City Council Minutes

Thursday, February 4,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 4, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Ben Nickle
Councilmember Gloria Shakespeare
Councilmember Gil Almquist
Councilmember Jon Pike
Councilmember Gail Bunker
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. He then led the pledge of allegiance. The invocation was offered by Alex Wilkie.

Mayor McArthur announced that the Sweetheart Swing will be held February 13 from 7:00 p.m. to 11:00 p.m. at the Arts Building, 3rd floor. Tomorrow at noon a ceremony will be held to recognize a donation to the City of the Night Herdin bronze by Greg and Arlynn Kemp. The ceremony will be held in front of the old post office building on Tabernacle. Mayor McArthur encouraged everyone to participate in the upcoming census. He then invited several Scouts in the audience to introduce themselves.

A framed Docutah poster signed by artist Jeff Hamm was presented to the Mayor and Council by Christina Shultz and Phil Tuckett from Dixie College in recognition of the upcoming International Documentary Film Festival to be held locally September 16-25.

Community Development Director Bob Nicholson introduced landscape architect Susan Crook, who received a grant to study historic granaries. She presented a power point presentation with the results of her study.

Mayor McArthur read a proclamation proclaiming February 5-6 as Salt Lake ReAl Soccer Days in the City.

AWARD OF BID:
Consider award of bid for photovoltaic panels for the SunSmart Phase 2 project.

Purchasing Manager Connie Hood advised that three suppliers responded to the bid. She recommended award of the bid to the low bidder, AEE Solar, for Alternate Two in the amount of $316,050. These panels will expand the SunSmart solar project from 100 kW to 250 kW.

Conservation Coordinator Ren Fleming advised that the City received a grant for $701,000 for this expansion project, some of which will be used to help customers reduce their demand through energy efficiency.

MOTION A motion was made by Councilmember Bunker to award the bid 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 Pike - aye
Councilmember Nickel - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order for RS&H for additional services at the Replacement Airport.

Purchasing Manager Connie Hood advised the amount of the change order is $306,711.77.
St. George City Council Minutes
February 4, 2010
Page Two

City Manager Gary Esplin explained that the City has been in negotiations for a long time with RS&H and Jacobs with regard to construction management. When the terminal building bid was let, there were six or seven alternates, but the original contract did not specify that work. This change order includes work for additions to the terminal building in the amount of $31,000 which was not included in the original bid, $162,000 for construction administration, and $113,000 for the new ARFF building. He advised that Jacobs scope of work was reduced as well.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider a request for an on-premise beer license and local consent for a restaurant liquor license for the Red Lobster restaurant located at 263 North Red Cliffs Drive. Colleen M. Hunter, applicant.

and

Consider a request for an on-premise beer license and local consent for a restaurant liquor license for the Olive Garden Italian Restaurant located at 1340 East 170 South. Colleen M. Hunter, applicant.

City Manager Gary Esplin explained there is an existing license at this location. This request is for a change in holder of the license.

MOTION: A motion was made by Councilmember Shakespeare to approve the beer license and local consent for a restaurant liquor license for both locations.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the annual Tour of St. George bike ride.

and

Consider approval of a special event permit for the Tour De Sol Pro Bike Race.

Ryan Bird, owner of Red Rock Bicycle, advised this will be the second year for the Tour of St. George and the Tour De Sol is a new event. The Tour De Sol is a timed race from pro to amateur. The Tour of St. George will begin at the Town Square and he requested that Main Street be closed between Tabernacle and 100 South as in past years. This is a 100 mile event. The Tour De Sol will begin by the Dixie Center and he requested permission to close down at least two lanes of that roadway as well. It is anticipated there will be 200 participants in the Tour De Sol and 700-800 in the Tour of St. George. He advised the event at Town Square will also consist of vendors, a climbing wall and an
area to wait for the riders to come in. Fast riders will finish in five hours with casual riders finishing in six to seven hours.
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February 4, 2010
Page Three

MOTION: A motion was made by Councilmember Bunker to approve special event permits for both events.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Jay Sandberg explained that the Foothill Commons Subdivision is a three lot commercial subdivision located off River Road by the River Road fire station at 2330 South. He displayed diagrams of the lots. The proposal is to build Beehive Homes on Lots 1 and 2, with a shared driveway. Only one driveway is allowed between the two streets. The applicant will also install a deceleration lane. The common driveway is the reason for the preliminary plat. The property is currently zoned C-2. The applicants plan on building in phases and there could possibly be three final plats. An assisted living center is an allowed use in the C-2 zone. The two facilities will have 16 beds each. Unique to this property is the access into the Foothills subdivision. If the proposed use of the property was a retail type commercial use, staff would have concerns with allowing the driveway and would require access from River Road, but because the proposed use is a Beehive Home, the traffic impact is fairly insignificant. The City has a new landscape ordinance which requires more extensive landscaping in the C-2 zone. There will be a 15' area of landscaping. The facilities will be one story. The required parking for Lot 1 is 6 stalls, but 9 are planned. There is a 6' wall with a 10' setback in areas abutting the residential zone.
The Planning Commission recommends approval, with most of the discussion at the Planning Commission meeting centering around the driveway access. The developer has voluntarily proposed a deed restriction that they will only use the driveway if they build a Beehive Home. If some other use comes in for the site, the preliminary plat will be invalidated and they will have to begin again at the Planning Commission level.

