City Council Minutes

Thursday, December 17,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 17, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Councilmember Allen and the invocation was offered by Pastor Jimi Kestin. Pastor Kestin invited the Mayor and Council to attend the 5th annual Prayer Over the City on New Years Day in the Town Square.

Mayor McArthur announced that the Washington County Economic Summit is being held January 13 at the Dixie Center. He announced that Blue Bunny was awarded Plant of the Year by Dairy Foods magazine. He announced that Heritage Days will be celebrated January 16. He invited several Scouts and students in the audience to introduce themselves. Mayor McArthur then presented the 2009 Holiday Awards and 2009 Beautification Awards.

TABLE ITEM:
City Manager Gary Esplin announced that Item 3A and 4B to consider a request to vacate the Cornerstone Subdivision plat is tabled from the agenda as staff has some unresolved concerns with the request.

AGREEMENT:
Consider approval of an agreement with Horrocks Engineers to design the Main Street storm drain Phase II.

Purchasing Manager Connie Hood recommended approval of an agreement with Horrocks Engineers in the amount of $116,932.

City Manager Gary Esplin explained the City Council recently approved an agreement to design Phase I of the Main Street storm drain from the Skate Park to the River. This agreement for Phase II is from the Skate Park to Main Street.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreement as recommended.
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 Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider a request for an off-premise beer license for the Sunset gas station located at 929 West Sunset Blvd. Mohan Patel, applicant.

City Manager Gary Esplin explained that staff has reviewed the application and it meets all requirements.

MOTION: A motion was made by Councilmember Pike to approve the beer license.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:
St. George City Council Minutes
December 17, 2009
Page Two

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

The vote was unanimous and the motion carried.

ALCOHOL LICENSE LOCATION CHANGE AND LOCAL CONSENT:
Consider a request to change the alcohol license for Ernestos Mexican Restaurant to a new location and local consent to change the location with the State of Utah Department of Alcohol. Silvia Navarrete, applicant.

City Manager Gary Esplin explained the applicant previously was located in the Phoenix Plaza, then moved to the Boulevard, but now is moving back to the Phoenix Plaza.

MOTION: A motion was made by Councilmember Allen to approve the change of location for the alcohol license and local consent.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPEAL OF ALCOHOL LICENSE DENIAL:
Consider an appeal of an alcohol license denial. Johnny DeVivo, Jr., applicant.

City Manager Gary Esplin explained the applicants request for an alcohol license was previously denied because of alcohol violations. He would like to appeal that decision.

Johnny DeVivo, Jr., applicant, advised he is taking over the restaurant from his father. The restaurant has been open for 13 years and there have been no violations at the restaurant. He explained he has been managing the restaurant for ten years and is a hard worker.

Mayor McArthur advised the restaurant is Scaldonis located on 100 South. He explained at this time there is no reason to refuse the Citys local consent for a liquor license, however, if at some time in the future Mr. DeVivo is convicted of an alcohol violation, the local consent could be revoked.

City Manager Gary Esplin clarified that the application meets state requirements, however, the Citys requirements are more restrictive with regard to how far back the criminal history is checked.

MOTION: A motion was made by Councilmember Almquist to approve the local consent for a liquor license.
SECOND: The motion was seconded by Councilmember Allen.

Councilmember Bunker expressed concern that the City could be liable if an alcohol violation at the applicants restaurant led to an accident.

City Manager Gary Esplin advised there is no liability on the City. The license is issued by the State of Utah. The City simply issues local consent. Any liability would be on the person who sold the alcohol, not the City.

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

Councilmember Almquist - aye
Councilmember Allen - aye
St. George City Council Minutes
December 17, 2009
Page Three


Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - no

The motion carried.

FRANCHISE AGREEMENT:
Consider approval of a limited franchise agreement with Verizon Wireless.

City Manager Gary Esplin explained that Verizon would like to locate a pole for wireless programming at the existing airport, however, all the City can do is grant them an easement until the new owner takes possession of the property. The agreement expires February 1, 2011. The pole will be located next to the Rococo restaurant.

Connie Miskit, representing Verizon, explained the pole will be located on the side of the Rococo motel and will not be very visible.

