City Council Minutes

Thursday, April 8,2004

APRIL 8, 2004, 4:00 P.M.

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

Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Gay Cragun, and the invocation was offered by Gary Esplin.

Mayor McArthur commented that St. George is 142 years old, and was not always a desirable place to live. In fact, people had to be commanded to live here, but thanks to air conditioning, the community has expanded to what it is today. He stated it was a pleasure to have so many applicants for the City Council position who want to be involved in the community. He stated that until the recent death of Council Member Sharon Isom, never in St. George?s history had an elected official passed away while in office. There has been a lot of interest in filling the position and many qualified people have applied. However, only one can be selected. 25 applications were received, with one applicant later withdrawing his application. Copies of the 24 applications were distributed to the City Council for their review. The Council has not met as a group to discuss the applicants, but have deliberated back and forth among themselves. All applications were reviewed, and Council Members asked questions about the applicants in the community to try and make the best selection to fill the position.

Council Member Gardner commented that a closed door executive session was not held to discuss the applicants; neither have they been discussed as a collective council. Council Members have been left on their own to sort things out. He commented that it was great to be in a community where so many qualified candidates submitted their applications, and all were capable.

Council Member Orton commented that it was important to choose someone to represent the entire community, someone not associated with a single interest group and without an agenda, and someone who would work well with the Council and share a love for the community. He stated that while no one can completely fill the shoes of Sharon Isom, they will be able to contribute to the great history of this City. He stated that the applicant he will nominate for appointment comes highly recommended. He then made a motion to nominate Gail Bunker for appointment to the City Council to fill the unexpired term of Sharon Isom. The motion was
seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Recorder Gay Cragun administered the oath of office to Gail Bunker as a City Council Member.

Council Member Bunker then took a seat on the stand. She commented that she was overwhelmed, and that while hesitant to apply for the position, she felt that no one who applied for the position had more red dirt in his or her shoes than she. The City lost a great Council Member when Sharon Isom passed away; she represented the Council well. She stated that appointment to this position was an awesome responsibility, and she would appreciate the support of the citizens and City Council.

Consider approval of a change order for road improvements on Dixie Drive adjacent to the Santa Clara River.

City Manager Gary Esplin commented that staff is concerned about lengthening the contract and opening the bridge in a timely manner. Staff was instructed to ask the contractor for a change order for the additional improvements, and at this time has

St. George City Council Minutes
April 8, 2004
Page Two

not heard back from the contractor. He suggested the matter be postponed until later in the meeting to give the contractor time to contact the City.

Consider approval of a change order for installation of reuse pipe on Dixie Drive.

City Manager Gary Esplin explained that the City is installing reuse line to take reuse water to the Shivwits Reservation. Costs include $155,000 for Western Rock, and $224,000 for the section by the bridge. A change order with the existing developers is recommended. The price has been confirmed to conform with the price if bid out. Approval is recommended. Funds from the Sewer Fund will be used and then reimbursed by $15 million from the federal government to extend the reuse line to the Reservation. Final environmental clearance for the project is anticipated by summer, with the entire line hopefully done by fall.

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

Public Works Director Larry Bulloch explained that with regard to the reuse work to be installed on Dixie Drive adjacent to the Santa Clara River bridge, the original quote given by the contractor was $432,000, but this did not include the reuse work just approved. The contractor would like 90 extra days to do the work indicated. It is critical that the project be completed by the end of June, and staff asked him for a proposal. He indicates he would have to work extra hours, 60 hour weeks, and on Saturdays. By doing this the bridge could be opened. There would be some incidental work done under the bridge and along the shoulders which would not interfere with traffic. He is just now adding up labor hours to determine the extra cost and staff is waiting for his phone call. Staff recommends that some arrangements be made and the contract not be open-ended because there would be no enforcement power. Terms would need to be defined so that the contractor understands the City expects him to move the work along, and as long as he was doing that, penalty provisions would not be enforced. The next bidder for the project was $400,000 higher.

Chief Stratton reported that the City will have help from the Utah Highway Patrol, Dixie College and the Sheriff?s Office. He stated he hoped the kids had a good time while they were here and then travel home safely.

The meeting then adjourned to the conference room.

Community Development Director Bob Nicholson explained the purpose of the General Plan and advised that the City has a policy to update it every five years. Property owners can apply for an amendment to the plan quarterly. The two main issues to consider in the General Plan are (1) is the General Plan the way the City Council wants it to be by showing land uses and densities, and (2) is the zoning the way the City Council wants it to be, particularly as applied to vacant property.

The east St. George area was then discussed where zoning conflicted with General Plan designations.

