City Council Minutes

Thursday, August 3,2006



City of St. George Council Meeting
Regular Meeting
August 3, 2006 4:00 P.M.
Council Chambers

PRESENT
Mayor Daniel D. McArthur
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Gail Bunker
Council Member Suzanne Allen
Council Member Larry Gardner
City Manager Esplin
Ren? Fleming, Deputy City Recorder

OPENING

Mayor McArthur called the meeting to order at 4:05 p.m. and welcomed all present. The pledge of allegiance was led by Mayor McArthur. The invocation was offered by Council Member Whatcott.

Mayor McArthur discussed the Thursday Night Downtown grand opening this evening. He indicated he will excuse himself at 5:30 pm to start the program and asked Council Member Bunker to run the meeting for the time he was excused. He also announced the open house at the Opera House for public comment regarding Red Hills Parkway alternatives. It also starts at 5:30 pm this evening.

CONSENT CALENDAR

Consider approval of the financial statement for the month of June, 2006.

City Manger Esplin indicated the fiscal year ended in a positive cash financial position.

Motion:
Council Member Gardner commended City Manger Esplin on coming in on budget and made a motion to approve the financial statement for June 2006.

Second:
Council Member Bunker seconded the motion.

Vote:
All voted aye, motion carried.

BID OPENINGS

Consider award of bid for landscape and irrigation improvements at the Canyons Softball Complex.

Purchasing Agent Hood indicated two bids were returned and recommended approval of the low bid in the amount of $159,906.20 submitted by Allied-Pacific.

There was discussion as to the scope of work to be done.

City Manger Esplin explained the work will be done in phases, this phase to be completed before the senior games this year, with additional work being done at later time.

Motion:
Council Member Gardner made a motion to award the bit to Allied Pacific in the amount of $159,906.20.

Second:
Council Member Orton seconded the motion.

Vote:
All voted aye, motion carried.

Consider award of bid for engineering to design and inspect the installation of a new sewer line to replace the Bloomington Hills lift station.

Purchasing Agent Hood recommended the bid be awarded to Bowen Collins Associates in the amount of $80,000.

City Manager Esplin explained this item is in the current budget and will hopefully eliminate the big lift station next to the St. George Golf Course.

Motion:
Council Member Orton made a motion to award the bid to Bowen Collins Associates in the amount of $80,000.

Second:
Council Member Whatcott seconded the motion.

Council Member Whatcott asked if there was going to be a lift station in this line.

Water Services Director Barnum commented this project will do away with the lift station at Bloomington Hills. However, as the demand on the collection system grows there will be future lift stations on this line.

Vote:
All voted aye, motion carried.

Consider award of bid for design of landscaping and irrigation around the new Atkinville Interchange.

Purchasing Agent Hood recommended Logan Simpson Design be awarded the bid for this project in the amount of $56,949.00

City Manager Esplin commented the funds to pay for this project will come from enhancement dollars the state has allocated to this interchange.

Motion:
Council Member Whatcott made a motion to award the bid to Logan Simpson Design in the amount of $56,949.00.

Second:
Council Member Gardner seconded the motion

Vote:
All voted aye, motion carried.

Consider award of bid for additional work on the EIS.

Purchasing Agent Hood explained this is an amendment to the consultant agreement for the impact statement in the amount of $673,930 of which the City is obligated to cover five percent or $33,696.50.

Motion:

Council Member Gardner made a motion to approve additional work and pay five percent of the cost in the amount of $33,696.50.

Second:
Council Member Orton seconded the motion

Vote:
All voted aye, motion carried.

Consider award of bid for Itron AMR meters.

Purchasing Agent Hood explained this is a blanket order with Riter Engineering, a company that is the sole authorized electricity distributed for State of Utah. The bid is for approximately 2,920 meters at a cost of $800,000.

The council discussed when meters are purchased, whether all at once or as needed and if the meters are to for new growth or as part of the automated reading (AMR) retrofit project.

Energy Services Director Solomon explained a large portion of the order is to finish the retrofit of commercial meters to AMR. All residential meters have been changed to AMR. Some of the meters will be purchased to meet new building needs.

