City Council Minutes

Thursday, June 3,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 3, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jon Pike
Councilmember Gloria Shakespeare
Councilmember Gail Bunker
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by an American Legion member and the invocation was offered by Pastor Jimi Kestin.

Mayor McArthur read a proclamation proclaiming the week of June 21-27, 2010 as American Legion Week in the City. He then presented the proclamation to Commander Bill Stay.

Kevin Lewis with the St. George Convention and Tourism Office presented a video highlight of the recent Ironman competition. He then presented a power point presentation of statistics and data with regard to the event.

Community Development Director Bob Nicholson presented the Mayor with the 2010 Heritage Award from the Utah Heritage Foundation for the Town Square project. Mayor McArthur thanked the Citys partners in this project, including Washington County, the LDS Church, Washington School District, Washington County Library, Jacobsen Construction and GSBS Architects, after which a representative of each addressed the City Council.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of an amended final plat for Slick Rock Ridge Phase 5 Amended and Extended located north of Riverside Drive and east of 2450 South Street. Brandon Anderson, Rosenberg Associates, representative.

Jay Sandberg explained the amended plat is needed to correct a minor property line issue. The request has been reviewed by staff.

Deputy City Attorney Paula Houston explained that part of the reason for the amended plat is to clean up remnant pieces left between the original subdivision and this subdivision and to provide part of the trail.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of an amended final plat for The Woods at Valley View Amended and Extended located south of Valley View Drive and west of the Santa Clara River at approximately 1535 West and 520 South in a PD Residential zone. Brandon Anderson, Rosenberg Associates, representative.

Jay Sandberg explained that this subdivision is ten years old and when it was originally built a 25' easement ran along the river. As homes were built some property was traded
St. George City Council Minutes
June 3, 2010
Page Two

back and forth and then the flood in 2005 relocated the river. A rock rip rap berm has also been built and the flood plain boundary changed. A large estate home has been built and they agreed to amend the plat to bring the easements, location of the rock berm and common area up to meet conditions on the ground at this time. One of the lots has been in foreclosure and the City has not been able to obtain a signature on the plat, so approval needs to be subject to working this out.

Deputy City Attorney Paula Houston advised that the HOA has not signed the plat. Land which originally belonged to the HOA is now proposed to be deeded to property owners to extend their private lots. The HOA has not responded and has not given title to the property owners and has not signed off on the plat. She recommended that after the public hearing the matter be continued while staff works on getting signatures on the plat.

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

MOTION: A motion was made by Councilmember Shakespeare to continue action on this item.
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.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 11, Sections 1 and 2, St. George City Code, to allow Recreational Enterprises as a conditional use in the M-1 zone.

Community Development Director Bob Nicholson explained the City recently allowed recreational uses as a conditional use in M-2 zones. This action is to extend that same opportunity to the M-1 zone and will allow uses such as batting cages, indoor soccer, indoor roll or ice skating, etc. The Planning Commission recommends approval.

Councilmember Bunker inquired if there would be enough parking if someday the facility wanted spectator sports.

City Manager Gary Esplin advised that additional approval would have to be given for spectator sports. However, recreational uses are not the real intent of the manufacturing zones and it would have to be determined what effect these uses would have on the manufacturing zone.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 14, Section/ 9, St. George City Code, to allow carports in the side yard setback area in the original platted area of St. George, subject to certain restrictions.
St. George City Council Minutes
June 3, 2010
Page Three

Community Development Director Bob Nicholson explained that this ordinance only applies to the original platted area in downtown St. George. The Planning Commission recommends approval with the following restrictions: (1) the carport roof structure and support columns must be fire rated and built of fire-resistant materials in compliance with the International Residential Code and the International Fire Code, (2) they are not to exceed 12' in height, (3) there must be a 6' tall masonry wall along the side property line adjacent to the carport, (4) only one side yard area may be covered; the other side must remain open to the sky, and on corner lots, the street side yard setback must remain open to the sky,(5) the wall of the dwelling or any structure on the adjoining property adjacent to the carport must be a minimum of 10' from the property line, and (6) they must comply with all other codes and ordinances. Many of the lots in the downtown area are only 66' wide.

