City Council Minutes

Thursday, November 6,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 6, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Jon Pike
Council Member Gloria Shakespeare
Council Member Gil Almquist
Council Member Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Suzanne Allen


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Shawn Guzman and the invocation was offered by Jon Pike.

Kay Christian, representing the Jubilee of Trees, invited the Mayor and City Council to select their favorite trees on Thursday, November 20 at 3:15 p.m.

AWARD OF BID:
Consider award of bid for distribution capacitors.

Purchasing Manager Connie Hood advised four bids were received. She recommended award of the bid to the low bidder, HD Supply in the amount of $89,644. The budgeted amount was $100,000 so quantities and size were adjusted to come in within budget.

MOTION: A motion was made by Council Member Bunker to award the bid to HD Supply in the amount of $89,644.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE:
Consider approval of an ordinance amending the business license application form.

City Attorney Shawn Guzman read the ordinance language.

Mayor McArthur explained this ordinance is a result of concerns expressed during the last election, and the reason it took so long to implement is because of the business license renewal cycle, which begins in January.

Council Member Almquist commented the key is to be familiar with the law. The City has taken a bold step and even though no penalties are included in the language, there are some consequences for not abiding by it.

City Attorney Shawn Guzman explained this action is to remind people the law requires them to do certain things when they hire employees, but this ordinance is secondary to the City?s other ordinance which says that the City has the ability to audit contractors who contract with the City for ordinance compliance, and if it is found that they have violated federal law, then action might be taken at that time.

MOTION: A motion was made by Council Member Pike to approve the ordinance.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Pike - aye
Council Member Almquist - aye
Council Member Bunker - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.
St. George City Council Minutes
November 6, 2008
Page Two

RESOLUTION:
Consider approval of a resolution authorizing an amendment to the escrow deposit agreement executed in connection with the refunding of the City?s senior housing subordinate revenue bonds (OK Foundation Projects) Series 2005A and Series 2005B; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; and related matters.

City Manager Gary Esplin explained that the OK Foundation tries to coordinate charities which make donations to children and tries to maximize the funds and get them to those who really need it. A few years ago the City issued a bond which allowed the Ok Foundation to purchase the Meadows complex and a similar facility in Salt Lake. The City acted as a pass-through so the Foundation could get a better interest rate on the bonds which made the project feasible. The Meadows has since been sold to a private company with the proceeds put back in to defease the bonds in two years. There is now an opportunity to reauthorize the two year time period and save interest which can be put back into the foundation to help charities. Action tonight would authorize amendment of the agreement to borrow and replace the existing load with a new one at a better interest rate. The OK Foundation has made significant donations to organizations in Salt Lake and funneled funds back to the local School District. There is no financial effect on the City.

MOTION: A motion was made by Council Member Pike to approve the resolution.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution permitting homeowner associations (HOAs) which use irrigation quality water to be billed as though the residents are individual units.

City Manager Gary Esplin explained that approval of the resolution will allow homeowner associations which receive irrigation water through master meters to be billed as though each unit had its own individual meter. This will encourage water conservation.

MOTION: A motion was made by Council Member Bunker to approve the resolution.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a restaurant liquor license for Peppers Cantina. Sandy Arner, applicant.

City Manager Gary Esplin explained this new restaurant is located in a former restaurant which had a beer license. The application meets all requirements and staff recommends approval.

City Attorney Shawn Guzman and Business License Officer Laura Woolsey explained the different types of alcohol and beer licenses.

St. George City Council Minutes
November 6, 2008
Page Three

City Manager Gary Esplin explained that local consent means the City gives it consent to the restaurant to apply to the State for a liquor license. There is no restriction on the number of liquor licenses within the City but there is on the number of private clubs allowed.

Laura Woolsey explained that the City regulates Class A licenses which includes off-premise beer sales. In order to qualify for a restaurant liquor license, 60% of an the establishment?s revenue must be from food sales. Once that is met, a criminal history is obtained, among other requirements, and they submit the local consent from the City to the State.

