City Council Minutes

Thursday, October 20,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 20, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gloria Shakespeare
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Gail Bunker
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 pledge of allegiance to the flag was led by Scout McKay Larson and the invocation was offered by Pastor Jimi Kestin.

Mayor McArthur invited several Scouts in the audience to introduce themselves. He then read excerpts from two letters praising the recent sesquicentennial wagon trek.

CONSENT CALENDAR:
Consider approval of the financial statement for September, 2011.

City Manager Gary Esplin reported that this financial statement covers the first four months of the new fiscal year and everything appears to be in order.

MOTION: A motion was made by Councilmember Pike to approve the financial statement.
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.

AWARD OF BID:
Consider award of bid for SCADA system upgrades.

Purchasing Manager Connie Hood recommended award of the sole source purchase to Lectrol Services in the amount of $142,845.

MOTION: A motion was made by Councilmember Bunker to approve the sole source purchase as recommended.
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.

AWARD OF BID:
Consider award of bid for the Millcreek-Hurricane 69 kV flood damage repair.

Purchasing Manager Connie Hood advised that all bids received were over budget. She recommended award of the bid to the low bidder, Probst Electric, in the amount of $506,517.

City Manager Gary Esplin explained this line is the major power line to Washington and Hurricane as part of the UAMPS distribution program. Steel structures have recently gone up in price, accounting for the higher than estimated price. Approval of this project will allow the line to be removed from the river. He recommended approval, noting staff
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October 20, 2011
Page Two

will meet with UAMPS to see if there are any additional funds above the actual FEMA funding. Staff will also meet with FEMA on the scope of the work.

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.

AWARD OF BID:
Consider award of bid for installation, parts and labor for new EPA regulations - CO catalysts for engine generators.

Purchasing Manager Connie Hood advised there are three known suppliers for this installation, parts and labor, but only two bids were received. She recommended award of the bid to the low bidder, Winn-Marion, in the amount of $64,907.

City Manager Gary Esplin commented this installation is necessary to comply with EPA clean air regulations.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
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 construction of Forest Park.

City Manager Gary Esplin explained this project was bid previously, but the low bidder did not meet state contractor licensing requirements, so the project had to be rebid.

Purchasing Manager Connie Hood advised that the bid this time came in lower than last time. She recommended award of the bid to Progressive Contracting in the amount of $305,996.63.

Zac Koceja clarified that Progressive Contractings bid was lower than last time, but the low bid awarded last time was for $295,000. The project is scheduled to begin the first week in November with a six month construction window. It is anticipated the park will be completed the first of March. The scope of work does not address the irrigation pond. The community has cleaned up a good portion of the overgrowth with another service project scheduled in two weeks.

MOTION A motion was made by Councilmember Shakespeare to award the bid as recommended.
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.
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October 20, 2011
Page Three

RESOLUTION:
Consider approval of a resolution amending the GRAMA fees by adding a charge of 25 per page for color copies.
City Manager Gary Esplin advised this is a housekeeping item. The only change being recommended to the GRAMA fees is to add a charge of 25 per page for color copies.

MOTION: A motion was made by Councilmember Bunker to approve the resolution.
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.

RESOLUTION:
Consider approval of a resolution adopting a local multi-jurisdictional multi-hazard mitigation plan.

City Manager Gary Esplin explained this plan was prepared by the Five County Association of Governments and identifies hazards which may be faced in the event of a disaster. If the City adopts the plan, it is then eligible to apply for FEMA mitigation funds. The City plans on applying for two projects this year - the Millcreek Generation Plant, and along the Santa Clara River by the Sunbrook golf course. This plan is an update of a plan adopted in 2004.

MOTION: A motion was made by Councilmember Shakespeare to approve the resolution.
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.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit, road closure and fee waiver for the Buddy Walk at Town Square. James McFadden, applicant.

City Manager Gary Esplin commented that the City has approved this special event permit in past years.

James McFadden, applicant, explained that four years ago the event attracted 60 people; last year there were 300. The Buddy Walk is a national program for the Down Syndrome Society. It is an advocacy walk and an opportunity to get some exposure throughout the community and community involvement for those with Down Syndrome and their families. He explained that they are in the process of putting together an education and resource center, and they hold teen groups weekly, as well as seminars to help parents navigate the legal system.

Councilmember Bunker inquired of Mr. McFadden if he had contacted local businesses about the road closure on Tabernacle from 100 West to Main Street.

Mr. McFadden advised that the road closure affects only two businesses - Green Gate Village and the sandwich shop, and they are aware of the road closure. The road will only be closed for one hour at the most.

City Manager Gary Esplin commented there have been no complaints in the past and staff supports the request.

MOTION: A motion was made by Councilmember Pike to approve the special event permit, road closure and fee waiver as requested.
SECOND: The motion was seconded by Councilmember Bunker.

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October 20, 2011
Page Four

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.

Mr. McFadden commented he would like to list the City as a sponsor of the event, and inquired if he could put the Citys logo on their banner.

Mayor McArthur replied in the affirmative.

SET PUBLIC HEARINGS:
Bob Nicholson, representing the Planning Department, advised that the Planning Commission, at its meeting held October 11, 2011, recommended that public hearings be scheduled for November 3, 2011 to consider (1) an amendment to the Citys General Plan for the Little Valley area which covers approximately 3,355 acres of land generally located in the southeast area of the City between the Virgin River on the north and the airport ridge on the south; and (2) a zone change request from Open Space to R-1-10 for property located between 973 West Joshua Circle and 956 Cactus Circle on Bloomington Drive East to allow construction of a garage.

