City Council Minutes

Thursday, August 19,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 19, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Ben Nickle
Councilmember Jon Pike
Councilmember Gloria Shakespeare
Councilmember Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Councilmember Gil Almquist

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Councilmember Ben Nickle. The invocation was offered by Pastor Jimi Kestin. Mayor McArthur announced that the dedication of the Catholic Church will be held next week. The first annual Clean Air Summit will be held September 9 at the College Health and Science Building, and September 11 a preparedness fair will be held at the Dixie Center. Mayor McArthur stated he recently noticed the legends and crosswalks had been painted and he recognized the Citys traffic crew for their good work.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit and road closure for the Tour De St. George bicycle race. Chris Mathisen, applicant.

City Manager Gary Esplin explained this is an annual event held downtown, finishing in Town Square. There will be 750-1000 participants. It is a great program for the community and there have been no problems in the past.

Matthew Haines explained that last spring he put on the Spring Tour De St. George. The Ironman has helped St. George and participants will double from last year. They have had to cap the number of participants at 1500. There will be 100, 65 and 30 mile options with rest stops every 20 miles.

City Manager Gary Esplin commented that staff recommends approval.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit and waiver of fees for use of the Sunbowl Arena for the Washington County School District Foundation fundraiser concert. Dawn Bloxham, applicant.

City Manager Gary Esplin explained the City has normally waived fees for the School District in the past, and the School District is a sponsor of the event. However, staff would like to know the percentage of revenue the Foundation will receive from the event.

Dawn Bloxham advised she is a member of the Foundation as well as owner of the concert promotion company. $6 of every ticket will be given back to the club who sells the ticket. Last year almost triple of what was kept was donated. There are 1100 tickets to sell. The group this year is The Maine. The concert will end at 9:30 p.m. and tickets sell for $18.

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August 19, 2010
Page Two

City Manager Gary Esplin inquired of Ms. Bloxham if she was willing to clean up after the event so the City did not have to charge a deposit or clean up fee.

Ms. Bloxham replied that they will do the cleanup and have been doing so after concerts in the Sunbowl since 2005. She advised that they will pay the PD for security as well as 15-20 National Guard members who have volunteered will provide security.

Mr. Bloxham advised they provide only family-friendly shows.

City Manager Gary Esplin advised that staff recommends approval.

Mr. Bloxham advised that $6,240 was donated to the School District last year as a result of the concert.

MOTION: A motion was made by Councilmember Pike to approve the special event permit and waive fees for the permit and use of the Sunbowl with the condition that the applicant clean up after the event and provide security.
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 Nickle - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit, road closure, and waiver of fees for the Southern Utah Down Syndrome Association fundraiser event and Buddy Walk on September 25, 2010. James McFadden, applicant.

James McFadden, applicant, explained that he is the President of the Association and this is the third year of the Walk at the Town Square. He then presented a music video of last years Walk. He stated this year they would like to walk on St. George Blvd. for one block. The National Guard will cook the hamburgers and hotdogs, and he also checked with the Fire Department.


MOTION: A motion was made by Councilmember Bunker to approve the special event permit and waiver of fees.
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

The vote was unanimous and the motion carried.

Mr. McFadden invited the Mayor and City Council to participate in the Walk. He stated he would like a City official to present a young man with an award at the Walk.


PRELIMINARY PLAT:
Assistant City Engineer Jay Sandberg presented the Sun River Commercial Center Phase 1 preliminary plat and advised the purpose of the plat is to create two commercial lots, one for future development and the other for an assisted living center.

