City Council Minutes

Thursday, December 2,2010



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 2, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gil Almquist
Councilmember Jon Pike
Councilmember Gloria Shakespeare
Councilmember Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Judith Mayfield

EXCUSED:
Councilmember Ben Nickle

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. Councilmember Almquist led the pledge of allegiance to the flag. The invocation was offer by Councilmember Shakespeare. Mayor McArthur mentioned the Dickens Festival at the Dixie Center and greeted all in attendance with a Happy Christmas. Mayor McArthur stated that there was an Addendum to the City Council Meeting.

AWARD OF BID:
Consider approval of a supplemental agreement with Quality Excavation to pave the east VSR road from the FBOs to the fuel farm.

City Manager Gary Esplin explained that the paving is necessary to avoid rocks being thrown due to unpaved road into the aircraft departing and arriving areas. He stated that there have been dollars saved from other contracts that have not been as much as anticipated along with federal grant money. He recommended approval.

Purchasing Manager Connie Hood stated that the cost for paving the east VSR road from the FBOs to the fuel farm would be $326,603.25 with Quality Excavation.

Councilmember Bunker asked why the expense wasnt in the original budget.

City Manager Gary Esplin explained that as the airport has come closer to completion they have been able to determine how much had been saved up to this point. He stated they have used the extra dollars to pave the FBO and GA areas which hadnt been in the original budget.

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


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Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT/FEE WAIVER:
Consider approval of a special event permit and fee waiver for use of Town Square for the Prayer Over the City event on January 1, 2011. Jimi Kestin, applicant.

City Manager Gary Esplin explained the event has been well attended and is a good use of the Town Square. He recommended approval.

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

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion carried.

LAND DONATION:
Consider approval of a request from Ence Brothers Construction, Ence Properties, Pathway Holdings of Utah and Primrose Pointe Properties for a land donation to the City of St. George for five (5) separate parcels of property.

City Manager Gary Esplin stated that this was an opportunity for the City to accept a donation from the various groups mentioned on the Addendum. He asked one of the representatives making the request to come forward and explain the donation.

Mr. Vince Clayton explained there are five (5) properties along the Middleton Wash by the Primrose area that are of no utility to Primrose Pointe. He went through a power point presentation that showed the various parcels and their location in relation to Primrose Pointe.

Mayor McArthur asked if the donation included the landscaped areas.

Mr. Clayton stated that it did not include the landscaped areas and those would continue to be maintained by the current owners. Mr. Clayton explained that another parcel was located off Riverside Drive immediately to the east of the Rio Plaza. He stated the parcel buffers the City trail. He said there are six separate parcels in 5 deeds.
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Page Two

Mr. Tracy Ence thanked the Mayor and Council Members for allowing them to come in and make the presentation. He said the ground is a great benefit to the trail system and thanked the City for accepting the donation.

Mayor McArthur said that one of the main reasons people enjoy the St. George area is because of the trails and he thanked Mr. Ence making the donation.

MOTION: A motion was made by Councilmember Almquist to accept the six (6) parcels in the five (5) different deeds that were prepared by Ence.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion carried.

Councilmember Almquist stated it was important to note that when they first came to the Hillside Board on the Primrose project they made some concessions on the south end of the property and voluntarily left the area in a natural setting.

City Manager Gary Esplin said it was also important to recognize the positive impact the Ence companies have had on the community through housing and employment opportunities. He thanked them for the donation and said it was a sign of their community spirit

Mayor McArthur asked several students to come to the front and state why they were in attendance. The five (5) young people stated they were working together on a paper about the City Council meeting and were members of Ms. Stuckis and Mr. Meadows classes.

PRELIMINARY PLAT:

Ray Snyder, City Planner stated this was a preliminary plat request for Firenze subdivision, located on 950 South between 2890 and 3000 East. He said the property was rezoned from A-20 to R-1-10 in September of 2005 and this is a re-approval of a preliminary plat with changes. The original subdivision was approved to create fifty-four 54 lots. This new request is to create sixty-four (64) single family residential lots. He explained the subdivision proposes an alternative to traditional minimum lot sizes but the overall density would remain approximately the same. The project proposes to be 64/20.32 = 3.1496 = 3.15 du/ac which is less than the maximum of 3.2 allowed for the R-1-10 zone and would be permitted. Mr. Snyder said the subdivision falls within the lot frontage requirements and they would verify all lot widths during the plan reviews. He said the exterior or perimeter lots would need to be consistent with abutting developed lots however there are no developments abutting the lots on the north, west or east and the lots along the south are smaller R-1-20 lots therefore

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it is in compliance. He stated the Lot Size Averaging applies to new subdivisions which this subdivision is and the smaller lots will be dispersed throughout the subdivision. He explained it would be subject to approval of the planning commission and city council and open space and/or trail easements may be included in the subdivision density calculations. However, there is no public trail on the subdivisions side of 3000 East but there will be one on the east side of the subdivision where there is an equestrian trail. The Planning Commission recommends approval.