MOTION: A motion was made by Councilmember Bunker to approve the franchise 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
Councilmember Pike - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held December 8. 2009, recommended that public hearings be scheduled for January 7, 2010 at 5:00 p.m. to consider (1) an amendment to Title 10, Chapter 7, Article B, Section 2, St. George City Code, to permit the keeping of chickens and rabbits as an accessory use on lots of 10,000 square feet or larger in single family residential zones; and (2) an amendment to Title 10, Chapter 5, Section 6, St. George City Code, to modify setbacks for accessory buildings in all agricultural zones.

MOTION: A motion was made by Councilmember Bunker to schedule the public hearings as recommended by the Planning Commission.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson explained the Planning Commission recommends approval of the final plat for Airport Parkway and Desert Canyons Parkway Road - Amended. This portion of roadway extends from the Southern Parkway to the new terminal building. A portion of this area is still located in Washington County and a signature line has been added for the County.

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


St. George City Council Minutes
December 17, 2009
Page Four

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

The vote was unanimous and the motion carried.

BUILDING DESIGN AND CONCEPTUAL SITE PLAN:
City Planner Ray Snyder explained the Planning Commission recommends approval of the building design and conceptual site plan for Fire Station No. 8 in the Sun River area. The new station will have four bays and is similar in design to the fire station on Dixie Drive. The station will be 11,000 sq. ft. and will also house a police substation. He presented photos of the area, a site plan, landscape plan, flood plan, elevations and material samples.

City Manager Gary Esplin explained the City has made application for stimulus funding for construction of this fire station. Impact fees will be used for the construction if stimulus funds are not available. Bids will be opened after the first of the year and awarded in February. Impact fees can only be used for construction of buildings, not equipment. This new station is similar to Station No. 7 except the dispatch center will not be as large.

Fire Chief Robert Stoker explained the department has three reserve engines, and one will be taken from Station No. 4 and moved to the new station in Sun River if a new one is not purchased before then.

Councilmember Shakespeare commented it was important for the public to know that all fire stations double as emergency centers.

Chief Stoker advised that all fire stations become emergency command centers in the event of a disaster.

MOTION: A motion was made by Councilmember Almquist to approve the building design and conceptual site plan as presented.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman advised that the City of St. George was instrumental in the passage of recent legislation which allows some impact fees to be used for equipment.

LOT SPLIT:
City Planner Ray Snyder explained the Planning Commission recommends approval of a lot split at 1100 East Riverside Drive. The existing lot is 3.962 acres and the resulting proposed lots will be .80 acre and 3.16 acres. The property is zoned PD Commercial. SIMLEW, LC and Southern Utah Surgical Center are the applicants. The Planning Commission recommends approval subject to the standard conditions: provide and record separate deeds for each created parcel, provide the City with legal descriptions for each parcel, a utilities and drainage easement shall be provided and recorded, all legal documents shall be submitted to the Legal Department for review, and all access issues shall be resolved with the Citys Traffic Engineer.

MOTION: A motion was made by Councilmember Shakespeare to approve the lot split subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

St. George City Council Minutes
December 17, 2009
Page Five

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATE SUBDIVISION PLAT/ORDINANCE:
Public hearing to consider a request to vacate the Cornerstone Subdivision plat located at 2800 South and 3000 East along with a portion of four public roadways (Seegmiller Drive, 3040 East, 3090 East and a future 66' road) along with all public utility easements.

City Attorney Shawn Guzman advised that Cathy Hasfurther and Jay Sandberg have concerns about a power easement that needs to be retained on the property as well as a roadway easement on 3000 East Street.

City Manager Gary Esplin explained that the subdivision has been approved with 27 lots and all easements, as well as a 20' right-of-way for the future widening of 3000 East and a power easement for Dixie REA. The City does not want to vacate these easements as it may have to purchase them at some time in the future if vacated now.

Mayor McArthur opened the public hearing.

Ron Lemmon, representing Zions Bank, advised that he was not aware of the problem until one hour ago. He stated he also represented Mr. Larsen who wants to proceed with the vacation of the subdivision plat. Zions position is that they must clear off their books within five days; they negotiated the low price on the basis that it would record within five days.

Mayor McArthur commented that the City must protect its interests. If the easements are abandoned, the City may not be able to get them back.

