City Council Minutes

Thursday, November 6,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 6, 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 Rod Orton
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Ed Baca and the invocation was offered by Mark Bradley. Mayor McArthur invited anyone wishing to lead the pledge of allegiance or offer the invocation to please let him know. He then congratulated those Council Members re-elected to office.

Council Member Gardner arrived.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming Thursday, November 20 as Feed America Thursday in St. George.

Ralph Flanagan, Director of Dixie Care and Share, advised that the Care and Share is in its 22nd year of operation, and recently opened an auxiliary food bank in Hurricane.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming the week of November 16-22 as Aviation Week in St. George.

Airport Manager Dave Ulane advised that the Wright Flier was coming to the St. George Airport November 21 and 22 and the public was invited to attend free of charge.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming November 13-25 as St. George Family Week.

The organizers of Family Week, Becky Cox, Linda Sappington, Teresa Willie, Liz Dayton, and Georgia Gilmore explained that there would be many community events and contests.

Mayor McArthur then recited a poem.

PRESENTATION:
Council Member Allen advised that the Dixie High Boys Golf Team recently took State.

Coaches Craig Hammer and Reed McArthur introduced the team members, who were congratulated by the Mayor and City Council.

CONSENT CALENDAR: Consider approval of the financial statement for September, 2003.

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

AWARD OF BID:
Consider award of bid for the landscape project for Fire Station #7.

Purchasing Manager Sue Swensen presented three bids received:

U.S. Landscaping and Maintenance $56,816.79
Sunset Pools and Landscaping $61,415.00
Raintree Landscaping $68,750.00

She recommended award of the bid to the low bidder, U. S. Landscaping and Maintenance, in the amount of $56,816.79.



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November 6, 2003
Page Two

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, U. S. Landscaping and Maintenance, in the amount of $56,816.79. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider approval of a change order for the new water tank at the Quail Creek Water Treatment Plant.

Purchasing Manager Sue Swensen explained that a change order was needed for construction of the 9,000,000 gallon tank at Quail Creek Treatment Plant as the cost for labor and material for the inlet, outlet, overflow structures and piping was not included in the contract with ERO Construction. The proposed cost is $110,907.

Mayor McArthur explained that the new water tank will be the largest in the City?s system.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the change order in the amount of $110,907 with ERO Construction. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVE ADDITIONAL SITE EVALUATIONS:
Consider approval of additional site evaluations for the arsenic removal plant which will treat the Gunlock water.

Purchasing Manager Sue Swensen explained that additional site evaluations were needed for the arsenic removal plant which will treat Gunlock water. The cost will be $19,050 with Carollo Engineers.

Water Services Director Barry Barnum explained that EPA regulations require the City to reduce arsenic levels in its drinking water by 2006, and this will require treatment of the water from the Gunlock wells. Through meetings with the Shivwits Band, a site for the plant was selected. However, the Band has now requested the City perform an evaluation of other sites. A pilot plant study will be done during the first three months of 2004, and depending on the results, the plant will be designed and constructed and on line in time to meet the deadline.

City Manager Gary Esplin explained that the site will also be used for a treatment facility for Gunlock water.

Mr. Barnum explained that while the arsenic levels in both the surface and well water at Gunlock violate the new arsenic standards, there was no danger.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve additional site evaluations in the amount of $19,050. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a playground structure.

Purchasing Manager Sue Swensen recommended purchase of an integrated shade shelter/playground structure for the Blake Memorial Park in the amount of $27,678 with Sonntag Recreation.

A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to Sonntag Recreation in the amount of $27,678. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Parks Superintendent Lynne Scott advised that the life expectancy of the fabric shade structure is at least ten years.

AWARD OF BID:
Consider award of bid for single phase solid state meters.

Purchasing Manager Sue Swensen recommended that a blanket purchase order be established in an amount not to exceed $68,000 for the year with the sole source supplier.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to establish a blanket purchase order with the sole source supplier in an amount not to exceed $68,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.


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November 6, 2003
Page Three

AWARD OF BID:
Consider award of bid for aluminum sulfate for the Quail Creek Water Treatment Plant.

