City Council Minutes

Thursday, March 7,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 7, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Sharon Isom
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The flag salute was led by Scout Tyson Jordan, and the invocation was offered by Reverend Mary Allen of Grace Episcopal Church.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts from Troop 415 to introduce themselves.

RECOGNITIONS:
Mayor McArthur recognized Gerard Habibian, 3A State Wrestling Champion from Dixie High School and his coach, Brian Pace.

Mayor McArthur recognized Cory Klotz and Matt Casperson, 3A State Wrestling Champions from Pine View High School, and their coach, Vance Casperson.

Mayor McArthur recognized members of the Snow Canyon High School Boys Basketball Team, 3A state Champions, and their coach James Brown.

Mayor McArthur recognized members of the Snow Canyon Eschelles Drill Team, 3A State Champions in dance, military and novelty competitions, and their coach, Danielle Johnson.

TABLED ITEMS:
City Manager Gary Esplin announced that the West City Springs bid and request for a special event permit and fee waiver for "A Night At The Park" would be tabled from the agenda.

DECLARE EMERGENCY ACTION ITEM:
Mayor McArthur declared that emergency action was needed to authorize the City, along with Dixie College, to submit an application to host the National Junior College Women's Softball Tournament. The City is one of five vying for consideration and it must submit its application immediately in order to be considered.

City Manager Gary Esplin explained that the City has agreed with the College to jointly sponsor the tournament for three years. The City's exposure will be $3,000, but it will be able to keep gate receipts, and if successful there will be no out-of-pocket expenses.

Bill Given advised the tournament amounts to a $365,000 positive economic impact on the community.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to authorize the Mayor to sign the application to host the tournament. Mayor McArthur called for a vote, a follows:

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


St. George City Council Minutes
March 7, 2002
Page Two

The vote was unanimous and the motion carried.

Mayor McArthur informed those present that any decision of the City Council would have to be unanimous in order for the motion to pass, as there were only three Council Members present.

Council Member Gardner advised that any applicant could withdraw his or her request from the agenda if desired.

AWARD OF BID:
Consider award of bid for the purchase of a dump truck for the Water Dept.

Purchasing Agent Sue Swensen recommended purchase of the dump truck using the State contract with Lake City International Truck in the amount of $73,865.

Council Member Gardner expressed concern about the City purchasing equipment if the purchase encroached into the private sector. He made a motion to approve the purchase. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

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 bid for the purchase of a sewer cleaning machine for the Wastewater Collection Dept.
Purchasing Agent Sue Swensen presented three bids received:

Maric Sales $211,568.05
A. G. Truck Equip. $216,658
H&K Equip. $196,885

She recommended award of the bid to Maric Sales with a guaranteed five year 50% buy-back on the equipment.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award the bid to Maric Sales in the amount of $211,568.05. Mayor McArthur called for a vote, as follows:

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 bid for the West City Springs water project.

This item was tabled.

VACATING ORDINANCE:
Consider approval of an ordinance vacating a portion of a plat, Lot 3 of the Pine View Commercial Center Subdivision.

City Manager Gary Esplin explained this item was essentially a housekeeping item, and the original plat would have to be amended in order to facilitate construction of townhomes on Lot 3. The Planning Commission recommended approval.



St. George City Council Minutes
March 7, 2002
Page Three

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

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 26, 2002, recommended that public hearings be scheduled for April 4, 2002 at 5:00 p.m. to consider (a) a zone change from R-1-10 on 3.5+ acres located on the north side of Sunset Blvd. on the east side of the Sand Hollow Wash on approximately 2200 West; and (b) a zone change from R-2 to PD Residential for an apartment complex located between Mall Drive, Riverside Drive, and 1990 East Street.

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

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

The vote was unanimous and the motion carried.

APPROVE PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 26, 2002 recommended approval of the preliminary plat for West Terrace Subdivision located east of the Silver Creek development on 540 North Street. Ed and Lori Burgess, applicants.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows;

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

The vote was unanimous and the motion carried.

AGREEMENT WITH QUALITY EXCAVATION FOR IMPROVEMENTS:
Consider approval of an agreement between the City and Quality Excavation for participation in improvements for the street adjacent to Sunset Park and Elementary School.

City Manager Gary Esplin explained the City's share is $40,000 and is included in the Streets budget.

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

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

The vote was unanimous and the motion carried.



St. George City Council Minutes
March 7, 2002
Page Four

APPROVE PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 26, 2002, recommended approval of the preliminary plat for Huntington at Stonebridge located north of Stonebridge Drive subject to having a hazard note on the final plat to address dwellings adjacent to the golf course. Rick Rosenberg is the agent.

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

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

The vote was unanimous and the motion carried.

