 $10.00 $2,050.00

25 Furnish & Install Combination Air/Vac Valve Assembly 2 Each $4,660.48 $9,320.96 $5,400.00 $10,800.00 $8,130.75 $16,261.50 $4,610.00 $9,220.00 $4,927.62 $9,855.24 $6,969.04 $13,938.08 $6,300.00 $12,600.00 $10,000.00 $20,000.00

26 Furnish & Install 2" Schedule 40 PVC Conduit w/ Pull String 5,236 L.F. $1.13 $5,916.68 $1.45 $7,592.20 $3.40 $17,802.40 $3.70 $19,373.20 $2.33 $12,199.88 $8.94 $46,809.84 $1.7571 $9,200.18 $2.00 $10,472.00

27 Furnish & Install 18" Communication Pull Box 4 Each $618.52 $2,474.08 $600.00 $2,400.00 $1,008.50 $4,034.00 $1,260.00 $5,040.00 $1,147.30 $4,589.20 $590.20 $2,360.80 $1,500.00 $6,000.00 $300.00 $1,200.00

28 Erosion Control 1 L.S. $6,000.00 $6,000.00 $3,000.00 $3,000.00 $7,137.00 $7,137.00 $3,650.00 $3,650.00 $6,487.98 $6,487.98 $20,000.00 $20,000.00 $17,000.00 $17,000.00 $15,000.00 $15,000.00

Total Bid Schedule $798,829.25 $924,927.95 $1,092,984.15 $1,201,967.20 $1,386,626.63 $1,487,058.93 $1,589,500.27 $2,604,803.00

1 ST. GEORGE CITY COUNCIL MINUTES 2 REGULAR MEETING 3 NOVEMBER 7, 2019, 5:00 P.M. 4 CITY COUNCIL CHAMBERS 5 6 PRESENT: 7 Mayor Jon Pike 8 Councilmember Jimmie Hughes 9 Councilmember Michele Randall 10 Councilmember Ed Baca 11 Councilmember Bryan Smethurst 12 City Attorney Shawn Guzman 13 City Recorder Christina Fernandez 14 15 EXCUSED: 16 Councilmember Bette Arial 17 City Manager Adam Lenhard 18 19 OPENING: 20 Mayor Pike called the meeting to order and welcomed all in attendance. The 21 invocation was offered by Laura Fairchild with the Bahá'í Faith and the Pledge of 22 Allegiance to the Flag was led by Scouts. 23 24 Councilmember Smethurst mentioned that Councilmember Joe Bowcutt was honored 25 recently by Southern Utah Homebuilders Association as well as Community 26 Development Director John Willis. 27 28 COMMENTS FROM THE PUBLIC: 29 Resident Becky Jackson addressed the Council regarding her experience with 30 banners for the St. George Literary Arts Festival and shared suggestions on how to 31 handle this process in the future. 32 33 City Manager Shawn Guzman commented banners have been an issue the Council 34 has rustled with for quite a while. The Council does not want a cluttered look; 35 therefore, they are being allowed in strategic places. Staff is beginning with 36 updating the City’s sign ordinance. 37 38 CONSENT CALENDAR: 39 a. Consider approval to award bid to Superior Asphalt for the Annual Crack 40 Seal Project. 41 42 b. Consider approval of the State of Utah Department of Public Safety (DPS) 43 Division of Emergency Management (DEM) Articles of Agreement 44 (FY2020). 45 46 c. Consider approval of the financial report for September, 2019. 47 48 d. Consider approval of a land exchange agreement between the City of St. 49 George and Dixie Technical College for parcels at Tech Ridge. 50 51 e. Consider approval of Settlement Agreement with Circle M, LLC regarding 52 Quiet Title Action for the City to acquire title to Virgin River property.

1 St. George City Council Minutes 2 November 7, 2019 3 Page Two 4 5 f. Consider approval of Settlement Agreement with Ray and Debra Draper 6 regarding a Quiet Title Action and for the City to acquire title to property 7 along the Virgin River. 8 9 g. Consider approval to extend the 2019 St. George Streetfest sponsorship 10 for ARTS, Inc. by two (2) months beginning November 1, 2019 through 11 December 6, 2019. 12 13 With regard to item #f, Councilmember Baca commented that Ray Draper is a 14 member of the Planning Commission. 15 16 City Attorney Shawn Guzman stated the agreement was discussed prior to his 17 appointment on the Planning Commission. 18 19 MOTION: A motion was made by Councilmember Randall to approve the consent 20 calendar. 21 SECOND: The motion was seconded by Councilmember Hughes. 22 VOTE: Mayor Pike called for a vote, as follows: 23 24 Councilmember Hughes - aye 25 Councilmember Randall - aye 26 Councilmember Baca - aye 27 Councilmember Smethurst - aye 28 29 The vote was unanimous and the motion carried. 30 31 PUBLIC HEARING/VACATE A PORTION OF RIDGE TOP DRIVE: 32 Public hearing and consideration to vacate a portion of Ridge Top Drive. 33 34 Assistant Public Works Director Wes Jenkins presented the request to consider 35 vacating a portion of Ridge Top Drive. The roadway infrastructure for this portion of 36 roadway has not been built and it only exists on paper. The roadway is located west 37 and wouth of the Dixie Tech property; zoning is Open Space. He provided showed 38 and outlined the roadway vacation plat map. 39 40 Mayor Pike opened the public hearing. There being no comment, he closed the 41 public hearing. 42 43 MOTION: A motion was made by Councilmember Hughes to vacate the portion 44 of Ridge Top Drive as discussed. 45 SECOND: The motion was seconded by Councilmember Baca. 46 VOTE: Mayor Pike called for a roll call vote, as follows: 47 48 Councilmember Hughes - aye 49 Councilmember Randall - aye 50 51 52

1 St. George City Council Minutes 2 November 7, 2019 3 Page Three 4 5 Councilmember Baca – aye 6 Councilmember Smethurst – aye 7 8 The vote was unanimous and the motion carried. 9 10 PUBLIC HEARING/ORDINANCE/VACATE PUBLIC UTILITIES AND DRAINAGE 11 EASEMENT: 12 Public hearing and consideration of an ordinance to vacate a public utilities 13 and drainage easement located at Dixie Technical College. 14 15 Assistant Public Works Director Wes Jenkins presented the request to vacate the 16 entire public utility easement located on the Dixie Tech parcel and then re-dedicate 17 new easements within the new Dixie Tech property as the property lines are 18 changing. This is located at Dixie Technical College on Tech Ridge Drive. He showed 19 and outlined the easement vacation map. 20 21 Mayor Pike opened the public hearing. There being no comment, he closed the 22 public hearing. 23 24 MOTION: A motion was made by Councilmember Randall to approve the 25 ordinance vacating a public utilities and drainage easement located at 26 Dixie Technical College. 27 SECOND: The motion was seconded by Councilmember Hughes. 28 VOTE: Mayor Pike called for a roll call vote, as follows: 29 30 Councilmember Hughes - aye 31 Councilmember Randall - aye 32 Councilmember Baca - aye 33 Councilmember Smethurst - aye 34 35 The vote was unanimous and the motion carried. 36 37 PUBLIC HEARING/ANNEXATION/ORDINANCE: 38 Public hearing and consideration of an ordinance annexing approximately 39 212.679 acres located near the Utah/Arizona border, in Washington County. 40 41 Community Development Director John Willis presented the request to annex the 42 property into the City. The Council passed a resolution accepting the annexation 43 petition on August 15, 2019. The public hearing and ordinance are the next step in 44 the annexation process. Public notices have been given and published in accordance 45 with state law. He showed the property on a map; zone A-20 land use designation 46 ag, this is the final step in the annexation process. 47 48 Mayor Pike opened the public hearing. There being no comment, he closed the 49 public hearing. 50 51 52

1 St. George City Council Minutes 2 November 7, 2019 3 Page Four 4 5 MOTION: A motion was made by Councilmember Hughes to approve the 6 ordinance annexing 212.679 acres located near the Utah/Arizona 7 border in Washington County. 8 SECOND: The motion was seconded by Councilmember Smethurst. 9 VOTE: Mayor Pike called for a roll call vote, as follows: 10 11 Councilmember Hughes - aye 12 Councilmember Randall - aye 13 Councilmember Baca - aye 14 Councilmember Smethurst - aye 15 16 The vote was unanimous and the motion carried. 17 18 GENERAL PLAN AMENDMENT/MODERATE INCOME HOUSING 19 ELEMENT/ORDINANCE: 20 Consider an ordinance amending the general plan to add the Moderate 21 Income Housing (MIH) Element. 22 23 Economic Development and Housing Director Shirlayne Quayle explained the 24 Moderate Income Housing (MIH) Plan will help to define and understand the 25 challenges that come with providing attainable housing in the City of St. George. 26 The proposed plan outlines the data, goals, and strategies moving forward to 27 address the MIH in the City. She provided a PowerPoint presentation covering the 28 following topics: Background; Number of available housing units by price; Housing 29 stock; and MIH plan goals. She mentioned that Carol Davidson, Genna Goodwin and 30 John Willis worked with her on this item. The plan will be posted on the City’s 31 website. 32 33 MOTION: A motion was made by Councilmember Randall to approve the 34 ordinance amending the general plan to add the Moderate Income 35 Housing Element. 36 SECOND: The motion was seconded by Councilmember Baca. 37 VOTE: Mayor Pike called for a roll call vote, as follows: 38 39 Councilmember Hughes - aye 40 Councilmember Randall - aye 41 Councilmember Baca - aye 42 Councilmember Smethurst - aye 43 44 The vote was unanimous and the motion carried. 45 46 PUBLIC HEARING/AMEND FINAL PLAT/ORDINANCE: 47 Public hearing and consideration of an ordinance to amend the final 48 subdivision for Lot 26, The Vistas at Entrada Phase 3 and also Lot 27, The 49 Vistas at Entrada Phase 4 by adjusting the lot line between said lots and to 50 vacate the public utilities and drainage easement in its current location. 51 52

1 St. George City Council Minutes 2 November 7, 2019 3 Page Five 4 5 Assistant Public Works Director Wes Jenkins presented the request to amend the 6 final plat for Lot 26 of the Vistas at Entrada Phase 3 and Lot 27 of the Vistas at 7 Entrada Phase 4. He showed the final plat and outlined the proposed changes. 8 9 Mayor Pike opened the public hearing. There being no comment, he closed the 10 public hearing. 11 12 MOTION: A motion was made by Councilmember Randall to approve the 13 ordinance amending the final plat for Lot 26 for the Vistas at Entrada 14 Phase 3 and Lot 27 of the Vistas at Entrada Phase 4 by adjusting the 15 lot line between said lots and to vacate the public utilities and drainage 16 easement in its current location. 17 SECOND: The motion was seconded by Councilmember Hughes. 18 VOTE: Mayor Pike called for a roll call vote, as follows: 19 20 Councilmember Hughes - aye 21 Councilmember Randall - aye 22 Councilmember Baca - aye 23 Councilmember Smethurst - aye 24 25 The vote was unanimous and the motion carried. 26 27 COOPERATIVE AGENCY AGREEMENT: 28 Consider approval of a Cooperative Agency Agreement for AIP 031 Grant 29 with Aeronautical Operations Division of the State of Utah. 30 31 City Attorney Shawn Guzman explained the City was awarded a grant from the FAA 32 for the AIP 031 Snow Removal Equipment storage building at the airport. The monies 33 from the grant are administered by the State and distributed to the City from the 34 State. This agreement sets forth the process for the distribution of the grant to the 35 City. 36 37 MOTION: A motion was made by Councilmember Hughes to approve the 38 Cooperative Agency Agreement for AIP 031 Grant with the 39 Aeronautical Operations Division of the State of Utah. 40 SECOND: The motion was seconded by Councilmember Randall. 41 VOTE: Mayor Pike called for a vote, as follows: 42 43 Councilmember Hughes - aye 44 Councilmember Randall - aye 45 Councilmember Baca - aye 46 Councilmember Smethurst - aye 47 48 The vote was unanimous and the motion carried. 49 50 51 52

1 St. George City Council Minutes 2 November 7, 2019 3 Page Six 4 5 Consider approval of a Consent and Agreement between the City of St. 6 George, Solimar-Black Iron, LLC, and sPower for the transfer of the Power 7 Purchase Agreement (PPA) dated July 12, 2018 to sPower. 8 9 City Attorney Shawn Guzman explained On July 12, 2018, the City entered into a 10 PPA with Solimar-Black Iron, LLC for solar power. The agreement allows for the 11 transfer of Solimar-Black Iron, LLC’s interest in the PPA to a third party. All other 12 terms will remain the same. 13 14 MOTION: A motion was made by Councilmember Randall to approve the Consent 15 and Agreement between the City of St. George, Solimar-Black Iron, 16 LLC, and sPower for the transfer of the Power Purchase Agreement 17 (PPA) dated July 12, 2018 to sPower. 18 SECOND: The motion was seconded by Councilmember Smethurst. 19 VOTE: Mayor Pike called for a vote, as follows: 20 21 Councilmember Hughes - aye 22 Councilmember Randall - aye 23 Councilmember Baca - aye 24 Councilmember Smethurst - aye 25 26 The vote was unanimous and the motion carried. 27 28 PRELIMINARY PLAT: 29 Consider approval of an amended preliminary plat for a 51-lot residential 30 subdivision called Sentieri Canyon @ Divario. 31 32 Assistant Public Works Director Wes Jenkins presented the preliminary plat for 33 Sentieri Canyon @ Divario, a 51-lot residential subdivision located along the 34 proposed Sentieri Vista Drive – west of the intersection of Sunbrook Drive and 35 Plantations Drive; zoning is R-1-10. He explained this subdivision was approved as a 36 fifty (50) lot residential in May of 2018. The developer is proposing to add one (1) 37 lot to an area shown as open space on the original approved preliminary plat. He 38 provided a PowerPoint presentation covering the following topics: map of the 39 property; original preliminary plat; map of boundary line; photo of the property; and 40 amended preliminary plat. The request was not required to be reviewed by the 41 Hillside Review Board. 42 43 MOTION: A motion was made by Councilmember Randall to approve the 44 preliminary plat for Sentieri Canyon @ Divario. 45 SECOND: The motion was seconded by Councilmember Baca. 46 VOTE: Mayor Pike called for a vote, as follows: 47 48 Councilmember Hughes - aye 49 Councilmember Randall - aye 50 Councilmember Baca - aye 51 Councilmember Smethurst - aye 52

1 St. George City Council Minutes 2 November 7, 2019 3 Page Seven 4 5 The vote was unanimous and the motion carried. 6 7 PRELIMINARY PLAT: 8 Consider approval of a preliminary plat for a 1-lot subdivision for a future 9 Elementary School called Aspen Estates Elementary subdivision. 10 11 Assistant Public Works Director Wes Jenkins presented the preliminary plat for Aspen 12 Estates Elementary subdivision located at approximately 3330 East and 2930 South; 13 zoning is R-1-8. He showed a map of the area and the preliminary plat. 14 15 MOTION: A motion was made by Councilmember Hughes to approve the 16 preliminary plat for Aspen Estates Elementary subdivision. 17 SECOND: The motion was seconded by Councilmember Smethurst. 18 VOTE: Mayor Pike called for a vote, as follows: 19 20 Councilmember Hughes - aye 21 Councilmember Randall - aye 22 Councilmember Baca - aye 23 Councilmember Smethurst - aye 24 25 The vote was unanimous and the motion carried. 26 27 HILLSIDE DEVELOPMENT PERMIT: 28 Consider a request for a hillside development permit to allow development 29 of Cascata at Divario generally located west of the intersection of Sunbrook 30 Drive and Plantations Drive. 31 32 Assistant Public Works Director Wes Jenkins presented the request for a hillside 33 development permit to allow development of Cascata at Divario generally located 34 west of the intersection of Sunbrook Drive and Plantations Drive. He provided a 35 history of the request as well as a PowerPoint presentation covering the following 36 topics: Exhibit 1 - overall slope analysis; and photos of the area. 37 38 MOTION: A motion was made by Councilmember Randall to approve the hillside 39 development permit to allow development of Cascata @ Divario as 40 presented. 41 SECOND: The motion was seconded by Councilmember Hughes. 42 VOTE: Mayor Pike called for a vote, as follows: 43 44 Councilmember Hughes - aye 45 Councilmember Randall - aye 46 Councilmember Baca - aye 47 Councilmember Smethurst - aye 48 49 The vote was unanimous and the motion carried. 50 51 52

1 St. George City Council Minutes 2 November 7, 2019 3 Page Eight 4 5 AMENDED PRELIMINARY PLAT: 6 Consider approval of an amended preliminary plat for an 84-lot residential 7 subdivision to be known as Cascata at Divario (PA-14). 8 9 Assistant Public Works Director Wes Jenkins presented the request to amend the 10 preliminary plat for Cascata at Divario, an 84-lot residential subdivision located 11 southwest of the intersection of Sunbrook Drive and Plantations Drive. This request 12 is amending the name and layout of the approved preliminary plat originally called 13 Rosalia Ridge. He showed the preliminary plat and outlined the proposed 14 amendments. There were some pressure zones with the water in the area. The lot 15 layout shows areas that can be developed due to the water pressure based on the 16 current water connections. The rest cannot be developed until a tank is installed or 17 some other measure is installed to provide water pressure. It is really a 30-lot 18 subdivision, with nine (9) lots being under 10,000 sq. ft. 19 20 City Attorney Shawn Guzman recommended, if approved, that a condition be added 21 that the final plat only show those 30-lots, not the other lots and that the Water 22 Services Department has reviewed and approves the new plat. 23 24 Mr. Jenkins added that the developer proposes to dedicate a portion of the property 25 to the City to keep it open space. 26 27 MOTION: A motion was made by Councilmember Randall to approve the 28 amended preliminary plat for Cascata at Divario subject to the final 29 plat only show the 30-lots and that the Water Services Department 30 has reviewed and approves the new plat. 31 SECOND: The motion was seconded by Councilmember Smethurst. 32 VOTE: Mayor Pike called for a vote, as follows: 33 34 Councilmember Hughes - aye 35 Councilmember Randall - aye 36 Councilmember Baca - aye 37 Councilmember Smethurst - aye 38 39 The vote was unanimous and the motion carried. 40 41 REPORTS FROM MAYOR, COUNCILEMMBER 42 Councilmember Hughes mentioned the fundraising breakfast for SwitchPoint. 43 44 Mayor Pike reported the Bands Across America competition taking place currently. 45 46 Councilmember Randall reminded the Council about the Veterans Day activities. 47 48 Community Development Director John Willis introduced the new City Planner – Dan 49 Boles. 50 51 52