Motion:
Council Member Bunker made a motion to award the bid for ITRON meters to Riter Engineering in the amount not to exceed $800,000.

Second:
Council Member Gardner seconded the motion

Vote:
All voted aye, motion carried.

Council Member Gardner indicated the amount sounds like a lot of money, but will be paid for through building permit fees.

City Manager Esplin commented that metes purchased for new building will be paid through permit fees, the retrofit for AMR will not.

Consider award of bid for fertilizer and chemicals.

Purchasing Agent Hood explained this is a blanket order for fertilizer and chemicals to two companies. She recommended the bid be awarded to both vendors with Helena getting about 80% of order and Simplot Partners getting the remainder for a combined cost of about $350,000.

Council Member Orton asked if all vendors are in agreement with this proposal.

Purchasing Agent Hood indicated both vendors accepted the proposed blanket order; purchases will be made to the lowest bidder for specific products.

Motion:
Council Member Orton made a motion award the blanket order to both Helena and Simplot Partners with purchases made from the lowest bidder for specified items.

Second:
Council Member Whatcott seconded the motion

There was discussion regarding the total amount of the purchases which is not to exceed $350,000 in the fiscal year.


Vote:
All voted aye, motion carried.

Consider approval of a change order for the airport taxiway A&B project.

Purchasing Agent Hood explained the change order is for $112,547.66, the City?s cost is $5,627.38, and the remainder is covered by a federal grant.

City Manger Esplin explained the project is complete; the request is after the fact as the new airport manager didn?t understand City policy, although he does now. However the project ran into clay which was a situation outside of the scope of the contract, to complete it more gravel was needed, had it not been done quickly, the runway would have been shut down longer than planned.

Motion:
Council Member Whatcott made a motion to approve additional cost of $5,627.38.

Second:
Council Member Orton seconded the motion

Vote:
All voted aye, motion carried.

ORDINANCE

Consider approval of an ordinance requiring pesticide business to comply with the annual backflow device inspection requirements and pay an annual inspection fee before receiving or renewing a business license

City Manger Esplin indicated this item was tabled as are the associated items under the ordinance and resolution portions of the agenda.

RESOLUTIONS

Consider approval of a resolution assessing a monthly commercial operating fee for all businesses on airport property.

City Manager Esplin explained this resolution is a result of an evaluation of all businesses operating out of the airport. Most commercial operations pay some sort of fee, either a landing fee or lease fee. However, a few businesses are not paying any type of fee and this resolution would allow the City to charge a fee to all commercial businesses operating in City owned space.
An unidentified man asked if some are businesses paying fees and some not.

Public Works Director Bulloch explained there are fees being charged to all but a few businesses. He explained the Airport Manager felt all commercial operations should be charged something.

There was discussion as to how complaints concerning the fee would be handled.

An unidentified man asked if this involves people already on lease agreements.

City Attorney Guzman answered, yes, if a business leases the property and operates a business a fee would be charged.

Public Works Director Bulloch explained SkyWest, FedEx, DHL pay fees for operating at the airport via landing fees. This resolution is an attempt to level the playing field so that all businesses that use the public facility paid with tax money pay a fee for the privilege.

Dan Smith, president of US Flight Net, commented his business pays fuel taxes as a contribution to the airport. He asked if this is being done across the board to all business in the City. He also commented that his company paid to improve a ramp that the city owns.

City Manger Esplin explained the City is losing money at the airport; the revenue is needed to bring the facility into the black.

Mr. Smith replied that businesses at the airport are loosing a lot of money. In the last ten years businesses have been operating in a temporary mode because of the planned new airport.

There was discussion regarding whether other businesses operate on City owned property without paying any fees.

Hal Hilburn an airport tenet and pilot questioned who will be charged?

City Attorney Guzman explained anyone who is required to get a business license would be subject to this fee.

There was discussion regarding businesses with existing operating agreements at the airport. The fee of $150 per month was discussed.

Public Works Director Bulloch read the list of affected businesses and indicated all have been contacted about the fee.

