City Council Minutes

Thursday, September 4,2003



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

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

EXCUSED:
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. He then led the pledge of allegiance. The invocation was offered by Phil Solomon.

Mayor McArthur encouraged anyone wishing to participate in the meeting by leading the pledge of allegiance or offering the invocation to please contact him.

City Manager Gary Esplin recommended that two items from the agenda be tabled - Item 2B to consider an award of bid to install the north utilities project, and Item 5A to consider approval of a resolution amending various fees for planning and zoning requests and subdivision application fees.

INFORMATION ITEM:
Mayor McArthur invited Energy Services Director Phil Solomon to present an update on use of the City?s diesel generators.

Ms. Solomon explained that the City is in the process of purchasing the Bloomington generators. The City owns roughly 85% of these generators at the current time. Staff has taken the resource portfolio and calculated the cost of each resource in order to use the cheapest first, and the most expensive last. Staff meets each week as a resource group and plans for the next week and into the future. Each week the diesel plant manager brings with him the cost of diesel and what that cost relates to in price per megawatt hour. The current cost to run the generators is $75.00 a megawatt hour. Staff tries to stay out of the power market as much as possible, but during peak periods the City is exposed at 5% of its load. If the market is less than $75.00 per megawatt hour, staff will purchase power from the market. If the market is above $75.00 per megawatt hour, staff will run the generators until cheaper resources can cover the load. It is calculated that over the next six months the generators will be run about 12-14% of the time. Two years ago the generators were run 24 hours per day thinking they were an inexpensive resource, but the generators were not designed to run 24 hours per day, and the City found a better 24 hour product in Deseret. The generators are only used now to hedge the market or for peaking. The City?s policy in running its generators is now more in accordance with the Department of Air Quality.

AWARD OF BID: Consider award of bid for the Riverside Heights drainage project.

Purchasing Agent Sue Swensen recommended award of the bid to Cindy Taylor Trucking for construction of the Riverside Heights drainage project in the amount of $128,253.25..

Council Member Whatcott inquired if this was something that had to be done immediately, or could be postponed for six months in order to rebid the project since it was over the engineer?s estimate.

Public Works Director Larry Bulloch replied that if the City Council so directed, the project could be rebid. However, due to the small size of the project he did not think the City would receive any more competitive bids.

City Manager Gary Esplin stated he felt the project was critical due to the ground water problems homes in the area were experiencing.

Mr. Bulloch explained that the neighborhood has nuisance water flowing in the gutters deteriorating the concrete and creating odors. He stated the project is not urgent, but the neighborhood has been waiting a very long time for the problem to be resolved.

Ms. Swensen advised that the City received two bids, but one of the bidders then changed his mind and stated he would not participate.



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September 4, 2003
Page Two

Council Member Whatcott commented there was no question the problem needed to be fixed; he just wondered if rebidding the project had been considered.

Mr. Bulloch explained that the problem was more than just ground waster as waste water was coming from different sources. The water is also high in salts and is creating a nuisance for the neighborhood.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Cindy Taylor Trucking in the amount of $128,253.25. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid to install the north utilities project.

This item was tabled.

AWARD OF BID:
Consider award of bid for a 2004 4WD tractor with front end loader for the Parks Department.

Purchasing Agent Sue Swensen presented the bids received:

Crossroads Equipment $29,698
Nucrane Machinery $33,089
Scott Machinery $42,960
Rocky Mountain Turf $29,495

She recommended award of the bid to Crossroads Equipment in the amount of $29,495, using the 5% local preference. Crossroads has agreed to match the low bid.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award the bid to Crossroads Equipment in the amount of $29,495. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE: Consider approval of an ordinance vacating the Stone Point Townhome Phase 2 plat.

City Manager Gary Esplin explained that the developer was not reducing the number of units within the project, just putting some of them in a different phase.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the ordinance vacating the Stone Point Townhome Phase 2 plat. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of amendments to the Sign Ordinance regarding permanent signs for residential developments.

City Manager Gary Esplin explained that the Sign Review Board recommended approval of the amendments in order to make the City?s sign requirements more user friendly.

