City Council Minutes

Thursday, November 5,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 5, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Mayor Daniel McArthur
Councilmember Gil Almquist

OPENING:
MOTION: A motion was made by Councilmember Bunker to appoint Councilmember Jon Pike as Mayor Pro Tem.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

Mayor Pro Tem Pike called the meeting to order and welcomed all in attendance. He excused Mayor McArthur and Councilmember Almquist who were out of town and advised that Councilmember Allen will be arriving late from a meeting in Salt Lake City. The pledge of allegiance to the flag was led by Councilmember Shakespeare and the invocation was offered by Shawn Guzman. Mayor Pro Tem Pike invited several students in the audience to introduce themselves.

TABLE ITEMS:
City Manager Gary Esplin advised that Item 4A to consider approval of an ordinance adding a requirement for secondary water systems in new subdivision, and Item 6A to consider approval of an on-premise beer license and local consent for a restaurant liquor license for Scaldoni?s, were tabled from the agenda. He advised that public comment concerning the secondary water system could be taken, but he recommended that no action be taken as staff is looking at innovative ways to address secondary water which may eliminate the need for this ordinance. He advised there is also an addendum to the agenda.

AWARD OF BID:
Consider award of bid for 2010 police package equipped vehicles.

City Manager Gary Esplin advised that because of the state of the budget, the City had to cut back on capital expenditures, such as vehicles. These vehicles, however, are being funded through a grant. There is no City match.

Purchasing Manager Connie Hood recommended award of the bid to Ken Garff in the amount of $22,598.39 each for three vehicles, in the total amount of $112,991.95. There is no longer a local presence for this type of vehicle. She advised that the grant is a stimulus package grant.

Councilmember Bunker inquired if the grant also covered equipment.

City Manager Gary Esplin clarified that this grant does not require a local match and is all inclusive.

MOTION: A motion was made buy Councilmember Shakespeare to award the bid to Ken Garff in the amount of $112,991.95.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor Pro Tem Pike called for a vote as follows:


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November 5, 2009
Page Two

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

CONTRACT:
Consider approval of a contract with Landmark Testing and Engineering to perform quality assurance testing services on the Replacement Airport project.

Purchasing Manager Connie Hood advised that the contract includes paving, lighting, parking and utility work in the amount of $762,607.04.

City Manager Gary Esplin explained that Jacobs had previously performed some testing, but testing is now being pulled out of their realm and a direct contract entered into with Landmark Testing. This testing was not included in the contract amount with Jacobs. It is important the testing be done correctly in order to qualify for FAA funding. It is not known if future change orders will be necessary.

Councilmember Shakespeare commented that the contract states that Landmark will have to verify the legal work status of its employees and that of any subcontractor.

MOTION: A motion was made by Councilmember Bunker to approve the contract.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order with Jacobs for nav aid airspace clearance.

City Manager Gary Esplin advised that while the change order is with Jacobs, Spectrum is the company doing the work. Microwaves move across the area where the planes will land and those signals could interfere with navigational aids. The contract is in an amount not to exceed $130,000 and will be with Spectrum but administered by Jacobs. Jacobs is not charging the City any fees to oversee the contract. He recommended that any approval of the contract be made subject to legal review.

MOTION: A motion was made by Councilmember Bunker to approve the change order in an amount not to exceed $130,000 subject to legal review.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution requesting loan monies from the State of Utah pursuant to HB 240 to provide matching funds for an indoor water rebate program.

Conservation Coordinator Ren? Fleming explained a matching funds grant is available from the Bureau of Reclamation. This is not a loan from the State. The amount of the grant is $75,000, and the City will have to match one-half this amount. The Washington County Water Conservancy District has committed $8,000 which leaves $29,000 for the City to match. The program is designed for toilet replacement in single family homes. She stated she hoped to expand the program to include multi-family residential units
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November 5, 2009
Page Three

and some commercial units. There is also some funding for replacement of urinals.
The grant would provide $37,000 for single family home toilet replacement, $12,000 for urinal replacements, and $18,000 for multi family units. A small portion of the funding will be used for advertisement of the program and her salary to administer the program.

MOTION: A motion was made by Councilmember Shakespeare to approve the funding for the matching grant by resolution.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor Pro Tem Pike called for a roll call vote, as follows:

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

Ms. Fleming advised now that she has approval to submit the grant, it is estimated the grant will be funded by July, 2010.

RESOLUTION:
Consider approval of a resolution abandoning a public utility and drainage easement south of the intersection of Canyon View Drive and Plantations Drive.

City Manager Gary Esplin explained the City was granted a new easement for a new power substation. Approval of this resolution will abandon the old easement so that it can be given back to the property owner in exchange for the new easement.

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

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution accepting the annexation petition known as the Replacement Airport Annexation.

City Manager Gary Esplin explained that acceptance of the annexation petition will begin the process. 70% of the affected property owners have submitted the petition. Staff recommends approval. He advised that staff has been working with the County and has obtained approval to build the airport within the County. All building which has been done has been done to City specifications in anticipation of this annexation.

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

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a request for an on-premise beer license and local consent for a restaurant liquor license for Scaldoni?s LLC. Johnny Devivo, Jr., applicant.

This item was tabled.




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November 5, 2009
Page Four

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission recommended that a public hearing be scheduled for November 19, 2009 at 5:00 p.m. to consider a code amendment with regard to front yard landscaping.

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

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission recommended approval of the final road dedication plat for 3000 East and Crimson Ridge Road. This plat was previously approved by the City Council on November 15, 2007 but was never recorded and expired.