MOTION: A motion was made by Council Member Bunker to approve the beer license and local consent.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARING:
City Planner Ray Snyder explained the Planning Commission recommends that a public hearing to consider a request for an amendment to a portion of an existing PD Commercial zone consisting of 3.07 acres located off Riverside Drive west of the adjacent U.S. Post Office be scheduled for November 20.

MOTION: A motion was made by Council Member Bunker to set the public hearing as recommended.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Todd Jacobsen explained that the Planning Commission recommends approval of the final plat for Beehive Homes located at the intersection of Tonaquint Drive and Mesa Palms Drive. The purpose of the amendment is to add a third lot and adjust the utility easement. The Planning Commission also recommended approval of the final plat for Villa Bonita Courtyards, a 22 lot residential subdivision located north of the Sunbrook Golf Course at 2200 West and 450 North. This plat was previously approved in 2006, but the approval has since expired and needs to be approved again. The Planning Commission also recommends approval of the road dedication plat for 200 West Street located between St. George Blvd. and Tabernacle Street. This plat will complete a culdesac for emergency vehicle access. Along with this portion of 200 West, a vacation of street previously approved by the City will be recorded.

MOTION: A motion was made by Council Member Pike to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage up to 21' in height located at 964 Manzanita Road. Mr. and Mrs. Dave Seely, applicants.

City Planner Ray Snyder explained that accessory buildings over 15' in height require a conditional use permit. The subject site is located in Bloomington Gardens. Concerns were expressed at the Planning Commission meeting by the President of the Bloomington HOA, but all issues have been resolved. The Planning Commission recommends approval subject to the following conditions: (1) the garage will be located 18' from the house, 10' from the side yard and 10' from the rear yard property line; (2) the garage is for storage of an RV and will not have bathroom facilities; (3) the garage will not be used for any commercial purpose; (4) the exterior finish will be stucco and the roofing will be an aluminum shake-style shingle that matches the existing home?s roofing material; and (5) the garage will not exceed 21' in height to the top of the ridge.

Council Member Pike inquired if the driveway was required to be put in at the time the garage is built.


St. George City Council Minutes
November 6, 2008
Page Four

Mr. Snyder replied this was not discussed.

Mr. Seely advised that he planned to put in the driveway at the time the garage is built.

Council Member Shakespeare commented that one of the concerns expressed at the Planning Commission meeting was that the Bloomington HOA would prefer that applicants come to them first before the matter is heard by the City Council. The Assistant City Attorney advised the Planning Commission that the City does not enforce CC&Rs and as long as the application meets City requirements, the City will approve it.

Mr. Snyder replied that in the future the City will ask an applicant to obtain a letter from the HOA and notice will also be sent to the HOA.

City Manager Gary Esplin commented that the City cannot monitor CC&Rs and it does not require that the project be approved by the HOA.

Council Member Pike inquired of the applicant if landscaping which was damaged some time ago could be replaced at the time the driveway is installed.

MOTION: A motion was made by Council Member Shakespeare to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Pike.

City Attorney Shawn Guzman inquired of the City Council if they wanted to make installation of the driveway at the same time as building of the garage a condition of approval.

AMENDED MOTION: Council Member Shakespeare agreed to amend her motion to include the stipulation that the driveway must be installed at the same time as construction of the garage.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Planner Ray Snyder advised that the Planning Commission is planning a field trip to look at a 2000 acre parcel planned to be annexed in the Tonaquint area, and they would like to extend an invitation to the City Council to join them. The site visit will be held on Friday, November 21 at 11:00 a.m. Those attending will meet at the intermediate school parking lot.

HOMELAND SECURITY GRANT:
Consider approval of the Articles of Agreement for the 2008 Homeland Security Grant.

City Manager Gary Esplin explained that proceeds of the grant will be used by the bomb squad. The City has received this grant in the past. There is no match.

MOTION: A motion was made by Council Member Shakespeare to approve the grant.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SLUDGE DISPOSAL AGREEMENT:
Consider approval of a revision to the sludge disposal agreement with the Washington County Solid Waste District.

City Manager Gary Esplin explained an agreement is needed to take care of the City?s sludge which is used for compost or put into the face of the landfill. There has been no change in the cost of the sludge disposal for many years. He recommended approval of the new charge which increases the charge from $3 per wet ton to $6 per wet ton.