Community Development Director Bob Nicholson reviewed the proposed changes.

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

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

The vote was unanimous the motion carried.




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September 4, 2003
Page Three

RESOLUTION:
Consider approval of a resolution amending various fees for planning and zoning requests, and subdivision application fees.

This item was tabled.

RESOLUTION:
Consider approval of a resolution appointing election judges for the 2003 municipal election.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a carnival at the Red Cliffs Mall.

City Manager Gary Esplin advised that the applicant would like to hold the carnival October 9-12. Staff has reviewed the request and recommends approval.

Council Member Allen made a motion to approve the request subject to inspection by the Fire Department prior to the opening of the carnival. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for an off-site automobile sale in the parking lot of the Red Cliffs Mall.

City Manager Gary Esplin explained that there is no problem with parking, and the applicant, Stephen Wade Auto Center, is a local dealership.

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

BEER LICENSE:
Consider approval of a beer license for the Samurai 21 restaurant.

City Manager Gary Esplin explained that the restaurant will be located in The Promenade. The applicant?s fingerprints have been processed, and staff recommends approval.

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

COOPERATIVE AGREEMENT:
Consider approval of and authorization to sign a Cooperative Agreement with the Utah Aeronautical Operations Division for an aircraft fire and rescue vehicle.

City Manager Gary Esplin explained that all federal aviation grants are funneled through the State to the City, and a cooperative agreement with the State is needed.

City Attorney Shawn Guzman advised that legal staff has not yet reviewed the agreement.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement subject to review by the Legal Department. Mayor McArthur called for a vote, and all voted aye. The motion carried.

COOPERATIVE AGREEMENT:
Consider approval of and authorization to sign a Cooperative Agreement with the Utah Aeronautical Operations Division for the replacement airport EIS.



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September 4, 2003
Page Four

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

Council Member Gardner clarified that despite rumors to the contrary, the City is moving ahead with the replacement airport as designated, and there have been no attempts by the City to relocate from the site of choice.

INTRODUCTION OF SCOUT:
Mayor McArthur invited a Scout from Troop 529 to introduce himself.

DINOSAUR TRACK SITE DESIGN-BUILD PROJECT:
Consider approval of the dinosaur track site design/build project.

City Manager Gary Esplin explained that this matter was discussed at the last City Council meeting. A Committee was appointed to review the proposals and the applicants were narrowed down to three. The Committee has now made a recommendation for City Council consideration.

Leisure Services Director Kent Perkins displayed a model of the project. He advised that the City received 15 RFQs and interviewed five. The Selection Committee then chose three to submit formal proposals. The Committee now recommends award of the design-build contract to Bird Construction in a guaranteed lump sum bid amount of 1.2 million. Work will commence immediately with completion scheduled for the first week of May, 2004.

Mayor McArthur inquired if the question about relocation of the entrance off the parking lot had been addressed, as the entrance was proposed to be located in a place that will be excavated.

Mr. Perkins replied that the contractor has been asked for an adaptation to relocate the entrance to allow enough room for the excavation, without making major changes to the project. However, until the contract is awarded and engineering completed, it will be difficult to pin down where the next site to be excavated will be. 12 full bays included in the first phase of the project will cover a majority of the site.

Mayor McArthur explained that the building will be built on top of the ground and will not penetrate the ground with footings. Because of this the building can be moved if need be. Local contractors will also be used.

Mr. Perkins explained that because the project is a design-build, the City has a lot of control and can be sure local contractors are used. It is expected that at least 75% to 90% of the work will be done locally.

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

DISCUSSION RE MARATHON:
Council Member Isom asked Leisure Services Director Kent Perkins to address the fact that the City does not sponsor any groups in connection with the marathon.

Mr. Perkins replied that the City does not endorse any fundraising group associating itself with the marathon.

Mayor McArthur encouraged participation in the Mayor?s Walk.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 26, 2003, recommended that a public hearing be scheduled for October 2 at 5:00 p.m. to consider a zone change for a portion of Halfway Wash from R-3 to OS on 4.49 acres located at approximately 1550 West 1040 North. Brian and Heidi Neville are the applicants.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to schedule the public hearing as recommended by the Planning Commission. 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 August 26, 2003, recommended approval of the final plats for South Point Phase 9, Linda Kirkpatrick applicant, and Desert Sands at Painted Desert Phase 4, Korey Kinder, agent.


