City Council Minutes

Thursday, March 20,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 20, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gloria Shakespeare
Council Member Gail Bunker
Council Member Jon Pike
Council Member Suzanne Allen
Council Member Gil Almquist
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. Mayor McArthur led the pledge of allegiance. The invocation was offered by Pastor Jimi Kestin. Mayor McArthur announced that the Art Festival is being held this weekend. Mayor McArthur announced that the City is the recipient of the Utah Recreation and Parks Association Outstanding Facility Award for the water walk and town square.

Summer Belnap Robertson, Chair of the Arts Commission, introduced members of the Arts Commission. She announced that the Arts Commission has selected Gaell Lindstrom and Ron Garner as recipients of the Award of Excellence. Mayor McArthur then presented the awards to Mr. Lindstrom and Mr. Garner.

Sara Urquhart, representing Art Around the Corner, advised that new show pieces will be installed April 12. She introduced committee members. A gala open to the public will be held April 11 at 6:30 p.m. in the Town Square where the unveiling of the sandman sculpture will be made. L?Deane Trueblood will be awarded the Partner in the Arts award. To celebrate Art Around the Corner?s 20th anniversary a sculpture by Matt Clark entitled ?St. George?s Dragon? will be given to the City.

PRESENTATION OF AWARD FROM THE RURAL WATER ASSOCIATION:
Two gentlemen from the Rural Water Association of Utah explained the Association is made up of the majority of water systems in Utah, mainly under 10,000 in population. The Rural Water Association is charged with training and maintaining compliance. They presented the City with a special award for Best Supporting Member System Over 10,000 for the City?s support of it annual conference which has been held in St. George the past 20 years.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

FINANCIAL STATEMENT:
Consider approval of the financial report for February, 2008.

City Manager Gary Esplin explained that revenue from sales tax and building permits is down from projections and departments were asked to cut their budgets by 5% for the remainder of this fiscal year, and 10% next fiscal year.

Council Member Almquist commented he appreciated the fact that jobs were not cut and more efficient use of employees is being made.

In response to a question by Council Member Bunker, City Manager Gary Esplin explained that the capital project fund has been built up over the past 30 years for major capital projects, some of which are not able to be completed in one fiscal year.

MOTION: A motion was made by Council Member Pike to approve the financial statement 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.

AWARD OF BID:
Consider award of bid for Canyons Softball Complex Improvements Phase II.

City Manager Gary Esplin explained that because the City has received the Outstanding Facility Award for the Canyons for a number of years, the former City Council felt it was important to keep the facility in top shape and improve it. It allocated a budget for
several phases of improvements. This is the second phase. There is 1.2 to 1.3 million committed to this renovation.

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March 20, 2008
Page Two

Purchasing Manager Connie Hood advised three bids were received. She recommended award of the bid to the low bidder, AJ Construction, in an amount not to exceed $389,430.63 for the base bid. She advised that two alternates will be postponed until another time due to budget constraints. Staff is still in negotiations with AJ Construction and hopes to be able to reduce the amount to the budget estimate of $368,000.

Mark Goble explained this phase of the improvement project includes an enhanced entryway from the parking lot to the concession building, pavilions, raised planters for seating, and additional landscaping.

Mayor McArthur commented he would like the City Council to take a field trip to the site after the project is complete.

MOTION: A motion was made by Council Member Allen to award the bid to AJ Construction in an amount not to exceed $389,430.63.
SECOND: The motion was seconded by Council Member Shakespeare.

Council Member Almquist commented one of the issues during the campaign was employee status of anyone doing work for the City. He stated he would like the contractor to certify its payroll with regard to employee status and that they are abiding by all state and federal laws and the employment act.

Purchasing Manager Connie Hood advised she would follow up with them.

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

AWARD OF BID:
Consider award of bid for an excavator, loader, dump truck and milling machine for the Streets Department.

Purchasing Manager Connie Hood advised five local suppliers submitted bids. She recommended award of the annual blanket to Desert Hills in the amount of $150,000 for the year. She advised this estimate is based on previous usage.

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

SPECIAL EVENT PERMIT:
Consider approval of a fundraiser in the Sunbowl by the Kiwanis Club to benefit the St. George Police Bike Patrol. Greg Walker, Kiwanis Club, applicant.

City Manager Gary Esplin clarified that the applicant is the Sunrise Morning Rotary Club, not the Kiwanis Club. He advised the Sunrise Rotary Club has helped raise money in the past for the Bike Patrol. They propose a golf ball drop by helicopter on the Elks Field as a fundraiser for the Bike Patrol, as well as a BBQ in the Sunbowl for the community. Staff recommends approval.

Council Member Bunker suggested a mass mailing to neighbors to let them know about the event.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a Fun Run. Pine View Class of 1988, applicant.

Steve Kemp advised members from both Dixie High School and Pine View High School are invited to participate. The 10K run will be from Dixie High School to Pine View High School on June 14 from 6:00 to 8:00 a.m. Money raised will be used for a scholarship fund, most likely to Dixie College.