Deputy City Attorney Paula Houston advised that in newer areas most frontages are 60-80' wide. It is more difficult to meet side yard setbacks in the old part of town. She advised that carports currently built in the sideyard setback would not be grandfathered unless they were legal when they were built.

Community Development Director Bob Nicholson advised that some of the carports are so old they pre-date the City Code.

Mayor McArthur advised this would allow them to remain as built.

Councilmember Shakespeare inquired if the ordinance amendment prohibited the use of carports for storage.

Deputy City Attorney Paula Houston advised that this is addressed in the rental ordinance.

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

MOTION: A motion was made by Councilmember Pike to approve the ordinance with the restrictions and conditions as recommended.
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.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 22, Section 4, St. George City Code, to remove the limit of three service providers on one cell tower

City Planner Ray Snyder explained that staff and the Planning Commission are not opposed to three or more service providers locating on one antenna as long as safety and structural requirements are met.

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

Community Development Director Bob Nicholson explained businesses would prefer to have four carriers on one tower. More antennas on one tower translates to fewer towers.

MOTION: A motion was made by Councilmember Bunker to approve the ordinance.
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 Nickle - aye

St. George City Council Minutes
June 3, 2010
Page Four

Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Councilmember Almquist commented that in almost every case, and if possible, the City would rather see antennas located on structures than located on towers. He inquired if the proposed ordinance contained language to guide this preference.

Mr. Nicholson replied that locating antennas on buildings is a permitted use, and applicants are encouraged to locate antennas on buildings as the process is then streamlined.

Councilmember Almquist commented that currently there is minimal reliable cell service at the airport. He inquired if the City will allow the locating of antennas on its buildings there.

City Manager Gary Esplin replied that the water tank at the new airport is an approved site for location of antennas.

PUBLIC HEARING/ORDNIANCE:
Public hearing to consider approval of an amendment to Title 10, Chapter 10, Section 2, St. George City Code, to add Indoor Shooting Range as a permitted use with standards in the C-2 and C-3 zones, and to add Section 5(L) Indoor Shooting Range Standards.

City Planner Ray Snyder advised that the City has received an application for an indoor shooting range along with training and sales of shooting equipment. The application site is the former movie theater at 214 North 1000 East in a C-2 zone. Currently shooting ranges are not allowed in C-1 or C-4 zones, but could be a permitted use in the C-2 and C-3 zones, subject to certain conditions, as follows: (1) indoor shooting ranges shall be fully improved to comply with all current city standards and the building shall be built to the current building code, (2) hours of operation shall be limited to 6:00 a.m. to 10:00 p.m., (3) parking spaces shall be two spaces per each shooting lane plus one space per each 250 gross square feet for sales, storage, training, or other uses, (4) indoor shooting ranges shall have walls, ceilings, and floors that are impenetrable to the ammunition discharged by firearms being used within it or have internal baffling built so that the ammunition discharged cannot hit the walls or ceiling, (5) indoor shooting ranges shall be constructed and insulated in such a manner that prevents sound from the discharge of firearms within the facility to exceed a maximum limit of 65 dBA at the property line, and (6) magazine (ammunition) storage shall be fully enclosed by construction materials as approved by the Building Department and Fire Department per applicable codes. The Planning Commission felt a shooting range use is a low traffic generator. However, it is a noise generator unless mitigated to any neighboring property. Staff is supportive of the request in the C-2 and C-3 zones only. Staff will look at the landscaping plan when submitted to the City. The Planning Commission recommends approval.

Councilmember Bunker inquired why it is recommended indoor shooting ranges be permitted uses instead of conditional uses.

Mr. Snyder replied by making it a permitted use specific standards can be included in the code.

Deputy City Attorney Paula Houston advised that certain conditions are spelled out in the code, and if an application meets them, then it is a permitted use. Staff felt that the proposed specific conditions addressed all concerns with this type of use. She advised there is also a section which requires a permit from the City Manager and City Council to discharge firearms, which will be addressed later on in the agenda.