1 St. George City Council Minutes 2 November 7, 2019 3 Page Nine 4 5 ADJOURN TO A CLOSED SESSION: 6 MOTION: A motion was made by Councilmember Randall to adjourn to a closed 7 session to discuss a possible property sale. 8 SECOND: The motion was seconded by Councilmember Hughes. 9 VOTE: Mayor Pike called for a roll call vote, as follows: 10 11 Councilmember Hughes - aye 12 Councilmember Randall - aye 13 Councilmember Baca - aye 14 Councilmember Smethurst - aye 15 16 The vote was unanimous and the motion carried. 17 18 19 20 21 ______22 Christina Fernandez, City Recorder 23

1 ST. GEORGE CITY COUNCIL MINUTES 2 REGULAR MEETING 3 NOVEMBER 21, 2019, 5:00 P.M. 4 CITY COUNCIL CHAMBERS 5 6 PRESENT: 7 Mayor Jon Pike 8 Councilmember Jimmie Hughes 9 Councilmember Michele Randall 10 Councilmember Bette Arial 11 Councilmember Ed Baca 12 City Manager Adam Lenhard 13 City Attorney Shawn Guzman 14 City Recorder Christina Fernandez 15 16 EXCUSED: 17 Councilmember Bryan Smethurst 18 19 OPENING: 20 Mayor Pike called the meeting to order and welcomed all in attendance. The invocation 21 was offered by Pastor Jimi Kestin and the Pledge of Allegiance to the Flag was led by 22 Girl Scouts. 23 24 Kyle Case with the Huntsman World Senior Games presented a PowerPoint presentation 25 covering the following topics: statistics; total numbers; first year athletes; economic 26 impact; oldest and youngest athlete; earned medals; pickleball; softball; volleyball; 27 shooting – handgun; trail running; bocce; men’s soccer; indoor rowing; opening 28 ceremonies; concert & celebration; health screening; friendship project; global cup; 29 2021 World Masters Games Friendship Tour; Today Show; and photos of athletes. He 30 then presented Mayor Pike with a sponsorship plaque. 31 32 Councilmember Randall mentioned that Councilmember Smethurst is in Hawaii with his 33 brother in law who has been deployed; they will be coming home on a naval ship. 34 35 CONSENT CALENDAR: 36 a. Consider award of bid to Instrument Control Company for Bloomington 37 Substation Upgrade relay racks. 38 39 b. Consider award of bid to Nichols Building for the Vernon Worthen Pickleball 40 Court Renovation. 41 42 c. Consider award of bid to VanCon for the Ledges Wells Cathodic Protection 43 Project. 44 45 d. Consider award of bid to Western Rock Products for the Re-Use Center 46 Crushing operation. 47 48 e. Consider the approval of a franchise agreement with Intech LLC for fiber 49 infrastructure installation within the boundaries of the City of St. George. 50 51 f. Consider a third amendment to the City View development agreement for 52 phasing of the hotel site. 53 54

1 St. George City Council Minutes 2 November 21, 2019 3 Page Two 4 5 g. Consider approval of the minutes from the meetings held on September 26, 6 2019; September 30, 2019; October 3, 2019; October 10, 2019; October 17, 7 2019; and October 24, 2019. 8 9 MOTION: A motion was made by Councilmember Randall to approve the consent 10 calendar as presented. 11 SECOND: The motion was seconded by Councilmember Hughes. 12 VOTE: Mayor Pike called for a vote, as follows: 13 14 Councilmember Hughes – aye 15 Councilmember Randall – aye 16 Councilmember Arial – aye 17 Councilmember Baca – aye 18 19 The vote was unanimous and the motion carried. 20 21 EMINENT DOMAIN: 22 Public meeting per Section 78B-6-504 of the Utah Code to consider whether to 23 approve the acquisition through eminent domain of two parcels of property 24 (SG-6-2-36-232 and SG-6-2-36-233) to be used for road access to Tech Ridge 25 on the southeast side of the Tech Ridge mesa. 26 27 City Attorney Shawn Guzman explained that this item is regarding an eminent domain 28 for property to be used for the Tech Ridge connector road on the east side of the Black 29 Ridge. The City approached the property owner a number of years ago regarding 30 negotiating for the purchase of the property and the property owner has not been 31 responsive regarding negotiating a price. Notifications have been sent as required by 32 Utah code. The property owner is allowed to speak or be represented at the meeting. 33 34 Michael Christensen, attorney representing the property owner, was in attendance and 35 explained the subject property is on the east side of Tech Ridge. The City has proposed 36 to purchase a portion of the property for a road. His client is not intending to fight the 37 City’s right to take the property; however, one of the issues is that it is a narrow piece 38 of property, it will be the road servicing his client’s property as there is not another way 39 to bring in a road. The proposed road is going to impact his client’s remaining property 40 substantially. The appraisal received from the City mentioned it will be a limited access 41 road and there will be a need for access to his client’s remaining parcels. He met with 42 City Attorney Shawn Guzman, Public Works Director Cameron Cutler and Assistant City 43 Attorney Bryan Pack just prior to tonight’s meeting to discuss these items. They intend 44 to be good neighbors, but these are items that need to be resolved. He noted his client 45 would like to negotiate with the City and that they need assurances on what accesses 46 they will be given. If there will not be access, the severance damage will be a lot 47 higher to this property. 48 49 Councilmember Jimmie Hughes asked if there is access currently. 50 51 Mr. Christensen stated there is one access off 250 West. 52 53 City Attorney Shawn Guzman pointed out that the access referred to by Mr. Christensen 54 would not meet legal requirements to develop or access the property; therefore, the

1 St. George City Council Minutes 2 November 21, 2019 3 Page Three 4 5 answer is technically that no current access exists. It is currently zoned R-1-10, the 6 general plan shows the hillside as Open Space. Without knowing what type of 7 development would be there, it is hard to say where the access would be. Staff can talk 8 with the owner regarding possible access and proposed use. Staff has worked a 9 number of years on trying to resolve things with the property owner. The City needs to 10 move forward with this action because of the development on Tech Ridge. Staff will 11 work with the property owner and hold off on asking for immediate occupancy in court 12 while working towards a resolution. He would like to wrap this up within the next six 13 (6) months as Tech Ridge will be constructing the road on the west side and would like 14 to move on the east side road immediately after to take advantage of the reduced 15 mobilization costs. 16 17 Mayor Pike commented that it would have been nice if the property owner was 18 interested in working with the City sooner. He explained this is the preferred and 19 needed roadway. It would be nice to construct the west side road and this east side 20 road consecutively or concurrently. As time is of the essence, he believes the City 21 needs to move forward with this item to be able to make sure there is access when the 22 first two buildings are finished. 23 24 City Attorney Shawn Guzman noted that Mr. Christensen recognizes there are some 25 soils issues. This will also affect what they can construct or develop on the property. 26 Mr. Christensen’s client is aware of the situation. 27 28 Mr. Christensen recognizes the City’s position. If the City moves forward, he hopes not 29 to go to court. He looks forward to working out the issues. 30 31 Mayor Pike stated he City’s history has been to work with property owners. He believes 32 this road will be helpful to Mr. Christensen’s property. After studies and engineering, 33 this is the only way to get the road to the top of the ridge on the east side without 34 violating the City’s hillside ordinance. 35 36 MOTION: A motion was made by Councilmember Baca to authorize the City to 37 proceed with the eminent domain process for the two (2) parcels for use 38 as a public roadway. 39 SECOND: The motion was seconded by Councilmember Randall. 40 41 Councilmember Hughes commented this is not easy; this is the first time he has had an 42 item like this come before him. Mayor Pike and Councilmember Randall agreed. 43 Generally, the Council likes to see these types of things worked out. He truly believes 44 in property rights. He noted this is not the first discussion regarding the property; 45 there has been talk of this road for quite some time. Staff has tried to engage the 46 property owner in the past. He would like to see staff attempt to work with a property 47 owner as a first resort. 48 49 City Attorney Shawn Guzman noted, since being employed at the City, he has been 50 involved in two other cases of this type – the courthouse and airport properties. Staff 51 was able to work out both cases and not resort to condemnation. After years of trying 52 to work something out with the property owner, if this cannot be resolved, the City will 53 have to move forward with that process. 54

1 St. George City Council Minutes 2 November 21, 2019 3 Page Four 4 5 VOTE: Mayor Pike called for a roll call vote, as follows: 6 7 Councilmember Hughes – aye 8 Councilmember Randall – aye 9 Councilmember Arial – aye 10 Councilmember Baca – aye 11 12 The vote was unanimous and the motion carried. 13 14 GENERAL PLAN AMENDMENT/ORDINANCE: 15 Consider approval of an ordinance changing the general plan from 1) COM 16 (Commercial) to MDR (Medium Density Residential) on approximately 24.5 17 acres, 2) to change COM to HDR (High Density Residential) on approximately 18 4.3 acres, 3) to change COM to LDR (Low Density Residential) on 19 approximately 0.6 acres, and 4) to change HDR to COM on approximately 5.0 20 acres generally located north of the Southern Parkway and east of River Road 21 on the north and south side of White Dome Drive. 22 23 Community Development Director John Willis presented the request for a general plan 24 amendment for the Southern Hills development. He provided a PowerPoint presentation 25 covering the following topics: map of area; map of existing general plan shown at 26 Planning Commission; map of proposed amendment shown at Planning Commission; 27 revised map of existing general plan; revised map of proposed general plan; and zoning 28 map. After much discussion, the Planning Commission recommended approval and 29 advocating placing commercial land on the north side at the intersection of River Road. 30 31 MOTION: A motion was made by Councilmember Randall to approve the ordinance 32 changing the general plan from: 1) COM to MDR on approximately 24.5 33 acres; 2) COM to HDR on approximately 4.3 acres; 3) COM to LDR on 34 approximately 0.6 acres; and 4) HDR to COM on approximately 5.0 acres 35 generally located north of the Southern Parkway and east of River Road 36 based on the modified proposal. 37 SECOND: The motion was seconded by Councilmember Arial. 38 VOTE: Mayor Pike called for a roll call vote, as follows: 39 40 Councilmember Hughes – aye 41 Councilmember Randall – aye 42 Councilmember Arial – aye 43 Councilmember Baca – aye 44 45 The vote was unanimous and the motion carried. 46 47 AMEND PD-R/ORDINANCE: 48 Consider approval of an ordinance amending the PD-R (Planned Development 49 Residential) zone in order to update the site plan, elevations, and other 50 modifications to 1) Brookfield Apartments, 2) Woodland Townhomes, and 3) 51 Woodland Patio Homes located south of Mall Drive and west of 3000 East 52 Street. 53 54

1 St. George City Council Minutes 2 November 21, 2019 3 Page Five 4 5 Community Development Director John Willis presented the request to amend a PD-R 6 zone. He explained the PD was originally approved September 6, 2018; however, the 7 applicant is now requesting to amend the PD with various changes to the site plan, 8 elevations, and amenities. He provided a PowerPoint presentation covering the 9 following topics: overview; amended zone change; general plan map; zoning map; plan 10 of the three (3) projects; proposed and current plans; amenities – apartments; 11 conceptual elevations for Brookfield Apartments; amenities – townhomes; conceptual 12 elevations for Woodland Townhomes; conceptual elevations for Twin Homes; amenities 13 – patio homes; site plan for Brookfield Apartments; site plan for Woodland Patio 14 Homes; and site plan for Woodland Townhomes. The Planning Commission 15 recommended approval as presented. He mentioned there are comments on the staff 16 report and asked the Council to include them if approved. 17 18 Applicant Mr. Stewart spoke about the size and cost of the apartments and townhomes. 19 20 Mayor Pike noted some concerns from neighbors; the density is not changing. He 21 believes this is good planning. 22 23 MOTION: A motion was made by Councilmember Baca to approve the ordinance 24 amending the PD-R zone in order to update the site plan, elevations, and 25 other modifications to: 1) Brookfield Apartments; 2) Woodland 26 Townhomes; and 3) Woodland Patio Homes located south of Mall Drive 27 and west of 3000 East Street with the conditions of the Planning 28 Commission. 29 SECOND: The motion was seconded by Councilmember Hughes. 30 VOTE: Mayor Pike called for a roll call vote, as follows: 31 32 Councilmember Hughes – aye 33 Councilmember Randall – aye 34 Councilmember Arial – aye 35 Councilmember Baca – aye 36 37 The vote was unanimous and the motion carried. 38 39 ZONE CHANGE AMENDMENT/ORDINANCE: 40 Consider approval of an ordinance for a zone change amendment to the 41 Dinosaur Crossing commercial center (Smith's) to amend the PD-C (Planned 42 Development Commercial) zone on Lot 9, pads J-1 & J-2 to develop two (2) 43 multi-tenant commercial retail buildings on approx. 1.58 acres generally 44 located along Mall Drive (generally south of the Fuel Center and near ACE 45 hardware). 46 47 Community Development Director John Willis presented the request to review the site 48 plan, landscape plan, elevations, renderings, colors and materials for two (2) 49 proposed multi-tenant commercial retail buildings on approximately 1.58 acres. He 50 provided a PowerPoint presentation covering the following topics: original conceptual 51 layout; overall site plan; elevations; and colors and materials board. The Planning 52 Commission recommended approval. 53 54

1 St. George City Council Minutes 2 November 21, 2019 3 Page Six 4 5 The Council discussed concerns with parking on this side of the property. They want to 6 make sure there is enough parking for the existing businesses as well as the proposed 7 businesses. 8 9 Cameron Drummond, representative for Woodbury, noted there are over 100 overflow 10 parking stalls. In order to make it all work, they provided a color-coded map outlining 11 the best scenario - to split the parking for each tenant. They have not seen the parking 12 lot reach its capacity yet. The parking will always be treated as first come, first served. 13 He has spoken with Ace Hardware; realistically, they have not heard a valuable 14 argument as Ace does not own the parking lot. He understands their concerns; 15 however, the parking lot is shared parking. They have always told their tenants that 16 the empty pads would be developed. 17 18 Mr. Willis commented the stacking of the drive thru is appropriate for the site. 19 20 MOTION: A motion was made by Councilmember Hughes to approve the ordinance 21 for a zone change amendment to the Dinosaur Crossing commercial 22 center (Smith's) to amend the PD-C as recommended by the Planning 23 Commission 24 SECOND: The motion was seconded by Councilmember Arial. 25 VOTE: Mayor Pike called for a roll call vote, as follows: 26 27 Councilmember Hughes – aye 28 Councilmember Randall – aye 29 Councilmember Arial – aye 30 Councilmember Baca – aye 31 32 The vote was unanimous and the motion carried. 33 34 PRELIMINARY PLAT: 35 Consider approval of the preliminary plat for Auburn Hills Phase 3, a 57-lot 36 residential subdivision located within the Desert Color development. 37 38 Assistant Public Works Director Wes Jenkins presented the preliminary plat for Auburn 39 Hills Phase 3, a 57-lot residential subdivision located within the Desert Colors 40 development; zoning is PD-R. He showed and outlined the preliminary plat. One 41 condition is that the improvements for phase 2 would need to be completed and 42 approved by staff prior to the final plat recording for phase 3. 43 44 MOTION: A motion was made by Councilmember Hughes to approve the 45 preliminary plat for Auburn Hills Phase 3. 46 SECOND: The motion was seconded by Councilmember Arial. 47 VOTE: Mayor Pike called for a vote, as follows: 48 49 Councilmember Hughes - aye 50 Councilmember Randall – aye 51 Councilmember Arial – aye 52 Councilmember Baca - aye 53 54 The vote was unanimous and the motion carried.

1 St. George City Council Minutes 2 November 21, 2019 3 Page Seven 4 5 ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING: 6 MOTION: A motion was made by Councilmember Arial to adjourn to the 7 Neighborhood Redevelopment Agency meeting. 8 SECOND: The motion was seconded by Councilmember Hughes. 9 VOTE: Mayor Pike called for a roll call vote, as follows: 10 11 Councilmember Hughes - aye 12 Councilmember Randall – aye 13 Councilmember Arial – aye 14 Councilmember Baca - aye 15 16 The vote was unanimous and the motion carried. 17 18 The meeting reconvened following the Neighborhood Redevelopment Agency meeting. 19 20 REPORTS FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER: 21 City Manager Adam Lenhard reviewed upcoming meeting schedule – there will be a 22 meeting on December 11 at 4:00; it will be a regular meeting. 23 24 Mayor Pike mentioned having a social gathering that evening also. There may be a 25 need to change the date; but he will confirm and let the Council know. He then 26 reported that the MPO is taking over the transportation expo which will take place on 27 February 11th. 28 29 Councilmember Baca reported that the Hillside Review Board met recently to discuss a 30 development at Webb Hill. 31 32 Mayor Pike commented he and staff have met with those planning the new LDS Temple. 33 34 ADJOURN: 35 MOTION: A motion was made by Councilmember Randall to adjourn. 36 SECOND: The motion was seconded by Councilmember Arial. 37 VOTE: Mayor Pike called for a vote, as follows: 38 39 Councilmember Hughes - aye 40 Councilmember Randall – aye 41 Councilmember Arial – aye 42 Councilmember Baca - aye 43 44 The vote was unanimous and the motion carried. 45 46 47 48 ______49 Christina Fernandez, City Recorder

1 ST. GEORGE CITY COUNCIL MINUTES 2 REGULAR MEETING 3 DECEMBER 5, 2019, 5:00 P.M. 4 CITY COUNCIL CHAMBERS 5 6 PRESENT: 7 Mayor Jon Pike 8 Councilmember Jimmie Hughes 9 Councilmember Michele Randall 10 Councilmember Bette Arial 11 Councilmember Ed Baca 12 Councilmember Bryan Smethurst 13 City Manager Adam Lenhard 14 Assistant City Attorney Victoria Hales 15 City Recorder Christina Fernandez 16 17 OPENING: 18 Mayor Pike called the meeting to order and welcomed all in attendance. The 19 invocation was offered by Cheri Atkin and the Pledge of Allegiance to the Flag was 20 led by Scout Kai Klomp. 21 22 Councilmember Randall read a proclamation proclaiming December 14, 2019 as 23 Wreaths Across America Day. 24 25 COMMENTS FROM THE PUBLIC: 26 No comments were given. 27 28 CONSENT CALENDAR: 29 a. Consider approval of a development agreement with Joule Plaza for 30 phasing of their mixed-use project located along Tabernacle Street, 31 between 200 West and 300 West. 32 33 b. Consider approval of an agreement with the Washington County 34 Historical Society for the temporary and non-exclusive use of the Pioneer 35 Courthouse. 36 37 c. Consider approval of Memorandum of Understanding with Washington 38 County to allow the St. George Bicycle Collective to possess and occupy 39 the MPO Building located at 39 South Bluff Street. 40 41 d. Consider approval of the financial report for October, 2019. 42 43 MOTION: A motion was made by Councilmember Arial to approve the consent 44 calendar. 45 SECOND: The motion was seconded by Councilmember Randall. 46 VOTE: Mayor Pike called for a vote, as follows: 47 48 Councilmember Hughes – aye 49 Councilmember Randall – aye 50 Councilmember Arial – aye 51 Councilmember Baca – aye 52 Councilmember Smethurst – aye

