City Council Minutes

Thursday, March 19,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 19, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gloria Shakespeare
Council Member Gail Bunker
Council Member Jon Pike
Assistant to the City Manager Marc Mortensen
Deputy City Attorney Paula Houston
Deputy City Recorder Judith Mayfield

EXCUSED:
Council Member Suzanne Allen
Council Member Gil Almquist
City Manager Gary Esplin

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He then led those in attendance in the pledge of allegiance and the invocation was offered by James Grey Larkin.

Mayor McArthur excused Council Members Allen and Almquist, City Manager Gary Esplin and City Attorney Shawn Guzman.

Mayor McArthur explained that he, the other Council Members and the City Manager attended a number of meetings in Washington, D. C. He stated the Utah delegation members were also present. Mayor McArthur said they had met with the delegates who represent the St. George community and discussed several current priorities that are needed and are shovel ready. He said the trip was beneficial and he was hopeful that the St. George area would receive some of the federal and state stimulus money.

Mayor McArthur introduced Brandon Clark who presented a power point presentation on an Eagle Scout Project that he completed. The project was building steps down a steep slope to Hidden Valley Park. Brandon stated that a lot of other scouts helped with the project. Mayor McArthur presented Brandon with a Certificate of Appreciation from the City.

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

Mayor McArthur introduced Mr. Jack Rolfe from the School of Life Foundation. Mr. Rolfe explained that on March 28, 2009 the 2nd Annual March Mayhem in the Desert would be held at Pine View High School. Mr. Rolfe stated the event was sponsored by the School of Life Foundation, Tragedy Adult Services and T.E.A.M.R.A.W. Youth Outreach. The event brings a number of Washington County youth organizations together to encourage youth from the area high schools to get together. He explained the main events for the day would be two basketball games. Mr. Rolfe said there would also be other activities by the student bodies for the high schools. Portions of the proceeds from the event will be donated to the Children?s Justice Center and the Washington County School District Foundation. Mr. Rolfe introduced several of the team members, members of the student bodies, coaches and Tammy Fullerton, the Director of the Washington County Crisis Center.

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


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March 19, 2009
Page Two

Philip Peterson, Finance Director, said during the past 3 - 4 months the 2008-09 budget had been reduced 17.2% below the previous fiscal year. Mr. Peterson explained that the February sales tax revenues included the December?s quarter and was the largest drop in over 30 years. Mr. Peterson said he was cautiously optimistic that the reduced budget would be sufficient to get through the fiscal year.

Council Member Pike requested clarification. He asked Mr. Peterson if there had been a 10% reduction on the 2008-09 budget and another 7.5% that brought the total reduction to 17.5%. Mr. Peterson stated that was correct. He explained that some of the reduction had been accomplished through a partial hiring freeze and through attrition.

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

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

The vote was unanimous and motion carried.

AWARD OF BID:
Consider award of bid for Millcreek expansion circuit breakers.

Purchasing Manager Connie Hood explained that five suppliers submitted bids. She said Siemens was the low bidder and offered a 2 year warranty at no additional cost. She recommended award of the bid to Siemens in the amount of $57,750.

MOTION: A motion was made by Council Member Bunker to award the bid to Siemens in the amount of $57,750.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.

Mayor McArthur asked Ms. Hood to explain the recent changes in the bid amounts that need to be approved by City Council and what amounts can be approved by Purchasing.

Ms. Hood explained previously the Council had to approve any bid that was over $25,000. She said that now the Council had to approve any bid that was over $50,000. She said the City used to go out for formal bids on anything that was $10,000 or more but that now it would go out for formal bids on anything that is $25,000 or more. Ms. Hood stated it had been almost twelve years since the City had reviewed the approval amounts for the bidding process.

Mayor McArthur asked if all bids were reviewed by the Purchasing Manager.

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March 19, 2009
Page Three

Ms. Hood said they were.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a festival at Worthen Park. Southern Utah Polynesian Association, applicant.

Assistant to the City Manager Marc Mortensen explained that the request for the permit is for May 1st and 2nd, 2009. He stated that Business License Specialist Laura Woolsey had checked to make sure that all requirements have been met and that approvals had been obtained from the Police Department, Fire Department and the Parks Department. Mr. Mortensen said staff recommended approval for the special events permit.

