City Council Minutes

Thursday, April 1,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 1, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Daniel McArthur
Councilmember Gloria Shakespeare
Councilmember Ben Nickle
Councilmember Gail Bunker
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. He then led the pledge of allegiance to the flag. The invocation was offered by Pastor Jimi Kestin.

Public Works Director Larry Bulloch advised that the City has been recognized by the Federal Highway Administration for its exceptional environmental stewardship in completion of the Southern Corridor project. He then presented a plaque to the Mayor.
He introduced Jerry Lewis and Suzanne Allen who have also been a part of the process.

Jerry Lewis, UDOT Commissioner, complimented the Mayor and Council and advised that UDOT appreciates the cooperation they have received from this area.

Suzanne Allen, first Dixie MPO chair, commented that City Manager Gary Esplin and Mayor McArthur have great vision and it has been great to be a part of the process.

Carmen Snow and Allison McArthur presented Mayor McArthur with a second place medal in the Freedom Run.

Summer Robertson, Chair of the Arts Commission, introduced members of the Arts Commission and explained they are here to present Awards of Excellence to two people who have demonstrated a lifetime of excellence in the arts.

Ferron Holt then presented a power point presentation honoring the first recipient - Norman Lister. The Liato Choir performed, and Mayor McArthur presented Mr. Lister with an award of excellence.

Sheila Bailey presented a power point presentation honoring the second recipients - Doug and Mary Stewart. Mayor McArthur then presented them with awards of excellence.

Terri Kane, Dixie Regional Medical Center CEO, reviewed DRMCs accomplishments
within the last year. There were 16,000 admissions, 40,000 ER visits, and 132,000 imaging procedures. DRMC has 2100 employees and provided a total of $18,000,000 in charity care. Future plans include a clinic for women and children at the River Road campus, a spine and pain institute, and a lifeflight helicopter which has been ordered and will be deliver the first of next year.

Mayor McArthur read and signed a proclamation proclaiming April as Child Abuse Prevention Month in the City. He then presented it to Debra Wood of the Childrens Justice Center, who advised that April was also Victims Rights Month.

TABLE ITEMS:
Mayor McArthur advised that Item 4A, to consider approval of an ordinance to modify setback requirements for certain accessory buildings in Agricultural zones, and Item 6C to consider approval of a lease with Dixie Igloo, were tabled from the agenda.

APPROVAL OF AGREEMENT:
Consider approval of an agreement with Dixie Escalante REA to provide power for the Replacement Airport.

Public Works Director Larry Bulloch explained that power to the airport is being provided in three phases. A contract with Dixie REA to extend power to the airport site is now complete. This agreement is to extend power to the FBO area, the GA area, and the navigational aids area in the amount of $269,697.23. One more contract will be needed
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April 1, 2010
Page Two

to extend power to additional projects approved by the Council, such as the expansion of hangars.

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 Bunker - aye
Councilmember Nickle - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that as of today the runway paving is complete. Crews will begin Monday paving the taxiways.

AWARD OF BID:
Consider purchase of Motorola 800 MHz radio equipment for the Police and Fire Departments.

Purchasing Manager Connie Hood recommended approval in the amount of $1,000,000 with Motorola.

Mayor McArthur explained this purchase is part of the UCAN agreement. The new radios will provide more channels and communication capacity.

City Manager Gary Esplin explained that a portion of the purchase price will be paid by grant funds. The City will not have to pay service fees for seven years, but after that there will be a monthly charge.

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for construction of the ARFF building.

Purchasing Manager Connie Hood recommended award of the bid to the lowest responsive bidder, Ascent Construction, in the amount of $1,960,000. The bid meets DBE requirements by the FAA.

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

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

The vote was unanimous and the motion carried.


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April 1, 2010
Page Three

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-20 to Open Space on 13.0 acres located between the Virgin River and 1450 South west of the Springs Estates Subdivision.

