City Council Minutes

Thursday, October 1,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 1, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Suzanne Allen
Councilmember Gil Almquist
Councilmember Jon Pike
Councilmember Gloria Shakespeare
Councilmember Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Gary Esplin and the invocation was offered by Jon Pike.

Mayor McArthur announced that this morning a dedication of the Mayor?s Walk gazebo at Bluff Street Park was held. Mayor McArthur invited the public to attend a walk-through of the new courthouse tomorrow from 5:00 to 7:00 p.m.

Jennifer Harris of the Washington County Recycling Program presented a year-end report.

Deborah Reeder announced a new art exhibit at the St. George Art Museum entitled ?Visions on Zion? in celebration of Zion National Park?s 100th birthday.

AWARD OF BID:
Consider award of bid for airfield paving and lighting.

Purchasing Manager Connie Hood advised there were five respondents. The low bidder is Quality Excavation. Staff examined the base bid and alternates one and two and recommend awarding the base bid and both alternates in the amount of $18,554,170.41.

City Manager Gary Esplin explained that alternate one is paving of the shoulders along the taxiways and runway. When the bids were opened, the FAA was present. They examined the base bid plus alternates and they recommend paving the shoulders. Aircraft blow rocks up onto the runway, and this is a safety concern. Alternate two is for concrete paving around the terminal building and this is important for the future. The reinforced concrete will be able to handle 737's or larger aircraft. Because the bid is under budget and since 90% of the funds for the airport come from the FAA, the FAA suggests we include both alternates. The low bid is $478,146,24 lower than the second low bid.

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

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

PROCLAMATION:
Craig Donaldson, Medical Director of the Cancer Center, and Deb Christensen, advised that October is Breast Cancer Awareness Month. Mayor McArthur read a proclamation proclaiming October 16 as Wear Pink Day in the City as a reminder for women to obtain an annual mammogram.

AWARD OF BID (CONTINUED):
Consider award of bid for airfield paving and lighting.


MOTION: A motion was made by Councilmember Bunker to amend her previous motion to award the bid as recommended in the correct amount of $18,451,525,71.
SECOND: The motion was seconded by Councilmember Allen.
St. George City Council Minutes
October 1, 2009
Page Two

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

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for construction of paved trail to connect the south end of the Virgin River trail to Bluegrass Way in Sun River.

Purchasing Manager Connie Hood explained there were six respondents to the bid inquiry. The low bidder was Progressive in the amount of $39,969.30.

MOTION: A motion was made by Councilmember Allen to award the bid to Progressive in the amount of $39,969.30.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Horrocks Engineers to provide construction management for the 120 East Street improvement project.

Purchasing Manager Connie Hood explained the agreement is in the amount of $88,064.

Mayor McArthur explained 120 East lies east of the Flying J and the project will alleviate problems on the east side of the freeway at Exit 4.

City Attorney Shawn Guzman commented that any approval should be subject to a change in the agreement to provide insurance naming the City as an additional insured.

MOTION: A motion was made by Councilmember Pike to approve the agreement subject to a change in the agreement providing insurance naming the City as an additional insured.
SECOND: The motion was seconded by Councilmember Bunker.

Councilmember Almquist inquired if this amount would complete the project.

City Engineer Dave Demas replied that it would.

VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for fertilizer and chemicals.

Purchasing Manager Connie Hood advised that six bids were submitted. Staff looked at each bid for the greatest number of items bid at the lowest cost. This was Helena and Turf Irrigation was second. The recommendation is to award the bid not to exceed $200,000 for the year, with $150,000 to Helena and $50,000 to Turf Irrigation as a secondary source.
St. George City Council Minutes
October 1, 2009
Page Three

Councilmember Almquist inquired where Helena was located.

Ms. Hood replied their main office is in Las Vegas but they have a branch office in St. George.

Councilmember Almquist inquired if there was internal flexibility for a better price.

City Manager Gary Esplin replied the items can be bought locally if they are cheaper.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for polymer for the Wastewater Treatment Plant.

