City Council Minutes

Thursday, October 15,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 15, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Suzanne Allen
Councilmember Gail Bunker
Councilmember Jon Pike
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

EXCUSED:
Councilmember Gloria Shakespeare
Councilmember Jon Pike

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He announced that since there were only three Councilmembers present, all motions would have to be unanimous in order to pass. He advised that any applicant could withdraw his or her item from the agenda in order to have it heard later by a full City Council. He advised that several items were tabled from the agenda, including Item 3A to consider approval of an ordinance adding a requirement for secondary water systems in new subdivisions, and Item 3B to consider approval of an ordinance to add a requirement for front yard landscaping in single family residential zones. However, public hearings on the items will be held and continued if anyone is present to speak to these issues.

City Manager Gary Esplin advised that Item 5A, a resolution finalizing terms and conditions for sale of excise tax revenue bonds is also tabled from the agenda, as well as Item 6B to consider a request for an alcohol single event permit for the Elks.

Sgt. Thomas of the Dixie High School Air Force Junior ROTC introduced himself and advised he was pleased to have his unit present the colors and lead the pledge of allegiance, which they then did. Mayor McArthur invited each ROTC member present to introduce himself/herself.

Doug Alder advised that the 4th annual Book Festival will shortly be held. He advised they normally request $2500 from the City but instead this year are requesting waiver of the rental fee for use of the upstairs room in the Community Arts Building and permission to use the City Attorney?s office and budget to send out a mailing.

Councilmember Allen then offered the invocation.

MOTION: A motion was made by Councilmember Bunker to waive the rental fee for use of the upstairs room in the Community Arts Building by the Book Festival, and allow use of the City Attorney?s expertise and staff.
SECOND: The motion was seconded by Councilmember Pike.

City Manager Gary Esplin advised that the City is a sponsor of the Book Festival.

Mayor McArthur advised the Book Festival is also non-profit.

City Manager Gary Esplin clarified that since the City is a sponsor of the Book Festival, it is not setting a precedent by waiving the fee for use of the third floor of the Arts Building.

VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

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


City Manager Gary Esplin explained that while the City is still lagging in sales tax receipts, some positive changes have been seen. Budgets are being monitored daily to make sure they remain where they need to be.
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October 15, 2009
Page Two

Councilmember Bunker inquired if the car dealers had been paid for the Cash for Clunkers program and if the City has received the sales tax from this program.

City Manager Gary Esplin replied it was his understanding the dealers had not yet been paid. When they are paid, the City will receive its sales tax.

Councilmember Allen pointed out that little of the City?s budget comes from property taxes, and the City does not have a tax. Any property tax revenue is received from the County.

City Manager Gary Esplin explained that even though St. George properties have gone down in value, property tax rates are governed by the State and are not based on the value of the home. The tax rate is based on the amount of revenue a community needs to receive. The only way property taxes can be reduced is if services such as police, fire, street maintenance, etc. are reduced.

Councilmember Bunker urged St. George citizens to shop locally to benefit both the local businesses and the City.

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

Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Dixie REA to build an off-site power system for the Replacement Airport.

Purchasing Manager Connie Hood advised the amount of this agreement has been reduced to $857,106.11.

MOTION: A motion was made by Councilmember Allen to approve the agreement.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a contract with PBS&J to provide construction management services for the Replacement Airport paving and lighting project.

Purchasing Manager Connie Hood advised the amount of the contract is $1,374,653.42.

MOTION: A motion was made by Councilmember Bunker to approve the agreement.
SECOND: The motion was seconded by Councilmember Allen.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for asphalt, concrete, sand, gravel and rock.

Purchasing Manager Connie Hood recommended that the bid award be split as follows:
$175,000 to Western Rock for asphalt and concrete, and $25,000 to Bryce Christensen for
St. George City Council Minutes
October 15, 2009
Page Three

rock and road base. These are not-to-exceed amounts. She advised that five bid requests were sent out and four responses were received.

Councilmember Pike commented that some people believe the City Council shows favoritism when awarding bids, but bids are always awarded strictly by the numbers.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

PROCLAMATION:
Mayor McArthur read a proclamation designating October 16, 2009 as Snow Canyon Junior Girls Softball Little League All Stars Day in the City.

Jesse Shipp, Coach, introduced each of the girls. Mayor McArthur then presented each girl with a proclamation and City pin.

TABLE ITEMS:
Mayor McArthur again advised that Items 3A and 3B were tabled from the agenda.
City Manager Gary Esplin advised that Item 5A was also tabled.

RESOLUTION:
Consider approval of a resolution authorizing the issuance and sale of not more than $5,500,000 aggregate principal amount of General Obligation Refunding Bonds, Series 2009, of the City of St. George, Utah; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and approving the distribution of a preliminary official statement with respect to the issuance and sale of the bonds and related matters.

City Manager Gary Esplin explained that last week the market was at an historical low and if it comes back, there will be an opportunity to refund some G.O. bonds for parks and recreation and save the City $200,000. Approval of this resolution will allow the City to get everything ready to go in case the market changes. The terms will remain the same, as will the maturity date. The City will just be getting a better interest rate. The funds can be used for any project originally intended when the bonds were issued back in 1995 or 1996.

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

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

APPOINT POLL WORKERS:
Appointment of poll workers.

City Manager Gary Esplin explained the list of names provided is for the upcoming general election.

MOTION: A motion was made by Councilmember Bunker to appoint the poll workers as recommended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye

St. George City Council Minutes
October 15, 2009
Page Four

Councilmember Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

ALCOHOL PERMIT:
Consider a request for an alcohol single event permit for the Dixie Elks Fall Fun Fest. Dixie Elks Lodge/Jim Raburn, applicant.

