City Council Minutes

Thursday, August 21,2008



ST. GEORGE CITY COUNCIL MEETING
August 21, 2008
4:00 p.m.
St. George Council Chambers


PRESENT
Daniel D. McArthur, Mayor
Suzanne Allen, Mayor Pro Tem, Council Member
Gil Almquist, Council Member
Gail Bunker, Council Member
Jon Pike, Council Member
Gary Esplin, City Manager
Shawn Guzman, City Attorney
Miriam Palma, Deputy City Recorder

EXCUSED
Gloria Shakespeare, Council Member

CALL TO ORDER
Mayor Pro Tem Allen called the meeting to order at 4:00 p.m. and welcomed all those present. She announced that Mayor McArthur was attending to family business and would be here shortly.

She asked Council Member Almquist to lead the group in the Pledge of Allegiance and Council Member Bunker to give the invocation.

OPENING COMMENTS
Mayor Pro Tem Allen mentioned that if anyone would like to give a prayer or lead the Pledge of Allegiance in a City Council meeting, they can sign up in the City Treasurer?s office.

Mayor Pro Tem Allen called on the Scouts in the audience to introduce themselves. There were three scouts from Troop 403, all working on their Citizenship in the Community merit badges. Matthew Zantano commented that he would like to see the City do something with the splash pads so that they are not so slippery. Gary Esplin said that Parks staff is working on that problem.

Mayor Pro Tem Allen called Summer Belnap Robertson, Chairman of St. George Arts Commission, to the podium to report on the 2008-09 arts grants. Ms. Robertson said that through the City Council, the Arts Commission is able to distribute $34,000 in grants to the local arts community. She introduced the Commission Members, Jody McGregor, Vice Chair, Terry Draper, Sheila Bailey, Ferron Holt, Gail Bunker, Shane Prine and Steve Goodman.

At this point, Mayor McArthur joined the meeting and was asked by Ms. Robertson to distribute the grants as follows:

Celebrity Concert Series - Don Harper, President - This is the 50th anniversary of the concert series. Mayor McArthur commented that the concerts add ?class? to our city.

Color Country Chorus - Gordon Haines, President - The group sang their thank you in four-part harmony. Mr. Haines reminded everyone of the importance of music in our lives and said that his group gives 15 free performances in the community each year.

Dixie Dramatic Association - David Stanley, Chairman - This is a new organization whose niche is developing playwrights by offering workshops and producing original works.
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August 21, 2008
Page Two

Dixie State College Cieslewicz Gallery - Kathy Cieslewicz accepted the grant. She talked about the new sculpture garden at Dixie State College. The Council complimented her on the new ?Zion? exhibit which she had coordinated at the City Arts Museum and felt that they may want to have a similar exhibit at the new airport. Ms. Cieslewicz told the group that the exhibit will be open August 22 from 5 p.m. - 9:00 p.m. and will open to the general public Monday, August 25.

Lieto Voices - Norman Lister, Director - This is the sixth season for this singing group whose name means joyful. They give four concerts per year.

Red Rock Writers Guild - Gary Christensen, President - This group hosts one of the premiere poetry contests in United States, they also give once-a-month poetry readings to which the public is invited.

Southwest Symphony and Choral - Gary Caldwell, Director and J.J. Abernathy - This group is in its 28th year. Dr. Norman Fawson was one of the original founders. The group gives five subscription concerts per year featuring local talent, they perform the Messiah, and give student concerts and one pops concert. They will also be presenting a light romantic opera concert in February.

Southern Utah Heritage Choir - John Mizukawa, President - Mayor McArthur told those present that the Choir was originally formed to sing at the first Heritage Days and has gone on to become world renown. Mr. Mizukawa said Governor Huntsman has proclaimed November to be Cultural Arts Awareness Month and the choir will participate in a countywide Cultural Arts Week in November as well as a give gala concert at end of October.

St. George Musical Theater - Don Kenworthy - He expressed appreciation for the support given them until they get their new theater built. The St. George Musical Theater gives opportunity for local actors to get on stage and for the community to enjoy their performances. Mr. Kenworthy said that if anyone knows someone who would like to attend a performance but is unable to pay, to contact him.

