City Council Minutes

Thursday, August 5,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 5, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Gail Bunker
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Benjamin Nickle
Councilmember Gloria Shakespeare
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur


OPENING:
Mayor Pro Tem Bunker called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Councilmember Shakespeare and the invocation was offered by Father Vidal of the St. George Catholic Church. Father Vidal announced the dedication of the Catholic Church on August 22 and invited everyone to attend it and the related festivities.

Jennifer Harris of the Washington County Solid Waste District presented a power point presentation on the Countys recycling program.

Mayor Pro Tem Bunker invited everyone to attend the Washington County Fair to be held August 11, 12, 13 and 14.

AWARD OF BID:
Consider award of bid for five Dodge Chargers and one Nitro Detonator for the Police Department.

Purchasing Manager Connie Hood explained the City went out to bid for six vehicles. One local source submitted a bid but it did not meet the correct engine specifications and is considered non-responsive. She recommended award of the bid to Ken Garff Dodge of Salt Lake City in the amount of $133,207.90. Ken Garff holds the state contract.


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

Councilmember Nickle - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for mega lugs and fittings for the Water Department.

Purchasing Manager Connie Hood explained that Mountainland is the low bidder on 82 of the 125 generic items the City uses on a weekly basis. She recommended approval of a blanket award to Mountainland in an amount not to exceed $90,000 for the year.

MOTION: A motion was made by Councilmember Shakespeare to award the bid to Mountainland as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote as follows:

Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
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August 5, 2010
Page Two

Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for tank fuel and lubricants for the Fleet Division.

Purchasing Manager Connie Hood explained this is the third year of an optional renewable contract with Thomas Petroleum. The original bid was with Haycock but it was bought out by Thomas Petroleum. There is the possibility of an additional two 500 gallon tanks so she recommended award of an additional 25,000 gallons, for a total not to exceed amount of $225,000 for the year.

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

Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held July 27, 2010, recommended that a public hearing be scheduled for August 19, 2010 to consider a zone change amendment to the PD Commercial/Residential zone to expand the list of uses on 17.35 acres located at 415 South Dixie Drive.

MOTION: A motion was made by Councilmember Pike to set the public hearing as recommended.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a tattoo shop in a C-3 General Commercial zone at 344 E. Sunland Dr. Eric McFadden, applicant.

City Planner Ray Snyder explained the applicant is Last Call Ink. The proposed location is 800 sq. ft. A tattoo shop is a permitted use if the conditional use permit is approved. The Planning Commission did not recommend any restriction on hours, but the business will typically be open until midnight. The applicant has met with the Health Department on site and staff asked the police department to research the last ten years for service calls to other tattoo shops and no substantial problems were evident. The Planning Commission recommended approval on a four to two vote.

Eric McFadden, applicant, advised that he wants to bring good tattoos to town and the shop will strictly be a tattoo shop. There will be little or no impact to anyone else. The shop is located near the freeway and there are no nearby residences. He advised that he is licensed by the state and a new permit has to be reapplied for every two years. A quarterly sterilization test is performed and all needles are disposable. All equipment is sterilized in an autoclave.
Councilmember Shakespeare inquired why two Planning Commissioners voted against the request.

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August 5, 2010
Page Three

Mr. Snyder replied that they did not state a reason.

Councilmember Almquist inquired if the applicant would be willing to work with the Police Department on potential gang involvement.

Mr. McFadden replied that they will not service gang members. He advised that he will post this in his shop.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit.
SECOND: The motion was seconded by Councilmember Shakespeare.

City Attorney Shawn Guzman advised that any conditions the City Council might want to impose on the application would have to be done now and not later.

MOTION CLARIFIED: Councilmember Pike clarified that his motion included the conditions mentioned by staff and the Planning Commission in their findings.

VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

SIGN APPROVAL:
Consider approval of a new sign for the Boulevard McDonalds.

City Attorney Shawn Guzman explained this item involves the existing pole sign on St. George Blvd. The applicant proposes to remove the building and build a new one. They have the right to leave the sign as it is but the City has been negotiating with them for a better sign. It has been agreed to leave the pole in the same place but the current sign extends over the sidewalk. The new sign will be 100 sq. ft. smaller than the current sign and the new sign will be offset so that it no longer extends over the street right of way. The height of the sign will remain the same. For the record, he asked that the City Council approve the sign as shown on the drawing provided in the agenda packet.

MOTION: A motion was made by Councilmember Shakespeare to approve the sign as shown on the drawing provided.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

BUILDING DESIGN:
Consider approval of the building design for the proposed Direct Aviation building to be located at the Replacement Airport. Jobi Venuti, applicant.

City Manager Gary Esplin explained that zoning and uses around the new airport are part of the new airport regulations. A provision of the regulations requires that approval be obtained with regard to the aesthetics of any new building. Even though the applicant has not requested a building permit, he has been working with staff on the building design for the FBO.

Travis Davis advised he is the design-build contractor and Hughes is the general contractor. The proposed building will fit on any site the applicant is looking at. He


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August 5, 2010
Page Four

displayed renderings of the proposed building and advised that it has concrete tilt-up panels which mimic the stone of the area.

Mr. Venuti, applicant, explained there are two large hangars in a row with the third on the back row for Life Flight.

City Manager Gary Esplin commented that the applicant attempted to blend colors and architecture into the area and it will be very attractive compared to what exists at the current airport.

MOTION: A motion was made by Councilmember Pike to approve the building design.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

Nathan Burk, Direct Aviation, commented they are having difficulty getting the lease done and requested assurance that the lease will be completed in time.

