City Council Minutes

Thursday, July 19,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 19, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Jon Pike
Councilmember Jimmie Hughes
Councilmember Gil Almquist
Councilmember Ben Nickle
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 Gil Almquist, and the invocation was offered by Ben Nickle.

Mayor McArthur commented that this past week was very exciting for the City with the flooding and the incident at the airport. He congratulated the City Manager and staff for the professional way in which they dealt with these issues while keeping the airport secure.

Two representatives from the Southern Utah Mustang Club presented Mayor McArthur with a trophy in appreciation for hosting the National Mustang Show.

Councilmember Bunker arrived.

Mayor McArthur invited a Scout in the audience to introduce himself.

REMOVAL OF ITEM FROM AGENDA:
City Manager Gary Esplin advised that technical issues have arisen with regard to Item 3A on the agenda, a public hearing to consider approval of the amended and extended final plat for The Springs Estates Phase 5. The requested action would violate the intent of the Citys ordinance with regard to splitting a lot with an existing garage on one of the resulting lots. City ordinance does not allow a garage to be built separate from an existing home. The applicant will have to remove the garage from the lot and reapply for a plat amendment. He stated there was no reason to hold the public hearing as the City Council could not approve the request.

City Attorney Shawn Guzman advised that the City Council could table the request. It is his understanding that the applicant wants to remove the garage, at which time the lot split could be considered. However, there is no need to hold the public hearing until the garage is removed.

City Manager Gary Esplin advised that if the item were tabled, it would not have to re-advertised, and the City feels it should be re-advertised and the entire process started over. However, he recommended that any fees associated with the new request be waived.

Mayor McArthur advised that the item is removed from the agenda.

AWARD OF BID:
Consider award of bid for mixer motors for the Wastewater Division.

Purchasing Manager Connie Hood explained this bid is for replacement of gear reducers and impellers on the biosector/oxidation vertical shaft mixers, which are now 14 years old. In trying to find replacement parts staff found it was cheaper to replace the mixer motors. She recommended award of the bid to Westech in the amount of $124,595. This amount is within the budget and is recommended by Bowen and Collins.

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 Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye
The vote was unanimous and the motion carried.

St. George City Council Minutes
July 19, 2012
Page Two

AWARD OF BID:
Consider award of bid for polymer for the Wastewater Treatment Plant.

Purchasing Manager Connie Hood explained this is the Citys annual purchase of polymer. She recommended approval in an amount not to exceed $195,000 for the year, the same amount that was used last year.

MOTION: A motion was made by Councilmember Almquist to approve the purchase of polymer in an amount not to exceed $195,000 for the year.
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.

AGREEMENT:
Consider approval of a reimbursement agreement with Riverbend SG Estates, LLC for Riverside Drive.

City Manager Gary Esplin explained the agreement will allow the installation of a deceleration lane, center turn lane, and curb and gutter in front of this subdivision as part of the Riverside Drive widening project. The applicants will reimburse the City after completion of the project.

Project Engineer Cameron Cutler advised the amount of the reimbursement agreement is $67,662.50

City Manager Gary Esplin commented it is appropriate to install the improvements while the Riverside Drive widening project is taking place.

MOTION: A motion was made by Councilmember Bunker to approve the reimbursement agreement.
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 new 1300 gallon water tank combo machine for the Water Department.

Purchasing Manager Connie Hood explained the City bought a combo machine earlier in the year, and in that agreement had six months to purchase another one at the same cost. This purchase from Maric Sales is in the budget, and the net cost after a trade-in is $177,351.25,

MOTION: A motion was made by Councilmember Pike to award the bid to Maric Sales in the amount of $177,351.25.
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.




St. George City Council Minutes
July 19, 2012
Page Three

AWARD OF BID:
Consider award of bid for fertilizer and chemicals for the golf courses and parks.

Purchasing Manager Connie Hood explained that two local suppliers responded to the bid request - Helena and Simplot Partners. Helena bid most of the items and also had the majority of low bids. She recommended award of the bid to Helena in an amount not to exceed $165,000 for the year.

MOTION: A motion was made by Councilmember Bunker to award the bid as recommended.
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.

Councilmember Almquist commented that most fertilizers can withstand more than one year of storage. He inquired due to price fluctuations if staff has considered purchasing fertilizer for the year ahead.

Ms. Hood replied that the bid prices are for the entire year, and the supplier will stock as much as the City can use within that year. Helena guarantees their prices for one year. She commented she did not know if they would guarantee the price for two years, but the City would like to keep its options open as much as possible.