Washington County School District Fine Arts Council - Ferrin Holt, Director. Mr. Davis indicated that this grant will go toward busing students to fine arts performances.

Following the presentations, Ms. Robertson reminded those present that the arts make life vital and exciting.

Council Member Bunker, City Council Arts Commission Representative, noted how wonderful it is that a community this size supports the arts in such a way. As a City, we are interested in infrastructure, but we also value the contribution of the arts to the quality of life here in St. George. She thanked the local artists for all their hard work.

Council Member Pike said it is hard to quantify, but by drawing visitors to the area, the arts create an economic value as well as the aesthetic value.

Council Member Allen thanked Council Member Bunker for her diligence in her duties to the Arts Commission. So much has happened since she joined the Commission.

Mayor McArthur said that while the grants are not large, they come with the City?s thanks for all the long hours the artist put in to their craft and promised to try and find more funding at a future date. He said the arts make us laugh, smile, think and expand our horizons. He then recited a poem about success.


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August 21, 2008
Page Three

Mayor McArthur excused Council Member Shakespeare, who is helping out with a new grandchild.

BID AWARDS
1525 and 1575 North Dixie Down Road Improvements
Connie Hood submitted this item and asked that the Council consider award of the bid to PCI for $669,354.32 as part of the ongoing Dixie Downs Improvement project. The contract will include installation of water, sewer, and storm drain Improvements for 1525 and 1575 North Dixie Downs Road.
The low bid of $532,504.32, from Royal T Enterprises, was withdrawn. It appears that their asphalt supplier could not guarantee their prices for the length of the contract and, indeed, may file for bankruptcy prior to that time. PCI submitted the second low bid of $669,354.32.

Staff recommends approval of this bid due to the fact that it is less than the engineers estimate and PCI has a reliable history.

Motion:
Council Member Pike made a motion to award a contract to PCI in the amount of $669,354.32 for installation of water, sewer and storm drain on 1525 and 1575 North Dixie Downs Road.
Second:
Council Member Almquist seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

Sole Source Blanket Award for VoIP System Materials and Support
Connie Hood asked that the Council consider award of a sole source blanket award to Cache Valley Electric not to exceed $88,676.58 for materials, training and support for continuation of conversion to VoIP telephone system in outlying city facilities. There were no other bids on this item.

In response to questions from the Council, Ms. Hood stated that this is the third year for this blanket award. The figure of $88,676.58 is a not-to-exceed figure based on what staff feels will be needed to make the installation necessary this year.

Mayor McArthur asked how many installations are still needed and how much money will be saved on the system.

Marc Mortensen, stated that telephones have been installed for all of the general fund department. This year staff will be working on Streets, Fleet and the Recreation Center. He told Council that the savings comes down road. The City will be paying 15 cents per line as opposed to $29-$30 per line as in the past. This telephone system is in keeping with industry standards and allows the City to keep up with current technology, but does not contain any frills.

Motion:
Council Member Bunker made a motion to award a sole source blanket award to Cache Valley Electric in a not-to-exceed amount of $88,676.58 for materials, training and support for continuation of the conversion to VoIP telephone system in outlying city facilities.




St. George City Council Minutes
August 21, 2008
Page Four

Second:
Council Member Pike seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

Sole Source Blanket Award for Cathionic Polymar
Connie Hood asked that Council consider approval of a sole source blanket award in the amount of $150,000 to Polydyne, Inc. to provide polymar used by the Wastewater Treatment Plant. Staff has tested the product and found it to have superior properties and be comparably priced to polymers previously used. The company will also guarantee pricing for one year.

Motion:
Council Member Allen made a motion to award a sole source blanket award in the amount of $150,000 to Polydyne, Inc. to provide polymar used by the Wastewater Treatment Plant.
Second:
Council Member Almquist seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

Sole Source Award for Radio Read Itron Meters
Connie Hood asked that Council consider award of a sole source blanket purchase order in the amount of not-to-exceed $75,000 to Riter Engineering, the manufacturer?s representative for the ITRON AMR radio-read meters being installed on the City?s power system. She noted that last year?s award was $240,000, but with reduced demand and most of the old meters already replaced, the blanket purchase order request is for a not-to-exceed $75,000 amount.