Mayor McArthur asked if the applicant wanted to make any comments

Ronald Enos said he was the President of the Southern Utah Polynesian Association and stated that the association has given out several scholarships in the amounts of $200 to $300. He explained that the cultural festival is a three-fold activity. He said there is a concert, arts and crafts and various activities. Mr. Enos said the festival is intended to promote ethnic cultures.

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

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

The vote was unanimous and motion carried.

FINAL PLAT:
Assistant to the City Manager Marc Mortensen stated City Manager Gary Esplin noted that one of the items discussed in the Planning Commission meeting held on March 10, 2009 was a request from Sun River for approval of a final plat for ?Sun River Phase 29.? He said Mr. Esplin pointed out that there was still some concern about park property that was to be deeded to the City from either SITLA or Sun River. Mr. Mortensen said that had not occurred and asked Todd Jacobsen to discuss the issue.

Mr. Todd Jacobsen, Project Manager, stated the final plat was to create sixteen (16) residential lots. Mr. Jacobsen explained that Scott McCall, representative for Sun River had information about the park issue. Mr. Jacobsen stated the site is located on Heather Glen Drive at approximately 1550 West and 4900 South; the zone is PD. He said the staff and the planning commission recommended approval.

Mayor McArthur said he wanted to hear from the applicant about the park issue.

Mr. Scott McCall distributed a Sun River Parks Fact Sheet and map to the City Council. He stated that they had just found out about this concern four days ago through an email. Mr. McCall said he thought the issue was with the 4.6 acre area at the west end of Sun River Parkway. He explained they have recently started to put in a dog park in that area. Mr. McCall stated that two years ago Sun River came to the City and discussed trails, parks, and
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March 19, 2009
Page Four

the fire station. He said the fire station issue had been resolved with a donation of land and grading of the property. Mr. McCall said they followed up that discussion with the City with several meetings with the Parks Department and Sun River planned a general trails and parks scenario which is reflected on the map he handed out. He said the map shows exactly what was decided two years ago.

Mayor McArthur asked Mr. McCall if the land shown in the upper right hand corner of the map belonged to Sun River. Mayor McArthur said one of their concerns was where the trail comes through and being able to connect to the trail system and having the right of way to do that.

Mr. McCall said the 3.7 acres on the east edge of phase 13 that Mayor McArthur asked about had been the topic of recent discussions with Kent Perkins, Director of Leisure Services and Laura Taylor, Parks Planning Manager. He said he understood that mapping was being created along with trail design.

Mayor McArthur asked Mr. McCall if there was a right of way approved for that parcel of land.

Mr. McCall said it would be a dedication to the City.

Mayor McArthur asked Mr. McCall if the dedication had been made.

Mr. McCall said it had not been made.

Mayor McArthur asked Mr. McCall if they were willing to get the dedication made.

Mr. McCall stated that they were and they had committed to the City two years ago that they would do that. Mr. McCall said the same commitment had been made about the 4.6 acres at the end of Sun River Parkway. Mr. McCall explained that all of the land outlined in red on the map are parks scattered throughout the project.

Council Member Bunker asked Mr. McCall if those were public parks.

Mr. McCall said they were not. He stated they were all private. He said because of having so many private facilities throughout the project, introducing public parks would give redundant recreational facilities to the area. He said they have provided more than the City would under their current standards.

Mayor McArthur explained the City?s goal had been to have a public park within a half mile radius of every resident and they need to do that for this project as well. He stated the City had been collecting park impact fees that need to be expended in that area for public facilities.

Mr. McCall said Sun River had built a lot of open parks and they didn?t get used. He said that the Community Center gets used. He said trails would be a more appropriate recreational use in the Sun River area. Mr. McCall said SITLA had committed land for park use in their PD. He stated that he believed from his meetings with Kent Perkins and Laura Taylor they were moving forward with the portion of land along the east border of phase 13 for the trail. Mr. McCall said they would turn over the portion of land on the west end of the Sun River Parkway as soon as a trail head is established.



