City Council Minutes

Thursday, April 5,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 5, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jimmie Hughes
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 Jimmie Hughes and the invocation was offered by Pastor Jimi Kestin. Mayor McArthur announced that the Hurricane Car Show and St. George Arts Festival will be held this weekend.

Mayor McArthur read a proclamation proclaiming the month of April as Child Abuse Prevention Month in the City and presented it to Patricia Sheffield of the Childrens Justice Center. She commented that someday children will be leading their communities and they must be prepared to lead and protected from abuse. She distributed pinwheels to the Mayor and City Council.

Mayor McArthur announced the summer movie series in Town Square.

Mayor McArthur presented Sue Chapman with a $1000 reward check and certificate of recognition for her help in the apprehension of a robbery suspect.

Gary Sanders recognized members of the Arts Commission and St. George Art Museum Advisory Board in attendance.

Deborah Reeder, Manager and Curator of the St. George Art Museum, presented an Excellence in Arts Award to Carol Lakin. Cathy Cieslewitz presented an Excellence in Arts Award to LDean Trueblood.

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

Ivan Irshkin, Incident Commander for the Engine Academy, advised the Engine Academy was held at the old airport last year and will be again be held there this year. He reviewed the events planned for this year.

TABLE ITEM:
Mayor McArthur announced that Item 6G, to consider approval of and authorize the City Manager to sign a letter from UDOT stating that a de minimus impact finding is appropriate for the Bluff Street Park, Dixie Red Hills Golf Course, and the Bluff Street Trail as they relate to the widening of Bluff Street, is tabled from the agenda.

CONSENT CALENDAR:
Consider approval of the financial statement for February, 2012.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for carpeting for the City Office/Administration Building.

City Manager Gary Esplin recommended replacement of the carpet in the entire Administration Building.


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April 5, 2012
Page Two

Purchasing Manager Connie Hood recommended award of the bid to Carpet Giant One in the amount of $124,424, which is for the best product for the best price.

City Manager Gary Esplin suggested taking any extra funds needed from the Capital Projects Fund.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF CONTRACT:
Consider award of a contract to JP Excavating, Inc. for the St. George Industrial Park/Red Hills Parkway drainage improvement project, Phase 1.

City Manager Gary Esplin explained a few years ago water from the industrial park flooded businesses. He recommended paying for the project out of the Drainage Impact Fund and with drainage fees.

Purchasing Manager Connie Hood advised the contract for Phase 1 is with JP Excavating in the amount of $465,441.50.

Project Engineer Jay Sandberg explained the first phase will take the pipes and connections in the area by Highland Drive and Industrial Park Road and tie them into Red Hills Parkway. Future phases will extend the system into the Industrial Park and tie into other lines to capture more drainage before it gets to the freeway. This will take care of a majority of the drainage problems in the area. Some trees will have to replanted in the area.

MOTION: A motion was made by Councilmember Pike to award 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 Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a Sentinel Patriot System Geo-Diverse MapStar phone system.

City Manager Gary Esplin explained the new phone system will be located in the dispatch back-up center in Fire Station No. 7 in the Dixie Downs area.

Purchasing Manager Connie Hood advised that the bid includes a maintenance contract for parts and assistance.

MOTION: A motion was made by Councilmember Almquist to award the bid as recommended, in the amount of $522,284.31.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

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April 5, 2012
Page Three

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a DD640 Backup Device.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Cache Valley Electric, in the amount of $85,038.22 for all parts and software support.

Technology Services Division Manager James Duckett explained that the back-up device will take the data and create a duplicate copy in case something happens to the main data.

Support Services Manager Marc Mortensen advised the next lowest bid was $200,000.

MOTION A motion was made by Councilmember Hughes to award the bid 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 Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Creamer & Noble Engineers for construction engineering services on the St. George Industrial Park/Red Hills Parkway drainage improvement project, Phase 1.

Purchasing Manager Connie Hood advised the amount of the agreement is $41,809.68.

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 Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 (single family residential) to R-3 (multi-family residential) on 0.86 acre generally located at 1020 East and 600 South. Jean Huppi, applicant.

