City Council Minutes

Thursday, September 3,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 3, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Suzanne Allen
Councilmember Gil Almquist
Councilmember Gloria Shakespeare
Councilmember Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Councilmember Jon Pike

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. Mayor McArthur advised that Councilmember Allen was in Salt Lake City representing the City as Chair of the MPO and would be arriving late. The pledge of allegiance was led by Shawn Guzman and the invocation was offered by Pastor Jimi Kestin.

Joe Bowcutt of the Lions Club thanked the City for its support of the Dixie Round-Up. He then introduced members of the Lions Club.

Kyle Case, Director of the World Senior Games, thanked the City for its support and involvement. This the 23rd year of the Games and 26 different sports will be offered this year. There were 9,602 participants last year representing 58 countries. The economic impact to the City is about $51 million.

Mayor McArthur encouraged everyone to get their flu shot.

AWARD OF BID:
Consider award of bid for tires for the Fleet Department.

This item was tabled.

AGREEMENT:
Consider approval of a purchase agreement with Quality Development for the airport pump station.

Purchasing Manager Connie Hood advised the amount of the agreement is $10,000.

City Manager Gary Esplin explained this agreement is for the purchase of property on which to locate the pump station.

MOTION: A motion was made by Councilmember Bunker to approve the 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 Shakespeare - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a sole source contract with E&M Services for parts, materials, training and consultation for the Scada system.

Purchasing Manager Connie Hood explained the amount of the contract is not to exceed $130,000.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreement.
SECOND The motion was seconded by Councilmember Bunker.
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September 3, 2009
Page Two

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

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing with regard to the pledging of excise tax revenue pursuant to an interlocal agreement with Washington County.

City Manager Gary Esplin explained that Washington County has pledged some of their restaurant TRCC tax toward the airport and the City will issue bonds. In order to issue the bonds a public hearing is necessary. No action is required at this time.

Mayor McArthur opened the public hearing.

Ed Baca inquired if any of the money can be used for construction of FBOs at the airport.

Mayor McArthur replied all the money will be used for infrastructure at the airport.

City Manger stated these funds are part of the total budget needed for the airport.

There being no further public comment, Mayor McArthur closed the public hearing. He commented that the replacement airport will serve the region.

ORDINANCE:
Consider approval of an ordinance abandoning a portion of Rustic Drive.

City Manager Gary Esplin explained that this abandonment was previously approved as part of the final plat, but the County requires that it be done by ordinance.

Councilmember Allen arrived.

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

Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - abstained

The motion carried.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming September 17-23 as Constitution Week and then presented it to Carrie Ann Christiansen of the local chapter of the National Society of the Daughters of the American Revolution.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 25, 2009, recommended that a public hearing be scheduled for September 17, 2009 at 5:00 p.m. to consider an amendment to Title 10, Chapter 10, Section 2, St. George City Code, to add an indoor archery range as a conditional use in the C-2 and C-3 zones.

MOTION: A motion was made by Councilmember Bunker to schedule the public hearing as recommended.
SECOND: The motion was seconded by Councilmember Allen.
VOTE: Mayor McArthur called for a vote as follows:

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September 3, 2009
Page Three

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen advised the Planning Commission recommended approval of the final plats for Silkwood Phase 3 located at 2700 East and 3330 South and Park Central Townhomes Phase 2 located at 559 East 300 South.

MOTION: A motion was made by Councilmember Allen to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Allen - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

PARKING REDUCTION:
Consider approval of a parking reduction for a new McDonald?s restaurant located at 800 E. St. George Blvd.

City Planner Ray Snyder displayed the proposed site plan and reviewed existing conditions. At present the use is deficient 18 parking spaces. The proposed new building no longer will have a basement and will require 49 parking spaces. The applicant is proposing to have 34 parking spaces, a deficiency of 15 parking spaces. He then read the Planning Commission determinations: (1) the provision of 34 parking spaces on site are deemed necessary and reasonable to effectively serve the restaurant without detrimental effects to the community due to parking; and (2) the proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure and that the negative impact of the nonconformity is not increased. He advised that the Planning Commission recommends approval.

Farley Eskelson from Dominion Engineering advised that the basement of the building will be eliminated as well as the drive-through ramp.

Mayor McArthur inquired about the signage.

Mr. Eskelson advised the applicant will work with the City on sign requirements.

Councilmember Allen encouraged the applicant to update their signage.

Mr. Eskelson advised that the new interior will be completely different and will have internet service.

City Attorney Shawn Guzman advised the color board is being passed around so that the City Council can make sure the new facility will fit in the community.

