City Council

Thursday, May 21,2009
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 21, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:

Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Gail Bunker
Council Member Gil Almquist
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Judith Mayfield

EXCUSED:
Council Member Gloria Shakespeare
Council Member Jon Pike

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. Council Member Bunker led those in attendance in the pledge of allegiance and the invocation was offered by Reverend Alex Wilkie.

Mayor McArthur asked several students from Bloomington Elementary School to introduce themselves. The students than gave a presentation that provided details about how an additional recreation center would be beneficial to the people who live in the Bloomington area located on the other side of the freeway from the current St. George City Recreation Center. A model that 10 of the students had designed and built was displayed. Five of the students explained what the recreation center would look like and described the various functions it would have and how it would be used by the community members.

Mayor McArthur thanked the students and stated that they had done an excellent job in building the model and in presenting their ideas.

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

CONSENT CALENDAR:
Consider approval of the financial statement for April, 2009.

City Manager Gary Esplin explained that expenditures were less than 12-month averages and revenues were also down in the general fund. He said enough adjustments had been made to the budget that the City would make it through the current fiscal year in the black.

Council Member Bunker asked if more ridership was up for SunTran.

City Manager Gary Esplin said that the number of riders were up from the past.

MOTION: A motion was made by Council Member Bunker to approve the financial statement as presented.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Almquist - aye
Council Member Allen - aye
Council Member Bunker - aye

St. George City Council Minutes
May 21, 2009
Page Two

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting an identity theft policy.

Phil Peterson, Finance Director stated that as of May 1, 2009 all municipal utilities were required to have a Red Flag policy. Mr. Peterson explained that the resolution states that the City has a policy in place with procedures that outline the specific items that are being secured and what type of protective measures are in the City?s software to safeguard an individual?s private information. He said that the policy also includes a procedure that would be followed if someone believed there had been a breach in the security.

Council Member Bunker asked if there had been any problems with identify theft in the past with City accounts.

Mr. Peterson said that there was one incident involving a resident of North Carolina who called about a St. George utility payment that was on their credit card. He explained that when they investigated the matter they found that the individual has rented a car from one of the companies at the airport and an employee of the rental car company had taken the credit card number. Mr. Peterson said that they immediately contacted the police and the matter was taken care of.

Mr. Peterson said that the policy required that he provide the City Council with an annual report that would include any incidents that had occurred over the prior 12 month period and that the employees in the Finance Department be trained on the policy every year.

MOTION: A motion was made by Council Member Bunker to approve the resolution adopting an identity theft policy and to authorize the Mayor to sign it.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a farmer?s market at Ancestor Square.

City Manager Gary Esplin stated the event had been held in the past and there had not been any problems. He explained approvals had been obtained from the Fire Department and the Police Department. He said the event began on May 9, 2009 and would be held every Saturday until October 31, 2009 between the hours of 8:00 a.m. and noon.

MOTION: A motion was made by Council Member Allen to approve the special event permit for a farmer?s market at Ancestor Square.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Project Manager Todd Jacobsen explained that the final plat had been approved by the City Council last year but at that time staff were unaware of an old road alignment that

St. George City Council Minutes
May 21, 2009
Page Three

needed to be abandoned. He stated that they were requesting approval of the Road Dedication Plat and Abandonment of the old road alignment.

MOTION: A motion was made by Council Member Bunker to approve the Road Dedication Plat amendment.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Craig Harvey, City Planner, explained the request was to construct a residential garage/non-commercial workshop. He stated the height would exceed the allowable building height of 15?, unless a conditional use permit was granted for a greater height. Mr. Harvey said that the property was located at 2283 South 2410 East adjacent to, but not part of, the Crimson Cliffs subdivision. He said the property currently is zoned A-1. He said other single-family residences and A-1 zoned properties are adjacent to the property. Mr. Harvey explained that there is no specific rule regarding an accessory structure?s height in the A-1 zone as long as the building is used for agriculture or agri-business. Since the building would not be used for either purpose, Ord. 10-14-13 (A) applies which states ?...Buildings and structures...may be erected to a height greater than the height allowed...subject to conditional use recommendation by the planning commission and approval by the city council.? and Ord. 10-14-13 (D) applies which states ?...No building which is accessory to a one-family...dwelling shall be erected to a height greater than one story or fifteen feet (15?).? Mr. Harvey said the proposed building height is approximately twenty-four feet (24?). He stated the garage will match the existing home?s finish materials and will be similar in design.