City Planner Craig Harvey advised that the subject area is in an area zoned mostly R-3. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing.

Aaron Lundin advised that his family owns property adjacent to the subject property and his mother does not like moving more people into the area. She is also worried about how the zone change will affect her taxes and what it will do to their property. Their barn burned last year due to kids in the area. He expressed concern that more people in the area will push them out.

Mayor McArthur advised that a solid wall will be required to be built between the Lundin property and the subject property because of the difference in zoning. The applicant will also have to take care of their drainage, meet parking requirements, and finish the street in front of their property.

Mr. Lundin advised that they store vehicles in what is left of their barn and all the engines have been stolen out of the vehicles totaling a loss of $30,000. If this zone change is approved, more people will be added to the area who will also take from them.



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April 5, 2012
Page Four

Mayor McArthur commented that the zone change will make the Lundins property more valuable.

City Attorney Shawn Guzman commented that the zone change will not affect the Lundins taxes.

Mr. Lundin commented that every time his family has a plan for their property, it is shot down. His family would like to build storage units on the property some day.

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

Councilmember Bunker commented she felt the subject property was too close to other R-1-10 property, and R-3 zones should be spread throughout the community.

City Manager Gary Esplin commented he did not feel anyone would do a single family subdivision on the subject property, and the highest and best use of the property would be either commercial or higher density.

Councilmember Hughes commented there is already a restaurant, hair salon, towing business, church, mortuary, and apartments on that block.

Mayor McArthur reminded that the Planning Commission recommends approval.

Councilmember Almquist commented that management of the nearby apartments is key to the problems being experienced by the Lundins.

Mayor McArthur commented that while this may be so, the issue today is the zone change.

Councilmember Hughes inquired if the zone change is to accommodate the student housing project recently discussed in a City Council meeting.

Mr. Harvey replied no, that project is a block and a half north.

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

Councilmember Bunker - no
Councilmember Almquist - no
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The motion carried.

SINGLE EVENT BEER LICENSE:
Consider approval of a single event beer license for a banquet fundraiser for Habitat for Humanity at the Abbey Inn. Melissa Ann Santon, applicant.

City Manager Gary Esplin advised that in the past the City has allowed single event beer permits for charity events. The application has been reviewed by staff. The license is regulated by the State.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.






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April 5, 2012
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BEER LICENSE:
Consider approval of a beer license for the Walgreens at 1849 W. Sunset Blvd. John A. Mann, applicant.

and

Consider approval of a beer license for the Walgreens at 391 W. St. George Blvd. John A. Mann, applicant.

City Manager Gary Esplin advised that the two Walgreens currently have beer licenses, but they are getting a new manager.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of special event permits for the Spring Tour de St. George, Spokes for Hope, and the Fall Tour de St. George bike races. Margaret Gibson, applicant.

Margaret Gibson, applicant, explained that the start and finish for the events will be held at Town Square. She requested that Main Street from Tabernacle to 100 South be closed for the events. The events will be held April 14, April 28 and October 20.

MOTION: A motion was made by Councilmember Bunker to approve the special event permits, waive the fees, and approve the closure of Main Street as requested.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Wes Jenkins advised that the Planning Commission, at its meeting held March 27, 2012, recommended that a public hearing be scheduled for April 19 to consider approval of the amended final plat for Sun River Phase 30. 100% of the consents were not obtained so a public hearing is required.

MOTION: A motion was made by Councilmember Almquist to schedule the public hearing as recommended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Silkwood Subdivision - Amended to create an 85 lot residential subdivision on 32 acres. Zoning is R-1-10. The General Plan designates the site as low density residential. The developer is now proposing to

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April 5, 2012
Page Six


increase the size of the one acre park to a three acre park to be owned and maintained by the City. The developer is also increasing the size of most of the lots and reducing the number of lots to meet market conditions. The equestrian path is being reduced from 60' to 30'. The development agreement with regard to the park will need to be modified. The applicant is looking at a location against the hillside for a trailhead for parking and unloading of horses.