Purchasing Manager Sue Swensen advised that several bid requests were sent out, but only one was received. She recommended award of the bid to Thatcher Chemical in the amount of $47,475.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to Thatcher Chemical in the amount of $47,475. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for sodium hypochlorite.

Purchasing Manager Sue Swensen advised that several bid requests were sent out, but only one was received. She recommended award of the bid in the amount of $29,250 to Thatcher Chemical.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Thatcher Chemical in the amount of $29,250. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for chemicals and repair parts for City pools.

Purchasing Manager Sue Swensen advised that several bid requests were sent out, but only two received. She recommended award of a blanket contract with Johansen?s Pool Service in an amount not to exceed $35,000 for the year.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award a blanket contract to Johansen?s Pool Service in an amount not to exceed $35,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for power activated charcoal.

Purchasing Manager Sue Swensen presented the bids received:

Thatcher Chemical $52,000
LA Chemical $33,200.

She recommended award of the bid to LA Chemical in the amount of $33,200.

A motion was made by Council Member Allen and seconded by Council Member Isom to award the bid to LA Chemical in the amount of $33,200. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE:
Consider approval of an ordinance accepting the annexation petition for the Burton Burgess property located along South Dixie Drive.

Community Development Director Bob Nicholson explained that acceptance of the annexation petition will begin a 30 day public comment period, after which a public hearing will be scheduled. The property is known as the Burton Burgess property and contains 106 acres.

A motion to accept the annexation petition by ordinance was made by Council Member Gardner and seconded by Council Member Isom. 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
Council Member Orton - aye

The vote was unanimous and the motion carried.

FRANCHISE ORDINANCE:
Consider approval of an franchise ordinance and right-of-way agreement with Utah Interlinx.

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November 6, 2003
Page Four

Energy Services Director Phil Solomon explained that Interlinx proposes to help the City complete its SCADA network and will provide 12 fibers within its system dedicated for City purposes. In exchange the City will provide them right-of-way access on its poles and power system. This agreement will help the City reduce its costs as it is currently paying Qwest to use the phone lines for its SCADA system. The agreement is a win-win for both parties.

Council Member Whatcott inquired about the potential franchise fee loss.

Mr. Solomon replied that over 20 years, the loss could amount to 1.5 to 3 million in franchise fees, but the City can charge franchise fees to others who use the system.

Council Member Gardner commented that the City must also consider the economic development benefits Interlinx will provide by bringing in additional jobs and increasing the tax base.

Mayor McArthur commented that this agreement will also provide redundancy.

Mr. Solomon advised that City crews will hang the strand to make sure all clearance codes are met.

Council Member Whatcott inquired if the contract allowed for a franchise fee in 20 years from now.

Mr. Solomon replied that this is one of the things he and the City Attorney have been discussing, but staff recommends approval of the document with a few minor legal changes.

Chris Chandler, Vice President of Marketing for Interlinx, explained that the franchise fees will be passed through to the actual service providers who use the network.

City Attorney Shawn Guzman explained that any third party who provides services will be subject to the franchise fee ordinance.

Lowry Snow advised that Interlinx will make a list accessible to the City of any providers who are accessing the line so that the City can collect revenue. This provision will be added to the agreement.

City Attorney Shawn Guzman advised that Interlinx has also agreed to lease to third parties any unused portion of the City?s bundle if Interlinx has already leased its share of the bundle, with proceeds of the lease paid to the City.

Mr. Chandler advised that if the City needs more, Interlinx will be responsible for providing more, but the amount the City is accessing on the first loop is a substantial amount.

Mr. Guzman advised that Interlinx has also agreed to connect the City with County facilities located within the City.

City Manager Gary Esplin advised that staff feels comfortable enough with the framework of the agreement to recommend approval subject to his final review.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the franchise ordinance and right-of-way agreement subject to final legal review. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-2 Multiple Family Residential to C-3 General Commercial on 0.65 acre located at approximately 150 North 400 West. Troy Newby, applicant.

Community Development Director Bob Nicholson explained that the subject property is part of the former Newby Car lot on St. George Blvd. at 400 West. The property is surrounded by commercially zoned property. The Planning Commission recommends approval.

