City Council Minutes

Thursday, April 18,2002



St. George City Council Minutes
Regular Meeting
April 18, 2002 4:00 P.M.
City Council Chambers

Present:
Mayor Daniel McArthur
City Council Member Sharon Isom
City Council Member Rod Orton
City Council Member Suzanne Allen (arrived 5:35 P.M.)
City Council Member Robert Whatcott
City Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Jonathan L. Wright
Deputy City Recorder Ren? Fleming

Opening:

Mayor McArthur called the meeting to order and welcomed all in attendance. Steve Lawson led the pledge of allegiance. Don Lawson offered the invocation. The Mayor commented that City experiencing a drought and it is something we need to be concerned about. He indicated there will be more said in the future about this. The Mayor suggested all sing Happy Birthday to Council Member Whatcott who is 43 today.

Mayor McArthur invited Bill Western to make a presentation regarding our sister City in England, Bacop.

Mr. Western indicated the Mayor of the community which is in the Lancaster area expressed a desire to have more interaction between the two Cities. A plaque was presented to Mayor McArthur from the community.

The Mayor expressed appreciation to Mr. Western for representing the City of St. George.

Marc Mortensen presented a video update of the Public Works, Police Department, Leisure Services Department and the Water and Power Department. The Mayor commented that water is important to all of us and we must use it efficiently. He commented some of the water used in schools and parks is irrigation water and not included in the 40 MGD produced in the culinary system. He explained the City is trying to use all water wisely, both culinary and irrigation water.

CONSENT CALENDAR:
Consider approval of the financial statement for March 2002.

Council Member Isom moved to approve the consent calendar. Council Member Whatcott seconded motion. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous and the motion carried.

Council Member Orton commented that citizens should know what was on the financials, the golf courses had a record month.

AWARD OF BIDS:

Consider award of bid for the annual Safety Sidewalk Project.

Purchasing Agent Sue Swensen recommended the low bidder, AJ Construction be awarded the bid in the amount of $69,773.84. The work will be done from Sunset Blvd and Bluff to 700 South.

Council Member Whatcott made a motion to award the bid in amount specified, seconded by Council Member Gardner. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous and the motion carried.

Consider award of bid for the installation of ADS pipe at 3000 East and 2450 South.

Purchasing Agent Sue Swensen indicated there were 5 bids received to supply and install 500 feet of 48" pipe. The bids were reviewed and she recommends the low bidder, Bryce Christensen, be awarded the bid for $56,912.00.

Council Member Orton made a motion to award the bid in the amount specified. Motion seconded by Council Member Isom. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous and the motion carried

Consider award of bid for an oil distribution truck for the Streets Department.

Purchasing Agent Sue Swensen indicated 4 bids were received. Staff recommends purchase of new truck for $86,844.00 from Cate Equipment. The truck will replace the 33 year old truck.

Council Member Whatcott made a motion to award bid by for the new vehicle to Cate Equipment for $86,844.00. Council Member Isom seconded motion. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous and the motion carried

SET PUBLIC HEARING

Associate Planner Mark Bradley advised the Planning Commission, at it's meeting held April 9, 2002, recommends that a Public Hearing be scheduled for May 16, 2002 at 5:00 PM to consider an Amendment to the PD Zone for Anasazi Ridge at Entrada and also an Amendment to the City Zoning Ordinance Chapter 19-2.19.F and 19-C.

There was discussion concerning the rezoning of the landscape portion of the ordinance. Associate Planner Bradley indicated that a key focus of staff is to remind people that greenery comes with trees, shrubbery and rock and also to encourage citizens to reduce the use grass.