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March 19, 2009
Page Five

Director of Leisure Services, Kent Perkins stated he, Laura Taylor and Millie Cockerill had met two or three times in the last month with Mr. Darcy Stewart from Sun River due to a request from Sun River residents for the City to build a dog park. Mr. Perkins said he explained to the Sun River residents that the City didn?t own any property in the project.
Mr. McCall stated they had promised that parcel of land to the residents for a temporary use. He said the residents understood that the land would be turned over to the City at the appropriate time and would no longer be used as a dog park.

Mayor McArthur said the problem was that the City would get the backlash from the citizens when the land use was changed.

Mr. McCall said he knows that it will be difficult for the City. He said they could add the future use of the land to the disclosure list that is given to new buyers.

Kent Perkins explained the fence is already up around the property. He said Mr. Stewart is planning to move dirt into the lower level of the area to make it a larger usable space.

Council Member Pike asked who is responsible for the donation of the property that is identified as SITLA.

Mr. McCall said it was SITLA as part of their PD.

Council Member Pike stated he had heard from some Sun River residents that they don?t want a public park in their project and that he had heard from other Sun River residents that they do want a public park in their project. He said there needs to be a public park somewhere in the area whether it is in Sun River or on the SITLA land. Mr. Pike asked if some of the land designated for parks could be substituted for more trails.

Mr. Perkins stated the 4 -7 acres designated as SITLA park was because of the future high density use of the area. He said he had also heard that Sun River might eventually acquire the land. He explained the City needed to have the 4 - 7 acres for a park area no matter who owned the land.

There was a brief discussion about using land for additional trails.

Council Member Bunker asked if it was possible to have the trail head and the dog park in the same location.

Mr. Perkins explained that when the road goes through there won?t be any space for parking.

MOTION: A motion was made by Council Member Bunker to table the item for two weeks until there can be more discussion about the request.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.



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March 19, 2009
Page Six

PRELIMINARY PLAT AMENDMENT:
Cathy Hasfurther, Engineer IV, explained that the request was to amend the phasing plan for the previously approved Las Colinas Subdivision preliminary plat. She stated the phasing had been changed due to market conditions. She explained that nothing else had been changed as far as details on the construction plans. She said a development agreement was completed for this project that deals with the relocation of the overhead power line and construction of sewer line, Community Park, and trail. The development agreement is being amended due to the timing of the trail that will connect Bloomington to Sun River as well as the park that will be built.

Council Member Bunker asked how big the park would be.

Ms. Hasfurther said it would be between 3.5 and 4 acres. She explained that the report states there would be twelve phases but between the Planning Commission meeting and the City Council meeting the applicant requested that be changed to fourteen phases. She said the Parks Department had been working on getting the development agreement amended so everything will be in order as far as parks and trails.

MOTION: A motion was made by Council Member Pike to approve the request for the preliminary plat amendment with the staff recommendations and changing the phasing from twelve to fourteen.
SECOND: The motion was seconded by Council Member Bunker,
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.

HILLSIDE DEVELOPMENT PERMIT:
City Planner Ray Snyder stated the request to obtain a Hillside Development Permit for the construction of the Executive Plaza, a two-story storage building located at approximately 543 North Bluff Street had previously been before the City Council. He said Council Member Almquist had asked about parking at the last meeting. Mr. Snyder said the three story office building that is under construction on Bluff required 132 parking spaces and there were 154 parking spaces provided because of a future right of way expansion in the back. Mr. Snyder explained that there is no parking space standard for storage buildings. He stated the extra 22 parking spaces would be considered if a request was made in the future to change the use of the building. Mr. Snyder said the Hillside Review Board recommended approval of the permit with the following motion. ?A motion to approve the storage building as presented with the comments noted in the staff report and with the area at the back of the building improved for drainage and maintenance; these improvements shall include the ability to be wide enough for access by a small bobcat (equipment) with an approximate 4 ? to 5 ft. wide concrete area. The area will slope away from the building.?