City Manager Gary Esplin commented that the Silkwood Park is now a private park, and there is a homeowner association/landscaping issue which need to be resolved.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Quitobaquito, a three lot subdivision. The General Plan designates the site as Medium Density Residential. There is a one way street which cannot be made a two way street for now. The developer has been asked to finish improving the right-of-way to allow for off-street parking.

City Manager Gary Esplin commented that as long as the street remains a one way street and improvements are made as suggested, it will be the best it can possibly be.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Todd Jacobsen presented the final plat for Silkwood Subdivision Phase 3, a 14 lot residential subdivision. This plat has been before the City Council twice before, but was never recorded. It is the same as the preliminary plat just approved in this meeting.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

LAND ACQUISITION:
Consider approval of a land acquisition from Gary Carter for the East Dixie Drive project.

City Manager Gary Esplin explained the land acquisition is needed in order to facilitate a new road being built east of the Dixie Center. The City owns all the property except the corner, and in order to widen the road to sufficient width, this parcel must be purchased. The appraisal amount has been approved by Mr. Carter, with the condition

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April 5, 2012
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that the City will install the sidewalk. The total cost to purchase the property is $179,169, which will come from MPO funding. The City is asking Mr. Carter to plan for a deceleration lane when he develops his property on Riverside Drive. The Citys share of the land acquisition is $10,361. The project is planned to be completed by July 25.

Cameron Cutler advised the City is purchasing about 16,000 sq. ft.

City Manager Gary Esplin advised the property is zoned C-3 so the cost is higher.

Cameron Cutler advised the property was appraised by a UDOT-approved appraiser.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

TABLED ITEM:
Consider approval of, and authorize the City Manager to sign, a letter from UDOT stating that a de minimus impact finding is appropriate for the Bluff Street Park, Dixie Red Hills Golf Course, and the Bluff Street Trail as they relate to the widening of Bluff Street.

This item was tabled.

PROPERTY EXCHANGE:
Consider approval of a property exchange with Silver Bow (Blaine Webber) in the Bloomington Gardens II area.

City Manager Gary Esplin explained that Mr. Blaine Webber is going to deed property to the City to allow a drainage project to move forward.

Cameron Cutler explained there is a 45' wide bridle path in this area, and adjacent property owners have encroached on it. Drainage has been pushed onto the Webbers property. Mr. Webber and the City would like to exchange property, and he then will exchange property with adjacent property owners. The City will keep the property for drainage, and the adjacent property owners will be able to keep their improvements and pay Mr. Webber for the property under their improvements.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a Professional Services Agreement with Sunrise Engineering for design of the pickleball courts project.

City Manager Gary Esplin explained that in order to meet some deadlines with regard to the current budget, staff recommends expenditure of some funds for this project this fiscal year. A review was done of all engineering firms, and staff feels Sunrise Engineering has the most experience with post tension concrete for the first phase of the pickleball complex in the Little Valley area.




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April 5, 2012
Page Eight


Laura Taylor explained the cost of the agreement is $77,300 which includes the engineering required for eight pickleball courts, a restroom, 40 parking stalls and a grading plan. The complex will eventually consist of 24 courts and additional parking stalls. Sunrise Engineering will also be responsible for the construction management.

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

City Attorney Shawn Guzman recommended any approval be made conditioned upon receiving insurance certificates. Councilmembers Bunker and Hughes agreed to add this stipulation to the motion.

VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Councilmember Almquist inquired if the landscaping was being designed in-house. He was advised that this is being done in-house.

Councilmember Almquist suggested that trees from the Citys tree farm be used.

City Manager Gary Esplin replied that trees from the Citys tree farm will be used if possible, but there is some concern about shade.

APPROVAL OF MINUTES:
Consider approval of the minutes of the March 8, 2012 City Council meeting.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the March 15, 2012 City Council meeting.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

ADJOURN TO A CLOSED SESSION:
MOTION: A motion to adjourn to a closed session to discuss a land sale and potential land sale was made by Councilmember Hughes.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a roll call vote, as follows:






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April 5, 2012
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Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.



_________________________________
Gay Cragun, City Recorder