APPROVE PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 26, 2002, recommended approval of the preliminary plat for 3D Commercial Subdivision located north of the Flying J Station on the northeast corner of Brigham Road and the I-15 freeway subject to (1) the potion of property which is R-1-40 (Lots 5,6,7) have a zone change take place prior to the final plat and (2) each lot requires a site plan and elevation approval by the Planning Commission and City Council. Lots 7-10 will also be required by the hillside development permit to have a 25 foot minimum setback from the base of the rock ledge. Doug Hunt is the applicant.

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

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

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 26, 2002, recommended approval of the final plat for The Knolls at Little Valley located east of River Road on 2800 South. Ed and Lori Burgess, applicants.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott 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 Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

APPROVE FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 26, 2002, recommended approval of the final plat for Hawk Hollow Townhomes Phase 1 located on the vacated Lot #3 of Pine View Commercial Center Subdivision. Paul Ceislewicz is the agent.

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


St. George City Council Minutes
March 7, 2002
Page Five

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

The vote was unanimous and the motion carried.

REQUEST FOR TEMPORARY USE:
Consider a request for temporary use for property on Hilton Drive adjacent to St. George Ford for Lilywhite Plant World.

Associate Planner Mark Bradley advised that the applicant would like to use the area on the corner of Hilton Drive for a few months while their new store is being built. The project has been held up because of the new sewer outfall line, but they plan to be in their new facility by June or July. The temporary site will have a trailer office and cashier set-up and storage area with chain link fence. The applicant would also like to put in roadbase for the proposed parking area. Access will be off 1700 South. The Planning Commission recommended approval until the end of August subject to access off 1700 South, 300 feet back from the intersection at Hilton Drive and to replace the old curb cut along Hilton Drive with new curbing. Roy Lilywhite is the applicant.

A motion was made by Council Member Allen to approve the request subject to the recommendations of the Planning Commission.

Mr. Lilywhite advised he would keep the parking lot area wet to reduce dust.

The motion was seconded by Council Member Gardner. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

REQUEST FOR SIGN VARIANCE:
Consider a request for approval of a sign variance for the Rosenbruch Wild Life Museum.

City Manager Gary Esplin explained that staff recommends approval of the request to add a big horn sheep to the top of the sign, but the Sign Review Board recommends denial.

Community Development Director Bob Nicholson explained that the variance is for size, as the Sign Ordinance limits the size of a sign to 300 sq. ft. Placement of the sheep silhouette on top of the sign will add an additional 60 sq. ft.

Mr. Norenburg commented he understood the sheep would be painted natural colors similar to the real animal, and would not be a black silhouette.

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

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

The vote was unanimous and the motion carried.

RECOMMENDATION FROM AFFORDABLE HOUSING COMMITTEE:
Consider a recommendation from the Affordable Housing Committee for 2002.


St. George City Council Minutes
March 7, 2002
Page Six

Community Development Director Bob Nicholson advised that every year under the City's affordable housing program, the City Council considers deferrals of up to 60 impact fees annually. The Affordable Housing Committee met one month ago to consider the applications received, and recommends a two-pronged approach. They recommend that the Pine View Horizons affordable housing project receive 40 deferrals for rentals, with 20 deferrals set aside for distribution by the St. George Housing Authority on a first come first served basis for purchase of homes.

A motion to accept the recommendation of the Affordable Housing Committee was made by Council Member Gardner and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for approval of a special event permit and fee waiver for the Worthen Park gazebo for "A Night at the Park" sponsored by the Southwest Center, Washington County School District, and the City of St. George Police Department.

This item was tabled.

SPECIAL EVENT PERMIT:
Consider a request for approval of a special event permit and fee waiver for use of the Confluence Park for a Walk-A-Thon for the American Diabetes Association.

City Manager Gary Esplin explained that staff recommends approval as long as use of the park and trail is not exclusive to the event.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the special event permit with the stipulation that use of the park and trail not be exclusive to the event. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SELF-ASSESSMENT REPORT:
Consider approval of a self-assessment report for the Wastewater Division.

City Manager Gary Esplin explained that the State Division of Water Quality requires an annual self-assessment of the Wastewater Division. This assessment allows the State to determine whether the operation is receiving the resources needed to operate properly.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the self-assessment report. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

St. George City Council Minutes
March 7, 2002
Page Seven

AGREEMENT WITH CLARA FIELD IRRIGATION COMPANY:
Consider approval of an agreement between the City and the Clara Field Irrigation Company.
This item was tabled.

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services contract with French & Associates for (a) Slick Rock Park, (b) Springs Park, (c) Forest Park, and (d) Confluence Node.

City Manager Gary Esplin explained that French & Associated has completed several City projects, including the Canyons Complex, and has done a good job.

Parks Superintendent Lynne Scott explained that staff prefers to use a landscape architect over an engineer, and French & Associates has experience with related facilities and the ability to do the project.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the professional services contracts.

