City Council Minutes

Thursday, February 15,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 15, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Larry Gardner
Council Member Suzanne Allen
Council Member Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Bob Whatcott


OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by a Scout from the audience, and the invocation was offered by Cory Frost.

Mayor McArthur invited several Scouts in the audience to introduce themselves.
AWARD OF CONTRACT:
Consider approval of engineering services for the Ranches outfall line.

Purchasing Manager Connie Hood recommended approval of a contract with Rosenberg in the amount of $78,400.

MOTION: A motion was made by Council Member Orton to award the contract to Rosenberg in the amount of $78,400.
SECOND: The motion was seconded by Council Member Bunker.

Ms. Hood explained that the project consisted of eliminating the sewer lift station at the south end of Sugar Leo Road and installation of a new sewer line to connect to the Sun River system.

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

AWARD OF BID:
Consider award of bid for 15 vehicles for various departments.

Purchasing Manager Connie Hood recommended award of the bid for SUVs and pick-up trucks as follows: Ken Garff Ford $75,716.31, Champion Ford $149,868, St. George Ford $125,027, and Young Chevrolet $45,919.95. She explained the bid was for 16 vehicles instead of 15 because staff decided they needed two half-tons trucks instead of one one-ton truck.

MOTION: A motion was made by Council Member Gardner to award the bid as recommended.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for grinding and resurfacing of the clarifier steel carousel at the Wastewater Treatment Plant.


Purchasing Manager Connie Hood explained that this is the second clarifier that needs resurfacing. The first was done by Gateway and they did an excellent job. She recommended award of the bid to Gateway in the amount of $28,950.
St. George City Council Minutes
February 15, 2007
Page Two

MOTION: A motion was made by Council Member Orton to award the bid to Gateway in the amount of $28,950.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for Badger water meters.

Water Services Director Barry Barnum explained the City is trying to convert all water and power meters to auto-read meters. All power meters and most water meters have been converted. The current contract expired before all the water meters were converted. The City has received a good deal on the meters and will save several hundred thousand dollars. He recommended approval of the blanket purchase order with Hydro Specialties in the amount of $400,000.

MOTION: A motion was made by Council Member Gardner to award a blanket purchase order to Hydro Specialities in the amount of $400,000.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for traffic paint.

Purchasing Manager Connie Hood explained that Ennis Paint holds the UDOT state contract for this sole source bid. She recommended approval in the amount of $36,900.

MOTION: A motion was made by Council Member Orton to award the bid to Ennis Paint in the amount of $36,900.
SECOND: The motion was seconded by Council Member Bunker.

Ms. Hood advised she was told to expect an increase in cost next year.

Mayor McArthur announced that all streets are striped at least twice a year.

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

AWARD OF BID:
Consider award of bid for purchase of 911 dispatch console stations.

Purchasing Manager Connie Hood recommended award of the bid in the amount of $152,089.07.

Deputy Police Chief Russ Peck explained that due to increased load and growth, the dispatch center is expanding from five stations to ten. The old consoles will be moved to Fire Station No. 7 and used as back-up consoles. The new consoles are ergonomically designed and more adaptive to flat screens and newer equipment.

City Manager Gary Esplin explained that the new VESTA system allows the dispatchers to locate cell phone calls. The cost of the upgrade will be assessed throughout the entire county based on population.

Deputy Chief Peck commented that the new consoles should be installed within the next two to three months.

MOTION: A motion was made by Council Member Gardner to award the bid in the amount of $152,089.07.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


St. George City Council Minutes
February 15, 2007
Page Three

AWARD OF BID:
Consider award of bid for reconstruction of Tonaquint Drive.

Purchasing Manager Connie Hood advised that after review by the project engineering firm, the low bidder is Sunroc at $2,301,128.05.

Wes Jenkins, City project engineer, explained that the biggest delay to this project has been working out agreements with the various property owners with regard to frontage improvements and costs. The project includes four lanes from the first intersection in Bloomington to 600 West. Another storm drain will be installed to pick up all the water from the Tonaquint valley. All property owners have agreed to help in funding of the storm drain. The plat has not yet been signed but is anticipated to be signed this weekend. SITLA will have to take the matter to a committee meeting on March 8 to get approval to fund their portion of the road.

