City Council Minutes

Thursday, December 16,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 16, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Gail Bunker
Councilmember Gil Almquist
Councilmember Jon Pike
Councilmember Ben Nickle
Councilmember Gloria Shakespeare
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur


OPENING:
Mayor Pro Tem Bunker called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Councilmember Shakespeare and the invocation was offered by Pastor Jimi Kestin.

Kyle Case, representing the Huntsman World Senior Games, reported on the recent Games and advised it was a very successful year.

Mike Stephenson, representing the Ibigawa delegation, reported on their recent trip and presented a power point presentation. The students who participated then introduced themselves. Marc Mortensen presented photos of the trip. Leisure Services Director Kent Perkins explained how the trip is funded and how the delegates are chosen.

Marc Mortensen invited everyone to attend the new airport open house and ribbon cutting to be held January 12.

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

Mayor Pro Tem Bunker advised the Dixie Center has donated use of the facility for a Christmas Day meal for those in need. Volunteers are needed to help serve.

City Manager Gary Esplin advised that Item 6H has been tabled at the request of the applicant.

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

City Manager Gary Esplin advised the budget remains stable as far as revenues. Property tax will not be received until after the first of the year.

Councilmember Pike commented the City is 42% through its budget year and has spent only 38-39%.

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

The vote was unanimous and the motion carried.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to the headworks renovation design contract with Bowen Collins.

City Manager Gary Esplin explained the City entered into a contract with Bowen Collins for changes at the sewer treatment facility. Electrical work at the headworks was not

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December 16, 2010
Page Two

included in the contract and needs to be added. The amount of the change order is $13,611. He recommended approval.

Budget and Financial Planning Manager Deanna Brklacich advised the change order will bring the total amount of the contract up to $57,642.

City Manager Gary Esplin explained the headworks is where all the sewage coming into the plant is collected.

MOTION: A motion was made by Councilmember Shakespeare to approve the change order in the amount of $13,611.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for bulk fuel/gas station.

City Manager Gary Esplin explained the bids also reflect the cost to transport the gas to our facility.

Budget and Financial Planning Officer Deanna Brklacich explained four requests for bids were sent out, but only one responded - Overland Petroleum, the Citys current supplier. She recommended award of the bid to Overland Petroleum.

Fleet Manager Courtney Stephens advised the bid price includes a small mark-up for Overland plus freight. Overland has told the City that fuel will be $3.00 per gallon for the next six to eight months.

MOTION: A motion was made by Councilmember Pike to award the bid to Overland Petroleum in an amount not to exceed $1.275 million dollars.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order with Quality Excavation for construction of a car wash facility at the Replacement Airport.

City Manager Gary Esplin explained the change order is for cement and asphalt in order to meet all EPA requirements.

Budget and Financial Planning Manager Deanna Brklacich advised the amount of the change order is $91,033.40. The infrastructure and equipment will be a separate bid item.

City Manager Gary Esplin advised that further discussion is needed with regard to the rental car agencies to see if the structure is exactly what they need. The pump areas have to be meet EPA requirements.

MOTION: A motion was made by Councilmember Shakespeare to approve the change order.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:
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December 16, 2010
Page Three

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution increasing admission fees at the Dinosaur Museum.

Mayor Pro Tem Bunker explained it is recommended that admission fees be raised to $6 for adults, $3 for children, $20 annual pass for adults, and $10 annual pass for children. The dinosaur museum is doing well. A new exhibit will be opening on February 11.

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

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

The vote was unanimous and the motion carried.

ACCEPT PROPERTY DONATION:
Consider acceptance of a property donation.

City Manager Gary Esplin explained the donor needs the property donation completed by the end of the year for tax reasons. The property is located by the Halfway Wash north of Sunset Blvd. There are still details to be worked out, however, and he recommended that staff be authorized to work out the details so the transaction can be completed before the end of the year. There is no liability to the City.

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

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

The vote was unanimous and the motion carried.

SKYWEST LEASE:
Consider approval of a lease with Sky West at the Replacement Airport.

City Manager Gary Esplin explained that negotiations have just been completed. The lease is similar to the current lease with a two year initial period and thereafter two one-year renewals for a four year maximum. The lease rate is $1.50 per sq. ft. plus landing fees. Skywest will also pay a fuel charge of 6 a gallon. They are currently paying 1 a gallon. He recommended that approval be made subject to legal review.

