City Council

Thursday, March 24,2011
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 24, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Ben Nickle
Councilmember Gil Almquist
Councilmember Gloria Shakespeare
Councilmember Jon Pike
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He then led the pledge of allegiance to the flag. The invocation was offered by Pastor Jimi Kestin.

Steve Carpenter, Executive Director of the Utah Recreation and Parks Association, presented awards to the Recreation Department for its outstanding programs.

Mayor McArthur read a proclamation proclaiming the fourth week of March as Wellness Week in the City and then presented the proclamation to Shana Bland, Director of the Senior Center, who then introduced her committee. The 2nd annual Health Expo will be held tomorrow at the Senior Center.

Public Works Director Larry Bulloch advised that the Utah Airport Operators Association recently awarded Rick Crosman with the Airport Manager of the Year Award and the American Public Works Association and ASCE have awarded the City with the Outstanding Civil Engineering and Public Projects Award for the new airport.

Jennifer Winward from the Solid Waste District presented a power point presentation on the Districts recycling program and presented a check to the City in the amount of $41,249.92 for its share of the recycled materials.

Mayor McArthur then invited several Scouts in the audience introduce themselves.

TABLE ITEMS:
City Manager Gary Esplin advised that Item 5C to consider approval of a resolution granting easements for golf cart travel on City streets within the Sun River community, and Item 6G to consider appeal of a sign permit denial to construct a billboard with a height of 115 feet to the top of the sign proposed along Interstate I-15 to the south of the Dixie Center, have been tabled from the agenda.

CONSENT CALENDAR:
Consider approval of airport hangar leases at the municipal airport with Alan Koharcheck and Straight Up Aviation

City Manager Gary Esplin advised that the leases are standard and meet all requirements. He recommended that any approval be made subject to all insurance paperwork being received and approved before the leases are executed by the City.

MOTION: A motion was made by Councilmember Pike to approve the leases subject to all insurance documents being in place.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for electrical work and repairs.

Purchasing Manager Connie Hood advised that one bid has been received from D. Blake Electric. The pricing is the same as last year. She recommended award of the bid to D.
St. George City Council Minutes
March 24, 2011
Page Two

Blake for City-wide repairs of electrical and HVAC systems in a blanket not to exceed $150,000. She said the amount used by the City each year is plus or minus 10% of $150,000.

MOTION: A motion was made by Councilmember Bunker to award the bid to D. Blake Electric in an amount not to exceed $150,000 for the year.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Crosby/Confluence Park restroom and pavilion.

Purchasing Manager Connie Hood explained that five bids were received. She recommended award of the bid to the low bidder, M&D Excavation, adding the alternate, for a total of $179,593.75.

City Manager Gary Esplin explained this project is being completed as part of the I-15 project. When the overpass was put in, an existing park had to be taken out. The City has a betterment agreement with UDOT to replace the restroom facility. He recommended adding City funds to add extra stalls in the restroom and make it larger. He stated that staff recommends awarding the bid to M&D Excavation in the amount of $179,593.75, but some things may be taken out of the bid to reduce the price. However, the project will not exceed that amount. UDOT will pay half the cost and the City half the cost which will include a new gazebo. City funds will come from the Park Impact Fund for the Crosby/Confluence Park. The total project will have to be completed by June 15 in order that the contractor cannot claim a delay.

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

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance repealing the Citys intoxicating chemical compound ordinance.

City Manager Gary Esplin explained the City recently passed the spice ordinance, and since then a stronger state law was passed. It is recommended that the Citys ordinance be repealed as the City will prosecute under the new state law with stronger penalties.

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

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

The vote was unanimous and the motion carried.

St. George City Council Minutes
March 24, 2011
Page Three

RESOLUTION:
Consider approval of a resolution authorizing the issuance and confirming the sale of water revenue refunding bonds of the City; authorizing the execution and delivery of certain documents relating to such bonds; and providing for related matters.

City Manager Gary Esplin explained that the City was in the market yesterday and was successful in this water revenue bond refunding.

Jason Burningham explained that George K. Baum was the underwriter for the water revenue refunding bonds. The City is not issuing new money but just refinancing its existing bonds which were issued in 2001. The interest rate on the bonds was originally just under 5%, but the new interest cost is 2.59% with an approximate $550,000 of net present value savings to the City, which is $75,000 annually. There is a 9% savings on the total par amount of the bonds. Contributing factors to the low interest rate is the Citys credit rating and timing. The bonds will close on April 5.

City Manager Gary Esplin explained the Water Department is well run and the City is fiscally conservative. Additional years are not being added to the bonds, and the refunding is for the same amount of time. There are nine more years left. He recommended approval. He gave credit to George K. Baum, the underwriter, for stepping up and committing to purchase the $2 million in unsold bonds.

MOTION: A motion was made by Councilmember Nickle to approve the resolution.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution providing for a revised right-of-way across the Shivwits reservation.