Council Member Almquist wondered if staff receives more or less complaints from readings off the radio meters? Phillip Peterson told Council Members that staff gets fewer complaints about readings, however, because no one actually looks in the water box, there have been some problems with leaks that would have been caught through onsite readings. With the radio-read meters, staff now has more time to audit accounts for unusual usage and request onsite inspections.

Shawn Guzman noted that there has also been a saving on Workers Comp claims and personnel costs from this program.

Council Member Almquist wondered about the life of the radio. Mr. Peterson said the life of the replaceable battery is 20 years.

Motion:
Council Member Pike made a motion to award a sole source blanket purchase order in an amount not to exceed $75,000 to Riter Engineering, the manufacturer?s representative for ITRON AMR radio meters.
Second:
Council Member Almquist seconded.
Vote:
All voted ?aye? and the motion passed unanimously.



St. George City Council Minutes
August 21, 2008
Page Five

Green Valley Distribution Substation - Steel Structures
Connie Hood presented this item and requested that the Council award a contract in the amount of $109,666 to Theobald Construction to provide and install steel structures for the Green Valley Distribution Substation.

Ms. Hood noted that three bids were submitted. One company did not provide the cost for installation and was, therefore, eliminated as a viable bidder. Theobald Construction submitted the lowest responsive bid which was under the engineer?s estimate and is within the budgeted amount for the project.

Motion:
Council Member Allen noted that Theobald has performed well on similar projects in the past and made a motion to award the bid in the amount of $109,666 to Theobald Construction to provide and install steel structures for the Green Valley Distribution Substation.
Second:
Council Member Bunker seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

Approval of Hilton Drive Change Order
Consider approval of a $77,998.82 change order to the Hilton Drive Realignment design agreement with H.W. Lochner for out-of-scope work performed to satisfy concerns of a developer about alignment, access, improvements, etc. along his property frontage. Staff has reviewed the request and recommends approval.

Cameron Cutler presented this item. He noted that, due to the Bluff Street project, there is a need to move the Hilton Drive/Blackridge Drive intersection and install a roundabout. The plans were met with disapproval from a developer, causing the consultant to perform 2 ? months of out-of-scope work to find a resolution.

Council Member Bunker noted that the work has already been done and wondered why it was not brought to them prior to the costs being incurred.

Gary Esplin said that the usual procedure is to have Council?s approval prior to incurring new costs, but due to the complex nature of the negotiations and the fact that so many entities were involved, the work had not been identified in a timely manner.

Council Member Almquist asked if a solution had been found to the developer?s concerns. Mr. Cutler said it had.

Mayor McArthur called for a motion.

Motion:
Council Member Allen made a motion to approve a change order in the amount of $77,998.82 for out-of-scope work performed by H.W. Lochner to satisfy concerns of a developer regarding alignment, access, and improvements along his property frontage.
Second: Council Member Bunker seconded.


St. George City Council Minutes
August 21, 2008
Page Six

Vote:
All voted ?aye? and the motion passed unanimously.

Council then asked about the progress of the Bluff Street and Brigham Road projects. Mr. Cutler said there have been some delays due to a shortage of asphalt and the polymers used to set the asphalt. UDOT is searching for other suppliers and looking at alternatives such as concrete. The Southern Parkway and I-15 paving will be completed on time, as the asphalt and polymers were purchased prior to the shortage.

ORDINANCE
Annexation of Property Located at 3000 East from 700 South to 1600 South - Washington Fields
Consider approval of an ordinance to annex 165.81 acres located east of 3000 East and extending from 700 South to 1600 South in the Washington Fields area.

Bob Nicholson stated that the property owner had requested this annexation, but it was protested by Washington City and heard by the County Boundary Commission several months ago. The Boundary Commission approved the annexation to St. George City. The property is part of the LDS Church welfare farm, most of which already resides in St. George City. He requested that the A-1 (Agricultural) zoning be retained.

Mayor McArthur commented that this annexation had been through the proper hearings and gone to the Boundary Commission and is now ready for approval.

