City Council Minutes

Thursday, January 20,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 20, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gail Bunker
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Mayor McArthur and the invocation was offered by Marilyn Davis.

EMERGENCY PROCLAMATION:
Mayor McArthur expressed appreciation for the many volunteers who assisted during the largest flood in St. George?s history since 1862. He advised that the state of emergency was still in effect which requires a formal proclamation. He then read the proclamation.

MOTION: A motion was made by Council Member Gardner to approve the proclamation.

SECOND: The motion was seconded by Council Member Allen.

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

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

Mayor McArthur advised that he recently traveled to Washington D.C. and met with the Chief of the Army Corp of Engineers who would like to come to St. George and view the flood damage. Mayor McArthur expressed appreciation to the Red Cross and all volunteers who helped so much during the recent disaster. He recognized Bryce Christensen, Ed Burgess, Jacobson Construction, Jason Rogers, and others for their great work in helping to save the community and in assisting those who lost property or were otherwise affected by the flooding.

City Manager Gary Esplin expressed appreciation to City staff for stepping up to handle the emergency during his absence.

AWARD OF BID:
Consider award of a blanket contract for fertilizer and chemicals.

Purchasing Agent Sue Swensen presented four bids received:

Steve Regan Co. $19,319.86
John Deere $19,135.32
Helena Chemical $19,957.31
Lesco, Inc. $17,851.09

She recommended award of a blanket contract to both Steve Regan Co. and Helena Chemical in the amount of $250,000 each for the year. The fertilizer and chemicals will be used by all City departments.

MOTION: A motion was made by Council Member Gardner to award a blanket contract to Steve Regan Co. and Helena Chemical in the amount of $250,000 each for the year.


St. George City Council Minutes
January 20, 2005
Page Two

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Ms. Swensen explained that staff will be advised to use the low bidder on each item needed.

AWARD OF BID:
Consider award of bid for heavy rescue extrication sets and Survivair SCBA equipment for the Fire Department.

Purchasing Agent Sue Swensen explained that this is a sole source purchase from L. N. Curtis & Sons in the amount of $57,714. FEMA grant funds will be used to pay for the equipment.

Fire Chief Robert Stoker explained that the equipment will be used on the heavy rescue hazmat vehicle. The equipment is sole source due to the fact that it needs to match equipment the Fire Department is currently using. The City received $143,000 from a FEMA grant, with the City?s match at $43,000.

MOTION: A motion was made by Council Member Bunker to award the bid to L. N. Curtis & Sons in the amount of $57,714.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Riverside Drive Phase IV project.

Purchasing Agent Sue Swensen presented the bids received:

Mel Clark, Inc. $2,194,805.55
H. E. Davis $2,346,228.50
Meadow Valley $2,399,757.30
Sky View Excavating $2,438,445.00
Interstate Rock Products $2,474,515.24

She recommended award of the bid to the low bidder, Mel Clark, in the amount of $2,194,805.55.

Roger Bundy explained that the contract period is 120 working days, and if all goes well completion is expected by the first part of August. There is still one right-of-way issue that is being finalized. A geo tech firm has proposed a solution to alleviate the problem of blue clay in the area. Staff has done a background review of Mel Clark Inc., and they are licensed in Utah and pre-qualified with UDOT to bid on projects up to $12 million. Staff feels comfortable with them and they should be able to accomplish the project. He stated he was not aware of any other major projects they were involved in that would conflict with this project. The engineer?s estimate was $2,522,000. The engineering construction management contract for this project with Carter Burgess will be brought to the City Council at its next meeting.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Mel Clark, Inc. in the amount of $2,194,805.55.

SECOND: The motion was seconded by Council Member Allen.

Public Works Director Larry Bulloch requested that approval be conditioned upon right-of-way acquisition.

Council Members Gardner and Allen agreed to add this condition to the motion.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



St. George City Council Minutes
January 20, 2005
Page Three

FLOOD VICTIM RELIEF PROJECT:
Council Member Gardner explained that efforts are underway to compile a souvenir documented history of the flood which will be for sale, with all profits going to the flood victims.