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March 20, 2008
Page Three

MOTION: A motion was made by Council Member Pike to approve the special event permit.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to C-3 on 1.18 acres located at approximately 2860 East and 750 North Street. Dale Empey Family Trust, applicant.

Community Development Director Bob Nicholson explained the location is Lot 11 of the Pine View Commercial Center Subdivision. It is surrounded on three sides by C-3 zoning. The Planning Commission recommends approval, and no opposition to the request has been received.

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

MOTION: A motion was made by Council Member Allen 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 Allen - aye
Council Member Bunker - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 7F, St. George City Code, to add provisions for a ?child family support facility? as a conditional use in the Residential Central City (RCC) zone. Christine Nelson, applicant.

City Planner Ray Snyder explained in December the City Council approved an amendment to the City Code allowing this use in multiple family zones. The request is for the same kind of facility, daytime care only, with a maximum of eight youth ages 0 to 11, in single family homes within the RCC zone.

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

Council Member Shakespeare commented the purpose of the RCC zone is to protect home ownership and single family homes in neighborhoods. She advised that many homes within the RCC zone have already been turned into landmark sites for businesses and there are many homes already used for those with special needs. She stated the City must be careful in keeping the balance of the community in mind as far as special needs facilities, and should use care so as not to burden areas with too many special needs homes. She stated she was not disputing the facilities, or their need, or their purpose or intent, but they do not belong in the RCC zone. Allowing them in the RCC zone would be a disservice to the zone and to the community as a whole. She stated she was opposed to the request.

City Attorney Shawn Guzman advised that the request is not for a zone change, but for an amendment to the City Code to allow the use in the RCC zone as a conditional use.

Council Member Bunker commented she had the same concerns as Council Member Shakespeare. She inquired if there were a way to allow this particular use without allowing this type of use in all the RCC zone.

City Manager Gary Esplin explained that a conditional use allows the City Council to look at each particular request, however, the City Council must have a good reason to deny a conditional use.




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March 20, 2008
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City Attorney Shawn Guzman explained in order to be a conditional use, conditions which would have to be met would have to be spelled out in the ordinance, and if those conditions are met, the City Council would have to allow the use. The City Council could look at location, parking, traffic circulation, etc., and build that criteria into the Code.

Council Member Pike commented he wondered if the City Council was overreacting. He inquired how many of these types of facilities would actually be located within the RCC zone. He commented this facility was needed.

Council Member Shakespeare replied there are already many special needs facilities within the RCC zone, and it needed to be protected from more. The RCC zone was created so people would live in the neighborhoods.

Council Member Pike commented be believed the facilities would naturally space themselves.

Council Member Shakespeare commented the RCC zone was created to build stability, and this request would not build more stability.

City Attorney Shawn Guzman cautioned the City Council would have to be specific in determining why this facility would be allowed in other zones but not in the RCC zone.

Council Member Shakespeare commented that the RCC zone is the only zone in the City with historic homes. Before the City opens the door to this type of use, it should research how many homes have already been turned into special needs facilities or businesses.

Council Member Bunker commented that there is only one RCC zone and the purpose of its creation was to protect the downtown.

Council Member Almquist commented he felt the ordinance amendment should include language prohibiting new construction to prevent someone from buying a whole block and building a massive building for this use. This should be a concern in downtown revitalization efforts.

Community Development Director Bob Nicholson advised there are two distinct areas with RCC zoning - Sandtown, and the area below the Blvd.

City Manager Gary Esplin commented that he agreed with Council Member Shakespeare. The RCC zone was created to encourage single family use and continued ownership. If this type of zoning is good enough for the RCC zone, it should be good enough for the R-1-10 zone too. He inquired why the R-1-10 zone was not also being amended to allow this type of use.
He stated he did not, however, have a problem with this type of use.

Council Member Allen suggested the matter be discussed at the next work meeting.

City Manager Gary Esplin suggested the matter be continued until next Thursday.

City Attorney Shawn Guzman stated it should be clarified that this type of facility does not cater to nor house disabled persons. Because of this, the City Council could then put a radius requirement in the ordinance.

MOTION: A motion to continue the matter until next Thursday was made by Council Member Bunker.
SECOND: The motion was seconded by Council Member Allen,
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of an amended final plat for Creekside Homes located at approximately 351 South Valley View Drive.

Larry Bundy explained that three years ago as a result of the flood along the Santa Clara River, four lots in the Creekside Subdivision were washed away. Over the last three years staff has struggled trying to bring about the Creekside second amended plat and has now worked through all the problems. Staff recommends approval.

City Manager Gary Esplin explained that staff has been working with the Creekside Homeowners Association. The City does not want to be a member of the HOA because of dues. This is a technical amendment separating out the lots the City owns from the HOA. The lots are now part of the river and will never be built on.

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March 20, 2008
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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 final plat.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Todd Jacobsen presented five final plats: Sun River Phase 25, Sun River Phase 26, Sun
River Phase 30, Dolve Vista at Sunbrook Phase 2, and Dolce Vista at Sunbrook Phase 3. He advised that the Planning Commission recommended approval.

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

AMENDED FINAL PLAT:
Todd Jacobsen presented the amended plat for Bella Terrazza at Sunbrook. He advised that the amendment consists of relocation of the clubhouse. Consents from 100% of the owners have been obtained.

