City Council Minutes

Thursday, November 20,2008



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

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

EXCUSED:
Mayor Daniel McArthur

OPENING:
Mayor Pro Tem Allen called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Council Member Bunker and the invocation was offered by Pastor Jimi Kestin.

Members of the marathon delegation to Ibigawa, Japan were introduced by Conn Wood. Mr. Wood advised that all who went had a wonderful time and he encouraged the City Council to continue supporting this cultural exchange. A video presentation of the trip was then made.

FINANCIAL STATEMENT:
Consider approval of the financial statement for October, 2008.

City Manager Gary Esplin explained that revenues are down but staff is keeping their expenditures down as well, and further cost reductions will be made. He advised he anticipated further cuts in the next half of the year and a soft freeze has been made on all hiring except public safety.

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 Pro Tem Allen called for a vote and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for hybrid bermuda grass on sand.

Purchasing Manager Connie Hood advised three bids were received. She recommended award of the yearly blanket to the low bidder, Valley Sod, at .36 cents per sq. ft, in an amount not to exceed $40,000 for the year.

MOTION: A motion was made by Council Member Bunker to award the bid to Valley Sod in an amount not to exceed $40,000 for the year.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a traffic signal project at Snow Canyon Parkway and Dixie Downs.

Purchasing Manager Connie Hood advised that three bids were received. She recommended award of the bid to the low bidder, Filice Electric, in the amount of $122,572. The engineer?s estimate was $130,000.

MOTION: A motion was made by Council Member Pike to award the bid to Filice Electric in the amount of $122,572.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor Pro Tem Allen called for a vote and all voted aye. The motion carried.
St. George City Council Minutes
November 20, 2008
Page Two

RESOLUTION:
Consider approval of a resolution authorizing the execution and delivery of that certain Utah Associated Municipal Power Systems Amended and Restated Agreement for Joint and Cooperative Action, and related matters.

Energy Services Director Phil Solomon explained that UAMPS has a joint action agency agreement which has been in place for several years. It has been amended sufficiently that it needs to be approved again by the city councils and a resolution is required to adopt the amended joint action agency agreement. If the City wants to go in a different direction at some time in the future, this agreement will not prevent the City from doing so. One of the primary reasons for the amendment is that several new entities from outside Utah have joined in anticipation of future projects. They will not be equity members, and this had to be distinguished as well as a mechanism created for them to serve on the board.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of the UAMPS Joint and Cooperative Action Agreement between the City and UAMPS.

City Manager Gary Esplin advised that this item corresponded with the resolution.

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

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held November 18, 2008, recommended that public hearings be scheduled for December 4, 2008 to consider: (1) a zone change from Open Space to R-1-10 on 4.61 acres located at 1090 West Baneberry Drive; and (2) an amendment to a portion of an existing PD Commercial zone located on Riverside Drive west of the US Post Office.

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

Community Development Director Bob Nicholson advised that the Planning Commission has invited the City Council to join them on a site visit tomorrow at 11:30 a.m. in the Tonaquint Valley. The Mayor invited the City Council to take a site visit to the new airport site tomorrow at 10:00 a.m.

FINAL PLATS:
Todd Jacbosen explained that the Planning Commission recommended approval of three final plats: (1) Pelican Hills Condominiums Phase 2 in which eight buildings were condensed into three, located on the west side of Dixie Drive at 810 South Dixie Drive; (2) Painted Desert Professional Plaza with six condominium pads located at the northwest corner at the intersection of 2450 South and River Road; and (3) Red Cliffs Park Phase 1 with 12 residential lots located at 2030 East and 1150 North.

St. George City Council Minutes
November 20, 2008
Page Three

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a one story 100 sq. ft. utility building near the west end of Navajo Street in Bloomington. Rio Virgin Telephone Company, applicant.

And

Consider approval of a right-of-way lease agreement between the City and Rio Virgin Telephone and Cablevision Company.

City Planner Ray Snyder explained the request is also to have an outside generator as well as the proposed building. The property is zoned Open Space. He displayed a vicinity map and site plan. There is an associated lease for the line in the right-of-way which connects with Tonaquint. This utility serves Mesquite and no service will be provided to St. George. The Planning Commission recommends approval. The site is owned by SITLA and at some point in the future it will have to be determined whether this site will be developed as residential.

City Attorney Shawn Guzman clarified that a separate lot is not being created.

