City Council Minutes

Thursday, October 4,2007



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

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Gail Bunker
Council Member Suzanne Allen
Council Member Larry Gardner
Council Member Bob Whatcott
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 Gardner after which Mayor McArthur offered the invocation.

Glen Bundy, Special Olympics Field Coordinator for the Southern Utah area, explained that there are 356 Special Olympic athletes in this area, with 210 of those active on a daily basis. Five events a year are held with 20 different sports. Area games are held in St. George which then qualify the athletes to go to the state level, then national, and finally world level. There are now 10 athletes from this area participating in the World Summer Games in Beijing, China. He presented a power point presentation on the Summer Games mission statement, national and world games, income and expenses, costs, hall of fame, and needs. He thanked the City for its support by allowing use of the Dixie Red Hills Golf Course for the golfing event and thanked Craig Harding for helping with the torch run.

Mayor McArthur explained that the 31st annual marathon is being held this Saturday, and visitors from Ibigawa, Japan are here. An Expo is being held at the Dixie Center. Nearly 7000 have signed up for the marathon this year.

Mayor McArthur advised that the Town Square and Water Walk will be dedicated on October 15 at 5:00 p.m.

Mayor McArthur advised that on the radio this morning he challenged everyone to write a thank you note to someone.

TABLE ITEMS:
Mayor McArthur advised that three items were tabled from the agenda: Item 4A, an ordinance changing the zone from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East and consider approval of a development agreement for a density bonus, at the request of the applicant, Judd Palmer, Item 6B to consider approval of CDBG sub-recipient agreements, and Item 6E to consider approval of a letter of intent from the FAA in the amount of $90,000,000 to be used to build the replacement airport. There is also an addendum to the agenda.

AWARD OF BID:
Consider award of bid for two 2008 Ford Explorers for the Police Department.

Purchasing Manager Connie Hood advised that although St. George Ford was not the low bidder, it was within 5% of the low bid and agreed to match it. She recommended award of the bid to St. George Ford in the amount of $21,276 per vehicle, for a total of $42,552.

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

Council Member Whatcott inquired if equipment needed to outfit the vehicles for the police department were included.

City Manager Gary Esplin replied the vehicles are for the detectives and are not outfitted the same as patrol cars.

St. George City Council Minutes
October 4, 2007
Page Two

AWARD OF BID:
Consider award of bid for a one ton full-size crew-cab pick-up for the Parks Department.

Purchasing Manager Connie Hood explained that St. George Ford was within 5% of the low bid and agreed to match the low bid. She recommended award of the bid in the amount of $27,461 to St. George Ford.

MOTION: A motion was made by Council Member Bunker 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.

AWARD OF BID:
Consider award of bid for the Skyline to Green Valley 138 kV transmission line structure foundations.

Purchasing Manager Connie Hood recommended award of the bid to Sturgeon Electric in the amount of $1,241,288. She advised that Sturgeon?s bid was significantly lower than the others.

Energy Services Director Phil Solomon explained that this bid is for the concrete foundations for the 33 big poles that make the turns. Some of the holes used for the poles are 35' deep and 8' in diameter.

Ms. Hood advised that Sturgeon was asked to take a second look at the bid they submitted to make sure it was accurate, and Sturgeon sent a letter to the City saying they understood what they bid and are comfortable with their bid.

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

ORDINANCE/ZONE CHANGE:
Consider approval of an ordinance changing the zone from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East, and consider approval of a development agreement for a density bonus. Judd Palmer, applicant.

This item was tabled at the request of the applicant.

ORDINANCE/ZONE CHANGE:
Consider approval of an ordinance changing the zone from RCC to C-3 or AP for .17 acre located at 594 West 400 North. Mazel Callister, applicant.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur, noting that the applicant was not present, explained that he visited with the applicants and their agent last week and he thought they would agree with the City Council?s decision.


St. George City Council Minutes
October 4, 2007
Page Three

ORDINANCE:
Consider approval of an ordinance increasing the current one-quarter of one percent (.25%) transit sales tax to three tenths of one percent (.30%) effective January 1, 2008.

