City Council Minutes

Thursday, September 20,2012



City of St. George Council Meeting
Regular Meeting
September 20, 2012, 4:00 p.m.
City Council Chambers Room

PRESENT:
Mayor Daniel McArthur
Council Member Bunker
Council Member Nickle
Council Member Pike
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder René Fleming

ABSENT:
Council Member Almquist
Council Member Hughes

OPENING

Mayor McArthur called the meeting to order and welcomed all in attendance. He announced the Sugar Loaf Stroll on Saturday September 22, 2012 starting at 8:00 am. He reviewed the walk route and the dedication ceremony for the Red Hills Parkway. He announced that Saturday is also Dixie Clean Up Day.

The pledge of allegiance was led by Mayor McArthur, the invocation was offered by Pastor Jimi Kestin.

Mayor McArthur invited Pastor Kestin to make a presentation regarding the Exchange Club and Mayor’s Walk.

Pastor Kestin indicated the Exchange Club is celebrating the 26th annual Mayor’s Walk which is held in conjunction with the St. George Marathon. One dollar of every registration will be donated to the Washington County School District (WCSD) for the PE department of the entrants’ choice. He presented the council with t-shirts for the Mayor’s Walk. He explained all the funds raised in the Mayor’s work go to the Exchange Club and reviewed some of the events and scholarships sponsored by the Exchange Club. A donation is also made to the City’s Parks and Recreation Department.

The registration fee of $10 was discussed. It includes a t-shirt, breakfast at the finish line and prizes for those that complete the walk. The walk starts at Bluff Street Park at 7:00 am on the day of the Marathon and ends at the Marathon finish line.

Mayor McArthur asked if there were any changes to the agenda.

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September 20, 2012
Page Two

City Manager Esplin indicated item 2B, Consider approval of a consultant to conduct a feasibility study on the development of a performing arts center for the City, was tabled.

BID OPENINGS


Consider approval of a construction contract for Erosion Repair Project #7.

City Manager Esplin indicated there have been some changes on this item. He indicated this is the last portion of the trail to be repaired after the 2010 flood along the Santa Clara River near the Back Yard Garden Nursery, Brookside Estates and the Tonaquint Office. Permitting requirements have extended the timeline to complete the project. He indicated the bid has been modified and is recommending that everything in the bid not be done.

Engineering Services Manager Sandberg explained the changes as detailed on a Power Point presentation. He explained the FEMA and city’s portions of the project. The “toe replacement” portion o f the project is 100% the city’s responsibility. The other work is 25% city and 75% FEMA funded. He indicated the Workers Compensation is also funding about $55,000 for an area near their building that is being repaired.

Mr. Sandberg indicated NRCS is also going to do some work in an area near the fence that will be completed after the rest of the project.

It was noted that the NRCS work will not delay the opening of the trail.

Mr. Sandberg indicated some work near Mathis Park is also included in this bid. The bid came in lower than engineering estimates.

City Manager Esplin explained the city’s match is $179,000, the FEMA portion is $303,000 and Workers Compensation portion is $55,000. He recommend award of the bid to Progressive Contracting in the amount of $537,584.

Purchasing Manger Hood indicated four bids were received with Progressive Contracting being the low bid.

There was discussion regarding approved work in the area of the Millcreek Generation Facility and the new alignment that is under consideration.

Motion:
A motion was made by Council Member Bunker to approve the construction contract for Erosion Repair Project #7 in the amount of $537,584 to Progressive Contracting.
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September 20, 2012
Page Three

Second
Council Member Pike seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Consider approval of an agreement with Rosenberg Associates to perform design and construction management engineering for the Erosion Protection Repair Project, Phase 7.

Purchasing Manager Hood indicated this is a bid in the amount of $36,710 with Rosenberg Associates, Inc. to perform design and construction management engineering for the Erosion Protection Repair project.

City Manager Esplin explained there was a change as a result of reducing the scope of the project, thereby resulting in a lower amount of $15,372. He recommend award of the bid to Rosenberg Associates Inc.