Purchasing Manager Connie Hood explained that last year the bid was awarded to a sole source supplier. This year another supplier presented an alternative product. Staff did a batch test with the new product and discovered that even though the product cost was cheaper, it did not treat as much product. Staff recommends the bid be awarded again this year to Polydyne, anticipating an amount not to exceed $150,000.

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

Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

ACCEPT DONATION OF PROPERTY:
Accept donation of 4.5 acres of property located on the northwest corner of Riverside Drive and 2200 East from Darcy Stewart

Leisure Services Director Kent Perkins advised the donation site is north of the dinosaur tracks and is zoned commercial, which makes the donation even more significant. He then reviewed the previous donations made by Mr. Stewart. Mayor McArthur then presented Mr. Stewart with a symbolic key to the City and thanked him for his generous donation.

Mr. Stewart commented that on behalf of his partners in Sun River, they acquired the property and are excited to donate it.

MOTION: A motion was made by Councilmember Pike to accept the donation subject to legal review.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.



St. George City Council Minutes
October 1, 2009
Page Four

BEER LICENSE/LOCAL CONSENT:
Consider a request for an on-premise beer license and local consent for a restaurant beer license for Wing Nutz located at 1091 North Bluff Street #311. Nathan M. Law, applicant.

City Manager Gary Esplin explained the application meets all requirements and staff recommends approval.

MOTION: A motion was made by Councilmember Pike to approve the beer license and local consent.
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
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider a request for an on-premise beer license and local consent for a restaurant liquor license for the Iggy?s Sports Grill. Jared Painter, applicant.

City Manager Gary Esplin advised this is for the new owner of Iggy?s. Staff recommends approval.

MOTION: A motion was made by Councilmember Allen to approve the beer license and local consent.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for a special event permit for the annual Summit Athletic Club Triathlon. Gene Trombetti, applicant.

City Manager Gary Esplin explained the event has been held the past few years without any problems. The police have reviewed the request. He recommended approval.

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

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

LIFT WATERING RESTRICTIONS:
Consider lifting the day time watering restrictions.

City Manager Gary Esplin advised it is that time of year when day time watering restrictions are lifted.

MOTION: A motion was made by Councilmember Allen to lift the day time watering restrictions.
SECOND: The motion was seconded by Councilmember Shakespeare.

St. George City Council Minutes
October 1, 2009
Page Five

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

Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Pipke - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

GRANT APPLICATION:
Consider approval to submit a Land and Water Conservation Grant application for funding in 2010.

City Manager Gary Esplin explained that the City has been successful in the past in getting its share of grant money. This grant money will be used for Forest Park. If the grant is awarded, the City must match the grant amount and bear the cost of operation and maintenance of the park once finished. The City has the resources to finance its share of the project cost. He recommended approval.

Mayor McArthur explained Forest Park is in the Middleton area.

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

Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Pike -
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming October as Community Planning Month in the City.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held September 22, 2009, recommended that public hearings be scheduled for October 15, 2009 at 5:00 p.m. to consider (1) a request to amend Title 11, Chapter 5, Section 3A, St. George City Code, to add a requirement for a secondary water system for new subdivisions, and (2) a request to amend Title 10, Chapter 25, St. George City Code, to add a requirement for front yard landscaping in single family residential zones.

MOTION: A motion was made by Councilmember Allen to schedule the public hearings as recommended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Jay Sandberg advised that the Planning Commission, at its meeting held September 22, 2009, recommended approval of the final plats for Chapel Hill Subdivision, Legacy Estates Phase 13 and Vista View Subdivision.

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


St. George City Council Minutes
October 1, 2009
Page Six

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

BUILDING DESIGN/CONCEPTUAL SITE PLAN:
Community Development Director Bob Nicholson explained the City has received a request for approval of the design and conceptual site plan for a temporary indoor ice skating rink on the corner of 200 West and Tabernacle. The skating rink will operate for five months beginning November 1 through March. The floor area of the test is 23,000 sq. ft. The original proposed site was on the northwest corner. The Planning Commission recommended approval subject to several conditions, some of which are that the noise from the compressor will be contained, a temporary metal storage container shall be permitted to house the ice making equipment, etc. The applicant has met with the Fire and Building Departments and the request meets all requirements. The white color of the tent is permitted. The applicants would now like to propose an alternate site to the south. The downside of this alternate site is that it is closer to the neighbors and there is noise potential. Another factor to consider is the alternate site is on asphalt which instead could be utilized as parking whereas the northern site is not utilized as parking. The Code requires a 24' setback from the property line.

