City Council Minutes

Thursday, August 20,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 20, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Gloria Shakespeare
Councilmember Suzanne Allen
Councilmember Gil Almquist
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. The pledge of allegiance was led by Scout Cade McKean and the invocation was offered by Mayor McArthur.

Mayor McArthur advised that anyone wishing to offer the invocation should contact the City Recorder.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

CHANGE ORDER:
Consider approval of a change order for the Replacement Airport finish grading contract with Quality Excavation.

City Manager Gary Esplin explained the contract is for the terminal and general aviation area. The site contains a layer of clay that was not included in the soils report and was not anticipated. It will be excavated and additional fill material brought in.

Public Works Director Larry Bulloch explained that the geotech engineer knew there were clay areas, but the expansiveness of the clay is the question. The site is located in the general aviation area. 52,000 cubic yards of material will be over-excavated.

MOTION: A motion was made by Councilmember Allen to approve the change order.
SECOND: The motion was seconded by Councilmember Bunker.

Councilmember Almquist commented that approval of the change order will extend the contract an additional five days.

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

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

The vote was unanimous and the motion carried.

CONTRACT:
Consider approval of a contract with Creamer and Noble for engineering services at the Replacement Airport.

Purchasing Manager Connie Hood advised the amount of the contract is $597,544.60 for additional construction management services.

City Manager Gary Esplin explained that construction management of the project is not done until all the bids are done. This construction management is for roads, joint utility trenches, etc. Another $499,271 has been added for a subcontract for ARSC who will perform required FAA studies for the navigational aids for the new airport. The cost will be covered in part by the grant from the FAA for the NAV aid project.

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August 20, 2009
Page Two

Public Works Director Larry Bulloch advised the total amount of the contract is $1,096,815.60.

Airport Manager Rick Crosman explained the project with ARSC ties in with the $3,000,000 grant from the FAA for NAV aids. $300,000 has been earmarked for acquisition of the VOR which the City will own. ARSC is an expert in installation and testing and their employees are retired FAA employees.

MOTION: A motion was made by Councilmember Bunker to approve the contract in the amount of $1,096,815.60.
SECOND: The motion was seconded by Councilmember Shakespeare.

Councilmember Almquist expressed concern with project managers who seem to escalate costs and request change orders. He inquired if this would be the final number for this project.

City Manager Gary Esplin replied it is the final number as far as staff can tell at this point in time. No further expenditures will be authorized without City Council approval.

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

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Replacement Airport access road.

Purchasing Manager Connie Hood explained the low bid was submitted by Quality Excavation in the amount of $2,745,557.15, which is the base bid plus Alternate Number One.

City Manager Gary Esplin explained that the base bid is to build the center part of the right-of-way and excavating the clay area. The City is in the process of finalizing an agreement with the adjacent property owner to grant rights-of-way to build the road. Staff?s recommendation is to award this bid subject to legal review and approval of the agreement.

Councilmember Almquist advised that he is a bidder on part of this project and recused himself from the discussion and vote.

City Manager Gary Esplin stated this portion of the road is from the roundabout to the Southern Parkway. After this project, the few other large projects left include airport lighting, asphalt and the ARFF building.

MOTION: A motion was made by Councilmember Bunker to award the bid as recommended subject to legal review and approval of the rights-of-way agreement.
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 - abstained

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of a storm water ordinance.


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August 20, 2009
Page Three

City Manager Gary Esplin explained this ordinance was previously discussed in a work meeting. As explained then, the Federal Clean Water Act requires communities with discharge permits to conform with federal guidelines which the State then enforces. This is an unfunded mandate.

Jeremy Spangler advised the biggest difference will be the ordinance gives the City authority to do compliance enforcement if needed.

City Manager Gary Esplin commented it will not be a huge change for those who have conformed, but if the City does not do something about those not conforming, the City would be fined. The ordinance gives the City teeth to protect its interests and enforce compliance.