City Manager Gary Esplin advised that the terms of the lease are being worked out.

Mr. Burk replied that the terms have already been worked out, it just needs to be completed.

City Attorney Shawn Guzman replied that they are trying to accommodate Direct Aviation and take into consideration the things they want considered.

Jobi Venuti commented that their biggest concern is time.

City Manager Gary Esplin advised that the lease will be scheduled on the next City Council agenda in two weeks.

AGREEMENT:
Consider approval of the Second Amendment to the Citys Special Use Lease Agreement #689 with the School and Institutional Trust Lands Administration (SITLA).

City Manager Gary Esplin advised that an agreement has been reached with SITLA to share revenue from a wireless tower on a 50/50 basis.

City Attorney Shawn Guzman asked that if the agreement is approved, it be made subject to legal review to ensure an escalator clause is included in SITLAs lease with Verizon.

City Manager Gary Esplin advised that SITLAs position is that it gave the City a lease for the water tank and nothing else, and this will clear that up and share the revenue 50/50.

Connie Biscuit, representing Verizon, advised they are waiting on the draft lease from SITLA and they agree an escalator clause should be in the lease. They are putting up three poles around the water tank, but not mounted directly on the tank. The top of the poles will be lower than the peak of the tank. They will be painted to match the surroundings.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreement subject to legal review.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:



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August 5, 2010
Page Five

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

ACCEPT AWARD OF GRANT:
Acceptance of the award of the Staffing for Adequate Fire and Emergency Response (SAFER) grant through the Department of Homeland Security, FEMA Grant Programs Directorate.

City Manager Gary Esplin explained that the City has received a SAFER grant which will be used to staff the new fire station.

MOTION: A motion was made by Councilmember Almquist to accept the grant.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

The Mayor and City Council recognized Fire Department staff for the outstanding job done to obtain the SAFER grant. The amount of the grant is $916,000 over the next two years.

AGREEMENT:
Consider approval of an interlocal agreement for the 2010 Justice Assistance Grant for the Police Department

City Manager Gary Esplin advised that the Police Department has received a grant in the amount of $38,000.

Police Chief Marlon Stratton advised that the Police Department has received this grant nearly every year in conjunction with the County. The County prosecutes the crimes which result from arrests made by the St. George Police Department. The funds will be used to purchase two Kawasaki motorcycles for the traffic enforcement unit.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

WAIVER OF FEES:
Consider approval of a request from the Huntsman Senior Games for waiver of fees associated with use of the Town Square and the Third Floor of the Arts Center.

Jeff Harding, representing the Senior Games, advised they are hosting an International festival to say thank you to the community and would like to hold it at the Town Square. It will be held the last weekend of the Games. They would also like to hold several sports socials on the Third Floor of the Arts Center.



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August 5, 2010
Page Six

City Manager Gary Esplin reminded Mr. Harding that his organization will be responsible for clean-up.

Leisure Services Director Kent Perkins commented that typically the City would collect fees for the clean-up. He asked that the applicant be required to bring in and pay for an additional dumpster for the event.

City Manager Gary Esplin advised that the City is a sponsor of the Senior Games and therefore should cover the hard costs.

MOTION: A motion was made by Councilmember Shakespeare to approve waiver of the fees.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider a request to amend Title 10, Chapter 11, Section 2, St. George City Code, to add ATV and parts sales and repairs (indoor only) as a permitted use in the M-2 zone.

Community Development Director Bob Nicholson explained the applicants propose to open an ATV off-road shop including a showroom for parts and a service facility. They will also buy and sell bikes and parts. The proposed building has four tenants and is located in the Millcreek Industrial Park. The applicant will locate in one of the four tenant spaces. The Planning Commission recommended approval based on indoor use only on a four to one vote.

Adam Arrington and Jeff Jones, applicants, explained their operation will be all indoors and their use will fit with the current tenants next to them, a cabinet shop and Extreme Edge Graphics. There will be no outdoor display and from the street it will be hard to tell they are there. This area is the only remaining M-2 zoning in the City and they cannot afford to lease buildings with C-3 zoning. The long term goal is to be able to compete and hire employees for manufacturing of small parts. He requested that this be added to the zoning.

Mayor Pro Tem Bunker opened the public hearing. There being no public comment, she closed the public hearing.

Mayor Pro Tem Bunker inquired if other tenants of the building were notified.

Mr. Nicholson replied that a notice was published in the newspaper, and the owner of the building is supportive of the request.

City Manager Gary Esplin commented that this request was initiated by the City. This is an amendment to the ordinance and will allow this type of use anywhere in an M-2 zone and it is not specific to this location, but to the zone.

The applicants advised that Extreme Edge Graphics and Boardwalk Cabinets are aware of the request.

Mayor Pro Tem Bunker expressed concern about the noise.

Mr. Jones replied that this is why they chose a manufacturing zone. They will add adequate insulation.

City Attorney Shawn Guzman advised that noise cannot be a criteria unless it was included for all uses in the same zone.



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August 5, 2010
Page Seven

Mr. Esplin commented he did not think noise is an issue because the use will be indoors and is located in a manufacturing zone.

MOTION: A motion was made by Councilmember Pike to approve the ordinance amendment.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the July 15, 2010 City Council meeting.

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

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Bunker - 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 a property purchase.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.

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

Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Mayor Pro Tem Bunker - 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 Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

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August 5, 2010
Page Eight

Councilmember Nickle - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.


_____________________________
Gay Cragun, City Recorder