February 2 2012 City Council Minutes ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING FEBRUARY 2, 2012, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Gail Bunker Councilmember Ben Nickle Councilmember Jimmie Hughes Councilmember Jon Pike Councilmember Gil Almquist City Manager Gary Esplin City Attorney Shawn Guzman City Recorder Gay Cragun OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. He then led the pledge of allegiance to the flag. The invocation was offered by Jon Pike. Mayor McArthur advised that anyone desiring to give the invocation at a City Council meeting should contact the City Recorder. Mayor McArthur advised that last Tuesday a City-wide CAT team meeting was held at the Dixie Center on identity theft. The information presented at that meeting is available on the City’s website. TABLE ITEM: City Manager Gary Esplin advised that Item 6D to consider approval of a City alcohol license and local consent for a temporary beer permit for the Thunder Over Utah event to be held March 17-18, 2012 has been tabled from the agenda at the request of the applicant. Mayor McArthur invited several Scouts in the audience to introduce themselves. Steve Bingham explained that the Canyons Complex again won the 2011 Complex of the Year award from the Senior Softball Association. Members of the crew were then introduced. Councilmember Almquist advised that the City received a grant for tree planting. CONSENT CALENDAR: Consider approval of the financial report for December, 2011. City Manager Gary Esplin advised that sales tax revenues were higher than projected so far this year, and property tax revenue was favorable as well. MOTION: A motion was made by Councilmember Bunker to approve the financial statement. SECOND The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a 2012 International 7500 4X2. Purchasing Manager Connie Hood explained this purchase is off the State contract with Rush Truck in the amount of $87,373. Rush is the State contract holder. Energy Services Director Phil Solomon explained that the City’s current digger derrick is aged and it cannot be warranted as to safety so it is time to trade it in. MOTION: A motion was made by Councilmember Pike to approve the purchase as recommended. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye St. George City Council Minutes February 2, 2012 Page Two Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a digger derrick for installation on the International 7500 unit. City Manager Gary Esplin explained this purchase was approved in the current fiscal budget. Purchasing Manager Connie Hood explained the digger derrick will be installed on the 2012 International 7500 4X2 truck which was just approved. Staff did a complete evaluation of all bids including warranties, trade-ins, and net cost, and recommends award of the bid to Terex in the amount of $160,559. Delivery time will be four months which will meet the 2012 fiscal year budget. Trade-in value is $52,000 with a two year warranty. MOTION: A motion was made by Councilmember Nickle to award the bid as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a 2012 chassis/cab for the irrigation sewer combo machine Purchasing Manager Connie Hood recommended award of the bid to Rush Truck off the State contract in the amount of $112,631. Water Services Director Barry Barnum explained the Irrigation Division has found the sewer combo machine to be very valuable and it can be used for many purposes. MOTION: A motion was made by Councilmember Bunker to award the bid as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a sewer combo machine for the Irrigation Department. Purchasing Manager Connie Hood explained that the low bid is not necessarily the best bid, as bids are evaluated based on points and warranties and trade-in value. She recommended award of the bid to Merrick Sales in the amount of $256,094. The trade-in value is $187,000, resulting in a net difference of $69,094. MOTION: A motion was made by Councilmember Nickle to award the bid as recommended. SECOND The motion was seconded by Councilmember Pike, subject to legal review. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes February 2, 2012 Page Three Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AGREEMENT: Consider approval of a professional services agreement for the preparation and implementation of a proposed corrective action plan for the remediation of the waste water underground tank. Purchasing Manager Connie Hood recommended approval of the agreement with JBR in the amount of $56,762.09. City Manager Gary Esplin explained that this is the second phase of the project. The actual remediation work will be bid out soon. This agreement is for monitoring, design and reporting. MOTION: A motion was made by Councilmember Bunker to approve the agreement. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for building exterior and site improvements for restoration of the Pioneer Courthouse. Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Precision Development, in the amount of $222,900. Kim Campbell, project architect, advised that almost 350 brick faces have to be replaced and rods placed in joints where there are vertical cracks. This will add an additional $57,000 to the project. Abatement of lead base paint will add another $34,000. Phase 2 will include attaching the floor and roof to exterior walls for an additional $6,700. A weathervane has been found similar to the original weathervane on the building, and copper shingles will be placed on the dome. With the addition of all these extras, the project is coming in at a price more than originally figured. City Manager Gary Esplin advised that the biggest priority is stabilization of the building so that it is made safe and can then be used. The second phase of the project will be the interior, and additional funding sources may have to be found. Mr. Campbell recommended that a drainage system be put in around the foundation. The foundation was built of sandstone and water has been leaching into the basement. New sandstone will also be placed where the old sandstone has eroded. MOTION: A motion was made by Councilmember Hughes to award the bid as recommended. SECOND The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AGREEMENT: Consider approval of an agreement with H. W. Lochner for an intersection capacity study at I-15 MP8, 1000 East and River Road. St. George City Council Minutes February 2, 2012 Page Four Purchasing Manager Connie Hood recommended approval of the agreement with H. W. Lochner in the amount of $102,700. Cameron Cutler explained the study will include the pedestrian walkway across I-15 from 1000 East to River Road. This study is to come up with alternatives to solve the traffic congestion at MP 8 and 1000 East and River Road, and for preliminary lay-outs for the two intersections. The total cost of the agreement is $102,700. The MPO will reimburse the City for $57,900 with the rest of the funding coming from the TIFF fund. The City did not get bids for this project as Lochner has done preliminary work and other traffic models in this area. Councilmember Almquist commented he would like to see the breakdown as it seems like too much money. Mr. Cutler replied he has the breakdown and it is in line with past projects. City Manager Gary Esplin commented this is a federal program and the City has to follow their rules and do what they require in order to get the funding. MOTION A motion was made by Councilmember Pike to approve the agreement. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. AWARD OF CONTRACT:: Consider award of a contract to Progressive Contracting for the Erosion Repair Project Phase IV. Jay Sandberg explained the City Council previously awarded this bid on January 5, however, the contractor was non-responsive and did not supply the necessary bonds. Staff gave them additional time but to no avail. He recommended award of the bid to the second low bidder, Progressive Contracting. There was one item in their bid which was significantly higher than the others for landscaping, and they have lowered their bid to the engineer’s estimate. The total amount of the bid award is $638,750. FEMA will pay 75% of this total minus the landscaping which the City will pay for. The City’s portion of the bid award is $165,804. MOTION: A motion was made by Councilmember Bunker to award the contract as recommended. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. SET PUBLIC HEARING: City Planner Ray Snyder advised that the Planning Commission, at its meeting held January 24, 2012, recommended that a public hearing before the City Council be scheduled for February 16, 2012 to consider a zone change request for Meadow Valley Farms from R-1-10 to RE-20 on 64.305 acres located at approximately 4050 South and Little Valley Road, south of the Rancho Verde Estates Subdivision. MOTION: A motion was made by Councilmember Almquist to set the public hearing as recommended. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye St. George City Council Minutes February 2, 2012 Page Five Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. FINAL PLAT: Todd Jacobsen advised that the Planning Commission, at its meeting held January 24, 2012, recommended approval of the final plat with a reduced setback for Ence Executive Towers, a two lot commercial subdivision, located at the southeast corner of 600 South Street and Bluff Street. He explained there are two buildings on the site. The zone is C-2. A waiver is needed of the 20' streetside setback and also the 10' side and rear setback requirements. The Fire Department has approved the plan. The site will become a PD-type area with the parking and landscaped areas as common area. The applicant is requesting this change in order to get financing. MOTION: A motion was made by Councilmember Hughes to approve the final plat and authorize the Mayor to sign it. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PARKING REQUEST: City Planner Ray Snyder explained this item is on the agenda to determine whether adequate parking exists at 155 W. St. George Blvd. to permit a private practice eye doctor and eye glass laboratory in the former Downtown Furniture building. He then presented a zoning map, an aerial map and site photos. He advised that site parking is substandard and non-conforming. He presented the proposed front elevation and floor plan. An office would require 60 spaces, however, what is proposed is 3,500 sq. ft. of office space and 1500 sq. ft. for a lab. The remaining 10,000 sq. ft. area will be used for storage of humanitarian aid materials. A 20' x 100' ingress and egress easement was recorded in 1984 in the driveway area. There are eight parking spaces on the property, and another eight spaces for an adjacent building. It was the consensus of the Planning Commission that access concerns have been met and that the parking is sufficient for an eye center. However, the Planning Commission recommended that use of the building be limited to the eye doctor and lab and that the remaining 10,000 sq. ft. not be subleased. City Attorney suggested that the following findings of the Planning Commission be included in the minutes, except for #3, which should be excluded: (1) Due to the uniqueness of the building, the location, and the circumstances of the proposed business, the existing available sixteen (16) parking spaces located on the properties at 155 W. St. George Blvd. and 165 W. St. George Blvd. are determined to be sufficient and reasonable per that portion of the Zoning Ordinance, Section 10-19-5 which reads: “Notwithstanding all provisions of this section, the planning commission shall take into account in each instance of nonresidential parking the type of development, use, location, adjoining uses and possible future uses in setting parking requirements, and it shall recommend to the city council a requirement of that number of spaces that it deems reasonably necessary in each instance for all employees, business vehicles and equipment, customers, clients and patients of such nonresidential property.” (2) These spaces are approved for use on the condition that the property owners provide and record at the County Recorder’s Office a reciprocal easement agreement (a cross access and shared parking agreement) for the affected properties of 155 West St. George Blvd. and 165 West St. George Blvd. (3) The property owners will encourage employees to park off site whenever possible in the public parking spaces available on 200 West Street. (4) The use of 155 West St. George Blvd. will be limited to only that of an eye doctor office and eye glass laboratory using approximately 3,500 sq. ft. for office space and 1,500 sq. ft. for the laboratory, and the remaining approximately 10,000 sq. ft. will be for storage. St. George City Council Minutes February 2, 2012 Page Six (5) The remaining approximately 10,000 sq. ft. shall not be subleased to any other business. (6) If at any future date any demolition, acquisition, or additional parking is proposed that the applicant(s) shall return first to the Planning Commission for site review and then to the City Council for approval. MOTION: A motion was made by Councilmember Pike to approve the parking request subject to the conditions of the Planning Commission, excluding recommendation #3. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. APPOINTMENTS: Appointments to boards and commissions of the City. Mayor McArthur recommended that Jenny McDowell and Clyde Johnston be appointed to the Art Museum Board. MOTION: A motion was made by Councilmember Bunker to appoint Jenny McDowell and Clyde Johnston to the Art Museum Board. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the January 12, 2012 City Council meeting. MOTION: A motion was made by Councilmember Nickle to approve the minutes as amended. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the January 19, 2012 City Council meeting. MOTION: A motion was made by Councilmember Bunker to approve the minutes as presented. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. St. George City Council Minutes February 2, 2012 Page Seven ADJOURN TO CLOSED SESSION: MOTION: A motion was made by Councilmember Almquist to adjourn to a closed session to discuss potential litigation and a property sale and purchase. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. RECONVENE: MOTION: A motion was made by Councilmember Almquist to reconvene. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. MISCELLANEOUS DISCUSSIONS: City Manager Gary Esplin explained that when the City was ready to close on the old airport property with Anderson Development, it was found that a 40 acre parcel in the middle was still owned by the federal government. This past week the City received notice there is a bill before Congress that says that with regard to any entity that is constructing a new airport, the Secretary of Transportation has the right to transfer property to that entity under a provision that it has to be at fair market value and used for a new airport. When the City built the new airport, it kept track of all its costs and has a thorough paper trail. The 40 acres is appraised at $2.3 million. The City can show that it has spent more than that and would simply be reimbursing itself with the sale of the land, and then it would own the 40 acres. With regard to the project on Riverside Drive to 3050 East, a problem has been found in the major outfall line. The integrity of the concrete sewer pipe in this outfall line is questionable and he recommended that while tearing up the road at 3050 East, the line be replaced. This is a regional sewer line and can be paid for out of the reserves at the sewer plant since it serves more than one community. Mayor McArthur advised he has received complaints about the odor at the landfill caused by the sludge used to make compost. He has asked Barry Barnum to look into other options for the sludge. City Manager Gary Esplin explained that when the water treatment plant was built, the City issued $34,000,000 in water revenue bonds. The Washington County Water Conservancy District pays 83% of the bond payment. There is a good opportunity now to refinance those bonds. He recommended that the 2003 and 2004 bonds be refunded and combined, doing a new issue without extending the date, and let the WCWCD do their own bond issue for their portion. City Manager Gary Esplin advised that discussion is needed on the City’s policy with regard to requiring planting of trees in planter strips throughout the City, species of trees required, maintenance of these trees, etc., and liability for damage caused by the trees. Councilmember Pike inquired if the City Council would support a feasibility study for a performing arts center, eventually hiring someone, and the formation of some focus groups. City Manager Gary Esplin suggested that instead of a feasibility study, that the City get proposals from someone who has done this to see if it is feasible. A brief discussion was held on a landlord ordinance and a noise ordinance, and how the two were totally misconstrued in a recent newspaper article. St. George City Council Minutes February 2, 2012 Page Eight ADJOURN: MOTION: A motion to adjourn was made by Councilmember Almquist. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. ________________________________ Gay Cragun, City Recorder