City Council Minutes

Thursday, October 12,2006

OCTOBER 12, 2006, 4:00 PM

Mayor Daniel McArthur
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Suzanne Allen
Council Member Gail Bunker
Council Member Larry Gardner
City Attorney Shawn Guzman
City Recorder Gay Cragun

City Manager Gary Esplin

Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Gay Cragun and the invocation was offered by Mayor McArthur.

Owen Olson, representing the Air Quality Committee and a member of the Associated General Contractors, explained that the committee has met with several local contractors and City employees about air quality and have come up with several different ideas which have been put to writing. He then distributed a hand-out.

Bill Swensen presented a power point presentation on the Air Quality Committee?s committee members, mission statement, objectives, available options, local development standards, education objectives, self-inspection handbook, and recommendations.

Council Member Gardner advised that several years ago he suggested use of some underground water rights for industrial uses, including cleaning of trucks before they tracked mud onto City streets.

Mr. Swensen advised that all material plant operations are equipped with misters to keep the dust down, but they do not always use them.

City Attorney Shawn Guzman advised that at present his office would be limited to the filing of a nuisance violation.

Mayor McArthur commented that he would like to see the program implemented quickly.

Council Member Orton commented that the City Council has always indicated that it wants to do whatever it takes to alleviate the problem.

Council Member Bunker inquired if smoke in the winter had been addressed.

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Mr. Swensen replied that the committee had not addressed smoke, just development activities.

Council Member Allen advised she has heard contractors say that it is cheaper to pay the fine than shut down the job.

City Attorney Shawn Guzman advised that if he is given authorization to make the offense a Class B misdemeanor, jail time can be imposed in addition to the fine.

Council Member Allen commented that she would like to see the violators shut down until the situation is remedied, that way they will be financially motived to take care of the problem.

Development Services Director Matt Loo advised that City staff has been aggressive in shutting down jobs which violate air quality standards.

The Mayor and City Council instructed City Attorney Shawn Guzman to move forward with enforcement options and preparation of an ordinance making a violation of air quality standards a Class B misdemeanor. He also encouraged self-monitoring through the Associated General Contractors organization.

Water Services Director Barry Barnum advised that staff is requesting modification to two ordinances - the backflow ordinance and the business license ordinance, in an effort to be more aggressive than it has been in the past in regulating chemical vehicles. This would include pesticides, fertilizers, herbicides, etc. It is proposed that certain standards will have to be met by having a backflow prevention device on the vehicle and as part of the business licensing process an inspection of the vehicle will be required, with a reinspection every six months. He explained that the State has a backflow program in which the City participates. The City has trained backflow inspectors and testers.

Council Member Orton stated he hoped that there was an education program in place to educatd the public on the dangers of backflow and how to prevent it.

Mr. Barnum replied that the City sends out annual re-inspection reminders to those homeowners who have backflow devices on their homes which have been inspected, but it will be years before the survey is complete.

Council Member Orton inquired if there was a federal or state assistance program in place to help those who could not afford to install a backflow device on their homes.

Mayor McArthur suggested that the City could provide an inexpensive device which screws on to the faucet.

Council Member Orton commented that he would like the City to be more proactive in getting the word out about backflow prevention.

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Mayor McArthur suggested that this information be included in a utility bill mailing.

Mr. Barnum commented that there are funds in the budget which can be used for an educational program.

Council Member Whatcott commented that the City should be focusing on those who do not have backflow prevention devices, rather than on reinspecting those who do.

Mayor McArthur commented that backflow prevention education could also be aired on the radio and put in the newspaper.

Support Services Manager Marc Mortensen advised that he would work with Mr. Barnum on a backflow prevention campaign.

Water Services Director Barry Barnum advised that the Water Services Department will have its part of the 3000 East project done next week. The entire project should be completed by the end of November.

Water Services Director Barry Barnum advised that the reuse plant is operational. Water cannot be delivered to the Shivwits reservation yet because of the pump station, but delivery should commence soon. He advised that the Shivwits have chosen to sell their water. They would like to partner with a developer on a development next to the reservation where the amenities are located on the reservation, such as a golf course.

