City Council Minutes

Thursday, October 3,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 3, 2002. 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel D. McArthur
Council Member Rod Orton
Council Member Sharon Isom
Council Member Larry Gardner
Council Member Bob Whatcott
City Manager Gary Esplin
Interim City Attorney Ron Read

EXCUSED:
Council Member Suzanne Allen

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The "Star Spangled Banner" was sung by the Behunin sisters.

Council Member Isom arrived.

The pledge of allegiance was led by Council Member Orton, and the invocation was offered by Gary Esplin.

VIDEO UPDATE:
A video update of the Public Works and Leisure Services departments was presented by Marc Mortensen.

TABLE ITEMS:
Mayor McArthur announced that Item 2D to consider award of bid for the Dixie Drive bridge and road extension project was tabled from the agenda.

City Manager Gary Esplin recommended that Item 6A6 to consider a request for approval to pre-purchase filters for the water reuse project be tabled from the agenda and considered at the next regular City Council meeting.

AWARD OF BID:
Consider award of bid for Hillside Substation items, including circuit breakers and reclosures.

Purchasing Agent Sue Swensen recommended purchase of two 69 kV circuit breakers from the sole source vendor, Equal Electric, in the amount of $31,845.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to purchase two 69 kV circuit breakers from Equal Electric in the amount of $31,845. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

Purchasing Agent Sue Swensen recommended purchase of three reclosures and accessories from the sole source vendor, Royal Electric, in the amount of $53,606.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to purchase three reclosures and accessories in the amount of $53,606 from Royal Utility. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the annual slurry seal project.

Purchasing Agent Sue Swensen presented the following bids:


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October 3, 2002
Page Two

M&M Asphalt $132,149.95
California Pavement Maintenance $89,017.47
American Asphalt & Grading $96,613.78
Intermountain Slurry Seal $77,077
Morgan Pavement $89,591.47

She recommended award to the low bidder, Intermountain Slurry Seal, in the amount of $77,077. She advised that City staff would like to increase the amount of the award to $121,016 in order to slurry additional City parking lots.

City Manager Gary Esplin explained the bids were a per item price.

Council Member Gardner inquired if the other bidders' bids would have been different had they known the quantity of items would be increased.

Purchasing Agent Sue Swensen replied that she did not know.

A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to Intermountain Slurry Seal in the amount of $121,016. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Isom - aye
Council Member Gardner - aye
Council Member Whatcott -aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for purchase of an aerial lift truck for the Streets Department.

Purchasing Agent Sue Swensen presented the following bids:

Mountain States Industrial $118,750
Pacific Utility Equipment $97,859.45
AG Body, Inc. $99,880

She recommended award to the low bidder, Pacific Utility Equipment, in the amount of $97,859.45.

A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to Pacific Utility Equipment in the amount of $97,859.45. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to receive public comment regarding the UAMPS Integrated Resource Plan.

City Manager Gary Esplin explained that as part of the requirement for CRSP power from the Colorado River, this public hearing is required.

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

RESOLUTION:
Consider approval of a resolution authorizing the City to enter into a power sales contract with UAMPS.

City Attorney Ron Read explained that changes to the agreement were discussed at the last City Council meeting and approved at a meeting held by UAMPS. UAMPS requires that the agreement be accepted by resolution.


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October 3, 2002
Page Three

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

Council Member Gardner - aye
Council Member Orton - aye
Council Member Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Water and Power Director Wayne McArthur explained that advantages to the Payson power project include adding a new fuel to the City's resource mix as well as providing 15 megawatts of firm power.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 24, 2002, recommended that a public hearing be held November 7, 2002 at 5:00 p.m. to consider amendment to the Zoning Ordinance, Sec. 6-5, regarding off-street parking requirements to address parking needs for telemarketing and call center operations.

Council Member Isom commented that parking needs for care centers also should be addressed.

City Attorney Ron Read advised that amendment to parking requirements for care centers would have to go back through the Planning Commission, as different standards would be recommended and a different section of the Zoning Ordinance amended.