Public Works Director Larry Bulloch advised that the contractor is willing to accept a change order in an amount not to exceed $65,500 for the additional work as previously discussed. This would be in addition to the $432,000 for the original portion of the project. The $65,500 figure does not include any extra engineering or overtime work. While the timeline of July 1 will be difficult to meet, the contractor is willing to put in overtime and do what he can to meet the deadline. If there are any glitches, however, the project will probably go over the timeline, and for this reason the contractor asked that the penalty provisions of the contract be waived. City staff is still negotiating with him, and proposed that the penalty

St. George City Council Minutes
April 8, 2004
Page Three

provisions be moved to July 31. The contractor advised that he is not sure he will accept this date, but he will think about it.

A motion was made by Council Member Gardner to approve the 45 day proposal with liquidated damages so the deadline could be met. The motion died for lack of a second.

Mayor McArthur inquired if the waterline was included in this project.

City Manager Gary Esplin replied that the water line would be done independent of this project.

Council Member Gardner made a motion to approve the change order, moving the completion date to the end of July, with liquidated damages not to exceed $65,500, and with a bridge opening date of July 1. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Marc Mortensen, Assistant to the City Manager, presented renderings of the proposed landscaping plan.

Kurt Gumbrecht, explained that with regard to the height of the medians, the City has two choices. It can have a low curb but be limited to a 4" or smaller caliper tree, or an 18" barrier curb with larger trees. He recommended the 18" barrier curb which would act as a planter, and then presented his designs. A lighting plan was also presented.

City Manager Gary Esplin explained that the City has retained Brad Houston for the downtown charrette process.

Brad Houston explained that the charrette process is an intense design process, lasting anywhere from a day or two to a week. A charrette allows him as a designer to gather as much information as possible on the people who use the streets within the target area, and the more people involved the better. The process allows the community to feel that their voice is being heard, and from a political standpoint is a good opportunity for input. A charrette will identify what jobs are in the area, where the people walk, what time they walk, what is currently in the area that they love and what is not. This will help the City to recruit businesses that the people want and will use, and will identify what the people want those businesses to look like. He then exhibited the results of a charrette done for BYU.

City Manager Gary Esplin clarified that the City would like to broaden the charrette outside the immediate area so that anyone in the City who wants can comment.

Council Member Orton commented that design standards are needed for the downtown area.

Community Development Director Bob Nicholson replied that the City currently has some design guidelines for the historic district.

City Attorney Shawn Guzman advised that there is a difference between guidelines and an ordinance which can be enforced.

Carol Sapp recommended that the City not move ahead without a buy-in from those who utilize the businesses in the downtown area, and commented that the charrette process is a great idea to get the whole community behind the project and stimulate interest in the downtown area.

Council Member Whatcott was excused from the meeting.

City Manager Gary Esplin commented that it would be difficult to set a design standard different from the historical concept already present in the downtown area, and it would be important to not detract from what has already been done.

St. George City Council Minutes
April 8, 2004
Page Four

Mr. Houston commented that a drawing or visual interpretation would result from the charrette to help avoid confusion. He advised that the charrette could probably be held within a two day period of six hours each day.

City Manager Gary Esplin commented that Mr. Houston would work with Marc Mortensen and Bob Nicholson to come up with a date for the charrette.

Mayor McArthur recommended that Fred Page be appointed to the Dinosaur Track Site Advisory Committee to replace Marshall Topham who was appointed at the last meeting. Mr. Topham was recently appointed to the Dinosaur Foundation.

A motion was made by Council Member Gardner and seconded by Council Member Allen to appoint Fred Page to the Dinosaur Track Site Advisory Committee. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur advised that he is going to declare May as Utah Foster Care Month to raise awareness in the area about the need for foster families. He inquired about the possibility of including a flyer in the utility bills. The Utah Foster Care Foundation would also like to tie blue ribbons in the trees at the Bluff Street Park and place 150 small blue landscaping flags in the landscaping at the City Office.

Mayor McArthur advised that the Heritage Choir is in need of a building to hold their practices.

Council Member Bunker commented that with the opening of the new Fine Arts Building at Dixie College, perhaps an arrangement could be made to use the Cox Auditorium.

Mayor McArthur commented he would provide her name to Floyd Rigby as a contact.

Marc Mortensen, Assistant to the City Manager, advised that to publish the City?s newsletter and distribute it to 25,000 homes will cost $5,000. If the City Council wants to publish every two months, this will be $30,000 a year. It can be published quarterly for $20,000.

It was the consensus of the City Council to publish the newsletter quarterly.

The meeting then adjourned.

Gay Cragun, City Recorder