Mayor McArthur asked if there had been any objections raised at the Planning Commission meeting.

Mr. Harvey stated that there had not been any objections and that similar requests had been approved in the past.

MOTION: A motion was made by Council Member Allen to approve the Conditional Use Permit for garage height.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider approval of the Consolidated Plan for the period 2009-2014 under the federal Community Development Block Grant (CDBG) program.

City Manager Gary Esplin said the City had a 5 year plan in place and this is an amendment to that plan. He asked David Bates, CDBG Administrator, to briefly discuss the plan. Mr. Esplin explained HUD had recently conducted an audit of the program and the audit report was very good. He complimented David Bates on his management of the CDBG program.

CDBG Administrator David Bates stated the Consolidated Plan was needed to identify the needs of the community for a 5 year period. He explained that the Action Plan for the fiscal year 2009-10 was included in the Consolidated Plan.

St. George City Council Minutes
May 21, 2009
Page Four

City Manager Gary Esplin explained the public hearing is required to obtain public input and comment on the 5 year Consolidated Plan as well as on the Action Plan for the 2009-10 fiscal year.

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

Council Member Bunker asked if the Down Payment Assistance Program went to entities in the St. George area.

Mr. Bates explained the City has contracted with 5-County to administer the program but the homes can be purchased anywhere in the City of St. George. He stated the program provides down payment assistance for existing homes to individuals who meet certain eligibility requirements. He said since March of 2008 there had been 25 loans and there were 2 more in the process. Once those 2 loans were finalized, all of the money from the program for the existing year would be used.

MOTION: A motion was made by Council Member Bunker to approve the Consolidated Plan.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

AMENDED ACTION PLAN:
Consider approval of an amended Action Plan for FY 2008-2009 for the Community Development Block Grant program.

City Manager Gary Esplin explained under the federal stimulus program, the City would receive an additional $128,777 in CDBG funds under the current budget program. He said the plan is to use the funds for the Forest Park construction project and to purchase the adjoining vacate lot to add to the neighborhood park in Middleton.

MOTION: A motion was made by Council Member Almquist to approve the amended Action Plan for FY 2008-09.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

CONSERVATION MANAGEMENT PLAN:
Consider a request to enter Stage 1 of the Conservation/Drought Management Plan.

Rene Fleming, W&E Conservation Coordinator, stated that is a routine request for the summer months to raise awareness for the need to conserve, specifically with respect to outdoor watering. She explained the request applies specifically to culinary water. She asked for a mandatory watering restriction of day time watering and watering be allowed between 8:00 p.m. and 8:00 a.m. She said the restrictions would not apply to use of irrigation quality water or to reuse water.

Council Member Allen stated the outreach and education programs that Ms. Fleming has provided have made a huge difference in having people conserving and modifying their landscaping.



St. George City Council Minutes
May 21, 2009
Page Five

Ms. Fleming said citizens can take advantage of the free Lawn Water Audit program by contacting Julie Breckenridge at 673-3617 to make an appointment for someone to come and access their landscaping system. She stated the Outdoor Rebate Program is still available for individuals who use moderate or low water use plants off the County plant list. The program provides up to $350 that can be used toward the cost of the plant material.

MOTION: A motion was made by Council Member Allen to approve the request to enter State 1 of the Drought/Management Conservation Plan and to have a mandatory watering restriction of day time watering.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

APPROVAL OF ADDENDEM:
Consider approval of Addendum No. 2 to a contract with Creamer and Noble for design services at the Replacement Airport.

Rick Crosman, Airport Manager stated the agreement would be for services that would include design of additional landscaping for the terminal, design of the general aviation access road on the west side and a wastewater collection trunk line addition to the sewer. He said the independent fee analysis came within 1% at $108,952.53.

MOTION: A motion was made by Council Member Bunker to approve Addendum No. 2 to a contract with Creamer and Noble for design services at the Replacement Airport.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Creamer and Noble to perform construction management for the Replacement Airport culinary waterline.