Council Member Orton made a motion to set a Public Hearing for May 16, 2002 at 5:OO pm to consider an amendment to the PD Zone for Anasazi Ridge at Entrada and an amendment to the City Zoning Ordinance Chapter 19-2.19.F and 19-C. Council Member Gardner seconded the motion. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous and the motion carried

Approval of the final plat for Sun River at Sun River at St. George Phases 6 and 7

Associate Planner Mark Bradley advised the Planning Commission recommends approval of the final plats for Sun River at St. George Phases 6 with 47 units and 7 with 41 units, a total of 88 units. Darcy Stewart is the applicant.

Council Member Gardner commented on the naming process, there is a development and street named Ironwood. He wondered if this is confusing for people. He thought in the address process the City tried to avoid using the same name for streets and developments.

Associate Planner Mark Bradley indicated the applicant has gone through the procedure to obtain the name. He is not sure when it was acquired in relation to the naming of the street, but it did go through a review. He explained there are many names used quite often like Sun, Color. He indicated the staff does try to be cautious of using duplicate names and perhaps this is something to be checked into a little further.

Council Member Gardner made a motion to approve final plats for Sun River for both phases 6 and 7. Motion was seconded by Council Member Orton to approve the 2 final plats for Sun River. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous and the motion to approve both final plats for Sun River carried

Approval of preliminary plat for Hidden Valley Condominiums

Associate Planner Mark Bradley advised the Planning Commission recommends approval of the preliminary Plat for Hidden Valley Condominiums with 266 units located south of Brigham Road across from the Bloomington Hills Elementary School. A traffic impact statement has been prepared. A warrant study is being done for a signal light in the area, the best location of the light and when it will go in. Steve Lawson is the applicant.

Council Member Whatcott asked about number of water meters for the project. He asked if there will there be one meter per unit, or one meter for multiple units.

Steve Lawson indicated the issue hasn't really addressed it yet. The condos will be sold as individual units. The first phase will include the clubhouse and pool. There will be 38 units in first phase.

Mayor McArthur indicated he would rather have separate meters for each unit. He explained that owners in PUD's have asked the City to address that issue because of the problem of multiple users on one meter resulting in higher water costs per 1000 gallons when compared with residences on individual meters.

City Manger Gary Esplin explained he has asked staff to come up with information on that issue. He doesn't think the policies have been amended to require projects to install individual meters. He asked if we charge an impact for each meter, does the ordinance have to be officially changed before additional impact fees can be charged.

Council Member Whatcott indicated this is a question of pay now or pay later. If we make a transition and switch, with respect to PUD's developers will pay a higher impact fee for meters and homeowners will pay lower water rate.

There was discussion regarding changing the ordinance and when it will be in affect. All PUD's in the City are being reviewed as well as the effect a change will have on revenue.

Mayor McArthur asked if the trail system in the development will connect to the walking trails within the City.

Don Lawson indicated that with proper planning it can all be connected together, but there are some major obstacles that make it complicated.

Council Member Gardner asked if the developer will abide by whatever comes out in the traffic study?

Don Lawson explained the study will be completed by next week and all issues will be resolved.

Mayor McArthur reiterated the question, has the developer agreed to abide by traffic study?

Don Lawson indicated yes the developer has agreed. He also advised the portion of road indicated on the map will be completed on both sides.

Steve Lawson explained the development will be marketed as a starter homes. In the first phase homes will be priced around the low 80's.

Council Member Whatcott commented the development is about 46% landscaped, which is very positive. It looks like less than ? of the landscape is in grass. He indicated the plan had conservation in mind in the design.

Motion by Council Member Orton to approve the design review and preliminary plat as recommended by the Planning Commission for the Hidden Valley Condominium project. Motion seconded by Council Member Gardner. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous, motion carried

PUBLIC HEARING

Consider zone change from R-1-18 to C-3at the corner of 700 South and Main Street

City Manager Gary Esplin explained this is a continuation of Dr Jim Ence's medical offices. The zone change request is for approximately one half of an acre of land. The area is zoned commercial and the Planning Commission recommends approval.

Community Development Director Bob Nicholson indicated there was no opposition at the Planning Commission and he doesn't expect any now.

