City Council Minutes

Thursday, November 3,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 3, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Larry Gardner
Council Member Bob Whatcott
Council Member Gail Bunker
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 Shawn Guzman and the invocation was offered by Curtis Benware.

Mayor McArthur announced there would be an Alzheimer?s awareness walk at Sun River on Saturday at 8:30 a.m. He then read a proclamation proclaiming the month of November as Alzheimer?s Awareness Month.

Mayor McArthur announced that he recently returned from a trip to Washington D.C. to meet with a congressional delegation on the new airport. He advised that written comments on the proposal were being taken until November 8 for anyone who was interested in commenting.

City Manager Gary Esplin advised that item 6F to consider approval of a coal gassification pilot study oversight and review agreement was tabled from the agenda. There were also three addendum items.

AWARD Of BID:
Consider award of bid for tree trimming and clearing of energized power lines.

Purchasing Director Sue Swensen explained that bid requests were sent to three vendors, but only one bid was received. Staff has reviewed it and recommends award of the bid to Davey Tree Surgery Company in an amount not to exceed $60,000 for the year.

Energy Services Director Phil Solomon explained that the bid proposal encompasses all trees in primary lines adjoining the streets. The trees will be trimmed according to standards adopted by the Parks Department, and staff will make an effort to contact all homeowners whose trees will be trimmed. He explained that housing and per diem were standard for this bid item.

MOTION: A motion was made by Council Member Orton to award the bid to Davey Tree Surgery Company in an amount not to exceed $60,000 for the year.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID: Consider award of bid for transformers.

Purchasing Director Sue Swensen explained that based on a load loss evaluation, staff recommends award of the bid to the low bidder, Northern Power, in the amount of $68,037.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Northern Power, in the amount of $68,037.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Ms. Swensen clarified that load loss evaluation is how the bid is evaluated to determine how much it will cost over the life of the transformer.

AWARD OF BID:
Consider award of bid for a ladder truck for the Fire Department.

Fire Chief Robert Stoker explained that specifications were sent to three companies, but only one bid was received from Ross Equipment. He recommended approval of the bid in the total amount of $758,440. He explained that the City?s current ladder truck is 20 years old and the ladder only extends 75'. The new ladder truck will have a 100' ladder, which would reach six to seven stories.

MOTION: A motion was made by Council Member Gardner to award the bid to Ross Equipment in the total amount of $758.440.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for two ? ton pick-up trucks for the Streets Division.

Purchasing Director Sue Swensen recommended purchase of the trucks through the State contract with Young Chevrolet in the amount of $13,917.10, for a total of $27,834.20.

MOTION: A motion was made by Council Member Orton to award the bid to Young Chevrolet in the amount of $27,834.20.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


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November 3, 2005
Page Two

AWARD OF BID:
Consider award of bid for lamps, ballasts, and electronic parts and supplies for the UV system.

Purchasing Director Sue Swensen recommended approval of the sole source purchase from the manufacturer, Trojan Technologies, in an amount not to exceed $60,000 for the year.

MOTION: A motion was made by Council Member Gardner to award the bid to Trojan Technologies in an amount not to exceed $60,000 for the year.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for plan review for the Building Department.

Purchasing Director Sue Swensen recommended that blanket contracts be set up for architectural, structural, engineering, mechanical, electrical, and plumbing review of plans with Sunrise Engineering, Willdan, and Mesa Consulting in the amount of $15,000 each.

Development Director Matt Loo explained that because of staff?s workload, it is recommended that outside review of plans be approved in order to streamline the new development process.

City Manager Gary Esplin explained that several developers have requested that the City use Sunrise or Willdan for review of their commercial projects, while others like their plans to be reviewed in-house. Staff is trying to do as much as possible in-house, but as long as the outside companies can meet the City?s timeframes, staff recommends approval. Approval of the request will give staff more options in order to have the plans reviewed as quickly and efficiently as possible. He advised that the City is hiring two new plan reviewers to assist with the process.

