City Council Minutes

Thursday, July 10,2008



ST. GEORGE CITY COUNCIL MINUTES
JULY 10, 2008, 4:00 P.M.
REGULAR MEETING
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. He then led the pledge of allegiance. The invocation was offered by Pastor Jimi Kestin.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order for the Dixie Downs water line.

Purchasing Manager Connie explained the purpose of the change order is to replace an existing water line with a larger line while the trench is open, in the amount of $57,121.74.

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

RESOLUTION:
Consider approval of a resolution (a) approving the proposed ten year Residential Waste Collection Agreement between the Washington County Special Service District No. 1 and allied Waste, and (b) approving the proposed Solid Waste Collection Agreement between Washington County Special Service District No. 1 and the City of St. George, pertaining to billing and collection for solid waste services and related matters.

Faye Reber explained the Solid Waste District is in the ninth year of a ten year contract with Allied Waste for residential pick-up. With an eye toward the future, they have been studying what is needed to be done for the next contract period, such as whether to go out to bid or negotiate an extension. The approach has been to sit down with the current service provider and see if an agreement can be reached that the District can recommend to the communities. The District then enters into a ten year agreement with each community for billing and collection. The agreement with Allied and the agreement with the City both take effect January 1, 2010. If for some reason the communities do not agree, there is still time to go out to bid. Based on past experience with the existing service provider over the last 20 years, service has been good. The contract with Allied Waste is an extension of the existing service which provides for up to two free containers and bulk pick-up. The main difference between the new and old contract is the rate schedule with built-in rate increases and a fuel surcharge because of the high cost of fuel. The fuel surcharge is at no cost to the residents. Any additional increases would have to be agreed to by the entire board and ratified by each community. He requested ratification of the proposed agreement with Allied Waste and the District, and then approval of the resolution entering into the contract with the District for billing and collection.

Council Member Almquist commented about the differential in price for mulch for homeowners vs commercial, and asked when this would take effect.

Mr. Reber replied that this is a separate issue and will be implemented soon.

Council Member Bunker commented she was not aware of any complaints from the public about the waste service.

Council Member Shakespeare commented that waste collection is allowed from 6:00 a.m. to 10:00 p.m. in residential neighborhoods.

Council Member Pike commented he felt the rates were competitive and fair.



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July 10, 2008
Page Two

MOTION: A motion was made by Council Member Bunker to ratify the agreement with Allied Waste and approve the resolution entering into the contract with the Solid Waste District for billing and collection.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Mr. Reber advised that within the last six months the District has purchased containers for recyclable waste which will be placed in strategic locations throughout the County. Recycling is not mandatory. The District also purchased a vehicle and hired a driver and an employee who will make recycling presentations to cities and schools. The recycling program should be up and running by September.

Neil Schwendiman, Solid Waste District Manager, explained that the recycling bins will be placed at 40 locations throughout Washington County. He advised the District has been proactive and 50 cents from every bill has been placed in a recycling fund which will pay for operation of the program. Money earned from the recycling program will go back to the cities to be used for projects designated by the cities. He stated the locations of the bins are still
being decided but citizens can go to the Solid Waste District website to find out where the recycling bins are placed.

RESOLUTION:
Consider approval of a resolution adopting fees and penalties associated with the Air Quality Ordinance.

Bill Swensen presented a proposed annual fee schedule which was condensed from an earlier one presented to the City Council in December, 2007. He explained that the fees were lowered and are now lower than surrounding cities and counties. He advised that the fees will partially support the program.

City Attorney Shawn Guzman advised that the fees will go into the General Fund and will not even cover the City?s costs.

Mr. Swensen advised there is a visible difference in air quality since the program was initiated and most truckloads are being covered.

Mayor McArthur commented that the hospital project has done a good job of keeping the road swept and clean.

Mr. Swensen replied that the hospital project has set the standard. The County Courthouse project is doing a good job too. While track-out pads are required by the ordinance, rumble pads are at the contractor?s discretion. He advised there are still many haulers who are not covering their loads.

City Manager Gary Esplin advised that there may now be more incentives to cover loads due to the fines.

Council Member Almquist inquired about mass grading of land with no cap on the amount of land that can be cleared at one time. He stated he hoped phasing would be used, or another mechanism to protect nearby residents from dust.

Mr. Swensen replied that this is covered by the grading permit, and phasing is one of the suggested alternatives.

Council Member Allen commented she received a complaint from someone living near the ballpark in Little Valley about a lot of grading that has taken place, but no building. She inquired if something could be put on the dirt to hold the dust down.