Mr. Lemmon advised his client is not ready to make that decision and would like to do so after vacation of the plat.

City Manager Gary Esplin suggested the public hearing be continued until the Citys concerns and needs have been addressed.

Mr. Lemmon replied that a decision cannot be made without consulting the buyer.

City Attorney Shawn Guzman disagreed, commenting that Zions Bank is the applicant, not the buyer. Zions is in possession of the property.

Mr. Lemmon commented this is true, but Zions has an agreement with Mr. Larsen.

City Attorney Shawn Guzman replied that a third party agreement does not matter to the City. Zions is the property owner at the current time and must agree to transferring a 20' strip of property to the City for the widening of 3000 East in addition to an easement for a power line.

MOTION: A motion was made by Councilmember Pike to continue the matter until the end of the agenda when a representative of Zions Bank can be present.
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 Allen - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

St. George City Council Minutes
December 17, 2009
Page Six

PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amending the Fiscal Year 2009-2010 budget for the City of St. George.

City Manager Gary Esplin reviewed the suggested changes to the budget.

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

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

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 10, Chapter 25, St. George City Code, to require that at least 30% of the front yard area be landscaped for dwellings in single family residential zones.

Community Development Director Bob Nicholson explained a public hearing was held on November 19 and at that time the City Council asked for clarification of three issues. In addition, there is one new wrinkle and staff requests direction from the Council. The residential estate zone has been added and clarification has been made that the ordinance will apply to remodeling when the footprint of the home increases. The ordinance is not retroactive. The ordinance shall take effect within one year of occupancy or issuance of a C.O. Occupancy begins when permanent power or water are connected. Use of native and low water plants are encouraged to promote water conservation. The Community Development Director may approve less landscape coverage where the shape of the lot poses a hardship and his decision may be appealed to the City Council. He then reviewed four options with regard to tree canopies.

Councilmember Almquist suggested that one tree be required but that it not be counted toward the 15% live vegetation requirement.

Councilmember Pike commented he had a problem with the entire ordinance and how it would be enforced.

City Attorney Shawn Guzman agreed that enforcement would be difficult as it calls for measuring and percentages.

Mayor McArthur commented there are landscaping requirements in every other zone.

City Attorney Shawn Guzman commented it would be easy to enforce the requirement for one tree, but the percentages of other plants will be difficult to enforce.

Councilmember Shakespeare commented that one of the first things to indicate a neighborhood is in decline is the way the front yards look. This is not just an aesthetics issue but a safety issue as crime increases in deteriorating neighborhoods. She commented the ordinance will provide protection to new neighborhoods but there was no protection for old neighborhoods which need the most protection .

Community Development Director Bob Nicholson commented that the ordinance does not require existing homes to install landscaping, but it does prevent them from removing existing landscaping.




St. George City Council Minutes
December 17, 2009
Page Seven

Councilmember Almquist commented that the proposed ordinance is less restrictive than that in other cities. The City is simply trying to protect the overall appearance of neighborhoods. This ordinance is an attempt to do something that 30-40 years down the road will be of value to neighborhoods indefinitely.

Councilmember Bunker commented she felt the ordinance did not protect the rights of the people, however, it will show visitors and the community that we care about protecting the environment, nature and the entire City.

City Manager Gary Esplin commented the City is not taking away rights. All cities have zoning laws, parking laws, etc. in order to provide orderly development. The proposed ordinance is a compromise and not too onerous. Staff will figure out a way to enforce it.

Councilmember Almquist commented the City is not telling people what to do with their entire property, but just a portion of the front yard which affects neighbors and property values.

Community Development Director Bob Nicholson suggested that the requirement for a tree canopy counting toward the 15% live vegetation calculation be deleted.

City Attorney Shawn Guzman agreed this would be easier to enforce.

MOTION: A motion was made by Councilmember Bunker to approve the ordinance as submitted with deletion of the requirement that a tree canopy count toward the 15% live vegetation requirement.
SECOND: The motion was seconded by Councilmember Shakespeare.

City Attorney Shawn Guzman clarified that one tree will still be required, but its canopy will not count toward the 15% live vegetation requirement.

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

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Pike - no

The motion carried.

