City Council Minutes

Thursday, July 15,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 15, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Ben Nickle
Councilmember Gloria Shakespeare
Councilmember Jon Pike
Councilmember Gail Bunker
Councilmember Gil Almquist
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 of the United State of America was led by Gil Almquist. The invocation was offered by Pastor Jimi Kestin. Mayor McArthur invited anyone wishing to offer an invocation at a City Council meeting to contact the City Recorder. Mayor McArthur announced that every second and fourth Friday during the summer the City will be showing free movies in the Town Square. The next movie to be shown is Fly Boys which was filmed in St. George. Mayor McArthur and Kathy Gardner presented winners of the Citys Vision Ready Set Go For You Fitness Program with medals and prizes. Mayor McArthur then invited several Scouts in the audience to introduce themselves.

TABLE ITEMS:
Mayor McArthur announced that Item 3C, a public hearing to consider a zone change from Residential Estates RE-20 (20,000 sq. ft. minimum lot size) to Planned Development Residential on 12.57 acres located at approximately 2350 East and Horseman Park Drive, and Item6C to consider approval of a special event permit to sell Green River watermelons and other produce grown in the area and in Utah, were tabled from the agenda.

AWARD OF BID:
Consider award of bid for the marathon finisher medals, runner awards, plaques, and sponsor thank you plaques.

Purchasing Manager Connie Hood recommended award of the sole source purchase from Kenworthy for medals and medallions in the amount of $52,000. This cost is covered in marathon registration fees.

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

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for chip seal oil.

Purchasing Manager Connie Hood advised only one responsive bid was received. She recommended award of the bid to Cactus Transport-Arizona in the amount of $241,188. She advised that even though the company is located in Arizona they get their chip seal oil from Paramount Petroleum. The bid is 14% under the engineers estimate and is less than what the City paid last year.

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


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July 15, 2010
Page Two

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution accepting the Annual Wastewater Self Assessment.

City Manager Gary Esplin explained the City is required to submit this self-assessment annually.

Wastewater Plant Manager Ben Ford advised the wastewater testing plant does testing for other governmental agencies only and does not do private testing.

City Manager Gary Esplin advised the plant also does testing for swimming pools.

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

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Shakespeare - 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 July 13, 2010, recommended that a public hearing be scheduled for August 5, 2010 to consider an amendment to Title 10, Chapter 11, St. George City Code, to allow ATVs and parts sales and repairs (indoor only) as a permitted use in the M-2 zone.

MOTION: A motion was made by Councilmember Pike to set the public hearing as recommended.
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 - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held July 13, 2010, recommended approval of the River Road Extension Amended final plat located north of the Southern Parkway. The purpose of the amended plat is to make minor adjustments to the center line of the road.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMTI:
Consider approval of a conditional use permit to operate a human crematorium facility in a Commercial C-3 zone at 1316 South 400 East in Unit #A5. Lane Smith, applicant.

City Planner Ray Snyder explained that Utah Cremation Services is the applicant. The center will house an on-site crematory for disposition of human remains. A state license will be obtained. The cremation process will be operated as a stand-alone business for the funeral home and also serve as a wholesale trade-basis for other funeral homes. The center is a small suite and not designed for any services at that location. The Planning Commission recommends approval subject to the following conditions and findings: (1) the applicant obtain a City air quality permit; (2) fire department inspections are required; and (3) obtain building department permits. Concern with odors was discussed at the Planning Commission meeting and there will not be any odors. The units are so efficient there is no discharge.

Mr. Lane Smith, founder and managing member of Serenicare funeral home, explained theirs is a non-traditional funeral home which does not have chapels. They meet with the families in their homes and are half the price of traditional funeral homes. He presented a power point presentation showing how other communities handle the cremation equipment. They are a good neighbor and the equipment used is approved for use in all 50 states, including California and Hawaii.