Mike Hanes asked a question with regard to losing money at the airport. He would like to see the numbers indicating that airport is losing money.

Mayor McArthur explained the airport financial status is detailed in the budget and can be obtained at the budget public hearings.

Mike Hanes discussed plan to bring in a restaurant to a hanger he is not using and was told he could not do that.

Mayor MacArthur commented airport restaurants are commonly found in terminals not in the hangers.

Motion:
Council Member Whatcott made a motion to table the issue until more information justifying fee can be provided.

Second:
Council Bunker seconded the motion.

Council Member Allen arrived at 4:42 pm.

Vote:
All voted aye, except Council Member Allen who abstained, motion carried.

Consider approval of a resolution abandoning a public utility easement in Snowfield Estates.

City Manager Esplin explained this easement is not longer necessary, staff recommends approval of the abandonment.

Motion:
Council Member Gardner made a motion to abandon the public utility easement in Snowfield Estates.

Second:
Council Member Whatcott seconded the motion

Vote:
Mayor MacArthur called for a roll call vote as follows:

Council Member Gardner, aye
Council Member Allen, aye
Council Member Bunker, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried

Consider approval of a resolution abandoning a public utility and drainage easement adjacent to lots three and four of the Tobler Subdivision.

City Manager Esplin explained this has been through JUC and all departments have reviewed the request, staff recommends it be abandoned.

Motion:
Council Member Gardner made a motion to abandon the public utility and drainage easement adjacent to lots three and four of the Tobler Subdivision.

Second:
Council Member Whatcott seconded the motion

Vote:
Mayor MacArthur called for a roll call vote as follows:

Council Member Gardner, aye
Council Member Allen, aye
Council Member Bunker, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried

OTHER BUSINESS

Mayor McArthur indicated some Boy Scouts were now in attendance, he invited them to come to the podium and introduce themselves.

STAFF REPORTS

Consider approval of an agreement concerning Downtown Thursday Night events.

City Attorney Guzman explained the agreement begins tonight and goes through November 16, 2006. He reviewed the items in the agreement both on the promoters and City?s side.

The council discussed the inconvenience of shutting down Main Street due to the work on St. George Boulevard as well as security concerns.

City Attorney Guzman explained police officers will patrol the area as part of their regular duties and if available will aid in security issues. He suggested that if the council feels strongly that a plan be in place as to how to handle an emergency, it can be added to the agreement.

Council Member Whatcott suggested the promoters should plan for the worst case scenario and asked how it will be handled if there are continual problems. He asked if there anything that requires the promoters to provide security in some manner.

City Attorney Guzman suggested adding language to the effect that the City can for the sake of health and safety require the promoters to provide security or the event will be discontinued.

Marc Mortensen spoke to the issue of damages due to graffiti etc, the agreement says promoter will pay for repair of any damage at the City?s discretion.

There was brief discussion regarding insurance.

City Attorney Guzman detailed the amount and types of insurance required.

Marc Mortensen confirmed that proof of insurance has been provided.

Motion:
Council Member Gardner made a motion to approve the agreement concerning Downtown Thursday Night events subject to some changes in the agreement to add security requirements if needed.

Second:
Council Member Whatcott seconded the motion

Vote:
All voted aye, motion carried.

Consider approval of a land exchange with Primrose Pointe Properties, LLC.

City Manager Esplin reviewed the proposed property trade between Primrose Point Properties, LLC and the City. The Primrose Property is 3.59 acres located along Middleton wash adjacent to the new City trail. The City property is 18,056 square feet adjacent to Sunbrook golf course and is surplus to the needs of the golf course.

Motion:
Council Member Gardner made a motion to approve the land exchange with Primrose Pointe Properties.

Second:
Council Member Allen seconded the motion

Vote:
All voted aye, motion carried.

Consider approval of an agreement with the Creekside Development HOA.

City Manager Esplin explained this is for property the City purchased in 2005 and deals with issues related to the trail system. He recommended the agreement be approved.

Motion:
Council Member Allen made a motion to approve the agreement with Creekside Development HOA.