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November 6, 2003
Page Five

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND PD COMMERCIAL ZONE/ORDINANCE:
Public hearing to consider approval of an amendment to the PD Commercial zone to allow two temporary modular units as classrooms for a maximum of two years for the existing Raindancer Youth Services at 115 West 1470 South and up to 145 students (58 housed on site). Raindancer Youth Services (Tom Hatch), applicant.

Community Development Director Bob Nicholson explained that the applicant purchased the former Brightway Center. The original request was for four modular units, but the request was scaled back to two units for up to two years. The modular units are similar to those the School District is using. Raindancer currently has 20 full time staff members, but if the request is approved, they will increase the staff to 23. The facility is licensed for 58 kids to be housed on site, and another 87 foster children during daytime hours. Brightway is licensed with the state for 145 kids. There are 34 parking spaces on site. The applicant has committed that the modular units would only be used for two years.

Tom Hatch, applicant, advised that he changed his request from four modular units to two so that he would not have to add to the parking lot. The corporate office has been moved off-site to free up more parking spaces without taking away from the playground.

Mayor McArthur opened the public hearing.

Community Development Director Bob Nicholson advised that the Planning Commission unanimously recommended approval.

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

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the amendment to the PD Commercial zone by ordinance as requested. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ANNEXATION POLICY/ORDINANCE:
Public hearing to consider approval of an annexation policy plan for the City of St. George.

Community Development Director Bob Nicholson explained that new state annexation laws requires the adoption of an annexation policy plan which sets forth the potential expansion areas and standards for annexation.

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

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




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November 6, 2003
Page Six

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ZONING ORDINANCE:
Public hearing to consider approval of an amendment to the Zoning Ordinance, Chapter 2, Definitions, to delete a potion of the family definition regarding college students.

Community Development Director Bob Nicholson advised that a few years ago the City amended the definition of a family to include language with regard to college student housing. This has created a problem, and the requested action is to delete language which requires there be no more than three bedrooms in a dwelling unit. The new trend in student housing is for single occupancy rooms.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.
Council Member Whatcott commented inquired why language limiting no more than two students per bedroom was being eliminated.

Mr. Nicholson replied that this language could be left in, as the main purpose of the change was to delete the three bedroom per dwelling unit limitation.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the suggested change to the ordinance, leaving in the requirement that there be no more than two students per bedroom. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

INTRODUCTION:
Community Development Director Bob Nicholson introduced Ray Snyder, the City?s new Associate Planner from Big Bear Lake, California.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts from Troop 534 to introduce themselves. He then called for a five minute break.

Council Member Isom was excused from the meeting.

TABLE ITEM:
City Manager Gary Esplin advised that Item 6AF, a request to build a home at 3000 South 3000 East without dedication of the road right-of-way, was tabled from the agenda at the applicant?s request.

REQUEST TO CLOSE STREET:
Consider a request to close 300 East between 400 and 500 South for the annual Christmas lighting ceremony at the temple. Church of Jesus Christ of Latter-Day Saints, applicant.

City Manager Gary Esplin advised that the request has been reviewed by staff, and approval is recommended.

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

DINOSAUR SITE AGREEMENT:
Consider approval of a dinosaur site agreement with the DinosaurAh!Toriom.

City Manager Gary Esplin advised that staff recommends approval.


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November 6, 2003
Page Seven

City Attorney Shawn Guzman briefly summarized the agreement.

Council Member Orton inquired if the agreement contained a termination clause.

Mr. Guzman advised that the agreement provides for a review in entirety every two years, at which time the agreement could also be terminated. He recommended that any approval be made subject to legal review, as the parties were still trying to work out some loose ends.

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

Gary Watts stated that a new find would be announced that will move all timelines of discovery of certain specimens by ten million years for the entire western hemisphere. He stated the site is a world-class site, and is still in the discovery mode. Most of the finds are not on the Johnson property, however, but on property across the street. The finds across the street are now estimated at 4.5 million in value.

