City Council Minutes

Thursday, March 18,2010



CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Gail Bunker
Councilmember Ben Nickle
Councilmember Gil Almquist
Councilmember Jon Pike
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
Councilmember Gloria Shakespeare

OPENING:
Mayor Pro Tem Bunker called the meeting to order and welcomed all in attendance. The invocation was offered by Alex Wilkie and the pledge of allegiance was led by Ben Nickle.

Mayor Pro Tem Bunker encouraged everyone to attend the inauguration of Pres. Nadauld tomorrow at 11:00 a.m. in the Cox Auditorium and the Art Around the Corner Opening Gala on Saturday morning.

CONSENT CALENDAR: Consider approval of the financial statement for February, 2010.

City Manager Gary Esplin advised the City is still behind in sales tax. Additional cuts to the budget have been made and more may be needed.

Councilmember Pike arrived.

Councilmember Almquist explained that the City is eight months into its fiscal budget as the fiscal year begins July 1.

MOTION: A motion was made by Councilmember Nickle to approve the financial statement.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Nickle - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for Fire Station #8 on Bluegrass Way.

City Manager Gary Esplin advised the fire station will be built with one-time capital funds which have been collected over the past years from impact fees for the fire department. These one-time funds can only be spent for capital - not personnel or equipment.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Velocity Construction, a local vendor, in the amount of $1,525,973.

City Manager Gary Esplin explained there is currently $1,300,000 in the impact fund for this project. Additional funds needed for construction will be taken from the capital project fund, with a due-to fund created and as impact fees are collected, this fund will be paid back. It is not anticipated that another fire station will be built for a while, so this fund should be able to be paid back within the next few years. He explained this site will serve the Bloomington, Sun River and Hidden Valley areas, and while it is a prime location, it is on solid rock.

Architect Les Stoker advised that the construction timetable is nine months.


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March 18, 2010
Page Two

City Manager Gary Esplin explained that the site was obtained by purchasing a portion of it from SITLA, with the rest being donated by Darcy Stewart, the developer of Sun River. Mr. Stewart also leveled the site.

Councilmember Nickle inquired about the next lowest bid.

Councilmember Almquist replied it was Interwest Construction in the amount of $1,530,000.

City Manager Gary Esplin advised that the majority of bids were within $60,000 of the low bid.

MOTION: A motion was made by Councilmember Pike to award the bid to Velocity Construction in the amount of $1,525,973.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for testing and tuning services on Millcreek Plant Unit 2.

City Manager Gary Esplin advised these services are necessary in order to meet NERC standards and federal regulations.

Energy Services Director Phil Solomon explained the City has received a letter from the contractor deeming the project mechanically complete. All systems are installed and initial tests completed and all systems have been installed properly. The City also has a letter from G.E. stating the turbine has been set according to their standards. A firing of the turbine has been scheduled for March 30 to take it to sync idle to make sure all systems are working. A real test on the unit will start mid-April with a 48 hour reliability run. The project is on schedule and $2.5 million under the target price and the savings will be shared with the contractor.

City Manager Gary Esplin advised that with this new gas turbine the City has further diversified its portfolio of energy, including coal, wind, hydro and sun. The Citys balanced portfolio is the best in the state and if a carbon emissions tax is imposed, it will not be hurt as badly as other places. The City is also in a better reliability position.

Mr. Solomon advised the City can generate 100 megawatts. Nine months of the year the City can live on 80-90 megawatts.

MOTION: A motion was made by Councilmember Almquist to approve the change order.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for play equipment shade structures for Cottonwood Cove Park and the Fields Phase 2.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Wicked Shade, in the amount of $68,440.

Councilmember Nickle inquired what the shade was constructed of and its life span.
St. George City Council Minutes
March 18, 2010
Page Three

Mark Goble advised an RFP process was used. There is a 20 year warranty on the structure and a 10 year warranty on the fabric. The structure is similar to the one at Firehouse Park.

MOTION: A motion was made by Councilmember Pike to award the bid to Wicked Shade in the amount of $68,440.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT FOR LIQUOR LICENSE:
Consider approval of an on-premise beer license and local consent for a limited restaurant liquor license for Ichiban Seafood Buffet at 969 North 3050 East #A1. Zeng Nuan Ye, applicant.