Mr. Snyder advised that the applicant is leasing the site from SITLA. He then reviewed the conditions recommended by the Planning Commission: the building and colors shall be per the October 14, 2008 submission to the Planning Commission, the building height is 10 feet to the top of the flat roof, and a signed lease shall be completed. He advised that the outside generator would only be run once a week between 12 noon and 5:00 pm. to keep it charged in case of an emergency. Access to the site is a graveled road.

Council Member Almquist commented that the proposed building is only 50 feet from the back of Lot 64; the house is another 70 feet, and he expressed concern with the noise which would be generated.

Harold Oster, representing the applicant, advised that the air conditioners on the far end of the building will produce a sound typical to heat pumps. The generator is 65 decibels. Someone can be within 15-20 feet of the generator and still carry on a conversation.

Council Member Almquist commented that in his opinion the area is residential and the day may come when Navajo is extended and surrounding acreage is developed. He inquired why the building was not located closer to the Apex Mine road.

Mr. Oster replied that electricity and gas is needed and this was the closest location off of Navajo Drive to access these services. The engineering department chose this location because of the slope.

Council Member Almquist commented he felt it was not located in the right place, the building is higher than the nearby residences, and the building is not attractive.

Mr. Oster replied that is why a block wall is being built around it.

Council Member Almquist commented the location seemed out of place when it could be located closer to the road. Further, the City would not allow anyone else to locate a road there.

Mr. Oster replied the proposed location was designated by the State. The wall will surround the entire perimeter of the site. He commented that if the City Council has a color scheme they prefer, the applicant is willing to make it any color. The building will be constructed of precast aggregate.



St. George City Council Minutes
November 20, 2008
Page Four

City Manager Gary Esplin commented if he lived adjacent to the site, he would prefer to have the building as a neighbor rather than a subdivision.

MOTION: A motion was made by Council Member Bunker to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Pike.

City Manager Gary Esplin suggested that language be included in the motion to also approve the lease agreement.

City Attorney Shawn Guzman commented it is a standard lease.

AMENDED MOTION: Council Member Bunker agreed to amend her motion to include approval of the lease agreement.
SECOND: The amended motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote, as follows:

Council Member Bunker - aye
Council Member Pike - aye
Mayor Pro Tem Allen - aye
Council Member Shakespeare - aye
Council Member Almquist - nay

The motion carried.

PRESENTATION FROM THE WASHINGTON COUNTY ENERGY TASK FORCE:
Conservation Coordinator Ren? Fleming presented a power point presentation titled 2008 Energy Outlook - Understanding the Basics of Energy, which covered the following topics: an energy primer, energy units, people energy, our use of energy, historical energy use, oldest energy source, U. S. energy use, use by fossil fuel sources, U.S. energy users, energy use per capita, energy sources - future trends, energy trends, energy and electricity, fuels for electricity generation and local considerations. She advised that three more presentations would be made over the next few months, and that this information is available on the Washington County website.

CONTRACT MODIFICATION:
Consider approval of a contract modification for Horrocks Engineering on the Brigham Road and Flying J road projects.

City Manager Gary Esplin explained there have been some changes on the Brigham Road project. There are two parallel projects going on - the road itself, and the new road behind Flying J. $57,365.60 includes redesign of the storm drain and environmental clearance with the BLM and Fish & Wildlife for design of the road behind Flying J. The total of both change orders is $84,865.

City Engineer Dave Demas explained that $27,000 of the total is for work that remains to be done as the contract has run over. There have been a lot of problems with the road. Construction management costs are only 10.2% of the project and this is within budget.

Council Member Almquist inquired if all the funds were going to Horrocks.

Lee Cabell of Horrocks Engineering replied that a majority of the funds are going to Horrocks, but some funding going to the surveying company and for environmental documents.

Council Member Almquist inquired if any of the funds were going to the contractor who built Brigham Road.

Mr. Demas replied in the negative, commenting the funds were only for engineering modifications.

Mr. Cabell then described how the project was redesigned.
St. George City Council Minutes
November 20, 2008
Page Five

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

CONCESSION AGREEMENT:
Consider approval of a concession agreement with Enterprise Car Rental to do business at the existing airport.

City Manager Gary Esplin explained the lease is similar to others in the amount of $650 per month or 10% of the gross receipts, whichever is greater. Staff recommends approval.

City Attorney Shawn Guzman recommended approval subject to legal review as the insurance amounts have to be changed.

MOTION: A motion was made by Council Member Bunker to approve the agreement subject to legal review.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote and all voted aye. The motion carried.

AGREEMENT:
Consider approval of an agreement to provide on-line traffic school.