Mr. Swensen replied the land can be doused with water so a crust can build up. ?No trespassing? signs would then need to be installed by the property owner, along with a project information sign so residents know who to contact in case of problems.
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July 10, 2008
Page Three

Council Member Allen inquired if there was a requirement for corrective action in the new ordinance.

Mr. Swensen replied that there is.

MOTION: A motion was made by Council Member Pike to approve the resolution.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution setting fees for use of the Town Square.

Leisure Services Director Kent Perkins advised that the proposed rental fees are meant to cover the cost of staffing. In most cases, the uses so far which have been approved are fairly large and have had quite a bit of impact on the facility and require a lot of attention. He recommended that groups under 250 be charged $100 an hour, with a deposit of $100-$500. The deposit will be returned if all goes well. For groups over 250 the recommended charge is $150 an hour, with a deposit of up to $1000, depending on usage. Staff will be present at all times. Additional fees of $25 per hour are recommended for technical staff, etc. needed to monitor the sound system. Recommended fees were derived by calculating value-per-hour costs, recognizing that most of the events require overtime on staff?s part.

Mayor McArthur advised that the Town Square itself will never be shut down to the public, even when a large private event is taking place.

City Manager Gary Esplin explained that the facility can only be used for non-commercial events and cannot be used for profit.

Mr. Perkins advised that the recommended fees only cover the City?s costs and there is no attempt to generate excess revenue.

Council Member Pike commented the City will receive many requests for waiver of these fees, and inquired how this would be handled.

Mr. Perkins replied that it was apparent what the City?s costs are, and if the fees are waived, these costs will have to be assumed in the budget. A $1000 deposit is also required for the Sunbowl, and it does not discourage use of that facility.

Leisure Services Director Kent Perkins explained that some large groups use the Town Square unannounced without using power or the sounds system, and there is no charge.
Reservations are needed, however, for the stage area, parade grounds with power, etc.

Mayor McArthur commented there is a cost to the City and the proposed charges are minimal. He stated he did not know why the City would waive the fees when they are the City?s costs only.

City Manager Gary Esplin suggested that perhaps a blanket charge of $250 for three hours could be considered. The fee schedule can always be amended, but if the fees are kept reasonable, there would be no need to waive them. He advised that demand would be monitored to see if problems are being created with the usage, but there needs to be some fee in order to guarantee the right to use a portion of the facility.

Council Member Bunker suggested that perhaps graduating fees could be considered.

Leisure Services Director Kent Perkins explained that if a group with 500 people uses the facility, the restrooms might have to be replenished four or five times during the event. There are hard costs associated with usage, and graduated fees would be difficult because the demand is not known.



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July 10, 2008
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Council Member Bunker suggested that perhaps a group would be willing to clean the restrooms and pick up garbage in exchange for return of the deposit. She inquired if the $25 per hour charge included personnel and equipment.

Leisure Services Director Kent Perkins replied the $25 charge covered personnel only.

City Manager Gary Esplin commented that only City staff can operate City sound equipment.

Council Member Almquist inquired about a large group wishing to use the entire facility. He inquired if there were designated areas which could be reserved.

Mr. Perkins replied in that event staff would refer them to a City park. Additionally, the water feature area cannot be rented. There are also parking issues at the facility.

Council Member Allen requested a report on reservation requests over the past few months.

Mr. Perkins advised there now are a lot of requests for high school reunions, high school dances, etc.

Mayor McArthur commented that the Town Square had to remain open to the public at all times, as it was not built as a rental facility.

MOTION: A motion was made by Council Member Bunker to approve the fees as presented with the idea that they can be revisited in the future.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacbosen advised that the Planning Commission, at its meeting held June 24, 2008, recommended approval of two final plats: Sunset Plaza Amended to shift lot lines between Lots 3 and 4, and Park Plaza Office Park Phase 3. The Planning Commission, at its meeting held July 8, 2008, recommended approval of the final plat for Whisper Ridge Phase 3.

MOTION: A motion was made by Council Member Allen to approve the final 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.

HILLSIDE DEVELOPMENT PERMIT:
Cathy Hasfurther explained an amendment to a hillside development permit is requested for the Lyman storage units at 700 South Bluff. The new design is a better design and the cut is still hidden by the building. It better addresses drainage off the hillside and rockfall hazard. The Hillside Review Board, Planning Commission, and staff feel the new design is better and recommends approval.

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

SET PUBLIC HEARINGS:
City Planner Ray Snyder explained that the Planning Commission, at its July 8, 2008 meeting, recommended that public hearings be scheduled for August 7, 2007 at 5:00 p.m. to consider: (1) an amendment to the General Plan Land Use Map from Open Space to Flood Plain for the Palomar Subdivision located on the south side of Riverside Drive at 1900 East; and (2) a zone change from R-1-10 to PD Residential on 12.3 acres located northwesterly of the intersection of Lago Vista Drive and Plantations Drive.