City Manager Gary Esplin advised there was a previous license at this location. The application has been reviewed by staff and meets all requirements. He recommended approval.

MOTION: A motion was made by Councilmember Pike to approve the beer license and local consent.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT/PROXIMITY VARIANCE:
Consider approval of a proximity variance to the Town Square and an on-premise beer license and local consent for a limited restaurant liquor license for the Electric Caf at 36 East Tabernacle. Linda McComb, applicant.

City Manager Gary Esplin explained this request is exciting because of its location and it meets the spirit of what the City has been trying to do in the downtown area, which is to bring people there after hours. This is dependent on having quality restaurants, and by all reports, this restaurant is exceptional. A variance request is needed because of its proximity to the Town Square. A variance request was previously approved for a restaurant in the Main Street Plaza building. The application meets City requirements and staff recommends approval.

MOTION: A motion was made by Councilmember Almquist to approve the local consent, beer license and proximity variance.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held March 9, 2010, recommended that public hearings be scheduled for April 1, 2010 to consider: (1) a zoning amendment to Title 10, Chapter 1, Section 14, St. George City Code, Annexations, to zone all land to be annexed into the City as

St. George City Council Minutes
March 18, 2010
Page Four

Mining and Grazing rather than R-1-10, (2) a zoning amendment to Title 10, Chapter 22, Section 3, St. George City Code, to add language that states that approval of a conceptual wireless master plan does not vest or grant approval to any specific site, and (3) a zone change for the Springs Pasture from A-20 to Open Space.

Councilmember Almquist inquired if there was flexibility to pre-zone land being annexed to the City, rather than have it come in as Mining and Grazing.


City Manager Gary Esplin replied that there is flexibility. The only place left to annex is south of the Southgate area west toward Green Valley and south to Bloomington. Based on past history most now want to get zoning entitlements up front before annexing.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

FINAL PLAT APPROVAL:
Community Development Director Bob Nicholson advised that the Planning Commission recommends approval of the road dedication plat for Ft. Pierce Area 4 Street Dedication located in the Ft. Pierce Industrial Park on the west side of River Road and north of Commerce Drive at 1040 East and 4100 South and 800 East and 4200 South.

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

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

Mayor Pro Tem Bunker invited several College students in the audience to introduce themselves.

AGREEMENT:
Consider approval of a utility relocation agreement with UDOT.

City Manager Gary Esplin explained that as part of building the new interchange, some of the power lines in the area have to be rerouted. Approval of this agreement will allow the City to move forward with the design to reroute the lines. The total cost of rerouting the lines will be borne by UDOT. The final draft of the agreement has not been received, therefore any approval should be made subject to legal review.

MOTION: A motion was made by Councilmember Almquist to approve the agreement subject to legal review.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.



St. George City Council Minutes
March 18, 2010
Page Five

APPROVAL OF MINUTES:
Consider approval of the minutes of the March 4, 2010 City Council meeting.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Mayor Pro Tem 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 litigation.
SECOND The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin explained the City has received bids from two existing FBOs for the new airport. The City is putting money in and around the FBOs yet only raising the rates from 15 cents to 18 cents a square foot. He advised he was contacted by someone concerned about the two FBOs financial stability. It is the Citys fiduciary responsibility to make sure the FBOs can perform. If the two FBOs do not have the financial capacity to invest millions in the new airport then the City will have less than it would like to have as far as FBOs. He instructed Larry Bulloch and Rick Crosman to meet with the Hansens and Joby Venuti and obtain proposals from them with regard to how they will build their facilities; where their financial backing is coming from, etc. If they cannot perform, the City will have to build the FBO and in time to service jets when the new airport opens. He advised he spoke with Mr. Venuti and instructed him to meet with Rick and Larry before meeting with the City Council.

City Manager Gary Esplin advised that the Warners were meeting with the State Economic Development Office about whether or not the project qualifies for a state incentive program. City Manager Gary Esplin advised that Mayor McArthur met with John Nord of UDOT to ask for a discount on the property needed for the Warner project. A possible trade was discussed.

Councilmember Pike reported on his recent trip to Washington D.C. and meetings with legislators.

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

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March 18, 2010
Page Six

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried. The meeting adjourned at approximately 5:30 p.m.



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Gay Cragun, City Recorder