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

Council Member Orton - aye
Council Member Isom - aye
Council Member Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 24, 2002, recommended approval of the preliminary plat for Paragon Cove at Stone Cliff with 140 townhome units located at 2600 East on 1450 South. The preliminary plat includes Phase I which has already been approved. The private road alignments and lot layout with common areas have changed from the amended Stone Cliff PD in May, 2001. The number of townhome units has been reduced from 145 to 140 and the amount of common area has been reduced from 182,991 sq. ft. to 160,452 sq. ft. A four foot sidewalk is shown on one side of the private street. Gail Maxwell is the agent.

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

Council Member Isom - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 24, 2002, recommended approval of the preliminary plat for Red Butte Subdivision located at 2150 East 2450 South with 94 lots in an RE-12.5 zone. The lots range from 12,500 sq. ft. to 20,452 sq. ft. with a density of 2.41 dwelling units per acre. A solid 6' masonry wall with a minimum 4' landscape strip between the sidewalk and wall is required along 2450 South Street due to double frontage lots and limited access on an 80' right-of-way. Lots 1,17,18,19,20,21,22,29,30,31 and 40 will not have access in to 2450 South Street. An easement will be required from the east adjoining property owner in order to build half of the street due to the road alignment

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October 3, 2002
Page Four

of 2350 East Street. The streets within the development are 50' right-of-way typical local streets with 35 feet of asphalt and 4' sidewalks on both sides. An area at the southeast corner of the development is designated for a possible future equestrian trail that could run east-west along the channel. The applicant requests that the City maintain the landscaping along 2450 South, which is an 80' right-of-way. This request will be made at a future City Council meeting prior to the final plat approval. Rick Salisbury is the applicant.

Council Member Gardner commented that property owners have expressed a willingness to participate in an equestrian trail at the base of Schmutz Hill, and this option should not be precluded as it would be advantageous to those already established in the neighborhood.

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

Council Member Gardner - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 24, 2002, recommended approval of the preliminary plat for Las Hurdes, a 22 multiple-family lot subdivision in an R-3 zone located on the southeast corner of Valley View Drive and 100 South Street. The multiple family lots vary in size from 8,000 sq. ft. to 38,426 sq. ft., which would allow a mix of multiple units depending on the layout of the units and useable recreation area for those with five or more units. Two parking spaces per unit and 30% landscape per lot also define the number of units per lot. Lots 1, 15, 19 and 21 will not access on to 100 South Street. The streets within the development are 50' right-of-way typical local streets with 35' of asphalt and 5' sidewalks on both sides. The potential build-out could be close to 64 units on 7.171 acres with a density of 8.92 dwelling units per acre. Greg Mathis is the agent.

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

Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 24, 2002, recommended approval of the final plat for River Crest Phase 3. Jeff Adams is the applicant.

A motion was made by Council Member Isom 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 Isom - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 24, 2002, recommended approval of the final plat for Huntington at Stonebridge Phase 3. Alan Hall 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:

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October 3, 2002
Page Five

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for approval of a special event permit for a carnival at the Red Cliffs Mall on October 17-20.

City Manager Gary Esplin explained that the Mall's request to have multiple events on a regular basis was discussed at a previous meeting, but the City Council felt a policy should first be formulated. Until then, each request will be considered on a case-by-case basis. Staff recommends approval of this special event permit.

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

Council Member Orton - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Gardner -aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for a special event permit for a Halloween dance at the Ultimate Challenge business at 476 E. Riverside Drive.

City Manager Gary Esplin explained the applicant would like to hold the dance until 11:30 p.m. indoors at their facility. The Police Department and Fire Marshall have reviewed the request, and staff recommends approval.

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

Council Member Gardner -aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
A motion was made by Council Member Isom and seconded by Council Member Gardner to adjourn to a Redevelopment Agency meeting. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

RECONVENE:
A motion to reconvene was made by Council Member Orton and seconded by Council Member Gardner. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

ECONOMIC DEVELOPMENT AGREEMENT:
Consider approval of an economic development agreement between the City of St. George , the St. George Redevelopment Agency, and Snack Alliance, Inc.
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October 3, 2002
Page Six

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

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC TRANSIT MARKETING ASSISTANCE:
Consider a proposal to provide public transit marketing assistance to the City of St. George for the public transportation program.