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July 10. 2008
Page Five

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

PUBLIC HEARING:
Public hearing to consider approval of an amended final plat for the Casitas at Hidden Valley located at approximately 500 East and 3500 South (west of the Desert Hills development). Ivory Homes, applicant.

Mayor McArthur explained that approval of the final plat does not change the amount of homes planned, but only allows the park to the dedicated to the City.

Todd Jacobsen explained that the plat adds the park into the overall boundary of the project and dedicates it to the City.

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

Council Member Shakespeare inquired about the time frame for completion of punch list items.

Mayor McArthur replied that the punch list items were supposed to be taken care of by July 1.

City Planner Ray Snyder advised that Kent Perkins said any remaining punch list items would be replaced with a warranty.

Leisure Services Director Kent Perkins advised that the remaining couple of items can be treated with warranties. The developer has shown good faith and it is anticipated he will continue to do so. The remaining punch list items have to do with the splash pad.

City Manager Gary Esplin advised that under the agreement with the developer, the City reimburses them for development costs through impact fees, and if they do not perform, they will not get the impact fees back.

MOTION: A motion was made by Council Member Shakespeare to approve the amended 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.

PUBLIC HEARING:
Public hearing to consider approval of a zone change from Planned Development Residential to Planned Development Commercial on 2.44 acres located at 2450 South River Road. Ence Homes, applicant.

City Planner Ray Snyder explained that the General Plan Land Use Map shows the area as commercial. When the River Crest and Painted Desert developments were approved, it was mentioned by the applicant that this site would be used for either a church or neighborhood commercial purposes. The applicant proposes a professional office complex with six single story buildings with stucco and stone exteriors and tile roofs. The neighborhood commercial zoning is consistent with the General Plan and allows for services to be available within walking distance. Two entrances are proposed from 2450 South Street. The first entrance is a right-in only access and the second access further to the west has full access. The Planning Commission recommends approval.

Council Member Shakespeare inquired about deceleration lanes.

An unidentified gentleman, representing the applicant, advised there is a turn lane on River Road and a future traffic light. There is no deceleration lane off 2450 South because it is only a 50' right-of-way. There is a deceleration lane on River Road. He stated the proposed use is professional offices.

City Manager Gary Esplin commented this use could include dentists and doctors, but would not be retail.

Jay Sandberg advised that the location of one driveway is still being worked on because of sight distance, and it may need to be moved further down.

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July 10, 2008
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Mayor McArthur opened the public hearing.

Penny Van Horn inquired if there were plans to build up the lot.

Val Nielson inquired if the builder was aware that 2450 South was a busy street and there was a school bus stop at the entrance to Painted Desert. She stated she did not want tall, huge office buildings and liked the single story buildings.

Mark Fonger with Premiere Design advised that the existing grade of the pad will be within a foot of the final elevation where it ties to River Crest. The buildings will be similar to the buildings on the corner of Sunland Drive and Riverside Drive. They will be single story and look like a single family residence. He stated he knew there was a lot of traffic at this location and construction will be contained within the site and a construction fence put up.

Mayor McArthur suggested the bus stop may have to be moved.

Val Neilson inquired if there would be a break between the properties and trees to separate them.

Mr. Fonger replied that they are required to put in a 6' solid fence between the properties. It will be measured from the project site. The neighboring project already has a wall, but a retaining wall and then a screen wall will have to be built.

Council Member Allen inquired if the wall could be stepped back.

Mr. Fonger replied that the wall will be built within code and there are no plans to step it back. If this were done, there would be dead space that would not be maintained.

Council Member Allen inquired if trees could be planted.

Mr. Fonger replied he would speak with the developer about that.

Karen Birdie commented when she stands in her backyard she can see people walking on the sidewalk. A 6' wall will add only another 2'. Additionally, buildings with windows will be looking into the homes. She stated she heard the Planning Commission require trees to be planted between the projects in addition to the 6' fence.

Glen Bundy inquired if this project would require a traffic light.

Mayor McArthur replied that it does not, but helps get closer to getting one.

City Manager Gary Esplin commented that as soon as the traffic study warrants one, it will be installed.

Mayor McArthur advised that a traffic counter can be installed.

Vince Clayton, Ence Construction, showed pictures of the buildings on Riverside Drive. He advised the new buildings may be 22' in height and will be low impact. The entire project will be landscaped. The intent is to create a quiet, neighborhood, low impact commercial center without retail.