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit.
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 Nickle - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

WAIVER OF FEES FOR USE OF OPERA HOUSE:
Consider waiver of fees for use of the Opera House for a concert to raise money for the victims of Haiti. Bonnie Romkey and Megumi Gass, applicants.

Gary Sanders explained the applicant would like to hold a fundraising concert to raise money for the victims of Haiti. They both play the violin. Donations will be accepted for admittance to the concert. City staff will be present for technical assistance.

City Manager Gary Esplin recommended that a fee be charged to cover the Citys hard costs for the technicians time.

Gary Sanders advised this fee would be $75 at the maximum.

MOTION: A motion was made by Councilmember Almquist to approve waiver of the fee but to charge for the technicians time.
SECOND The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CORRECT CITY ZONING MAP:
Consider approval of a correction to the City zoning map in the Southgate area to correctly show the Open Space and Residential zone boundaries around the Southgate Golf Course.
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Page Four

City Manager Gary Esplin explained this is a housekeeping item. Changes to the zoning map are needed to conform to what is on site, cleaning up any discrepancies in the area and defining the exact location of the golf course.


MOTION: A motion was made by Councilmember Shakespeare to approve the corrections to the zoning map 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 Nickle - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

SALE OF CITY PROPERTY:
Consider sale of City property in the Bloomington Hills area to the adjacent property owner. Gil Almquist, applicant.

City Manager Gary Esplin explained the Citys policy is to offer first right of refusal to purchase surplus City property to the adjacent property owner. This property is located in Bloomington Hills adjacent to Councilmember Almquists property. There is 3,369 sq. ft. between the property line and where the new trail is. The sale price is $1 a sq. ft.

Councilmember Almquist excused himself from the dais.

City Manager Gary Esplin explained that Councilmember Almquist has offered more value than what the City normally requires, through rock he has already given to the City as well as putting up a wall along the property line that the City would have had to do when the sewer line was put in. Staff recommends the property be deemed surplus and sold to Councilmember Almquist.

MOTION: A motion was made by Councilmember Shakespeare to sell the surplus City property to Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Pike.

Councilmember Bunker commented that the map provided shows several properties that could also be extended down to the river. She inquired if they will also be treated in the same manner.

City Manager Gary Esplin replied they will have the same opportunity to purchase City property.

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

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

The motion carried.

PUBLIC HEARING/ADJUST BOUNDARY LINE/ORDINANCE:
Public hearing to consider a request to adjust the common boundary line between the City of St. George and Washington City in the area just north of the Replacement Airport by adding approximately 404.5 acres to St. George City and removing the same area from Washington City.

Councilmember Almquist returned to the dais.

Community Development Director Bob Nicholson explained the general area of the boundary adjustment is at the north end of the replacement airport runway. An agreement has been entered into with Washington City to adjust the boundary, and both


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Page Five

cities will go through the public hearing process. Washington City will hold their public hearing on July 28, at which time both Mayors can then sign the plat and record it.

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

Councilmember Almquist inquired if an assessment had been done and if the City would be inheriting any costs.

City Attorney Shawn Guzman replied that just because the boundary is being adjustment, this does not mean the City will own the entire piece of property. Assessments have already been done on City property.

MOTION: A motion was made by Councilmember Pike to approve the ordinance adjusting the boundary line.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call 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.

PUBLIC HEARING/ROADWAY ABANDONMENT/ORDINANCE:
Public hearing to consider a roadway abandonment located at 1300 South off of Hilton Drive and Black Ridge Drive.