1 St. George City Council Minutes 2 December 5, 2019 3 Page Two 4 5 The vote was unanimous and the motion carried. 6 7 ORDINANCE AMENDING TITLE 2, CHAPTER 1 OF CITY CODE: 8 Consider approval of an ordinance amending Title 2, Chapter 1: Planning 9 Commission. 10 11 Assistant City Attorney Victoria Hales explained this ordinance clears up the 12 staggering of Planning Commission members and to shorten terms from 4-year 13 terms to 2-year terms. The Council will appoint the members by resolution which 14 will also outline the terms of each member. 15 16 Mayor Pike stated that one of the Planning Commission members was recently 17 elected to the City Council, leaving a vacancy. Additionally, there are members 18 whose terms have or will soon expire – Don Buehner and Summer Barry. He 19 explained each seat is named A-G; he noted Ray Draper, who was recently 20 appointed to the Planning Commission, will be in seat C to replace Dannielle Larkin 21 for a 1-year term, expiring 12/2020. 22 23 MOTION: A motion was made by Councilmember Randall to approve the 24 ordinance amending Title 2, Chapter 1 of City code. 25 SECOND: The motion was seconded by Councilmember Baca. 26 VOTE: Mayor Pike called for a roll call vote, as follows: 27 28 Councilmember Hughes – aye 29 Councilmember Randall – aye 30 Councilmember Arial – aye 31 Councilmember Baca – aye 32 Councilmember Smethurst – aye 33 34 The vote was unanimous and the motion carried. 35 36 APPOINTMENTS: 37 Mayor Pike recommended appointing or reappointing, by resolution, the following: 38 39 Ray Draper to Seat C, replacing Dannielle Larkin, for a 1-yr term ending 12/2020 40 Emily Andrus to Seat B, replacing Don Buehner, for a 2-yr term ending 12/2021 41 Natalie Larsen to Seat E, replacing Todd Staheli for a 2-yr term ending 12/2021 42 Nathan Fisher reappointed to Seat F, for a 2-yr term ending 12/2021 43 Vardell Curtis to Seat G, replacing Summer Barry for a 2-year ending 12/2021 44 David Brager reappointed to Seat A for a 1-yr term ending 12/2020 45 Roger Nelson reappointed to Seat D for a 1-yr term ending 12/2020 46 47 MOTION: A motion was made by Councilmember Hughes to approve the 48 resolution appointing the Planning Commission members as outlined. 49 SECOND: The motion was seconded by Councilmember Randall. 50 VOTE: Mayor Pike called for a roll call vote, as follows: 51 52

1 St. George City Council Minutes 2 December 5, 2019 3 Page Three 4 5 Councilmember Hughes – aye 6 Councilmember Randall – aye 7 Councilmember Arial – aye 8 Councilmember Baca – aye 9 Councilmember Smethurst – aye 10 11 The vote was unanimous and the motion carried. 12 13 PUBLIC HEARING/AMENDED APPLICATION FOR CIB FUNDING: 14 Public hearing to consider the City's amended application for funding from 15 the Utah Permanent Community Impact Fund Board (CIB) for the St. George 16 Campus Expansion Project. The amended application is to increase the 17 bond from $12.6 million to $15 million. 18 19 Support Services Director Marc Mortensen commented City staff have outgrown the 20 City Hall and Police Department buildings. This public hearing is required by the CIB 21 for the City's amended application to increase the bond to $15 million. The increased 22 project cost is due to changes in the plan design and value-engineering which 23 improve the project in both additional square footage and future capacity. He 24 outlined the phases of the overall project. The bond will fund the City Hall Expansion 25 (Phase 2) and Police Building Expansion (Phase 3) phases of the overall project. 26 He explained the City plans to finance the City Hall and Police Building expansion 27 phases for approximately $15M. Staff evaluated funding options (Sales Tax Revenue 28 Bonds, Franchise Tax Revenue Bonds, G.O. Bond, etc.) and decided to pursue a 29 Community Impact Board (CIB) Loan through the State of Utah Department of 30 Workforce Services. The Permanent Community Impact Funding Board offers grants 31 and low-interest loans specifically for these types of projects. Grants do not need to 32 be repaid; however, loans require repayment. Although the CIB Board may offer a 33 grant, due to the size of our request, a grant is not possible. The CIB board has 34 certain dates that applications can be submitted and reviewed and therefore we have 35 begun the process to secure a CIB loan for $15,000,000 at an interest rate of 2.5% 36 over 20 years which will be facilitated through the City’s Municipal Building Authority 37 (MBA). A CIB bond will be issued to the Municipal Building Authority as the OFFICIAL 38 applicant, and this will be treated as a Lease Revenue Bond that the City (and thus 39 its residents) will make an annual lease payment to the MBA until the Bond is paid 40 off. The bond can also be paid off early with no penalty. The proposed funding will 41 not increase taxes; it will be paid through a variety of funding sources internally. 42 During construction, the building will be vacated. Public meetings for the City 43 Council will be held at the Washington County Administration Building. 44 45 Mayor Pike opened the public hearing. There being no comment, he closed the 46 public hearing. 47 48 MOTION: A motion was made by Councilmember Hughes to authorize staff to 49 move forward with the amended application for funding from the Utah 50 Permanent Community Impact Fund Board (CIB) for the St. George 51 Campus Expansion Project. The amended application is to increase 52 the bond from $12.6 million to $15 million.

1 St. George City Council Minutes 2 December 5, 2019 3 Page Four 4 5 SECOND: The motion was seconded by Councilmember Baca. 6 VOTE: Mayor Pike called for a vote, as follows: 7 8 Councilmember Hughes – aye 9 Councilmember Randall – aye 10 Councilmember Arial – aye 11 Councilmember Baca – aye 12 Councilmember Smethurst – aye 13 14 The vote was unanimous and the motion carried. 15 16 PUBLIC HEARING/VACATE POWER LINE EASEMENT AND PUBLIC UTILITIES 17 EASEMENT/ORDINANCE: 18 Public hearing and consideration of an ordinance to vacate a power line 19 easement and a public utilities easement located at Cottonwood Springs 20 Road and Red Hills Parkway. 21 22 Assistant Public Works Director Wes Jenkins presented the request to vacate a power 23 line easement (Doc. #00833168) and a public utilities and drainage easement (Doc. 24 #00808059) as part of the approval of the Gateway Commons Commercial 25 Subdivision Plat located at Cottonwood Springs Road and Red Hills Parkway; zoning 26 is PD-C. He explained the exhibit for the replacement easement in the packet needs 27 to be amended to include an existing power line to the north. 28 29 Mayor Pike opened the public hearing. There being no comment, he closed the 30 public hearing. 31 32 MOTION: A motion was made by Councilmember Randall to approve the 33 ordinance vacating a power line easement and a public utilities 34 easement located at Cottonwood Springs Road and Red Hills Parkway. 35 SECOND: The motion was seconded by Councilmember Arial. 36 37 Assistant City Attorney Victoria Hales commented that staff will not record the 38 easement vacation until the exhibit has been amended to include the power line. 39 40 VOTE: Mayor Pike called for a roll call vote, as follows: 41 42 Councilmember Hughes – aye 43 Councilmember Randall – aye 44 Councilmember Arial – aye 45 Councilmember Baca – aye 46 Councilmember Smethurst – aye 47 48 The vote was unanimous and the motion carried. 49 50 PUBLIC HEARING/VACATE A PORTION OF 400 SOUTH STREET/ORDINANCE: 51 Public hearing and consideration of an ordinance to vacate a portion of 400 52 South Street (between 200 East and 300 East Streets).

1 St. George City Council Minutes 2 December 5, 2019 3 Page Five 4 5 Assistant Public Works Director Wes Jenkins presented the request to vacate a 6 portion of 400 South Street located between 200 East and 300 East Streets; zoning 7 is RCC. The City will maintain an easement over the area until it is determined what 8 utilities will need to remain. 9 10 Mayor Pike noted this is between the Temple and the parking lot. This request 11 would be to request to vacate a portion of 400 South, subject to a purchase and sale 12 agreement. The City has an received an offer from the Church of Jesus Christ of 13 Latter-Day Saints to purchase the road if it vacated. 14 15 Councilmember Arial stepped out. 16 17 Mayor Pike opened the public hearing. 18 19 Resident Bonnie Dean thanked the Council for their consideration. She asked for a 20 crosswalk on 200 East at 400 South. 21 22 Mayor Pike closed the public hearing. 23 24 MOTION: A motion was made by Councilmember Randall to approve the 25 ordinance vacating a portion of 400 South Street between 200 East 26 and 300 East, subject to a purchase and sale agreement. 27 SECOND: The motion was seconded by Councilmember Smethurst. 28 VOTE: Mayor Pike called for a roll call vote, as follows: 29 30 Councilmember Hughes – aye 31 Councilmember Randall – aye 32 Councilmember Baca – aye 33 Councilmember Smethurst – aye 34 35 The vote was unanimous and the motion carried. 36 37 Councilmember Arial returned. 38 39 AMEND PD-C ZONE/ORDINANCE: 40 Consider approval of an ordinance amending the PD-C (Planned 41 development Commercial) zone to allow development of Dutch Brothers 42 drive thru coffee on Lot 9 of the Boulder Creek Crossing commercial 43 subdivision on approximately 0.86 acres generally located west of River 44 Road and northwest of 1450 South Street. 45 46 Planner Ray Snyder to approve the conceptual site plan, access, building design, 47 colors and materials, and conceptual landscaping for a proposed drive-thru coffee 48 shop. The building would be single story at approximately 25 ft. 6 in. high. He 49 provided a PowerPoint presentation covering the following topics: plat map; aerial 50 map; photos of the area; general plan map; zoning map; site plan; elevations; and 51 materials board. The Planning Commission recommended approval with comments 52 and conditions.

1 2 3 St. George City Council Minutes 4 December 5, 2019 5 Page Six 6 7 Resident Myron Lee inquired about the property line. He asked if this will create a 8 conflict with widening River Road. 9 10 Assistant Public Works Director Wes Jenkins explained he spoke with Jay Sandberg; 11 he will follow up to see if additional right of way is needed. 12 13 MOTION: A motion was made by Councilmember Randall to approve the 14 ordinance amending the PD-C zone to allow development of Dutch 15 Brothers drive thru coffee on Lot 9 of the Boulder Creek Crossing. 16 SECOND: The motion was seconded by Councilmember Baca. 17 VOTE: Mayor Pike called for a roll call vote, as follows: 18 19 Councilmember Hughes – aye 20 Councilmember Randall – aye 21 Councilmember Arial – aye 22 Councilmember Baca – aye 23 Councilmember Smethurst – aye 24 25 The vote was unanimous and the motion carried. 26 27 AMEND PD-C ZONE/ORDINANCE: 28 Consider approval of an ordinance amending the PD-C (Planned 29 Development Commercial) zone to develop a professional office building on 30 Lot 4 of the BGG commercial subdivision on approximately 0.65 acres 31 generally located at the southwest corner of the intersection of Riverside 32 Drive and River Road. 33 34 Planner Ray Snyder presented the request to approve the conceptual site plan, 35 access, building design, colors and materials, and conceptional landscaping for a 36 proposed 2-story professional office building approximately 30 ft. in height. The 37 property is adjacent to a recently approved dance studio in the same commercial 38 subdivision. He provided a PowerPoint presentation covering the following topics: 39 aerial map; site plan; site layout plan; landscape plan; elevations; and materials 40 board. The Planning Commission recommended approval with comments and 41 conditions. 42 43 MOTION: A motion was made by Councilmember Randall to approve the 44 ordinance amending the PD-C (Planned Development Commercial) 45 zone to develop a professional office building on Lot 4 of the BGG 46 commercial subdivision on approximately 0.65 acres generally located 47 at the southwest corner of the intersection of Riverside Drive and River 48 Road. 49 SECOND: The motion was seconded by Councilmember Arial. 50 VOTE: Mayor Pike called for a roll call vote, as follows: 51 52

1 St. George City Council Minutes 2 December 5, 2019 3 Page Seven 4 5 Councilmember Hughes – aye 6 Councilmember Randall – aye 7 Councilmember Arial – aye 8 Councilmember Baca – aye 9 Councilmember Smethurst – aye 10 11 The vote was unanimous and the motion carried. 12 13 AMEND PD-C ZONE/ORDINANCE: 14 Consider approval of an ordinance amending the PD-C (Planned 15 Development Commercial) zone to allow the reduction in the size of the 16 previously approved Desert Canyons RV Resort clubhouse and a reduction in 17 the number of pickleball courts which the City Council approved in 2011; the 18 property is located at approximately 3692 East Cottonwood Crossing. 19 20 Planner Ray Snyder presented the request to amend the PD-C zone for Desert 21 Canyons RV Resort clubhouse. He explained the original RV Resort was approved by 22 the Council on 8/4/2011 with conditions and comments. The clubhouse was originally 23 proposed to be 7,000 sq. ft. and is now requested to change to 1,958 sq. ft. 24 Additionally, the number of pickleball courts is reduced down to two (2). He 25 provided a PowerPoint presentation covering the following topics: aerial map; 26 general plan map; zoning map; previously approved amenities; rendering; landscape 27 plan; proposed amenities; materials board; elevation; site plan; floor plan. The 28 Planning Commission recommended approval with comments and conditions. 29 30 Mayor Pike noted the approval would not give the developer an automatic ability to 31 expand the number of parking spaces; it is simply reducing the size of the clubhouse 32 and the amount of pickleball courts. 33 34 Mr. Snyder noted they proposed architectural changes as well. 35 36 After being asked by Councilmember Baca, Assistant City Attorney Victoria Hales 37 explained the Planning Commissioner who voted against this request were concerned 38 with the reduction being excessive; they would have preferred the clubhouse be 39 bigger than 1900 sq. ft. 40 41 Mayor Pike explained any future changes would require the applicant to return for 42 approval. 43 44 MOTION: A motion was made by Councilmember Hughes to approve the 45 ordinance amending the PD-C zone to allow the reduction in the size of 46 the previously approved Desert Canyons RV Resort clubhouse and a 47 reduction in the number of pickleball courts with the architectural 48 design changes as presented. 49 SECOND: The motion was seconded by Councilmember Smethurst. 50 VOTE: Mayor Pike called for a roll call vote, as follows: 51 52

1 St. George City Council Minutes 2 December 5, 2019 3 Page Eight 4 5 Councilmember Hughes – aye 6 Councilmember Randall – aye 7 Councilmember Arial – aye 8 Councilmember Baca – aye 9 Councilmember Smethurst – aye 10 11 The vote was unanimous and the motion carried. 12 13 ZONE CHANGE/ORDINANCE: 14 Consider approval of an ordinance changing the zone from R-1-10 and A-20 15 (Residential Single Family and Agricultural respectively) to RE-20 (Single 16 Family Residential, 2.0 dwelling units per acre); located at approximately 17 1050 South 2580 East. 18 19 Planner Dan Boles presented the request to change the zone from R-1-10 20 (Residential Single Family, minimum lot size 10,000 sq ft) and A-20 (Agricultural, 20 21 acre minimum) to RE-20 (Residential Estate, 20,000 Square foot minimum lot size) 22 for the purpose of incorporating the parcels into the future phases of Reserve at 23 River Hollow, a development to the south of the subject property. The parcels are 24 not currently part of a platted subdivision. He provided a PowerPoint presentation 25 covering the following topics: vicinity map; zoning map; general plan map; zone 26 change boundary; and photo of the area. The Planning Commission recommended 27 approval. 28 29 Rob Reid, representative for the applicant, explained this request stems from a 30 property swap. 31 32 MOTION: A motion was made by Councilmember Hughes to approve the 33 ordinance changing the zone from R-1-10 and A-20 to RE-20 located 34 at approximately 1050 South 2580 East. 35 SECOND: The motion was seconded by Councilmember Randall. 36 VOTE: Mayor Pike called for a roll call vote, as follows: 37 38 Councilmember Hughes – aye 39 Councilmember Randall – aye 40 Councilmember Arial – aye 41 Councilmember Baca – aye 42 Councilmember Smethurst – aye 43 44 The vote was unanimous and the motion carried. 45 46 ZONE CHANGE/ORDINANCE: 47 Consider an ordinance changing the zone from M&G (Mining and Grazing) to 48 R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 2.0 49 acres and to OS (Open Space) on 23.21 acres for Tonaquint Cove Phase 2B; 50 generally located at approximately 2150 South Rock Park Drive. 51 52

1 St. George City Council Minutes 2 December 5, 2019 3 Page Nine 4 5 Community Development Director John Willis presented the request to rezone two 6 parcels from M&G to R-1-10 and OS. The parcels are not currently part of a platted 7 subdivision, but the proposed R-1-10 parcel is expected to return as a proposed plat 8 for approximately five (5) lots. He provided a PowerPoint presentation covering the 9 following topics: aerial map; and general plan map. After being asked by City 10 Manager Adam Lenhard he explained the designation for park matched up with the 11 parcel lines. This parcel was specifically identified as a park. He continued with the 12 PowerPoint presentation covering the following topics: zoning map; and applicant’s 13 exhibit after which he showed the master planned road near the property. 14 15 Councilmember Smethurst commented that if he was a property owner near this 16 parcel, he would not be too happy with this request. 17 18 Mr. Willis noted these concerns were brought up during the public hearing at the 19 Planning Commission meeting. Staff recommended approval; however, after the 20 Planning Commission meeting, they are a bit hesitant. 21 22 Applicant Logan Blake explained they went through a process of a GPA several years 23 ago. Because the road had to be shifted, it left the parcel not as desirable as the 24 rest of it. They would like to use this property to build homes as are planned on the 25 other side of the road. They are trying to have development help pay for the road; 26 as opposed to it being City-funded if they donated it to the City. Also, they are 27 coming in with good faith bringing in the open space. 28 29 Mayor Pike commented he feels the property should remain as it was planned. 30 31 Residents Sara and Alan Unrein explained these lots are right in their backyard; they 32 would like it to remain open space. Neighbors they have spoken with feel the same. 33 Mr. Unrein noted he is concerned with water runoff in the area when it rains. 34 35 MOTION: A motion was made by Councilmember Smethurst to deny request to 36 change the zone from Mining & Grazing to R-1-10. 37 SECOND: The motion was seconded by Councilmember Baca. 38 39 Assistant City Attorney Victoria Hales asked for clarification on the motion. She 40 asked if Councilmember Smethurst was denying the entire request or just the 41 change from Mining & Grazing to R-1-10. 42 43 AMENDED 44 MOTION: Councilmember Smethurst amended his motion to deny the request to 45 change the zone from Mining & Grazing to R-1-10 on 2.0 acres and to 46 approve changing the zone from Mining & Grazing to Open Space on 47 the entire 25.21 acres for Tonaquint Cove Phase 2B generally located 48 at approximately 2150 South Rock Park Drive. 49 SECOND: The amended motion was seconded by Councilmember Baca. 50 VOTE: Mayor Pike called for a roll call vote, as follows: 51 52