Councilmember Shakespeare commented the ordinance requires an annual inspection form to be filled out and retained for three years. She inquired what happened to the forms after three years.

Jeremy Spangler replied the forms are disposed of after three years. The City must make sure everyone is keeping contaminants out of storm drains and must keep a record that the facilities are being maintained.

Councilmember Almquist commented the ordinance makes provision for a drainage study if required by the City, but the City is already asking for that. He inquired if that study would be sufficient.

Mr. Spangler replied that it would not be sufficient; a SWMP is still required.

Councilmember Almquist inquired about water management fees and commented that the City already charges these fees.

Public Works Director Larry Bulloch replied there would not be any additional fees.

Mayor McArthur commented that any appeals would be decided by the City?s administrative law judge.

Councilmember Almquist inquired if property which retained its own drainage would come under the ordinance as well.

Mr. Spangler replied that it would if the property were greater than one acre.

City Manager Gary Esplin commented there would be a reduction in impact fees if the water is retained on the site.

Councilmember Allen inquired about a timetable for implementation.

Mr. Spangler replied the City is in an 18 month extension now and will be audited in the fall.

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 Allen - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution of the City of St. George, Utah (the ?Issuer?) authorizing the issuance and sale of not more than $6,000,000 aggregate principal amount of Water Revenue Bonds, Series 2009, of the Issuer, fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may

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August 20, 2009
Page Four

be sold; providing for the publication of a notice of public hearing and bonds to be issued; providing for the running of a contest period; and related matters.

City Manager Gary Esplin explained this resolution is the result of another mandate with regard to safe drinking water standards and arsenic. In order to utilize Gunlock water, water needs to be mixed with water from Quail Creek. The City received a loan from the State Drinking Water Division for a bond up to $6,000,000. The resolution sets the maximum interest rate for this bonding.

Mayor McArthur commented this is a joint project with the Washington County Water Conservancy District and other agencies.

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

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

The vote was unanimous and the motion carried.

APPOINTMENT OF POLL WORKERS:
City Manager Gary Esplin advised that formal appointment of poll workers is needed to comply with state requirements.

MOTION: A motion was made by Councilmember Bunker to appoint poll workers as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an incentive agreement with Berry Manufacturing for the expansion of their current facility.

City Manager Gary Esplin explained that the City has the ability through EDAs and CDAs to help new businesses as they locate in the Ft. Pierce Business Park. This business is a home-grown business located in the Millcreek Industrial Park which would like to expand and create new jobs.

Washington County Economic Development Director, Scott Hirschi, explained that Berry Manufacturing has been doing business in St. George for a long time on 3050 East manufacturing bullets, among other things. The bullet business is good and additional facilities and workers are needed to meet the demand. The incentive agreement is designed to help them achieve this addition. St. George City is more than willing to extend the same economic opportunities to local businesses that it offers to new businesses. The primary requirement is that the company be a value-added company which means that it adds value to a product or service and markets it outside of the area. The purpose behind this is that these companies bring new dollars into the community. Value-added means that the business has a higher skill requirement for its employees and almost always means higher pay. A City requirement is the business must pay at least 135% of the prevailing county wage in order to receive an incentive. Berry Manufacturing easily meets this criteria. They also offer a great benefit package. Berry Manufacturing indicates they will be able to more than triple their output through this expansion. They will hire around 20 more employees, with the potential to be much greater.

Councilmember Allen commented their annual payroll is more than a million dollars, so this will be doubled or tripled.
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August 20, 2009
Page Five

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

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Cathy Hasfurther reported the Planning Commission, at its meeting held August 11, 2009, recommended approval of the final plats for Las Colinas 1 and 2.

MOTION: A motion was made by Councilmember Allen to approve the final plats.
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.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider a request to modify the list of approved uses for the Sunbrook Ranch PD commercial center located at 415 South Dixie Drive by adding ?dances for the general public? to the list of allowed uses.