Councilmember Shakespeare commented that Beehive Homes are well taken care of, do not generate a lot of traffic and are good neighbors.

Community Development Director Bob Nicholson advised a letter from a neighbor has been submitted expressing concern about the traffic impact to the neighborhood and he would like to make comments in the meeting.

Mr. Jacobson, a resident of the Foothills, stated the proposed access will be an intrusion into the quiet neighborhood; it should be off River Road. He stated the applicant is trying to get more units and the bottom line is dollars. He stated he was against the proposal and feels it would devalue his property.

City Manager Gary Esplin inquired of Mr. Jacboson if he was aware that this property was zoned commercial when he purchased his home.

Mr. Jacboson replied he was aware, but the master plan for the property showed access off River Road.

Mr. Esplin commented there are many uses worse than a Beehive Home which could be made of the property.

Mr. Jacobson replied he did not mind the Beehive Home. His concern is in 10-15 years the property could be sold and neighbors would be left with a can of worms.

Mayor McArthur advised there will be a deed restriction on the property.

Councilmember Nickle inquired if other possible entrances had been explored.

Mayor McArthur replied the property is located on a turn and on a limited access road. The proposed use is considered residential.


St. George City Council Minutes
February 4, 2010
Page Four

Councilmember Pike commented that the residents of the Beehive Homes will not be driving and the use will generate very limited traffic.

Councilmember Almquist inquired if there could be an offset in landscaping if there was an access road between Lots 1 and 2 on the east side of the phase 2 building.

Jay Sandberg replied the ordinance reads that if the landscaping abuts parking, it has to remain, and the spirit of the ordinance is a driveway is like parking. However, the landscaping could probably be reconfigured. The configuration proposed keeps the area open instead of being walled off. The applicant has tucked the parking behind the building so it will not be as visible from the neighborhood. This also allows for more landscaping.
Residents will see 10' of landscaping, a wall, then a single story building.

Councilmember Almquist commented that while he understands what the neighbors are saying, he knows the impact will be low and if he lived across the street he would rather see a quiet, residentially maintained and professionally managed Beehive Home over a gas station or strip mall which could build to 35' in height and have lights and signs. The protection of the wall will be advantageous, and the trade-off is not having typical commercial uses but having a driveway. He advised he would accept this plan over the possibility of traffic and noise.

Jay Sandberg advised that staff would not have even considered allowing that access had it not been for an assisted living center which is a permitted use in a residential zone.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat based on the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 11, St. George City Code, to add Indoor Archery Range with limited Archery Retail Sales as a conditional use in the M-1 zone.

Community Development Director Bob Nicholson explained that Terry Beck, owner of TNT Archery, submitted a request to allow an indoor archery range with limited retail sales as a permitted use in the M-1 zone. An archery range is a low traffic generator and a quiet use and will not disturb neighbors. The Planning Commission recommends approval as a conditional use instead of a permitted use because the purpose of the industrial zone is for manufacturing and this is not a manufacturing-type use. A year ago the commercial zone was amended to make indoor archery a permitted use in the C-2 and C-3 zones. The applicant requests that the use be made a permitted use, not a conditional use.

Terry Beck advised that the proposed building is large enough for an indoor archery
range.

Curtis Spragg commented that the range will provide something fun to do at all times.

Terry Beck advised there will be leagues, tournaments, couples night, mens night, kids night, etc.

Councilmember Bunker inquired about parking.

Mr. Beck replied there is plenty of parking - one building has 60 parking spaces and is on a half acre lot with parking behind the building. Others have more parking.

Councilmember Almquist inquired how much of the building space would be used for retail sales.

St. George City Council Minutes
February 4, 2010
Page Five

Mr. Beck replied that 10% of the building will be used for retail space.

Mayor McArthur opened the public hearing.

Mike Hall advised that the leagues will be great for families and kids. It is too hot to shoot at the shooting park at Purgatory in the middle of the summer. St. George is putting on a shooting program at Purgatory and it has been canceled three times due to inclement weather. The indoor range will not be weather-dependent and will be a great addition to the City.