Motion:
A motion was made by Council Member Pike to award the bid to Rosenberg Associates Inc. in the amount of $15,372 for design and construction management engineering for the Erosion Protection Repair project, phase 7.

Second
Council Member Nickle seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

RESOLUTIONS

Consider approval of a resolution establishing a monthly fee for the Washington County Flood Control Authority.
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September 20, 2012
Page Four

City Manger Esplin indicated this resolution is a county wide effort to establish a fund for projects approved by the Flood Control Authority.

Mayor McArthur stated that St. George is affected by upstream flood incidents as upstream drainages come through the city at some point. He explained the recent dike break in Santa Clara affected St. George. He commented that he is a member of the board which has met to discuss how to fund maintenance projects in the participating cities over the next eight to ten years. The board looked at various scenarios on how to fund the flood control work. This resolution is the proposed method to fund this work. A $1.50 charge will be made to every customer with a water connection each month, with those funds used for overall flood control projects.

Mr. Sandberg explained that in September of 2011 the city council approved a resolution establishing a Flood Control Authority. Santa Clara and Washington cities took similar actions and approved the establishment of the Authority. The board looked at areas that affect each community jointly. If a project is located in a retention basin or river basin that affects more than one community, the Flood Control Authority will work on it. He indicated a consultant was hired to develop a regional capital facility plan. Each community has committed to an amount of man power and resources to the approved projects as in-kind contributions. Based on the number of drainage utility accounts in each city, the $1.50 monthly fee has been recommended. The fee will be seed money for the project and the Authority will look for grants to augment those funds. It was determined that the $1.50 monthly fee per water connection over seven to eight years would create enough funding to get the work of the Authority done.

Mayor McArthur stated the work will be done cooperatively between communities to the benefit of all the communities.

Motion:
A motion was made by Council Member Bunker to approve the resolution establishing a monthly fee of $1.50 the fund Washington County Flood Control Authority.

Second
Council Member Nickle seconded the motion.

Vote
Mayor McArthur called for a roll call vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

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September 20, 2012
Page Five

The vote was unanimous, the motion carried.

Consider adoption of a resolution authorizing the issuance and sale of not more than $10,000,000 aggregate principal amount of taxable General Obligation Refunding Bonds and related matters.

City Manger Esplin explained this relates to the general obligation bonds issued in 1995 or 1996. The markets are down to the point that he is recommending the city conduct a public offering for taxable bonds. The taxable rates compared with non-taxable rates are very comparable. A three to four percent savings is expected. The savings would be used to complete some projects that were part of the original bond election, but were deleted because of a lack of funding.

Motion:
A motion was made by Council Member Pike to approve the adoption of a resolution authorizing the issuance and sale of not more than $10,000,000 aggregate principal amount of taxable General Obligation Refunding Bonds and related matters.

Second
Council Member Bunker seconded the motion.

Vote
Mayor McArthur called for a roll call vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

STAFF REPORTS

Consider approval of a fee waiver for use of Town Square and a waiver of the special event permit fee for the JROTC Fall Bonanza.


Liz Swasey indicated this is a fundraiser to be held on Oct 3, 2012 with local performers, donations from businesses. There are 470 Junior ROTC cadets in Washington County.

There was discussion regarding the event and the funds that will be donated by the vendors. There is no charge for those that attend. The food items that will be there were discussed. The types and number of donated items for a live auction were discussed.






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September 20, 2012
Page Six

Motion:
A motion was made by Council Member Nickle to approve fee waiver for the use of Town Square and the waiver of the special event permit fee for the JROTC Fall Bonanza.

Second
Council Member Pike seconded the motion.
Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.


Mayor McArthur asked that the JROTC please clean up afterwards to avoid costs to the city which are normally covered by the fees.

Ms. Swasey agreed the area would be cleaned up after the event.

Consider approval of a special event permit and fee waiver for a flood benefit concert.