Mayor McArthur expressed concern that the agreement proposes the cost of sludge disposal increases $3 per wet ton every two years.


St. George City Council Minutes
November 6, 2008
Page Five

City Manager Gary Esplin advised that the increase to $6 a wet ton can be approved now, and the agreement amended later on.

City Attorney Shawn Guzman advised he would speak to the attorney for the Solid Waste District tomorrow about the amendment.

MOTION: A motion was made by Council Member Pike to revise the agreement, adding an additional cost of $3 per ton, and re-evaluate it in two years.
SECOND: The motion was seconded by Council Member Bunker.

City Attorney Shawn Guzman clarified that the City Council was not requesting that this language be added to the agreement.

City Manager Gary Esplin replied this was correct, but it is being approved with the understanding that the fees will be reviewed again in two years.

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

AGREEMENT:
Consider approval of an agreement with Alpine Environmental to provide monitoring of mitigation efforts in the Virgin River required by the installation of the Bloomington Hills sewer line.

City Manager Gary Esplin explained that the City put the sewer line under the river and built the trail. As part of the approval process to go under the river, the City had to agree that it would monitor it for a period of time. Approval of the agreement will allow the City to have someone do the monitoring for a period of five years.

MOTION: A motion was made by Council Member Bunker to approve the agreement.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AIRPORT STANDARDS AND REGULATIONS:
Consider approval of standards and regulations for the new Replacement Airport.

Airport Manager Rick Crosman explained that since this issue was last discussed with the City Council, no additional input or information has been received.

MOTION: A motion was made by Council Member Shakespeare to approve the standards and regulations.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Crosman advised that he is making inquiries to get the internet to the site so that a web cam can be installed. The entire site has been transformed, and all runways and taxiways are now visible.

Public Works Director Larry Bulloch offered to take the City Council on a tour of the site.

After discussion, the site visit was scheduled for November 21.

APPOINTMENTS:
Appointments to various boards and commissions of the City.

Mayor McArthur recommended appointment of Joan Hickman, Tony Bodell and Robert Whatcott to the Art Museum Board.

MOTION: A motion was made by Council Member Bunker to appoint Joan Hickman, Tony Bodell and Robert Whatcott to the Art Museum Board.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


St. George City Council Minutes
November 6, 2008
Page Six

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held October 9, 2008.


MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Pike.
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 October 16, 2008.

MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried.

Consider approval of the minutes of the City Council work meeting held October 23, 2008.

MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the City Council work meeting held October 29, 2008.

MOTION: A motion was made by Council Member Shakespeare to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Foremaster Holding Six Lot Parcel with six residential lots located at the corner of Foremaster Drive and 1740 East Street. Howard Foremaster, applicant.

Jay Sandberg explained the plat consists of six lots and is being built in conjunction with the church on 1740 East. There is a 10' landscaped area so it is recommended that an access be created to maintain the strip and a restriction placed on the plat that there not be any access on Foremaster Drive but instead off the side street. There is also a temporary turnaround. There will be a 10' landscaping strip and then a wall. The lots on the southern portion will have to have walkout basements. All the property is zoned R-1-10.

Cade Bringhurst, representing Alpha Engineering, commented that the sewer runs to the south and ties into the street. There will be an easement for the sewer line which will also be a future road. The sewer will be installed as part of this plat.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Dixie Commons with ten commercial lots located at the corner of Dixie Drive and 1600 South Street. BV Dixie Commons, LLC, applicant.

St. George City Council Minutes
November 6, 2008
Page Seven

Jay Sandberg explained the first phase has already been constructed. The Planning Commission recommends approval subject to a final plat, cross access and shared parking.

Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing.

Council Member Almquist inquired how the tax structure would be changed and how the overall value of the project would compare to the current situation.

City Manager Gary Esplin replied that the property, when sold, would receive new tax numbers and be assessed as individually owned units but the overall taxable value should not change.

MOTION: A motion was made by Council Member Shakespeare to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADJOURN:
MOTION: A motion to adjourn to an executive session to discuss a land purchase and litigation was made by Council Member Bunker.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Council Member Pike.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



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Gay Cragun, City Recorder