MOTION: A motion was made by Councilmember Nickle to approve the lease subject to legal review.
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
Mayor Pro Tem Bunker - aye

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December 16, 2010
Page Four

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

LEASE:
Consider approval of a lease with Overland Petroleum for a gas station facility at the Replacement Airport.

City Manager Gary Esplin explained that Overland Petroleum will install the gas station facility as part of their bid. The Citys obligation is to put the pavement down and waive the lease payment and fuel fee for the first year. This will help them recoup their costs, and then after the first year they will pay a ground lease rate of 18 per sq. ft. and a fuel fee of 2 per gallon.

Budget and Financial Planning Manager Deanna Brklacich advised the term of the lease is for four years with two three-year options thereafter, or a ten year commitment.

City Manager Gary Esplin advised the fuel facility is needed for City trucks and police vehicles and will be available to the public as well. It is a win-win for everyone.

MOTION: A motion was made by Councilmember Pike to approve the lease as recommended and subject to legal review.
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
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

LEASE:
Consider approval of the Chandelle Aviation hangar lease agreement.

City Attorney Shawn Guzman advised that terms of the lease agreement are still being negotiated. The leaseholder wants to start on their hangar and the City does not want to hold them up. If there is any material change, a new lease will be brought back to the City Council.

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

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin explained that if the City receives a request for a GA hangar lease between now and the next time the City Council meets, he would like permission to approve the lease on the same terms as the Chandelle Aviation lease and then bring it to the City Council for ratification.

It was the consensus of the City Council to approve this request.

CAR RENTAL LEASES:
Consider approval of leases at the Replacement Airport for car rental agencies.

City Manager Gary Esplin explained there is the capacity to locate five car rental agencies at the new terminal building. There currently are four who lease at the old airport. The question is how to determine who gets what space at the terminal building. The City currently has three signed leases with Hertz, Avis and Enterprise. Budget has a question

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December 16, 2010
Page Five

with regard to liability insurance. The agreement states the lease rate is 10% of the gross revenue or $1.50 per month per sq. ft., whichever is greater. This was not reflected in the lease agreement. Staff is requesting authority to discuss this with the car rental agency operators. The Mayor recommends that selection of space be based on the amounts the rental car agencies generate to the City in gross rentals. The one who submits to the City the greatest in gross revenue would have first pick of the space. He advised that the agency who pays the most is double that of the second one, and the second one is more than double the third. He advised that staff wants to meet with the agencies the first part of next week to work out issues. He stated he felt the agreements were okay if the $1.50 charge can be worked out, as well as selection of the counter space.

MOTION: A motion was made by Councilmember Pike to approve the leases

City Manager Gary Esplin advised that three leases are being approved today, and there is a possibility of leases with National and Budget. If National and Budget will agree to the same terms and conditions as the other three leases, and they are signed tomorrow, he recommended approval of their agreements also. If terms cannot be reached, further negotiations would then be necessary.

AMENDED MOTION: Councilmember Pike amended his motion to include the provision that the leases are approved for all car agencies as long as they are identical to the ones approved tonight for Hertz, Avis and Enterprise, and subject to staff and the Legal Department working out the fine details.

SECOND: The motion was seconded by Councilmember Almquist.

City Attorney Shawn Guzman advised the motion should include approval for the City Manager to sign the leases.

SECOND AMENDED MOTION: Councilmember Pike agreed to include this provision in his motion, as well as selection of counter space be based on gross revenues to the City.

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

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

The vote was unanimous and the motion carried.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for directional signs to the Replacement Airport.

City Manager Gary Esplin explained that directional signs to the new airport are needed on the Southern Corridor. UDOT has been cooperative and has agreed to share some of the costs of these signs. The City will have to come up with $25,000 and UDOT will supply the labor to install the signs. Staff recommends approval.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreement in an amount not to exceed $25,000.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

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

The vote was unanimous and the motion carried.



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December 16, 2010
Page Six

VARIANCE REQUEST:
Consider approval of a variance request for the free-standing signs for Vintage Music & Pawn at 720 E. St. George Blvd.

City Planner Craig Harvey explained the Vintage Music & Pawn sign is a legal, non-conforming sign.

City Manager Gary Esplin advised that the existing sign projects into UDOTs right-of-way. The size of the sign is a legal, non-conforming use, but the issue is additional signage the applicant has attached to the sign.