MOTION: A motion was made by Council Member Bunker to approve the request with the stipulations made by the Hillside Review Board.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:



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March 19, 2009
Page Seven

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

The vote was unanimous and motion carried.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of a final plat for 3D Commercial Center Amended to combine Lots 2 and 3 at 2600 South and 100 East near the Brigham Road I-15 Interchange. Pope Engineering, agent.
Project Manager Todd Jacobsen explained the purpose of the amended plat is to join Lots 2 and 3 together into one lot, to be hereafter known as Lot 2 and eliminating Lot 3. He said this plat also reflects the changes from the previously filed lot merger of Lots 13, 14, 17, and 18. He explained that since 100% approval was not obtained a public hearing was required.

Council Member Shakespeare asked why they weren?t able to get 100% approval.

Mayor McArthur explained that if no one responds they can?t count that as an approval so a public hearing is required.

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

MOTION: A motion was made by Council Member Pike to approve the amended plat.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.

PUBLIC HEARING/AMENDMENTS TO THE RCC ZONE:
Public hearing to consider amendments to Title 10, Chapter 7F, St. George City Code, to modify development standards in the RCC zone.

Community Development Director Bob Nicholson stated the RCC Zone has been on the books since 2005. He explained that about a year ago the Council had appointed a small committee consisting of himself, Council Member Gloria Shakespeare, Cathy Hasfurther, Shawn Guzman, and Kim Campbell to review Title 10, Chapter 7F, St. George City Code. He said that Craig Harvey put together the second handout which was the RCC Zone Architectural Design Standards. Mr. Nicholson explained that many of the changes involved taking out redundant language and wordsmithing. He said the changes to the Zoning code deal mostly with the development standards for the RCC zone (section 3). He explained that strikeouts in the amendment indicated a recommendation to delete the wording and that proposed additional language was underlined.

Council Member Bunker asked if there was a contradiction between the language in paragraph F4 that states ?all homes shall front on a public street or onto a landscaped common green court area? and the change that was made in paragraph A where the


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March 19, 2009
Page Eight

recommendation is to change one sentence that reads ?All dwelling units shall have frontage on a public street.?

Mr. Nicholson said it wasn?t a contradiction but that it did need to be clarified. He said they should add the wording ?or including a common green court area.?

Council Member Shakespeare stated she was concerned that there wasn?t any language addressing the situation where a porch is built between two existing homes.

Mr. Nicholson said they could add language to paragraph B under Development Standards. He suggested that a sentence be added to the end of the paragraph that said ?where the new home is located between two existing dwellings, setbacks shall not be a lesser of the average of the two.?

Council Member Pike asked Mr. Nicholson to clarify what is meant by ?hipped roofs? in item 6, paragraph A under Architectural Design Standards.

Mr. Nicholson explained that Mr. Campbell felt the language should remain. He said they had a discussion on that item but he didn?t remember all the rationale for keeping it. He stated they could delay in order to get clarification.

Council Member Bunker stated they would not want it in the code if it were a detriment to what they want.

Council Member Pike said they found a definition of hipped roof that states ?It?s a house with no gables or other vertical sides to the roof. It?s a roof where all sides slope downward to the walls.? He said they would want to see a gable and would not want to see a hipped roof.

Mr. Nicholson said there were no other significant changes in that section. He said the ten architectural standards in paragraph A all apply to single-family dwellings. He explained the architectural standards in paragraph B all apply to multi-family dwellings designed with attached ?row house? design. He said paragraph D remained the same and that it allowed the planning commission to approve designs that met the intent of the standards.

Mayor McArthur explained they were guidelines.

Mr. Nicholson agreed. He went through the RCC Zone Architectural Design Standards handout, explaining that pictures were used to show what?s encouraged and what?s discouraged.

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

MOTION: A motion was made by Council Member Shakespeare to approve the amendments to the City Zoning Regulations along with the additional changes just discussed.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

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March 19, 2009
Page Nine

The vote was unanimous and motion carried.

PUBLIC HEARING/ISSUANCE AND SALE OF SERIES 2009 BONDS
Public hearing regarding the issuance and sale of the Issuer?s Sales Tax Revenue and Refunding Bonds, Series 2009 (the ?Series 2009 Bonds).

Assistant to the City Manager Marc Mortensen explained that this is combining the road bonds that were issued a year ago with the 1998 bonds. He said they are not going out to bond but they want to have everything in place with all requirements met so when the bond market improves they can act quickly.