City Manager Gary Esplin explained that the project should begin within 30-45 days. Property owners have to agree to dedicate the roadway as well as pay their share of frontage improvements. If they are not prepared to do this, the project will have to be scaled back, however, the City does not anticipate any problems.

Mr. Jenkins advised the total cost of the project is $2.3 million, with developers paying $800,000 and the City paying $1.5 million. The contract is 150 calendar days and the project should be completed by early fall.

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

APPROVAL OF CONTRACT:
Consider approval of a consulting contract with Midwestern Software Solutions.

Purchasing Manager Connie Hood recommended approval of a contract in the amount of $20,320 to provide software and consultation to implement a web-based traffic count system.

Traffic Engineer Monty Thurber explained that right now traffic counts are kept in a filing cabinet. The new system will be computer based. It can also be put on the City?s web page for ease of access by the public.

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

REQUEST FOR FUNDING FOR ART AROUND THE CORNER:
Consider approval of a request for funding for the Art Around the Corner program.

Sara Urquhart presented a power point presentation on the benefits of art in public places, reviewing sculptures in the City?s permanent collection, public art in private collections, and the proposed Art Around the Corner program for 2007. She requested $20,000 in matching funds to continue the program in 2007.

L?Deane Trueblood requested $15,000 for the foundation, not a part of the matching funds. She also suggested a committee be formed to oversee cleaning of the statutes on a regular basis.




St. George City Council Minutes
February 15, 2007
Page Four

MOTION: A motion was made by Council Member Orton to approve $15,000 for the donation, noting that the City Council would do everything it could to find the matching funds as it wants to add two to three pieces to the City?s permanent collection this year.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Cindy Trueblood advised that the City must make sure that water from sprinklers do not spray on the statues as it damages the finish.

TABLE ITEMS:
City Manager Gary Esplin advised that Item 6D to consider approval of a conditional use permit to construct a five level climate controlled self-storage building with a height exceed 35' at 700 South west of Bluff Street, and Item 6C to consider approval of a conditional use permit to construct a detached garage with a height of approximately 20' to the roof peak at 68 South 400 East were tabled from the agenda.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from PD Commercial and R-1-10 to C-2 on approximately five acres located at 1333 East 100 South (site of Settler?s RV Park). Verden Hannig, applicant.

Community Development Director Bob Nicholson clarified that the zone change is from PD Commercial and R-1-10 to C-2 and was advertised correctly. The entire parcel is 18 acres. The area zoned R-1-10 is a remnant piece on the north side of 100 South, and if combined with the commercial zoning, equals five acres. Only five acres is included in the zone change tonight. The Planning Commission recommends approval.

Verden Hannig, applicant, explained that a 3/4 acre triangular piece of property is owned by a Mr. Brown, and the developers are trying to include that property in the purchase.

Mayor McArthur opened the public hearing.

Kenneth Wells advised that he is a resident of the RV park. He stated that of the 150 spots within the park, 90% were permanent residents who will be displaced. He expressed opposition to the request as elimination of this RV park will limit the number of remaining spaces for RVer?s in the City.

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

MOTION: A motion was made by Council Member Gardner 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 Gardner - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

REPORT FROM PLANNING COMMISSION:
Report from the Planning Commission meeting held February 13, 2007.

Community Development Director Bob Nicholson advised that the Planning Commission scheduled three public hearings before the City Council on March 1 at 5:00 p.m. to consider (1) an amendment to the General Plan to include the Little Valley Sub-Area Plan, (2) the preliminary plat for The Point Phase 3, and (3) the preliminary plat for Royal Pines - Amended.
St. George City Council Minutes
February 15, 2007
Page Five

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the final plat for Blackberry Court.