MOTION: A motion was made by Councilmember Almquist to set the public hearings 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.

FINAL PLATS:
Project Manager Todd Jacobsen advised that the Planning Commission, at its meeting held October 11, 2011, recommended approval of the final plats for (1) Dinosaur Crossing Phase I at Riverside Drive and 2200 East, and (2) The Estates at Hidden Valley Phase 5.

MOTION: A motion was made by Councilmember Bunker to approve the final plats and authorize the Mayor to sign them.
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.

SIGN MAINTENANCE AGREEMENT:
Consider approval of a sign maintenance agreement with YESCO.

City Manager Gary Esplin explained this agreement is for the sign located at the corner of St. George Blvd. and Bluff Street. When YESCO donated the sign, the City agreed to pay for maintenance. Maintenance costs will be raised 10% more than last year.

MOTION: A motion was made by Councilmember Pike to approve the agreement.
SECOND The motion was seconded by Councilmember Bunker.

City Attorney Shawn Guzman clarified that the agreement does not include materials, but does include the software needed to operate the sign.


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October 20, 2011
Page Five

City Manager Gary Esplin added that the City programs the sign and YESCO provides the software.

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.

SURRENDER AIRPORT LEASE:
Consider surrender of an airport lease held by Scandia Construction for sites 207, 208 and 209. Paul Proctor, applicant.

City Manager Gary Esplin advised that the documentation needed has not been finalized by the Legal Department, but he recommended approval subject to their final review. This change is necessitated by changes to some of the pre-leased sites.

MOTION: A motion was made by Councilmember Almquist to approve the surrender of the airport lease subject to final legal review of the necessary documentation.
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.

AIRPORT LEASE:
Consider approval of an airport lease agreement with Scandia Construction for a hangar at site 57C. Paul Proctor, applicant.

City Manager Gary Esplin explained that the applicant wants a lease for a location different than referred to in the last item. The lease is a standard lease.

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

AIRPORT HANGAR LEASE:
Consider approval of an airport hangar lease with Larkin-McArthur General Partnership for sites 207, 208, 209, 210, 213 and 214.

Mayor McArthur declared a conflict of interest as he is a partner in the partnership.

City Manager Gary Esplin explained this lease involves moving an existing hangar from the old airport to the new airport. All standard lease requirements are being met. He recommended approval subject to legal review.

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



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October 20, 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.

AGREEMENT:
Consider approval of a professional services agreement with Lewis Young Robertson & Burningham for a comprehensive impact fee facilities plan update and impact fee analysis for all City impact fees.

City Manager Gary Esplin recommended hiring Lewis Young Robertson & Burningham for a comprehensive impact fee facilities plan update and impact fee analysis for all City impact fees. Their services will be paid for out of impact fee funds, and there is no effect on the General Fund of the City. Lewis Young performed the last update. He explained this will give the City Council a chance to look at the capital projects plan.

MOTION: A motion was made by Councilmember Almquist to approve the agreement in the amount of $62,431.
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.

APPOINT POLLWORKERS:
Appointment of pollworkers for the St. George Municipal General Election.

MOTION: A motion was made by Councilmember Bunker to approve the list of pollworks and to authorize the City Recorder to make changes to it as necessary.
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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the October 6, 2011 City Council meeting

MOTION: A motion was made by Councilmember Pike to approve the minutes as amended.
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 A CLOSED SESSION:
MOTION: A motion was made by Councilmember Nickle to adjourn to a closed session to discuss litigation.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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October 20, 2011
Page Seven

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 was made by Councilmember Bunker.
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.

PUBLIC HEARING/REVISIONS TO AIRPORT OVERLAY ZONE/ORDINANCE:
Public hearing to consider approval of proposed revisions to Title 10, Chapter 13D, St. George City Code, Airport Overlay Zone.

Bob Nicholson, representing the Planning Department, explained the Citys current ordinance was adopted in 2006. Staff has met with most of the surrounding property owners affected. In 2006 an ordinance was prepared by the Citys consultant, Landrum & Brown. Staff is now trying to simplify and shorten the ordinance dramatically by removing redundant features. For example, the current ordinance deals with landscaping, signage, parking, etc., which have been removed, as there are already sections of the zoning code dealing with these issues. The main change to the ordinance deals with the development review and approval process. The approval process has been streamlined. He then reviewed other changes to the ordinance, as well as a map of the area. He advised that as a result of the meetings with property owners, changes have been made to the list of permitted and conditional uses. Staff tried to accommodate reasonable requests from property owners.

City Manager Gary Esplin commented that the goal has been to keep residential development as far away from the airport operation as possible. He advised that the FAA helped fund the original Landrum and Brown ordinance, and approved all uses and plans.

Mr. Nicholson advised that most of the issues raised by adjacent property owners have been accommodated, but not all. There is some nearby property zoned residential, and this is a concern.

City Manager Gary Esplin commented that staff has tried to allow for flexibility to help with development. It has been a give and take on both sides. Staff feels the present plan meets current needs to protect the airport.

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

City Attorney Shawn Guzman advised there are still some changes which need to be made to the ordinance with regard to overnight camping, tents, motorhomes, etc.

MOTION: A motion was made by Councilmember Almquist to approve the ordinance with revisions concerning overnight camping and giving the Legal Department license to make minor changes to the ordinance.
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.

St. George City Council Minutes
October 20, 2011
Page Eight

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

The vote was unanimous and the motion carried.



_______________________________
Gay Cragun, City Recorder