City Council Minutes

Thursday, January 8,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 8, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Larry Gardner
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Sharon Isom
Council Member Suzanne Allen
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 Council Member Sharon Isom, and the invocation was offered by Council Member Larry Gardner.

Mayor McArthur advised that Fire Station No. 7 was dedicated immediately before this meeting. He explained that the City?s fire stations serve as the place for a neighborhood to congregate in case of an emergency as all fire station have emergency power. The Dixie Downs Fire Station No. 7 will also serve as a back-up facility for police communications.

PROCLAMATION:
Mayor McArthur read a proclamation declaring January 21 as Big Brothers Big Sisters Day in St. George.

Council Member Suzanne Allen invited members of the Big Brothers Big Sisters Board to introduce themselves. Members present were Joanne Shugart, Terri Iverson, Tammy Fullerton, Jenny Cannon, and Bob Graham. They advised that information on the program could be viewed online at www.bbsu.org.

HERITAGE DAYS:
Vonda Larsen advised that Saturday, January 17 is St. George?s 142nd birthday, and it will again be celebrated with Heritage Days. She then mentioned some of the events planned for the celebration.

PRESENTATION:
Police Chief Marlon Stratton presented 14 yr. old Paul Medina with a plaque in appreciation for his honesty and integrity in turning into the police a wallet he found containing $173.00.

Mayor McArthur then presented Paul with an annual pass to the Sand Hollow Aquatic Center in appreciation for his good deed.

PRESENTATION:
Conservation Coordinator Ren? Fleming presented the Mayor and City Council with the newly published Energy Services annual report, as well as the new conservation calendar. She advised that the new landscaping outside the City Office will be using less water than used previously to water the grass, and explained that non-culinary water will be used.

INTRODUCTION:
City Manager Gary Esplin introduced Matt Loo, the City?s Economic Development Specialist.

TABLE ITEMS:
City Manager Gary Esplin advised that Item 2G to consider approval of a change order for a portion of reuse line to serve the Ledges development, Item 3A, a public hearing to consider an amendment to the General Plan Land Use Map from medium density residential to commercial for the area at the southwest corner of 1800 North and Dixie Downs Road and the corresponding ordinance, and Item 3B, a public hearing to consider a zone change from RE-37.5 to C-3 with a development agreement for the use of storage sheds on 1.34 acres located at the southwest corner of 1800 North and Dixie Downs Road, and the corresponding ordinance, would be tabled from the agenda.

AWARD OF BID:
Consider award of bid for the West Bloomington Drainage Phase II project.

Purchasing Agent Sue Swensen presented two bids received:

H. E. Davis Construction $457,498
Interstate Rock $561,419.68



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January 8, 2004
Page Two

She recommended award of the bid to the low bidder, H. E. Davis, in the amount of $457,498.

Project Engineer Jay Sandberg explained that the cost is high because the reuse line was included in the project. The reuse line portion totals $186,000, with the engineering drainage portion totaling $233,000. This line will tie the system together from the Navajo Detention Basin and Ute Road to the sewer treatment facility.

A motion was made by Council Member Isom and seconded by Council Member Orton to award the bid to the low bidder, H. E. Davis Construction, in the amount of $457,498. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Green Valley/Indian Hills Storm Drain project.

Purchasing Agent Sue Swensen presented four bids received:

Barton Excavating $142,571.80
H. E. Davis Construction $173,126.70
Flying W Resources $165,349.70
Interstate Rock $194,137.50

The engineer?s estimate was $126,920. She recommended award of the bid to the low bidder, Barton Excavating, in the amount of $142,571.80.

Council Member Allen inquired why all the bids came in over the engineer?s estimate.

Project Engineer Jay Sandberg replied that the bidding climate on smaller projects is such that contractors are bidding higher. He explained that this project ties the Shadow Mountain detention basin into Indian Hills Drive before it hits Valley View Drive, and is part of the overall project in Green Valley.

A motion was made by Council Member Orton and seconded by Council Member Allen to award the bid to the low bidder, Barton Excavating, in the amount of $142,571.80. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for one ton truck for the Water Services Department.

Purchasing Agent Sue Swensen advised that invitations to bid were sent to all local vendors, but only one bid was received from Butterfield Ford through the State contract in the amount of $27,522.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to Butterfield Ford through the State contract in the amount of $27,522. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur commented that at the National League of Cities and Towns conference there was talk of procurements on a national scale which may drive costs lower than state bids. This does not apply to everything, but does apply to office supplies

Ms. Swensen confirmed that procurements on a national scale currently do not apply to vehicles.

Council Member Whatcott requested more information on the truck.

Ms. Swensen replied that it was a one ton, full size, diesel, pickup with an extended cab and single rear axle.

City Manager Gary Esplin explained that the City has a standard specification for vehicles, and he and the department head have to approve any additional options.