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September 4, 2003
Page Five

A motion was made by Council Member Isom and seconded by Council Member Gardner 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.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 26, 2003, recommended approval of the preliminary plat for Olive Tree with 68 patio homes located between Dixie Drive and the Santa Clara River at approximately 850 South Dixie Drive. Lynette Miller is the agent. A privacy wall will be required along Dixie Drive, as well as landscaping with street trees between the Dixie Drive sidewalk and the six foot privacy wall, an updated traffic study, and access to the trail. The Planning Commission recommended approval subject to an updated traffic impact study, with deceleration lanes for the new proposed alignment of Canyon View Drive to help address traffic along Dixie Drive. The applicant is aware of the requirements. A trail will be constructed in lieu of a sidewalk, and a donation to the City of 20 acres will be forthcoming.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the preliminary plat subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

DETERMINE PARKING REQUIREMENTS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 26, 2003, recommended approval of a proposed parking requirement for the proposed Entrada Club House located on Entrada Trail off of Snow Canyon Parkway. Howard Sierer is the applicant. Mr. Bradley displayed a site map, and advised that 61 parking spaces will be provided along with the new Club House, with an allowance for shared parking with the golf course and sports center. The Planning Commission recommended approval based on the private use of the facility, and with the understanding that the applicants would have to vacate a lot out of Anasazi Hills Phase I for the proposed 61 new parking spaces.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the parking requirements as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

DETERMINE USE RECOMMENDATION:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 26, 2003, determined that a mobile/non-permanent food service operation was in harmony with the intent and purpose of the C-2, C-3 and C-4 zones, and recommended that staff draft an amendment to the Zoning Ordinance to consider the uses under conditional use permits.

City Manager Gary Esplin explained that this use is different than a normal restaurant operation as it will be in a mobile unit. There is a fairness issue, as restaurants who occupy buildings have to pay for the building, pay property tax, and provide rest rooms and parking, and mobile non-permanent restaurants would be in direct competition with them.

Mayor McArthur commented that a successful mobile restaurant could possibly fill a parking lot, and perhaps they should only be allowed in places which have excess parking.

Council Member Gardner commented that he would hate to see staff take the time to draft an ordinance if the attitude of the City Council is the same as it has been in the past, and that philosophy has been to require all businesses to be on the same playing field.

Community Development Director Bob Nicholson explained that mobile, non-permanent restaurants are allowed in other places, and if the City Council desired, staff could spend some time looking at what standards are required elsewhere. Excess parking, size and appearance should be considered.

Council Member Allen advised that the applicant had good information at the Planning Commission meeting, but the major concern was fairness to other businesses.

City Manager Gary Esplin commented that a mobile restaurant does not provide rest rooms, so their patrons will go next door to a business who has one and paid to put them in. Mobile restaurants will also locate where there is a lot of activity, generated by other businesses who are providing these services. It is a fairness issue. He stated he was not sure whether this type of business was in harmony with the intent of the commercial zones. He commented that the City Council had discussed this issue in the

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September 4, 2003
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past, and felt strongly that this type of business was not going to be allowed as it will detract from the downtown, and the City is trying to build up the downtown.

Council Member Allen advised that the Planning Commission felt this type of business met the intent of the commercial zones, however, she did not think everyone was unanimous about the idea of having them become a standard in the community.

Council Member Whatcott commented that in his opinion, nothing has changed from previous discussions, and there was no need to consider an amendment to the City?s ordinance.

Council Member Allen made a motion to deny the request based on the City Council?s finding that a mobile restaurant was not in harmony with the intent and purpose of the commercial zones, nor was it fair to permanent businesses. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a four story addition to the Crystal Inn at 1450 South Hilton Drive. Jeff Dymock, agent for Crystal Inn, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 26, 2003, recommended approval of the request with the understanding that parking and landscaping requirements have to be met and enclosed dumpsters required. The applicant is requesting a height increase up to 42 feet 1 inch (42'1"). The addition will match the existing building in style and color. The existing tennis courts will be eliminated from the site in lieu of the proposed addition and parking. 15% of the site will be landscaped. Parking requirements for the additional 52 rooms are met.

