City Council Minutes

Thursday, May 1,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 1, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Sharon Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Larry Gardner and the invocation was offered by Gay Cragun.

AWARD OF BID:
Consider award of bid for the 2003 Safety Sidewalk project.

Purchasing Agent Sue Swensen reviewed the three bids received:

Robb Construction $179,954
Red Canyon Const. $190,407.55
AJ Const. $182,119.28

She advised that the local bidder, AJ Const., agreed to meet the low bid. She recommended award of the bid to AJ Const. in the amount of $179,954. She explained that sidewalks will be installed along Bluff Street on the west side near Crazy Bob?s, on 100 South near the underpass, and along Red Cliffs Drive.

A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to AJ Const. in the amount of $179,954. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for plan checking services for the Building Department.

Purchasing Agent Sue Swensen explained that the City has a blanket contract with Wildan Plan Check Service, but they have become so busy the turn-around time is slower than staff would like it to be. Staff is requesting that another blanket contract be set up with Sunrise Engineering in the amount of $50,000.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to establish a blanket contract with Sunrise Engineering in the amount of $50,000 for plan checking service. Mayor McArthur called for a vote, and all voted aye. The motion carried.
AWARD OF BID:
Consider award of bid for a building permit database system for the Building Department.

Purchasing Agent Sue Swensen explained that the software currently being used by the Building Department was written 20 years ago and is obsolete. Staff interviewed several vendors and requested proposals, but only one was received from Rob Snow. It is recommended the bid be awarded to Rob Snow in the amount of $35,350.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Rob Snow in the amount of $35,350. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for dispatch console upgrade for the Police Department.




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May 1, 2003
Page Two

Purchasing Agent Sue Swensen recommended an upgrade for the Police dispatch console be purchased through the State contract with Motorola in the amount of $40,959.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to purchase an upgrade for the Police dispatch console through the State contract with Motorola in the amount of $40,959. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PROCLAMATIONS:
Mayor McArthur read and signed two proclamations - one proclaiming the week of May 19-24 as Breast Cancer Awareness Week, and the other proclaiming May 10 as Letter Carriers Food Drive Day.

ORDINANCE:
Consider approval of an amendment to the Storm Water Drainage Fee Ordinance.

City Manager Gary Esplin explained that the proposed amendment charges all residential units the same amount, $1.50, and allows commercial businesses to apply for a 50% credit if they reduce their impact on the system. It also clarifies that residential common areas are not subject to a fee. The first project to be done under this program will be the 400 East drainage project.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the issuance and sale of $1,077,236.79 City of St. George, Utah Special Assessment Bonds Series 1993 (Special Improvement District No. 99-3) and related matters.

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 Whatcott - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adjusting the boundary line with Washington City along Middleton Drive west of Green Springs Drive.

City Manager Gary Esplin explained that a dis-incorporation previously took place in this area of the City, but the boundary line leaves a strip of Middleton Drive in the City?s name. The City has been working with Washington City, and recommends that an adjustment to the boundary take place and that this strip of Middleton Drive become a part of Washington City.

Community Development Director Bob Nicholson explained that the purpose of this action is to adopt a resolution declaring the City?s intent to adjust the boundary line. A public hearing with 60 days notice is required, and has been scheduled for July 17.

A motion was made by Council Member Gardner and seconded by Council Member Orton to adopt a resolution declaring the City?s intent to adjust the boundary line with Washington City along Middleton Drive west of Green Springs Drive. Mayor McArthur called for a roll call vote, as follows:




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May 1, 2003
Page Three

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting an Anti-Displacement Plan and Relocation Assistance Plan.

City Manager Gary Esplin explained that in order to participate in the CDBG program, the City must adopt a plan to provide assistance to help relocate low and moderate income persons who become displaced.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting the preliminary 2003-04 fiscal budget for the City of St. George and setting public hearing dates.

City Manager Gary Esplin recommended that the first and second meetings in June be scheduled for public hearings on the budget, with adoption taking place at the second meeting in June. Only one public hearing is required, but the City has always held two. He then reviewed the preliminary budget as follows:

No new tax increases or property tax adjustments are recommended. A small increase is projected in growth in sales tax and property tax. He recommended that development-related fees be increased as they have not been adjusted for several years. He recommended that personnel be increased to include a plans examiner, development engineer and planner to facilitate review of plans. The only change in the Enterprise Fund is to recommend a 5% increase in golf fees to cover increased costs of doing business. The preliminary budget is available for public review.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur explained that Council Member Allen would be arriving late, and since there were only three Council Members present, a vote would have to be unanimous in order for a motion to pass. He then invited any applicant to remove his or her item from the agenda if he or she so desired.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 22, 2003, recommended that a public hearing be scheduled for June 5 at 5:00 p.m. to consider an amendment to the Zoning Ordinance to clarify Chapter 15 concerning multi-family dwelling setbacks.