Second:
Council Member Gardner seconded the motion

Vote:
All voted aye, motion carried.



Consider approval of a property lease agreement with Todd and Sandy Call for lease of .25 acres located at the east end of Tabernacle directly below St. George Blvd.

City Manager Esplin explained this lease agreement is similar to a prior agreement with the Call?s for property that was not being used by the City. The City does not want to sell the property because it may be needed at some future date as a public right of way. The decision tonight is to have the council direct staff regarding how to determine the fee. The applicants can not put a permanent building on the property as the City may want the property back at some future date.

There was discussion regarding how the property would be used, most likely for parking or landscaping.

Motion:
Council Member Gardner made a motion to approve the lease agreement, determining the fee to be an amount between fair market value and the amount charged for the other property leased to the same individuals.

Second:
Council Member Allen seconded the motion.

Vote:
All voted aye, motion carried.

PUBLIC HEARINGS

Public hearing to consider approval of the preliminary plat for Bella Tuscana at Mesa Palms located at Dixie Drive and Mesa Palms Drive.

Bob Nicholson explained this item was tabled at the prior council meeting because the applicant was not present to answer questions. The applicant is here tonight. The project is just west of Dixie Drive. The revised proposal is for individual lots similar to what is done in first phases.

Council Member Bunker asked if the trail connects to the City trail system and what the plans are for the recreational area.

Kelly Erickson representing Cutrell Inc. explained that at this time the trail does not connect. Hopefully in the future it will connect to the west. The recreational areas will have basketball courts and walking trails.

Barry Thompson detailed the location of the trails and retaining walls, explaining the walls will be landscaped.

Council Member Bunker asked if there is any thing the council can review with regard to the recreation area.

Mr. Thompson replied no and indicated the recreation area will be like an open park. There are no plans for a clubhouse or pool.

Mr. Erickson commented that a park is located directly across the street, so it doesn?t make a lot of sense to have a lot of recreational area.

Motion:
Council Member Gardner made a motion to approve the preliminary plat for Bella Tuscana at Mesa Palms located at Dixie Drive and Mesa Palms Drive.

Second:
Council Member Whatcott seconded the motion.

Vote:
All voted aye, motion carried

Council Member Allen indicated she would like see an overall plan of the area, including any City plans.

The council discussed the topography of the property.

There was brief discussion regarding reviewing other subdivisions near proposed development.

Motion:
Council Member Whatcott made a motion to designate Council Member Bunker to chair the meeting in Mayor McArthur?s absence.

Second:
Council Member Orton seconded the motion.

Vote:
All voted aye, motion carried

Mayor McArthur left at 5:10 p.m.

Public hearing to consider approval of a policy for the regulation of temporary advertising banners.

Brad Young reviewed some of the history of the proposed policy. He noted that several changes were made in the last few days and that the council was given a draft at the beginning of the meeting which incorporated the changes.

There was discussion concerning businesses that currently use the allowed amount of signage and whether those businesses would be allowed banners or other types of temporary signs. The allowance for up to six promotional event signs that are permitted to stay up for not more than 14 days was discussed.

Brad Young showed examples of signs that do and do not meet the proposed policy.

Council Member Bunker opened the public hearing.

Josh Bevins spoke in favor of the review process and asked about the City community event advertising portion of the policy, would it be possible to have six rather than four signs to properly advertise these events. He also asked regarding signs on fences, would it be allowed to attach signs to solid walls such as the Zion Bank branch monument sign on River Road.

Laurie Kocinski-Puchlik expressed concern about the number of signs allowed for advertising community events, and suggested increasing the number from four to six. She also expressed concern for the prohibition on free standing banners. She discussed the Zion Bank branch located River Road, a banner is hung on the monument sign.

There was brief discussion regarding the banner on the monument sign at Zion Bank branch on River Road and if the appearance is attractive.

Ms. Kocinski-Puchlik explained the sign is a way to get the information out; the bank does not have any other space to advertise. She discussed for profit versus non-profit events and suggested tightening the definition of non-profit events.

