City Council Minutes

Thursday, October 3,2013



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 3, 2013, 4:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gail Bunker
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jimmie Hughes
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Christina Fernandez

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Councilmember Pike and the invocation was offered by Councilmember Nickle.

Mayor McArthur invited Mayor Somiya from Ibigawa, Japan to speak.

Mayor Somiya stated that the City has been partnering with Ibigawa for the marathon for 25 years. He thanked the City for it’s hospitality and looks forward to the relationship continuing in the future.

Mayor McArthur announced City Manager Gary Esplin will be the delegate from the City to attend the Ibigawa marathon in November. This Saturday is the St. George Marathon; in conjunction with the marathon is the Mayor’s Walk.

Mayor McArthur invited Kyle Case with the Huntsman World Senior Games to speak about this year’s events.

Kyle Case stated the City has been a partner with the Huntsman World Senior Games. He thanked the Councilmembers for their support and presented Mayor McArthur with plaque.

Mayor McArthur thanked all of those who volunteer their time at the Huntsman World Senior Games.

AWARD OF BID: Consider award of bid for four (4) 2014 Dodge Chargers for the Police Department.

Purchasing Manager Connie Hood advised the bid is to purchase four 2014 Dodge Chargers from local vendor Stephen Wade Dodge at $26,125.00 each for a total of $104,500.00. Only two bids were received.

City Manager Gary Esplin stated the City looked at other vehicles, however, the Police Department favors the Chargers.

MOTION: A motion was made by Councilmember Almquist to approve the bid award to Stephen Wade Dodge for the four Chargers in the amount of $104,500.00.
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 BID:
Consider award of bid for 2013 Vacuum Sweeper with a 5 year buy back option for the Streets Department.

Purchasing Manager Connie Hood advised the bid is to purchase a 2013 vacuum sweeper with a five year buy back option. Cate Equipment was the only vendor to meet all required specifications. The cost of the sweeper is $224,970.00 and is included in ths year’s budget.

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

St. George City Council Minutes
October 3, 2013
Page Two

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 Virgin River Trail South C Project.

Purchasing Manager Connie Hood advised there were four formal bids received for this project. Interstate Rock was the low bid and is a local vendor. The price submitted was $121,432.45 which is under budget and does include alternates 1 and 2.

Parks Planner Millie Cockerill stated the trail will begin at what is formally known as the Atkin Trail and will connect to the northern intersection at the Virgin River Trail and will continue to the west and align with the Sun River Golf Course club house. She explained this is a Utah state trails grant project with a 50% match. The City will pay approximately $60,000.00.

MOTION: A motion was made by Councilmember Pike to approve the bid for $121,432.45 to Interstate Rock.
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 the annual purchase of Polymer product for the Wastewater Department.

Purchasing Manager Connie Hood advised the bid is for the annual purchase of polymer for the Wastewater Department. The cost will be a not to exceed $195,000.00.

MOTION: A motion was made by Councilmember Hughes to approve the bid not to exceed $195,000.00.
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.

INTERLOCAL AGREEMENT/RESOLUTION:
Consider approval of a resolution to approve an interlocal agreement between the City and the Southwest Special Services District to provide fire responses to the Ledges and Trails areas of the City.

City Manager Gary Esplin advised the special service district would like to build a fire house near the Ledges and Trails areas which would actually be located within the City limits. He explained staff recommends to move forward and for a number of reasons it becomes a win-win situation.

Commissioner Cox stated building the station is an example of excellent and wise stewardship using tax payer funds to craft a win-win situation.

Winchester Hills Fire Chief Christensen advised they will be building a fire station near the southwest corner of Winchester Hills. The station will be centrally located to cover Winchester Hills as well as the Ledges.



St. George City Council Minutes
October 3, 2013
Page Three

Fire Chief Robert Stoker stated that although the City does not have automatic aid agreement with any communities, this agreement will serve as one. Because the station will be in the City limits, certain development related fees will be waived. The agreement states the station will respond to the area of the Ledges, JEL Ranches and the Trails developments. He stated there have been problems with ISO which is the insurance rating service. At the last rating, the area was rated a class 10 which means no fire protection. This agreement should help that rating as well as save residents in that area quite a bit of money.

City Manager Gary Esplin advised the City rarely waives impact fees, however, this is like a City station and he feels it is fair to do so. This station may delay the need for a City station in that area.

City Attorney Shawn Guzman advised the agreement says that the fees are prorated over a ten (10) year period.

MOTION: A motion was made by Councilmember Almquist to approve the resolution to accept the interlocal agreement and the language with regard to the impact fees with Southwest Special Services District.
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

The vote was unanimous and the motion carried.

TRANSIT FEES/RESOLUTION:
Consider approval of a resolution to update Transit fees.