MOTION: A motion was made by Council Member Orton to approve the final plat and authorize the Mayor to sign it.
SECOND: The motion was seconded by Council Member Gardner.

Project Engineer Cathy Hasfuther advised that a roundabout will be built to control the speed of vehicles.

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

Mr. Nicholson pointed out that Laura Carver made a request to put an inn in her residence off of the extension of 200 East. Residents in the area spoke against it and the Planning Commission recommends denial. He reported that he has not heard if Ms. Carver wants to appeal this decision to the City Council.

DETERMINATION OF ALLOWED USES WITHIN OPEN SPACE ZONE:
Determination of uses allowed under the category of ?Private Recreation Grounds and Facilities? within an Open Space zone.

City Manager Gary Esplin explained that tonight?s discussion is not to address specific existing uses, but to make a determination regarding private, public and commercial uses in relation to the recommendation made by the Planning Commission.

Mayor McArthur commented that this discussion would have nothing to do with horses in the area.

City Manager Gary Esplin commented that horses are allowed in open space zones, and it is not the City Council?s intent to prohibit them. The question is what constitutes private and public uses and what uses are appropriate in the open space zone. 19% of the entire City is zoned open space and a decision on what is allowed within this open space is critical. A determination needs to be made and then applied to uses which may be in conflict.

Council Member Gardner inquired how much of the open space designation was made as a holding zone.

Community Development Director Bob Nicholson explained that a good chunk of the open space area is tortoise habitat, some is airport property, some around the Bloomington area is considered a holding area and some has the bear claw poppy on it.

Council Member Gardner commented that it appeared some of the open space property had been appropriately zoned according to use, and other areas have been zoned open space simply by default because it was annexed in as open space.

City Manager Gary Esplin commented that a vast majority of the open space area is in public ownership or tortoise habitat area or Virgin River floodplain. However some of the area zoned open space will be rezoned and developed.

City Attorney Shawn Guzman advised that it is not an issue of whether or not animals can be in the open space zone, as they can. The issue needing clarification is the definition of public and private recreation grounds and facilities. He recommended the definition of public recreation grounds and facilities as ground or facilities owned by a governmental entity and open to the general public, and the definition of private recreation facility is a facility privately owned which may not be used for a commercial operation unless authorized by city, state or federal law, and includes any activity for which fees or compensation is received. He then listed the conditional uses allowed in an open space zone. He advised that an applicant could approach the City Council with another use and ask to have the ordinance changed.

St. George City Council Minutes
February 15, 2007
Page Six

Council Member Allen inquired if an operation which traded services and did not charge would be permitted.

City Attorney Shawn Guzman replied that the definition would not preclude someone from keeping a horse. The definition hinges on compensation, and regardless if something is traded, this would still be compensation and would fall under a commercial operation.

Council Member Allen inquired if the limit of four large animals per acre applied in the open space zone as well.

Community Development Director Bob Nicholson replied that the limit did apply.

MOTION: A motion was made by Council Member Orton to determine that under Sec. 10-12-2, St. George City Code, private recreation grounds and facilities mean grounds or facilities that are privately owned and may not be used for a commercial operation unless specifically authorized by city ordinance, and public recreation grounds and facilities mean grounds and facilities owned by a government entity that are open to the general public, and that commercial operations shall be any activity for which rent, fees or other compensation is received for the use of the grounds or facilities or activities thereon.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

DEVELOPMENT AGREEMENT:
Consider approval of a development agreement with Las Colinas.

City Manager Gary Esplin explained that as discussed previously, the applicant is giving the City an easement for the sewer line, donating three acres and building a park to City standards, donating and building a trail, and committing twelve homes to the affordable housing program between the median value of $175,000 and not to exceed $200,000. The developer has agreed that the affordable housing homes will look the same on the outside as the remainder of the homes.

Community Development Director Bob Nicholson advised that the preliminary plat will be considered by the Planning Commission at its next meeting and issues can be further hammered out at that time.

Council Member Gardner inquired if the affordable housing units would be monitored by the housing authority.