City Attorney Shawn Guzman explained the agreement will provide a mechanism for resolution of minor traffic violations. The course is a four hour on-line course, and in exchange for taking it, a plea in abeyance can be entered into.

Council Member Almquist commented he felt this was competing with private companies who offer the same service.

City Attorney Guzman replied the company providing this service is a private company. The City looked at three providers, and based on the content of the course, selected this private provider. This company has worked with other cities and it has the software in place to get the funds transmitted to the courts. He stated he did not know of any local provider.

Council Member Almquist commented that the St. George Traffic School offered this service.

City Manager Gary Esplin suggested the agreement be made for one year within which time local companies can gear up to provide this service.

City Attorney Shawn Guzman commented that the service provided is quite extensive, and it took a while to get this particular program tailored to the City?s needs. The company had to create software exclusively for St. George.

Council Member Pike commented it looked like the contract is for a two year period.

City Attorney Shawn Guzman replied that it could be canceled upon 60 days notice. He advised he was not aware of any local company who offered this service and it would be quite a cost for them to gear up for it.

Council Member Almquist commented he wondered if the City was jumping the gun and should wait a few weeks to see if someone else can provide the service.

City Attorney Shawn Guzman replied that this company is not a sole provider, as two others were also looked at. However, he did not ask any local companies to create a product for the City.

Council Member Almquist suggested that the matter be tabled in order to contact local businesses and ask them to provide the service before money is sent outside the City.

St. George City Council Minutes
November 20, 2008
Page Six

Council Member Shakespeare suggested the agreement be approved so that the program can get up and running, and then if anyone wants to compete, they can put a similar program together.

Council Member Allen commented it might take some time to get a similar program up and running. She stated she felt the agreement should be approved for a one year period which gives anyone local enough time to create a similar program.

Council Member Pike commented he felt approval for a one year period would be a good compromise.

MOTION: A motion was made by Council Member Bunker to approve the agreement for a one year period ending December 31, 2009.
SECOND: The motion was seconded by Council Member Pike.

Council Member Almquist commented that he section entitled Termination of Agreement provides for a six month termination if someone else can be found to compete.

City Attorney Shawn Guzman replied that because of this company?s good faith effort to tailor the program to the City?s needs and the money they have already expended to do so, he recommended the agreement be approved at least until the end of 2009 so the company can recoup its expenses.

VOTE: Mayor Pro Tem Allen called for a vote, as follows:

Council Member Bunker - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Mayor Pro Tem Allen - aye
Council Member Almquist - nay

The motion carried.

Mayor Pro Tem Allen called for a brief break. Upon conclusion of the break, the meeting continued.

AGREEMENT:
Consider approval of an agreement to purchase SITLA property for the new airport.

City Manager Gary Esplin explained that the parties have been working on this agreement for many months and any action taken should be subject to legal review. All conditions previously discussed are the same. SITLA originally wanted the interest to begin accruing on January 1 of this year, but have since agreed interest will begin to accrue when the agreement is signed.

MOTION: A motion was made by Council Member Pike to approve the agreement subject to legal review.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor Pro Tem Allen called for a vote and all voted aye. The motion carried.

ADJOURN TO RDA MEETING:
MOTION: A motion to adjourn to an RDA meeting was made by Council Member Bunker.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor Pro Tem Allen called for a vote and all voted aye. The motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Pike.
SECOND: The motion was seconded by Council Member Bunker.


St. George City Council Minutes
November 20, 2008
Page Seven

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

ORDINANCE:
Consider approval of an ordinance adopting the Community Development Project Area Plan entitled ?St. George Airport Community Development Project Area Plan? dated October, 2008.

Randy Sant explained that adoption of this ordinance will create the Plan for the City.

MOTION: A motion was made by Council Member Pike to approve the ordinance.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:

Council Member Pike - aye
Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Mayor Pro Tem Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution approving the interlocal agreement between St. George City and the St. George Redevelopment Agency.

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

Council Member Bunker - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Mayor Pro Tem Allen - aye

The vote was unanimous the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held October 30, 2008.

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

Consider approval of the minutes of the regular City Council meeting held November 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 Pike.
VOTE: Mayor Pro Tem Allen 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 Bunker.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:


St. George City Council Minutes
November 20, 2008
Page Eight

Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Pike - aye
Mayor Pro Tem Allen - aye

The vote was unanimous and the motion carried.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Bunker to adjourn to an executive session to discuss possible litigation.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:

Council Member Bunker -aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Mayor Pro Tem Allen - aye

The vote was unanimous and the motion carried.

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




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Gay Cragun, City Recorder