Councilmember Almquist inquired about a provision that would prohibit the handling of loaded weapons in the parking lot of a shooting facility.

Deputy City Attorney Paula Houston replied that this is not addressed in the zoning code, but could be addressed as a conditional requirement. There are other state laws which regulate when and how loaded weapons are handled. A concealed weapon cannot


St. George City Council Minutes
June 3, 2010
Page Five

be carried without a permit and a loaded weapon cannot be carried in a car without a permit.

Mayor McArthur opened the public hearing.

Ed Baca inquired if a shooting range is considered a recreational activity and can be extended to the M-1 and M-2 zones.

Mr. Snyder replied that a shooting range is in the same category in the City Code as amusement centers.

Deputy City Attorney Paula Houston replied that staff could have classified it under amusement centers, but chose to make it a separate category. Shooting ranges would no longer fall under any other category because they are specifically addressed in the Code.

There being no further public comment, Mayor McArthur 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 Almquist - aye
Councilmember Pike - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

SHOOTING RANGE PERMIT:
Consider approval of a permit under Section 5-4-3-(A), St. George City Code, for an indoor shooting range located at 214 North 1000 East. Rowdys Range and Shooters Supply, applicant.

Ron Larson, Rowdy Reed, and Colby Seegmiller advised that they represent Rowdys Range and Shooters Supply. Mesa Consulting is the architect and engineer on the project. The facility will consist of a shooting range, training facility and retail sales area. Training will include concealed carry permits, hunter safety, and possibly tactical training classes on multiple levels, NRA classes, reloading classes, and a women-only class. The range will be provided by Action Target of Provo and will be designed to handle all kinds of handguns and rifle rounds for safety. The armoring and plating requirement on the range will handle 308 rounds and up to 50 caliber rounds for handguns. All cities and local agencies throughout Washington County have been contacted and all are excited about the facility and want to utilize it. A handout was distributed showing cross sections of the target and bullet catching systems and rules to be implemented.

Councilmember Almquist inquired if this was a cooperative effort with the Shooting Park.

Mr. Larson replied that it was not, but they would welcome a cooperative effort.

Councilmember Bunker inquired about signage.

Mr. Larson replied they have not yet looked into the requirements, but their plan is to meet City requirements. Advertising will be mainly by word of mouth and through other advertising efforts.

Mayor McArthur commented that he and the City Council would like to be invited to see the facility when it is up and running.

Mr. Reed advised that he will be operating the facility full-time and will be hiring a full-time manager as well. The facility will be open 10-12 hours per day six days a week.

Councilmember Shakespeare inquired about sound barrier standards.


St. George City Council Minutes
June 3, 2010
Page Six

Mr. Reed replied that a limit of 65 decibels is very attainable.

Councilmember Nickle inquired if there would be a restriction on the caliber of weapons.

Mr. Reed replied this will be dictated by the armor plating. Military standards will be followed in design and installation.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/BUDGET:
Public hearing to receive public input on the Fiscal Year 2010-2011 budget for the City of St. George.

Mayor McArthur advised that a public hearing on the budget was held at the last regular City Council meeting. Since then the City Council has reviewed the very tight budget.

City Manager Gary Esplin advised that this is one of the most difficult budgets to bring into balance and if conditions dont improve, the City will fall behind in infrastructure and equipment needs.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit to hold a remote control aircraft show at the Remote Possibilities Model Port at 3780 South 1550 West. Darrel Jensen, applicant.

City Manager Gary Esplin explained the applicant previously received approval from the City Council to hold several special events. They would like to add one more event. Staff recommends approval.

Darrel Jensen, applicant, explained the RC Club would like to add an annual warbird event to their list of approved events to be held November 11-14, 2010. He also requested a waiver of the special event fee. He advised that all events are invitational fly-in events.

City Manager Gary Esplin advised that reoccurring annual special events will have to advertised on another agenda and approved at another date.