City Manager Gary Esplin advised that no action was required at this time, other than the public hearing.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Commercial C-2 to Planned Development Commercial on 1.26 acres located at 120 West 1470 South Street to allow for the establishment of a medical detox facility for drug and alcohol in the former Desert Palms Nautilus fitness center. Dr. Greg Anderson, applicant

Community Development Director Bob Nicholson presented a power point presentation and exhibits of the project. He advised the property consists of a couple of parcels; one across the street is used as a parking lot. The parking lot is zoned PD, and the use is not proposed to change. The applicant has provided a letter of intent for medical detox services and managed withdrawal. The facility will be for short term residential treatment up to 29 days and will include counseling, body and mind education, and strengthening skills. The clients will be male and female 18 years and older with substance abuse problems. The facility will be licensed by the Utah Department of Health and Human Service. The zone change process will allow the City Council to limit the use to specific and limited uses. The building is an existing two story building. Parking requirements are recommended at one space for each 1.5 beds in the facility. The applicant has more than enough parking. The Planning Commission recommended approval of a 60 bed facility and 40 parking spaces. Landscaping requirements will have to be met with a 15' wide area along the frontage to be landscaped in accordance with the current landscaping ordinance on both sides of the street.

Mayor McArthur opened the public hearing.

Ed Baca commented that the location is desirable and he urged approval in order to supplement similar public services in response to a growing substance abuse problem.

Dr. Greg Anderson advised that this is a medical facility; only one of 22 throughout the western states, and is not a social detox facility. Eagle Ranch youth facility is located across the street. The federal government considers substance abuse a handicap and there are 85,000 people in Utah who can use this type of treatment. He stated that in the future he might be able to show he did not need 40 parking spaces.

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Mayor McArthur inquired if the facility were a lockdown facility.

Dr. Anderson advised there are opportunities for internships for universities. Visitors are not encouraged, and while it is not a lockdown facility, there will be a card reader system for admittance. The facility will be a secure, voluntary facility.

Councilmember Bunker inquired if the patients would be attending the facility as the result of a court order.

Dr. Anderson replied the program is voluntary.

City Attorney Shawn Guzman advised that in previous discussions with Dr. Anderson, he assured that patients would not be adjudicated.

City Manager Gary Esplin suggested that any approval be conditioned upon accepting patients who are not adjudicated.

Councilmember Bunker inquired about the building facade.

Dr. Anderson replied that future plans call for an exterior remodel. The interior will be remodeled now.

Mr. Nicholson advised that because this is a PD zone, the applicant will have to come back with the design to amend the PD.

Councilmember Almquist inquired of Dr. Anderson is he would be willing to work with law enforcement if information is gathered about crimes.

Dr. Anderson replid that he could not overstep his bounds as a healthcare provider but would be happy to work with law enforcement.

Jerry Thamert inquired about aftercare and seeing patients on an out-patient basis.

Dr. Anderson replied a support system will be provided, but not required. Patients will not receive after care counseling.

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

MOTION: A motion was made by Councilmember Pike to approve the zone change with all conditions recommended by the Planning Commission and with the condition that no patient could be court-ordered to attend or adjudicated.

Dr. Anderson stated he did not want the number of beds to be limited to 60 if the facility is successful.

City Manager Gary Esplin replied that the City Council could act only on this current application, and 60 beds have been approved. The applicant can come back and request additional beds at a future date, depending on the track record at that time.

SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/INTEGRATED RESOURCE PLAN:
Public hearing on the Integrated Resource Plan.

City Manager Gary Esplin advised the City is required by federal regulation to hold public hearings on the its integrated resource plan. No further action is necessary.

Energy Services Director Phil Solomon explained the City has a contract with the Western Area Power Administration (WAPA) for Colorado River hydro power, and is thus required

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July 15, 2010
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to update its plan every five years. The plan is a forecast of the Citys resource needs and a plan to meet those needs. WAPA is looking for a diversification of resources with an
emphasis on conservation or ways to reduce the peak. WAPA then tells the federal goverment how its hydro power is being used.

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

Mr. Solomon then reported on a recent power outage.

APPROVAL OF MINUTES:
Consider approval of the minutes of the June 30, 2010 City Council meeting.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the July 1, 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 Almquist.
VOTE: Mayor Mc McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Bunker - aye
Councilmember Shakespeare - 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 Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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

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



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July 15, 2010
Page Eight


The vote was unanimous and the motion carried.




_____________________________________
Gay Cragun, City Recorder