August 18 2011 City Council Minutes ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2011, 4:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Mayor Daniel McArthur Councilmember Gloria Shakespeare Councilmember Gail Bunker Councilmember Gil Almquist Councilmember Jon Pike City Manager Gary Esplin City Attorney Shawn Guzman City Recorder Gay Cragun EXCUSED: City Councilmember Ben Nickle OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led Councilmember Almquist. The invocation was offered by Pastor Jimi Kestin. Mayor McArthur announced plans for the St. George Wagon Company as part of the City’s Sesquicentennial celebration. He advised that many road construction projects will be in full swing this winter. He commented that the City received notice from bond agents that the City will maintain its AA bond rating, even though the City has seen three years of declining revenue. He attributed this to how well the City has been managed. Kirt Guerisoli introduced the five Hershey Track Meet national champions, after which the Mayor presented them with City sesquicentennial pins. Jennifer Winward, Recycling Coordinator for the Washington County Solid Waste District, extended thanks to the citizens of St. George for recycling over 6,000,000 pounds of product. A check presentation ceremony was re-enacted for the press. Ryan Gurr, Red Rock Bicycle Company, presented a store credit certificate in the amount of $1000 to the Police Department’s Bike Patrol in appreciation for their help during cycling events. AGREEMENT: Consider approval of an airport hangar agreement with the Steven Roundy Family Limited Partnership. City Manager Gary Esplin advised this is a standard lease and all requirements have been met. He recommended approval. 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 Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider approval of the annual purchase of road/street paint. Purchasing Manager Connie Hood explained the purchase will be made through a UDOT contract with Ennis Paint in the amount of $60,551.25 for 250 gallons of white and yellow paint. Councilmember Bunker commented that due to environmental regulations, the paint has to be a waterbase paint, which is why it fades so quickly. Streets Superintendent Randy Halvorson advised that dirt and grime also cause the paint to fade quickly. However, glass beads do help it last longer. St. George City Council Minutes August 18, 2011 Page Two MOTION: A motion was made by Councilmember Bunker to approve the purchase as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for asphalt patching and repairs. Purchasing Manager Connie Hood recommended award of the annual blanket to A-T Asphalt in an amount not to exceed $75,000. MOTION: A motion was made by Councilmember Pike to award the bid as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider approval of the purchase of 2011 police package vehicles. Purchasing Manager Connie Hood recommended purchase of three police-packaged vehicles through the state contract with Ken Garff for $78,805.52. There are no local vendors authorized to sell the police-packaged vehicles. Deputy Chief Rich Farnsworth explained the vehicles will be used by the Patrol Division. They are equipped with special braking and suspension and pre-wired for special equipment. The City Fleet Division will then outfit the vehicles with lights, sirens and radios. The Police Department has obtained a grant to purchase some thermal printers for the vehicles. MOTION: A motion was made by Councilmember Almquist to approve the purchase as recommended. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit, waiver of the special event permit fee and encroachment fee, sidewalk closure, and request for the City to supply barricades for the DocUtah Pedal Driven event on September 16, 2011 at 68 E. Tabernacle. John Scarafiotti, applicant. John Scarafiotti advised that the City is a sponsor of the event. Prior to the screening of “Pedaldriven” they would like to close part of the street to set up a public gathering area in front of the Electric Theater. MOTION: A motion was made by Councilmember Bunker to approve the special event permit, waiver of the special event permit fee and encroachment fee, closure of the street, and to provide barricades for the event. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes August 18, 2011 Page Three Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit and fee waiver for the annual Southwest Utah Recovery Day event at Town Square on September 22, 2011. Southwest Behavioral Health Center, applicant. Michael Cain, representing the Southwest Behavioral Health Center, explained that last year the City waived the fees for the first annual Recovery Day event and it was a wonderful success. The event provides an opportunity for members of the community to come together and celebrate the success of recovery. Last year they held the event in the middle of the day, but this year they would like to hold it from 5:00 p.m. to 8:00 p.m. MOTION: A motion was made by Councilmember Almquist to approve the special event permit and to waive the park usage and special event fees. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. City Manager Gary Esplin reminded the applicant that they are responsible to clean up after the event since the fees have been waived. SPECIAL EVENT PERMIT: Consider approval of a special event permit and fee waiver for the Desert Hills High School homecoming dance to be held September 10, 2011 at the old airport terminal. Mike Vance, representing the Desert Hills High School Executive Council, asked for a permit fee waiver and special event permit fee waiver. He advised that the students would like to weed the area near the old airport terminal. The plan is to use the inside left side of the terminal for dancing, as well as out on the airport pad, with a DJ in the middle between the two. Regular airport parking will be used, as well as the bathroom facilities. There will be 200-225 people in the building at a time. The dance will begin at 8:00 p.m. and end at 11:30 p.m. They would like to have use of the building from 6:30 p.m., however, for pictures to be taken. MOTION A motion was made by Councilmember Shakespeare to approve the special event permit and fee waiver. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. City Manager Gary Esplin reminded the applicant to keep the music down to a reasonable level and to clean up the area after the dance. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Sun Valley Phases 4 and 5 with 16 single family lots. Zoning is RE-12.5 with a density of two units per acre over the entire Sun Valley Estates project. A portion of Banded Hills Drive will be abandoned with the project and Airport Road will have to be realigned. Half acre lots will be located along Little Valley Road with a 100' setback no-build buffer. A 16 foot equestrian/pedestrian path will be dedicated along Little Valley Road. Each property owner will be required to maintain the landscaping between their read yard wall and the public right-of-way. Interior roadways will be 50' wide with a four foot landscape strip between the back of the curb and the sidewalk. St. George City Council Minutes August 18, 2011 Page Four Councilmember Pike inquired about the City’s ability to enforce maintenance of the landscaping between the rear yard walls and the public right-of-way. City Manager Gary Esplin replied that this requirement will have to be included on the plat and would be enforced by Code Enforcement. City Attorney Shawn Guzman advised that Code Enforcement could only enforce removal of weeds and could do nothing about landscaping that died. Councilmember Almquist inquired if the lots would have backyard access to trail along Little Valley Road. Mr. Jenkins replied that the lots along Little Valley Road will have access to the Little Valley Road trail. Councilmember Bunker inquired if the City could require a HOA be formed for maintenance of the landscaping. City Attorney Shawn Guzman replied that HOAs formed for the sole purpose of maintaining small strips of landscaping have never been successful. Councilmember Bunker suggested that the same type of wall, landscaping, and gate should be required for uniformity. Ken Miller, representing the applicant, advised the wall will be consistent along Little Valley Road and gates are planned for each lot. City Manager Gary Esplin advised the applicant can be asked to bring back plans for the wall, gates and landscaping. Councilmember Almquist suggested that a “right to farm” clause be included on the plat. Wes Jenkins advised that the ordinance requires the gates to be decorative iron or similar material. 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 Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider a request to amend the General Plan Land Use Map by changing the land designation from Medium Density Residential to High Density Residential for 2.28 acres located at the southeast corner of 900 South and 400 East. Color Country Community Housing, applicant. City Planner Ray Snyder explained the site is presently zoned Mobile Home. He presented an aerial photo of the site. The project will be named The Village at Heritage Court and will be for those 55 years of age and older. The building will be three stories and contain 56 one and two bedroom units. Density will be 22 units per acre. Jason Wheeler, representing Color Country Community Housing, explained the project is an affordable housing development for low and moderate income individuals. Councilmember Pike commented there are limits in terms of where this type of facility can be built. He inquired if there were others in the community. Mr. Wheeler replied the project will be financed with low income housing tax credits and there are limits to where a project of this type can be built. This particular area of St. George is in a qualified census track. The last affordable housing project built in St. George was in 2005 and there is a great need for them. He stated he was not aware of any other affordable housing project for seniors in St. George. Councilmember Almquist inquired what percentage of residents of the project would be 55 years of age and older. St. George City Council Minutes August 18, 2011 Page Five Mr. Wheeler replied that the goal at the moment is for at least 80% of the residents to be 55 and older. Whatever they commit to in the tax credit application is what they will need. Councilmember Bunker inquired about other views of the building, landscaping, placement of garbage receptacles, etc. Mr. Wheeler replied that they will be able to present a detailed site plan at a later date. Councilmember Shakespeare inquired about a management plan. Mr. Wheeler replied that one unit in the building will be for an on-site manager. Color Country will maintain ownership of the project and have a third-party manager to oversee the project. Mayor McArthur opened the public hearing. Sandra Harmon, a social worker, advised that she lives in this area, and while there is a need for affordable housing, traffic from this project will dump on 400 East right past Dixie High School. There are multiple accidents on 400 East at 700 South. Mayor McArthur replied that traffic information will be presented at the public hearing on the PD zone change. He advised there has been discussion about another road with the modification of Dixie Middle School which would facilitate traffic movement. Ed Baca commented that affordable housing is desirable in the proposed location as it is accessible to public transportation. He recommended approval. John Bryan advised that his home is located on the corner of the proposed project and he is concerned about having to move. He stated if this project goes through, it will spread through the adjacent mobile home park which is affordable housing for the Latinos and they have to have somewhere to live. He stated he wanted a reasonable price for his home. He stated a three story building did not make sense for seniors unless there was an elevator and he does not think the project will benefit the public. Neal Walter, representing the seller and buyer in this transaction, commented that they have explored all options for Mr. Bryan’s mobile home, and while this may be premature, they have been talking with the owners of the Grandview Mobile Home Park about making room for Mr. Bryan’s home. Color Country is exploring the actual cost of moving the mobile home. They are aware of Mr. Bryan’s situation and are sensitive to it and will try to address it. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Shakespeare expressed concern with the social economic balance of the area. She expressed concern about adding 56 more units that will overburden this area. Councilmember Pike replied that currently 40 units are allowed, compared to 56 proposed units, and a senior project will generate fewer cars. This type of housing is needed and based on the current zoning, it could be worse in terms of impact. MOTION: A motion was made by Councilmember Almquist to approve the general plan amendment by ordinance. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from A-1 and A-20 to RE-12.5 on 6.31 acres located at 2710 East and south of Crimson Ridge Drive. Quality Development, applicant. City Planner Craig Harvey explained this zone change is similar to other Sun Valley Estates zone changes. He presented a zoning map of the area. 12 single family residential lots are planned with a deed restriction of an average of two units per acre. All streets will be public. St. George City Council Minutes August 18, 2011 Page Six The Planning Commission recommends approval subject to the provision that the project density not exceed two dwelling units per acre. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Bunker to approve the zone change by ordinance. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the July 28, 2011 City Council meeting. MOTION: A motion was made by Councilmember Pike to approve the minutes as presented. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the August 4, 2011 City Council meeting. MOTION: A motion was made by Councilmember Bunker to approve the minutes as presented. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. ADJOURN TO A CLOSED SESSION: MOTION: A motion was made by Councilmember Pike to adjourn to a closed session to discuss potential litigation. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - 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 Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. St. George City Council Minutes August 18, 2011 Page Seven ADJOURN: MOTION: A motion to adjourn was made by Councilmember Almquist. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. _________________________________ Gay Cragun, City Recorder