Rick Crosman, Airport Manager said an independent fee analysis was developed on this and it indicated the approximate cost should be in the area of approximately $120,387.40 per phase. He stated that Creamer and Noble?s bid came in lower at $105,450.60 per phase. He explained this is the construction management for both Phase 1 and Phase 2 of the 16? on-site waterline that loops around the airport for a total cost of $210,901.20.

MOTION: A motion was made by Council Member Allen to approve the agreement with Creamer and Noble to perform construction management for the Replacement Airport culinary waterline.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.




St. George City Council Minutes
May 21, 2009
Page Six

COOPERATIVE AGREEMENT:
Consider approval of a UDOT cooperative agreement for a Replacement Airport grant for construction of the terminal building.

Rick Crosman, Airport Manager stated approval of the cooperative agreement would allow them to use stimulus funds for terminal building. He said there would be approximately $5 million dollars for the terminal building from the stimulus funds.

MOTION: A motion was made by Council Member Bunker to approve the UDOT cooperative agreement for a Replacement Airport grant for construction of the terminal building.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

Mayor McArthur left the City Council chambers.

Mayor Pro-tem Allen proceeded with the meeting.

APPROVAL OF MINUTES:
Consider approval of the minutes of the April 30, 2009 City Council meeting.

MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor Pro-tem Allen called for a vote, as follows:

Council Member Bunker - aye
Council Member Almquist - aye
Mayor Pro-tem Allen - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the May 7, 2009 City Council meeting.

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 Pro-tem Allen called for a vote, as follows:

Council Member Bunker - aye
Council Member Almquist - aye
Mayor Pro-tem Allen - aye

The vote was unanimous and the motion carried.

Mayor McArthur returned to the City Council chambers and proceeded with the meeting.

APPOINTMENTS:
Appointments to various boards and commissions of the City.

Mayor McArthur recommended that Sid Atkin, Heber Jones and Allen Jacoby, Jr., be appointed to the Public Arts Committee. He asked if they needed to declare the terms of the appointments.

Shawn Guzman, City Attorney stated the individuals could be approved and start on the committee and he would have Gay Cragun, City Recorder report on the terms of their appointments at the next regular City Council meeting.



St. George City Council Minutes
May 21, 2009
Page Seven

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

Council Member Bunker - aye
Council Member Almquist - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

AMENDMENT OF MINUTES:
Shawn Guzman, City Attorney stated the approved April 9, 2009 minutes were incorrect. He explained as they were going through the final stages of making the changes to the water line bid they became aware of the error. He said the approved minutes currently state ?...it is recommended that the City accept the bid and move forward. The engineer?s estimate was $1.2 million, and the bid came in at $600,000.? He said that because the figures in the minutes were rounded, the minutes need to be amended to read ?The bid was approved for $1,258,934.84.?

MOTION: A motion was made by Council Member Almquist to approve the amendment of the April 9, 2009 minutes as noted.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Almquist - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

A citizen in the audience asked Mayor McArthur if he could address the council members.

Mayor McArthur invited the citizen to come up to the podium.

Mr. Archie Iverson stated he was the owner of River Bend Estates. He talked about the problems he was having was some of the people who were renting from him and who were getting notices from Code Enforcement about violations. Mr. Iverson asked if the City could help him in some way.

Mayor McArthur stated the City codes have to apply to everyone in the City. He said one area can?t be exempt from the codes.

Mr. Richard Riveria asked to speak to the council members. He talked about the need to find a facility to use for a soup kitchen that would have to stop operating out of the St. George Catholic Church as of June 30, 2009.

Mayor McArthur stated the City doesn?t have any available space for a program like that. He offered some other suggestions for Mr. Riveria to consider.

ADJOURN TO EXECUTIVE SESSION:

MOTION: A motion was made by Council Member Almquist to adjourn to executive session to discuss personnel and property items.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Almquist - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.




St. George City Council Minutes
May 21, 2009
Page Eight

RECONVENE AND ADJOURN:

MOTION: A motion was made by Council Member Allen to reconvene and adjourn.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Bunker - aye
Council Member Almquist - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.




Judith Mayfield, Deputy City Recorder