Water Services Manager Barry Barnum explained this right of way is for water lines from the Gunlock well field and water tank on the reservation. These water lines were placed in easements, and then when work began it was discovered that the easements were not described correctly. The City pointed this out to the Band and has worked with them to a resolution. The easements are now correct and staff recommends approval. The original Santa Clara settlement allowed the Band to provide the City with 100 acre feet of reuse water in exchange for 100 acre feet of culinary water at in-City rates. In exchange for the new easements, the new agreement allows them to provide the City with an additional 100-200 acre feet of reuse water and receive another 100 acre feet of culinary water.

Mayor McArthur commented this agreement is good for both parties. He stated it has been refreshing to work with Lawrence Snow and the current Band council.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/FINAL PLAT:
Public hearing to consider approval of the final plat for Sun Valley Estates Phase 1 located at 2640 East and 3440 South.
St. George City Council Minutes
March 24, 2011
Page Four

Todd Jacobsen explained this item was heard two days ago by the Planning Commission. The plat consists of four residential lots located along Little Valley Road. A public hearing is needed to vacate a small portion of 2640 East Street and also the associated easements. Zoning is RE-25.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to approve the final plat and abandonment of a portion of road.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of the amended final plat for The Casitas at Hidden Valley 3rd Amended and Extended, located at the southwest corner of Hidden Valley Drive and Price Hills Drive in the Desert Hills development.

Todd Jacbosen explained the purpose for the amendment is to change the layout by building three and four-plex buildings rather than six-plex buildings to create more end units which are the most popular unit.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an incentive agreement with Czarnowski Display Service.

City Manager Gary Esplin explained this agreement comes as a result of good efforts by Scott Hirschi and the Washington County Economic Development Council. Czarnowski Display Service would like to locate in one of the Citys EDA areas in the Ft. Pierce Business Park. The agreement requires Czarnowski to employ 50+ people, paying at least 150% of the average salary plus a benefit package in order to receive an incentive package to locate here. The City will pay back to Czarnowski 100% of the property taxes they pay in the first year; 90% of the taxes they pay in year two; 80% of the taxes paid in year three; 70% of the taxes paid in year four; and 60% of the taxes paid in year five. This is similar to what the City has done in the past. Staff recommends approval.

Scott Hirschi advised that Czarnowski Display Service builds displays and is a nationwide company.

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

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

St. George City Council Minutes
March 24, 2011
Page Five

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of the Red Hills Garden agreement with Washington County and the Washington County Water Conservancy District.

City Manager Gary Esplin explained that Pioneer Park is a hidden gem, and approval of this agreement will add to the usefulness of the park. The only thing the City is committing is the land upon which the streams and restroom will be built and technical assistance from staff. Once the restroom is built, the City will also be responsible for its maintenance and utilities.

Mayor McArthur advised that the HCP has committed to build an interpretive center, and the stream will take water from the pond to showcase endangered species in the Virgin River. There will be a demonstration garden of native flora and fauna.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreement.
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 Nickle - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen advised that the Planning Commission, at its meetings held March 8, 2011 and March 22, 2011, recommended approval of the final plats for (1) 230 South roadway dedication plat south of the George Washington Academy at 2330 South; (2) Red Rock Commons where Dicks Sporting Goods will go in, a four lot commercial subdivision; and (3) 900 South Commercial Subdivision Phase 1 Amended at 1308 East 900 South east of River Road.

Deputy City Attorney Paula Houston advised there is one issue remaining with the 900 South Commercial Subdivison Phase 1 plat. There is not a solid fence between the residential and commercial zoning as required by ordinance. This needs to be done and should be part of the motion. This can be done by agreement or bonding.

Brandy Walker, representing Bush and Gudgell, commented she was not sure the developer is aware the wall is required.

Deputy City Attorney Paula Houston replied that the developer is aware as she has had personal contact with them at least three times about the matter and even met with them on site, and still has not seen any sign that they intend to install the wall.

Brandy Walker replied that the developers are eager to get the plat recorded and if the City Council approves it, she is sure they will get the wall built.

Deputy City Attorney Paula Houston advised that the City Council can approve the plat subject to the applicant posting a bond or surety, or the item can be continued.

City Manager Gary Esplin stated that the City Council can approve the plat, but it will not be signed until the applicant provides proof the wall will be built.

MOTION: A motion was made by Councilmember Pike to approve the final plat for the 900 South Commercial Subdivision Phase 1 subject to the owner agreeing to install the appropriate fence with the condition that the City will not sign the plat until this issue is resolved, and the other final plats are approved and the Mayor is authorized to sign them.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:


St. George City Council Minutes
March 24, 2011
Page Six

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

The vote was unanimous and the motion carried.

REQUEST TO OPERATE U-HAUL BUSINESS AT FABULOUS FREDDIES:
Consider approval of a request to operate a U-Haul truck rental business at the Fabulous Freddies at 806 N. Bluff St. in a C-2 zone.