Assistant to the City Manager Marc Mortensen explained that the City is putting together a marketing plan to help launch the new transit system which will no longer be called DARTS, and in conjunction with this project would like to hire a consultant to give direction in marketing and promoting the system to the community. A focus group made up of citizens will also be formed to address the needs of the community. The cost of the contract with the consultant is $14,500. She specializes in launching mass transit systems and emphasis on smaller systems.

Public Works Director Larry Bulloch explained that the marketing consultant will take the project to the next level, building on the foundation laid by DARTS, by innovative changes to make the system comfortable for the average citizen to ride. The color scheme will be changed, as well as the schedule, in order to create a positive image for the community so they can buy into it as their system.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the public transit marketing assistance program. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Isom - aye
Council Member Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

ENGINEERING AGREEMENT:
Consider approval of an engineering agreement for the South Fields sewer line.

City Manager Gary Esplin explained that this agreement is for extension of the sewer line along 3050 East in an area east of the special improvement district which has not had sewer previously. This is a joint project with Washington City, even though they are not paying costs for this particular extension, they will enter into a separate contract for their portion of this project. This expansion is part of the overall capital project plan for providing sewer service and part of the overall regional sewer system.

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

Council Member Isom - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

GRANT APPLICATION:
Consider approval of a grant application to appropriate state and federal agencies for a parks project.

City Manager Gary Esplin explained that this grant application is similar to others applied for over the years and if approved, will be used for the Slick Rock Park project which will be in excess of $340,000-$350,000. The amount of the grant would be $90,000 which would have to be matched by the City. Slick Rock Park will be located along Riverside Drive and 2450 East.


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October 3, 2002
Page Seven

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

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

POWER PURCHASE AGREEMENT:
Consider authorization for the City to purchase power from Deseret Generation and Transmission.

City Manager Gary Esplin advised that this issue was discussed in length at the last City Council meeting, and he recommended its approval subject to review by the City Attorney and to make all amounts with regard to price and term "not to exceed" amounts, as submitted in the proposed contract with DG&T.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement subject to review by the City Attorney and with amounts still to be negotiated. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with the Winchester Hills Water Company.

City Manager Gary Esplin explained the City has applied to the State Engineer's Office to transfer water rights the City owns in the City Creek area to the Tolman Wells area in order to utilize this water at a better location to get it to the west side of the City. The application was protested by the Winchester Hills Water Company who is concerned that the transfer of rights would negatively impact its system. The City's application is for 2,758 acre feet of water. In an attempt to deal with the protest in a timely manner and to get the project moving forward, a meeting with the State Engineer was held and an agreement reached with the Winchester Hills Water Company that they would withdraw their protest if certain conditions are met, as follows:

The City agrees that when it begins pumping, if the water level goes down and the State Engineer agrees the pumping creates an adverse condition, the City would not pump the well, or would supply water to the Winchester Hills Water Company from another source to replace the amount affected. Also, if one of Winchester Hills Water Company's wells goes down, the City could provide water to them on an emergency and temporary basis if there is the availability and charge them the wholesale cost of the water. The term of the agreement is for ten years or until a reasonable amount of time has expired where no negative effect of the transfer has occurred.

Council Member Isom inquired who would determine the reasonable amount of time.

Mr. Esplin replied it would be determined by the State Engineer.

City Attorney Ron Read explained this provision was added to protect the City.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement subject to review by the City Attorney and City Manager. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.



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October 3, 2002
Page Eight

DEED OF DEDICATION:
Consider acceptance of a deed of dedication.

City Manager Gary Esplin recommended that this item be tabled from the agenda as it should go through the regular process for approval.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts from Troop 531 to introduce themselves.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held September 19, 2002.

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

Council Member Gardner -aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session was made by Council Member Gardner and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

Council Member Gardner -a ye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

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

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

A brief discussion then took place concerning the proposed Subdivision Ordinance, JUC meeting, and the Engineering Department.

The meeting then adjourned.



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Gay Cragun, City Recorder