City Manager Gary Esplin clarified that the contracts include civil and electrical engineering.

Ms. Scott explained that their fee will cover additional costs of things which can't be handled in-house, the architect fee, and electrical design. She advised that local resources would be used to carry out other parts of the contract.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONTRACT FOR POT HOLING:
Consider approval of a contract with SITLA to facilitate geotechnical pot holing on their property at the new airport replacement site.

City Manager Gary Esplin explained that the proposed agreement will allow potholing for analysis of the soil on SITLA property at the new replacement airport site.

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

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 bid for the annual crack sealing project.

City Manager Gary Esplin advised the City has a window of opportunity to get this project done and it cannot wait two more weeks. The low bid was submitted by Holbrook Asphalt in the amount of $31,850 and staff recommends approval. Other bids submitted are as follows: M&M Asphalt $50,250; Bonneville Asphalt - no bid; Gordon Paving - no bid; Morgan Pavement $32,865; and Superior Asphalt $39,129.99.



St. George City Council Minutes
March 7, 2002
Page Eight

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to Holbrook Asphalt in the amount of $31,850. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing an interlocal agreement with the City of Ivins that provides for securing interim building inspection services from the City of Ivins on specified terms and conditions.

City Manager Gary Esplin recommended approval of an interlocal cooperation agreement with Ivins to allow the City of St. George to utilize some of Ivins' certified building inspectors during the probation period of the City's Chief Building Inspector. The City is receiving complaints that inspections are not being done in a timely manner, and building permits are up this year. The City is proposing to pay Ivins for use of their services on a temporary basis.

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

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

The vote was unanimous and the motion carried.

APPOINTMENTS:
Consider appointments to various boards and commissions of the City.

Mayor McArthur recommended that Council Member Allen and Council Member Whatcott be appointed to the MPO.

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

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

The vote was unanimous and the motion carried.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts from Troop 683 to introduce themselves.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held February 7, 2002.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes of the meeting held February 7, 2002 as presented. Mayor McArthur called for a vote, as follows:

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


St. George City Council Minutes
March 7, 2002
Page Nine

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss litigation and a property purchase was made by Council Member Allen and seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
A discussion took place concerning youth detention facilities and their secondary effects on the community.

A discussion took place concerning traffic problems at the intersection of River Road, Foremaster Drive and 700 South.

A discussion took place about open trenches and a dust problem in the neighborhood of the Robbins Retirement Center.

BLOOMINGTON INTERCHANGE LANDSCAPING:
City Manager Gary Esplin explained that this project was let out for bid but the bid has not been awarded because the low bid came in at $200,000 and only $150,000 has been set aside for the project. The cost to do everything is $266,000, and the City would have to come up with $130,000 to finish it off. The funds can be taken from the Capital Project Fund if the Council chooses to do the entire project now, or the plant mix and scale can be reduced to reduce the project total.

It was the consensus of the City Council to have the matter scheduled as an agenda item at a regular City Council meeting.

RECOMMENDATION FOR WATER AND POWER BOARD MEMBERS:
Mayor McArthur recommended Max Rose and Brad Rich be appointed to fill the two vacancies on the Water and Power Board. He advised that Chairman Ross Hurst suggested Tad Derrick be appointed.

Council Member Gardner suggested Scott Gubler and Jeff Reber.

DISCUSSION RE WASTEWATER TREATMENT FACILITY:
City Manager Gary Esplin explained that Dixie REA quoted the City a cost of 2.5 cents, plus an $8.00 per month kilowatt charge, and impact fee of $120,000 to serve the City's wastewater treatment facility. The savings to the City would amount to $400,000. He stated this might, however, be seen as a conflict.

City Attorney Jonathan Wright advised the wastewater treatment plant is in Dixie REA's franchise area, and the City of St. George does not serve anything else in that area.

City Manager Gary Esplin stated that Dixie REA would guarantee the rate for five years, and cap it at a cost not to exceed five cents. Even in the worse case scenario, this is less than what the City is paying for power. Staff will continue to review options and alternatives.

COMPLAINT ABOUT DUST:
Council Member Whatcott advised that someone complained about Bryce Christensen creating dust in the Little Valley area which then travels into Bloomington Hills.

Council Member Allen replied that this dust was being created by Western Rock, and not Bryce Christensen.

St. George City Council Minutes
March 7, 2002
Page Ten

Mayor McArthur commented that he would like the City to work on a new site for the RC model airplanes as they will not be able to use the old CAA airport site in another year.

Council Member Whatcott advised there was a lack of seating at the Sand Hollow Aquatic Center and he inquired if portable seating was available. The minutes will be researched.

ADJOURN:
A motion to adjourn was made by Council Member Gardner and seconded by Council Member Allen. The meeting then adjourned.



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Gay Cragun, City Recorder