City Manager Gary Esplin explained this use is not specifically mentioned in the development agreement for this project. The City has concerns that the proposed use is not compatible with the intent of the development agreement.

Deputy City Attorney Paula Houston advised that the City has the right to adjust parking standards to what is appropriate for the type of use of the property, taking into consideration adjoining property and effects on the adjoining property.

Mayor McArthur commented he remembered when the original project was proposed and what the uses would be, and height and outside storage were concerns. If vehicles are going to be parked there all the time, then this is outside storage.

Deputy City Attorney Paula Houston read from the development agreement stating that there shall be no outside storage of materials and the business shall be conducted wholly within an enclosed building except for parking of autos and service to persons in autos. An interpretation question came up as to whether the U-Hauls are materials. Her interpretation is that the U-Hauls are materials. Fabulous Freddies disagrees with this interpretation.

Freddy Smith, owner, advised they are not storing anything and there are already cars on the property. The trucks will be gone throughout the day. They will be parked at the north end of the property on the very corner of the property.

Councilmember Almquist commented that additional signage is also being added, as each truck is a sign. He stated it seemed like U-Hauls are popping up everywhere they possibly can. He stated the City Council is all about business, but this is a very visible corner and there are residential neighbors who have contested many things that have gone on there.

Freddy Smith commented that they will limit how many trucks are parked there. They have solid relationships with the neighbors and he will be glad to meet with them to see if the U-Hauls are an issue. He stated he did not see the U-Hauls as storage.

Councilmember Pike commented that if the trucks are not called storage, he did not know what they would be called. He stated the difference with other U-Haul locations and this one is that this location has residential neighbors.

Mr. Smith replied the U-Hauls are not storage - they are vehicles.

Councilmember Pike commented that the U-Hauls would not just be there for a few minutes - they are 26 feet long and orange and white and in his opinion the use does not meet the letter or spirit of the development agreement.

Mayor McArthur commented that if the neighbors would have thought that U-Hauls would have been located there, this use would have been specifically prohibited in the development agreement.

Councilmember Pike commented he felt that having U-Hauls at this location would be violating the terms of the development agreement.

Councilmember Shakespeare commented she did not feel the U-Hauls were in line with the development agreement nor in harmony with the neighborhood.

Mr. Smith commented that he felt passionate about having them.

Mr. Smith inquired about the possibility of having signs advertising the U-Hauls, but not having the U-Hauls on site.


St. George City Council Minutes
March 24, 2011
Page Seven

Deputy City Attorney Paula Houston replied that off-premise signs are not allowed.

City Attorney Gary Esplin commented that action was needed on the request as advertised on the agenda. If the applicant wants to come back with another request, it can be heard at a later time.

Brent Warnick advised that the U-Hauls parked at the north corner of the property will only be 17' long, and the block fence there is 8' high. They will not be super visible from the street or neighborhood.

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

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

The vote was unanimous and the motion carried.

LOT LINE ADJUSTMENT:
Consider approval of a lot line adjustment for lot 561 at the St. George Municipal Airport. Darrel Stucki, applicant.

and

AIRPORT HANGAR LEASE:
Consider approval of an airport hangar lease with Darrel Stucki.

City Manager Gary Esplin explained that the applicant would like a larger hangar than what is allowed and still meet the 2.5' setback. His request is to allow a 1.5' setback. There is no problem with the easement and staff recommends approval.

MOTION: A motion was made by Councilmember Shakespeare to approve the lot line adjustment and hangar lease.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution approving an agreement with Washington County for the reimbursement of costs associated with the repair and installation of erosion control facilities.

City Manager Gary Esplin explained this agreement with Washington County will facilitate repair and maintenance work on the erosion control structures along the Santa Clara River. The issue of ownership has concerned FEMA and this agreement will satisfy those concerns. The County will receive the funds from FEMA and then forward them to the City. The City and FEMA will identify and approve all projects. The City will be responsible for any matching funds required by FEMA.

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

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

St. George City Council Minutes
March 24, 2011
Page Eight

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the March 3, 2011 City Council meeting.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the March 10, 2011 City Council meeting.

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

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

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

The vote was unanimous and the motion carried.





St. George City Council Minutes
March 24, 2011
Page Nine

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin recommended spending the $40,000 received from the Washington County Solid Waste District on portable bleachers. It was the consensus of the City Council to do this.

Councilmember Bunker advised that the Dixie Care and Share Board is conducting a campaign to purchase property and build a building. They want to raise $1,000,000 by December.

Councilmember Bunker invited the Mayor and City Council to attend the Art Around the Corner Gala to be held April 8 at the Arts Center, Third Floor.

Councilmember Pike advised that new soccer nets are needed at the Little Valley fields.

The meeting then adjourned.




_______________________________________
Gay Cragun, City Recorder