Councilmember Almquist asked what the requirements would be along 3000 at the rear of those lots.

Mr. Snyder said there would be a requirement for a 6 foot wall and there wouldnt be any vehicular access in or out.

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

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion carried.

PRESENTATION OF THE 2010 FISCAL YEAR AUDIT:

Ken Hinton stated his purpose for attending the council meeting was to announce the completion of the Citys 2010 financial and single audits. He said the audited financial statements contained the auditors opinions on the financial statement as well as on state compliance and federal compliance. He explained that each of the opinions are once again clean opinions which means the financial statements are fairly presented in all material respects and they found no non-compliance with either federal or state laws. Mr. Hinton thanked Mr. Peterson, Mrs. Brklacich, and Ms. LaJoice along with others for their help and assistance.

Councilmember Almquist asked if there were any changes in the federal reporting requirements with regard to timelines or anything else that hadnt needed to be addressed last year.

Mr. Hinton stated there were a number of federal compliance requirements that changed this year due to the stimulus funds that were received. He explained the City had received five different sources of recovery act monies and each came with their own special new


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requirements that they never had to deal with before. He said that all of the City staff that were in charge of the projects were up to speed and were complying with the requirements.

TIME EXTENSION OF A CONDITIONAL USE PERMIT:
Consider approval of a request for a time extension of a conditional use permit to construct a four story office building to exceed 35 in height at 1100 East between Tabernacle and St. George Blvd. in a C-2 zone. Mark Dickerson, applicant.

City Planner Ray Snyder explained this is a second request for an extension of time for an expired conditional use permit to construct one (1) four (4) story office building that would exceed thirty-five (35) feet in height. The building would be a professional medical office building with an adjacent underground parking structure. The applicant is requesting a two (2) year extension due to the slow economic conditions.

MOTION: A motion was made by Councilmember Almquist to approve a two (2) year extension of a conditional use permit as requested.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit to add an eighteen (18) foot tall RV garage to an existing detached accessory building at 3557 South 1550 West in the Casa Grande Subdivision located in an RE-12.5 zone. Jim Gregorius, applicant.

City Planner Craig Harvey said the zoning is RE-12.5 and referred to an overhead picture of the property. He explained the garage would be approximately five feet (5) from the back property line and ten feet (10) from the side yard property line. He stated the RE-12.5 zone doesnt have a set back requirement like the R-1 zones but instead says that accessory buildings cannot be closer than ten feet (10) to any adjacent building. Mr. Harvey said the closest building would be twelve feet (12) away. He said the Planning Commission recommended approval with the following conditions:

1. The garage is being added onto a detached shop that has a roof height of 21. The roof height of the RV garage (18) will be shorter than the shops roof.




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2. The structure will be located one hundred and forty-five feet (145) from the primary structure, ten feet (10) from the side yard property line and five feet (5) from the rear property line.

3. JUC approval; the JUC has reviewed and approved the location.
4. Bloomington Architectural Control Committee approval; per the applicant the Bloomington Architectural Control Committee has signed approvals on the construction plans (for Building Department).

5. The RV garage will match the existing accessory structures exterior finish materials and colors.

Councilmember Bunker asked if any of the neighbors were notified of the request.

Mr. Harvey stated they had been notified and that he received one comment in favor of the request.

MOTION: A motion was made by Councilmember Shakespeare to approve the conditional use permit as recommended by the Planning Commission and with the conditions stated.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion.

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit to establish an auto salvage yard in an M-1 zone at 477 North Industrial Road. Bruce Labrum, applicant.

City Planner Ray Snyder explained the intent of the business is indoor parts retrieval after the vehicles are dismantled. He said there would be some items on the site and referred to an aerial picture of the building. He pointed to an area at the back of the building that would be storage for crushed cars that would be removed periodically by a steel recycling company. He stated in another area in the back they would keep cars for miscellaneous parts. He explained under the ordinance in a M-1 zone they would need to screen the property if they have anything stored in the yard or vehicles that are disabled. He said Industrial Boulevard is lower than the site so the six foot (6) wall would be up on the property and would screen anything stored behind it. Mr. Snyder said the business is not the typical junk yard because their intent is to get the vehicles in, get them broke down and keep the parts moving. They

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December 2, 2010
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work on vehicles that are 5 10 years old; nothing older. Mr. Snyder showed a picture of the street and landscaping in front of the building and explained that because of it being a conditional use permit the council may want to require the applicant to put in some street trees. Mr. Snyder referred to another picture showing some areas of damaged road in front of the building and explained that the Planning Commission felt this was something that should be repaired in the future. Mr. Snyder began to read through the staff report.

Mayor McArthur asked why the applicant couldnt have an eight foot (8) wall if he was willing to build it rather than a six foot (6) wall.

