City Council Minutes

Thursday, September 2,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 2, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Gail Bunker
Councilmember Gloria Shakespeare
Councilmember Jon Pike
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 Dixie High School Jr. ROTC presented the colors and led the pledge of allegiance to the flag. The invocation was offered by Councilmember Nickle. Mayor McArthur announced that tomorrow is the kick-off of the Idle Free program which encourages everyone to turn off their car engines rather then let them idle in order to reduce fuel use and exhaust. He encouraged everyone to attend the latest show at the Art Museum. He read a proclamation proclaiming the week of September 17-23 as Constitution Week. He read another proclamation proclaiming the month of September as Preparedness Month.

Jason Whipple of the St. George Fire Department and Emergency Manager for the City explained a Preparedness Fair will be held September 11.

Sgt. Albert Gilman of the St. George Police Department recognized CERT members in attendance and advised the Department has trained nearly 600 CERT members, averaging 120 a year.

Becky Cox from the Volunteer Center, presented a power point presentation on the Youth Volunteer Corp Summer of Service recycling program. Each youth completed over 100 hours of service for a total of 2,600 hours of service in the community.

Mayor McArthur announced that September 9th the first annual Southern Utah Clean Air Summit will be held.

Sgt. Thomas advised that the Air Force Jr. ROTC cadets performed over 12,000 hours of community service last year. Their number has grown from 140 last year to 230 this year.

Phil Tuckett and Christina Schulz, representing DocUtah and Dixie College, advised there have been 474 submissions from 36 countries and 27 states. 134 professional films and 40 student films have been selected and will be screened over a nine day period.

Gary Sanders presented the Arts Commission annual grant awards to the following art groups: Celebrity Concert Series, Sears Museum Gallery, Choir Aleto, Red Rock Writers Guild, Southern Utah Heritage Choir, Southwest Symphony Orchestra, Southern Utah Songwriters Association, St. George Art Academy, St. George Book Festival, and the Fine Arts Committee of the Washington County School District. He recognized Summer Robertson and Sheila Bailey who will be rotating off the Arts Commission and presented them with parting gifts.

APPOINTMENT OF ACE JUDGE:
Appointment of ACE Administrative Law Judge.

Mayor McArthur recommended the appointment of Brian Filter as an ACE judge.

MOTION: A motion was made by Councilmember Almquist to appoint Brian Filter as an ACE judge.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

St. George City Council Minutes
September 2, 2010
Page Two

The vote was unanimous and the motion carried.

Mr. Filter advised that he has been a deputy Washington County attorney for 15 years and has taught at the College for 6-7 years as an adjunct instructor in criminal justice.

Councilmember Nickle commented he was in one of Mr. Filters classes at the college and he is an excellent teacher.

AWARD OF BID:
Consider award of bid for electrical materials for the energy warehouse.

Purchasing Manager Connie Hood explained this is an annual blanket bid and a request for bids was sent to two suppliers but only Codale responded. She recommended award of the bid to Codale in an amount not to exceed $350,000 for the year. This is the same amount as approved last year.

MOTION: A motion was made by Councilmember Pike to award the bid to Codale in an amount not to exceed $350,000 for the year.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF CONTRACT:
Consider approval of the annual renewal of service contract with GE International.

Purchasing Manager Connie Hood explained the service contract is for O&M maintenance personnel for engineering and reserving blocks of hours for field service. She recommended approval in the amount of $400,000.

MOTION: A motion was made by Councilmember Bunker to approve the contract 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 Shakespeare - aye
Councilmember Nickle - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for a full service restaurant liquor license for La Frontera Restaurant at 1183 East 100 South. Terry Montano, applicant.

City Manager Gary Esplin explained the location is the former Scaldonis building. The applicant has a number of restaurants in the Salt Lake area and the application meets all requirements. 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 Nickle - aye
Councilmember Almquist - aye
St. George City Council Minutes
September 2, 2010
Page Three

Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 24, 2010, recommended that a public hearing be scheduled for September 23, 2010 to consider amending several sections of the St. George City Code to classify churches as a permitted use in residential zones.