Motion:
Council Member Bunker made a motion to approve an ordinance to annex 165.81 acres located east of 3000 East and extending from 700 South to 1600 South in the Washington Fields area and retain the A-1 (Agricultural) zoning.
Second:
Council Member Almquist seconded.
Vote:
The motion was approved unanimously by roll call vote as follows:
Gil Almquist - Aye
Suzanne Allen - Aye
Gail Bunker - Aye
Jon Pike - Aye

RESOLUTION
Abandonment - Westside of Sugar Leo Road and the Southside of the Virgin River Adjacent to the Calvary Chapel
Bob Nicholson requested that Council approve a 30 ft. wide public utility easement abandonment along the west side of Sugar Leo Road and the South side of the Virgin River adjacent to the Calvary Chapel.
Gary Esplin told Council that this abandonment has been under consideration for a long time and has been submitted to JUC and City departments, all of whom have approved the change. He recommended approval.



St. George City Council Minutes
August 21, 2008
Page Seven

Motion:
Council Member Allen made a motion to approve a 30 ft. wide public utility sewer easement abandonment along the west side of Sugar Leo Road and the South side of the Virgin River adjacent to the Calvary Chapel.
Second:
Council Member Pike seconded.
Vote:
The motion passed unanimously by roll call vote as follows:
Gil Almquist - Aye
Suzanne Allen - Aye
Gail Bunker - Aye
Jon Pike - Aye

PLANNING COMMISSION STAFF REPORT
Public Hearings
Bob Nicholson requested that public hearings be set for September 4, 2008 to hear:

(1) Zone Change Request from M-2 (Industrial) to PD-COM/RES (Planned Development Commercial and Residential) on 17.35 acres located at 415 South Dixie Drive (formerly Moore Business Forms building). Marv Blosch, applicant.

(2) Zone Change Request on 2.43 acres located at the southwest corner of 750 North 3050 East (south of Costco) from M-1 (Manufacturing) to C-3 (General Commercial) to build an American First Credit Union. Applicant, Bruce Keech.

Motion:
Council Member Bunker made a motion to set public hearings for September 4, at 5:00 p.m. in the St. George City Council Chambers to consider:
(1) a zone change from M-2 (Industrial) to PD-COM/RES (Planned Development Commercial and Residential) on 17.35 acres located at 415 South Dixie Drive (formerly Moore Business Forms building). Marv Blosch, applicant.
(2) A zone change on 2.43 acres located at the southwest corner of 750 North 3050 East (south of Costco) from M-1 (Manufacturing) to C-3 (General Commercial) to build an American First Credit Union. Applicant, Bruce Keech.
Second:
Council Member Pike seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

LOT SPLIT
Ray Snyder asked Council to consider a lot split request to legally divide one parcel into two for 7.20 acres of property located at 2400 South 3000 East, zoned A-1 (Agricultural). Applicant: George Washington Charter School.

Motion:
Council Member Allen made a motion to approve a lot split request to legally divide one parcel into two for 7.20 acres of property located at 2400 South 3000 East. Applicant: George Washington Charter School.
St. George City Council Minutes
August 21, 2008
Page Eight

Second:
Council Member Almquist seconded.
Vote:
All voted ?aye? and motion passed unanimously.

PROPERTY PURCHASE
Gary Esplin asked that Council consider approval to purchase 1,934 sq. ft of property for the River Road/Riverside Drive right turn lane project. He said that in order to create the right-turn lanes needed at the intersection of River Road and Riverside Drive, it is necessary to purchase 1.934 sq. ft. of property on the northwest corner of the intersection.

Motion:
Council Member Allen made a motion to purchase 1,934 sq. ft of property on the northwest corner of the intersection for the River Road/Riverside Drive right turn lane project for $12,000.
Second:
Council Member Bunker seconded.
Vote:
All voted ?aye? and motion passed unanimously.

AGREEMENT AMENDMENT
Phillip Solomon told Council Members that in order to expedite the schedule of the Millcreek Development Project, he would like approval to purchase long-lead-time equipment for $5,000,000 while an EPC agreement is being negotiated with TIC/KPE. In response to Council questions, he said that if an EPC is never reached, the City will still own the equipment.