Doug Bringhurst, representing Village Bank, explained that area banks have made sizeable contributions to the relief effort, and $40,000 is available to pay for the publication of the book. Accounts have been opened at all area banks for collection of donations.

Council Member Gardner explained it is hoped that $300,000-$500,000 can be raised from the sale of the souvenir books. Any bank funds left over after publication of the book will go to the relief fund.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapters 2 and 19, St. George City Code, to define an unimproved lot and unpaved surface, and to prohibit the parking of vehicles for display or other commercial uses on such areas.

Brad Young, Zoning Enforcement Officer, reviewed the language of the proposed ordinance. He explained that the proposed ordinance will close loopholes in the City Code. The word ?display? contained in the ordinance means a vehicle which is displayed for the sole purpose of rent, sale, lease, or hire, and not for storage, or for use as part of a construction project.

Council Member Whatcott recommended a minor change to the ordinance which would more clearly prohibit parking for a commercial purpose on an unpaved surface or unimproved lot.

Mr. Young explained that the proposed ordinance would not prohibit the owner of a vehicle from driving that vehicle with a for sale sign, or parking that vehicle in front of his own home.

Mayor McArthur opened the public hearing.

Carol Sapp, Southern Utah Homebuilders Association, requested clarification on whether the proposed ordinance would prohibit someone from storing implements on his own property.

City Attorney Shawn Guzman explained that commercial use meant retail use. Vans sometimes are placed on unimproved lots specifically for advertising purposes, and this would be classified as display and would be prohibited.

Mayor McArthur closed the public hearing.

MOTION: A motion was made by Council Member Gardner to approve the ordinance with the change suggested by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Bunker inquired if the proposed ordinance was too broad.

City Attorney Shawn Guzman replied that the ordinance would be narrowly interpreted for retail purposes on unpaved surfaces.

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

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for Laser Mania on February 4, 2005.
St. George City Council Minutes
January 20, 2005
Page Four

City Manager Gary Esplin explained that Laser Mania currently has a business license. The Police Department has reviewed and approved the security plan, and staff can see no problem with the request.

MOTION: A motion was made by Council Member Whatcott to approve the special event permit.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

BEER LICENSE:
Consider approval of a beer license for Southkey Holdings One, LLC dba Sunset Tesoro. Christian Hickey, applicant.

City Manager Gary Esplin explained that the Sunset Tesoro is changing hands, and the application meets City requirements.

MOTION: A motion to approve the beer license was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended that public hearings be scheduled for February 17, 2005 at 5:00 p.m. to consider (1) a zone change from A-1 to RE-20 on two acres located at 2350 East and 2150 South, Ben Sorensen, applicant; and (2) an amendment to Title 10, St. George City Code, to address maximum square footage size of commercial buildings within the C-1 zone, rename the C-1 zone, and provide adequate definitions for language used within the proposed revisions, City of St. George, applicant.

MOTION: A motion was made by Council Member Allen to schedule the public hearings as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended approval of the following final plats:

1. Tuweap road dedication from 1800 North to 2000 North. Rosenberg Associates, agent for applicants.
2. Sierra Vista Subdivision located at 2000 North and Tuweap Drive. Leo Bringhurst, applicant.
3. Estrella Phase I located at 1800 North Snow Canyon Parkway. James Sullivan, applicant.
4. Cottages at Stone Point Phase I located at 435 North Stone Mountain Drive. Kelly Larson, applicant.

He commented that there were no changes from the preliminary plats.

MOTION: A motion was made by Council Member Gardner to approve the final plats and authorize the Mayor to sign them.

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


St. George City Council Minutes
January 20, 2005
Page Five

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended approval of the preliminary plat for Escalera Phase 2 located north of Middleton Drive at 1050 North and 1900 East subject to the applicants working with City staff on the possibility of switching the right-of-way widths between 1900 East and 2000 East, and acknowledging the change to the road master plan through the future Forest Park. Milo McCowan is the representative.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended approval of the preliminary plat for Sundown Estates subject to obtaining an official letter of agreement with Gary Carter rather than an acknowledgment or receive approval from City Engineering to allow a temporary cul de sac to be within the end lots.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission. Either option is acceptable.