Dustin Hammer and Travis Black advised they are involved in shooting sports and are active archery hunters. Having a facility like this at the disposal of the public will be a great asset to the community. The shooting park at Purgatory is fine but they cannot shoot in the evenings and most dont get off work in time to shoot. There are also weather issues. There is a school archery program which has not yet been adopted by Utah, but it could be implemented at this facility. He advised that the Safari Club in the area is in favor of the proposal.

Travis Black advised that Mr. Beck is one of the largest supporters of the chapter, and they would like to help him grow the business. He advised that Mr. Beck goes out of his way to help them and promote sports.

Mel Landis advised he is a member of the shooting park archery club and the board totally supports the indoor range. He advised that such a facility will improve and enlarge the sport of archery and the club will support the Junior Olympics. He advised that an archery program will be easier to conduct in a controlled environment and all organized archery groups in Utah support this request.

Melissa Spragg advised she loves to compete in archery and an indoor range will help involve women and strengthen families.

Shawn Barney advised he recently moved to St. George and shot in archery leagues with his son and they have missed it. He stated they joined the archery league at the Purgatory park but are looking forward to having a facility in town. He stated it is a great family activity.

Taylor Barney advised that he really likes archery and would enjoy having it in town. He stated archery is fun and a great way to spend time with his family.

Tyler Pratt advised that he has lived in a lot of different places and everywhere had an indoor shooting facility. He advised that the outdoor range has light restrictions and heat issues. He advised there are hundreds of very active shooters in the area and this facility will help them to develop a passion for the sport.

Rebecca Monson commented that an indoor facility will be awesome when the Senior Games come to town.

Rick Fredlund commented he has served 25 year in Scouts and all the programs have an archery component. He has been shooting all his life and would be thrilled to have a great place to shoot out of the sun. He commented that archery is a wonderful family event.

Dave Black, representing the Southern Utah Anglers, advised they totally support the proposal. He advised his wife and 8 year old daughter also shoot and love the sport.

Terry Abplanalp advised he moved here from Cache Valley 25 years ago and Logan had an indoor facility. He stated archery brings families together and provides something for them to do together. All his children and his wife love to shoot. He stated what Terry is trying to do is great and he supports him.

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

Councilmember Pike inquired why the use should not be a permitted use.

City Attorney Shawn Guzman replied he has the same question. If the use fits in the zone, it should be a permitted use.


St. George City Council Minutes
February 4, 2010
Page Six

Community Development Director Bob Nicholson commented he felt it should be a permitted use as the use is not noisy and generates low traffic.

City Manager Gary Esplin commented his only concern is that the M-1 zone is supposed to be for manufacturing. An archery range is already a permitted use in the commercial zones. Caution should be used as to what is allowed in the M-1 zone. However, in this case a permitted use would be fine. In this economy the City needs to encourage the use of buildings.

Councilmember Nickle commented the City is hungry for businesses and he feels the use would be a good venture.

MOTION: A motion was made by Councilmember Pike to approve the ordinance for an indoor archery range as a permitted use in the M-1 zone.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised the final plat is for Red Cliffs Park Phase 3 with nine lots located north of Colorado Drive, north of the Middleton area. The Planning Commission recommends approval.

Councilmember Bunker inquired if there had been any complaints from neighbors to the north.

Mr. Nicholson replied that this property is located north of any existing neighbors and there have been no concerns expressed.

City Manager Gary Esplin advised that land to the north of this project is habitat and then Washington City.

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

Councilmember Bunker - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

HILLSIDE PERMIT:
City Planner Ray Snyder explained the request is to renew a hillside permit to excavate sand, gravel and gypsum for crushing and hauling on a 40 acre site located in the Ft. Pierce Industrial Park. The applicant is Russ Limb. There is a large hill to the west of the site and it is level along the Ft. Pearce to the east. There is fencing and many warning signs at the top of the steep hill. The subject site is zoned M-1. He displayed an area map and project location map. The applicant is requesting an extension for another 7.5 years. Original approval was in 2000 for 10 years. He displayed a cross section of the area showing the removal of materials. The applicant proposed to remove 1.5 million yards of material. The Hillside Board has reviewed the request and made a suggestion for a minor change at the base in the cross section in the catch area for rocks. He displayed photos of the site and how the site will mitigated afterwards. It is not practical to plant trees as there is no water and the site consists solely of rock.



St. George City Council Minutes
February 4, 2010
Page Seven

Mayor McArthur inquired if the fencing at the top of the steep hill was adequate to prevent accidental falls by hikers or bikers.

Community Development Director Bob Nicholson replied the top of the hill was part of the Fossil Hills development and is open space.

Mayor McArthur expressed concern for those who may wander the hilltop. He inquired if there should be a 6' chain link fence installed for safety.