Councilmember Almquist commented he hoped that Helena would let the City know when prices are going up.

Ms. Hood replied the City has received letters from Helena notifying the City when products will be obsolete or of price increases.

AWARD OF BID:
Consider award of bid for City-wide electrical and HVAC services.

Purchasing Manager Connie Hood advised that two bids were received - one from Snow Electric and one from D. Blake Electric. Snow Electric was unable to bid on the HVAC repairs/support service, so the City deemed them non-responsive. She recommended award of the bid to D. Blake Electric in an amount not to exceed $160,000 for the year.

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.

City Manager Gary Esplin explained at the beginning of every fiscal year the City awards many blanket purchases for the entire year so that the City does not have to bid out every single project.

AWARD OF BID:
Consider award of bid for mega lugs and fittings.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Mountainland Supply, who came in less on both the foreign and domestic products, in an amount not to exceed $150,000 for the year.

City Manager Gary Esplin explained that the second low bidder can be used if the low bidder cannot supply the item needed.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Almquist.

St. George City Council Minutes
July 19, 2012
Page Four

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 the Little Valley Pickleball Complex.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Quality Excavation, in the amount of $759,050.77.

City Manager Gary Esplin explained that some of the funds used are from last year and some are from this budget year. The project includes not only the pickleball courts but also more parking for the soccer complex. Three alternates are recommended too. The pickleball association has donated $80,000 for the complex which allows the construction of four more courts. All courts will be post tension concrete courts with landscaping and parking. Staff recommends award of the bid now so the courts can be in place for the Senior Games this year.

MOTION: A motion was made by Councilmember Bunker to award the bid 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.

City Manager Gary Esplin advised that a gazebo will not be part of this contract, but will be part of the project.

ITEM REMOVED FROM AGENDA:
Mayor McArthur again announced that Item 3A, a public hearing to consider approval of the amended and extended final plat for The Springs Estates Phase 5, has been removed from the agenda as it does not meet requirements of the Citys ordinance. The item can be heard at a later date if desired by the applicant if he removes the garage.
REQUEST FOR FEE WAIVER:
Consider approval of a request for a fee waiver for use of the Sun Bowl. Carol Peckham, applicant.

Lynn Burger, Board Member and Secretary/Treasurer of PAWS, an animal rescue group,
advised that they have hired the Dazzle Dogs Dance Troupe to perform at the 10th anniversary of PAWS celebration. An entrance fee will be charged. PAWS is a not-for-profit organization consisting of all volunteers, and they cannot afford the fee for use of the Sunbowl.

City Manager Gary Esplin suggested that if the request is approved, that PAWS be responsible for clean up of the Sunbowl after the event, in lieu of charging the fee.

MOTION: A motion was made by Councilmember Hughes to approve the fee waiver with the caveat that PAWS is responsible for clean-up of the Sunbowl after the event.
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.



St. George City Council Minutes
July 19, 2012
Page Five

APPROVAL OF FINAL PLATS:
Todd Jacobsen presented the following final plats for approval: (1) Anasazi Ridge Phase 4, a two lot residential subdivision located at 2400 North and 2500 West with PD Residential zoning; (2) Sun River Phase 34, an 18 lot residential subdivision; (3) Sun Point Subdivision Amended at 2127 South 1400 East with R-3 zoning; (4) Sun Valley Estates Phase 10, a 13 lot subdivision located at 2900 East and 3600 South with R-1-10 zoning; and (5) Virgilia Terraces, a commercial subdivision located at 2019 East Riverside Drive with C-3 zoning.

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

PRELIMINARY PLAT APPROVAL:
Todd Jacobsen presented the preliminary plat for Desert Canyons Business Park, a 21 lot subdivision located along the Airport Parkway. The site consists of 79.818 acres, with a density of .26 parcels per acre. Zoning is Airport Supporting Business Park (ASBP). Lot sizes range from 1.72 acres to 13.55 acres. Zoning to the north is ASBP, to the south is C-2 and CRM,, to the east is CRM and PD-Residential, and the west is ASBP and Mining and Grazing. Improvements to Airport Parkway will be completed by adjacent owners as they develop. The plat provided shows a culdesac, but the road master plan shows a road, and the developer and engineer agree to continue the road through. This will be corrected on the final plat.

MOTION: A motion was made by Councilmember Pike 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.

Curt Gordon, representing the applicant, updated the City Council on the status of the water park and flood damage.