Council Member Allen inquired about the fence.

Mr. Clayton replied that the code requires a 6' fence and the buildings will be stepped back 10' from that. He stated that Rivercrest?s wall will become part of the retaining wall.

Mayor McArthur commented that potentially there could be a 10' high wall.

Mr. Clayton advised there would be vegetation, but no one wants an in-between land.
The area needs to be taken care of by a HOA so the neighbors do not have to worry about it.

Council Member Allen inquired how many homes would be affected by the wall.

Mr. Clayton replied two or three. He advised he would be back for preliminary plat approval and would be able to answer questions more definitively at that time.



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July 10, 2008
Page Seven

Council Member Allen suggested Mr. Clayton work with the neighbors on an acceptable compromise.

Mr. Clayton advised there will be cross sections with the preliminary plat.

Tim Birdie advised that one of the homeowners affected does not even know about this meeting as they just moved in.

City Manager Gary Esplin commented that the proposed use is better than having apartments or two story townhomes. Neighbors will have the opportunity for additional public comment when the plat is submitted for approval.

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

Council Member Almquist commented that the concerns expressed by neighbors are valid. He commented he felt that use of different heights, sizes and textures of plant material would enhance the neighbors? views, and the proposed project is a win-win for everyone.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Riverside Towers Commercial Condominiums located at the northwest corner of 270 East Street and 1400 South Street in a C-3 zone. Tim Fry, agent.

Jay Sandberg explained that the project is already built and is an existing commercial building. There are six units on 1.75 acres. The owner would like to condominiumize the units.

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

CONTRACT AMENDMENT:
Consider approval of a pricing amendment to the Entrada water purchase contract.

City Manager Gary Esplin explained that the City was previously providing water to Entrada by pumping it from Sunbrook. The City is now providing water to Entrade from Gunlock and the pumping costs are not as much. Staff recommends that the agreement be amended to
reflect the new pumping charges and be changed from 19 cents to 17 cents per thousand gallons.

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

CONTRACT:
Consider approval of a contract with Horrocks Engineering to design the sewer, water and irrigation crossings associated with the Mall Drive bridge.

City Manager Gary Esplin explained that Horrocks has been contracted to do the design of the Mall Drive bridge. It makes sense to allow them to design the sewer, water and irrigation crossings which will be hooked to the bridge and avoid any environmental hassles.

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July 10, 2008
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Council Member Allen inquired why this was not included from the beginning.

Mr. Esplin replied there were issues with regard to the capacity of the bridge to hold the lines.

Council Member Almquist advised that this will create a loop system which will help in the future to regulate volume.

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

RED HILLS GOLF PRO SHOP:
Consider approval of a delivery and materials package for the golf pro shop at the Red Hills Golf Course with Satterwhite Log Homes.

Development Services Director Matt Loo explained the total package amount for the clubhouse includes delivery to the site.

City Manager Gary Esplin commented that staff is still trying to decide where to put it on the site and take advantage of utilities that are already there. The building will have a 900 sq. ft. covered porch.

Mr. Loo commented that the rendering is close to what it will look like. It will be built with 12' brown-stained logs with a red roof and fireplace. The building will accommodate a meeting area, display area and decking.

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

AGREEMENT:
Consider approval of a line extension agreement with Dixie Escalante REA to install street lights along the Brigham Road widening project.

City Manager Gary Esplin explained this issue was discussed at the last work meeting. Authorization is needed to move forward while the trench is open and allow street lights to be installed on Brigham Road. It is hoped the project can be completed before school begins.

Mayor McArthur commented the amount of the contract is $112,409.

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

AGREEMENT:
Consider approval of a cooperative agreement with UDOT Aeronautics Division for a replacement airport grant.

City Manager Gary Esplin commented this is a housekeeping item. All federal funds are distributed through the State. This is a grant which has already been approved; the City must now accept the agreement that will allow the State to funnel the money to the City. The funds are already committed.

MOTION: A motion was made by Council Member Pike 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 regular City Council meeting held June 5, 2008.

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



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July 10, 2008
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Consider approval of the minutes of the regular City Council meeting held June 19, 2008.

MOTION: A motion was made by Council Member Almquist 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 City Council work meeting held June 26, 2008.

MOTION: A motion was made by Council Member Pike to approve the minutes as presented.
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 a land purchase.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Almquist - aye
Council Member Allen - aye
Council Member Pike - aye
Council Member Bunker - aye
Council Member Shakespeare - 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 Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

The meeting adjourned at 6:15 p.m.




______________________________________
Gay Cragun, City Recorder