1 St. George City Council Minutes 2 December 5, 2019 3 Page Ten 4 5 Councilmember Hughes – aye 6 Councilmember Randall – aye 7 Councilmember Arial – aye 8 Councilmember Baca – aye 9 Councilmember Smethurst – aye 10 11 The vote was unanimous and the motion carried. 12 13 PRELIMINARY PLAT: 14 Request approval of a preliminary plat for a 2-lot commercial subdivision 15 called Red Cliffs Square Subdivision. 16 17 Assistant Public Works Director Wes Jenkins presented the preliminary plat is for Red 18 Cliffs Square Subdivision, a 2-lot commercial subdivision located at the southwesterly 19 intersection of 2720 East and Red Cliffs Drive; zoning is C-3. He showed and 20 outlined the preliminary plat and noted a condition of the plat would be that 21 additional easements are required for utility lines that were not accounted for with 22 the original easements. 23 24 MOTION: A motion was made by Councilmember Randall to approve the 25 preliminary plat for Red Cliffs Square Subdivision. 26 SECOND: The motion was seconded by Councilmember Baca. 27 VOTE: Mayor Pike called for a vote, as follows: 28 29 Councilmember Hughes – aye 30 Councilmember Randall – aye 31 Councilmember Arial – aye 32 Councilmember Baca – aye 33 Councilmember Smethurst – aye 34 35 The vote was unanimous and the motion carried. 36 37 REPORTS FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER: 38 No reports were given. 39 40 ADJOURN TO THE MUNICIPAL BUILDING AUTHORITY MEETING: 41 MOTION: A motion was made by Councilmember Randall to adjourn from the 42 City Council meeting and move into the Municipal Building Authority 43 meeting. 44 SECOND: The motion was seconded by Councilmember Baca. 45 VOTE: Mayor Pike called for a roll call vote, as follows: 46 47 Councilmember Hughes – aye 48 Councilmember Randall – aye 49 Councilmember Arial – aye 50 Councilmember Baca – aye 51 Councilmember Smethurst – aye 52

1 St. George City Council Minutes 2 December 5, 2019 3 Page Eleven 4 5 The vote was unanimous and the motion carried. 6 7 8 9 10 ______11 Christina Fernandez, City Recorder

1 ST. GEORGE CITY COUNCIL MINUTES 2 WORK MEETING 3 DECEMBER 6, 2019, 9:00 AM 4 DIXIE POWER OFFICES 5 6 PRESENT: 7 Mayor Jon Pike 8 Councilmember Jimmie Hughes 9 Councilmember Michele Randall 10 Councilmember Joe Bowcutt 11 Councilmember Ed Baca 12 City Manager Adam Lenhard 13 14 OTHERS PRESENT: 15 Councilmember Elect Gregg McArthur 16 Councilmember Elect Dannielle Larkin 17 Financial Planning and Budget Manager Deanna Brklacich 18 Support Services Director Marc Mortensen 19 Leisure Services Director Shane McAffee 20 Police Chief Richard Farnsworth 21 Community Development Director John Willis 22 Human Resources Director Sharon Hokanson 23 Fire Chief Robert Stoker 24 Energy Services Director Laurie Mangum 25 Communications and Marketing Director David Cordero 26 Water Services Director Scott Taylor 27 Public Works Director Cameron Cutler 28 Administrative Services Director Trevor Coombs 29 Economic Development and Housing Director Shirlayne Quayle 30 City Recorder Christina Fernandez 31 Assistant Budget Manager Chad Moultrie 32 33 EXCUSED: 34 Councilmember Bette Arial 35 36 OPENING: 37 Mayor Pike called the meeting to order and welcomed all in attendance. The 38 invocation was offered by Water Service Director Scott Taylor and The Pledge of 39 Allegiance was led by Councilmember Hughes. 40 41 DISCUSSION REGARDING THE FISCAL YEAR 2020-2021 BUDGET: 42 Mayor Pike and City Manager Adam Lenhard spoke last year’s Council priorities; most 43 of which have been completed are in process. 44 45 The Council discussed their priorities for the upcoming budget year. Some of their 46 priorities and projects include: traffic; left turn arrows; public safety; water issues; 47 economic development; wages and housing costs; infrastructure; south Main Street; 48 projects and parking in the downtown area; tourism funding; parks and trails; 49 performing arts center; recreation programs; citizen advisory boards; and widening 50 and expansion of 3000 East and 1450 South. 51 52 Mayor Pike called for a short recess. 53

1 St. George City Council Minutes 2 December 6, 2019 3 Page Two 4 5 City Manager Adam Lenhard noted paramedic and ambulance service was briefly 6 discussed recently; he feels staff should look at the feasibility of this idea. Staff’s 7 approach to the budget would include no proposed tax increases. Down the road it 8 may be planned for public safety purposes. 9 10 ADJOURN: 11 MOTION: A motion was made by Councilmember Randall to adjourn. 12 SECOND: The motion was seconded by Councilmember Hughes. 13 VOTE: Mayor Pike called for a vote, as follows: 14 15 Councilmember Hughes – aye 16 Councilmember Randall – aye 17 Councilmember Baca – aye 18 Councilmember Smethurst – aye 19 20 The vote was unanimous and the motion carried. 21 22 23 24 25 ______26 Christina Fernandez, City Recorder 27

1 ST. GEORGE CITY COUNCIL MINUTES 2 REGULAR MEETING 3 DECEMBER 11, 2019, 4:00 P.M. 4 ADMINISTRATIVE CONFERENCE ROOM 5 6 PRESENT: 7 Mayor Jon Pike 8 Councilmember Jimmie Hughes 9 Councilmember Michele Randall 10 Councilmember Bette Arial 11 Councilmember Ed Baca 12 Councilmember Bryan Smethurst 13 City Manager Adam Lenhard 14 City Attorney Shawn Guzman 15 City Recorder Christina Fernandez 16 17 OPENING: 18 Mayor Pike called the meeting to order and welcomed all in attendance. The 19 invocation was offered by Pastor Greg Wright and the Pledge of Allegiance to the 20 Flag was led by Mayor Pike. 21 22 CONSENT CALENDAR: 23 a. Consider award of bid to JP Excavating for the Virgin River North Trail 24 - Fossil Falls to Millcreek Power Station (Trail Gap Project). 25 26 b. Consider award of bid to ASH Excavating for the Tonaquint Cemetery 27 expansion. 28 29 c. Consider approval of a Cooperative Agreement with the NRCS for the 30 sediment removal near the River Road Bridge on the Ft. Pearce wash. 31 32 d. Consider approval of an Easement Acquisition Agreement for the Sand 33 Hollow Pipeline connection alignment with Groves, LLC. 34 35 MOTION: A motion was made by Councilmember Randall to approve the consent 36 calendar. 37 SECOND: The motion was seconded by Councilmember Smethurst. 38 VOTE: Mayor Pike called for a vote, as follows: 39 40 Councilmember Hughes – aye 41 Councilmember Randall – aye 42 Councilmember Arial – aye 43 Councilmember Baca – aye 44 Councilmember Smethurst – aye 45 46 The vote was unanimous and the motion carried. 47 48 PRESENTATION OF CAFR REPORT: 49 Presentation and consideration of the audited Comprehensive Annual 50 Financial Report (CAFR) For Fiscal Year 2019. 51 52 Administrative Services Director Trevor Coombs explained the audit process and 53 introduced Steve Palmer with Hinton Burdock CPA and Advisors. The report is still in 54 draft form; needing minor tweaks. 55

1 St. George City Council Minutes 2 December 11, 2019 3 Page Two 4 5 Mr. Palmer stated the audit of the CAFR is completed. After completion of the audit, 6 his firm will submit four (4) reports: 1) Independent Auditor’s Report with an 7 unmodified (clean) opinion on the financial statements; 2) Internal Control Report 8 with no findings in any of the categories; 3) State Report with one minor finding 9 relating to the Dixie Center EDA deficit fund balance; and 4) Federal Single Audit 10 Report with no findings. 11 12 Financial Planning and Budget Manager Deanna Brklacich clarified the fund balance 13 deficit is basically due to an accounting requirement. About 4 years ago, the Council 14 approved an interfund loan for the infrastructure improvements within the EDA. 15 Until the $1 million loan is repaid, it will continue to be in a fund balance deficit. 16 17 MOTION: A motion was made by Councilmember Arial to approve the audited 18 Comprehensive Annual Financial Report for Fiscal Year 2019. 19 SECOND: The motion was seconded by Councilmember Baca. 20 VOTE: Mayor Pike called for a roll call vote, as follows: 21 22 Councilmember Hughes – aye 23 Councilmember Randall – aye 24 Councilmember Arial – aye 25 Councilmember Baca – aye 26 Councilmember Smethurst – aye 27 28 The vote was unanimous and the motion carried. 29 30 INTERLOCAL AGREEMENT: 31 Consider approval of an Interlocal Agreement with Washington City to 32 provide transit and paratransit services. 33 34 City Manager Adam Lenhard explained Washington City has requested St. George 35 provide a bus route in Washington City. They have agreed to pay all costs 36 associated with the service and the City of St. George has the capacity to provide 37 services. Staff is still fine tuning the details; therefore, he suggested it be subject to 38 Legal and Finance staff review. The City already owns the bus and would have to 39 hire additional staff. Staff has a map of the route. 40 41 Public Works Director Cameron Cutler stated once the agreement is signed the 42 service will begin in about 90 days. 43 44 MOTION: A motion was made by Councilmember Smethurst to approve the 45 Interlocal Agreement with Washington City to provide transit and 46 paratransit services subject to review and approval by the Legal and 47 Finance Departments. 48 SECOND: The motion was seconded by Councilmember Arial. 49 VOTE: Mayor Pike called for a vote, as follows: 50 51 Councilmember Hughes – aye 52 Councilmember Randall – aye 53 Councilmember Arial – aye 54

1 St. George City Council Minutes 2 December 11, 2019 3 Page Three 4 5 Councilmember Baca – aye 6 Councilmember Smethurst – aye 7 8 The vote was unanimous and the motion carried. 9 10 PRESENTATION REGARDING THE IRONMAN 2020 AND IRONMAN 70.3 2021 11 EVENTS: 12 Kevin Lewis with Washington County Convention and Tourism Office provided a 13 PowerPoint presentation covering the following topics: 5-year agreement; bike 14 course; run course; Ironman 70.3 World Championship; and Ironman 70.3 World 15 Championship. 16 17 Support Services Director Marc Mortensen stated he and Mr. Lewis spoke to the folks 18 at Art Around the Corner regarding art pieces in the downtown area during these 19 events. 20 21 Mr. Lewis continued with his PowerPoint presentation covering the following topics: 22 key concerns; Local Organizing Committees; and ceremonial transfer to new host. 23 24 Mr. Mortensen spoke about wayfinding signs; he would like to see them Citywide on 25 a grander scale. 26 27 ESTBLISH FEES FOR ADOPTION OF LIVESTOCK/ORDINANCE: 28 Consider approval of an ordinance establishing fees for adoption of 29 livestock. 30 31 City Manager Adam Lenhard explained the St. George City Division of Animal Control 32 was given custody of neglected livestock through court proceedings and is seeking a 33 fee schedule to allow for adoption to new owners. Staff originally recommended 34 setting the fees at up to $1,500.00 per animal for livestock adoptions. 35 36 Mayor Pike read the updated proposed language in the ordinance. The fees are 37 proposed to be: Adoptions: In amount based on staff’s estimated value, and 38 considering the cost of continuing border and care, and as approved by the City 39 Manager. 40 41 City Attorney Shawn Guzman commented the intent is to say that staff will get an 42 estimate on value and discount the estimated value by the cost of bordering and 43 caring for the animal. 44 45 MOTION: A motion was made by Councilmember Arial to approve the ordinance 46 establishing fees for adoption of livestock. 47 SECOND: The motion was seconded by Councilmember Randall. 48 VOTE: Mayor Pike called for a roll call vote, as follows: 49 50 Councilmember Hughes – aye 51 Councilmember Randall – aye 52 Councilmember Arial – aye 53 Councilmember Baca – aye 54 Councilmember Smethurst – aye

1 St. George City Council Minutes 2 December 11, 2019 3 Page Four 4 5 The vote was unanimous and the motion carried. 6 7 REPORT FROM MAYOR, COUNCILMEMBERS, AND CITY MANAGER: 8 Financial Planning and Budget Manager Deanna Brklacich thanked the Council for 9 their input on next year’s budget. 10 11 Councilmember Baca reported on the recent Dinosaur Museum meeting. 12 13 Councilmember Arial noted a group inquired about a permanent sculpture at the 14 round about near the Tabernacle. 15 16 Mayor stated Alan Carter approached the City about a piece of art; he sent them to 17 speak to Art Around the Corner. 18 19 ADJOURN: 20 MOTION: A motion was made by Councilmember Baca to adjourn. 21 SECOND: The motion was seconded by Councilmember Smethurst. 22 VOTE: Mayor Pike called for a vote, as follows: 23 24 Councilmember Hughes – aye 25 Councilmember Randall – aye 26 Councilmember Arial – aye 27 Councilmember Baca – aye 28 Councilmember Smethurst – aye 29 30 The vote was unanimous and the motion carried. 31 32 33 34 35 ______36 Christina Fernandez, City Recorder

ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING JANUARY 6, 2020, 12:00 P.M. CITY COUNCIL CHAMBERS

PRESENT: Mayor Jon Pike Councilmember Jimmie Hughes Councilmember Michele Randall Councilmember Bryan Smethurst City Manager Adam Lenhard City Attorney Shawn Guzman City Recorder Christina Fernandez

ALSO PRESENT: Ed Baca Gregg McArthur Dannielle Larkin

OPENING: Mayor Pike called the meeting to order and welcomed all in attendance. The invocation was offered by Pastor Jimi Kestin and the Pledge of Allegiance to the Flag was led by City Manager Adam Lenhard.

Mayor Pike recognized outgoing Councilmember Ed Baca after which he mentioned that outgoing Councilmember Bette Arial could not make today’s meeting. He thanked Mr. Baca for his continued service.

Mr. Baca thanked all those in attendance as well as his wife, Karen, for allowing him to attend City Council meetings all of these years.

SWEARING IN OF ELECTED OFFICIALS: Jimmie Hughes, Gregg McArthur, and Dannielle Larkin were sworn in by City Recorder Christina Fernandez.

Mayor Pike read a quote from Henry Ford, which said “Individualism is what makes cooperation worth living.” Each Councilmember brings unique gifts and talents, which is wonderful. Occasionally, there will be a difference of opinion, which is okay. He mentioned events that will take place this week.

Councilmember Hughes, Randall and Smethurst took turns welcoming the new Councilmembers.

ADJOURN: MOTION: A motion was made by Councilmember Randall to adjourn. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor Pike called for a vote, as follows:

Councilmember Hughes – aye Councilmember Randall – aye Councilmember Smethurst – aye Councilmember McArthur – aye Councilmember Larkin – aye

The vote was unanimous and the motion carried.

______Christina Fernandez, City Recorder

1 2 3 ST. GEORGE CITY COUNCIL MINUTES 4 REGULAR MEETING 5 JANUARY 9, 2020 4:00 P.M. 6 CITY COUNCIL CHAMBERS 7 8 PRESENT: 9 Mayor Jon Pike 10 Councilmember Jimmie Hughes 11 Councilmember Michele Randall 12 Councilmember Bryan Smethurst 13 Councilmember Gregg McArthur 14 Councilmember Dannielle Larkin 15 City Manager Adam Lenhard 16 City Attorney Shawn Guzman 17 City Recorder Christina Fernandez 18 19 OPENING: 20 Mayor Pike called the meeting to order and welcomed all in attendance. The invocation 21 was offered by Pastor Jimi Kestin and the Pledge of Allegiance to the Flag was led by 22 Councilmember Bryan Smethurst. 23 24 Mayor Pike mentioned the Economic Summit and that all six (6) candidates for Governor 25 were in attendance. 26 27 LaDel Laub with Dixie Power sated they value their relationship with the City. Because 28 they are an electric cooperative, they give money back. He gave the City a check for 29 $28,000 which represents the City’s share of distribution. 30 31 Mayor Pike noted Ron Thompson with the Washington County Water Conservancy District 32 retired after which he read a proclamation proclaiming January 9, 2020 as Ron Thompson 33 Day. Each of the Councilmembers spoke about their experience with Mr. Thompson. 34 35 Councilmember Smethurst noted that today is National Law Enforcement. He thanked the 36 City’s Police Department for their service to the community. 37 38 City Manager Adam Lenhard mentioned the corrected and amended agenda; item 14 will 39 be heard after the Consent Calendar; and item 8 has been removed from the agenda. 40 41 COMMENTS FROM THE PUBLIC: 42 No comments were given. 43 44 CONSENT CALENDAR: 45 a. Consider award of bid to Watts Construction Inc for the E-911 Relocation 46 Project. 47 48 b. Consider award of bid to Span Systems for the Sand Hollow Aquatic Center 49 Dome Reconstruction Project. 50 51 c. Consider award of bid to Interstate Rock Products for the Snow Canyon 52 Parkway 1400 West Signal Project. 53

1 St. George City Council Minutes 2 January 9, 2020 3 Page Two 4 5 d. Consider award of bid to Cache Valley Electric for the Bloomington substation 6 Upgrade Project. 7 8 e. Consider award of bid to Feller Enterprises for the City Creek Drainage 9 Improvements Project. 10 11 f. Consider approval of a Professional Services Agreement with Alliance 12 Consulting for the Virgin River North Trail - Fossil Falls to Millcreek Power 13 Station. 14 15 g. Consider approval of a Professional Services Agreement with JRCA Architects 16 for the City Hall Remodel (phase 2) project. 17 18 h. Consider approval of a Professional Service Agreement with JRCA Architects 19 for the Police Department Phase 3 project. 20 21 i. Consider approval of a new hangar lease on Lot 106 with Steven and Meriann 22 VanBatavia. 23 24 j. Consider approval of a new hangar lease on Lot 55E with Curtis & Lisa Hahn. 25 26 k. Consider approval of the financial report for November 2019. 27 28 City Manager Adam Lenhard stated these items are administrative in nature and have 29 been reviewed by staff after which he asked the Council if they would like to remove any 30 of the items from the Consent Calendar to discuss, if not he suggested making a single 31 motion to approve all of the items. 32 33 MOTION: A motion was made by Councilmember Randall to approve the consent 34 calendar as presented. 35 SECOND: The motion was seconded by Councilmember Hughes. 36 VOTE: Mayor Pike called for a vote, as follows: 37 38 Councilmember Hughes – aye 39 Councilmember Randall – aye 40 Councilmember Smethurst – aye 41 Councilmember McArthur – aye 42 Councilmember Larkin – aye 43 44 The vote was unanimous and the motion carried. 45 46 ZONE CHANGE/ORDINANCE: 47 Consider an ordinance for changing the zone from C-3 (General Commercial) to 48 PD-C (Planned Development Commercial) on approximately 2.54 acres for 49 development of a professional office building. 50 51 Planner Ray Snyder presented the request to change the zone from C-3 to PD-C to 52 construct a professional office building. He provided a PowerPoint presentation covering 53 the following topics: vicinity map; aerial map; approved preliminary plat; photos of the