A motion was made by Council Member Orton and seconded by Council Member Gardner to schedule the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

DELAY PUBLIC HEARING:
Associate Planner Mark Bradley advised that staff and the Neighborhood Enhancement Committee suggest that the public hearing scheduled for May 15 to

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May 1, 2003
Page Four

consider a zone change in the downtown area of the City to R-1 be delayed in order to allow additional time to look at alternatives. He suggested that the second meeting in June or a meeting in July be considered for the public hearing.

A motion was made by Council Member Orton and seconded by Council Member Gardner to move the public hearing from May 15 to June 19. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 22, 2003, recommended approval of the final plats for (1) Las Palmas Resort Condominiums II, Phase V, Building 9; (2) Las Palmas Resort Condominiums II, Phase VI, Building 18; (3) Las Palmas Resort Condominiums II, Phase VII, Building 20; and (4) Las Palmas Resort Condominiums II, Phase VII, Building 21. Jeff Chapman is the applicant. All four plats are ready for the Mayor?s signature.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the final plats and authorize the Mayor to sign them. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Rick Rosenberg commented that all four plats are ready to record, and it will be 53 days since they were first submitted. He commended City staff on a great job and commented that the new Subdivision Ordinance works well. He commented that while the new process puts more burden on the developer up front, it raises the bar on submittal and review time is therefore reduced.

ADOPTION OF DBE PROGRAM:
Consider adoption of an annual Disadvantaged Business Enterprise (DBE) program for the airport.

City Manager Gary Esplin explained that adoption of this program is a requirement to receive federal funding. When a project at the airport is bid, the City must meet guidelines that show there are a certain number of minority or disadvantaged individuals involved.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the program. Mayor McArthur called for a vote, and all voted aye. The motion carried.

GROUND LEASE:
Consider approval of a ground lease with the BLM at the airport.

City Manager Gary Esplin explained that the BLM would like to increase their leased area used for fire-fighting operations to 19,553 sq. ft. They will pay a lease rate of 10? per sq. ft.

City Attorney Shawn Guzman suggested that approval of the lease be made subject to legal review, as there are changes to be made.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the lease subject to legal review. Mayor McArthur called for a vote, and all vote aye. The motion carried.

OVERNIGHT CAMP-OUT:
Consider approval of a Boy Scout overnight camp-out in Middleton Park.

City Manager Gary Esplin explained that there is no restroom facility at Middleton Park, and suggested that approval be subject to the applicant providing a portable restroom facility. The camp-out is planned for May 9.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the request subject to the applicant providing a portable restroom facility. Mayor McArthur called for a vote, and all voted aye. The motion carried.

LOCAL CONSENT:
Consider a request for local consent for an on-premise banquet liquor license at the Dixie Center. Fairway Catering, applicant.


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May 1, 2003
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City Manager Gary Esplin explained that this is the first request under a new pilot program recently approved by the legislature which allows a hotel, convention center or sports center to sell alcoholic beverages on the premises. There are 79 licenses available throughout the State. He suggested that any approval be subject to the applicant paying a $250 fee as required by the City?s ordinance.

City Attorney Shawn Guzman advised that the applicant would also have to meet all City ordinances.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the local consent subject to payment of a $250 fee and meeting all applicable City ordinances. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONFIDENTIALITY AGREEMENT:
Consider approval of a Confidentiality Agreement for the IPP3 Study Data.

City Manager Gary Esplin explained that UAMPS is requiring execution of a Confidentiality Agreement for the work product contained in the IPP3 study data.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the Confidentiality Agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

MOU:
Consider approval of a Memorandum of Understanding for a fiber optic project.

City Manager Gary Esplin explained that the proposed MOU is for a fiber optics project with City participation. There is also a confidentiality agreement.