Community Development Director Bob Nicholson explained a year ago the zone was changed for this property from Manufacturing to PD Commercial. At that time a number of uses were approved. Future phases include an assisted living center. The existing building is being used for indoor soccer, retail shops, fitness and wellness, and other uses. The applicant has a business license to operate a fitness business and would like to expand to include dances. When the request originally came to the Planning Commission, dances were planned every night. The request for dances has been scaled back to Friday and Saturday nights. The Planning Commission considered this request at three meetings and took a field trip to the site to check on noise levels. The City has a dance hall ordinance which sets criteria and one of the criteria is that noise cannot be heard 100' beyond the building. The Planning Commission determined the sound was not audible outside of the building.

Councilmember Shakespeare advised she could hear the music outside of the building and in fact could feel it vibrating.

Mr. Nicholson advised that property owners within 500 feet of the site were notified. He then read the Planning Commission recommendations. The Planning Commission recommended approval on a seven to zero vote.

Mayor McArthur inquired how they arrived at a 500 person limit.

Mr. Nicholson replied he missed that meeting and did not know.

Councilmember Shakespeare replied she did not know either.

Mr. Nicholson commented the size of the building and parking could accommodate more than 500 people. The property owner advised that he has been slowing working with HUD on the assisted living center, but it is still part of the plan.

Andrea Riggs, applicant, advised the target market is the young and old and everyone in-between. They conceded to a closing time for dances of 11:30 p.m. Hours of operation will be between 9:30 and 11:30 p.m. on weekends. They will abide by all security deemed


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August 20, 2009
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necessary. She advised they spoke with most of the neighbors and want to work with the neighbors. The building cannot sit vacant and there will be something there.

Mayor McArthur expressed concern with problems that could occur in the parking lot.

Ms. Riggs replied that security would be based outside.

Mayor McArthur advised there could be the possibility of a City police presence in the evening but the officers would have to be compensated as this would be outside of their normal City duties.

Charles Riggs, applicant, advised there will be zero tolerance for loitering and they will be happy to pay to have two police officers there.

Mayor McArthur advised the use of the building has been changed but the people who live around the building are mostly elderly and expect quiet.

Mr. Riggs commented their goal is to be there long term and they will do everything within their power to make sure the events go smoothly.

Mayor McArthur commented the City has had problems with other dance clubs and private clubs.

Ms. Riggs replied there would be no alcohol.

Police Lt. Rich Farnsworth advised he spoke with the applicant two months ago. The police department has had issues with these kinds of events and the problem is always management. He advised it is quite expensive to hire off-duty police officers at $40 per hour.

City Manager Gary Esplin advised the police officers would have to be off-duty as they have schedules where they are supposed to be. They would have to be paid outside of their shifts. Security is separate from shift work.

Lt. Farnsworth advised the applicant has been receptive and will manage the inside of the building well, but the noise from the parking lot at midnight could disturb the neighbors.

Councilmember Allen inquired about the presence of the gang task force.

Lt. Farnsworth replied if there were any indication of a problem, the gang task force would be there.

City Attorney Shawn Guzman advised that any violations could be handled by Code Enforcement, or be charged criminally as misdemeanors. The only other remedy would be to revoke the business license for six months, but he was not aware of any time that has been done.

Mayor McArthur opened the public hearing.

Charles Reiman stated he was not against the dances but was concerned about 500 people and the resulting 150 cars. Cars will be flashing their lights at the homes to the east. He stated that 500 people was too many and the closing time should be limited to 11:30, not midnight or 1:00 a.m.

Chris Brownberger advised he was not against dances per se, but his concern is that the neighborhood is a quiet one and is peaceful and safe. He expressed concern that the people attending the dances could not be controlled. As recently as last Friday at 11:45 p.m. neighbors called the police over all sorts of people carousing in the parking lot and he has the video to prove it. He stated the bass from the music played in the building reverberates into his home and it affects his neighbors as well. He expressed concern about loitering, and last Friday there were between 17-18 cars in the parking lot at 11:30 p.m. and still eight to nine cars at 11:45 p.m. There were also kids running around behind his backyard with flashlights.