Community Development Director Bob Nicholson explained the applicant is the Springs Estates Equestrian Association. The request is to change the zone from A-20 to Open Space on 13 acres which is currently being used as horse pasture. This use will not change. The request is to accommodate the subdivision of property into eight lots which will be sold to adjoining property owners. A final plat will be brought before the City Council at a later date. The entire piece is within the 100 year flood plain and half is in the floodway. No structures are allowed in the floodway. The Planning Commission recommends approval with three conditions: a sewer easement shall be obtained and recorded; a final plat shall be processed; and the entire A-20 zone shall be changed to Open Space. A sewer easement has already been received by the City. No opposition to the zone change request has been received.

Councilmember Almquist inquired if each of the designated pasture lots were going to be deeded to the adjoining homes, as the lots could not stand alone for lack of access.

Mr. Nicholson replied that no building will be allowed on the lots, and it was his understanding as represented at the Planning Commission meeting that the pasture lots will be purchased by the adjoining property owners, although he did not know that for a fact. He advised that there is access to the pasture lots along the sewer easement.

Jay Sandberg commented that while there is common access for each lot, it is not a public access.

City Attorney Shawn Guzman inquired if a quiet title action had been completed on this property.

City Manager Gary Esplin advised that the City Council is only considering a zone change at this time, and the final plat will show all accesses, etc. He commented in his opinion it made sense to zone the property Open Space.

Mr. Nicholson commented that the request is consistent with the General Plan. The applicant is also requesting waiver of the fee attached to the plat for the HCP which is normally $250 per acre. The City Council has the authority to waive the fee if it feels a unique situation exists, and in a sense this is not a development plat as there is no building associated with it.

City Manager Gary Esplin commented that staff feels alright about this recommendation, but the fee waiver would be part of the final plat approval.

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

MOTION: A motion was made by Councilmember Bunker to approve the zone change by ordinance subject to the recommendations of the Planning Commission.
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 Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 22, St. George City Code, to add language that approval of a conceptual wireless facilities master plan doe not vest or grant approval to any specific site.



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April 1, 2010
Page Four

Community Development Director Bob Nicholson explained the first step in an application for a cell tower is to bring forth a conceptual master plan to the Planning Commission. A specific site is then identified and the plan can be a permitted or conditional use. The City Attorney has recommended that language be added which states that approval of the master plan does not vest or grant approval to any specific site.

City Manager Gary Esplin commented this is a technical change and will not change anything the City is currently doing.

Councilmember Almquist inquired if it were possible to also include language that a specific tower design is also not vested or granted with approval of the master plan.

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

MOTION: A motion was made by Councilmember Almquist to approve the ordinance with the addition of language that approval of the master plan does not vest or grant approval of a specific tower design.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 1, Section 14, St. George City Code, to change the provision that all land annexed into the City shall come in as a Mining and Grazing zone rather than R-1-10, unless otherwise pre-zoned by the City.

City Planner Craig Harvey explained that the City currently zones land being annexed into the City as R-1-10 unless pre-zoned. Mining and Grazing is a better holding zone.

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 ordinance.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 10, Chapter 5, Section 6, St. George City Code, to modify the setback requirements for certain accessory buildings in Agricultural zones.

This item was tabled.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the Red Rock Music Festival to be held May 8, 2010 in the Town Square. Ed Rogers, Red Rock Rotary Club, applicant.


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April 1, 2010
Page Five

Business License Officer Laura Woolsey explained this will be the second annual music festival to showcase local artists. It is open to the public. There will be vendor booths. The applicant is requesting use of Town Square from noon to 9:00 p.m. They are expecting 250 attendees. The applicant is also requesting waiver of the special event permit fee and park rental fee. All proceeds will go to charities in the community. The fee for the vendor booths will be donated to local charities. They raised $6,000 last year.

City Manager Gary Esplin advised that the City has a hard cost, as it has to have an employee present anytime the Town Square is being used for a special event. He advised that a deposit should be required and returned if the site is cleaned up. He advised that a dialogue was needed at a later date on special event permit fees. He stated that an event such as this one is something the City may want to sponsor and a fee waiver may be appropriate. It is hard to charge a fee to the Rotary Club when money they raise is given back to the City. He stated an event such as this is just what the City wants to see in its Town Square and staff has no problem with granting the request. He suggested that a deposit be required which can be returned to them after the event.