1 St. George City Council Minutes 2 January 9, 2020 3 Page Three 4 5 area; zoning map; landscape plan; 2-D elevations for Planning Commission; 2-D 6 elevations for City Council; 3-D renderings for Planning Commission; 3-D renderings for 7 City Council; photo simulation; materials board. The Planning Commission recommended 8 approval. The uses were recommended as follows: 1) Administrative, executive, 9 professional medical and research offices, and businesses of an office type nature; 2) 10 Banking and financial institutions; 3) General research, not involving any industrial or 11 manufacturing process; 4) Medical and biological laboratories; and 5) Real Estate offices. 12 13 City Attorney Shawn Guzman stated that Councilmember Larkin served on the Planning 14 Commission prior to be elected to the City Council. There are some items on tonight’s 15 agenda that she voted on as a Planning Commission member; however, there is no conflict 16 with her voting as a Councilmember at this meeting. 17 18 MOTION: A motion was made by Councilmember Randall to approve the ordinance the 19 zone from C-3 to PD-C on approximately 2.54 acres for development of a 20 professional office building. 21 SECOND: The motion was seconded by Councilmember Smethurst. 22 VOTE: Mayor Pike called for a roll call vote, as follows: 23 24 Councilmember Hughes – aye 25 Councilmember Randall – aye 26 Councilmember Smethurst – aye 27 Councilmember McArthur – aye 28 Councilmember Larkin – aye 29 30 The vote was unanimous and the motion carried. 31 32 CITY SPONSORSHIP: 33 Consider approval to sponsor the Saint George Market event for Indigo 34 Enterprises. Winsor Way LLC on May 8-9, 2020. 35 36 City Manager Adam Lenhard noted items 3, 4 and 5 are request for City sponsorship. 37 Typically, special events are approved the Special Events Committee; however, these 38 three (3) needed a special review by the Council as they did not fit into the City’s rules and 39 regulations. 40 41 Mayor Pike mentioned a few years ago, the Council amended the ordinance to no longer 42 waive fees. When a request to waive fees is made, the Council needs to approve it. 43 44 Applicant Indigo Klabanoff explained this is a pop-up market that will the Assistance 45 League of Southern Utah. She outlined what Assistance League provides to the 46 community. This event will take place at Town Square. 47 48 Councilmember Randall noted she met with Indigo several times regarding this request. 49 She feels this will be a nice event. 50 51 Mayor Pike noted the sponsorship request includes: 1) Fee waiver for the Special Event 52 Permit fee ($150/day); 2) Fee waiver for the park reservation fee ($150/hour); 3) Fee 53

1 St. George City Council Minutes 2 January 9, 2020 3 Page Four 4 5 waiver for the sub-license fees for each vendor ($5 each); and 4) Firetruck on display. 6 Staff is recommending approval with the condition that a special event permit application 7 be approved. 8 9 City Manager Adam Lenhard clarified this will be an on-duty fire truck; if there is a call, it 10 would need to leave. 11 12 MOTION: A motion was made by Councilmember Larkin to approve the fee waivers as 13 presented with the caveat shared by City Manager Adam Lenhard. 14 SECOND: The motion was seconded by Councilmember Randall. 15 VOTE: Mayor Pike called for a vote, as follows: 16 17 Councilmember Hughes – aye 18 Councilmember Randall – aye 19 Councilmember Smethurst – aye 20 Councilmember McArthur – aye 21 Councilmember Larkin – aye 22 23 The vote was unanimous and the motion carried. 24 25 CITY SPONSORSHIP: 26 Consider approval to sponsor the Winter Roundup for Sky Nine Ranch, LLC on 27 February 7, 8, 21 & 22, 2020. 28 29 Applicant Jaymes Holcomb explained he is asking for a sponsorship and partnership. This 30 is a 4-day rodeo event on the 2nd and 4th weekends in February will take place at the 31 Dixie Sun Bowl from 6PM-10PM each night with approximately 75 participants and 300+ 32 spectators. He noted this event is sanctioned by the Rocky Mountain Professional Rodeos 33 Association. 34 35 Councilmember Randall stated she would like to see this event take place and be 36 successful. 37 38 After being asked by Councilmember Larkin, Mr. Holcomb explained this is not a non-profit 39 entity; however, he does not anticipate they will make much of a profit. He added that 40 they will charge admission fees. If successful, he would like to continue with the event in 41 future years. 42 43 Mayor Pike explained the Council is not committing to anything for next year. He asked 44 the Council is they would like to make a motion to approve tonight’s request. 45 46 MOTION: A motion was made by Councilmember Hughes to approve the request so 47 sponsor the Winter Roundup for Sky Nine Ranch, LLC. 48 SECOND: The motion was seconded by Councilmember Randall. 49 VOTE: Mayor Pike called for a vote, as follows: 50 51 Councilmember Hughes – aye 52 Councilmember Randall – aye 53 Councilmember Smethurst – aye

1 St. George City Council Minutes 2 January 9, 2020 3 Page Five 4 5 Councilmember McArthur – aye 6 Councilmember Larkin – aye 7 8 The vote was unanimous and the motion carried. 9 10 CONTINUED SPONSORSHIP: 11 Consider approval to continue sponsorship of the annual Juan's Spring Festival 12 event for Canyon Media on March 28, 2020. 13 14 City Manager Adam Lenhard clarified the City has sponsored in the past and actually 15 participates in this event. He noted this is one of the unique events that helps the City 16 interact with the Hispanic community; great relationships have formed over the past few 17 years. 18 19 MOTION: A motion was made by Councilmember Randall to approve the request as 20 presented. 21 SECOND: The motion was seconded by Councilmember Larkin. 22 VOTE: Mayor Pike called for a vote, as follows: 23 24 Councilmember Hughes – aye 25 Councilmember Randall – aye 26 Councilmember Smethurst – aye 27 Councilmember McArthur – aye 28 Councilmember Larkin – aye 29 30 The vote was unanimous and the motion carried. 31 32 City Manager Adam Lenhard noted staff is asking that the applicant recruits volunteers to 33 assist with clean up and trash cans. 34 35 AMENDED 36 MOTION: Councilmember Randall amended her motion to include the note from City 37 Manager Adam Lenhard. 38 SECOND: The amended motion was seconded by Councilmember Larkin. 39 VOTE: Mayor Pike called for a vote, as follows: 40 41 Councilmember Hughes – aye 42 Councilmember Randall – aye 43 Councilmember Smethurst – aye 44 Councilmember McArthur – aye 45 Councilmember Larkin – aye 46 47 The vote was unanimous and the motion carried. 48 49 PUBLIC HEARING/AMENDED FINAL PLAT: 50 Public hearing and consideration of an amended final subdivision plat for 51 Ancestor Square Condominiums Amended by increasing the size of the Adobe 52 Building (Units 38 & 39). By making this change they are converting common 53 area, which is a public easement, into private ownership.

1 St. George City Council Minutes 2 January 9, 2020 3 Page Six 4 5 Assistant Public Works Director Wes Jenkins presented the request to amend a final 6 subdivision plat by increasing the size of private ownership of one of the buildings. This 7 area is currently common area and is a public easement. This is located at 2 West St. 8 George Blvd., Unit 38 & 39. Zoning is C-4. He showed and outlined the amended final 9 plat. 10 11 Mayor Pike opened the public hearing. There being no comment, he closed the public 12 hearing. 13 14 MOTION: A motion was made by Councilmember Hughes to approve the amended 15 final plat for Ancestor Square Condominiums Amended for units 38 & 39. 16 SECOND: The motion was seconded by Councilmember Smethurst. 17 VOTE: Mayor Pike called for a roll call vote, as follows: 18 19 Councilmember Hughes – aye 20 Councilmember Randall – aye 21 Councilmember Smethurst – aye 22 Councilmember McArthur – aye 23 Councilmember Larkin – aye 24 25 The vote was unanimous and the motion carried. 26 27 PUBLIC HEARING/AMENDED FINAL PLAT: 28 Public hearing and consideration of an amended final subdivision plat for Canyon 29 Terrace Estates Phase 2 by reducing the size of Lot 23 from 7.00 acres to 3.26 30 acres and creating Lot 28; all easements are to remain. 31 32 Assistant Public Works Director Wes Jenkins presented the request to amend a final 33 subdivision plat by reducing the size of Lot 23 from 7.00 acres to 3.26 acres and to 34 creating lot 28. This request is located at 1625 N. Lava Flow Drive; zoning is R-1-10. He 35 showed and outlined the amended final plat. 36 37 Mayor Pike opened the public hearing. There being no comment, he closed the public 38 hearing. 39 40 MOTION: A motion was made by Councilmember Randall to approve the amended 41 final plat for Canyon Terrace Estates Phase 2. 42 SECOND: The motion was seconded by Councilmember Hughes. 43 VOTE: Mayor Pike called for a roll call vote, as follows: 44 45 Councilmember Hughes – aye 46 Councilmember Randall – aye 47 Councilmember Smethurst – aye 48 Councilmember McArthur – aye 49 Councilmember Larkin – aye 50 51 The vote was unanimous and the motion carried. 52 53

1 St. George City Council Minutes 2 January 9, 2020 3 Page Six 4 5 PUBLIC HEARING/AMENDED FINAL PLAT: 6 Public hearing and consideration of an amended final subdivision plat for 7 Crimson Cliffs Phase 3 by increasing the size of Lot 7 and vacating the public 8 utilities and drainage easement at the Northeast corner of the existing lot. A 9 new easement is being granted along the cul-de-sac at 2150 South Circle. 10 11 Assistant Public Works Director Wes Jenkins presented the request to amend a final 12 subdivision plat by increasing the size of Lot 7 and to vacate the public utilities and 13 drainage easement at the Northeast corner of the existing lot. This is located at 2185 14 South 2440 East Circle; zoning is RE-12.5. He showed and outlined the amended final 15 plat. 16 17 Mayor Pike opened the public hearing. There being no comment, he closed the public 18 hearing. 19 20 Councilmember Hughes stepped out. 21 22 MOTION: A motion was made by Councilmember Smethurst to approve the amended 23 final subdivision plat for Crimson Cliffs Phase 3 by increasing the size of Lot 24 7 and vacating the public utilities and drainage easement at the Northeast 25 corner of the existing lot. 26 SECOND: The motion was seconded by Councilmember Hughes. 27 VOTE: Mayor Pike called for a roll call vote, as follows: 28 29 Councilmember Randall – aye 30 Councilmember Smethurst – aye 31 Councilmember McArthur – aye 32 Councilmember Larkin – aye 33 34 The vote was unanimous and the motion carried. 35 36 PUBLIC HEAIRNG/VACATE EXISTING PUBLIC UTILITY EASEMENT/ORDINANCE: 37 Public hearing and consideration of an ordinance to vacate an existing public 38 utility easement located between Lot 43 & 44, Entrada at Snow Canyon Chaco 39 Bench Phase 2 and establish a new easement to the north. 40 41 Assistant Public Works Director Wes Jenkins presented the request to consider vacating 42 the public utility easement located between Lot 43 & 44, Entrada at Snow Canyon Chaco 43 Bench Phase 2 located at 2688 N. Chaco Trail and establish a new easement to the north; 44 zoning is PD-R. He showed and outlined the easement vacation plat. 45 46 Mayor Pike opened the public hearing. There being no comment, he closed the public 47 hearing. 48 49 MOTION: A motion was made by Councilmember Randall to approve the ordinance 50 vacating an existing public utility easement located between lot 43 & 44 of 51 Entrada at Snow Canyon Chaco Bench Phase 2. 52 SECOND: The motion was seconded by Councilmember McArthur. 53 VOTE: Mayor Pike called for a roll call vote, as follows:

1 St. George City Council Minutes 2 January 9, 2020 3 Page Seven 4 5 Councilmember Randall – aye 6 Councilmember Smethurst – aye 7 Councilmember McArthur – aye 8 Councilmember Larkin – aye 9 10 The vote was unanimous and the motion carried. 11 12 13 PUBLIC HEARING/AMENDED FINAL PLAT: 14 Public Hearing and consideration of an amended final subdivision plat for The 15 Reserve at River Hollow Phase 1. The purpose of this amended plat is to change 16 the access location for Lots 14 & 15, allowing them access off 2780 East Street 17 instead of 1170 South Circle, this also affects Lot 13. Easements are also being 18 adjusted to fit the changes. 19 20 Assistant Public Works Director Wes Jenkins presented the request to amend a final 21 subdivision plat by changing the vehicular access from 1170 South Street to 2780 East 22 Street for Lots 14 & 15. This is located at 2741 East 1170 South Circle; zoning is RE-20. 23 He showed and outlined the amended final plat. 24 25 City Attorney Shawn Guzman asked for clarification. He noted the request will not affect 26 lot 13 as it does not cross on the lot, rather it crosses the lots behind. 27 28 Councilmember Hughes returned. 29 30 Mayor Pike opened the public hearing. There being no comment, he closed the public 31 hearing. 32 33 MOTION: A motion was made by Councilmember McArthur to approve the amended 34 final plat for The Reserve at River Hollow Phase 1. 35 SECOND: The motion was seconded by Councilmember Larkin. 36 VOTE: Mayor Pike called for a vote, as follows: 37 38 Councilmember Hughes – did not vote as he was not present for the 39 discussion 40 Councilmember Randall – aye 41 Councilmember Smethurst – aye 42 Councilmember McArthur – aye 43 Councilmember Larkin – aye 44 45 The vote was unanimous and the motion carried. 46 47 PUBLIC HEARING/AMENDED FINAL PLAT: 48 Public Hearing and consideration of an amended final subdivision plat for Sentieri 49 Canyon at Divario Phase 1 to adjust some of the lot lines along with the 50 municipal utility easements associated with those lots, add common area along 51 Sentieri Vista Drive, and add Lot 51. 52 53

1 St. George City Council Minutes 2 January 9, 2020 3 Page Eight 4 5 Assistant Public Works Director Wes Jenkins presented the request to consider amending a 6 final subdivision plat by adjusting Lots 1, 8, 12, and 25-37 and their easements and also 7 to add common area along Sentieri Vista Drive and add Lot 51, located on the North side 8 of Sentieri Vista Drive at approximately 2950 West and 340 South; zoning is R-1-10. He 9 showed and outlined the amended final plat. 10 11 Mayor Pike opened the public hearing. There being no comment, he closed the public 12 hearing. 13 14 MOTION: A motion was made by Councilmember Larkin to approve the amended final 15 plat for Sentieri Canyon at Divario Phase 1 to adjust some of the lot lines 16 along with the municipal utility easements associated with those lots, add 17 common area along Sentieri Vista Drive, and add Lot 51. 18 SECOND: The motion was seconded by Councilmember Smethurst. 19 VOTE: Mayor Pike called for a vote, as follows: 20 21 Councilmember Hughes – aye 22 Councilmember Randall – aye 23 Councilmember Smethurst – aye 24 Councilmember McArthur – aye 25 Councilmember Larkin – aye 26 27 The vote was unanimous and the motion carried. 28 29 AMEND CITY CODE/ORDINANCE: 30 Consider approval of an ordinance amending Title 9, Chapter 14, Stormwater 31 Management, of the St. George City Code. 32 33 City Engineer Jay Sandberg explained this amendment is necessary to bring the City's 34 Stormwater Ordinance into compliance with its State of Utah Storm Water Permit. 35 36 MOTION: A motion was made by Councilmember Randall to approve the ordinance 37 amending Title 9, Chapter 14, Stormwater Management, of the St. George 38 City Code. 39 SECOND: The motion was seconded by Councilmember McArthur. 40 VOTE: Mayor Pike called for a roll call vote, as follows: 41 42 Councilmember Hughes – aye 43 Councilmember Randall – aye 44 Councilmember Smethurst – aye 45 Councilmember McArthur – aye 46 Councilmember Larkin – aye 47 48 The vote was unanimous and the motion carried. 49 50 ZONE CHANGE/ORDINANCE: 51 Consider approval of an ordinance changing the zone from M-2 (Industrial) to M- 52 C (Industrial - Commercial) on approximately 1.97 acres located at 3292 East 53 Deseret Drive.

1 St. George City Council Minutes 2 January 9, 2020 3 Page Nine 4 5 Planner Ray Snyder stated the applicant seeks a zone change to M-C to allow a broader 6 use list which is available in the M-C zone. He provided a PowerPoint presentation 7 covering the following topics: aerial map; zoning map; and street view. The Planning 8 Commission recommended approval. 9 10 Councilmember Larkin commented she is concerned that there are not sidewalks on 3050 11 East. 12 13 MOTION: A motion was made by Councilmember Smethurst to approve the ordinance 14 changing the zone from M-2 to M-C on approximately 1.97 acres located at 15 3292 East Desert Drive. 16 SECOND: The motion was seconded by Councilmember Larkin. 17 VOTE: Mayor Pike called for a roll call vote, as follows: 18 19 Councilmember Hughes – aye 20 Councilmember Randall – aye 21 Councilmember Smethurst – aye 22 Councilmember McArthur – aye 23 Councilmember Larkin – aye 24 25 The vote was unanimous and the motion carried. 26 27 BOUNDARY LINE ADJUSTMENT/RESOLUTION: 28 Consider approval of a resolution declaring the intent to consider adjusting a 29 common municipal boundary line with the City of Santa Clara. 30 31 Assistant Public Works Director explained the applicant is requesting a City boundary line 32 adjustment between Santa Clara and St. George. Santa Clara is considering this item at 33 their next meeting. He showed a plat and outlined the proposed boundary line 34 adjustment. 35 36 MOTION: A motion was made by Councilmember Hughes to approve the resolution 37 declaring the intent to consider adjusting a common municipal boundary line 38 with the City of Santa Clara as explained. 39 SECOND: The motion was seconded by Councilmember Randall. 40 VOTE: Mayor Pike called for a roll call vote, as follows: 41 42 Councilmember Hughes – aye 43 Councilmember Randall – aye 44 Councilmember Smethurst – aye 45 Councilmember McArthur – aye 46 Councilmember Larkin – aye 47 48 The vote was unanimous and the motion carried. 49 50 PRELIMINARY PLAT: 51 Consider approval of the preliminary plat for Desert Color Resort Phase 4, an 8- 52 lot residential subdivision located in the resort area of the Desert Color 53 development.