Public Works Director Larry Bulloch presented a power point presentation on the project timeline for improvement of various transportation projects throughout the City. There is 20 million dollars available to widen Red Hills Parkway and build the interchange at SR-18. Mr. Bulloch then explained how to use the traffic information site on the City?s website. He advised that bonds will be sold to build the Mall Drive bridge. Mr. Bulloch explained that it will cost $42,000,000 to build the Southern Parkway to River Road. The City currently has $14,000,000 for the project but has to come with another $14,000,000. A discussion was held on relocation of the Flying J to the new interchange. With regard to the western corridor to Ivins, there are no other options other than to proceed as planned through the Sun River development. A 100 foot corridor has been left open through Sun River for this project. Brian Tenney has been hired for public relations with regard to the River Road improvement project. It will be done in segments and each segment will be completely finished before moving on to the next segment.

Council Member Whatcott inquired if the traffic signals on River Road had been adjusted to compensate for the construction and accommodate current traffic patterns.

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Mr. Bulloch replied that the signals had not been adjusted but he would follow up on it.

Mayor McArthur inquired when an employee would be hired to man the traffic center full time.

Mr. Bulloch replied that this request was not approved in the last budget, but he would ask for it again in the next budget.

Budget and Financial Planning Manager Deanna Brklacich advised that FEMA identified 71 projects as a result of the January 2005 flood, and of those projects 85% have been completed. The remaining 15% are the large projects and most visible. The Main Street bridge will be bid in two separate bids, one for fabrication of the bridge itself, and the other for construction. Both of these bids are on the next City Council agenda. The goal is to have the bridge completed in time for the Half Marathon on January 13. She explained that the Hilton Drive trail underneath the I-15 is a UDOT project and the City does not have much say or influence over the project. The road base is down and asphalt will be laid soon. Fencing is needed for safety, but the trail will soon be ready to open. The asphalt for the Santa Clara River trail has been laid, but 300' of trail has to be re-routed because of the dike. This project is two to three weeks out. There is no update on the Virgin River trail located along Riverside Drive behind the dinosaur tracks and along the Johnson property because there is an easement issue with one property owner, and FEMA will not look at the project until all easements are secured. Kent Perkins is trying to negotiate with the property owner. The City has received approval to start the design and prepare specs for Mathis Park. Once the soil report is finished, the City may proceed with the project. The City has received funds for the new park by the Olive Grove Subdivision, but FEMA will have to do an EA. She suggested that this park be called the Flood Memorial Park. With regard to the Valley View Bridge, this route is not a federal aid route and therefore not eligible for funding. She advised that she has asked for a re-determination. She will draft a letter for the Mayor?s signature asking for some leeway.

City Attorney Shawn Guzman advised that a luncheon with the legislators will be held October 26. He invited the Mayor and City Council to attend.

Support Services Manager Marc Mortensen distributed a St. George Blvd. reconstruction update and reviewed it. He advised that the Christmas lights had been received and will be put up on Main Street next week. He asked for clarification whether the City Council, at its last regularly scheduled meeting, expressed an interest in supporting the Holiday Stroll with staff and equipment just for the opening, or for the entire event.

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Council Members Bunker and Allen commented they thought it was just for the opening event.

Mayor McArthur commented he thought it was for the entire event.

After a brief discussion, it as the consensus to provide support throughout the entire event.

MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss litigation.
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 Orton - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

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

A brief update was given on the Middleton trailer park and relocation of the trailers.

With regard to the relocation of Flying J, City Engineer Dave Demas advised that Bryce Christensen?s property does not front Brigham Road and there is 200' of BLM property with which the City will have to negotiate with the BLM. The City will have to pay for an EA, and the BLM will review it and direct how it is to be carried out. The City will hire a consultant, and the BLM will direct the consultant. Plans have not yet been designed, and grading and right-of-way plans are also needed.

Mayor McArthur asked Council Member Gardner to speak to Jim Crisp to see if there was any way to speed up the project.

City Engineer Dave Demas advised that he spoke to UDOT who advised that they can do their work without the City?s work being done. As soon as the Valley View Drive contract is completed, they will begin working on this project.

Mayor McArthur directed City Manager Gary Esplin to meet with Bryce Christensen on timing of the project.

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The meeting then adjourned.

Gay Cragun, City Recorder