Jerry Thomas of The Boulevard Home Furnishings spoke regarding free standing banners; his company uses them to display sales events. The banners never sag, are properly hung, taken down every evening. He felt they should be allowed.

Steve Davis of Rainbow Sign suggested the number of signs allowed for advertising community events should be six rather than four. He also asked language allowing code enforcement to make an exception and also define an appeal process.

There was a brief discussion regarding the cost for a banner versus rigid core material.

Mr. Davis commented costs are very similar.

Ms. Kocinski-Puchlik explained the committee said all community events should use rigid substrates.

Mr. Davis commented regarding the use of rigid substrates for community event signs.

Council Member Bunker seeing no one else to address the hearing closed the hearing and asked the council for a decision.

The group discussed the advantages of allowing six signs for community events and allowing free standing signs under some circumstances. Concerns regarding how to regulate free standing signs were discussed.

Brad Young suggested adding the following language into the proposed policy.

? Freestanding banners are not allowed, except where it is not feasible to attach a banner to the building wall, the Code Enforcement Officer may permit a free-standing banner. A sign permit is required for a freestanding banner. The decision of the Code Enforcement Officer regarding the allowance or denial of a free-standing banner may be appealed to the Sign Review Board.

? Businesses may select up to six (6) special promotion periods during the calendar year to display one banner for a consecutive period not to exceed 14 days for each promotion period. Banners should be professionally made and present a clean attractive appearance. Worn banners must be replaced or removed.

The group discussed free standing signs that might become permanent. Concerns were raised with regard to the aesthetics of several shops in a strip mall each placing a free standing sign.

Mr. Davis suggested allowing free standing signs for special circumstances if the business has the necessary amount of frontage.

Ms. Kocinski-Puchlik discussed why signs work. She suggested adding language in the policy saying something such as ?Free standing signs are not allowed except??

There was discussion regarding signs that are left up indefinitely and the difficulty of enforcing exceptions.
Mayor McArthur returned at 6:00 pm.

There was discussion regarding tabling the issue until an available work meeting. This would allow time to revise the draft policy to include information on issues discussed at this meeting.

Motion:
Council Member Whatcott made a motion to table the proposal until the last work meeting in August.

Second:
Council Member Gardner seconded the motion.

Mr. Davis commented that the 14 day allowance for temporary signs is only mentioned in the community event promotion portion of the policy not in the business advertising portion.

There was discussion regarding the definition of a temporary sign and how long one would be allowed to stay up before it is considered a permanent sign.

Mr. Davis commented it is hard to enforce temporary signs allowed for only a certain amount of time.

Vote:
All voted aye, motion carried.

Council Member Bunker turned the meeting back over to Mayor McArthur.

ORDINANCES

Consider approval of an ordinance amending the sign ordinance to include a definition for the point of beginning or ending of pavement widening.

Motion:
Council Member Whatcott made a motion to approve the amendment of the sign ordinance to include a definition for the point of beginning or ending of pavement widening.

Second:
Council Member Orton seconded the motion.

Vote:
Mayor MacArthur called for a roll call vote as follows:

Council Member Gardner, aye
Council Member Allen, aye
Council Member Bunker, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried

MINUTES

Consider approval of the minutes of the City Council work meeting held July 13, 2006.

Motion:
Council Member Whatcott made a motion to approve the minutes of July 13, 2006 as presented.

Second:
Council Member Bunker seconded the motion.

Vote:
All voted aye, motion carried.

An unidentified man introduced himself and indicated he wants to have a Latino event for the July 4th impendence celebration next year.

REQUEST AN EXECUTIVE SESSION

Motion:
Council Member Bunker made a motion to adjourn to executive session to discuss potential litigation

Second:
Council Member Allen seconded the motion.

Vote:
All voted aye, motion carried

RECONVENE AND ADJOURN
Motion:
Council Member Orton made a motion to move out of executive session and adjourn the meeting.

Second:
Council Member Whatcott seconded the motion.

Vote:
All voted aye, motion carried

Minutes recorded by:

_________________________________________________________________________
Ren? Fleming Deputy City Recorder Date