1 St. George City Council Minutes 2 January 9, 2020 3 Page Ten 4 5 Assistant Public Works Director Wes Jenkins presented the preliminary plat for Desert 6 Color Resort Phase 4. This is part of the resort area of the Desert Color development 7 where there are only private roads. He showed and outlined the preliminary plat. 8 9 MOTION: A motion was made by Councilmember Randall to approve the preliminary 10 plat for Desert Color Resort Phase 4. 11 SECOND: The motion was seconded by Councilmember Smethurst. 12 VOTE: Mayor Pike called for a vote, as follows: 13 14 Councilmember Hughes – aye 15 Councilmember Randall – aye 16 Councilmember Smethurst – aye 17 Councilmember McArthur – aye 18 Councilmember Larkin – aye 19 20 The vote was unanimous and the motion carried. 21 22 CONDITIONAL USE PERMIT: 23 Consider approval of a conditional use permit to operate a short-term rental at an 24 existing Landmark Site known as the Samuel Miles Home located at 306 South 25 Main. 26 27 Community Development Director John Willis presented the request for a conditional use 28 permit to operate a short-term rental at an existing Landmark Site known as the Samuel 29 Miles Home located at 306 South Main. He provided a PowerPoint presentation 30 Covering the following topics: vicinity map; zoning and general plan maps; historic plaque; 31 property photos. The Planning Commission recommended approval. Conditions of 32 approval are: a maximum occupancy of twelve (12) people; the home can only be rented 33 as a single unit, no lock out units are permitted; and signage is limited to one attached or 34 freestanding sign of up to twenty-four square feet. 35 36 MOTION: A motion was made by Smethurst to approve the conditional use permit to 37 operate a short-term rental at an existing Landmark Site known as the 38 Samuel Miles Home located at 306 South Main with the conditions of the 39 Planning Commission. 40 SECOND: The motion was seconded by Councilmember Randall. 41 VOTE: Mayor Pike called for a vote, as follows: 42 43 Councilmember Hughes – aye 44 Councilmember Randall – aye 45 Councilmember Smethurst – aye 46 Councilmember McArthur – aye 47 Councilmember Larkin – aye 48 49 The vote was unanimous and the motion carried. 50 51 REPORTS FROM MAYOR, COUNCILEMMBERS, AND CITY MANAGER: 52 Councilmember Larkin reported that the Bicycle Collective vacated their original building. 53

1 St. George City Council Minutes 2 January 9, 2020 3 Page Eleven 4 5 City Attorney Shawn Guzman noted that the property the Bicycle Collective has relocated 6 to on Bluff Street is owned by the County; it is a Council of Governments property. There 7 is an agreement drafted that will be back for approval in the future. 8 9 Councilmember Hughes commented that the Point in Time count will take place soon. 10 11 Mayor Pike reminded the Council about Heritage Days this Saturday. He noted the second 12 City employee meeting will take place on Friday. 13 14 MOTION: A motion was made by Councilmember Randall to adjourn. 15 SECOND: The motion was seconded by Councilmember Larkin. 16 VOTE: Mayor Pike called for a vote, as follows: 17 18 Councilmember Hughes – aye 19 Councilmember Randall – aye 20 Councilmember Smethurst – aye 21 Councilmember McArthur – aye 22 Councilmember Larkin – aye 23 24 The vote was unanimous and the motion carried. 25 26 27 28 29 ______30 Christina Fernandez, City Recorder

1 ST. GEORGE CITY COUNCIL MINUTES 2 WORK MEETING 3 JANUARY 9, 2020 4:00 P.M. 4 ADMINISTRATION CONFERENCE ROOM 5 6 PRESENT: 7 Mayor Jon Pike 8 Councilmember Jimmie Hughes 9 Councilmember Michele Randall 10 Councilmember Bryan Smethurst 11 Councilmember Gregg McArthur 12 Councilmember Dannielle Larkin 13 City Manager Adam Lenhard 14 City Attorney Shawn Guzman 15 City Recorder Christina Fernandez 16 17 OPENING: 18 Mayor Pike called the meeting to order and welcomed all in attendance. He noted 19 that a regular meeting will be held at 5:00 p.m.; the invocation and Pledge will be 20 given during that meeting. 21 22 DISCUSSION REGARDING THE FEASIBILITY STUDY FOR A PERFORMING ARTS 23 CENTER: 24 Leisure Services Director Shane McAffee mentioned a feasibility study that was done 25 in 2011 or 2012. At that time the City was not quite ready yet. More recently, the 26 Council requested a new study be performed. He introduced Duncan Webb and his 27 team. 28 29 Duncan Webb with Webb Management Services provided a PowerPoint presentation 30 covering the following topics: Assessment & Opportunities; Population Growth; Age 31 Distribution; Tourism; Seasonal Residents; St. George Regional Performance 32 Facilities Inventory; Facility Utilization; Performance Facilities Inventory; User 33 Demand; Broadway Potential; Benefits & Impacts; Recommendation. 34 35 Architect Alberto Cavallero took over the PowerPoint presentation covering the 36 following topics: Preliminary Program (Comparison); Graphic Program; Candidate 37 Sites; Site 1 – Test Fit; Site 2 – Test Fit; Site 3 – Tech Ridge; and Site Comparison – 38 Pros & Cons. 39 40 Mr. Webb continued with the PowerPoint presentation covering the following topics: 41 Operating Goals; Governance; Activity Profile; Activity Profile; Operating Budget; 42 Funding Scenarios; How Options Support Local Users; and St. George Performing 43 Arts Center Critical Path Plan. 44 45 Mayor Pike noted the Council asked for this study and commented that this is a huge 46 project; it will take significant help from the private sector to accomplish. The 47 Council will determine levels of assistance. He asked the Council to review the full 48 report when they receive it. 49 50 City Manager Adam Lenhard commended those involved and stated the consultant 51 did a great job. It puts the City in a great position to make decisions. 52 53 Mayor Pike noted as part of this project, significant time was spent gathering 54 information from the arts community. Although there have been comments made

1 about financial assistance where there is a plan; it is fairly conceptual at this time. A 2 number of groups said they would like to be involved but it is not known what level. 3 He feels the Council needs to think about where they would like to head. 4 5 Councilmember Hughes noted it will take the private sector to help pay for the 6 building. He explained he is concerned with the ongoing costs of operation and 7 maintenance. He commented this needs to be a performing arts center, not just an 8 auditorium; if a center is built, it needs to be done right. 9 10 Councilmember Randall reiterated what Jimmie said. 11 12 Councilmember McArthur he would like to see a performing arts center, indoors so it 13 can be year-round and in the downtown area. He would like to see comparable 14 facilities and how it can be funded. 15 16 Mr. Webb encouraged the Council to visit other communities that have built a center 17 like this. 18 19 Councilmember Larkin echoed what the other Councilmembers said. She noted the 20 renderings are fantastic. 21 22 Mayor Pike stated you never know until you ask what financial support will be 23 received. 24 25 The consensus of the Council is not to fund this proposal with increased taxes. 26 Rather than “kicking the can around” they would like to focus more on how it’s going 27 to get done the right way and see what the private sector can do to help build it and 28 how it will be maintained and operated. 29 30 Mr. Webb explained other communities operate these buildings in a sustainable 31 fashion; supported with earned income and donations. 32 33 Mayor Pike noted he would like the Council to look at and digest the study. There has 34 to be a plan at some point. 35 36 Lucas Darger with the Southwest Symphony stated they are appreciative of the 37 group and to the City for getting the study done. They are trying to continue to raise 38 the bar and consistently sell out. He noted they have a lot of constraints with 39 existing facilities. 40 41 Diamond McPherson mentioned that he would like to come back with more detail 42 about plans for the St. George Musical Theater. 43 44 45 46 47 ______48 Christina Fernandez, City Recorder DRAFT Agenda Item Number :02 Request For Council Action

Date Submitted 01/10/2020 01:51 PM Proposed City Council 01/16/2020 Date Applicant Marc Mortensen Subject Consider approval of an Interlocal Agreement between the City and Washington County for 2020-2024 Ironman events. Background This agreement is very similar to past interlocal agreements between the City and Washington County for Ironman events over the past decade. In the agreement, the City agrees to host the Ironman event at Town Square (for the Ironman Village, T2, T3, and finish line), waive special event and vendor permit fees, provide outdoor storage space, provide police, emergency and other municipal services within the city, coordinate traffic control, provide electrical services and lighting at Town Square and notify the community of the events. The city agrees to provide services (those mentioned above plus staging) valued up to $25,000 per event and up to $50,000 value in services for the two-day world championship event in 2021. The term of the agreement includes all 2020-2024 Ironman events (6 total: two full distance, three 70.3 distance and one world championship). Proposed Resolution Staff recommends approval Cost $ Action Taken Requested by Marc Mortensen File Attachments 2020-2024ironmaninterlocal011320154918.pdf Approved by Legal Yes Department? Approved by City Admin NA Services? Approved in Budget? N/A Amount: INTERLOCAL COOPERATION AGREEMENT TO PROVIDE SUPPORT TO WASHINGTON COUNTY IN HOSTING THE IRONMAN 70.3 WORLD CHAMPIONSHIP - ST. GEORGE (2021), THE IRONMAN NORTH AMERICAN CHAMPIONSHIP – ST. GEORGE (2020 and 2023), AND THE IRONMAN 70.3 NORTH AMERICAN CHAMPIONSHIP (2021, 2022, and 2024)

This Interlocal Cooperative Agreement (the “Agreement”) is entered into by WASHINGTON COUNTY, a political subdivision of the State of Utah (“the County”); and the CITY OF ST. GEORGE, a Utah municipal corporation (“the City”), hereinafter collectively referred to as “Participants”. The purpose of the Agreement is to set forth the obligations that the City will perform to support the County in hosting the IRONMAN 70.3 World Championship – St. George (2021), the IRONMAN North American Championship (2020 and 2023), and the IRONMAN 70.3 North American Championship (2021, 2022, and 2024) and fulfilling the County’s contract with World Triathlon Corporation (“WTC”).

RECITALS

WHEREAS, for the past ten years, Washington County and the City have worked together with other public entities in order to host IRONMAN events; and

WHEREAS, the prior event hosting agreement between Washington County and WTC as well as the prior interlocal agreement between the City and County regarding the IRONMAN events have expired and need to be renewed for the area to successfully host new IRONMAN events; and

WHEREAS, the County has entered into a Host Venue Agreement with WTC under which the County will host IRONMAN races for another five year term (“IRONMAN Contract”), a copy of which is attached hereto as Exhibit “A”, and under which Washington County will host the IRONMAN 70.3 North American Championship for three years (2021, 2022, and 2024) and host the reintroduction of the full IRONMAN to the area for the IRONMAN North American Championship for two years (2020 and 2023) (each individually referred to as an “Event” or collectively as “Annual Event”); and

WHEREAS, in addition to the IRONMAN Contract, Washington County has been selected to host the IRONMAN 70.3 World Championship and has entered into a Host Venue Agreement (“World Championship Contract”), a copy of which is attached hereto as Exhibit “B”, and under which Washington County will host the IRONMAN 70.3 World Championship – St. George (2021) (referred to as an “Event” or the “World Championship Event”); and

WHEREAS, The Utah Interlocal-Cooperation Act, Utah Code Annotated Sections 11-13-101 et seq. (1953, as amended), permits local public agencies, including counties and cities, to make the most efficient use of their powers through cooperating with other public agencies; and

WHEREAS, due to the large positive economic impact that will come to the City and its residents by having the IRONMAN events conducted in and around the City, the City is willing to assist the County in fulfilling some of the County’s responsibilities under the IRONMAN Contract and the World Championship Contract.

THEREFORE, the Participants agree as follows:

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REQUIREMENTS OF THE COUNTY UNDER THE IRONMAN CONTRACT AND THE WORLD CHAMPIONSHIP CONTRACT THAT SHALL BE PROVIDED BY THE CITY

Section 1. The City shall provide the following to the County at no expense to the County, during each year of the term of the IRONMAN Contract and for the World Championship Contract:

(a) Planning and Coordination. Coordinate the use and permitting of needed and available City facilities and volunteer recruitment for all race sites in St. George to include: transition areas, finish line, athlete recovery area, concessions, parking, VIP hospitality, merchandise sales and spectator viewing.

(b) Venues/Facilities. The City shall provide certain areas of the St. George Town Square for each Event which shall consist of a large centralized area for run course, T2 bike transition area, finish line, victory celebration area (finish area), athlete recovery area, concessions, parking, VIP hospitality, merchandise sales, spectator viewing and pre-Race and/or post Event banquets (collectively, the “Venue”). The City shall not be required to provide any items of personal property except the following items that the City has historically provided, in the same manner, location, and quantity as the City has historically provided: spider box, bleachers, picnic tables, staging, trash cans and dumpsters. The Parties acknowledge that certain facilities and personal property listed herein will be required from the Tuesday before to the Tuesday immediately following each Race. The County shall identify all facilities and personal property listed herein needed for an Event, and the dates needed, no later than 60 days prior to an Event.

(c) Outdoor Storage Space. For each Event the City shall provide complimentary outdoor storage space (approximately 40,000 sq. ft. of space for each 70.3 Event and approximately 60,000 sg. Ft. of space for each 140.6 Event) near the Event site to house WTC’s Event equipment and supplies (the “Complimentary Storage Space”). The Complimentary Storage Space must be available to be staffed by WTC personnel to accept deliveries. Upon WTC’s request the City shall make such Complimentary Storage Space available for WTC’s use, provided, however, that WTC’s use of the Complimentary Storage Space shall not exceed forty-five (45) days. The City shall have no obligation to provide security or otherwise secure any storage space.

(d) Concessions. For each Event the City shall make arrangements for food and beverage concessions at Town Square and will retain all revenue from such food and beverage concessions. The City acknowledges that WTC has, and in the future may have additional food and beverage partners that may, at no additional cost to themselves imposed by the City, sell, sample, and distribute their products at all Event locations. Notwithstanding the foregoing, the City may require insurance coverage for all vendors, including but not limited to any food and beverage partners of WTC, which shall be the sole responsibility of such vendors to pay for and provide. Such insurance coverage shall be consistent with the normal and customary requirements imposed by the City on vendors for similar events, including the requirement that the City be an additional insured, with primary, non- contributory coverage and a waiver of subrogation, all as evidenced by a certificate of insurance issued in favor of the City.

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SERVICES

Section 2. With respect to each Event and as coordinated by WTC’s Race Director, the City shall facilitate, assist, and contribute services valued up to $25,000.00 (based on fair market value) for each Annual Event, and up to $50,000 (based on fair market value) for the World Championship Event, for the following support services as needed within the City:

(a) Police, Emergency and Other Municipal Services within the City. Provide and/or arrange for the provision of costs for police and municipal services within the City necessary to plan and conduct the Events, including police, traffic operations, , community awareness, waste management, and electrical services. The City shall ensure that police will command and ensure all emergency services (police, fire, and ambulance) needed to maintain public safety. The City shall temporarily install (or cause to be installed) a special command post that will bring together all three emergency services (police, fire and ambulance), private security, volunteer security personnel, and communications.

(b) Medical Professionals and Ambulance Services within the City. Coordinate with Gold Cross to provide that ambulances will be distributed strategically at the Venue, transition area, celebration areas, along the Race route, and the Event medical area. The City shall have no responsibility to coordinate or implement any medical plan.

(c) Traffic Control Devices and Services. The City shall provide (or cause to be provided) diagrams and/or plans to assist with the placement of traffic devices within the City. The City shall have no obligation to provide traffic control devices, cones, message boards, etc.

(d) Community Awareness. The City shall provide community notifications (provided a reasonable time before the Event) to all potentially affected persons and third parties within the city, informing them of planned street closures and Event schedules.

(e) Waste Management Services. The City shall ensure that the Venue is clean and well-kept at all times. Adjustments will be put in place according to the needs of WTC. The City shall provide (or cause to be provided) recycle containers, garbage units, large units for disposal, transportation, and manpower.

(f) Electrical Services and Equipment; Lighting. The City shall provide (or cause to be provided) a special event electricity system. Power hook-ups will be provided by certified technicians under the applicable construction code and regulations. To the extent lighting is already present at the Venue, the City shall supply (or cause to be supplied) lighting for certain areas within the City.

TERM

Section 3. This Agreement shall become effective on the date that both Participants have duly executed the Agreement and will continue in effect until thirty (30) days after the 2024 Event, unless otherwise agreed to in writing by the parties.

COMPLIANCE

Section 4. The City shall agree to the following items in order to comply with the terms of the IRONMAN Contract and the World Championship Contract:

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(a) Intellectual Property of WTC. The City shall not, without WTC’s prior written consent, use any intellectual property rights of WTC, including without limitation the IRONMAN® mark, the 70.3® mark, and the design mark known as the “M-DOT.” The City shall promptly inform WTC of any possible misuse or infringement by any person or entity of the Event Logo or any other intellectual property of WTC.

(b) No Construction; Street Cleaning. Unless reasonably required and unavoidable, the City shall not begin and/or effect any structural, engineering, beautification, or related works during the Event and the week prior to the Event. The City shall be responsible for sweeping and cleaning up all Venue areas prior to and after each Event.

(c) Venue & Race Course Exclusivity; Condition of Race Course. The City shall provide WTC with exclusive use of locations (as necessary for conducting the Event) within the Venue for purposes of staging and conducting the Race, the transition areas and infrastructure, the Expo, and all other aspects of the Event. The City shall ensure that, as necessary to conduct the Races, the Race course route (i.e., the roads, waterways, and other public spaces actually used for the Race) is closed to the public during the Race and for a reasonable period before and after the Race, and, subject to reasonable exceptions, is made exclusively available to WTC during such periods. The City shall ensure that all Race routes within the Venue are in good condition during the Event.

EXCLUSIVITY

Section 5.

(a) Use of Racecourse and Event-Related Areas. Notwithstanding anything to the contrary in this Agreement: During the period between (and including) the Monday preceding the Race Date until (and including) the Friday following the Race Date (collectively, the “Event Period”), the City shall not produce, conduct, host, or permit any event (other than such Event) that takes place, in whole or in part, on any portion of the Race course or at any Event-related area; provided, however, that during the Event Period (excluding Race day) private functions and corporate events may take place but only if such events do not do or include any of the following:

(i) include any endurance-, running-, road cycling-, or swimming-related race, competition or event; (ii) include any vendor exposition, tradeshow, and/or the selling of any merchandise and/or services; (iii) occur on the Race course or at any other area where any part of the Event is being conducted, or adversely affect the ingress or egress to or from any such areas; (iv) in any way jeopardize or adversely impact Event production or operations; (v) infringe on any WTC intellectual property rights; or (vi) include or constitute Ambush Marketing (as defined in Section 6 or otherwise promote themselves as purportedly being part of or in connection with the Event).