Mayor McArthur commented he preferred the northern site.

City Manager Gary Esplin commented that staff supports the proposal and the northern site is better in staff?s opinion.

David Stanley and James Mitchell, applicants, advised that the northern site is located mostly on School District property and will require a cut into the existing parking lot. Some asphalt will have to be removed and dirt pulled from the top and moved to the bottom. They requested approval for either site in order to be open for business by November 1. They advised there is a higher cost to the northern site. The southern site is relatively flat and will require only minimal fill. Anchors would have to put into the asphalt, but this has been worked into the cost.

Mr. Mitchell advised that the company they are using has promised they will use a special technique to bore into the asphalt to anchor the tents that can be finished with a cap so there is no cracking of the asphalt.

Mr. Stanley stated that noise is a concern and they have the option of foregoing the buzzers and using light buzzers instead if necessary. The mechanical equipment will be located on the north end of the tent inside an insulated shipping crate. The tent will be located 150-160 feet away from any houses on the south site.

Mayor McArthur expressed concern about locating the tent on the south site as it would take up parking for City events.

Mr. Stanley advised capacity inside the tent is limited to a maximum of 300 persons. There will still be 78 parking spaces which should be ample. Evening traffic is expected to be high and they will seek a cross parking agreement with the School District to use their parking after hours.

City Manager Gary Esplin suggested using the northern site as it is further away from homes and allows more parking. He stated it might make more sense to move the tent to the middle of the site to improve parking.

Mr. Stanley replied that the slope is greater in the middle of the parking lot than on the south end. There is also a collection of storm drains and channels that run east and west that feed the drains. There is a significant fall from the middle of the site to the south but he would look into it.

Mayor McArthur commented he would rather see the northern site used which leaves the rest of the property useable.

Mr. Stanley advised that they have not been able to finalize anything with the School District and if they cannot do so, the northern site will not be feasible.


St. George City Council Minutes
October 1, 2009
Page Seven

Councilmember Shakespeare commented she felt the northern site was the best.

Councilmember Pike commented he felt the northern site was the best. He inquired if there was the ability to move closer to the road.

Councilmember Almquist suggested moving the building to parallel the street.

Mr. Stanly advised they are already eliminating one parking entrance and moving the building to parallel the street would take out both parking entrances.

Community Development Director Bob Nicholson advised there is no setback requirement in the C-4 zone.

MOTION: A motion was made by Councilmember Shakespeare to approve the building design and conceptual site plan subject to the recommendations of the Planning Commission.

Councilmember Bunker commented she was concerned that construction of this project would interfere with the Book Festival and Car Show which is scheduled for this general area.

Mr. Stanley replied that excavation will take one week. It will take two to three days to set up the tent.

Mayor McArthur suggested that the applicants plan around the timing of the Book Festival and shut down while these events are going on.

SECOND: The motion was seconded by Councilmember Allen.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to construct a 100' monopole telecommunications tower and associated equipment shelter in the east portion of the Ledges on north U-18. InSite Towers/Debbie DePompei, applicant.

Community Development Director Bob Nicholson explained that a conditional use permit is required to locate more than three providers on one pole. He displayed the site and site plan.

City Attorney Shawn Guzman advised that the City must treat all providers fairly and equally. He stated the City?s ordinance does not address what happens if the tower ceases to be used. He recommended that any approval be subject to stating that if the tower ceases to be used for cell tower activity, the tower must be removed. The City Council has the authority to determine the color of the tower, etc. He advised there is another structure of similar height in the vicinity.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit with the condition that if the tower ceases to be used for cell tower activity, it be removed.

Mayor McArthur commented that the tower should not be white or highly reflective.