Mayor McArthur declared the Public Hearing open and asked anyone in attendance to discuss the item to come to the microphone. Seeing none he closed the public hearing.

Council Member Whatcott asked why we are looking at C3 instead of C2 zoning. He indicated there was discussion about 6 months ago regarding making C3 the minority zoning especially for commercial property located in residential areas of the City.

Mr. Nicholson indicated C2 zone meets the need of the property owner, but the land they now own is C3 and they wanted to keep it all of the land C3 zone.

The council discussed whether to approve C2 or C3. The discussion involved whether the zoning for C2 could be approved as the applicant applied for C3 zoning. It was decided that action could be taken on C2 zoning, although the public hearing was for a change to C3 as C2 is more restrictive than the C3 zoning. As C2 is more restrictive than C3 there is no requirement for re-notice of a zone change to C2.

Council Member Isom made a motion to deny C3 zone change, Council Member Whatcott seconded motion. Mayor McArthur called for a vote as follows:

Council Member Gardner – nay
Council Member Isom – aye
Council Member Orton – nay
Council Member Whatcott – aye
Mayor McArthur – aye

Motion carried.

Council Member Gardner made a motion to approve zone change from R18 to C2, motion seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous, the motion carried

Request for special event permit for the use of Snow Park on May 11, 2002 by Wal-Mart

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

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

The vote was unanimous, the motion carried

Consider a request for approval of a business license for a mobile oil changing business

City Manager Esplin explained the reason this issue is before the council is to decide if this is an appropriate use under the City's mobile catering ordinance.

Council Member Isom asked how glass companies that do windshield repair on site are handled?

City Manager Esplin commented the issue is do they have an existing business, with a building in a proper zone. Will a mobile oil service business without the investment in a building, utility services etcetera be competing with those that have made these investments and do conduct business in area zoned for commercial use.

Mayor McArthur commented the point is well taken that they do compete with established businesses that have street addresses. He asked how will people get a hold of the company if they are not satisfied. Without a street address and phone number, will customers have any way to get concerns addressed.

Council Member Orton commented that there is a lot of telephone soliciting for windshield repairs, how many of those have an established business.

Council Member Isom commented that she only knows of one.

Dennis Allen, the applicant, knows of 2 or 3 car wash and mobile detailing businesses going in the City. They all have signs and no central residence. He indicated he went through considerable effort and money to put together a reclaim system that was required to be done before this hearing. This has been before water district and they approved it. He said he has put a lot of money into this.

City Attorney Jonathan Wright advised he never indicated a business license would be granted with the approval of a reclaim system, he only indicated the need to visit with the Waste Water Department and that Mr. Allen had to meet their approval on the environmental requirements for oil before a request for a business license could be heard before City Council.

Council Member Isom commented that there is a need for this business, what is the difference between this and a taxi.

City Manager Esplin explained that the issue involves the many business in town that do oil changes. Do they not need a building anymore? Is it competition to established business, which pay property taxes on building, utilities and maintain building.

Mayor McArthur asked if it is the same thing as a catering wagon?

City Manger Esplin indicated it's similar, but catering wagons have temporary licenses. He also explained he doesn't know how this is handled in other Cities. He expressed this is establishing a precedence, someone can go into a residential section and change oil. The mobile catering ordinance was specifically designed for the food services. He expressed that maybe there is a need to review and evaluate all the mobile businesses that do work in residential areas, if that is what the council decides.

Council Member Orton asked if this is allowed, will all other businesses like tankers to go around fueling cars have to be allowed also.

Council Member Isom commented that if one mobile business is going to be denied, then all mobile businesses need to be banned. She also expressed the there are people in her office that would love to have a mobile business that will come to the office to change tires, wash cars etc.

Mayor McArthur summarized the comments, indicating the point is this same type of business could function if they had a physical establishment in a business district to conduct the mobile potion of the business from.