MOTION: A motion was made by Council Member Bunker to award the bid to Sunrise Engineering, Willdan, and Mesa Consulting in the amount of $15,000 each.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution accepting the Dixie Drive West annexation petition.

City Manager Gary Esplin explained that the proposed annexation area is located off Dixie Drive east of the gravel pit, and according to state law, acceptance of the petition for further review is the first step in the annexation process.

MOTION: A motion was made by Council Member Gardner to approve the resolution.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Bunker - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held October 25, 2005, recommended that public hearings be scheduled for December 1, 2005 at 5:00 p.m. to consider (1) a zone change from R-2 to PD Residential on 1.412 acres located at 449 West 500 North, (2) a zone change from R-2 to RCC for the area referred to as Sandtown located north of 150 North, east of Bluff Street, south of the Red Hills Golf Course, and west of the Red Hills, (3) a site plan and building elevation for a proposed 8,000 sq. ft. retail building on the WalMart out lot #5 located within a PD zone at Pioneer Road and 2710 South Cr., and (4) a request to amend the General Plan Land Use Map to change the land use designation of low density residential to medium density residential on property located at the southwest corner of the intersection of Dixie Drive and Mesa Palms Drive.

MOTION: A motion was made by Council Member Whatcott to schedule the public hearings as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held October 25, 2005, recommended approval of the final plats for Sun River St. George Phases 17A and 17B.

MOTION: A motion was made by Council Member Orton to approve the final plats.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height up to 20'5" located within an RE-20 zone at 2538 East 2390 South Circle. David Weller, applicant.

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November 3, 2005
Page Three

Assistant Planner Ray Snyder explained that the applicant would like to build a garage and workshop. The Planning Commission recommended approval. No concerns have been expressed by the neighbors.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CAPITAL FACILITIES PLAN FOR POOLING:
Consider approval of a capital facilities plan for pooling.

Water Services Director Barry Barnum explained that by the year 2050, the population of Washington County will be 600,000. The pooling plan with the Washington County Water Conservancy District will provide all facilities needed for the next 30 years, with a total project cost plus debt of $1.6 billion.

Mayor McArthur commented that growth would be footing the bill for the water when needed.

Mr. Barnum advised that the plan would be reviewed annually.

City Manager Gary Esplin advised that the City would pay only for the water it used, and the plan would be monitored and adjusted yearly as necessary.

MOTION: A motion was made by Council Member Gardner to approve the plan.
SECOND: The motion was seconded by Council Member Whatcott, with the stipulation that the plan be reviewed annually.

Council Member Bunker inquired if the pooling agreement covered secondary water.

Mr. Barnum replied that this would be determined by economics; if it was economically feasible to install secondary systems in existing residential areas, the City would do so. However, the City is now requiring secondary systems in every development south of the river, and hopefully this can someday be done throughout the county.

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

AGREEMENT:
Consider approval of an agreement with Alpha Engineering to provide engineering services for Tonaquint Drive roadway improvements.

City Manager Gary Esplin explained that the City has been discussing the need to upgrade Tonaquint Drive for several months. It is now proposed that an agreement be entered into with Alpha Engineering to look at the cost of doing the project.

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

AGREEMENT:
Consider approval of an agreement with Creamer & Noble to do an environmental assessment for widening of Red Hills Parkway.

City Manager Gary Esplin recommended that an agreement be entered into with Creamer & Noble to do an environmental assessment so that Red Hills Parkway can be widened. The cost of the assessment is $694,000, with a grant paying for the entire cost.

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

COAL GASSIFICATION PILOT STUDY:
Consider approval of a coal gasification pilot study oversight and review agreement.

This item was tabled.

REQUEST TO CLOSE STREET:
Consider approval of a request to close 300 East between 400 and 500 South on November 25, 2005 for the annual Christmas lighting program. St. George LDS Temple, applicant.

City Manager Gary Esplin explained that annually the LDS Church requests that it be able to close 300 East between 400 and 500 South for its annual Christmas lighting program. No problems have been experienced in the past as a result of this closure, and he recommended approval.