Gene Morris explained that his company would like to bring a fully redundant fiber optic system into the City, and has asked the City to work with them in the proposal. He explained that he is proposing to tap into a fiber optic trunk line which runs north and south on the west coast, and bring this line into St. George. This is significant for St. George because of the number of businesses which would like to move to St. George but cannot because of the lack of security in the lines. The economic growth from a fiber optics line will be immeasurable by allowing master planned communities and developers to build into their developments smart home capabilities. A central office and data center will be located in the Tonaquint Center. The line will have unlimited capacity. The Tonaquint Center is scheduled to be completed in the spring next year and he would like to meet that deadline as well.

City Manager Gary Esplin explained that the MOU will allow the company to connect to the City?s power poles with an above-ground fiber optic line. The City will receive capacity in the line to service the SCADA system and other needs. The City will also agree not to compete commercially with them using the lines provided. Redundancy will be provided, and the City will be receiving more compensation than through a regular pole attachment agreement.

Council Member Allen arrived.

City Manager Gary Esplin advised that staff recommends approval. The MOU is not exclusive, but provides that for a four month period of time the City will not allow another fiber optics cable company to operate within the City.

Mr. Morris explained that the line will provide high speed internet, video and telephone service. It also provides an open access network to any service provider approved by the FCC or NSB.

City Manager Gary Esplin explained that this company will basically do what the City has previously discussed doing and allows community access.

Lowry Snow advised that other communities will also be involved, and the intention is to bring Washington, Hurricane, Santa Clara, and Ivins on line as the project will benefit the entire region.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the MOU. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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May 1, 2003
Page Six

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 to PD Residential on .99 acre located on the south side of the intersection of Valley View Drive and Indian Hills Drive. Ence Construction, applicant.

Community Development Director Bob Nicholson explained that a PD on this property was approved seven years ago, but it expired due to lack of activity. He then displayed a site map and explained that the project consists of three triplexes adjacent to the Willow Run Townhomes along its western boundary. He pointed out the four foot offset between the buildings.

Council Member Orton inquired if water problems in the area had been solved.

Vince Clayton explained that he is the agent of Jay and Quentin Ence, the owners of the property and structures. He advised that they replaced the pipe, and while it was his understanding the water problems had been solved, he did not know for sure. There have been no water problems since on the site. He advised that he has not had a chance to talk to the architect about the offset between the buildings. He suggested that approval be subject to offsets of no less than two feet and no greater than four feet.

City Attorney Shawn Guzman advised that the City Council could impose this condition on the PD if it wished to do so.

Mr. Clayton explained that when the Planning Commission approved the project, they did so with the condition that the buildings be offset. This offset is reflected in the site plan, but he advised he did not know if the offset fit from a construction standpoint and would not know until his architect looked at the plans. He suggested that the project be approved and he would then submit the site plan to planning staff to make sure it fits. If staff has a problem with it, or if it violates the intent of the PD, the plan would then come back to the City Council.

Community Development Director Bob Nicholson explained that under the new subdivision process, no building permits are issued until the City Council approves the final plat.

Mayor McArthur opened the public hearing.

Robert Forsberg, manager of Willow Run, advised that a major issue is the wall, and he hoped the City Council would give this consideration. He also expressed concern about traffic problems in the area and congestion in the intersection. He stated he also did not think the water problems had been solved.

Energy Services Director Phil Solomon advised that in order to resolve concerns of the Willow Run Association, former Water and Power Director Wayne McArthur and Water Superintendent Frank Kell sleeved some high density polyethylene pipe through the existing culvert, thus eliminating leaks.

Mr. Forsberg advised that Willow Run?s attorney says the easement has not yet been finalized.

Mr. Clayton advised that a commitment has been made to put in a true retaining wall, but if Willow Run is not happy with it, it can be taken out and a different one put in.

Mayor McArthur commented that placement of the irrigation line and easement issue must be worked out. There being no further public comment, he then closed the public hearing.

A motion was made by Council Member Allen to approve the zone change by ordinance subject to replacement of the retaining wall, mitigation of the easement, and that the offset between buildings be at least two feet but no more than four feet. The project will also be reviewed again by the City Council before the final plat is approved. The motion was 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
Council Member Orton - aye

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May 1, 2003
Page Seven

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss litigation and personnel issues was made by Council Member Orton and 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.

RECONVENE:
A motion to reconvene was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

A discussion then took place concerning more closely examining and further defining the General Plan.

ADJOURN:
A motion to adjourn was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried. The meeting adjourned at 7:30 p.m.



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Gay Cragun, City Recorder