ITEM REMOVED FROM AGENDA:
Mayor McArthur again announced that Item 3A, a public hearing to consider approval of the amended and extended final plat for The Springs Estates Phase 5, has been removed from the agenda as it does not meet requirements of the Citys ordinance. The item can be heard at a later date if desired by the applicant if he removes the garage

FINANCING AGREEMENT:
Consider approval of a financing agreement on a hangar.

City Manager Gary Esplin explained that action is required to approve a lien for any hangars at the new airport. KB Family Holdings has requested through their bank that they be allowed to put a lien on the hangar. The City has allowed this in the past.

City Attorney Shawn Guzman explained that the City has approved similar agreements in the past. The agreement spells out that the Citys lease still holds even if the bank takes over. The lien is only on the building. The City does not allow a mortgage or lien on the land.

MOTION: A motion was made by Councilmember Bunker to approve the financing agreement in the amount of $248,835.

City Attorney Shawn Guzman explained that a lien can only be placed for the cost of construction, and cannot exceed the value of the building.

SECOND: The motion was seconded by Councilmember Nickle.

St. George City Council Minutes
July 19, 2012
Page Six

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.

APPROVAL OF EASEMENT:
Consider approval of an easement with Questar Gas in the Little Valley area.

City Manager Gary Esplin explained that Questar Gas has asked for an easement in the Horseman Park Drive and Little Valley Road area.

Todd Jacobsen explained that the easement is in conjunction with The Villages at Little Valley Phase 1 plat. In the next month or two the City Council will be seeing a road dedication plat for all of Horseman Park Drive. When the plat comes in, this easement will be included on the plat.

City Manager Gary Esplin commented that when the City offered this property for sale, it only offered the property outside the roadway and the road was extended to make sure there was sufficient right-of-way.

City Attorney Shawn Guzman advised that the easement will have to be redrafted as a public utility easement. This easement has gone through JUC.

Todd Jacobsen advised that the gas line will be located in a joint trench within the easement, and it has been approved by Wes Jenkins.

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

ITEM REMOVED FROM AGENDA:
Mayor McArthur again announced that Item 3A, a public hearing to consider approval of the amended and extended final plat for The Springs Estates Phase 5, has been removed from the agenda as it does not meet requirements of the Citys ordinance. The item can be heard at a later date if desired by the applicant if he removes the garage.

PUBLIC HEARING/VACATION OF EASEMENT/RESOLUTION:
Public hearing to consider vacating of a public utility and drainage easement at 3264 South Little Valley Road. Roger Bundy, applicant.

Todd Jacobsen explained the purpose of vacating the side and rear easements of this property is to accommodate the development of the final plat for The Villages at Little Valley Phase 1. There are three lots that will be a part of a future phase, and at that time there will be lot line adjustments and new easements on the side and rear on what is remaining.

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 vacation of the easement, with future phases accepting the three lots as to easement requirements.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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


St. George City Council Minutes
July 19, 2012
Page Seven


The vote was unanimous and the motion carried.

APPROVAL OF FINAL PLAT:
Todd Jacobsen presented the final plat for The Villages at Little Valley Phase 1, with 27 lots. Zoning is R-1-12 and RE-20. There is another easement owned by the City, and this will be brought back to the City Council at the next meeting for abandonment.

MOTION: A motion was made by Councilmember Pike to approve the final plat and authorize the Mayor to sign it.
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.

Todd Jacobsen advised that the Planning Commission recommended approval of the final plat subject to three conditions: (1) a landscaping agreement for Little Valley Road; (2) a storm drain participation agreement; and (3) a delayed road improvement agreement for Little Valley Road.

MOTION: A motion was made by Councilmember Pike to approve the final plat and authorize the Mayor to sign it subject to the three conditions recommended by the Planning Commission.
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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council meeting held June 28, 2012.

MOTION: A motion was made by Councilmember Almlquist 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.

Consider approval of the minutes of the City Council meeting held July 5, 2012.

MOTION: A motion was made by Councilmember Almquist to approve the minutes as presented.
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.




St. George City Council Minutes
July 19, 2012
Page Eight


Consider approval of the minutes of the City Council meeting held July 12, 2012.

MOTION A motion was made by Councilmember Hughes to approve the minutes as presented.
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 TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Bunker to adjourn to a closed session to discuss pending litigation and a property sale.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call 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.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Councilmember Nickle to reconvene and adjourn.
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.





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Gay Cragun, City Recorder