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     City of St. George     Mayor & City Council     Agenda & Minute Details


Agenda & Minute Details


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August 30 2001 City Council Minutes



ST. GEORGE CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 30, 2001, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
City Manager Gary Esplin
City Attorney Jonathan Wright
Deputy City Attorney Ron Read
City Recorder Gay Cragun

EXCUSED:
Council Member Sharon Isom
Council Member Larry Gardner


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He advised that since only three Council Members were present, any decision would have to be unanimous in order for a motion to pass. The flag salute was led by Deputy City Attorney Ron Read, and the invocation was offered by Mayor McArthur.

AIRPORT LEASE:
Consider approval of a lease at the airport with USA Flightnet.

Dan Smith, President of USA Flightnet, advised he had previously been given a lease to build a hangar next to the college hangar, and it is underway. Since then, the bank providing the financing decided it wanted an addendum to the lease for recourse in the event of a default. An agreement has now been negotiated between the parties which requires City Council approval.

Deputy City Attorney Ron Read advised the initial agreement provided by the bank was rejected. The negotiated agreement contains provisions which will give Zions Bank the right to cure any default, and the City will accept Zions as a tenant if Mr. Smith defaults.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the lease as presented. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

PLAT APPROVAL:
Consider approval of a revised final plat for the East St. George Commercial Center Subdivision at 2720 East south of Red Cliffs Drive. Jeff Klein, agent.

Community Development Director Bob Nicholson advised the City Council previously approved the final plat. The property is located along Red Cliffs Drive and 2720 East, and the new road will tie into the Costco road. There are six lots rather than the original four. The Planning Commission recommended approval.



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August 30, 2001
Page Two

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the revised final plat as recommended by the Planning Commission, and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

DISCUSSION RE PRIVATE SEWER LINES:
City Manager Gary Esplin advised that at the direction of the City Council, staff met with the AOPC concerning City maintenance of private sewer lines and have worked out an agreement. Before the City can assume maintenance of these private sewer lines, they must be brought as close as possible to current City standards. In some situations it will not be possible to bring the lines 100% to City standards, and these situations will be considered on a case by case basis.

Council Member Allen inquired if in the future sewer systems in PUDs will be required to meet City standards.

Mr. Esplin replied that they would be required to meet City standards, and the City currently has such a regulation in place. He stated he felt that individual problems could be worked through and dealt with.

Tyler Nelson, President of the AOPC, advised the Association currently has 62 members. She inquired why some PUDs with private streets built after 1993 were not made to comply with City standards, as several of them contain unaccessible manholes and have no easements.

City Manager Gary Esplin replied the City will meet with the developers of these projects and make them correct the deficiencies.

Jack Rose, President of The Ridge Homeowners Association, advised that The Ridge project does not comply with City standards, and that 200 innocent homeowners who moved into the project with full confidence that the builder had built according to Code should not be made to pay to bring the project up to City standards. If the developer did not construct the project to City standards, and the City did not inspect the project according to the Code, the homeowners should not be required to contribute to the cost to bring it up to Code.

Council Member Orton commented that correction of deficiencies would be a matter between the developer and homeowners association only, and the City could not participate.

City Manager Gary Esplin advised that since 1993 when the City adopted stricter standards for private developments, property owners have been paying more for the upgraded systems. However, the City will not know the extent of participation needed by each entity until each project is examined on a case by case basis. He commented he felt the City was at a point where it could accept applications for acceptance of the private sewer systems.

A motion was made by Council Member Orton to proceed. The motion was seconded by Council Member Whatcott who commented that the liability for bringing the substandard systems up to City specifications should not be borne by the citizens of St. George, but by the private developments.

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August 30, 2001
Page Three

City Manager Gary Esplin advised that systems which do not meet City specifications will be brought back individually to the City Council for review and a decision. The City will rely on its engineers to inspect and certify all the private systems which petition the City to assume maintenance responsibilities.

Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

AIRPORT LEASE:
Consider approval of a lease at the airport for a self-serve fuel island.

City Council Members inquired of Public Works Director Larry Bulloch if the applicant’s request met minimum standards for development at the airport.

Mr. Bulloch replied that the request did meet minimum standards. He then reviewed with the Mayor and City Council the minimum standards. He advised that the Airport Board also reviewed the minimum standards and deemed the applicant qualified and recommended approval.