SunTran Manager Fred Davies advised since the last work meeting, the discount fee has been dropped. The proposed fees would no longer give discounts to qualified disabled or senior citizens for day passes, month passes, and semester passes.

Councilmember Hughes stated the fees were changed because there were some that were taking advantage of the discounted rates. This is not a money making service.

MOTION: A motion was made by Councilmember Hughes to approve the resolution for the new rate schedule as outlined
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.

AIRPORT RATES AND FEES/RESOLUTION:
Consider approval of a resolution to update Airport rates and fees.

City Manager Gary Esplin advised the following fee changes are proposed: Commercial/Charter Operations, Terminal Building Office & Space Rental, Security Fees, and Independent Flight Instructor/A&P Fee. He explained the City is making minor adjustment and changes to cover costs.

Airport Manager Rich Stehmeier explained that when the initial fee schedule was introduced, these particular fees were not addressed. Now that there is interest from sister cities to bring in charter daily flights, he feels that adjusting the fee schedule to include them is necessary.

Councilmember Almquist stated that Mr. Stehmeier looked at industry wide standards when looking at the fee structure.

MOTION: A motion was made by Councilmember Almquist to adopt the resolution to update the fees as presented.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote as follows:



St. George City Council Minutes
October 3, 2013
Page Four

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

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman inquired if the new schedule included effective dates. He stated that the Transit Manger wanted the fees effective January 1st, but he was not aware of the effective date for the airport fee changes.

City Manager Gary Esplin advised the airport fee changes should be effective immediately.

AMENDED
MOTION: A motion was made by Councilmember Almquist to clarify his motion to say the airport fee changes are effective today and the transit fee changes will be effective January 1, 2014.
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

The vote was unanimous and the motion carried.

ROAD CLOSURE REQUEST:
Consider approval of a road closure request for a customer appreciation and truck show event. Performance Diesel, Inc. applicant.

City Manager Gary Esplin advised there have not been issues with this request in the past.

MOTION: A motion was made by Councilmember Pike to approve the road closure request for Performance Diesel, Inc on November 1st and 2nd.
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.

FEE WAIVER REQUEST:
Consider approval of a fee waiver for the use of J.C. Snow Park for a Cub Scout Day Camp. Jill Davenport, applicant.

City Manager Gary Esplin advised the only concern staff had was that City ordinance has a section regarding archery in the park.

Amy Brinkerhoff advised they wanted an area for the scouts to shoot bb guns and do archery towards open fields. They will have several adult chaperones and range safety officers.

City Manager Gary Esplin stated he wants the Police Department to approve the set up.


MOTION: A motion was made by Councilmember Almquist to approve the waiver for the use of J.C. Snow Park on October 26th and address concerns with regards to archery and bb gun event to be approved by the Police department.
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

St. George City Council Minutes
October 3, 2013
Page Five

Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

FEE WAIVER REQUEST:
Consider approval of a request to use the 1st floor of the Main Street Plaza Parking Garage for the Snow Canyon High School Sadie’s Dance. Conner Blozham, applicant.

Conner Blozham and Cass Edgington with Snow Canyon High School stated they would like to hold their Sadie’s dance at the 1st floor of the Main Street Parking Garage on October 26th from 8:00 p.m. to 11:00 p.m. They will be utilizing the second and third floors for parking. The request is to use the first .floor because their school will not allow them to go on the 4th floor. Mr. Blozham advised he has been in contact with representatives from the Main Street Plaza and will contact other businesses in that area. Students attending must present tickets or they will be turned away.

City Manager Gary Esplin stated JMI has given approval.

MOTION: A motion was made by Councilmember Bunker to approve the special events permit to hold a Sadie’s dance on the first floor of the Main Street Plaza on October 26th.
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.

ROAD CLOSURE REQUEST:
Consider approval of a road closure request for the Dixie State University Homecoming Parade. Jordan Sharp, applicant.

Del Beatty, Dean of Students, advised the students want to interact more with the community. A schedule of events was handed out. They are requesting a road closure for the homecoming parade. Roads to be closed will be 100 South from 800 East to 100 West on Saturday, October 26th from 8:00 a.m. to 11:30 a.m.

MOTION: A motion was made by Councilmember Almquist to approve the road closure request.
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.

FEE WAIVER REQUEST:
Consider approval for a Drive-In-Movie event and fee waiver for use of the Ridge Top Complex. Jordan Sharp, Dixie State University, applicant.

Jordan Sharp advised they would like to host a free Drive-In-Movie for all of the community to attend. The movie being shown will be Despicable Me 2. In addition to using the Ridge Top Complex, they are requesting a fee waiver as well.

MOTION: A motion was made by Councilmember Pike to approve the event permit and waive the fee for the Drive-In-Movie event to be held at the Ridge Top Complex on October 22, 2013.
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


St. George City Council Minutes
October 3, 2013
Page Six

Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Councilmember Pike inquired if the Councilmembers could give them a decision about the concert they would like to host.