(b) Advertising Other Triathlon Companies or Long-Distance Triathlons. Unless otherwise pre-approved, in writing, by WTC (which approval may be granted or denied in WTC’s sole discretion), during the Term and except as set forth in this Section, the City shall not permit its website to display any marketing, promotion, advertisement, reference,

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or the like, of (i) any other triathlon event series or company, including but not limited to International Triathlon Union (ITU), Revloution3 Triathlon, Life Time Fitness Triathlon, Challenge Family Triathlon, and HITS Triathlon (or any of their respective successors or assigns)(the “Ironman Competitors”), (ii) any person, entity, or group (other than WTC or any subsidiary or licensee thereof) that operates, organizes, produces, or is otherwise involved in any triathlon having a distance longer than that of an “Olympic” distance triathlon (as such distance is defined by the International Triathlon Union), or (iii) any triathlon having a distance longer than that of an “Olympic” distance triathlon (as such distance is defined by the International Triathlon Union), unless such triathlon is owned or operated by WTC or any subsidiary or licensee of WTC.

Notwithstanding the foregoing, the City may permit its website to display marketing, promotion, advertisement, reference, and/or otherwise associate with, BBSC Endurance Sports (“BBSC”), provided however, that the City may not permits its website to display any marketing, promotion, advertisement, reference, or the like, of (A) any BBSC event(s) if such BBSC event(s) features any race distance longer than that of an “Olympic” distance triathlon (as such distance is defined by the International Triathlon Union), or (B) BBSC if BBSC or any of BBSC’s events are acquired by and/or operated by any Ironman Competitor.

(c) Non-Competition. During the Term and the eighteen (18)-month period thereafter, the City shall not produce, support, advertise, promote, conduct, host, permit, or contract or partner with any person or entity (other than WTC or a subsidiary thereof) for or in connection with, any other triathlon located, in whole or in part, within the Venue if such event features any race distance longer than that of an “Olympic” distance triathlon (as such distance is defined by the International Triathlon Union).

AMBUSH MARKETING

Section 6.

(a) “Ambush Marketing” means selling (e.g., including, but not limited to, sponsorship, merchandise, vendor space), advertising, or marketing, by any third party that is not a WTC-authorized sponsor, merchandiser, and/or vendor of the Event, where such selling, advertising, or marketing (i) is in connection with, or in proximity to, the Event, or (ii) otherwise has the effect of exploiting the goodwill of the Event and/or gaining market exposure by way of intrusive and/or associative marketing practices.

(b) The City shall not cause, engage in, or permit any Ambush Marketing, and, except to the extent the City is prohibited by law from doing so, the City shall prevent and stop Ambush Marketing at, near, or in connection with the Event, including without limitation by:

(i) Causing its employees and agents to promptly report, to WTC and the proper City or County authorities, any marketing or activity reasonably appearing to be Ambush Marketing;

(ii) Ensuring, prior to and during the Event, that the Event perimeter and any other key advertising locations under the City's control do not carry any form of temporary

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advertising or promotional material relating to the Event, except as may be approved in writing by WTC (in WTC’s sole discretion);

(iii) Using, invoking, and applying the City’s powers to protect all trademarks and copyrights associated with the Event;

(iv) Preventing the distribution of product samples, premiums, promotional literature and other commercial and non-commercial materials within the established Event perimeter or adjacent to the Event site, except where expressly authorized by WTC;

(v) As allowed by law, causing all signage and other physical items of Ambush Marketing to be taken down, moved, removed, and/or confiscated immediately by the City or, if applicable, law enforcement personnel; and

(vi) Cooperating with WTC to prevent Ambush Marketing, as may reasonably be requested by WTC.

CONSIDERATION PROVIDED BY WTC

Section 7. With respect to each Event, WTC shall provide to the City of St. George (the “City”) the following sponsorship benefits:

(a) Designation. The right to designate the City as an “Official Sponsor” of the Event in all reasonable forms of advertising and marketing. Such advertising and marketing is subject to approval by WTC.

(b) Social Media. The right to provide City-related content to WTC to be integrated into each Event’s social media campaign, including but not limited to, an announcement on the Event-specific Facebook pages related to the City’s sponsorship.

(c) Event-Specific Email Inclusion. The City may provide City-related content to WTC for inclusion in one (1) Event-specific email distributed by WTC to all persons who have opted-in to receive such email communications.

(d) Logo Exposure. Inclusion of the City’s logo, with a link to the City’s website, on the sponsorships page (or in the sponsorships section) of the Event-specific website.

(e) Hospitality Passes. Four (4) complimentary sponsor hospitality passes for the Annual Event and twenty (20) complimentary sponsor hospitality passes for the World Championship Event. Hospitality passes are for use by the City’s employees and representatives and grant access to certain selective benefits at the Event. WTC reserves the right to deny the use by any specific individual(s) of any hospitality passes.

(f) Snow Fencing. Six hundred feet (600’) of City-branded snow fencing, paid for and provided by the City, for placement by WTC at the Venue.

(g) Public Announcer Mentions. Public announcer mentions, acknowledging the City’s sponsorship of the Event, periodically during the Expo and on Race day at the Venue. The City shall provide the content of such announcements to WTC reasonably in advance. Page 6 of 12

(h) Dasher Boards. Two (2) logo inclusions on WTC’s Event specific host/venue dasher boards. Such dasher boards to be provided at WTC’s cost.

(i) Expo. The right to use a 10’ x 10’ space in the Expo at the Event, which Expo space may be used by the City to promote its products and services, provided that the City complies with WTC’s Expo rules and regulations.

(j) Athlete Kit Inserts. The right to provide City-branded items (such as coupons, samples, gifts, literature, brochures, etc.) for placement by WTC in the athlete Race kits, volunteer kits, and media kits at the Event.

(k) Event Entries. Two (2) complimentary Race entries for the Annual Events, but not the Word Championship Event (i.e., to participate as an age-group athlete in the Race) for use by the City’s employees or representatives. The City shall provide to WTC the name and email address for each athlete at least sixty (60) days prior to the applicable Race, and inform the athletes of the following requirements: (i) no entry may be sold, assigned, or otherwise transferred; (ii) WTC will email online registration instructions to the athletes; (iii) each entry is for only the specific race, in the designated year, and cannot be used for any other race, or deferred for entry in such race in a later year; (iv) athletes must register online with WTC no later than forty-five (45) days prior to the applicable race or else the entry will be null and void, without any refund right or any other right to compensation or reimbursement; and (v) athletes must have a valid USA Triathlon (USAT) license on the day of the applicable race or purchase a one-day membership on-site at the race during athlete check-in.

Section 8. With respect to each Event and in addition to the sponsorship benefits above, WTC shall provide to the City, the County, and the Sports Commission (collectively, the “Host Parties”) the following sponsorship benefits:

(a) License of Event Photos & Videos. Subject to the terms of this Agreement and unless otherwise agreed to by the Parties in writing, during the Term and subject to any third- party intellectual property rights therein, the Host Parties shall have a limited, non- exclusive license (a “Limited License”) to use (i) any of the WTC-owned photographs of the Event as may be provided to the Host Parties by WTC (the “WTC Photos”) and (ii) any photographs and/or video of the Event produced by Host (the “Host-Produced Photos & Videos”) provided that:

(i) Such use is solely for purposes of promoting and advertising the Venue and the Host Parties’ sponsorship of the Events; (ii) Such use complies fully with all guidelines of WTC’s Media and Television departments, including, without limitation, inclusion of proper copyright and attribution notices; (iii) The Host Parties may use the WTC Photos and/or Host-Produced Photos & Videos in vacation planners, marketing brochures and on the Host Party websites in order to publicize the Event and attract/inform participants and spectators, provided, however, that in no event may the Host Parties use the WTC Photos or the Host- Produced Photos & Videos in connection with any merchandise, products, or services;

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(iv) Upon WTC’s request the Host Parties shall immediately discontinue use of any WTC Photos and/or Host-Produced Photos & Videos; (v) The WTC Photos and Host-Produced Photos & Videos are, and shall remain, the property of WTC. Any and all rights in, to, or under the WTC Photos and Host- Produced Photos & Videos shall enure solely to the benefit of WTC; and (vi) The Host Parties shall not transfer or assign the Limited License or sub-license any of the WTC Photos or the Host-Produced Photos & Videos. (b) License of Event Logo. During the Term, the Host Parties shall have a limited, non- exclusive license (the “License”) to use the Event Logos, provided that:

(i) Such use is solely for purposes of promoting and advertising the Venue and the Host Parties’ sponsorship of the Events; (ii) Such use complies fully with the terms of this Agreement, including without limitation, the Trademark Standards and Usage Guidelines contained in Section 8(c) below; (iii) The Host Parties may use the Event Logos in vacation planners, marketing brochures and on Host Party websites in order to publicize the Event and attract/inform participants and spectators, provided, however, that in no event may the Host Parties sell or produce any IRONMAN-branded or Event-branded merchandise, products, or services; (iv) The Event Logos are, and shall remain, the property of WTC, and any and all rights in, to, or under the Event Logos, or any copyrights or other intellectual property of WTC, shall enure solely to the benefit of WTC; (v) The Host Parties shall not transfer or assign the License or sub-license any of the Event Logos; and (vi) The License expires immediately upon expiration or earlier termination of this Agreement, provided, however, that following the Term the Host Parties shall be entitled to continue to use the Event Logos for historical purposes (e.g., to make reference to the Event and their sponsorship of the Event and to showcase that they are capable of hosting large scale events). (vii) Host Parties acknowledge that WTC is the owner of the Event Logos and Host Parties shall not register, or apply to register, the Event Logos, any service mark, trademark, or domain name that is similar in any manner to, or that incorporates, the Event Logos, any of WTC’s other trademarks or other intellectual property, or any mark with the word “IRON,” or any equivalent term or phrase in any language. All goodwill and rights accruing or arising under the Event Logos, or in any copyrights or other intellectual property of WTC used in connection with this Agreement or any Event, enures solely to the benefit of WTC. (c) Trademark Standards and Usage Guidelines: Event Specific Logo.

(i) To the extent not covered in this Agreement, the Parties also agree to follow the requirements of the Trademark Standards and Usage Guidelines: Event-Specific Logo from WTC as outlined in Exhibit D of the IRONMAN Contract (attached as Exhibit A) and Exhibit E of the World Championship Contract (attached as Exhibit B).

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(ii) Event Logos must be used consistently and not altered.

(iii) All proposed uses of the Event Logo must be submitted to WTC for review PRIOR TO USAGE. All approval requests for use of any Event Logo must be submitted, along with a high resolution PDF image of the proposed use, to [email protected] for review by WTC. Please allow at least ten (10) business days for all approval requests to be answered. Any proposed use or item submitted that is not approved by WTC in writing within fifteen (15) days shall be deemed disapproved.

(iv) Each Event Logo is, and shall remain, the property of WTC. Any and all rights to, in, and under the Event Logo, or any copyright or other intellectual property of WTC, shall enure solely to the benefit of WTC.

(v) Notice must be given to the public that World Triathlon Corporation claims ownership of the Event Logo. Therefore, the following legal notice must clearly appear, in no smaller than 6-point size typeface, an all printed materials, products, websites, and all other items on which any Event Logo is used:

IRONMAN® and 70.3® are registered trademarks of World Triathlon Corporation. Used herein by permission.

(vi) Each use of Event Logo must: 1. Be solely and directly related to performing Host Party’s obligations, or exercising its rights, under this Agreement; 2. Not be on any merchandise or services for sale or distribution (except to the extent expressly and specifically authorized by this Agreement or separate written agreement with WTC); 3. Not constitute or involve transfer or assignment of the License or sub- license of any Event Logo; and 4. Not have anything embedded in, added to, or superimposed on Event Logo, or have any colors or color scheme different than that approved by WTC.

(vii) Improper Uses of the Trademarks “IRONMAN®” and “IRONMAN® 70.3®” include:

• IRONMAN® must be a single word, never hyphenated, and never capitalized as “IronMan”. • IRONMAN® and 70.3® must be two (2) separate words separated by no more and no less than one (1) character space. • IRONMAN® is a brand name – an identifier of a specific source of goods and services. It is not an indicator of distance. “IRONMAN” must never be used as a standalone term or to denote distance. (e.g., never as “Ironman distance” or “Iron distance”). • IRONMAN® 70.3® is a brand name – an identifier of a specific source of goods and services. It is not an indicator of distance. “IRONMAN” must never be used as a standalone term or to denote distance. (e.g., never as “half ironman”, “half ironman distance”, or “half iron distance”).

Page 9 of 12

• 70.3® is a brand name – an identifier of a specific source of goods and services. It is not an indicator of distance. “70.3” must never be used as a standalone term to denote distance. (e.g., never as “70.3 miles”) • IRONMAN® should never be abbreviated as “IM.” • IRONMAN® 70.3® should never be abbreviated as “IM70.3.” • Stand-alone references to “an IRONMAN” or “a 70.3” are improper. Please add “triathlon” to such phrases (e.g., “an IRONMAN® 70.3® triathlon”). • Do not use “iron” (or any foreign translation thereof) as a prefix for, or component of, any words – whether displayed as one word (e.g., “ironwoman”, “ironfamily”, or “ironmate”), as two separate words (e.g., “iron woman”, “iron family”, or “iron mate”), or as a hyphenated word (e.g., “iron-woman”, “iron-family”, or “iron-mate”). (Exceptions include IRONMAN®, IRONKIDS®, and IRON GIRL®, all of which are trademarks owned by WTC.)

INDEMNIFICATION

Section 9.

(a) Each Participant agrees to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence while acting within the scope of their authority, and agree to be liable for any damages resulting from said negligence to the extent permitted by law. Each Participant shall indemnify, defend and hold the other Participant and its officers, employees, and/or agents harmless from any and all claims, costs, liabilities, judgments, expenses or damages arising out of any negligent and/or act of malfeasance by the other party, its officers, employees, and/or agents.

(b) Nothing contained herein shall be construed as consent by either of the Participants to be sued by third-parties in any manner arising from this Agreement, or as a waiver of sovereign immunity as to any Participant.

GENERAL PROVISIONS

Section 10.

(a) Interlocal Agreement to be Kept on File. Each Participant will file this Agreement with its keeper of records.

(b) Approval. This Agreement shall be approved by each party, pursuant to the requirements of the Interlocal Cooperation Act.

(c) Attorney Review. This Agreement shall be reviewed as to proper form and compliance with applicable law by a duly authorized attorney on behalf of each party, pursuant to the requirements of the Interlocal Cooperation Act.

(d) Costs. Unless otherwise stated in this Agreement, each party shall be responsible for its own costs of any action done pursuant to this Agreement, and for any financing of such costs.

Page 10 of 12

(e) No Interlocal Entity. No separate legal entity is created by the terms of this Agreement. To the extent that this Agreement requires administration other than as set forth herein, it shall be administered by the duly assigned employees of the Participants, acting as a joint board. No real or personal property shall be acquired jointly by the parties as a result of this Agreement. To the extent that a party acquires, holds, and disposes of any real or personal property for use in the joint or cooperative undertaking contemplated by this Agreement, such party shall do so in the same manner that it deals with other property of such party

(f) Participants Status. Each Participant represents and warrants that it is a political subdivision of the State of Utah and is authorized to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder.

(g) Termination of Agreement. This Agreement shall be in full force and effect and be legally binding upon the Participants only after its approval and execution by the governing bodies of each of the Participants. This Agreement shall automatically terminate if and when the Ironman Contract is terminated prior to the fulfillment of its term. Furthermore, the Participants by mutual consent may terminate the Agreement at any time after all contractual obligations and debts relating to this Agreement have been fulfilled and retired.

(h) Counterparts. This Agreement may be executed in several counterparts, any one of which shall be regarded for all purposes as one original. The Participants agree that they will execute all instruments, documents, and resolutions or ordinances necessary to give effect to the terms of the Agreement.

(i) Entire Contract. This Agreement merges and supersedes all prior negotiations, representations and agreements between the Participants relating to the subject matter hereof and constitutes the entire contract between the Participants.

(j) Amendment. This Agreement shall not be modified or amended except in writing, which shall be signed by the duly authorized representative of each Participant after adoption of a resolution by the governing body of each participant approving the modification or amendment.

(k) Dispute Resolution. The Participants to this Agreement are governmental entities working together for mutual advantage. In the event a dispute arises with respect to this Agreement, the Participants agree to first submit the matter to non-binding mediation.

(l) Governing Law. This Agreement shall be governed by the laws of the State of Utah.

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SIGNATURE BLOCK

IN WITNESS WHEREOF, the Participants have caused this Agreement to be executed by their duly authorized representatives as of the Date first written above.

WASHINGTON COUNTY CITY OF ST. GEORGE

By:______Dean Cox, Chair Washington County Commission Title:______

Attest: Attest:

______Kim Hafen Washington County Clerk-Auditor

Date: Date:

Approved as to form and compatible with State law:

______Deputy Washington County Attorney City Attorney

Page 12 of 12

DRAFT Agenda Item Number :03 Request For Council Action

Date Submitted 01/08/2020 11:32 AM Proposed City Council 01/16/2020 Date Applicant City of St. George Subject Public hearing and consideration of a resolution to review and approve amendments to the Fiscal Year 2019-20 Budget. Background City departments have submitted requests for adjustments to their fiscal year 2019-20 department budgets after completion of 50% of the fiscal year. Budget opening requests submitted consist primarily of projects approved and started in the previous year which need to be carried over to the current year; project re-allocations; and new contractually- funded or new grant-funded projects. Proposed Resolution Staff recommends taking public comment and approval of the resolution. Cost $ Action Taken Requested by Deanna Brklacich File Attachments january162020budgetopening010820205209.pdf Approved by Legal NA Department? Approved by City Admin Yes Services? Approved in Budget? N/A Amount: RESOLUTION N O. ______

AMENDING T HE 2 019-2020 F ISCAL B UDGET F OR T HE C ITY O F S T. G EORGE, U TAH.

WHEREAS, pursuant to the Uniform Fiscal Procedures Act for Utah Cities (the "Act"), the City of St. George is required to adopt an annual budget with regard to the funds of the City; and

WHEREAS, the City has complied with the provisions of the Act in adopting a budget, and setting and conducting public hearings on such budget.

NOW, THEREFORE, at a regular meeting of the City Council of the City of St. George, Utah, duly called, noticed and held on the 16th day of January, 2020, upon motion duly made and seconded, it is unanimously

RESOLVED that the 2019-2020 fiscal budget for the City of St. George thereto, is hereby amended. Said amendments are attached hereto as Exhibit “A.”

VOTED UPON AND PASSED BY THE CITY COUNCIL OF THE CITY OF ST. GEORGE AT A REGULAR MEETING OF SAID COUNCIL HELD ON THE 16TH DAY OF JANUARY, 2020.

Members of the Council Voting Aye Jimmie Hughes Michele Randall Bryan Smethurst Gregg McArthur Dannielle Larkin

______Jonathan T. Pike, Mayor

ATTEST:

______Christina Fernandez, City Recorder CITY OF ST. GEORGE Budget Opening - Fiscal Year 2019-20 January 16, 2020

GENERAL FUND ADJUSTMENTS

1 10-4562-7300 Exhibits & Collections (Art Museum) - Improvements 25,000 10-33400 State Grant Revenues 25,000

To increase the Art Museum budget for a new grant received from the State of Utah Division of Arts and Museums to be used for the purchase of locking cabinets for the City's permanent art collection.