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended approval of the preliminary plat for Crimson Shadows Phase 1 subject to providing a temporary cul de sac on 2000 South Street.

MOTION: A motion was made by Council Member Allen to approve the preliminary plat subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended approval of the preliminary plat for Rim Rock Commercial Center.

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended approval of the preliminary plat for Sun River Phase 17 noting that this would be the last plat allowing division into phases designated by letters, such as ?A? and ?B?.


St. George City Council Minutes
January 20, 2005
Page Six

An unidentified representative of Sun River explained that Phase 18 designation has been applied to another parcel on the site, but they would make sure that phase designation by lettering does not happen again.

Associate Planner Mark Bradley explained that assigning phases with a letter designation makes a difference when dealing with permits and keeping track of plats.

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat as presented, subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 18, 2005, recommended approval of the site plan and building elevation for a proposed office building located in Tonaquint Hills Phase 1, Lot 2, at 1500 South and Dixie Drive. The plan calls for three shades of earth tone stucco with a concrete tile roof. The building will be used to house a taxi reservation center.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevation.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Hillside Review Board recommended approval of a hillside development permit for a proposed single family subdivision (Serenity Hills Phase 2) located at the northwest corner of 2000 South and 2580 East subject to placement of a construction fence at the top of the cut prior to grading and during the time of construction, the issue of the master planned street be resolved by the City, and the finding that Lot 105 slope area meets the ordinance. The Planning Commission, at its meeting held January 18, 2005, recommended approval subject to the recommendations of the Hillside Review Board and review by City Engineering of the study being prepared by Alpha Engineering prior to submittal of a preliminary plat.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board.

SECOND: The motion was seconded by Council Member Allen.

Jim Raines of Bush & Gudgell explained that Quality Development has taken over the project. He requested that they be able to move on with the preliminary plat at their own risk and not be required to come back for a new hillside permit. However, they would do so even though they are not required to.

AMENDED MOTION: Council Members Gardner and Allen agreed to include the request in their motion

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Associate Planner Mark Bradley explained that if the preliminary plat is approved, the applicants would have a vested right. Staff recommends that the study be resolved prior to the preliminary plat being submitted.

City Attorney Shawn Guzman agreed with Mr. Bradley.

Mayor McArthur commented that the applicants are agreeing to comply with the recommendations of the study.

St. George City Council Minutes
January 20, 2005
Page Seven

City Attorney Shawn Guzman advised that if a condition is not placed by the City Council, then the City would have to rely on the good will of the applicant.

Council Member Gardner commented he was willing to rely on the good will of the applicant.

City Manager Gary Esplin commented that the City would be protected since the applicant agrees to abide by the conditions of the study, and this may change the feasibility of who will build the road and what requirements have to be met. There is only one access to the entire parcel.

Mr. Bradley commented that at present there was only one access for the entire parcel, but the applicants have to make improvements to 2000 South.

Mr. Esplin clarified that the question is whether the City Council wants the applicants to proceed with the drawings and preliminary plat phase, or require the study to be done prior to the preliminary plat stage.

City Attorney Shawn Guzman commented he would be concerned if the applicants expended a significant amount of money.

Community Development Director Bob Nicholson explained that the applicants would waive their vesting right in the preliminary plat as this would be at their own risk, but once they have a preliminary plat they are vested to proceed.

Jim Raines commented the applicants are more concerned about having to come back for another hillside permit. The study will be resolved in a few weeks and the applicants will comply with the study.

City Manager Gary Esplin commented he did not think the applicants could begin the project until the preliminary plat was approved, and the issue would be resolved before the preliminary plat stage.

Jim Raines commented there could be a deviation in the layout depending on the study, but the applicants did not want to take a step back and again go through hillside review.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a three story bank building up to a height of 63'8" located at the northeast corner of the intersection of 170 South and River Road. State Bank of Southern Utah, applicant.