CONTINUE PUBLIC HEARING ON CORNERSTONE SUBDIVISION PLAT ABANDONMENT:
City Manager Gary Esplin recommended that the public hearing for this item be continued until the City Council meeting to be held December 28. He advised at that time staff will make a recommendation with regard to the easements needed.

Zach Neilson, representing Zions Bank, advised that the issue with regard to easements needed was news to him and the buyer. He advised he is willing to continue the matter until the December 28 meeting.

MOTION: A motion was made by Councilmember Pike to continue the public hearing until the December 28 City Council meeting.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.



St. George City Council Minutes
December 17, 2009
Page Eight


UCAN GRANT:
Consider approval of a grant award to be used to fund the Utah Communication Area Network (UCAN).

City Manager Gary Esplin recommended authorization to accept the grant subject to legal review. He explained this grant will be used for a match to purchase radios from Motorola, as explained in the last work meeting.

MOTION: A motion was made by Councilmember Almquist to authorize acceptance of the grant.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

LAND PURCHASE:
Consider approval of a land purchase from Qwest for the Valley View bridge.

City Manager Gary Esplin explained the City would like to purchase property in front of a Qwest communication building for roadway expansion. The purchase price is $2,750.

MOTION: A motion was made by Councilmember Almquist to approve the land purchase.
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
Councilmember Pike - aye

The vote was unanimous and the motion carried.

TRANSPORTATION ENHANCEMENT FUND APPLICATION:
Consider approval of the Transportation Enhancement Fund application.

City Manager Gary Esplin explained that authorization is needed to apply for an enhancement grant for landscaping and trails around the new interchange.

Laura Taylor explained in October the City submitted a concept project letter to UDOT for the project. The grant requires a 20% match. The grant funds will be available in the fall of 2011. The City must approve the application with the intent to fund the match and provide long term maintenance of the project. She showed slides of the proposed project.

City Manager Gary Esplin then explained the configuration of the new golf holes at the Southgate Golf Course. He recommended that the City commit at least $125,000 for the project.

MOTION: A motion was made by Councilmember Almquist to approve the application and commit $125,000 for the match.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

St. George City Council Minutes
December 17, 2009
Page Nine

Councilmember Allen - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

CITY MANAGER CONTRACT:
Consider renewal of the City Manager contract.

Mayor McArthur advised that the Citys Managers current contract has expired. He recommended that no changes be made to the contract but that it be renewed as it stands. He advised that the City Manager is currently being paid $1,100 under the average in the State of Utah.

MOTION: A motion was made by Councilmember Allen to renew the City Managers contract for another four years.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Mayor McArthur then presented the City Manager with a framed proclamation and pictures in recognition of his award at the Utah League of Cities and Towns conference in September.

City Manager Gary Esplin expressed his appreciation to Councilmember Suzanne Allen for her years of dedicated service to the community.

Mayor McArthur announced that an open house for Councilmember Allen will be held
on December 22 at the City Office.

APPOINTMENTS:
Mayor McArthur recommended that Barbara Watson be reappointed to the Art Museum Board.

MOTION: A motion was made by Councilmember Bunker to reappoint Barbara Watson to the Art Museum Board.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order for Quality Excavation for the Replacement Airport paving and lighting project.

City Manager Gary Esplin explained the change order is in the amount of $2,909,650 and will allow the City to pave all FBO areas. 90% of the funding is federal money and has to be spent or it will be lost to the City.

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

St. George City Council Minutes
December 17, 2009
Page Ten

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

The vote was unanimous and the motion carried.

AGREEMENT AMENDMENT:
Consider approval of an amendment to the agreement with PBS&J to provide design and construction management services for additional Replacement Airport projects.

City Manager Gary Esplin explained the amendment is in the amount of $417,106.94.

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

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the November 17, 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 Pike - aye
Councilmember Allen - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the December 3, 2009 City Council meeting.

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

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

The vote was unanimous and the motion carried.

Councilmember Bunker announced that the Sons of Utah Pioneers have formally accepted responsibility for checking each of the Citys 21 statues monthly and reporting their status to the Chair of the Public Art Committee.



St. George City Council Minutes
December 17, 2009
Page Eleven

ADJOURN:
MOTION: A motion to adjourn was made by Councilmember Pike.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.



_________________________________
Gay Cragun, City Recorder