Tamara Lemmon reviewed the fund raiser for the benefit of those that are impacted by the flood in Santa Clara. The event will be hosted at Snow Canyon High School (SCHS). She is requesting a permit and fee waiver as well as the city as a co-sponsor of the events so that law enforcement can be provided. It is estimated that four officers will be needed.

Ms. Lemmon discussed the local artists participating at no cost and that there will be an auction held as part of the fund raiser.

Council Member Pike asked how it works if the police support is the sponsorship.

City Manager Esplin explained the city would have to pay overtime out of the current budget. He also recognized city water, streets and fire departments for providing assistance to Santa Clara. The city is covering those costs as well. He indicated that in the spirit of community, the city can handle the law enforcement costs associated with the benefit.

There was discussion regarding the methods of raising money at the event. It was hoped that the event would be very successful in raising funds to assist those affected by the recent flood.




St. George City Council Minutes
September 20, 2012
Page Seven

Motion:
A motion was made by Council Member Pike to approve a permit and fee waiver and to act as a sponsor to the level needed in terms of providing police for security purposes.

Second
Council Member Bunker seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Consider approval of a SASO lease with Duane Adams at the new airport.

City Manager Esplin indicated this action is to approve the lease with Mr. Adams with terms mentioned in the memo. There are some things in which the city will participate in order to facilitate ending the lease at the old airport.

There was discussion regarding the $2,950 dollars the city will pay to Dixie Escalante Electric for connection fees, the snack bar that has been approved by the council and the waiving of the lease rent for four years.

City Manager Esplin recommended the council approve the lease.

Motion:
A motion was made by Council Member Bunker to approve for the SASCO lease and the payment of $2,950 to Dixie Escalante Electric for connection fees.

City Manager Esplin indicated the motion would need to clarify this is with the approval of conditions as stated in the memo which are different from the standard lease such as not charging rent until 2016, if that is the intent of the council.

Council Member Bunker amended the motion to specify the approval is subject to issues as detailed in the memo.

Second
Council Member Nickle seconded the motion.

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September 20, 2012
Page Eight

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Consider approval of a design contract modification for Wilson Company for the Red Hills Parkway Interchange

City Manager Esplin explained that the city secured funding in the amount of approximately $22 million from a transportation bill approved in Congress. The funds flowed to UDOT and required a city match of approximately $3 million, which was budgeted. The State asked the city to allocate remaining funds from the Red Hills Parkway widening to fund the proposed interchange at Snow Canyon Parkway and SR 18. The design for that interchange is now being done; construction is scheduled to start in the year 2015. At that time, the city will need an additional match of $200,000 to complete the interchange. He suggested that $200,000 be earmarked from street impact funds for the 2015 interchange construction project.

Cameron Culter commented that city’s portion of the interchange and Red Hills Parkway widening will be approximately $3 million, which has already been programmed in the budget.

City Manager Esplin pointed out that for an overall project cost of roughly $26 million, the city’s contribution will be approximately $3.2 million.

Mayor McArthur indicated the Exit 8 and St. George Blvd project will happen this year; the next one on the schedule is the Red Hills Parkway and Snow Canyon Parkway interchange. He commented that it is a high risk intersection.

City Manger Esplin indicated there is $2 million in the current budget of the original $3 million budgeted for the Red Hills Parkway widening. Approximately $200,000 is needed in addition to the $3 million originally budgeted. That is the net effect of approving this and the following modifications listed on the agenda. It will allow for the finishing the Red Hills Parkway widening and complete the new interchange.

Motion:
A motion was made by Council Member Nickle to approve the design contract modification for Wilson Company for the Red Hills Parkway Interchange.



St. George City Council Minutes
September 20, 2012
Page Nine

Second
Council Member Pike seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Consider approval of Modification #1 for the Red Hills Parkway Interchange Federal Aid Agreement.

Motion:
A motion was made by Council Member Bunker to approve the modification #1 for the Red Hills Parkway Interchange Federal Aid Agreement.