Mr. Harvey advised the applicant has attached a changeable message marquee to the sign, and under the Citys ordinance, if the sign is changed, it has to conform to the current ordinance.

City Attorney Shawn Guzman advised that to say the sign is legal and the applicant has a right to change it is not correct. The City mistakenly approved it, but normally once the use of the building was discontinued, the sign would have to come into compliance.

Mr. Harvey advised the issue is the variance to keep the marquee on the sign. Under the Citys ordinance, 75 sq. ft. of sign area is allowed. The sign height is not the issue. The sign itself is 53.2 sq. ft. and the marquee is estimated to be a 4' x 8' addition, which would make the total sign larger than the ordinance allows.

Roy Beard, applicant, and owner of Vintage Music and Pawn, distributed pictures of other signs within the City where the marquee is the same width as the pedestal. He stated the sign has been in place for 25 years and when he took over the property, the sign had a 12 sq. ft. addition on the top, which he removed.

Councilmember Pike advised that because the sign is non-conforming, it cannot be added to without making the entire sign come into conformance with the ordinance.

City Attorney Shawn Guzman advised that the sign also exceeds the amount of square footage allowed.

Mr. Harvey advised that the total sign is 81 sq. ft.

City Attorney Shawn Guzman advised there are two issues. Some of the signs referred to by Mr. Beard have more square footage because the buildings they belong to are larger. The goal is not to have any hang over the right-of-way.

Mr. Beard advised he would consider shortening the sign so that it falls within the square footage requirement.

City Attorney Shawn Guzman advised that because the sign was added to, the entire sign would have to come into conformance with the ordinance.

City Councilmember Gloria Shakespeare commented that aesthetics is also an issue.

Mayor Pro Tem Bunker commented that while signs are important, the City does not want to clutter up its streets with signs.

Mr. Beard commented that he understood the Citys concerns, and he is willing to meet the City halfway if possible so he can keep his signage.

Councilmember Almquist commented that the City Council is very pro-business. Perhaps the sign could be moved on its pedestal more to the right so that it is out of the right-of-way.

Councilmember Pike suggested that Mr. Beard work with his sign company and City staff to bring the sign into compliance.

Mr. Beard replied it all boils down to cost. He does not own the building, but paid to have the lenses in the sign changed out. He advised he would take up the matter with the property owner.

City Manager Gary Esplin suggested the matter be continued until the next meeting.



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December 16, 2010
Page Seven

Mr. Beard commented that there are only a few businesses that will work in his location because of the lack of parking.

Councilmember Pike commented that if the owner will agree to a conforming sign, it will be a benefit to him long term.

Bob Nicholson suggested that the marquee portion of the sign be moved and attached to the building. He advised that just by moving the marquee portion of the sign, the sign would then be a legal, non-conforming sign.

MOTION: A motion was made by Councilmember Pike to continue the matter to the January 6 City Council agenda.
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
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

APPEAL OF SIGN PERMIT DENIAL:
Consider an appeal of a sign permit denial to construct a billboard to a height of 115 feet along Interstate I-15 south of the Dixie Center.

This matter was tabled.

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

Mayor Pro Tem Bunker recommended that Kelly Larson be appointed to the Shooting Park Board as the Citys representative.

City Manager Gary Esplin recommended that no action be taken as the City has received a request from the County to discontinue the Shooting Park Board and instead form it through a special service district.

Mayor Pro Tem Bunker thanked Kay Canterbury for her service on the Housing Authority Board, and recommended that Richard Hafen be reappointed and Dorothy Norton be appointed to fill Ms. Canterburys place.

City Attorney Shawn Guzman advised the Mayor asked that the Mayor Pro Tem make these recommendations in his absence.

MOTION: A motion was made by Mayor Pro Tem Bunker to reappoint Richard Hafen to the Housing Authority Board and appoint Dorothy Norton to the Housing Authority Board.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

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

The vote was unanimous and the motion carried.


APPROVAL OF MINUTES:
Consider approval of the minutes of the December 2, 2010 City Council meeting.

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


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December 16, 2010
Page Eight

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the December 9, 2010 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 Pro Tem Bunker called for a vote, as follows:

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

The vote was unanimous and the motion carried.

There being no need for an executive session, Mayor Pro Tem Bunker then dismissed the meeting.



_____________________________________
Gay Cragun, City Recorder