Councilmember Almquist commented there is decent warning at the top of the hill and no evidence of motorcycles on the edge of the cliff. He stated there are other areas of the City with steep cliffs that are not fenced and this site does not seem to be that much of a risk. He commented that having to do anything more than already done would be onerous for the applicant in lieu of the fact there is no residential in the area.

Mr. Snyder commented that the subject site is not within the hillside zone but is within a geologic hazard area. In December 1999 the Hillside Board voted four to two to permit the activity. An air quality permit has been submitted and is under review by Bill Swensen. A grading plan has also been submitted and temporary fencing was not recommended. The applicant proposes a 1:1 cut for the benches. The Hillside Board recommends approval of a 7.5 year extension. There is no restoration bond but the applicant has set the top soil aside to be later spread over the benches.

Councilmember Bunker inquired if there was any discussion at the Planning Commission meeting about making the hilltop safer to prevent falls.

Mr. Snyder replied there was no discussion.

Bill Swensen advised that the existing fence on the hilltop is waist high.

A representative of the applicant spoke from the audience stating that the fence is 48" high and is three strand barbed wire.

Mayor McArthur commented that he has walked this site and it is steep. If someone slipped they would fall 30' to the first catch.

Bill Swensen advised there used to be access from the property into Horsemans Park and this road was of concern to the residents in the area, but this access no longer exists. This was a big improvement. As far as air quality Mr. Limb has stepped up and come up with innovative ideas to lessen the dust when blasting. They pre-wet the area before blasting and spray as soon as possible after the blast to drop the cloud. They also pre-west when crushing.

Russ Limb, applicant, advised that everything is watered. They pipe water up on the hill and they water the belts.

Mr. Swensen advised that the crushers are permitted through the Utah Division of Air Quality and the City and are inspect them once a month.

Rob Reid of Rosenberg Engineers, representing the applicant, advised a fence runs along the cliff and it is fairly sturdy. It is a wire fence and has signs on it advising of the cliff area and mining operation. The fence has been there for ten years. The applicant has been working with an improved grading plan, and while if it were being applied for today the size of the benches might be different, but what is there is based on an approved plan. The applicant would like to create an area for landing rockfall at the bottom of the hill.

Mayor McArthur inquired about cleaning the benches.

Mr. Reid replied this could be done with a lot of handwork.

Russ Limb, applicant, advised that he has been working for ten years trying to create a business. The use is permitted in the M-1 zone and he has worked hard to mitigate dust issues and revegetate the slopes. He only blasts half as much at a time as he used to and keeps the blast charge low so not a lot of material is moved at once. The gypsum is hauled out in covered loads.

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February 4, 2010
Page Eight

Councilmember Nickle inquired when the last complaint from the Knolls had been received.

Mr. Swensen replied there have been no complaints for well over a year.

Mayor McArthur again inquired about cleaning the benches.

Mr. Limb replied this would have to be done by hand, and is on leased SITLA property. The fence at the top of the hill is 4' and is back 10' from the slope. There are 313 warning signs on the property as well. The fence is a net fence.

MOTION: A motion was made by Councilmember Nickle to approve the hillside permit for 7.5 years.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Nickle - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

CDBG APPLICATIONS:
Consider approval of applications for funding under the CDBG program for FY

City Manager Gary Esplin advised that nine applications for funding have been received. It is anticipated the City will receive $500,000 in fiscal year 2010-2011. He advised that for this coming fiscal year the City has already issued all its down payment assistance funds, and it is only February. He explained that when a home using down payment assistance funds is sold, monies from the sale go back into the program. He then reviewed the requests and recommendations for funding.

Councilmember Bunker inquired if Dixie Care and Share was made aware they submitted an incomplete application for funding.

David Bates replied all applicants were issued a checklist. He advised he received applications from three other non-profits and their applications were complete.

MOTION: A motion was made by Councilmember Shakespeare to approve the award of funding as recommended.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

MISCELLANEOUS DISCUSSION:
Mayor McArthur advised that Tim Thompson, a pecan farmer from Hurricane, would like to sell pecans at roadside stands throughout the City. This would mean changing the ordinance to allow street vendors.

City Attorney Shawn Guzman advised that in the past the City Council has not been inclined to allow street vendors as they compete against brick and mortar businesses which pay sales taxes, and street vendors do not.

It was the consensus of the City Council to not revise the ordinance to allow street vending.



St. George City Council Minutes
February 4, 2010
Page Nine

APPROVAL OF MINUTES:
Consider approval of the minutes of the January 14, 2010 City Council meeting.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the January 21, 2010 City Council meeting.

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

Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

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

Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.




____________________________________
Gay Cragun, City Recorder