City Manager Gary Esplin explained that last year the Legislature looked at the sales tax on food and exempted certain items from the sales tax. In order to keep cities? revenue neutral, the Legislature allowed those cities with a transportation sales tax to increase that tax to .30 of one percent from .25 of one percent. Collection of the tax will be directed by the State and they will begin collecting the increased tax January 1.

MOTION: A motion was made by Council Member Orton to approve the ordinance.
SECOND: The motion was seconded by Council Member Allen.

Council Member Gardner clarified that the State Legislature allowed cities to do this, but did not dictate that they do so.

City Attorney Shawn Guzman replied that in a sense the Legislature did dictate it as it said the cities could no longer impose the .25 of one percent tax but could replace it with the .30 of one percent tax, and the reason it was bumped up was to replace the lost revenue from collection on certain food items.

VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman explained that this tax is part of the Legislature?s plan to lower the sales tax on food.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held September 25, 2007, recommended that public hearings be scheduled for October 18, 2007 to consider (1) a zone change from R-1-10 to PD Commercial on 3.90 acres located at 1300 East and 900 South, Blue Mountain Holding, applicant; (2) an amendment to Title 10, Chapter 10, St. George City Code, to include review of cumulative commercial buildings with ground floor square footage of 20,000 sq. ft. or more; and (3) an amendment to Title 10, Chapter 9, St. George City Code, by adding Section 7 to include the review of cumulative commercial buildings with ground floor square footage of 20,000 sq. ft. or more.

MOTION: A motion was made by Council Member Whatcott to set the public hearings 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.

FINAL PLATS:
Todd Jacobson explained that the Planning Commission recommended approval of four final plats: (1) Sunrise Ridge Phase 4, (2) Pelican Hills Condominiums Phase 2, (3) Mirage Estates Phase 4, and (4) Montecito Town Homes.

MOTION: A motion was made by Council Member Gardner to approve the plats.
SECOND: The motion was seconded by Council Member Orton.

Council Member Bunker inquired if the garages on the Pelican Hills plat were located in the front. She commented the City was trying to get away from this and was encouraging garages to be located in the back of units.


St. George City Council Minutes
October 4, 2007
Page Four

City Manager Gary Esplin replied that Pelican Hills is a PD which was approved previously. Locating garages in the back is a concept and is not mandatory. An applicant has a choice as to how a project is designed, but a PD must be built as approved.

Community Development Director Bob Nicholson explained that parking in the Pelican Hills project is located in the interior of the project and the parking structures are not visible from the public street.

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

Council Member Whatcott commented that the units in Pelican Hills are set quite far back from the road and there is a lot of landscaping which makes the project very attractive.

BUILDING DESIGN/CONCEPTUAL SITE PLAN:
City Planner Ray Snyder advised that the Planning Commission recommended approval of the building design conceptual site plan and building height for a self-storage facility consisting of two buildings, one 74.400 sq. ft. with a height of 33' and the other 2,950 sq. ft. with a height of 10'6" at 2000 East Riverside Drive adjacent to the Middleton Wash. The Planning Commission recommended that the color of the doors be changed from green to brown, which the applicant has done. There is also another storage facility proposed to be located next to this one. Mr. Snyder advised the Planning Commission also recommended that the building not exceed 33' and that the metal roll-up doors be an earth tone color and the materials submitted tonight be the approved materials. The Development Services Department is looking at the Middleton Wash and a flood plain development permit will be required. A permit will also be required through the Corp of Engineers. Staff recommends approval.

Council Member Whatcott inquired if the color of the roof was discussed in Planning Commission with staff, as it will be a massive roof visible from Foremaster Ridge.

Mr. Snyder replied he did not recall if the roof was discussed.

Mr. Free, representing the applicant, advised that changing the color of the roof to an earth tone would be doable, and that it would be justified to improve the beauty of the building. He stated he did not think the buildings had metal roofs, but in the event they did, metal comes in any color.