City Manager Gary Esplin stated there have been meetings with staff. There are several concerns such as the date since it will be during spring break as well as access. He feels the Ridge Top Complex is a great venue, however, there details to be worked out. This request can be brought back to a work meeting.

Mr. Beatty stated they are considering two groups and will need to have them booked as soon as possible so that the venue is locked.

FEE WAIVER REQUEST:
Consider approval of a fee waiver request for the use of Crosby Confluence Park for a Spooky Sprint Family 5K. Diane Callister, applicant.

Diane Callister, with Utah Foster Care stated the request is to waive the event fee for a family fun run to raise awareness of Utah Foster Care and to raise money for children currently if foster care.

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

ROAD CLOSURE/FEE WAIVER REQUEST:
Consider approval of a road closure and special event permit fee waiver request for a Fall Carnival Block Party. Karlinda Madrid, applicant.

Karlinda Madrid advised hey have held this event for the past eight years. This is an annual neighborhood party and will be held on 300 North from 300 West to 400 West. Utah Barricade will close the streets and they have been working with Captain Staley to coordinate security.

MOTION: A motion was made by Councilmember Hughes to approve the fee waiver and road closure on October 11, 2013.
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.

AGREEMENT:
Consider approval of a Reuse Water Exchange Agreement with Sun River.

City Manager Gary Esplin advised the request is to exchange the water rights owned by Sun River for reuse water at a 3:1 exchange rate. Sun River will transfer 1,674 AF of water rights in exchange for 556 AF of reuse water, delivered to the golf course. The City is currently supplying reuse water to Sun River through an agreement between Sun River and the Shivwits.

MOTION: A motion was made by Councilmember Almquist to approve the exchange agreement with Sun River and the City for the reuse water at 3:1 exchange rate and with 10% over cost of production to be paid to the City.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

St. George City Council Minutes
October 3, 2013
Page Seven

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 Sewer Agreement with The Ridge Townhomes Association.

City Manager Gary Esplin advised the agreement is with The Ridge Townhomes Association. The City has made an offer with HOA’s throughout the City to maintain sewer systems if they fit City standards.

MOTION: A motion was made by Councilmember Bunker to approve The Ridge Sewer 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.

City Manager Gary Esplin stated as part of cost, the City will receive two plots near the Legacy Development from Kay Traveller. The plots will be sold and funds will be used to bring these lines up to standard.

ANNUAL ACTION PLAN:
Consider approval of the Annual Action Plan for FY 2014 under the Federal Community Development Block Grant (CDBG) program.

CDBG Administrator Karen Christensen advised last May the City had done the public hearing and noticing; however the City Council has not voted on the matter. Items included are allocation of approximately $3,000.00 to go to the homeless, $100,000.00 set aside for the down payment assistance and $10,000.00 for KONY’s Coins for Kids program.

MOTION: A motion was made by Councilmember Hughes to approve the annual action plan for 2014.
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.

RIDGE TOP COMPLEX REQUEST:
Consider approval of a request to use the Ridge Top Complex for a Sports Car Club event. Ryan Johnson, applicant.

Ryan Johnson advised they held this same event earlier in the year and have held two events in this location previously. He presented a power point presentation which covered the following topics: Solo Events Illustrated; A brief description of Solo; Some important facts to know; Insurance coverages and limits; and Registration and Tech Inspections. They expect to have approximately 60-70 cars attend and have to be members of the club to participate. The event is free to spectators and all spectators are required to sign a waiver. In the past, they have paid $75.00 per day for the application fee and $125.00 for the event.

City Manager Gary Esplin advised the Councilmembers can approve a fee structure similar to last year. Generally, fees are waived for groups that are non-profit.

Mr. Johnson stated they are not a non-profit, rather they are a not-for-profit organization. He asked Bill Swensen for a fee structure but have not received one as of yet. He realizes the fee for the use of the Ridge Top Complex has increased.
St. George City Council Minutes
October 3, 2013
Page Eight

MOTION: A motion was made by Councilmember Pike to approve the request to use the Ridge Top Complex and utilize the fee structure from last year.
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.

MINUTES:
Consider approval of minutes of the City Council meeting held on August 15, 2013.

MOTION: A motion was made by Councilmember Bunker 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.

MINUTES:
Consider approval of minutes of the City Council meeting held on August 21, 2013.

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.
ADJOURN TO CLOSED SESSION: MOTION: A motion was made by Councilmember Hughes to adjourn to a closed meeting to discuss possible litigation and property purchase.
SECOND: The motion was seconded by Councilmember Almquist
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 Pike 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
St. George City Council Minutes
October 3, 2013
Page Nine

Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.





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Christina Fernandez, City Recorder