City Council Minutes

Thursday, January 17,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 17, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Rod Orton
Council Member Larry Gardner
Council Member Bob Whatcott
City Manager Gary Esplin
City Attorney Jonathan Wright
City Recorder Gay Cragun

EXCUSED:
Council Member Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Council Member Rod Orton and the invocation was offered by Mayor McArthur.

UPDATE FROM WASHINGTON COUNTY SHERIFF KIRK SMITH:
Sheriff Smith commented that he was pleased with the working relationship between the Sheriff's Department and the Police Department, and advised that a major crime task force is being created. He advised that St. George City is still dispatching for the Sheriff's Department, which will have to be resolved, as will the issue of housing inmates. Mayor McArthur thanked Sheriff Smith for his assistance during Spring Break.

OPENING OF VIRGIN RIVER SOUTH TRAIL:
Mayor McArthur announced that a dedication ceremony for the new Virgin River South Trail will be held at 4:00 p.m. on Thursday, January 24 on site at the end of St. James Lane.

CITY CLEAN-UP DAY:
Mayor McArthur announced that a City Clean-Up Day will be held February 2. Trash containers will be placed at various locations throughout the City, and he encouraged citizens to participate in the program.

OLYMPIC TORCH RELAY:
Assistant to the City Manager Marc Mortensen stated that the Olympic Torch Relay will be held February 4.

CITY PROJECTS UPDATE:
Assistant to the City Manager Marc Mortensen presented a video update of various City projects.

ITEM TABLED:
City Manager Gary Esplin advised that Item 6A9 to consider approval of a purchase and related agreement and acceptance from JNS Farms was tabled from the agenda. There is also an addendum to the agenda.

CONSENT CALENDAR:
Consider approval of the financial statement for December 2001, for the City of St. George.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the financial statement as presented. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

St. George City Council Minutes
January 17, 2002
Page Two

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of contract for improvements at the Community Arts Center

Purchasing Agent Sue Swensen presented four bids received:

Base Bid Alternate 1 Alternate 2
Bateman Hall $121,076 $12,018 $1,947
Valley Builders $99,700 $9,200 $1,890
Arnell West $79,300 $13,400 $3,100
Wadman Const. $166,900 $30,000 $25,000

She recommended award to the low bidder, Arnell West, in the amount of $79,300 with the addition of Alternates 1 and 2. This work will encompass the east stairway, leisure services office, and basement.

City Manager Gary Esplin advised the City Council that improvements at the Community Arts Center are being phased in during a five year plan, with two more years left in the plan. The next phases will include the elevator and renovation of the top floor.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Arnell West, including Alternates 1 and 2. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of an architectural services contract for the renovation of the county yard building for use by the Water and Power Department.

City Manager Gary Esplin advised the City Council that the City has funds in its budget to build a new building and make changes to the Water and Power yard, according to its master plan. In the meantime the City has purchased property from the County, and proposes to renovate the old County yard building and make other changes in the yard area. The City will take over this property June 1. Until then, the Water and Power Department would like to proceed with drawings in order to go to bid and begin construction as soon after June 1 as possible.

Deputy Water and Power Director Phil Solomon advised that these improvements represent phase one of a two phase project and involves building offices and a staff training area, bathrooms, and lockers. The second phase includes turning the building into an administration building for the Water and Power Department. The second phase also involves the strategic plan which has not yet been reviewed. For now, the Water Department will move into the renovated building.

City Manager Gary Esplin advised the City Council that the cost of architectural services to renovate the existing structure is $34,888.

Mr. Solomon stated that these improvements will not be permanent as the walls can be torn down and the building used for something else in the future.


St. George City Council Minutes
January 17, 2002
Page Three

A motion was made by Council Member Orton to award the bid to Campbell & Associates Architects in the amount of $34,888. The motion was seconded by Council Member Gardner. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of a contract with Carollo Engineers for the Quail Creek Water Treatment Plant project.

Deputy Water and Power Director Phil Solomon stated that a few years back the City signed a contract for master planning and some engineering needs for the City's water infrastructure and resource development. This contract is still in place, and as the City adds projects, task orders are added to the contract. This task order is for a feasibility plan for expansion of the Quail Creek Water Plant from 20 million gallons to 40 million gallons a day. The reason the cost is so significant is because a pilot treatment plant must be built to provide data to the Safe Drinking Water agency to show that existing filters can be loaded at a faster rate than currently being done. If the City can demonstrate that the prototype operates efficiently and meets all water specifications, new filters will not have to be built and this will save the City anywhere from $200,000 to $1,000,000.

Council Member Orton inquired if the chances were good that the Safe Drinking Water Agency would find that the existing filters were adequate, thus saving that amount of money.