MOTION: A motion was made by Councilmember Pike to approve the special event permit and waive the special event fee.
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.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 25, 2010, recommended that a public hearing to consider a zone change for property located at the northwest corner of the intersection of Mesa Palms

St. George City Council Minutes
June 3, 2010
Page Seven

Drive and Tonaquint Drive from R-1-8 to PD Commercial be scheduled for June 17, 2010. The purpose of the rezone is to allow for construction of a Learning Center facility.

MOTION: A motion was made by Councilmember Bunker to set the public hearing 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 Nickle - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

LAND TRADE:
Consider approval of a land trade in the area of 1450 South River Road with Stephen Sheffield.

City Manager Gary Esplin explained this item involves a land trade with Steve Sheffield which will clear up issues with the River Road bridge and trail.

Deputy City Attorney Paula Houston advised there is still work to do on the language in the agreement and she recommended any approval be made subject to legal review.

Steve Sheffield advised that when one of the end users puts in the proposed golf facility, he will relocate the trail against the river. This is provided for in the agreement.

City Manager Gary Esplin advised that the City will abandon its interest in property deeded to Mr. Sheffield but retain utility easements.

MOTION: A motion was made by Councilmember Pike to approve the land trade subject to finalization by the Legal Department.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AMEND CAFETERIA PLAN:
Consider approval of an amendment to the City of St. George flexible benefits cafeteria plan.

City Manager Gary Esplin explained the City now offers a health care savings account for employees. The Citys cafeteria plan needs to be amended in order to allow this new health care savings account as an option.

MOTION: A motion was made by Councilmember Pike to approve amendment of the cafeteria plan 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 Shakespeare - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.



St. George City Council Minutes
June 3, 2010
Page Eight

MITIGATION BANK FEASIBILITY STUDY:
Consider approval of a mitigation bank feasibility study.

City Manager Gary Esplin explained this concept was previously discussed in a work meeting.

Joel Andrus, representing Bowen Collins, explained the study is to clean up some issues with regard to establishing mitigation sites along the rivers within the City. The study will identify ideal sites and detailed cost estimates.

City Manager Gary Esplin commented that concerns were expressed at the work meeting with regard to obligations the City would take on if there were a flood. Since that meeting Water Services Director Barry Barnum suggested that property around the treatment plant could be utilized as it is not subject to flooding. Bowen Collins has been asked to look at this area as staff thinks it is a very viable location.

Councilmember Pike inquired about funding.

Mr. Esplin replied there are funds in the sewer and water enterprise accounts and capital projects fund.

MOTION: A motion was made by Councilmember Bunker to approve the study.
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.

AGREEMENT:
Consider approval of an agreement with TURN Community Services for use of federal CDBG funds.

City Manager Gary Esplin explained that TURN Community Services received an allocation in the new budget and an agreement is needed to formalize the funding.

David Bates explained the agreement is for $7,161 to install a fire warning system at TURNs day care center for disabled persons.

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

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

The vote was unanimous and the motion carried.

TWO LOT SUBDIVISION:
Consider approval of a two lot subdivision (lot split) for a parcel of ground near the intersection of 3430 East and 2000 South. Travis Wells, applicant.

City Manager Gary Esplin explained this property has been discussed in a work meeting as a four lot subdivision. The applicant would like a two lot subdivision instead which will allow them to build the first home on one lot and sell the other. The lot to be sold will have to install improvements at the time of a building permit. Both lot owners will be required to sign a development agreement for improvements. He explained that when the sewer is within 300' of the property, the lot owners will be required to hook to it.


St. George City Council Minutes
June 3, 2010
Page Nine

MOTION: A motion was made by Councilmember Pike to approve the two lot subdivision.
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.

APPOINTMENTS:
Mayor McArthur recommended that Todd Edwards be appointed to the Hillside Review Board.

MOTION: A motion was made by Councilmember Almquist to appoint Todd Edwards to the Hillside Review Board.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the May 13, 2010 City Council meeting.

MOTION: A motion was made by Councilmember Bunker to approve the minutes as amended.
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.

Consider approval of the minutes of the May 20, 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 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.

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


St. George City Council Minutes
June 3, 2010
Page Ten

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

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

The vote was unanimous and the motion carried.




_______________________________
Gay Cragun, City Recorder