AMENDED MOTION: Councilmember Pike amended his motion to include the provision that the color is subject to staff review.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Bunker - aye


St. George City Council Minutes
October 1, 2009
Page Eight


The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to construct a 100' lattice communication tower with associated equipment shelter on Lot 72 in the Ft. Pierce Industrial Park. InSite Towers/Debbie DePompei, applicant,
Councilmember Shakespeare excused herself from the stand citing a conflict of interest.

City Planner Ray Snyder displayed a site map. He advised that Alltel was approved for a tower in this area but it was never built and the approval has expired. Each site has gone through a wireless master plan process. The Planning Commission requested that InSite build a monopole instead of a lattice tower and they agreed. Mr. Snyder clarified that the pole will be built on Lot 73, not Lot 72. He read the Planning Commission findings and staff comments.

Councilmember Pike advised a letter has been received from Gilbert Jennings asking that this request be approved and request from Atlas be denied.

Mr. Snyder replied that any applicant has the right to request a conditional use permit. Staff does not have the power or authority to say it cannot process an application. The City does not enforce CC&Rs and this is a civil matter between the property owners.

City Attorney Shawn Guzman advised the City does not have legal authority to enforce CC&Rs. The City enforces its codes with regard to land use and has to follow its own ordinances. If a request meets all City ordinances and there is no reason to deny it, the City must approve it.

Councilmember Almquist commented that much effort has gone into aesthetics on River Road and this request seems out of place.

Mr. Snyder commented that the power poles along River are 50-70 feet high.

Councilmember Pike commented this area is an industrial area and these types of things are expected. He stated he did not see a problem with the request.

MOTION: A motion was made by Councilmember Pike to approve the request subject to the recommendation that the tower be a monopole instead of a lattice tower and that the color be approved by staff.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Shakespeare - abstained

The motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to construct a 100' monopole telecommunications tower with associated equipment shelter at 4241 South River Road in the Ft. Pierce Industrial Park. ATLAS Tower/ Jerome Gourley, applicant.

City Planner Ray Snyder advised that the Planning Commission recommended approval subject to its findings. A letter has been received from TurnKey Telecom in opposition to the request.

Mayor McArthur inquired if 100' was necessary.

Jerome Gourley, applicant, advised that this site has been selected for specific reasons. Substantial growth will occur largely to the south and main vendors will be locating in the Ft. Pierce Business Park. He advised they are not opposed to the InSite tower. He stated the site is owned by a private property owner not a part of the Jennings group. The tower is designed to be co-located with up to four carriers. He advised they would prefer to build it to 100' to enable room for up to four providers. However, if the City Council approves only 85', then that is what they will do.


St. George City Council Minutes
October 1, 2009
Page Nine

Councilmember Almquist commented there is a change in zoning toward the south in this area more toward commercial and residential and less industrial. He stated he would rather see a 100' tall tower there if the applicant can say that the height will serve the mixed uses further south. He stated he would never vote in the affirmative to locate a tower on the White Dome or any other hill just because this tower was not tall enough.

Mr. Gourley advised the Planning Commission recommended approval without any conditions. The tower will provide 360∘ coverage.

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit as recommended by the Planning Commission with a height of 100'.
SECOND: The motion was seconded by Councilmember Pike.

City Attorney Shawn Guzman suggested approval be subject to staff approval of the color and removal of the tower upon its lack of use.

AMENDED MOTION: Councilmember Bunker amended her motion to include staff approval of the color of the tower and that the tower be removed upon its lack of use as a cell tower.
SECOND: The amended motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - no
Councilmember Almquist - no
Councilmember Shakespeare - abstained
Mayor McArthur - aye

The motion carried.

Councilmember Allen was excused from the meeting and Councilmember Shakespeare returned to the stand.

APPROVAL OF MINUTES:
Consider approval of the minutes of the September 3, 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 Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the September 17, 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 Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the September 22, 2009 City Council meeting.

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

St. George City Council Minutes
October 1, 2009
Page Ten

Councilmember Shakespeare - aye
Councilmember Almquist - 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 Almquist to adjourn to an executive session to discuss property sales and purchases and litigation.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

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

Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.



_____________________________________
Gay Cragun, City Recorder