Community Development Director Bob Nicholson explained that the proposed location is south of the Mountain America Credit Union. The building is planned to be three stories, up to 63'8" to the roof peak. The typical measurement to the midpoint is 60'. The Planning Commission recommended that the building be moved back further from River Road, and the applicants have complied with the request and moved the building back 18'. The building has a variation in its roofline and setback to provide interest. The highest point of the building is 162' back from the curb, and the bulk of the building is 81 feet from the curb, and the drive-up lanes are 56' feet from the curb. The pad is significantly below the elevation of the credit union and the S&S parcel to the east. The building will be brick with a total of 13,418 sq. ft. over three levels. One additional parking space will be needed. The Planning Commission recommends approval.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

An unidentified man commented that approval has not yet been received from federal regulators. 25 employees are planned, with a pay scale of $9.00 - $30.00 per hour. The main level will have retail banking services and tellers. The second level will be a

St. George City Council Minutes
January 20, 2005
Page Eight

full commercial and real estate loan center, and the third floor will house a computer center and executive offices.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited Scouts from Troop 399 to introduce themselves.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a day care center at the old hospital. Dixie Regional Medical Center, applicant.

Community Development Director Bob Nicholson explained that the day care center will house up to 80 children for IHC employees only. The facility will not be open to the public. Hours will be from 5:30 a.m. to 7:00 p.m., with ages ranging from six weeks to five years old. There will be 17 staff members. The interior of the building will be remodeled for the day care, and there will be 6,700 sq. ft. of playground area outside. A wrought iron fence with brick columns will surround the playground area. The Planning Commission recommends approval. The site plan showed a structure within the 20' setback area, and the applicant is working on moving the structure out of the setback area.

Council Member Allen declared a conflict as interest as she sits on the Hospital Board.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF CONTRACT:
Consider approval of Amendment #2 to the Landrum and Brown contract to perform necessary tasks of the EIS not included in the original contract.

Airport Manager David Ulane explained that as the EIS moves forward, there is need for extra work not contemplated at the time of the original contract. The amount of the change is $35,511 for three additional pieces of work: additional cultural and water resources surveys on the southwest side including the Ft. Pearce Wash, an additional revision to the FAA required layout plan, and noise measurements at the Black Mountain petroglyph site at the request of the BLM. This amendment will bring the total contract amount up to $2,365,323, all of which is covered by FAA funds.

MOTION: A motion was made by Council Member Gardner to approve the contract amendment.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
City Manager Gary Esplin explained that authorization is needed for the Mayor to sign a master power purchase and sales agreement with Morgan Stanley as previously discussed. It is a standard agreement which allows the City more flexibility to market and purchase power. The City Attorney has made changes which Morgan Stanley is willing to accept. He recommended approval subject to City Attorney approval of the final draft form.

MOTION: A motion was made by Council Member Whatcott to approve the agreement subject to final review and approval by the City Attorney.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.




St. George City Council Minutes
January 20, 2005
Page Nine

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held November 4, 2004.

MOTION: A motion was made by Council Member Whatcott to approve the minutes as amended.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held January 6, 2005.

MOTION: A motion was made by Council Member Allen to approve the minutes as presented.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

NEW BUSINESS:
Darrell Hafen, representing Dixie Power, Light and Telephone, explained he had a way to solve problems for victims of the recent floods without use of tax money by implementation of a bottled water project in the casinos in Las Vegas. Mayor McArthur wished Mr. Hafen the best as he pursued this project

ADJOURN TO AN EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss a land purchase and pending litigation.

SECOND: The motion was seconded by Council Member Allen.

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

Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion was made by Council Member Gardner to adjourn executive session and reconvene regular session.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS:
City Manager Gary Esplin suggested that the City sell some of the recently acquired Flowers property which is zoned R-3 to offset some of the cost of the Atkin property. He expressed concern about expectation levels of matching funds for flood relief. A coordinating teams has been created and a geomorphologist hired to determine where the river channel is and to create a plan for it. He then reviewed areas needing immediate attention, areas which are not urgent but need necessary repairs, and those needing long term repairs caused by the flooding. He then discussed a temporary bridge at the Valley View crossing.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Allen.

SECOND: The motion was seconded by Council Member Whatcott.


St. George City Council Minutes
January 20, 2005
Page Ten

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



_______________________________
Gay Cragun, City Recorder