MOTION: A motion was made by Councilmember Bunker to approve the final road dedication plat and authorize the Mayor to sign it.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

Mr. Nicholson advised that the Planning Commission also discussed allowing a limited number of hens and rabbits in single family zones. This proposed amendment to the code is out for review by various entities and will be coming to the City Council in the future.

CONDITIONAL USE PERMIT EXTENSION:
City Planner Ray Snyder advised the Planning Commission considered a request for a conditional use permit extension for a four story medical office building with an adjacent underground parking garage at 1100 East Tabernacle. The proposed maximum roof height is 58'. Zoning is C-2. This request was originally approved on September 18, 2008 but expired after one year. The applicant is requesting an extension and the Planning Commission recommends approval with the same findings and same conditions previously set by the City Council.

Councilmember Allen arrived.

City Manager Gary Esplin commented that in the past the City Council has approved requests such as this. The applicant has expended funds and staff is comfortable with the request.

City Attorney Shawn Guzman advised that the City Council is free to revisit the issue, but it approved the request before and the review was extensive.

City Manager Gary Esplin commented the request meets and exceeds City requirements.

Mr. Snyder advised that parking requirements are met. 48 spaces will be underground.

Councilmember Bunker expressed concern that parking may be a problem in the area due to the culdesac.

Mr. Esplin replied that parking will have to be monitored to see if there is a problem.


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November 5, 2009
Page Five

MOTION: A motion was made by Councilmember Shakespeare to approve the conditional use permit extension with the same conditions as originally approved and with the same findings.

SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Allen - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

TRAILS GRANT CONTRACT:
Consider approval of a trails grant contract between the Federal Fund Administration and City for trail construction.

Landscape Architect Millie Cockerill explained the City has been approved for matching funds of $89,282 for construction of a trail from Slick Rock Park on Riverside Drive along Riverside Drive across 2450 East to tie in with the 2450 East Park. The City currently has plans drawn and approved. The first order of business once this grant contract is approved is to get environmental clearance and then go out to bid. The environmental clearance usually takes several months.

City Manager Gary Esplin advised that the trail will finish up the sidewalk on the north side by Slickrock Park and will connect two parks together. The City?s matching funds of $89,282 will have to come from unencumbered funds in the capital projects fund.

Mayor Pro Tem Pike complimented staff on obtaining the grant as this leverages the City?s money and saves local tax dollars.

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

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

LEASE AGREEMENT:
Consider approval of a lease agreement with Dixie Igloo.

City Manager Gary Esplin recommended approval of the lease agreement at no charge for use of City property by the Town Square for an ice rink. Dixie Igloo is the applicant. The School District has negotiated a lease arrangement with the applicant. The applicant has agreed to restore the land and asphalt back to its original condition when they are through using the location. The applicant has agreed to pull out one week before the Arts Festival.

City Attorney Shawn Guzman advised that he has reviewed the agreement and there are no problems. As far as the location of the tent, it is exactly where the City Council approved.

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

Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Mayor Pro Tem Pike - aye

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November 5, 2009
Page Six

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the October 8, 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 Bunker.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the October 15, 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 Allen.
VOTE: Mayor Pro Tem Allen called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the October 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 Allen.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Allen - aye
Councilmember Bunker - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider amending the City?s General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential on 5.92 acres located north of Tonaquint Drive and Mesa Palms Drive. Sunwest Development, applicant. Dan Steurer, representative.

Mayor Pro Tem Pike advised that since there was not a full quorum present, the applicant could pull the item from the agenda to be heard at a later date.

Scott Bowler, applicant, advised that he would like to pull the item from the agenda.

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 Pro Tem Pike announced that public comment would be taken, but since staff has just learned about some new methods and opportunities, action will not be taken until these are explored. He inquired if anyone was present to speak to this item.


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November 5, 2009
Page Seven

William Reynolds, a resident of Sun River, advised he has a civil engineering and computing background. He endorsed the provision of something other than culinary water for lawn and yard irrigation, and stated it is important to do all possible to obviate the necessity for the burdensome pipeline concept being pushed on the City without any assistance from federal or state finances. He expressed concern about the five year exemption if the City cannot provide secondary water to a subdivision and stated there

needed to be measures taken so developers cannot take advantage of that. Developers should then be made to conserve in some other way.

City Manager Gary Esplin replied that a subdivision can only be excluded at the City?s option if there is no practical way to put the lines in.

Mr. Reynolds commented that five years is too short of a time frame and suggested ten years instead. He inquired if secondary water systems would be required for commercial and public projects as well.

Mr. Esplin responded that this ordinance does not deal with commercial projects. The City already has a requirement for commercial projects as part of the approval process.

Paul Van Dam , Executive Director of Citizens for Dixie?s Future, commented the main issue is water conservation. He commented that a five year window is too short.

City Manager Gary Esplin replied that the City of St. George is one of the only cities in the state which utilizes reuse water. The City, along with the Washington County Water Conservancy District, received federal funds to build a pipeline and treatment plant. The treated reuse water is piped to Gunlock and exchanged with farmers along the pipeline for their culinary water rights in exchange for reuse water which they now use for irrigation. The City has plans to build a big storage project on the Ft. Pierce and impound it and move it around the City where needed. The City also uses treated reuse water to water all its parks and golf courses.

There being no further public comment, Mayor Pro Tem Pike commented that the public hearing will be continued and further action taken within the next few months.

ADJOURN:
MOTION: A motion was made by Councilmember Bunker to adjourn.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye
Mayor Pro Tem Pike - aye

The vote was unanimous and the motion carried.





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Gay Cragun, City Recorder