Lana Beck inquired if the applicant had permission to have a dance last Friday.


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August 20, 2009
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Ms. Riggs replied it was a sweet 16 party.

Ms. Beck inquired if the applicant had permission to have a dance last Friday until 10:30 p.m. or 11:00 p.m. She advised the music was so loud it shook her house. She advised there were kids behind her house with flashlights and kids spinning brodies in the parking lot and there was no supervision. She advised that she called the police as did several of her neighbors. She stated she did not want to give up the peace and quiet of her neighborhood every weekend.

Chari Moore advised she takes Zumba at the facility and the music is not loud. She asked the City Council to support the applicant?s request.

Mayor McArthur inquired if the City had the ability to approve a special event permit for one dance as a trial run.

City Attorney Shawn Guzman replied that it did but the City Council would have to have specific findings why it would allow that kind of activity in this PD zone so that it is not opened up for everyone in a PD Commercial zone.

Conrad Riley advised that 19 people in his neighborhood have signed a petition against the dances. He advised that elderly people live all along the fence by Mathis Park. He advised when he met with Ms. Riggs she was going to have classes to teach children to dance and he was in favor of this. Teenage dances is not the same thing.

Susan Corbett expressed concern with the traffic and if the kids are chased away from the parking lot, they will just go to Mathis Park which has no security. She stated she did not want her tax dollars wasted on issues like this. There are a lot of snowbirds in the area and a lot of empty homes. She stated that 500 kids could not be controlled and this kind of business will cause the value of nearby homes to depreciate.

Nancy Wilson advised that all homes that face the parking lot where their bedrooms are located will be disturbed as music coming from cars will not be contained. She advised when Ms. Riggs spoke with her she was told there were going to be afternoon classes and nothing was said about night time dances.

Kony Houser advised she takes Zumba classes at the facility and is excited about the dances. Youth dances will not be held every Friday and Saturday and the dances are not just for high school and college age youth. She advised the dances will provide something for the youth to do and she urged support of the request.

Virgil Beck advised he did not have a problem with the Zumba classes, but with the proposal for late night dances. He advised he called the police last Friday night because of the noise. He expressed concern with the noise and trash from this type of activity. There is no wall separating his home from the parking lot, just a chain link fence. He inquired if there was any type of requirement for a wall. He stated that controlling the music coming from cars in the parking lot is a problem and was a big issue last Friday night. He stated if there was that much trouble from 50-60 kids, he could not imagine the trouble caused by 500.

Ed Baca commented that during his experience as a police officer for a number of years, he worked with large sorority parties and private parties and the parties do not stay within the building. Two police officers would not be able to police the parking lot. He stated that trash and litter needed to be considered, as well as urinating in public. He stated he supported youth activities but one must have the means and tools to do so in a safe and proper manner.

Louis Chancellor stated that while he is not as impacted as some of the others are, he did not want to see the building become a ghost town again. He stated he wanted to see restrictions put in place to make it work. He stated that two blocks away there is a stake center that has dances and they don?t seem to be a problem.

Lisa Olson, Andrea Riggs? sister, advised that they are Marv Blosch?s daughters, the owner of the building. While she can sympathize with the neighbors, the dances that most people are worried about will be a small percentage of the dances. She agreed to put in place whatever is needed to ensure that the dances happen and so that everyone will be happy.


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Mayor McArthur inquired if the dances would still be held once the senior center is located there.

Ms. Olson replied that Ms. Riggs would have to answer that.

Kony Houser advised that 500 people were permitted because the parking will handle that many.

Chris Brown disagreed with Ms. Houser. He advised he and his neighbors were given a handout which specifically said they would not have 500 people every Friday night but would occasionally have events with 500-600 people.