MOTION: A motion was made by Councilmember Almquist 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 Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen explained the Planning Commission recommended approval of the roadway dedication plat for Silver Cloud Drive located in the Ledges on the west side of the highway at 1900 West and 5000 North. The applicant would also like to change the name in the future to Valdera Drive. A public hearing on this plat was held in May but approval was withheld because the correct signatures were not on the plat. The second final plat is for The Woods at Valley View Amended and Extended located east of Valley View Drive and south of the Santa Clara River at 1535 West and 520 South. Zoning is PD. The purpose of the amendment is to correct the lot lines previously dedicated through the county and to realign the lots along the NRCS riprap wall. Emergency access easements will also be moved closer to the NRCS riprap wall. Property in the river will be deeded to the City.

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

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

The vote was unanimous and the motion carried.

LOT SPLIT:
City Planner Craig Harvey explained the Planning Commission recommended approval of a lot split located on the north side of 3670 South between Little Valley Road and Bentley Road. Zoning is RE-37.5. Surrounding zoning is all AG-1. The applicant proposes to move a lot line resulting in two parcels - one will be 3.1 acres and the other will be 4.2 acres. The applicant is dedicating easements and will have to dedicate one half of the road not currently dedicated. Easements will have to be abandoned which were part of an illegal lot split. The applicant will also sign a delay improvement agreement to attach to the sewer.

City Manager Gary Esplin commented that in order to build on Lot 2, improvements will have to be made to gain access to the lot.

Mr. Harvey advised the Planning Commission recommended that the road be dedicated prior to building on the lot.

City Manager Gary Esplin suggested that not only will be the road have to be dedicated, improvements will have to be made. He stated that staff will have to be diligent to make sure no building permit is issued until the improvements are in.


St. George City Council Minutes
September 2, 2010
Page Four

City Attorney Shawn Guzman advised that a development agreement can be recorded on that lot.

Mr. Alldredge, representing the Color Country Baptist Association, advised there is a water meter on the illegal lot and his concern is that the trees be kept alive. The applicants are a mother and son and they are aware of the requirements.

MOTION: A motion was made by Councilmember Pike to approve the lot split subject to the terms recommended by the Planning Commission and a development agreement for improvements as recommended by the Legal Department.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Mayor McArthur invited several Scouts and students in the audience to introduce themselves.

AGREEMENT:
Consider approval of a supplemental agreement with Quality Excavation for the Replacement Airport paving and lighting project.

Public Works Director Larry Bulloch explained the City has received a request from the contractor to approve a supplemental agreement. The FAA requires this special agreement to address when accumulated changes exceed 25% of the original contract value. Substantial changes have been made in the GA and FBO areas with some multi-million paving increases. These changes were deliberately left out to make sure the project was under budget and then when prices came in low, there were surplus funds to do additional work which exceeded the 25% threshhold. This requires renegotiating unit prices. The City executed change orders, but the supplier advises that they will not honor the original price because oil prices have increased. The supplier requested that the oil increase be added to change order no.5, but the City asked for better justification. The request was for $114,000 in extra costs, but after finding a better prices, they are asking for an increase of $80,670.30. Staff recommends approval.

City Manager Gary Esplin inquired if the supplier agreed on other unit prices.

Mr. Bulloch replied this increase is just for the paving and lighting portion of the project and $600,000 was budgeted for the possible adjustments. The actual cost is $577,849.80.

Mr. Esplin explained he met with staff to determine what, if anything, is still coming and to stay within the budget. The project is still under budget.

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

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

The vote was unanimous and the motion carried.

Mr. Bulloch explained that the new airport is on schedule and under budget. Navigational aids are being finished and the FAA will do a check next week. The FBO paving area will be complete this week. The GA paving will be complete by the end of next week. The phone systems are about done and by the end of the month all access roads will be complete and the landscaping will be done. In early October the terminal will be done with final flight check in November. In December the ARFF building will be complete and

St. George City Council Minutes
September 2, 2010
Page Five

the loading bridge will be finished by the end of December. There will be about 60 private hangars built between now and January.

APPROVAL OF MINUTES:
Consider approval of the minutes of the August 19, 2010 City Council meeting.

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

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

The vote was unanimous and the motion carrid.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss property purchases was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Councilmember Pike.
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 Bunker - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

MISCELLANEOUS DISCUSSION:
A brief discussion was held on health concerns at the Dixie Care and Share facility.

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

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

The vote was unanimous and the motion carried.


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Gay Cragun, City Recorder