Jeff Dymock, agent, explained that the extra fourth floor will bring in $22,000 a year in taxes for the City. He stated plans are to draw business to St. George from Salt Lake City, and he felt the rooms could be filled.

A motion was made by Council Member Whatcott to approve the request for a height up to 42 feet 2 inches (42'2"). The motion was seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ENGINEERING SERVICES CONTRACT:
Consider approval of a contract with Alpha Engineering for engineering services for portions of Horseman Park Road, 3300 South, and 2350 East.

City Manager Gary Esplin explained that the subject property is some the City purchased and is trading to the School District. The City is sharing some of the costs of road improvements and staff recommends approval of a contract with Alpha Engineering in the amount of approximately $94,000.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the contract.

City Attorney Shawn Guzman suggested that any approval be made subject to legal review.

Council Members Gardner and Allen agreed to add this stipulation to their motion.

Mayor McArthur called for a vote, and all voted aye. The motion carried.

OVERNIGHT USE OF PARK:
Consider a request for overnight use of Tonaquint Park. Becky Cox, applicant.

City Manager Gary Esplin explained that the City?s ordinance requires City Council approval for after-hours use of a park. The applicant would like to use the park September 19-20. Staff advises that the applicant used the park last year without any resulting problems. Staff recommends approval.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the request.

Becky Cox, applicant, explained that the kids are ages 8-12, and there will be at least 10-12 chaperones.

Mayor McArthur called for a vote, and all voted aye. The motion carried.


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September 4, 2003
Page Seven

CERTIFICATE OF PARTICIPATION:
Consider approval of a Certification of Participation required for refinance of the UAMPS Central-St. George 138 KV project.

City Manager Gary Esplin explained that the City is trying to refinance, through UAMPS, the 138 KV line in which the City is majority participant. This line brings power from Central to St. George. In order to refinance, the Certificate of Participation must be approved. Approval will result in a savings of $900,000, plus $75,000 a year in payments. Staff recommends approval.

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

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts from Troop 556 to introduce themselves.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held August 7, 2003.

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

Consider approval of the minutes of the City Council work meeting held August 14, 2003.

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

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

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

The vote was unanimous and the motion carried.

Council Member Isom was excused from the meeting.

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

ENTRADA ISSUES:
A brief discussion was held concerning water issues involving Entrada. Staff was instructed to change out a water meter because it may be malfunctioning.

A discussion was then held about the fungus/blight which is affecting the Entrada and Blackrock Nine at Sunbrook golf courses.

SUNBROOK GOLF COURSE ISSUE:
City Manager Gary Esplin advised that four holes have been lost at Blackrock due to a fungus/blight. This fungus has never been seen before in St. George or Las Vegas, and is resistant to fungicide. He suggested that the entire golf course be closed for two weeks in order to overseed on the point and Woodbridge, and reopen 18 holes by October 1 to accommodate tournaments which have been scheduled. Blackrock will remain closed until November 1. He recommended that the four holes affected be sodded with a hybrid bermuda grass, which is resistant to the fungus.

FLOODING ISSUE:
City Manager Gary Esplin advised that he met with engineers about the recent flooding in the Bloomington Hills area, and the Corp has agreed to let the City cut out tamarack in the wash. Crews will be mobilized September 22 to begin this work.




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September 4, 2003
Page Eight

ROSENBRUCH ISSUE:
City Manager Gary Esplin explained that staff is trying to figure out a way to refund bonds so Mr. Rosenbrush can lower his costs of operation of the museum. It is proposed that WCIA Bonds be issued for this purpose.

PLANNING COMMISSION:
It was recommended that training be held for Planning Commission members. City Manager Gary Esplin also recommended that the City Council meet with the Planning Commission every fifth Thursday.

The meeting then adjourned.



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Gay Cragun, City Recorder