City Attorney Jonathan Wright explained that in the ordinance regarding auto repair servicing is required to be done in doors. He indicated he doesn't know if this would qualify as repairs as the applicant has requested to do light repairs and oil changes.

Council Member Gardner commented that he recognizes the concerns expressed, but there is competition in many areas. He struggles with how to handle this.

Council Member Orton asked how do other city's handle this. Do they allow them and what is their reasoning.

City Manager Mr. Esplin indicated the staff can check on that.

Mr. Allen indicated this type of business is conducted in Arizona. He expressed that this is his means of survival, the job market isn't here for any high paying jobs. This is not a franchise, he is starting his own business.

Council Member Orton commented that there are restrictions on what can be done in a home. A business can't be operated out of a home, but a can car be serviced at a home.

Mr. Allen commented that air conditioners on the roof of a home can be repaired. He also explained that he applied for the business license in February, he's now 2 months into this and it is having a severe impact on his family. He also indicated he is doing this in Diamond Valley, Ivins and Washington where a license isn't required and also in Santa Clara which has issued license. But he said he would also like to provide this service in St. George.

Council Member Orton indicated this is new territory.

Mr. Allen advised his understanding is there has been a mobile request by another company.

City Attorney Jonathan Wright explained it was a fleet servicing company that went to fleet facilities; which are already operating in a commercially zoned area.

Council Member Gardner asked if a license can be issued on a conditional basis.

City Attorney Jonathan Wright explained the City does not have a conditional business license and may not want to issue a conditional one that will then be taken away.

Council Member Gardner commented that he feels it meets the ordinance requirements.

The council discussed tabling this until next Thursday's work meeting. That would allow the staff to research the issues further and provide more input to the council.

Council Member Gardner made a motion that we grant license. Council Member Isom seconded motion. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – nay
Council Member Whatcott – nay
Mayor McArthur – nay

Motion did not carry.

Council Member Orton made a motion to table this issue and put it on the agenda for the next Thursday work meeting and to have staff research it further. Council Member Isom seconded the motion. Mayor McArthur called for a vote as follows:

Council Member Gardner – aye
Council Member Isom – aye
Council Member Orton – aye
Council Member Whatcott – aye

Motion carried by unanimous vote.

Council Member Whatcott commented he's not sure he agreed to table it is so that the council can review how other communities handle this issue. He sees the positive side for consumer and it can't be denied that there will be a direct effect on those that establish themselves and have invested a lot of capital into the business and pay monthly utilities. He explained that he's not sure that what other cities do will make a difference, in his opinion they are not the same as St. George. He complimented the applicant for the attempt, but doesn't know how he can turn his back on established business. He suggested the council needs to give thought to how this will affect the City as a whole.

Glen Bundy indicated he is not sure how this is different than what is done at the Airport.

City Attorney Jonathan Wright explained the airport is a commercial area, this applicant will be going into residential areas.

Council Member Whatcott commented that the airport is site specific.

Mr. Allen expressed that he doesn't think it's fair to him to be put in the same barrel as larger business.

Consider approval of a policy regarding establishing options for maintenance of landscaping on 66' wide streets.

Council Member Allen arrived at 5:35 p.m.

City Manager Esplin explained this involves establishing a policy for the City that requires anyone who locates a facility on 66' wide street to service the facility landscaping by paying a fee into a perpetual fund to cover the costs of the City to maintain it or require the developer to establish a homeowners association that will be responsible for maintaining the landscape. He explained it is not feasible for the Parks Department to maintain any additional areas due to the costs involved in maintaining theses areas. He indicated there are two separate actions for the council to consider tonight, one is to establish a policy and the second is to address Mr. Leavitt's issue.

Council Member Gardner asked if an amount has been established for the perpetual care fee?