Mayor McArthur commented the roof color would have to be one that absorbed light and did not reflect it.

Mr. Free replied that he would work on that.

Council Member Bunker commented that at the Planning Commission meeting there was a lot of discussion about earth tone colors and she appreciated the samples provided.

Mr. Free commented that the building would be fully climate controlled and different from other types of storage facilities. The size of the units range from 5' x 5' to 12' x 40', and while there may be a few units large enough to store a boat, they are not in that business. There is no outdoor storage. He advised the urban storage trend is to more of a retail look.

Council Member Bunker inquired of Mr. Free if the applicant was concerned about another storage facility locating next door.

Mr. Free replied that while he would prefer not to have any competition, they ran the numbers and there is a specific need for climate-controlled storage units.

MOTION: A motion was made by Council Member Bunker to approve the building design conceptual site plan and building height as recommended by the Planning Commission, with the stipulation that the roof be an earth tone color, preferably a darker brown tan color, as approved by staff.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


St. George City Council Minutes
October 4, 2007
Page Five

CDBG SUB-RECIPIENT AGREEMENTS:
Consider approval of CDBG sub-recipient agreements.

This item was tabled.

AGREEMENT:
Consider approval of a cooperative agreement with UDOT for the Red Hills Parkway/200 East intersection improvements.

City Manager Gary Esplin explained that changes are planned to the Red Hills Parkway, primarily to the 200 East intersection and straightening the road in this area. The project is 100% federally funded. He recommended approval.

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

OFFER TO PURCHASE PROPERTY:
Consider approval of an offer to purchase property from Westbrook, Frei and Bundy for the Replacement Airport.

City Manager Gary Esplin explained the property consists of 82.36 acres and the purchase price is $6, 079,215, which equates to $70,000 an acre.

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

LETTER OF INTENT:
Consider approval of a Letter of Intent from the FAA in the amount of $90,000,000 to be used to build the Replacement Airport.

This item was tabled.

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

Consider approval of the minutes of the regular City Council meeting held September 20, 2007.

MOTION: A motion was made by Council Member Bunker 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.

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

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


St. George City Council Minutes
October 4, 2007
Page Six

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

MISCELLANEOUS DISCUSSIONS:
SANDMAN STATUE:
Council Member Gardner advised that a statue of a man with a sandbag to commemorate those who helped in the flood is being erected and $15,000 is being requested as the City?s donation toward the cost. He stated he felt it should be located somewhere on the Water Walk.

Mayor McArthur commented there was talk of locating it in the middle of the water at Town Square.

Marc Mortensen commented that it could be dedicated as part of Heritage Week.

EDA/CDA MEETING WITH DEVELOPERS:
Council Member Gardner reported that a meeting was needed with developers and those involved in the Ft. Pierce Industrial Park on economic development and management of the EDAs and CDAs as there are several issues to resolve.

City Manager Gary Esplin replied that staff has been working on the issues for a week but he did not think those involved in the Park would like the answer.

Council Member Gardner commented he thought there was a possibility of moving the location of the CDA/EDA, but this does work for the German company. A meeting is needed for follow-up solutions.

City Manager Gary Esplin replied that the City would have to go back to the School District and ask them to give up taxes for 15 years on more property.

Council Member Gardner commented there were dust issues with other available property.

City Manager Gary Esplin advised that the City Attorney was going to meet with Deanna Brklacich and call the City?s consultant to see if there is a way to exchange acreage for acreage. Short of that, the City will have to go to the School District.

COMPLETE SIDEWALK:
Mayor McArthur inquired if it would be possible to complete the sidewalk connecting the St. James Subdivision to the River Road bridge on the west side of River Road. He stated that this is a critical connection and he wanted to make sure it was funded.

DIXIE CARE AND SHARE:
Council Member Bunker reported on a recent Dixie Care and Share meeting.

The meeting then adjourned.



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Gay Cragun, City Recorder