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



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August 19, 2010
Page Three

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Assistant City Engineer Jay Sandberg presented the U.S. Bank commercial subdivision preliminary plat and advised the purpose of the plat is to combine several parcels and clean up property lines. The only issue is cross-access for pedestrians and traffic between the two lots, which will be noted on the final plat. A future business will be located on Lot 2 where there is an existing home.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat.
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

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen presented the final plat for U.S. Bank commercial subdivision and advised the zoning is C-4. He presented the final plat for Santa Maria at Sunbrook Phase 4 Amended and explained the purpose for the amendment is to clean up an overlap between two subdivisions. He presented the final plat for Bella Terrazza 2 at Sunbrook, a one unit plat, and the final plat for Hidden Valley Community Subdivision Phase 1 for a future school site.

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

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

The vote was unanimous and the motion carried.

BUILDING DESIGN CONCEPTUAL SITE PLAN:
City Planner Ray Snyder presented the building design conceptual site plan for an assisted living facility in Sun River called The Retreat Assisted Living at Sun River. This is a permitted use. A three year land option has also been obtained in an adjacent parcel. One two-story building with 48 units is proposed consisting of 36 assisted living units and 12 Alzheimer units. The applicant also proposed space inside the building for a physicians office and for in-home services for other residents of Sun River. 20 parking spaces is required and they have provided 24. The applicant has provided colored renderings of the building with cultured stone samples and samples of the synthetic stucco.

David Gardner, representing Sunbelt Properties, advised that he is the project manager. Home services will be provided to the Sun River community consisting of meal delivery, transportation, housekeeping, and possibly 24 hours emergency assistance. They would like to break ground in November. Their primary market is the southern half of St. George including Bloomington and Sun River.

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

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August 19, 2010
Page Four

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

The vote was unanimous and the motion carried.

FBO LEASE:
Consider approval of an FBO lease at the new airport. Jobi Venuti, applicant.

City Manager Gary Esplin explained that even though everything has not been worked out, staff feels they are close enough to recommend approval of the lease. The lease will be for 30 years at 18 per sq. ft. where the building sits and 30 per sq. ft. for the other lease area for tiedowns, etc. The applicant may in the future want to lease additional property. He recommended approval of the lease subject to the City Attorney working out the final details.

Jobi Venuti, applicant, explained the large hangars will be fully completed when the airport opens, but the office probably wont be completed until 60 days after the airport opens.

City Attorney Shawn Guzman advised the lease calls for payment one year in advance.

MOTION: A motion was made by Councilmember Pike to approve the lease subject to the final details being worked out with the Legal Department.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carrid.

PUBLIC DEFENDER CONTRACT:
Consider approval of a public defendant contract with Lamar Winward.

City Attorney Shawn Guzman explained that Jay Winward has been authorized to sign the contract on Lamars behalf.

City Manager Gary Esplin stated that the Citys increased workload has created the need for a public defender. He recommended approval of the contract.

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

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

The vote was unanimous and the motion carried.

LINE EXTENSION AGREEMENT:
Consider approval of a line extension agreement for Fire Station #8 with Dixie REA.

City Manager Gary Esplin explained the cost of the project is $127,405.50 after trading a transformer and other equipment with Dixie REA to lower the cost. This amount also includes some extra in case they hit rock, but will be refunded to the City in the event they do not.

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

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August 19, 2010
Page Five

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider a request to amend the Planned Development Commercial zone for the Sunbrook Ranch development at 415 South Dixie Drive by adding additional indoor and outdoor commercial uses to the list of permitted uses. Marv Blosch, applicant.

City Planner Craig Harvey explained the current list of uses for this PD was approved in 2008. The site is located next to Mathis Park on Dixie Drive. It was originally developed in the 1970's as light industrial manufacturing. He then reviewed the site history, purpose, and proposed uses. The Planning Commission felt the uses were low impact and recommended approval.

Mayor McArthur opened the public hearing.

Jack Wood, a resident on Parkside Cr., invited the Mayor and City Council to drive down his street and try to get onto Dixie Drive. He suggested the applicant should be made to move the road to line up with the intersection.

City Manager Gary Esplin explained that the access by the Villas is right-in only. He stated the intersection needs to be lined up before anything is done.