City Manager Esplin advised Lynn Scott, Parks Superintendent has been working on it for a couple of weeks, however he doesn't have a figure yet. He explained that he wants the issue on record so developers know they have to deal with that issue either by paying a fee or establishing a homeowners association to take care of landscaping. He indicated an amount for the fee will be brought to the council.

Other options were discussed, including adding a fee to the utility bill to cover the cost of the maintenance of landscape. City Attorney Jonathan Wright explained the difficulty in adding an amount to the utility bill for maintenance, contracts would have to be signed by the homeowners, collection of unpaid amounts would be difficult, and foreclosure proceedings would have to be followed for amounts that were not paid. Electric services could not be turned off for non-payment of landscape fees. It was pointed out the Parks Department does not have the staff to maintain additional landscapes.

The group discussed if this can be addressed when plat is done. The fee would have to be stated at the time the plat is approved. There was discussion concerning how to establish the amount of the fee, if there is a maintenance nightmare in 30 years and no money left in the fund, how will that be dealt with. Homeowners associations have ability to raise assessments, the City would have difficulty raising the fee at any time. The option of handling this in a similar manner as impact fees was discussed. If there is not enough money in perpetual fund the fees will be raised for new developments.

City Manager Gary Esplin commented that is was obvious there is not unanimous feeling from council. He suggested implementing the pending doctrine so the issue can be researched.
City Attorney Jonathan Wright indicated there is no need for official motion as the issue is now being addressed.

City Manager Gary Esplin advised there are three different plats involved in this project. Two of the plats have been approved and one phase is sold. He indicated he doesn't know how to go ahead with the three lots that are before the council for approval without a plan for maintaining the frontage of the entire project. He indicated the City is going to have to maintain the landscape on the first two plats. The current policy is that the City has the option to maintain it.

City Attorney Jonathan Wright advised that the City doesn't have to maintain it. He asked Mr. Leavitt how he showed the frontage property on plat.

Mr. Leavitt indicated he is having a hard time understanding the problem. He did request in the first phase for the City to maintain the frontage. He understood there is no set policy in place as to how to approach it and the issue was basically tabled. He indicated there was a work meeting six weeks ago that included this discussion. The possibility of adding one or two dollars on utility billing was discussed, also discussed was a perpetual care fund. He indicated several lots have been sold. He also indicated he never did form a homeowners association and he never got a decision from City to request that City maintain the frontage. Mr. Leavitt indicated the plat shows the area as a landscape easement.

City Attorney Jonathan Wright indicated he will take a look at it. He doesn't remember a discussion regarding a landscape easement. He said the plat may say landscape easement, but doesn't mean it is the responsibility of the City to maintain it.

City Manger Esplin explained the discussion in the work meeting was after the other two plats were recorded. These three lots are on the front of the road. He expressed concern that it shouldn't have been recorded without determination as to who was going to take care of the landscape.

City Attorney Jonathan Wright indicated that if the plat says landscape easement that only means the area is limited to landscape, it does not necessarily mean the City is responsible for maintaining that area.

Mr. Leavitt advised the way it's worded is so City takes responsibility.

The council reviewed the prior discussions that were had with regard to the other 2 plats that were approved.

Council Member Gardner made a motion to support the staffs recommendation that any developments with 66 feet wide roads, would come under one of the 2 proposals suggested, either a homeowners association or a fee paid to a perpetual fund for landscape maintenance, would apply to any future developments. The City will inherit the 500-foot section and treat like we do on the other side of the black hill. Council Member Isom seconded the motion.

Council Member Whatcott asked the staff to pull the minutes when final plats were approved because he challenges that it was decided the property would be turned over to the City to be taken care of. He explained the developer needs to take care of this problem.

Mayor McArthur indicated he thinks minutes will indicate we discussed a looking at a fee at that time.

Council Member Whatcott indicated he thinks it was approved subject to this issue being addressed and a fee being collected. He expressed that it is unfair to the council to have to make a decision because now three lots are being developed and others have been sold. He suggested Mr. Leavitt go back to the people who bought the lots and collect a fee for landscape maintenance.