Motion:
Council Member Pike make a motion to approve purchase of long-lead-time equipment in the amount of $5,000,000 prior to an EPC agreement being reached with TIC/KPE
Second:
Council Member Almquist seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

AIRPORT AGREEMENT UPDATE
SGU Services, LLC
Rick Crosman asked that Council consider approval of an update to the SGU Services, LLC Operating and Lease Agreement for a gift shop and snack bar that they operate at the Airport Terminal.

He said that the original agreement was for $100 per month or 20% of gross income, whichever is greater. However, the business has struggled and they are asking for some relief by paying the $100 per month. Mr. Crosman told Council Members that the shop has been a benefit to airport patrons and recommends approval of the amendment.

Council Member Bunker asked that a profit/loss statement be provided to the Airport Manager.




St. George City Council Minutes
August 21, 2008
Page Nine

Motion:
Council Member Allen made a motion to approve an update to the SGU Services, LLC Operating and Lease Agreement for a gift shop and snack bar at the Airport Terminal with rent set at $100 per month and that the owners provide a profit/loss statement annually to airport management.
Second:
Council Member Bunker seconded.
Vote:
All voted ?aye? and the motion passed unanimously

MINUTES
Consider approval of the July 30, 2008 City Council Work Meeting Minutes (public forum).

Motion:
Council Member Pike made a motion to approve the July 30, 2008 City Council Work Meeting Minutes as written.
Second:
Council Member Almquist seconded.
Vote:
All vote ?aye? and the motion passed unanimously.

Consider approval of the July 31, 2008 Special City Council Meeting Minutes.

Motion:
Council Member Bunker made a motion to approve the July 31, 2008 Special City Council Meeting Minutes as written.
Second:
Council Member Allen seconded.
Vote:
All vote ?aye? and the motion passed unanimously.

Consider approval of the August 7, 2008 minutes of the regular City Council meeting Minutes.

Motion:
Council Member Pike made a motion to approve the July 30, 2008 City Council Work Meeting Minutes as written.
Second:
Council Member Bunker seconded.
Vote:
All vote ?aye? and the motion passed unanimously.

ADDENDUM
Millcreek Power Generation Project
Phillip Solomon, Power Department Director, requested approval of an amendment to a contract with TIC/KEWIT for the Millcreek Generation Expansion project to pay the 15% overhead charges inadvertently excluded from the contract.



St. George City Council Minutes
August 21, 2008
Page Ten

Motion:
Council Member Pike made a motion to approve an amendment of $34,943.89 to the TIC/KEWIT agreement for the Millcreek Generation Expansion project.
Second:
Council Member Almquist seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

Council Member Pike complimented Phillip on the great job he does for the City. He commented that the power market is as volatile as the stock market.

Amendment to Public Defender Contract
Shawn Guzman requested an amendment to the Public Defender Contract in the amount of $2,400 per year. He explained that, by law, defense must be provided to indigent persons and LaMar Windward has been handling this duty for the City. In recent years the caseload has increased greatly. Staff feels this amendment is warranted.

Motion:
Council Member Bunker made a motion to approve an amendment to the Public Defender Contract in the amount of $2,400 per year to cover the increased caseload of defending indigent persons.
Second:
Council Member Allen seconded.
Vote:
All voted ?aye? and the motion passed unanimously.

Gary Esplin requested an Executive Session Mayor McArthur called for a motion.

Motion:
Council Member Allen made a motion to adjourn to Executive Session at 5:20 p.m.
Second:
Council Member Bunker seconded
Vote:
All voted ?aye? and the Council adjourned to Executive Session.

Following the Executive Session, Mayor McArthur asked if there were any further business. Hearing none, he called for a motion to adjourn.

Motion:
Council Member Almquist made a motion that the August 21, 2008 regular session of the St. George City Council be adjourned at 5:55 p.m.
Second:
Council Member Bunker seconded.
Vote:
All voted ?aye? and the meeting adjourned at 5:55 p.m.



________________________________
Miriam Palma, Deputy City Recorder