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

Andrea Riggs, applicant, stated the event last Friday night was a birthday party. The police did come at 11:30 p.m. She advised she let friends use the facility. Fridays and Saturdays are not set aside simply for high school kids, and any event held later than 11:30 p.m. will be by special event permit. She stated that if someone chooses to live by the train tracks, they can expect to hear trains, and if someone chooses to live by a warehouse, they will hear something. She stated she takes accountability for her choices. A block wall or vinyl fence will be built. If kids leave the dance, they will have to pay to re-enter. She stated she chose to concentrate on great kids who will abide by the rules and there is a much bigger picture and market than high school kids.

City Manager Gary Esplin commented that he lives in the Green Valley area and the problem is trying to get a balance. State law does not allow the issuance of a conditional use permit. He advised he met with Mr. Blosch and his plan for the facility is a great plan and fits the neighborhood. However, his concern is trying to add so many uses to make it profitable while the economy changes. He stated he did not know if the proposal for dances was fair to the neighbors, as the neighbors have already compromised from the original tenant. Now soccer games have been added, indoor storage, and other uses which do not cause problems and the neighbors are willing to accept those uses. No one will be able to control what happens in a parking lot with 300-500 kids. There have been no complaints with the uses being made of the facility now but it appears uses are proposed which are a concern to the neighborhood. There has to be a compromise on both sides. He stated the number of people allowed makes him nervous from an enforcement standpoint, and he is not sure the dances will even be profitable for the applicants after paying to have three to four police officers there at $50 an hour. He stated the City has been liberal in allowing the PD as approved with a variety of uses, and while there needs to be a place for the youth to go, he was not sure the neighborhood should be asked to bear any more.

Councilmember Shakespeare commented that while the applicant?s enthusiasm is commendable, and the building is a fantastic place to hold dances, the location is wrong. The request would infringe on the neighbors? quality of life. The City closes its City parks at 10:00 p.m. to protect the integrity of the neighborhoods, and she has heard the Mayor on more than one occasion state that this law was put into place to protect the neighborhoods. The City Council must look at what is best for the those who live in the neighborhood.

Councilmember Bunker commented that while she thinks what the applicants are doing is marvelous, the City Council is being asked to go further and further, and she hated this encroachment on something that was already approved. She stated she thought the activities at the facility during the day were great and should continue, but instead of using the facility at night for dances, the applicant should consider using the third floor of the Arts Center or some other facility in town instead of encroaching on the neighborhood in the evening hours.

Councilmember Almquist stated he was torn but was for some way of having a trial period. He stated that perhaps 11:30 was too late, but he was for giving the applicants a chance.

Councilmember Allen commented that stake dances held in neighborhoods work and she did not see the difference. However, some of the comments made make her feel there could be a real problem with kids turning on their stereos in the parking lot.




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Charles Riggs, applicant, advised that way too much emphasis is being put on high school dances. Their intention is to target adults 18-30 years of age. They are not marketing the dances to high school kids.

Councilmember Shakespeare commented that one dance will not tell the whole story and the City would not be able to get a true picture. She stated she was concerned that the Planning Commission had to place so many conditions on it just to make it work. She also expressed concern over the precedence this would set.

MOTION: A motion was made by Councilmember Bunker to deny the request.
SECOND: The motion was seconded by Councilmember Shakespeare.

Councilmember Almquist inquired if there was an option to table the request and let the applicant?s apply for a one time special event permit.

Councilmember Bunker replied that one time will not make a difference.

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

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - no
Councilmember Almquist - no
Mayor McArthur - aye

The motion carried and the request was denied.

APPROVAL OF MINUTES:
Consider approval of the minutes of the July 29, 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 Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the August 6, 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 Allen - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Councilmember Almquist.
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


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August 20, 2009
Page Ten

The vote was unanimous and the motion carried.




__________________________________
Gay Cragun, City Recorder