Kent Christopherson, representing the applicant, Mr. Peterson, advised that competition at airports is authorized by the Airport Development Act. He explained that one of the reasons for allowing a self-service fueling facility is to have fuel available 24 hours a day seven days a week. The two FBOs who currently provide fuel at the airport do so on a limited basis. The applicant, Mr. Peterson, would like to provide service allowed by the FAA. The service is an increasing trend across the US. Further, Mr. Peterson will be providing 100 octane fuel for small aircraft only, and will not provide jet fuel for large turbine aircraft, and therefore will not compete with the two FBOs currently at the airport. Additionally, the tax revenue which will be provided by the applicant’s operation is important for the City. The applicant will provide fire extinguishers and telephone service available 24 hours a day. If the City requires that a restroom be provided, one will be provided similar to the facilities provided by the College. The facility will be appropriately marked and well lit.

Council Member Allen inquired how pilots would know about the facility.

Mr. Christopherson replied they would most likely know by word of mouth, as well as being able to see it, as pilots are quick to look for fueling facilities during off hours.

City Manager Gary Esplin inquired of Mr. Christopherson if there were a certain number of pilots who should be based at one airport in order to accommodate an FBO’s operation without a subsidy.

Mr. Christopherson replied that over the last 10-15 years there has been an increasing area of specialization, while in St. George one operator is still attempting to provide several different types of services.

Alan Boyack, representing Aero West and Western Air Services, advised that Aero West had not abandoned its maintenance program, but may have to in the future due to an economic depression. He advised there are national FBOs concerned about self-service fuel operations who do not have to make

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August 30, 2001
Page Four

an investment of any kind while his clients have full-time employees. Since it was a requirement of the City that FBOs provide all services, it is not now fair to grant an applicant approval to install a pump only with no other facilities.

Council Member Orton commented that the recent trend in St. George and across the country is that a majority of fueling stations have no buildings or restrooms.

Mr. Boyack commented that serious safety ramifications would exist due to inexperienced pilots fueling their own aircraft

Mayor McArthur commented that he has seen trained fueling employees forget to ground the airplane before fueling, and that this could happen to anyone.

Mr. Christopherson advised that the self-fueling facility must be approved by the Fire Marshall and is self-grounding. In fact, the system will not operate unless it is grounded.

Council Member Orton asked Public Works Director Larry Bulloch and Deputy City Attorney Ron Read if, in their opinion, the applicant met the minimum standards.

Public Works Director Larry Bulloch replied that in his opinion the applicant did meet minimum standards. Additionally, the Airport Board voted three to one in favor of the request.

Brent Gardner, a member of the Airport Advisory Board, advised that the Airport Board met again last night and discussed the issue, and it was still the feeling of the Board that the self-fueling station should be allowed.

Council Member Orton clarified that the Airport Board voted to table the applicant’s request until a decision was made by the City Council.

Deputy City Attorney Ron Read advised that from a legal standpoint, the applicant’s request would appear to comply with the City’s ordinance and standards.

Glen Bundy expressed concern that the airport would lose some of its services if the City approved the applicant’s request, and the minimum standards seem to be interpreted differently now than in the past.

City Manager Gary Esplin advised when the minimum standards were created, self-services were not discussed, and the reason FBOs tried to offer many different services was to be cost-effective. The issue now seems to be if the FBOs can remain in business if the dispensing of fuel is taken away from them.

Council Member Orton commented that the City Council is bound by law and the free enterprise system to make the best judgment it can. He then made a motion to approve the request. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.


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August 30, 2001
Page Five

REQUEST FROM DIXIE CARE AND SHARE:
Mayor McArthur advised he received a request from Ralph Flannigan, Director of Dixie Care and Share, for a representative from the City Council to sit of their board. Mayor McArthur asked Council Member Allen if she would sit on their board, and she accepted.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss litigation and purchase of property was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RECONVENE:
A motion to reconvene was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

DISCUSSION RE DARTS:
Mayor McArthur suggested that the City contribute $50,000 in funding to the DARTS program for one more year in order to give it a good chance at success.

City Manager Gary Esplin commented he too felt the City should contribute $50,000 for one more year.

It was the consensus of the Mayor and City Council to approve funding for the DARTS program in the amount of $50,000 for another year.

DISCUSSION RE ECONOMIC DEVELOPMENT INCENTIVES:
City Attorney Jonathan Wright advised that the courts say the City can offer incentives outside of the State Economic Development Act, but must show a fair market value exchange, the same as for an exchange of a parcel of land.

The meeting then adjourned.



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Gay Cragun, City Recorder