2 10-4211-1210 Police Dept. - Overtime 20,000 10-4211-2700 Police Dept. - Special Dept. Supplies 7,500 10-33400 State Grant Revenues 27,500

To increase the Police Dept. budget for an additional grant award from the State of Utah Alcohol and Drug Free Committee (ADF) for DUI enforcement. The grant will reimburse for additional overtime shifts and to purchase additional body worn cameras.

3 10-5650-7300 Sand Hollow Aquatics Center - Improvements 70,000 10-4810-9100 General Fund - Transfers to Other Funds 70,000 40-38200 Capital Projects Fund - Transfers from Other Funds 70,000 40-38800 Capital Projects Fund - Appropriated Fund Balance 70,000

To budget to renovate and remodel the mens, womens, and family locker room, shower, and restroom areas at the SHAC during the same timeframe which it will also be closed for the SHAC's dome replacement project. By completing these projects during the closure, we can minimize disruptions to the patrons.

4 10-4213-3100 Dispatch Center - Professional & Tech. Fees 91,000 10-33400 State Grant Revenues 91,000

To budget for Year 5/6 support and maintenance fees for the Dispatch Center's NexGen (Text) to 911 equipment located in both the Primary Dispatch Center and the Back-Up Center at Fire Station 7. The fees will be reimbursed in full from an existing state grant through the Utah Communications Authority (UCA).

5 10-4131-2700 City Manager - Special Dept. Supplies 6,000 10-4131-2900 City Manager - Rent of Property and Equipment 12,000 10-4810-9100 General Fund - Transfers to Other Funds 18,000 40-38200 Capital Projects Fund - Transfers from Other Funds 18,000 40-38800 Capital Projects Fund - Appropriated Fund Balance 18,000

To budget for the furnishings and rent for an apartment to assist new employees relocating to St. George with temporary housing (the budgeted rent is through June 2020). This will help the City with recruiting new employees.

OTHER FUNDS

6 43-4300-7595 Municipal Building Authority - City Hall Expansion - Phase 2 8,878,500 43-4300-7596 Municipal Building Authority - Police Building Expansion - Phase 3 6,892,500 43-4300-3112 Municipal Building Authority - Bond Issuance Costs 131,500 43-36700 Municipal Building Authority - Sale of Bonds 15,000,000 43-38200 Municipal Building Authority - Transfers from Other Funds 902,500 40-4000-9100 Capital Projects Fund - Transfers to Other Funds 902,500 40-36700 Capital Projects Fund - Sale of Bonds 11,000,000 40-4000-3112 Capital Projects Fund - Bond Issuance Cost 137,500 40-4000-7595 Capital Projects Fund - City Hall Expansion - Phase 2 3,946,700 40-4000-7596 Capital Projects Fund - Police Building Expansion - Phase 3 7,392,500 40-38800 Capital Projects Fund - Appropriated Fund Balance 425,800

To move the existing approved budgets for the City Hall (Phase 2) and the Police Headquarters (Phase 3) building remodel and expansion projects from the Capital Projects Fund to the Municipal Building Authority (MBA) Fund due to the funding requirements of the Community Impact Board (CIB) which is the agency authorizing the bond issuance to the City. This budget opening also increases the City Hall building project by $4 million, as well as the bond issuance amount from $11 million to $15 million, due to changes in building designs from the original concepts.

Page 1 CITY OF ST. GEORGE Budget Opening - Fiscal Year 2019-20 January 16, 2020

OTHER FUNDS

7 43-4300-2900 Municipal Building Authority - Rent of Property and Equipment 250,000 43-38200 Municipal Building Authority - Transfers from Other Funds 250,000 40-4000-9100 Capital Projects Fund - Transfers to Other Funds 250,000 40-38800 Capital Projects Fund - Appropriated Fund Balance 250,000

To budget for the lease, moving expenses, lease site improvements, network equipment, professional relocation services to move City Hall departments and employees to a temporary location while construction of the City Hall Expansion and Remodeling project is being completed. These costs represent costs through this current fiscal year and additional lease costs will be requested in next year's budget as well.

8 45-4500-3100 Street Impact Fund - Professional & Technical Services 60,000 45-34430 Street Impact Fees 60,000

To carryover the balance of funds approved in the prior year for a Transportation Master Plan study which began in FY2019, but will not be completed until FY2020.

9 47-4700-3100 Drainage Impact Fund - Professional & Technical Services 120,000 47-34450 Drainage Impact Fees 120,000

To carryover the balance of funds approved in the prior year for a Drainage Master Plan study which began in FY2019, but will not be completed until FY2020.

10 64-351XX SunTran - Washington Route Operations 86,768 64-351XX SunTran - Washington Route Equipment Replacement 106,500 64-33100 SunTran - Federal Grants 528,848 64-6400-1100 SunTran - Full-time Employees (includes Load) 93,644 64-6400-1200 SunTran - Part-time Employees (includes Load) 24,507 64-6400-2670 SunTran - Fuel 17,297 64-6400-2680 SunTran - Fleet Maintenance 26,968 64-6400-2700 SunTran - Special Dept. Supplies 26,700 64-6400-5100 SunTran - Insurance and Surety Bonds 500 64-6400-7400 SunTran - Equipment 532,500

To budget for the new bus route to Washington City. The Federal Transit Authority (FTA) will partially fund the cost of operations at 50% and equipment at 80%. The local match for the new route and funding for future repair and replacement of equipment will be funded in full by a reimbursement from Washington City. This budget opening represents 6-months of operating costs plus up front equipment costs for the new route (one bus and one paratransit van).

11 57-34431 Refuse Collection Utility - Refuse Collection Fees 52,000 57-5700-2410 Refuse Collection Utility - Credit Card Discounts 400 57-5700-5600 Refuse Collection Utility - Bad Debt Expense 300 57-5700-6303 Refuse Collection Utility - Payments to Solid Waste District 51,300

The Washington County Solid Waste District approved for a Residential Garbage rate increase. The rate increase will be 25 cents, which took effect January 1, 2020 and will take the City's current rate for residential garbage from $11.85 per month to $12.10 per month. The 25 cents is a pass-through rate increase assessed by the Solid Waste District to the City and no additional administrative overhead costs have been added by the City to the rate for billing and collection.

12 50-5000-7400 Drug Seizure Fund - Equipment 19,641 50-5000-3100 Drug Seizure Fund - Professional & Tech. Services 483 50-38800 Drug Seizure Fund - Appropriated Fund Balance 20,124

To increase the Drug Task Force's - Drug Seizure Fund budget to upgrade and also add equipment to the surveillance system for $15,189; body cam subscription for $483; and $4,452 to upfit (lights, radio, etc.) a couple of new vehicles received through our lease-vehicle program for the Drug Task Force. The Drug Task Force is funded by Federal Grants, State Grants, and Drug Seizure Forfeitures. This budget opening is funded by receipts of Drug Seizure Forfeiture funds received in prior years and maintained in a separate accounting fund and account with the Public Treasurer's Investment Fund (PTIF) which is reserved for these types of purchases.

Page 2 DRAFT Agenda Item Number :04 Request For Council Action

Date Submitted 01/08/2020 04:40 PM Proposed City Council 01/16/2020 Date Applicant AVI / Wico / Mical Terry Subject Consider approval of a conditional use permit to allow replacement of the existing AWI tower in the Open Space zone located at 845 East Red Hills Parkway. Background The original tower was placed in the 1950's. Due to age and other factors it needs to be replaced. It serves AWI / Wico and it also serves the city's network systems, water department, the regional airport, and emergency services. Proposed Resolution Approval Cost $N/A Action Taken Requested by Ray Snyder File Attachments pdfcc2019-cup-021wicotower-awi-replacement010820164020.pdf pdfppt2019-cup-021010820164205.pdf Approved by Legal Yes Department? Approved by City Admin Yes Services? Approved in Budget? N/A Amount: CUP-Tower Replacement

PLANNING COMMISSION AGENDA REPORT: 01/14/2020 CITY COUNCIL MEETING: 01/16/2020

CONDITIONAL USE PERMIT Case No. 2019-CUP-021

Note: This case will be presented to the Planning Commission only 2 days before the council meeting. This report does not contain the final recommendation from the PC, but staff will report on their recommendation to council.

Request: Consider replacement of the existing AWI tower.

Applicant: Wico Site Management LLC

Representative: Mical Terry, Manager

Zoning: OS (Open Space)

Location: 845 E Red Hills Parkway

APN: SG-1734-A-1-B-2

Height: The existing tower is 80 ft. and the replacement would also be 80 ft.

Narrative: A letter / narrative by the applicant is attached to this report

Background: The existing tower was originally placed at this site back in the 1950’s. At that time it was constructed from a leftover piece of a crane boom. It was established to aid in bringing television to Washington County. For the last 70 years the tower has served an important service to the community, but has started to fail due to age and other factors. The tower still provides the availability of television, and it’s also integral to the communications between the City’s network systems and the Regional Airport, as well as many water department sites scattered around the region.

Proposed: It’s proposed to replace the old tower with a new 80 ft. Trylon lattice tower (see attached details).

Ordinance(s): The sections of the zoning ordinance which apply to this request are found in Sections 10-11 (Open Space), 10-17 (Conditional Uses and Permitted with Standards), and 10-18 (Walls, Fences, and Hedges)

CC 2019-CUP-021 AWI tower replacement Page 2 of 4

Setbacks: The minimum setbacks for the OS zone are 25 ft. in the front, and 10 ft. on the sides and rear. The front setback will comply with the requirements per the conceptual site plan provided. The east side and rear also appear to meet requirements. The west side is less than 10 ft., but staff recommends it either complies, or a condition be placed on the CUP that the property shall be merged with the adjacent City property (once the purchase is completed) and then the side setback will become a non-issue.

Staff Comments: Staff recommends approval to City Council with the following comments and conditions (see below)

1. Tower Height - The maximum lattice tower height approved is 80 ft. The tower shall meet setback requirements. 2. Tower Color – (Determine if it shall be painted or be a metal finish) 3. Equipment Shelter - An equipment shelter is approved for this site and it shall meet setbacks. 4. Enclosure – a six foot high block wall (CMU) for equipment screening and safety shall be installed around the base of the tower and the equipment enclosure. 5. Ordinance - This project shall comply with Section 10-17A-6 “Communication transmission facilities, including wireless, primary, specific standards.” 6. SPR - A SPR (Site Plan Review) application with accompanying civil engineering plans shall be submitted to the city for review and approval. 7. Building Permit – A building permit shall be processed with the building department. 8. Setbacks – The project shall comply with the setback requirements or the property shall be legally merged to the satisfaction of the City Attorney’s Office (once property purchasing is completed). CC 2019-CUP-021 AWI tower replacement Page 3 of 4

Narrative

CC 2019-CUP-021 AWI tower replacement Page 4 of 4

Zoning Map

OS

General Plan

PF

COM

2019‐CUP‐021 AWI Tower Replacement

The City of St George owns the land shown here Wico Site Management LLC owns the land shown here, but the City is currently in the process of purchasing it

Tower

DRAFT Agenda Item Number :05 Request For Council Action

Date Submitted 01/08/2020 02:26 PM Proposed City Council 01/16/2020 Date Applicant Commerce Point, LC Subject Consider approval of a conditional use permit to develop a 2.5 story building at approximately 1300 South Hilton Drive in the Commerce Point commercial subdivision. Background The Commerce Point subdivision was recorded March 23, 2018. As the overall project will have an aggregate ground floor area greater than 20,000 square feet, a conditional use permit is required. Proposed Resolution Approval Cost $ Action Taken Requested by John Willis File Attachments 2020-cup-001010820142602.pdf cc2020-cup-001commercepointebldg100010820142602.pdf Approved by Legal NA Department? Approved by City Admin NA Services? Approved in Budget? N/A Amount:

Community Development CUP Bldgs ≥ 20,000 sq. ft.

PLANNING COMMISSION AGENDA REPORT: 01/14/2020 CITY COUNCIL AGENDA REPORT: 01/16/2020

CONDITIONAL USE PERMIT Commerce Point Bldg 100 Case # 2020-CUP-001

Request: Consider a Conditional Use Permit (CUP) to develop Building 100, a 2.5 story building, on Lot 5, Pad 7 in the Commerce Point Phase 1 commercial subdivision.

Location: The subject property is located at approximately 1300 South Hilton Drive. It is part of the overall Commerce Point (Phase 1, Lot 5, Building 100) subdivision located at the intersection of Bluff Street and Black Ridge Drive.

Owner/Applicant: Commerce Point, LC

Representative: Austin Atkin

Zoning: C-2 (Highway Commercial)

General Plan: COM (Commercial)

Review criteria (10-17B-3): In reviewing an application for a conditional use permit, the land use authority shall consider whether the application:

Item to Review: Staff Comments Identifies the maximum intensity of -- the proposed development and use; Complies with all provisions of the -- code; Compared to permitted development and uses within the zone, substantially mitigates the adverse impacts that are reasonably anticipated from the magnitude and intensity of the development and use, as proposed, considering: The size and location of the site; Overall project comprises approximately 16 acres. Traffic generation, timing and nature Traffic study not required at this time. of traffic impacts and the existing condition and capacity of the streets in the area; Utility demand and available Project must comply with ordinance; items will be further capacity, including storm water reviewed during the SPR process. retention; 2020-CUP-001 Commerce Point Bldg 100 Page 2 of 5

Emergency vehicle access and -- anticipated average and peak day demand; Location and amount of off-street Bldg Use Ratio Sq. Ft Required Stalls parking; 300 Restaurant 1:100 6,570 66 300 Retail 1:250 5,527 22 100 Retail 1:250 23,145 93 Total Required: 181 Total Provided: 201 All parking must comply with ordinance and will be further reviewed during the SPR process.

Internal vehicular and pedestrian Project must comply with ordinance; items will be further circulation system, including reviewed during the SPR process. delivery vehicles, loading and unloading; Fencing, screening, and landscaping Project must comply with ordinance; items will be further to separate the conditional use from reviewed during the SPR process. adjoining property and uses; Building mass, bulk, design and See conceptual site plan and elevations. orientation, and the location of buildings on the site including orientation to buildings on adjoining lots or parcels; Usable open space; Project must comply with ordinance; items will be further reviewed during the SPR process. Signs and lighting; Must comply with code and will further be reviewed during the sign permit application process. Physical design and compatibility -- with surrounding structures in terms of mass, scale, style, design, and architectural detailing; Noise, vibration, odors, steam, or -- other factors that might adversely affect people and property on-site and off-site; Control of delivery and service Project must comply with ordinance; items will be further vehicles, loading and unloading reviewed during the SPR process. zones; Generation and screening of trash, Project must comply with ordinance; items will be further and automated garbage collection reviewed during the SPR process. (dumpsters); Recycling program and pickup Project must comply with ordinance; items will be further areas; reviewed during the SPR process. The potential adverse impacts -- arising from the conduct of patrons, 2020-CUP-001 Commerce Point Bldg 100 Page 3 of 5

guest, employees, occupants, or their affiliates; Within and adjoining the site, the Project must comply with ordinance; items will be further impacts of the use on public reviewed during the SPR process. property and environmentally sensitive lands; Hours of operation, delivery and -- use; Special hazards arising from the use, -- or from its reasonably anticipated secondary effects, including its potential to attract criminal behavior; and Demand for public infrastructure or Project must comply with ordinance; items will be further services. reviewed during the SPR process.

Conditional use permit standards (10-17B-4): Upon review and consideration of the criteria identified in section 10-17B-1 and 10-17B-3, compared to the impacts of allowed uses in the zone, the proposal shall: A. Be compatible in use, scale and design with allowed uses in the zone; and B. Not compromise the health, safety, or welfare of: a. Persons employed within or using the proposed development; b. Those residing or working in the vicinity of the proposed use or development; c. Property or improvements in the vicinity of the proposed use or development; or d. Not imposed disproportionate burdens on the citizens of the city. C. The land use authority shall issue a conditional use permit, if the applicant has proposed, or if the land use authority can propose, conditions of approval to substantially mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the standards and criteria herein. The conditional use permit shall describe the scope of the permit, and the conditions of approval.

2020-CUP-001 Commerce Point Bldg 100 Page 4 of 5

Requirements for Specific Conditional Use Permits (10-17B-9B): Buildings with ground floor area of twenty thousand (20,000) square feet or greater must meet the following additional standards. Buildings with a ground floor (footprint) area of twenty thousand (20,000) square feet or more, or a site with an aggregate ground floor (footprint) square footage of twenty thousand (20,000) square feet or more, shall meet the following additional standards:

Additional Standards Staff Comments Vehicle access and parking lots properly Will be further reviewed during SPR. designed for safety, efficiency and beauty. Parking lots should be landscaped with shade trees throughout the lot to avoid major heat islands, and to break up large asphalt areas. Enhanced landscaping of the project site that Will be further reviewed during SPR. promotes common community appearance. Building façade articulation shall include a variation in base, middle, and top of a building created by variations in color and materials. Articulated tops should consist of pitch dormers, gable ends, cornice detailing, or similar details. The base of a building shall include elements that relate to human scale such as doors, windows, texture, projections, awnings and canopies, ornament, etc. Buildings shall provide visual interest through articulation of the façade through:

Combinations of significant stepping back or -- extending a portion of the façade (pop-outs); Vertical divisions using different textures and -- materials; Divisions into storefronts, with separate display -- windows and entrances, variation in rooflines by alternating dormers, stepped roofs, gables, or other roof elements; and Arcades, awnings, window bays, arched -- windows, and balconies at intervals. Building colors are limited to natural, muted -- tones that emulate the local geologic formations common to the area and blend with the predominant colors of the natural surroundings. Bright, white or contrasting colors shall be limited to trim. A site plan along with colored building -- elevations of all sides of the building and a three (3) dimensional rendering shall demonstrate that the application complies with each of these criteria. 2020-CUP-001 Commerce Point Bldg 100 Page 5 of 5

Upon staff evaluation and recommendation, the -- city council shall review the design plans, upon recommendation from the planning commission, to determine whether the proposed development will be compatible with the character of adjacent and surrounding developments, and whether aesthetically the development is harmonious with the character of the neighborhood in terms of style, materials and colors.

Staff Recommendation: Staff recommends approval with adoption of comments made in the staff report and a finding by the Planning Commission that the standards outlined in 10-17B-4 have been met.

Commerce Point Bldg 100

2020-CUP-001 Vicinity

X Zoning

X Bldg. 100

Landscape Plan Elevations (Front – View from Bluff) Elevations (Rear – View from Hilton) Elevations (Views from Blackridge and Hilton) Materials Board