The Mayor called for a vote on the motion.
Council Member Isom - aye
Council Member Allen – aye
Council Member Gardner - aye
Council Member Orton – nay
Council Member Whatcott - nay

Motion carried.

Consider approval of an agreement with the Transportation Security Administration of the federal government regarding use of police personnel at the St. George Municipal Airport

City Manager Esplin explained there will be a transition period between the time National Guard will be removed from the airports and federal government will take over. The City needs to provide security in the interim and the federal government will reimburse the City for the costs.

Council Member Isom asked if we have manpower?

Chief Stratton indicated it will take at least two new officers. Security is needed seven days a week for approximately twenty hours a day.

City Manger Esplin advised federal regulations require security to keep the airport operating. He indicated along with the two new officers it will also some require some overtime to meet the security requirements. He explained that the federal government is scheduled to take over security functions in November 2002, however the federal government will be staffing large airports first, so it may be a few months after that before federal employees staff the airport. At that time the two new officers will be terminated or assimilated into the force. He indicated he doesn't know what the reimbursement amount will be. The agreement says the City will be reimbursed on annual basis. There is a verbal agreement that reimbursement will be for regular time and over time. He explained one issue is can next years budget include funding for two new officers?

Council Member Gardner made a motion to approve agreement with the Transportation Security Administration of the federal government with regards to airport security. Council Member Allen seconded motion. The Mayor called for a vote as follows:

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

Motion carried by unanimous vote.

Consider approval of modification of lease agreement at the St. George Municipal Airport with Avis Rentals

City Manger Esplin indicated this move is to make room for the police support at airport. Moving Avis Rentals allows for security to be located closer to SkyWest Airlines. There will be some remodeling costs, but this will enhance the efficiency of the operations of airport security. Avis Rental will be moved to another area in the airport.

Council Member Allen made a motion to approve the modification of lease agreement at the St. George Municipal Airport with Avis Rentals. Council Member Isom seconded motion. The Mayor called for a vote as follows:

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

Motion carried by unanimous vote.

Consider approval of an assignment of engineering contract for the Middleton Wash trail design project from Sear Brown to Carter Burgess.

City Manger Esplin explained the contract amounts are the same and the individual working on it is the same person who worked on it at Sear Brown.

Council Member Gardner made a motion to approve the assignment of engineering contract for he Middleton Wash trail design project from Sear Brown to Carter Burgess. Seconded by Council Member Orton. The Mayor called for a vote as follows:

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

Motion carried by unanimous vote.

Gil Nicola, a member of the audience commented that he lives in that area and uses the trail. He thinks it was staked about eight months ago, although most of stakes are gone. He asked if that work will have to be redone and will we have to pay for it to be redone.

City Manger Esplin indicated, yes. He explained the problem is the property owner will not give the City an easement the for that trail. The cost for engineering will be same, but will have to reimburse for additional work, it's not engineers fault the stakes are gone. It had to be staked several months ago to show property owner where the easement will be.

Consider authorization for the Mayor to sign an application for a trails grant

City Manger Esplin explained the grant is from the federal government administered by State. The grant is a 50/50 matching funds and will be allocated for the Middleton Wash area. The matching funds will come from bond fund for the trail system.

Council Member Whatcott made a motion to approve authorization for the Mayor to sign an application for a trails grant. Motion seconded by Council Member Isom. The Mayor called for a vote as follows:

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

Motion carried by unanimous vote.

Consider appointments to various boards of the City

Mayor McArthur indicated there has been one resignation from hillside review board. He asked that suggestions to fill the vacancy be submitted to him.

Other Business:
Blue Bunny Wells Dairy

City Manger Esplin updated the board on the progress of the Blue Bunny Wells Dairy. He explained the company has been granted a grading permit while the details are worked out with respect to the dedication of road. He indicated they are proceeding at their risk because they have a tight time schedule. He also explained the staff is comfortable with negotiations which are on-going.