Mayor McArthur advised this item has been removed from the agenda as state law does not require that it be approved by the municipality.

REPORT FROM PLANNING COMMISSION MEETING HELD OCTOBER 13, 2009.
Community Development Director Bob Nicholson advised the Planning Commission tabled a recommendation on a zoning regulation amendment to require all single family residential zones to provide at least one-half of the dwelling?s front yard in landscaping for more debate. A recommendation will be made at a later date.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission also heard a request to amend the general plan from low density residential to medium density residential on 5.92 acres north of Tonaquint Drive on Mesa Palms Drive north of and adjacent to the Beehive Homes. The Planning Commission recommended that a public hearing be scheduled to consider this general plan amendment for November 5 at 5:00 p.m.

MOTION: A motion was made by Councilmember Bunker to set the public hearing as recommended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Cathy Hasfurther advised that the Planning Commission recommended approval of the preliminary plat for Tonaquint Chapel Subdivision, a one lot subdivision, located west of Tonaquint Drive and south of the termination of 1600 West Street. The property is zoned R-1-10 and R-1-40.

MOTION: A motion was made by Councilmember Allen to approve the preliminary plat.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Cathy Hasfurther advised that the Planning Commission recommended approval of six final plats: Tonaquint Chapel Subdivision, Morningside Professional Plaza, The Casitas at Hidden Valley - Amended and Extended, 900 South Commercial Subdivision, Arrowhead Canyon Drive, and Airport Parkway and Desert Canyons Parkway Road.

MOTION: A motion was made by Councilmember Bunker to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye

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October 15, 2009
Page Five

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider amending Title 11, Chapter 5, Section 3, St. George City Code, to add a requirement for secondary water systems in new subdivisions.

Mayor McArthur advised that action on this item would be tabled but he would accept public comment. He then opened the public hearing.

Bob Amoroso expressed concern about water use and suggested the use of gray water recovery systems which would allow enough water for another 150,000 residents. He suggested that installation of secondary water systems should be less than $1000. He suggested the City Council consider a combination of gray water and secondary water use. He commented that the splash pad at the Town Square uses secondary water and inquired if it was checked for fecal contamination.

Mayor McArthur commented that all water that goes into the sewer system is reused as secondary water. It is treated at the wastewater treatment plant and then used again to water the City?s parks, golf courses, etc.

City Manager Gary Esplin advised that the City must adhere to state law with regard to water and the State is just not there yet with regard to gray water systems. The City cannot lessen any state water standard.

Councilmember Allen advised Mr. Amoroso that the water at the splash pad is treated water. A treatment facility had to be installed to treat it to the same standard as that of water in a swimming pool.

City Manager Gary Esplin explained the City?s water treatment system. He advised that the Brooks Pond water is not connected to the splash pad or any of the facilities at Town Square.

MOTION: A motion was made by Councilmember Allen to continue the public hearing until the next regular City Council meeting.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider approval of an amendment to Title 10, Chapter 25, St. George City Code, to add a requirement for front yard landscaping in single family residential zones.

Mayor McArthur advised this item is still being considered by the Planning Commission and will therefore be tabled to a future City Council meeting. However, public comment will be heard at this meeting. He then opened the public hearing. There was no public comment.

City Manager Gary Esplin suggested the item be tabled until the second regular City Council meeting in November.

MOTION: A motion was made by Councilmember Bunker to continue the public hearing as recommended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.


St. George City Council Minutes
October 15, 2009
Page Six

PUBLIC HEARING:
Public hearing regarding the intention of the City of St. George, Utah, to issue Industrial Revenue Bonds in an amount not to exceed $12,000,000 to be used to finance the acquisition of equipment and manufacturing systems for Apogee Enterprises, Inc. or any related company with respect to its Viracon facility located in St. George, Utah (the ?Project?).

City Manager Gary Esplin explained the City has received a request from the parent company of Viracon to expand their operation and acquire additional equipment. Under federal law the City can issue bonds for manufacturing facilities. Washington County has been determined to be a national recovery area and can allocate $61,000,000 for bonds for companies such as Viracon to create jobs. A public hearing is required, but no further action at this time is needed.

Mayor McArthur advised that up to 150 additional jobs will be created at Viracon because of this expansion.

Mr. Esplin continued saying there is no recourse nor liability on the City.

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

PUBLIC HEARING:
Public hearing regarding the issuance and sale of not more than $6,000,000 aggregate principal amount of Water Revenue Bonds, Series 2009.

City Manager Gary Esplin explained that the City has a commitment from the Board of Water Resources to fund this project which will allow the City to build a treatment facility in the Ivins area to mix water from our wells with water from the Quail Creek Treatment Plant to meet federal arsenic requirements. It is hoped the project can be delayed for three to five years.

Mayor McArthur explained that the Washington County Water Conservancy District determined the cost per 1000 gallons to treat water and once that cost is met, it is cheaper for them to process the water. That savings has been passed along to the City and other members of the water pooling agreement.

Mr. Esplin explained this gives the City the opportunity to monitor costs and choose the one that makes the most sense to use. He advised he did not anticipate issuing bonds at this time. The public hearing gives the City flexibility to issue the bonds if desired.

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

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

Mayor McArthur recommended that Connie Jones be appointed to the Housing Authority Board to represent the residents of Dixie Sun Manor.

MOTION: A motion was made by Councilmember Allen to appoint Connie Jones as recommended.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the September 24, 2009 City Council meeting.

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

St. George City Council Minutes
October 15, 2009
Page Seven

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the September 30, 2009 City Council meeting.

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

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the October 1, 2009 City Council meeting.

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

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:

MOTION: A motion was made by Councilmember Bunker to adjourn to an executive session to discuss litigation.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Allen.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.




______________________________________
Gay Cragun, City Recorder