Mr. Solomon replied that the same engineering company was hired by Weber Basin to do a similar type of study, which was accepted by the Safe Drinking Water Agency.

City Manager Gary Esplin explained that under the City's Capital Project Plan, the next project will be the Sand Hollow well field and line. Based upon 6% growth, the City will need to build a new treatment plant. The goal is to make sure that the City can expand the plant, and grant money will help the City in the long run to do this.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve Task Order No. 1-02 with Carollo Engineers in the amount of $79,468. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

CITY RECORDER ORDINANCE:
Consider approval of an ordinance amending sections 1-9-1, St. George City Code, regarding the duties and responsibilities of the City Recorder.

City Manager Gary Esplin explained this was a housekeeping item as a result of the codification process.




St. George City Council Minutes
January 17, 2002
Page Four

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

POLICE DEPARTMENT ORDINANCE:
Consider approval of an amendment to the ordinance governing the organization of the Police Department.

City Manager Gary Esplin explained this was a housekeeping item as a result of the codification process.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

BOARD OF EQUALIZATION RESOLUTION:
Consider approval of a resolution appointing a Board of Equalization, setting dates for the Board of Equalization and authorizing notice of Board of Equalization meetings.

City Manager Gary Esplin explained that the Special Improvement District 2000-1 project is now complete and board of equalization hearings need to be scheduled.

A motion to set the dates for the hearings was made by Council Member Orton.

City Manager suggested the dates be set for the earliest time allowed, ending on a City Council meeting date.

After discussion, it was decided to schedule the hearings for February 12, 13, 14, or as soon thereafter as possible.

The motion previous made by Council Member Orton was seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PAYSON POWER PROJECT RESOLUTION:
Consider approval of a resolution authorizing the execution and delivery of the Payson Power Project Power Sales Contract with Utah Associated Municipal Power Systems and Related Matters.


St. George City Council Minutes
January 17, 2002
Page Five

City Manager Gary Esplin explained that the City Council previously approved the agreement, but it should have been done by resolution.

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Orton - aye
Council Member Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley stated that the Planning Commission, at its meeting held January 8, 2002, recommended a public hearing be scheduled for February 7, 2002 at 5:00 p.m. to consider approval of an amendment to the General Plan Land Use Map to designate the area bounded by Mall Drive/Riverside Drive/1990 East from medium density residential to high density residential. Basic Investment Inc. is the applicant.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley stated that the Planning Commission, at its meeting held January 8, 2002, recommended approval of the final plat for Riverside Heights Plat E with the stipulation that no chain link be used for fencing and the required fence/wall around each lot be a masonry block wall due to the requirements of the R-1-6 zone. The plat consists of nine lots instead of 12 as approved in the preliminary plat due to boundary alignment issues. Jim Stephenson is the applicant.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the plat subject to the recommendations of the Planning Commission, and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley stated that the Planning Commission, at its meeting held January 8, 2002, recommended approval of the second amended final plat for Blackrock Townhomes Phase I at Stonebridge. The purpose for the second amendment involves removal of Building 12, reducing the total number of units within the phase from 36 to 28, revising Building 1, and changing the project boundary and acreage. Magelby/McMullin are the applicants.

St. George City Council Minutes
January 17, 2002
Page Six

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider request for approval of a conditional use permit for a church building in a RE-37.5 residential zone on the corner of Pioneer Drive and Count Fleet Road in the Bloomington Ranches Subdivision. Ray Malinski, agent.

Associate Planner Mark Bradley stated that the Planning Commission, at its meeting held January 8, 2002, recommended approval of the conditional use permit. A conditional use permit was approved for this church at this site on December 19, 1996 subject to a solid fence on the north and west property lines. The permit expired in December 1997. The site plan has been modified since the 1996 approval and the proposed development would take place in phases. The Planning Commission's recommendation for approval is with the stipulation that they may use the existing wall on the north as part of their requirement as long as an agreement is made between the church and the adjacent owner(s) to landscape and maintain the area between the wall and the church property line and build a wall for the remaining area on the north property line where there is no wall. A wall will be built on the west property line. Ray Malinski is the agent.

Mayor McArthur inquired of Mr. Malinski when construction would take place.

Mr. Malinski replied that construction would probably take place in February or March.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission.

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider request for approval of a conditional use permit for an increase in height - to 18 feet - for an accessory building at 3691 S. Santa Anita Drive. Robert Lanthier, applicant.

Associate Planner Mark Bradley stated that the Planning Commission, at its meeting held January 8, 2002, recommended approval of the conditional use permit. The building will have the same stucco and tile roof as the home.

Council Member Allen commented that the City is seeing many similar requests, and inquired if the Council still wanted to review them on an individual basis or amend the ordinance.