Presentation from Glen Bundy regarding his concerns

Mr. Bundy explained to the council that he is asking for response of the letter he sent to the City.

City Manger Esplin answered the first question, which concerned the City installing water service to Mr. Cottom in competition with the private sector. He explained his understanding of State law is that the City has the right to install water lines even above and beyond $25,000 limitation in the State law. He further explained the City received as compensation the equivalent amount of water shares. This incident happened at least 10 years ago.

Mr. Bundy indicated he brought it to the attention of Mr. Wayne McArthur at that time.

City Manger Esplin addressed the concern regarding blanket purchase order and work done with Western Rock and work being done for BAT tank. He explained the blanket order was effective until the end of March 2002. The actual project was started prior to expiration of blanket order. He also indicated Western Rock agreed to reduce the price by $8,000 for the entire project. The new blanket is in effect and purchases from now on will be handled with in conformance to the new blanket purchase order.

City Manger Esplin addressed the reuse issue. He explained the City is using gravel that is made from material deposited at reuse/recycle center. At the time the reuse center was established, there were letters sent to many companies requesting feedback. Based on that feedback and the need to address and resolve the issue of waste from the Waste Water Treatment plant, green waste, cement and asphalt waste, the reuse center was developed. The concerns of citizens needed to be addressed with respect to the green waste going to dump or washes. He explained the Council heard the discussion, there were meetings held and it was decided the City would provide the service to save space in the landfill and to keep waste from being dumped in washes or vacant lots. At the time the reuse center was started there was an existing company recycling asphalt and concrete but the company only served its existing customers. He explained that Public Works Director Larry Bullock provided information to the council that indicates the City is saving $120,000 annually in disposal of sludge from Waste Water Treatment Plant and not hauling the concrete and asphalt waste to landfill. He also explained that 95% of material is used on City projects, 5% is sold privately.

Regarding the firewood issue, City Manager Esplin explained it's not the City's intent to get into firewood selling business. The firewood was from clean up of trees along the Santa Clara River. Not much of it has been sold. He indicated to Mr. Bundy that if he'd like City not to sell it, it won't be sold. Although he doesn't know what will be done with it because the City doesn't want to take it to the landfill.

City Manager Esplin explained that the Street Division surveyed 9 contractors asking for feedback on the reuse center. Six were in favor of the center , Mr. Bundy was the only one against and two did not express an opinion. This is the information gathered at the time the reuse center was under consideration. He indicated the council and staff feels like it's the appropriate way to handle the waste from the City, it is environmentally sensitive and also proactive.

City Manger Esplin discussed the West City Springs project. He explained the City did issue work to be done by private contract. The Water Department choose to do some of that work and the contractor is fine with that, in fact the contractor felt that by the City doing some of the work, it helped them get the job done more efficiently. He explained that under State law the City can do $25,000 of installation. He explained that the vast majority of projects that the City can do are bid out for private industry. He indicated millions of dollars of work bid out to by the private sector each year.

Mayor McArthur indicated he read law regarding the work City's can do and what they have to bid out. The City does a great job and the reuse center is run very well. The reuse center saved citizens of County money, as well as the City. Because of the free access to the reuse center the County dump removed a fee from County residents for dumping.

Mr. Bundy indicated that he wonders if the City will stay in the business or not?

City Manager Esplin responded that as far as staff is concerned it is viable and unless council tells us not to, we will continue.

Council Member Gardner commented that we have done what we can to not compete with business. The City Council had to deal with what to do with waste if we don't have recycle center. He asked if reuse with regard to asphalt and concrete needs to be reevaluated. He asked Mr. Bundy if he has any suggestions on how to deal with these issues.

Mr. Bundy responded as far as the bid process and gravel, three years ago he bid it on an open blanket and didn't get much business. He asked how is the bid process working?