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 issuance and sale of the Issuer?s Sales Tax Revenue and Refunding Bonds, Series 2009 (the ?Series 2009 Bonds).
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.

DESIGN AGREEMENT:
Consider approval of a design agreement with RS&H to design the ARFF building for the replacement airport.

Airport Manager Rick Crosman explained the design agreement with RS&H was to design the ARFF building for the replacement airport. He said the bid was in the amount of $234,860. He explained that they had an independent fee estimate. He said the FAA states for the bid to be valid it has to be plus or minus 10% of the independent fee estimate. Mr. Crosman said the bid from RS&H satisfied that requirement. He said that of the total amount, $188,556 is for the design phase, $6,339 is for the bid phase and an additional $39,950 in other direct costs related to the work.

Council Member Pike asked Mr. Crosman if this includes the construction of administration.

Mr. Crosman said they may be but that the construction of administration was pulled out of this because they had to get the ARFF building designed in order to maintain their time schedule.

Mayor McArthur asked if the ARFF building was part of the funding.

Mr. Crosman said it was federally funded.

Deputy City Attorney Paula Houston explained the Design Agreement had not been reviewed by the Legal Department. She requested any motion include being subject to legal review.



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March 19, 2009
Page Ten

MOTION: A motion was made by Council Member Pike to approve the request for a Design Agreement with RS&H to design the ARFF building for the Replacement Airport subject to review by the City?s Legal Department.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.

INTERLOCAL AGREEMENT:
Consider approval of an interlocal agreement with UDOT to construct the Valley View bridge.

Assistant to the City Manager Marc Mortensen explained that some stimulus money has become available to use for the construction of the Valley View Drive bridge. He said the City would be financially responsible for $1.2 million of the total cost.

Mayor McArthur said this is an agreement between UDOT, the City and the MPO. He said it is a three-tiered project and the overall cost is approximately $5.8 million.

Assistant City Engineer Cameron Cutler explained because of the STP FLX, the City would actually be responsible for $1,281,000.

Mayor McArthur stated the City needs to take advantage of this opportunity to fund the bridge at this time.

Council Member Pike asked Mr. Cutler if they knew how much of the money was from the federal stimulus funds.

Mr. Cutler said he did not know how much of the money was coming from the federal stimulus funds. He said $3.8 million was coming from UDOT but wasn?t sure how much of that was stimulus money.

Mr. Mortensen said the City would have to reprioritize some of the other projects in order to have the available funds.

Council Member Bunker asked about the design of the bridge.

Mr. Mortensen said the design was the one already approved by the Council.

Deputy City Attorney Paula Houston explained the Interlocal Agreement had not been reviewed by the Legal Department. She requested any motion include being subject to legal review.

MOTION: A motion was made by Council Member Bunker to approve the request for an Interlocal Agreement with UDOT to construct the Valley View Drive bridge subject to review by the City?s Legal Department.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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March 19, 2009
Page Eleven

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

The vote was unanimous and motion carried.

Council Member Shakespeare asked if the bridge would have 2 or 4 lanes.

Mr. Mortensen said he would find out and let the Council know.

BETTERMENT AGREEMENT:
Consider approval of a betterment agreement with UDOT for the Southern Parkway.

Assistant to the City Manager Marc Mortensen explained the agreement is necessary to implement the SIB loan between the State and the City for the two interchanges being built on the Southern Parkway by Desert Canyon. He said they have had the discussion before about the State loaning the money to the City and the City loaning it to Desert Canyon. Mr. Mortensen stated City Manager Gary Esplin has recommended approval.

Deputy City Attorney Paula Houston explained the Betterment Agreement had not been reviewed by the Legal Department. She requested any motion include being subject to legal review.

MOTION: A motion was made by Council Member Pike to approve the request for a Betterment Agreement with UDOT for the Southern Parkway subject to review by the City?s Legal Department.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held February 26, 2009.

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

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

The vote was unanimous and motion carried.

Consider approval of the minutes of the regular City Council meeting held March 5, 2009.
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March 19, 2009
Page Twelve

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 McArthur called for a vote, as follows:

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

The vote was unanimous and motion carried.

ADJOURN:

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

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

The vote was unanimous and motion carried.





Judith Mayfield, Deputy City Recorder