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

AGREEMENT:
Consider approval of a professional services agreement with Humaniterra Designs LLC to provide construction manager services for several trails and parks projects.


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November 3, 2005
Page Four

City Manager Gary Esplin explained that staff recommends approval.

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

CHANGE ORDER:
Consdier approval of a change order to the Little Valley roadway and sidewalk project with AT Asphalt Paving.

City Manager Gary Esplin explained that residents in the area have expressed concern about the need for a sidewalk to get their children to and from the new elementary school in this area. A change order is needed to pave the school?s portion of the roadway and provide sidewalk on the east side of the street, with reimbursement from the school district, all in time for the opening of the school.

Leisure Services Director Kent Perkins explained that the total will be $293,000, with the school district paying $50,000 as their share of the project. The project will include widening of the road, islands down the center of the road, and sidewalk on both sides of the street.

MOTION: A motion was made by Council Member Whatcott to approve the change order.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin advised that funds for this project would come from the park impact fund.

CHANGE ORDER:
Consider approval of a change order to the Little Valley roadway and sidewalk project with Alpha Engineering.

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

Mayor McArthur invited several young ladies from the audience to introduce themselves. They were attending the meeting as part of a U. S. government class.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 to C-3 on 1.97 acres located at the northwest corner of the 2720 East and 850 North intersection. Robert Irvine, applicant.

Community Development Director Bob Nicholson explained that the zone change will clean up the zoning map. The subject property is located southeast of Deseret Industries and across the street from Sandstone Elementary. The request is consistent with the General Plan, and the Planning Commission recommends approval.

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

MOTION: A motion was made by Council Member Orton to approve the zone change by ordinance.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Canterbury Court at 1100 East and 1000 South. Kevin Ence, applicant.

Associate Planner Mark Bradley explained that the plat consists of six lots. The Planning Commission recommends approval.

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

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Cottam Fields Subdivision on the east side of River Road at 2250 South, north of the City fire station. Dan Hoopes, applicant.

Associate Planner Mark Bradley explained that a revised plan has been brought in since the Planning Commission meeting. The Planning Commission recommends approval subject to

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November 3, 2005
Page Five

the following conditions: (1) the site grading and drainage be revisited, (2) no walk-out basements on Lots 21-26, and (3) the grading fill to be on its own lot without encroaching onto another lot.

City Manager Gary Esplin explained that the drainage canal will be used as a drainage easement and not to carry irrigation water. There is an existing agreement concerning the drainage, and staff will do more research on the agreement.

Council Member Allen arrived.

City Manager Gary Esplin commented that staff would have answers on the drainage before the final plat is approved.

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

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Sun River Phase 26 located at Sun River Parkway and the extension of Pioneer Rd. Darcy Stewart, applicant.

Associate Planner Mark Bradley explained that a 90 foot public roadway will be required because of its location to the interchange. The remainder of the layout is similar to what is seen in other Sun River projects. The Planning Commission recommends approval.

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

MOTION: A motion was made by Council Member Orton to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

NEW BUSINESS:
Mayor McArthur called for new business from the City Council, staff, and members of the audience.

Ed Baca inquired if the new ladder truck would be located in the Sun River area.

Mayor McArthur replied that it would be located at the main fire station.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 6, 2005.

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

Consider approval of the minutes of the City Council work held October 13, 2005.

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

Consider approval of the minutes of the regular City Council meeting held October 21, 2005.

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

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

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

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Whatcott.

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SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS DISCUSSIONS:
Council Member Gardner advised that Chad Hardy has requested an audience with the City Council to discuss the Downtown Thursday night events.

City Attorney Shawn Guzman advised that he recommended a letter be written to Mr. Hardy advising him that he has breached his contract with the City, and to invite him to come in and discuss a new contract.

After discussion, it was the consensus of the City Council to invite Mr. Hardy to meet with the City Manager, City Attorney, and Council Member Gardner.

The meeting then adjourned.



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Gay Cragun, City Recorder