ANNUAL AUDIT REPORT:
Consider acceptance of the annual audit report for fiscal year ending June 30, 2003 for the City.

Finance Director Phil Peterson advised that the annual audit is complete and all financial statements comply with applicable accounting procedures as required by GAP. The city has $310,000,000 in assets, and all City funds are within budget. There were a few minor findings pointed out in the audit, which will be remedied.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to accept the annual audit. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 28, 2003, recommended that public hearings be scheduled for December 4, 2003 at 5:00 p.m. to consider the following:

(1) A zone change from R-2, R-3 and R-4 to RCC in areas of the downtown from 400 East to 400 West and 100 South to 600 South. City of St. George, applicant.

(2) An amendment to the Walmart PD to allow for a car wash on the outlot pad north of the existing gas station on Pioneer Road. Randy Simonsen, applicant.

(3) An amendment to the Zoning Ordinance for Residential Treatment Centers, Chapter 10, Commercial Zones, to eliminate residential uses within C-2, C-3 and C-4 zones and add Residential Treatment Centers as a conditional use permit in Chapter 5, Agricultural Zones, with five acres minimum lot size. City of St. George, applicant.

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

FINAL PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held October 28, 2003, recommended approval of the final plat for Neilson Commercial Subdivision. Marc Brown is the agent.

A motion to approve the final plat and authorize the Mayor to sign it was made by Council Member Whatcott and seconded by Council Member Gardner. 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 bed and breakfast inn located in a landmark home at 242 South 100 East. Tom Bachman, applicant.

Associate Planner Mark Bradley explained the purpose of a landmark site, and advised that a determination must be made if the proposed use is in harmony with the neighborhood. The Planning Commission recommended approval of the request, and also to allow the applicant to reside at the location.

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November 6, 2003
Page Eight

A motion to approve the request for a conditional use permit and to allow the applicant to live on site was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

REQUEST TO BUILD HOME:
Consider approval of a request to build a home at approximately 3000 South and 3000 East in Little Valley without dedication of the road right-of-way as previously required by the City Council. Ralph Seegmiller, applicant.

This item was tabled.

PRESENTATION:
Presentation from Mr. Paul Bevan.

This item was tabled because the applicant was not present.

APPROVAL OF CONTRACT:
Consider approval of a contract with Landrum and Brown to complete an EIS for the replacement airport.

Airport Manager Dave Ulane advised that last September the FAA decided an EIS was needed for the new replacement airport as the result of a court ruling in May, 2002. After a competitive selection process, the FAA selected Landrum and Brown.

Council Member Gardner was excused from the meeting.

Mr. Ulane advised that Landrum and Brown will do all the studies required, plus all the extra things as a result of the court ruling. He then introduced Mark Perryman, Vice President of Landrum and Brown and project manager.

Mr. Perryman advised that he is anticipating 18 months for the technical study. The study will then be turned over the FAA for their decision process which is another three to six months. He advised that Landrum and Brown has been in business since 1949, and is the oldest aviation company in the country. They specialize in nothing but aviation projects. He advised that he is in charge of the environmental division, and Landrum and Brown has the resources to get the job done properly and in a timely manner. He committed to getting the EIS done as quickly as possible.

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

Public Works Director Larry Bulloch advised that there may be some contingencies which will require a change order if the FAA requires further work.

SPECIAL EVENT PERMIT:
Consider on an emergency basis a request for a special event permit for Simmons Media Group.

City Manager Gary Esplin explained that events held outdoors or those with a major impact on the City require a special event permit. The City just became aware in the last few days of this event.

An unidentified man explained that $10,000 will be given away on Friday night at Hurst Ace Hardware. It is expected that more than 1,000 people will gather in the Hurst parking lot. Requirements for security and parking have been met.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 2, 2003.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minutes as presented. 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 October 9, 2003.


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November 6, 2003
Page Nine

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

Consider approval of the special City Council meeting held October 14, 2003.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes as presented. 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 personnel item and property acquisition was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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

RESCHEDULE PUBLIC HEARINGS:
A motion to reschedule the public hearings previously set for December 4 until December 18 was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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




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Gay Cragun, City Recorder