Mr. Wood stated there is no sight distance on the left coming out from his street.

City Manager Gary Esplin stated he would look at that.

Virgil Beck expressed objection to the proposed RV storage and U-Haul rentals. He stated as a landowner he is not allowed to park his own boat in his driveway and he cannot see why this principle is different for the applicant.

Neal Nelson, a resident on Mathis Park Place, expressed objection to the RV parking and trailer rentals. He stated the U-Hauls have already been parked there for several weeks.

Mayor McArthur replied that this is not allowed.

City Manager Gary Esplin commented that the applicant could park them, but not rent them, as there is storage capacity in the M-2 zone.

City Attorney Shawn Guzman replied that the original approved uses would have to be looked at. He stated he did not think Code Enforcement was aware the applicant was doing that.

Mr. Nelson advised there are also autos from a dealership parked there.

City Manager Gary Esplin replied that the City approved the parking of the cars there on a temporary basis, but there has never been approval for rental of U-Hauls there.

Mr. Nelson inquired about the present zoning.

Mayor McArthur replied the zoning is PD which includes specific uses.

City Manager Gary Esplin advised the property used to have M-2 zoning, but the City Council felt a PD zone with approved uses was a better compromise. The applicant is now requesting more uses.

Mr. Nelson stated that RV storage is not allowed in the M-2 or C-1 zones, and neither are swap meets or flea markets. An RV storage area is a potential deteriorating contribution to an otherwise beautiful area.


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August 19, 2010
Page Six

Ruth Brett commented that the Dixie Drive area is deteriorating, as trees used to fence the property but many have died. Additionally, a yard light shines into a neighbors bedroom. There used to be grass in front of the building, but this also is gone.

Bob Secudo, a resident on Parkside Cr., commented the applicant built a 6' block wall between his and other properties which has helped. He expressed concern about overflow parking to the north which is just dirt and will cause dust. He expressed concern about the degeneration of the neighborhood and safety of streets and dust and dirt.

Larry Skelton, a resident on Parkside Cr., expressed concern that trying to get out onto Dixie Drive in either direction is scary and something needs to be done, especially if there is more traffic next door. He stated there are already swap meets and flea markets in existence, and the U-Haul trucks have been there for months. He advised the definition of a bistro is a small restaurant which serves wine, a nightclub or a bar.

Marv Blosch, applicant and owner, explained these are tough times, and when he painted the picture to the City Council two years ago of an assisted living center, it was his intention to do so at the time. He stated he is trying to preserve that original vision
and wants to build senior housing but cannot get HUD funding. He stated he is trying to make a tough property work, and while he respects the neighbors comments, the bottom line is what is proposed. He stated he feels the proposed uses are compatible with the original plan. The RV parking area is asphalted and is one third of an acre or about 2% of the site. Each stall will be rented for $160 a piece and no one with rusty boats or motor homes or junk will rent the space at that rate. He stated his expenses run $38,000 a month and he doesnt bring half that amount in. He stated if the neighbors are concerned about what happens at the site, they should work with him in bringing other uses in to cover his costs. He stated there is nothing going on with senior housing right now and in general the business has been shut down. He stated with regard to the U-Hauls, he got the cart before the horse, but he saw that as a benign use and there is no impact. He stated he had no problem with keeping the U-Hauls in the back for aesthetics or limiting the number of U-Hauls. He stated he would not mind if the City Council said to try it for one year and see if it works. He stated that RV parking is compatible with senior housing as many seniors have their own RVs and like to travel. Many subdivisions do not allow the parking of RVs in the front yards and RV parking is a positive for the neighborhood. The road is right-in, right-out only and he felt it would be helpful to have a second exit to the property, but it is not a requirement and he is willing to give it up. The zone is a mixed-use PD zone. To his knowledge other than two trees that were dead, he has not removed any trees. He stated he met with a tree trimmer today and there are 50-60 trees on both sides of the property. A couple of pines in the front have died. He stated he put up block walls last year for the neighbors as requirement of the zoning. The concern with traffic on Dixie Drive is a legitimate issue, and the City may want to look at lowering the speed limit in this area. He stated he had no intention of serving wine in the bistro.