City Manager Gary Esplin replied that this had not yet been determined. They will be offered to the City with a first right of refusal. The median income is established by HUD and the CDBG program.

City Attorney Shawn Guzman advised that the applicants will be coming back with a roadway abandonment request.

City Manager Gary Esplin recommended that the agreement be amended to require the affording housing units be interspersed throughout the entire development rather than located all in one section.

Council Member Gardner inquired at what point in time the 12 affordable housing units would be built.

City Manager Gary Esplin recommended that the City designate that a certain percentage of the affordable housing units have to be built within each phase.




St. George City Council Minutes
February 15, 2007
Page Seven

MOTION: A motion was made by Council Member Orton to approve the development agreement with the stipulation that the affordable housing units be

interspersed throughout the development and that a certain percentage to be designated by the City be built within each phase.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AIRPORT LEASE:
Consider approval of a ground lease at the airport with D&T Properties.

City Manager Gary Esplin explained that the lease rate will remain the same.

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

AIRPORT LEASE:
Consider approval of a ground lease at the airport with Brad Holt.

City Manager Gary Esplin advised that Mr. Holt is purchasing a T-hangar and recommended approval of the lease at the same rate and same period of time as the current lease.

MOTION: A motion was made by Council Member Bunker to approve the lease.
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 clarified that there is another lease at the airport about which there has been some discussion with regard to the payment of fees owed to the City. The lease is in arrears, and the lessee wants to sublease his lease to another vendor. The City?s position is that there must be some accountability with regard to the outstanding debt owed the City before the City allows him to lease the property. Staff thinks it can be resolved, and the matter will be placed on the next agenda.

SEWER AGREEMENT:
Consider approval of a sewer agreement with the Legacy

Water Services Director Barry Barnum explained that a long time ago it was determined by the City that the City and homeowner associations would split the cost of bringing the private sewer systems up to current standards and then having the City take them over as it would in a non-PUD neighborhood. In that same spirit, the Legacy would like to pay for their half of City calculations to bring their system up to standards and then have the City take it over and do improvements as needed. The HOA has sent their check in the amount of $72,000 to pay for half of the improvements.

Council Member Gardner inquired if the costs were calculated or approximate estimates.

Mr. Barnum replied that the City did a complete system inspection and cleaned the system and calculated the cost for each improvement. This cost was split in half.

City Attorney Shawn Guzman advised that Kay Traveller paid half of the HOA?s half.

City Manager Gary Esplin commented this was a fair deal.

Mr. Barnum advised that private sewers are no longer allowed.

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


St. George City Council Minutes
February 15, 2007
Page Eight

Mr. Barnum advised the City has now taken over 40 sewer systems.

EXCHANGE OF WATER RIGHTS:
Consider approval of an exchange of water rights with Clayton Leavitt.

Water Services Director Barry Barnum explained that the City owns water rights at Goat Springs which are difficult to develop. Clayton Leavitt has 18 shares in the St. George Clara Field Canal Company which he would like to trade for the Goat Springs water. His intention is to move the water rights to Staheli well in Diamond Valley in order to develop property. The 18 shares in the canal company comes out of Gunlock and can be used eventually for culinary water.

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

MILITARY UTILITY CREDIT:
Mayor McArthur explained that when the 222nd was deployed to Iraq, the City offered a utility credit for these military families. There are still people in military service within the community, and he suggested continuing the same program.

City Attorney Shawn Guzman advised that he would come up with a proposed policy to continue the program.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held February 1, 2007.

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.

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

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

The vote was unanimous and the motion carried.

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

MISCELLANEOUS DISCUSSIONS:
Brief discussions were held with regard to the traveling Vietnam Veteran?s Wall which will be here in St. George in December, Bear Claw Poppy Day being proclaimed for May 12, a report on a Washington County Economic Development Council meeting, and a report on an Arts Commission meeting.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Gardner.

St. George City Council Minutes
February 15, 2007
Page Nine

SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The meeting dismissed at 7: 45 p.m.



_________________________________
Gay Cragun, City Recorder