Mayor McArthur indicated the staff is to use low bidder, if the low bidder is not available use the next lowest bidder.

The group discussed the amount of road based used, approximately $25,000 a year from contractors in the City. The instructions to use the blanket orders were discussed.

Mr. Bundy expressed that he feels like bidding process is not being followed.

City Manager Esplin indicated the staff will follow up and see if the policy isn't being followed, however he hasn't had anyone else complain that procedures aren't being followed.

Mr. Bundy asked concerning how the price is set at the recycle yard. He sees customers hauling City road base and not buying from him. Mr. Bundy indicated the person running the recycle yards calls around to get prices.

Mayor McArthur commented that if he's calling to get current prices from other business, then the City isn't selling lower than competition.

Council Member Whatcott suggested that if only 5% is sold to private citizens than the center isn't affecting Mr. Bundy's business much.

Mr. Bundy indicated he had 17 hundred tons to get rid of. The City wanted to sell the base. Sue Swensen told him no one wanted it.

Council Member Whatcott commented since the policy has been changed he is hoping the staff is using City base, not purchasing it from contractors.

Mr. Bundy commented that he thinks that the staff is buying from outside contractors when it's available.

City Manager Esplin pointed out that Western Rock was used because they did have the blanket order and also because it was closer to the job site.

Public Works Director Larry Bullock explained the staff crushes the material in the yard and the departments buy what ever works for the particular job. If there is a job where it's more efficient and economical to get road base from a private source rather than the stock pile, it will be purchased. He indicated the City does not want to compete with Mr. Bundy, there isn't a problem with not accepting any waste or selling to private sector if that is a problem for him.

Mayor McArthur summarized that the question is accepting it from other sources to crush versus not taking it at the recycle center. Taking it in at the recycle center saves the private sector and end consumer and also reduces the use of the landfill.

There was discussion on whether or not to continue operating the recycle center. Alternatives were discussed. When the recycle center started the service wasn't readily available. The investment made in the recycle center was discussed.

Mr. Bundy asked if all departments can be made aware that he is the low bidder. He indicated he has seen trucks from Water Department in the last 2 weeks.

Council Member Gardner asked what the status of the reuse situation is?

Council Member Isom suggested making sure there is more than one place that waste can be taken before we stop taking it from private sector.

City Manger Esplin commented there isn't a problem in reviewing it. He explained the City saved money by not having to use the landfill. However, if the situation has changed and the private sector can go else where, the use of the reuse center can be reviewed.

Council Member Isom commented it needs to noticed it in the paper to notify the private sector.

Council Member Orton suggested the staff should analyze it, make sure an alternate location is such that private sector will use it. He doesn't want to go back to the time when waste was being dumped in the washes.

Council Member Whatcott questioned why the City would get out of the business. The crushing service was bid and there wasn't anyone interested in bidding it when it was put out. He suggested that perhaps PCI needs to be contacted to see if they want to do it.

The prior bidding was discussed. It's been bid on twice, on an annual basis. The first time only one person bid the second year there were five bidders, the low bidder was awarded the contract. The group discussed the situation. The group thought the landfill should be contacted to see what they are receiving.

Council Member Whatcott commented on the firewood, there is a stock pile of wood and what do we do with it? Is the compromise to put it out to bid to see if those who haul wood want to pick it up to resell. Perhaps they could buy it at a reasonable price and then resell it.

Consider approval of the minutes of the regular City Council meeting held March 21, 2002.

Council Member Isom made a motion approve the minutes as presented. Motion seconded by Council Member Orton. The Mayor called for a vote as follows:

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

Motion carried by unanimous vote.

Council Member Gardner made a motion to adjourn the meeting as no executive session is needed. Motion second by Council Member Isom. The Mayor called for a vote as follows:

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

Motion carried by unanimous vote.


Meeting adjourned at 6:50 PM.




Ren? S Fleming Deputy City Recorder Date