MOTION: A motion was made by Councilmember Pike to approve waiver of the fees but require a $150 deposit. Additionally, if there is any publicity, the City should also be listed as a sponsor of the event.

City Manager Gary Esplin commented that City sponsorship of the event is fine as long as there is no liability to the City.

Ms. Woolsey advised the applicant is obtaining liability insurance.

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 Nickle - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Councilmember Bunker expressed concern that everyone requesting special event permits also wants waiver of the fees, and the City has hard costs.

City Manager Gary Esplin replied that this will be discussed in an upcoming work meeting.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for an open air art fair at 256 No. Red Cliffs Drive, and approval to exceed the six continuous days permitted by City ordinance. Ed Wallace, applicant.

Business License Officer Laura Woolsey advised the applicant is requesting waiver of the special event fee as well as sublicense fees. Staff has never waived sublicense fees in the past for any vendor. The fee allows the City to keep track of the sublicensees and make sure that sales tax is collected. The total license fee for this event is $1500 for 20 days. The applicant is also requesting an extension.

Ed Wallace, applicant, advised the main criteria for asking for the waiver is it makes the event more feasible for the artists.

Councilmember Shakespeare inquired if the City had hard costs when an event is held on private property.

City Manager Gary Esplin replied the fee is for processing of the license and in case City personnel or the police have to go out for any reason. The fee is not because the City is providing service to him on the site. He stated that perhaps the City Council could look at cutting the fee in half the first year, however, he was not aware of another special event permit like this one.

Ms. Woolsey replied that City has not had any other requests like this one.

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April 1, 2010
Page Six

City Manager Gary Esplin urged caution in waiving fees for private endeavors where there is a possible profit.

Ed Wallace suggested a $75 fee for the entire event. He suggested he could lower the vendor fee from $75 to $55 if his fees were lower. He also has the expense of renting space in the Promenade. He advised he has had three events there and has already paid $450 in fees to the City.

City Manager Gary Esplin commented that the City Council could consider the $450 Mr. Wallace has already paid this year, and perhaps add another $75 to it as the total fee. The City can then monitor the situation and see how this works.

City Attorney Shawn Guzman advised that if the Councils concern is that Mr. Wallaces fees will be passed on to the vendors, the City Council could require that Mr. Wallace not charge more than a certain amount for the booth.

Mr. Wallace advised that his goal for vendor booths is $55 for a two day event.

Councilmember Almquist commented that Mr. Wallace has a private business yet the government is mandating how much he can charge his vendors. He stated he was not sure this constituted free enterprise.

City Manager Gary Esplin replied that Mr. Wallace was the one who suggested this and that makes a difference.

Councilmember Almquist asked that it be noted for the record that Mr. Wallace was willing to do this.

Mr. Wallace replied this was correct.

MOTION A motion was made by Councilmember Pike to approve the special event permit with an additional charge of $75 to cover the remaining events for this calendar year with Mr. Wallace agreeing to a maximum booth fee of $55 plus a $5 sublicense fee for this year.
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 Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

LEASE:
Consider approval of a lease with Dixie Igloo.

This item was tabled.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised the Planning Commission had a 3.5 hour meeting on March 23, 2010. There were four public hearings on zoning related items, with only two moving forward. One was tabled and one was denied and the applicant has not requested to move forward. The Planning Commission recommends that a public hearing be scheduled for May 6, 2010 to consider a zone change for The Commons at Little Valley from A-1 and RE-20 to PD-RES on 14.6 acres located on 3000 South at Horsemans Park Road. John Fleming is the applicant. The Planning Commission recommended approval on a three to two vote.

City Attorney Shawn Guzman commented it was his understanding this request includes City property.

City Manager Gary Esplin replied Mr. Fleming was informed that if he does not have the negotiations completed for purchase of the City property prior to the public hearing, the public hearing will not be held. Additionally, he was told he needed to purchase the property prior to any zone change.

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April 1, 2010
Page Seven

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

Councilmember Almquist expressed concern about what constitutes a majority vote on the Planning Commission.