AWARD OF BID:
Consider award of bid for a one and one-half ton chassis/cab truck for the Water Services Department.

and

Consider award of bid for one and one-half ton cab/chassis truck for the Wastewater Collections Division.

Purchasing Agent Sue Swensen explained that she requested bids from local and out-of-town vendors, but only one bid was received from Butterfield Ford through the State contract in the amount of $25,910. She explained that this truck consists of a regular cab and chassis, diesel engine, extended bed, and a dump body will be installed. The

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January 8, 2004
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truck for the Wastewater Collections Division is diesel and has an extended cab with a utility bed.

A motion was made by Council Member Gardner and seconded by Council Member Isom to award both bids to the low bidder as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for materials for the T-Bone Mesa waterline project.

Purchasing Agent Sue Swensen advised that two bids were received; one from Scholzen, and one from Plumbers. She recommended award to the low bidder, Plumbers, in the amount of $82,900.

Water Superintendent Frank Kell explained that the water line will run through turtle habitat from the T-Bone Mesa to the mixer box, but will not disturb the habitat at all as it will be put inside the existing pipe.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to Plumbers in the amount of $82,900. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CHANGE ORDER:
Consider approval of a change order for a portion of reuse line to serve the Ledges development.

This item was tabled.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map from medium density residential to commercial for the area at the southwest corner of 1800 North and Dixie Downs Road. E&F Investments, applicant.

This item was tabled.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RE-37.5 Residential Estates to C-3 General Commercial with a development agreement for the use of storage sheds on 1.34 acres located at the southwest corner of 1800 North and Dixie Downs Road. E&F Investments, applicant.

This item was tabled.

ORDINANCE:
Consider approval of an ordinance amending the Sign Ordinance with regard to political signs and the definition of ?movable free-standing signs.?

Community Development Director Bob Nicholson read the current and proposed definitions of ?movable free-standing signs.?

City Attorney Shawn Guzman commented that the proposed change to the ordinance will not change how the City interprets or enforces the Sign Ordinance as the intent of the change is just to clarify.

Mr. Nicholson then reviewed proposed changes with regard to political signs.

Council Member Isom commented that many people mistakenly assume that political signs must be taken down after a primary election, but they are allowed to remain until after the general election.

Council Member Allen suggested that the time to remove political signs after an election be shortened from ten days.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the ordinance as presented with the time to remove political signs after an election shortened from ten days to five. 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
Council Member Orton - aye

The vote was unanimous and the motion carried.

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January 8, 2004
Page Four

CONDITIONAL USE PERMIT EXTENSION:
Consider approval of a request for a three month conditional use permit extension for the relocation or compliance of the Children?s Orchard Child Care at 195 South Main. Tabitha Reid, applicant.

Community Development Director Bob Nicholson explained that the applicants, in June, appeared before the City Council to request an expansion of their day care business. They expanded their business to 24 hours a day, seven days a week. The City Council denied the request but gave the applicants six months to come into conformance or relocate. The applicants now propose to relocate but the proposed relocation site, in a commercial zone, is not expected to be vacant until March.

Tabitha Reid, applicant, explained that the building they would like to move into will not be vacant until March or April.

City Manager Gary Esplin commented that any approval by the City Council would not be to extend a conditional use permit, rather to continue to allow them to operate until they move into the new facility.

Council Member Whatcott commented that the applicant was approved for 24 children, yet they had 90. He inquired if the applicant had come into compliance and reduced the number of children they care for to 24.

Council Member Gardner commented that instead of coming into compliance, the applicants are moving.

Council Member Whatcott commented that the City Council?s previous ruling was two-fold, and the applicant must come into compliance.

Council Member Gardner commented that the applicants would not have to move if they were in compliance.

Ms. Reid advised that to be in compliance they would have to live on the premises, and that would be impossible as there are no shower facilities, and the day care could only be open from 8:00 a.m. to 3:00 p.m. for the children, and 8:00 p.m. to 5:00 p.m. for the staff.

Mayor McArthur inquired of the applicant if she was sure she would be able to move into the new facility within the time requested.

Ms. Reid replied that if they could not relocate by then, they would shut down. They have only a temporary permit from the Fire Department to operate until then.

Laura Woolsey, Business License Officer, advised that Fire Marshall Kevin Taylor will allow 90 children and an extension to operate until April 1.

A motion was made by Council Member Gardner and seconded by Council Member Allen to allow the applicant to operate until April 1 or to be consistent with the Fire Marshall?s extension.

Council Member Allen inquired if there were an overrun of a few weeks, if the applicant would have to again appear before the City Council or simply speak to the Fire Marshall.

Mayor McArthur replied that the applicant would again have to appear before the City Council. He then called for a vote, and all voted aye. The motion carried.

Ms. Reid inquired about procuring a business license.

Mayor McArthur advised Ms. Reid that a business license could not be obtained because she did not have a conditional use permit.

City Attorney Shawn Guzman advised that a business license would be required for the new location.