Mr. Eskelson advised there are 136 seats in the existing store and there will be 106 seats in the new store. There will be two drive-ups to speed service. 70% of their business is through the drive-up.

Councilmember Bunker expressed concern that the parking space deficiency might be a problem if college students use the store for the internet connection.

City Manager Gary Esplin explained the number of parking stalls is not being reduced; the applicant is narrowing the gap of deficiency.

Councilmember Almquist inquired about the landscaping.

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September 3, 2009
Page Four

Mr. Eskelson replied that most of the mature trees will be kept. There will be more square footage of landscaping with the new store than currently exists.

Councilmember Almquist inquired about the time frame from start the finish.

Mr. Eskelson replied the time frame is 120 days.

Mayor McArthur expressed concern with the proposed color of the white stone for the building facade and suggested it be changed to a darker color.

Councilmember Almquist inquired if the pole sign could be changed to a monument sign.

Mr. Eskelson replied that they will consider all options. They will submit the sign design with the final plans.

City Attorney Shawn Guzman commented that the color change should also be included, as well as bringing the sign into compliance with the Sign Ordinance.

MOTION: A motion was made by Councilmember Almquist to approve the reduced parking, taking into consideration the sign will be brought into compliance with the ordinance and the color of the cap stone will be darkened, and including the findings with regard to the reduced parking requirements as stated by the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT:
City Planner Ray Snyder advised the City has received a request for a hillside development permit for the Bloomington irrigation pond and trail. He displayed the vicinity map, slope map, aerial view, and photos of the site. SITLA is the property owner. The applicant is the Bloomington Irrigation Company. The pond will be a concrete-lined 1,000,000 gallon storage pond. Cuts from 0 to 30 feet will have to be made for the pond itself. The Hillside Review Board recommends approval. The Planning Commission recommended approval subject to 12 conditions:

1. The site plan is recommended for approval as presented.
2. All hillside cuts shall comply with the hillside ordinance. The cut above finished grade shall not exceed 15' when measured vertically from the finished grade to the intersection of the slope with the natural undisturbed ground.
3. The combined height of cuts shall not exceed 30'. The Hillside Review Board recommends using limestone rock to fill slopes to protect against erosion.
4. Follow the recommendations of the drainage report.
5. Install drainage between the City trail and northwest side of the pond.
6. Follow the recommendations of the geotechnical report.
7. The slope can be 1/2:1.
8. Install temporary orange fencing to control limits of disturbance.
9. The 50' right-of-way south of the pond site shall be used for construction traffic and material storage, but no disturbance shall occur in the hillside next to the pond for construction storage or vehicle parking.
10. Project material storage will also be considered down on the already disturbed pad area.
11. The access shall also serve as a City trail.
12. The security fencing shall be environmentally friendly; either a tan or green colored chain link fence shall be installed. No galvanized fencing.

Jeff Morby, applicant, advised they have been working on this project for six years. The water will be used to irrigate parks, schools and two golf courses. It will also serve as


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September 3, 2009
Page Five

a water source for the Milepost 2 area. It can also be used to store gray water, if needed.

Councilmember Almquist expressed concern that based on demand, the pond was not large enough.

Mr. Morby replied that the biggest problem is pipe capacity. He advised that the pond will serve current usage and provide some service to Milepost 2. Other facilities will be needed upstream.

Councilmember Bunker inquired if the pond was visible from the freeway.

Councilmember Almquist replied that it was tucked away and not visible from the freeway.

Mr. Morby replied that they will be happy to comply with all fencing requests.

City Manager Gary Esplin advised that the City is the largest shareholder in the Bloomington Irrigation Company. The City?s long term plan is to find a site to store off-peak water. A big pond is needed somewhere else.

MOTION: A motion was made by Councilmember Almquist to approve the hillside development permit subject to the recommendations of the Hillside Review Board and the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
Appointments to various boards and commissions of the City

Mayor McArthur recommended that Bob Douglas and Cathy Musso be appointed to the Dinosaur Discovery Site Advisory Board.

MOTION: A motion was made by Councilmember Almquist to appoint Bob Douglas and Cathy Musso to the Dinosaur Discovery Site Advisory Board.
SECOND: The motion was seconded by Councilmember Allen.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the August 13, 2009 City Council meeting.

MOTION: A motion was made by Councilmember Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Councilmember Allen.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

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September 3, 2009
Page Six

Consider approval of the minutes of the August 20, 2009 City Council meeting.

MOTION: A motion was made by Councilmember Shakespeare to approve the minutes as presented.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Councilmember Bunker to adjourn to an executive session to discuss litigation.
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 Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Allen.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Allen - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.



_______________________________
Gay Cragun, City Recorder