Councilmember Shakespeare inquired where the water would come from for the community garden.

Mr. Blosch replied he did not know as there is no special allotment of water there.

Councilmember Bunker commented she was struggling with the RV and truck rental use. She inquired of Mr. Blosh if he could make a profit with other uses.

Mr. Blosch replied that if RV parking is not allowed, this will put him further out from
covering his bases. He stated that RV parking is not onerous, does not make noise, and does not generate a lot of traffic. He stated that the M-2 zone does allow truck terminals. He stated he had no problem with trying it for six months or a year to see if it is offensive.

City Manager Gary Esplin commented it is not realistic to say that a truck terminal would have been allowed in this area. He stated his biggest concern is the traffic on Dixie Drive. He stated that originally the uses proposed were associated with the assisted living center. He stated his concern is if more uses are added, this will cause more congestion on Dixie Drive, especially without the connecting road that lines up with the intersection. He stated he could understand allowing more uses if that connection were made, but it appears it is not economically feasible to do so. He stated the bigger


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August 19, 2010
Page Seven

concern is that RV parking and trailer rentals were not originally intended as part of the PD zone and they will exacerbate the problem with traffic.

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

Councilmember Shakespeare commented she felt a flea market would also cause more traffic problems and the City Council should be sensitive to the neighborhood and quality of life.

Councilmember Pike commented he felt a flea market would bring more traffic than he would like to see, but the other indoor uses were fine. He stated the RV storage might be OK if it was located further in the back, but he had a problem with the U-Haul rentals.

Councilmember Bunker commented that while she didnt agree totally with the request for a flea market, it would be a draw for the other businesses. She suggested it could be tried to see if there is a problem with traffic.

City Attorney Shawn Guzman advised that if the owner is willing to agree to try the flea market on a trial basis, he could draw up something.

City Manager Gary Esplin suggested that the applicant reposition the RV parking on the site and come back with a proposal to see if it can work.

City Attorney Shawn Guzman advised that it is illegal to park on dirt, and the Bloomington RV storage area is a non-conforming use.

Mr. Blosch advised there is nowhere else on the property that he would want to park the RVs as there is only one area with asphalt.

MOTION: A motion was made by Councilmember Bunker to approve the request to amend the PD with all the proposed uses except for the RV storage and U-Haul rentals.
SECOND: The motion was seconded by Councilmember Nickle.

City Attorney Shawn Guzman clarified this motion prohibited the rental and sales of trucks and trailers.

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

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

The motion carried.

PUBLIC HEARING;AMENDED FINAL PLAT:
Public hearing to consider approval of the amended final plat for Shadow Mountain Townhomes.

Todd Jacobsen presented the amended final plat for Shadow Mountain Townhomes. He advised the project is located at 1210 W. Indian Hills Drive and the zoning is PD. The purpose of the amendment is to combine Lots 26 and 27 along with some common area to make it into one new lot. Easements associated with the common area will be abandoned as well.

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

Councilmember Pike - aye
Councilmember Bunker - aye

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August 19, 2010
Page Eight

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
Appointments to various boards and commissions of the City.

Mayor McArthur recommended that Char Heitkotter and D. L. Ashliman be appointed to the Art Museum Board.

MOTION: A motion was made by Councilmember Nickle to appoint Char Heitkotter and D. L. Ashliman to the Art Museum Board.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the July 22, 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 Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the July 29, 2010 City Council meeting.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the August 5, 2010 City Council meeting.

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

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

The vote was unanimous and the motion carried.



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August 19, 2010
Page Nine

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

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

The vote was unanimous and the motion carried.



____________________________
Gay Cragun, City Recorder