AGREEMENT:
Consider approval of an agreement with the New Santa Clara Field Company for the installation of a pressurized irrigation system.

Water Services Director Barry Barnum explained it is proposed the City pay for the installation of the pressurized irrigation system for the new Santa Clara Field Company for the reason that the agreement will allow the City to provide the Shivwits with reuse water in place of the culinary water the City is now obligated to provide. As part of the Shivwit settlement, the City is required to provide up to 3 cfs of water from the three new Gunlock wells. This is a good opportunity to provide them with reuse water, which

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January 8, 2004
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also allows the City to use the pipeline to the Ivins Reservoir for reuse distribution. Most of this cost will be paid by the Washington County Water Conservancy District. The City is not a member of the New Santa Clara Field Company.

Mayor McArthur commented that the ability to use reuse water in place of culinary water is good for everyone involved.

City Manager Gary Esplin commented that the City is also being provided an opportunity to use two difference sources for culinary water .

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

AGREEMENT:
Consider approval of an agreement with the Washington County Water Conservancy District for installation of 13,000 feet of irrigation pipeline to serve as the reuse line.

Water Services Director Barry Barnum explained that as part of the pipeline project discussed in the last item, the Washington County Water Conservancy District will install the first 26,000 feet of pipeline. The City will then need to extend an additional 13,000 feet to connect to the reuse line. The cost is $910,000. This will all be done as one project with the Conservancy District, and the proposed agreement is for payment of the cost to extend the pipeline.

City Manager Gary Esplin advised that this project will be bid out, and the bid will be extended for the entire project. Money used to pay for the project will have to be taken from the Wastewater Treatment account, but is reimbursable.

Mr. Barnum advised that the New Santa Clara Field Canal Company received a loan from the Division of Water Quality for 75% of the project. The City will front 25% of the cost of the project and take over their payments for the next 20 years.

City Manager Gary Esplin commented that the City could also pay off the loan if it chose to do so.

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

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for improvements at the Diagonal and Bluff Street intersection.

City Manager Gary Esplin explained that the proposed agreement with the State is to redesign and make improvements to the intersection of Bluff and Diagonal.

City Engineer Dave Demas explained that the drawings have been completed, but it will be two to three weeks before the specifications will be put out. The project will have to be bid under a State contract, but it will be completed this fiscal year. There will be a free right turn at Diagonal separated from the Bluff Street traffic.

City Manager Gary Esplin advised that a median will also be installed so that there can be no left turns onto Diagonal.

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

Public Works Director Larry Bulloch advised that the Tonaquint bridge project will be completed this spring. Hard surfacing of Skyline Road will be done as soon as the weather permits, probably in March.

City Manager Gary Esplin advised that Riverside Drive will be completed this calendar year.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held December 4, 2003.

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


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January 8, 2004
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Consider approval of the minutes of the regular City Council meeting held December 18, 2003.

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

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
A motion to adjourn to a Redevelopment Agency meeting was made by Council Member Isom and seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - 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 Orton and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS:
Council Member Whatcott commented that the new traffic light at the intersection of River Road and Medical Center Drive needs to be adjusted. Other traffic lights throughout the City also needed adjustment were discussed.

Mayor McArthur advised that he would be speaking with UDOT on Monday about entrance signs to the City. Council Member Gardner suggested that if there were a problem with the entrance signs being located within a right-of-way, they could be made of break-away foam.

Council Member Gardner commented there needed to be follow-up discussion on building issues.

City Manager Gary Esplin replied that the Plans Examiner position closed this week and interviews will be held next week. Matt Loo has been assigned to work with Community Development Director Bob Nicholson to study and streamline the building process. Matt will also meet with various groups of people, one on one, to get an idea of where they see the issue. Current procedures will then be examined. Public Works Director Larry Bulloch met with Kevin Ence and Ed Burgess concerning building issues. He advised that Mr. Loo will also monitor the Public Works Department.

Council Member Allen advised that she has met with several people who are concerned with the organization, or lack thereof, of the St. George Musical Theater, and they would like the opportunity to meet with the City Council. It is their position that they do not want to raise money for improvements to the building if a long term lease cannot be obtained.

City Manager Gary Esplin commented he was not opposed to tying up the property if the St. George Musical Theater can prove it is a legitimate entity and the building can be satisfactorily inhabited for a certain period of time and made ADA accessible. Use of the building for this purpose is positive for the downtown area. He advised that he instructed Leisure Services Director Kent Perkins to upgrade the fences in this area. He advised that he is meeting with several designers for proposals for this area.

City Manager Gary Esplin updated the Mayor and Council on a recent meeting with Mr. Rosenbruch and others concerning a termination of lease at the Wildlife Museum, payment of costs in connection with the bond issuance incurred by the City before the bonds were paid off by Mr. Rosenbruch, and a management agreement.

The meeting then adjourned.

______________________________
Gay Cragun, City Recorder