Second
Council Member Nickle seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.
Consider approval of Federal Aid Agreement Modification #2 for the Red Hills Parkway widening project.

Motion:
A motion was made by Council Member Pike to approve the Federal Aid Agreement Modification #2 for the Red Hills Parkway widening project.

Second
Council Member Bunker seconded the motion





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September 20, 2012
Page Ten

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Consider approval of a Federal Aid Agreement with UDOT for the Red Hills Parkway widening project.

Motion:
A motion was made by Council Member Nickle to approve the Federal Aid Agreement with UDOT for the Red Hills Parkway widening project.

Second
Council Member Pike seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Appointments to boards and commissions of the City

Mayor McArthur indicated he had no appointments to make.

MINUTES

Consider approval of the minutes of the City Council meeting held August 29, 2012.

Motion:
A motion was made by Council Member Bunker to approve the minutes of the August 29, 2012 City Council meeting as presented.
Second
Council Member Pike seconded the motion

Vote
Mayor McArthur called for a vote:

St. George City Council Minutes
September 20, 2012
Page Eleven

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Consider approval of the minutes of the City Council meeting held September 6, 2012.

Motion:
A motion was made by Council Member Nickle to approve the minutes of the September 6, 2012 City Council meeting as presented.

Second
Council Member Pike seconded the motion

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

Request a closed session.

Motion:
A motion was made by Council Member Bunker to request a closed session for the purpose of discussing property.

Second
Council Member Nickle seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.




St. George City Council Minutes
September 20, 2012
Page Twelve

RECONVENE

Motion:
A motion was made by Council Member Pike to reconvene the regular meeting.

Second
Council Member Bunker seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.

OTHER BUSINESS

City Manager Esplin explained the IT department would like to move to the old courthouse building. It will cost about $211,000 for the move. He proposed funding it with money the State reimbursed the city for repairs to the building.

City Manger Esplin indicated Mr. Guzman has been talking with the State Workforce Services regarding its hearings which are Parowan. The State may want to use the one court room for those hearings. The Division of Motor Vehicles (DMV) has also been approached regarding leasing space in the building for a satellite office, saving people on this side of the county the drive to the Hurricane location. This would allow the city to collect rent on the portion of the building that is not needed now or in the near future.

There was discussion regarding the Children’s Museum, the work that would need to be done to accommodate it and the exhibits that are ready to be installed.

City Manager Esplin also discussed the electric rate change that went into effect on July 1, 2012. He indicated some small commercial customers have seen a larger increase than expected. He advised that Phil Peterson, Phil Solomon and Laurie Mangum will be reviewing the figures and the computer model next week. He provided this information in the event any council members are contacted regarding the increase. He will let the council know the result of the evaluation of the forecast versus the implementation of the increase.

City Manager Esplin reviewed the Family Dollar building at the Fort Pierce Industrial Park with respect to employee parking access. The access off of River Road and that the Jennings Group, as a requirement of development, is supposed to widen River Road. There is a corner of the

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September 20, 2012
Page Thirteen

property that was not included in the development and is still owned by the Jennings Group and SITLA. The suggestion is to widen Little Valley Road to 30 feet with no curb and gutter to allow access to the Family Dollar employee parking area funded with $20,000 from the city and $20,000 each from the Jennings Group and SITLA. This area is in an EDA and so all money generated from activities has to be spent in that area. He recommended the city approve the proposal.

The council was in agreement that this was an acceptable way to handle the required access. A 60 foot wide road with curb and gutter will be required as more development comes to that area and will be borne by those that develop further down the street.


ADJOURNMENT

Motion:
A motion was made by Council Member Bunker to adjourn the meeting.

Second
Council Member Pike seconded the motion.

Vote
Mayor McArthur called for a vote:

Council Member Bunker, aye
Council Member Nickle, aye
Council Member Pike, aye

The vote was unanimous, the motion carried.


Minutes recorded by:



René Fleming, Deputy City Recorder