Community Development Director Bob Nicholson replied that by practice over many years four votes has been considered a majority, but this has never been put into writing.

Councilmember Nickle inquired if the City Council representative on the Planning Commission could vote.

Mr. Nicholson replied the City Council representative can only vote if there are not four members of the Planning Commission present.

City Manager Gary Esplin replied the reason the City Council representative on the Planning Commission cannot vote is because they have to hear the issue again as a member of the City Council.

Mr. Nicholson advised that Roberts Rules of Order says that a majority is typically a majority of those present unless policies are adopted to the contrary.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson explained the Planning Commission heard a request to amend the PD text of the Emerald Ridge Subdivision to allow RV parking in an unused portion of the development. The Planning Commission recommended denial but the applicant has requested a hearing before the City Council.
He recommended the public hearing be held April 15.

MOTION: A motion was made by Councilmember Almquist to schedule the public hearing as requested.
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 Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Jay Sandberg advised that the Planning Commission recommended approval of the preliminary plat for the next phase of Sun River - Phase 33, which contains 21 lots, and Phase 34 which contains 18 lots. This phase is located on the south end of Sun River. There is one minor issue with the parks and trail. There is a master planned park in the SITLA area and the Parks Planner is satisfied the agreement is in place and all documents recorded and will be vigilant in making sure that SITLA develops the park as it develops the ground around it. Several walls four to six feet in height will be built.

Councilmember Bunker inquired how the City can be sure that SITLA will build the park.

Mr. Sandberg replied that SITLA met with City staff, and the site is not useable for anything other than a park.


St. George City Council Minutes
April 1, 2010
Page Eight

City Manager Gary Esplin advised that the City had an agreement with SITLA and Sun River when it bought the fire station site for two park sites.

Community Development Director Bob Nicholson advised this is not in the agreement.

Mr. Esplin replied at the time the fire station site was purchased, two park site were designated and the City said Sun River could not proceed with any more development until the park issue was resolved.

Mr. Sandberg replied there is an agreement with Sun River that ties all this up.

Mr. Esplin commented that the agreement with Sun River does not include SITLA property and Sun River cannot control what SITLA does.

Scott McCall, representing Sun River, stated he felt everything had been worked out and recorded. Sun River has agreed to provide property for a dog park the moment the City is ready to build it. The property for another park is owned by SITLA. Sun River has talked to them casually about it, but they want a fortune for it and Sun River has never gone past that.

City Attorney Shawn Guzman inquired if this was property Sun River was buying from SITLA.

Mr. McCall replied that whoever buys the multi-family property will trigger the park, and when that happens is up in the air.

City Manager Gary Esplin commented he thought when the City released the project to move forward that Sun River would dedicate the park site and there would be one park site on one end and another on the other end. When SITLA sold Sun River the property, the City told Sun River there would be no more development until the park issue is resolved. There should be two park sites and a trail. He commented that he did not want to hold up this plat and recommended approval of the plat while the City researches what happened.

Mr. McCall said he did not remember two park sites.

Councilmember Bunker stated she would rather table the matter as she did not feel comfortable approving it if both park sites are not secured.

City Manager Gary Esplin replied that Sun River is not going to go away and they have been very cooperative in the past. He stated he is not doubting what the agreement says. He says the matter will be discussed at the next work meeting.

Mr. Nicholson advised the final plat will still need to be approved.

MOTION: A motion to approve the preliminary plat was made by Councilmember Pike subject to the recommendations of the Planning Commission.
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 Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

FINAL PLAT FOR FINDLEY AUTO CENTER:
MOTION: A motion was made by Councilmember Shakespeare to approve the final plat.
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

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April 1, 2010
Page Nine

Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the March 11, 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 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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the March 18, 2010 City Council meeting.

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

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

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Councilmember Almquist to adjourn to an executive session to discuss litigation and a property sale.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.

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:

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April 1, 2010
Page Ten

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

The vote was unanimous and the motion carried. The meeting adjourned at 7:30 p.m.




_____________________________________
Gay Cragun, City Recorder