Mayor McArthur replied that he personally preferred that the City Council review each one.

St. George City Council Minutes
January 17, 2002
Page Seven

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider request for approval of a conditional use permit to convert a business lot and building into a used car sales lot located at 58 North 700 East just south of the Maverick Convenience Market. Mesquite Leasing Corporation, applicant.

Associate Planner Mark Bradley stated that the Planning Commission, at its meeting held January 8, 2002, recommended approval subject to adherence with the revised plan and providing the adequate caliper-size trees to comply with the Shade Tree Ordinance. The requirements of the parking ordinance have been met, and there is a permanent sales office.

A motion was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider request for approval of a beer license for the new Wal-Mart SuperCenter located at 2610 S. Pioneer Road.

City Manager Gary Esplin stated the distance requirements of the ordinance have been met.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the beer license. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Rod James, store manager, introduced himself and invited the Mayor and City Council to attend the grand opening ceremony on January 23 at 8:00 a.m.

City Manager Gary Esplin commented that of the many developers he has dealt with over the years, no one has been more cooperative than the developer and contractor for the Walmart Superstore.

COOPERATIVE AGREEMENT WITH UDOT:
Consider approval of a cooperative agreement with UDOT for design engineering reimbursement for the Highland Drive Small Urban Project.


St. George City Council Minutes
January 17, 2002
Page Eight

City Manager Gary Esplin stated that this project was separated into two phases in order to complete the project before the census is accepted and the City is no longer eligible for Small Urban funding. The City's commitment is $677 out of the $10,000 project cost. The project consists of widening road shoulders and moving utilities out of the right-of-way to prepare for the next phase.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the agreement. Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

INTERLOCAL AGREEMENT:
Consider authorizing the Mayor to sign an Interlocal Agreement with Washington County regarding use of the St. George Housing Authority for HUD's section 8 program in the County.

City Manager Gary Esplin stated that in order to obtain funding for the County's HUD Section 8 program in the unincorporated areas of the County, they would like to combine with the St. George Housing Authority as they do not have enough staff nor requests to facilitate establishment of their own housing authority. The St. George Housing Authority will receive administrative fees and revenue from administering the Section 8 program. Brenda Butler indicates she and her staff should be able to handle the additional workload.

Mayor McArthur commented that the St. George Housing Authority has received numerous awards and is well managed.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the interlocal agreement. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Harold A. Hintze for eminent domain matters for the new replacement airport.

City Manager Gary Esplin explained the agreement would provide for Mr. Hintze's legal services in eminent domain issues for the new airport, if needed. He is one of the premiere attorneys specializing in eminent domain issues for airports for cities. His services will be provided on an hourly, as needed basis.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye


St. George City Council Minutes
January 17, 2002
Page Nine

The vote was unanimous and the motion carried.

JNS FARMS:
Consider approval of purchase and related agreements and acceptance from JNS Farms.

This item was tabled.

APPOINTMENTS OF STATUTORY OFFICERS:
Appointment of Statutory Officers for the City of St. George.

Mayor McArthur recommended that all statutory officers of the City currently serving be reappointed.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to reappoint all the statutory officers currently serving in their respective positions. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

APPOINTMENT OF DEPARTMENT HEADS:
Appointment of Department Heads for the City of St. George.

Mayor McArthur stated that he interviewed all department heads currently serving, and recommended their reappointment.

A motion was made by Council Member Gardner and seconded by Council Member Orton to reappoint all department heads currently serving in their respective positions. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held December 13, 2001.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes as presented. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

REQUEST TO USE OLD CAA AIRPORT:
Mayor McArthur stated he met today with a group of teens and their leader who would like to hold a drag race among themselves at the City's old CAA airport. They would like the police to be present, and whoever wins the race would like to then race a police car.

St. GeorgeCity Council Minutes
January 17, 2002
Page Ten

City Manager Gary Esplin commented the City would be setting itself up for a tremendous liability problem unless the group provided their own insurance and listed the City as an additional insured.

Mayor McArthur replied that he advised the group they would have to provide insurance.

City Manager Gary Esplin commented that at some point the City Council will have to make a decision when to close down the old CAA airport and restrict all uses. The City is cleaning up messes out there at a cost of thousands of dollars. He advised that the City continues to receive many requests to use the old airport site. He suggested the group make a presentation before the City Council and invite the police to be present.

City Attorney Jonathan Wright advised that the City has been trying to eliminate uses at the old CAA airport, not expand them.

Public Works Director Larry Bulloch advised that he recently denied a request by a rocket launching group for use of the old airport site.

City Manager Gary Esplin advised the City has spent $25,000 so far cleaning up the site.

The meeting then adjourned.



________________________________
Gay Cragun, City Recorder