MOTION: A motion was made by Council Member Almquist to approve the final plat and authorize the Mayor to sign it.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PURCHASE PROPERTY:
Consider authorization to purchase property at 1792 North Bluff Street.

City Manager Gary Esplin advised staff recommends approval to purchase property needed for the Red Cliffs Parkway project which will widen and reconfigure the interchange at Bluff Street. In order to widen the intersection the City has to mitigate the intrusion into tortoise habitat at the intersection on a 1 to 1 exchange basis with the Dept. of Fish and Wildlife.
The value of the property will be set by appraisal.

MOTION: A motion was made by Council Member Pike to authorize the purchase of this property.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye.

CONTRACT:
Consider approval of a contract with Reynolds, Smith and Hill, Inc. to provide architectural services at the replacement airport.

City Manager Gary Esplin recommended that the City engage Reynolds, Smith and Hill, Inc. for architectural services for the terminal and other buildings at the new airport. The airport should be in operation by January 1, 2011. A selection committee last year interviewed several architects, and this is the recommendation from that committee. Kim Campbell and Les Stoker will be the local contacts. Mr. Esplin advised that the City Council will have a chance to see the designs.

MOTION: A motion was made by Council Member Bunker to approve the contract.
SECOND: The motion was seconded by Council Member Shakespeare.

Council Member Almquist inquired about the scope of the project.

Mr. Esplin replied this contract is to design, supervise and inspect the project.

Council Member Almquist inquired about the per square footage charges.

Mr. Esplin replied that the contract is a starting point, and the funds are not in place to build it at this point in any event.

Mayor McArthur commented that federal projects require federal guidelines to be used, even if they are outlandish. The City does not have any leeway.

City Manager Gary Esplin commented the figures were inflated.

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March 20, 2008
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Council Member Almquist commented that for one million dollars, he hoped the architects were on the City?s side and would be able to cut costs.

Council Member Allen commented that the plans should be reviewed to make sure they are complete to avoid any change orders.

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

AGREEMENT:
Consider approval of a modification to the Creamer and Noble Landside Design agreement.

City Manager Gary Esplin recommended approval of a modification to the agreement with Creamer and Noble in the amount of $23,000 for additional requirements mandated by the FAA such as property acquisition, surveys, etc. Carter and Burgess oversees the entire project, but the FAA requires a review process. PBS&J is the designer and Creamer and Noble is doing some design work, surveys and inspections.

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

AGREEMENT:
Consider approval of an agreement for the sale and exchange of Little Valley, Riverside Drive and West Elementary properties with the Washington County School District.

City Manager Gary Esplin explained that the City and School District have been operating under a verbal agreement for years and have always cooperated with each other. This agreement puts everything into a formal agreement. The School District approved the agreement and signed it last Tuesday night. Based upon the agreement, the City owes the School District $1,025,760 and will trade the West Elementary School site for the courthouse. The agreement provides that the City does not have to pay the $1,025,760 until July 31, 2009, without interest. The agreement allows the Court to stay in its current location until the new courthouse is built and no money will exchange hands until that time. He advised that the only concern he had is the site where Heritage Elementary is located is technically within the flood hazard erosion zone, and the City will indemnify them, and if there are any problems, will help them. The City will do some erosion protection in any event to protect its trail, road, sewer and water lines.

Mayor McArthur explained that the trade was based on land costs only, and not on the buildings.

City Manager Gary Esplin explained in order to do this project, the State had to write off the bonds still outstanding on the courthouse building which is more than what the City is paying for its share of the agreement. The building is worth considerably more, and this is a good deal for everyone. At this point in time staff is hopeful that the new courthouse building facade will be real sandstone.

MOTION: A motion was made by Council Member Allen 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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held February 28, 2008.

MOTION: A motion was made by Council Member Allen to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Almquist.
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 March 6, 2008.

MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Shakespeare.

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March 20, 2008
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VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CORRECTED MINUTES:
Consider approval of corrected minutes of the special City Council meeting held November 29, 2007.

City Attorney Shawn Guzman explained the City received a letter from Linda Kirkpatrick?s attorney stating as a result of Council action, she felt she was relieved from all bonding requirements, even for the phase she is currently building. She stated she did not want to bond at all. The Council was clear when it said Ms. Kirkpatrick did not have to bond for completion of 450 North off-site, but she did have to bond for the plat, just as anyone else would. The motion in the minutes, as well as comments made immediately after the motion, were corrected to include verbatim language made at that time. Nothing new has been inserted.

Mayor McArthur commented 450 North is an important issue and has been before the City Council for a long time, and it is important that the minutes accurately reflect this matter.

Council Member Bunker commented she remembered this discussion.

Mayor McArthur commented that Ms. Kirkpatrick is being required to bond for her project just the same as everyone else is required to do.

MOTION: A motion was made by Council Member Bunker to approve the corrected minutes.
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 was made by Council Member Almquist to adjourn to an executive session to discuss litigation.
SECOND The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Almquist - aye
Council Member Pike - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

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





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Gay Cragun, City Recorder