Mr. Snyder said the height of the wall was limited to six feet (6) in the M-1 zone per code.

There was general discussion about the height of the wall.

City Attorney Shawn Guzman stated the purpose of the code was to have the wall screen what was lawfully going on behind it. He said the difference in typography and grade could be looked at to see if a variance would be permitted but otherwise they would have to follow the code.

Mr. Snyder continued to read the staff report and findings.

The applicant Mr. Bruce Labrum stated that he was not opposed to only stacking the cars two (2) high which would keep them at six feet (6). He said that the type of salvage yard he runs in Salt Lake City is on a 2.5 acre site and is very similar to what is being proposed. He explained the reason they keep 27 cars before they are hauled away is because the steel company that hauls the cars away for recycling requires that number to make a pickup.

Councilmember Almquist wanted Mr. Labrum to acknowledge that there wouldnt be any abandoned cars left outside of the enclosed yard. He also asked Mr. Labrum to verify that all of the vehicles received could be tracked so there wasnt a possibility of it being a chop shop.

Mr. Labrum stated that they wouldnt have any salvage cars outside of the fenced area and that they used a national tracking system that was required by law to make sure the cars had proper registration.

There was discussion about the need for the street in front of the building to be repaired and also improving the landscaping in the front of the building.

City Manager City Esplin said the road repair would be the responsibility of the City.

Councilmember Pike asked the applicant if he would be willing to maintain trees in front of the building if the City would work him on the project.

Mayor McArthur said that the City could provide the trees.

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December 2, 2010
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Mr. Labrum stated he would be willing to maintain the landscaping if the City would provide the trees.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit as recommended by the Planning Commission with the conditions stated except for a change to Condition #2 to limit the number of stacked vehicles to two (2) rather than three (3) and that the applicant work with City staff on mutually acceptable landscape plan for the front.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion.

REIMBURSEMENT AGREEMENT:
Consider approval of a reimbursement agreement with Corry Development for area drainage made in connection with the Foothill Commons development at 2330 South River Road.

Engineering Services Manager Jay Sandburg explained Beehive Homes is building a home out on River Road on a three (3) lot subdivision that was approved not too long ago. He stated as to finish the improvements they had to do a lot of drainage and flood control. The City looked at the area and changed some pipe sizes to cut the costs to the developer and found a way for the City to share in the costs and take care of some of the problems the City was having out in the area. The Citys contribution would be $17,132. Staff recommends approval of the reimbursement agreement.

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

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion.




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Page Nine

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from RCC to C-4 on .79 acre located between 163 North and 200 North on 300 West and 321 West on 200 North Street. David McGuire, Greg Collingwood, Laura Hansen and Karl Davenport, applicants.

Community Development Projects Coordinator Bob Nicholson referred to a photo of the properties and stated parcels 1, 2 & 3 were located on the west side of 300 West and the fourth parcel fronts on 200 North. Mr. Nicholson referred to a zoning map and stated the red areas were zoned C-4. He explained the 4 lots are contiguous and total 0.79 acres. The property to the west is the Catholic Church and to the south is Dixie Care & Share. The applicants state it is very difficult to sell their property for residential use given the adjoin land uses. Mr. Nicholson said the City has rezoned some property along 200 North Street for commercial use and believes the request is reasonable given the surrounding land uses and trends along the south side of 200 North. He said the Planning Commission recommended approval.

Mayor McArthur said commercial zoning fits the Citys plan for 200 North.

Mr. Kent Sundberg a representative for the applicants stated there is no viable market for residential use for the four (4) properties. He said it would be a good fit if it were zoned commercial.

Mayor McArthur opened the public hearing.

Ms. Liz Smith stated she lives at 350 West 200 North. She said she doesnt have a problem with the properties being commercial but expressed concerns about the possibility of Dixie Care & Share acquiring the properties and expanding their services which would lead to more people coming in and out of the neighborhood. She stated she has small children and doesnt want to have transients coming and going right across from her front yard.

Mayor McArthur asked if Dixie Care & Share is a permitted use, conditional use or commercial use.

City Attorney Shawn Guzman said that his first thought was that Dixie Care & Share is nonconforming and therefore would have to come in and ask to expand and they dont allow nonconforming uses to expand so they would be denied.

Councilmember Bunker stated that she is on the Dixie Care & Share board and she could assure Ms. Smith that the organization doesnt have the money to buy the properties around it and it wants to find a different location.

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



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Page Ten

MOTION: A motion was made by Councilmember Bunker to approve the request for the zone change for the four (4) properties.
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 Pike aye

The vote was unanimous and the motion.

PUBLIC HEARING/REQUEST TO ABANDON A PUBLIC UTILITY AND DRAINAGE EASEMENT/RESOLUTION:
Public hearing to consider a request to abandon a public utility and drainage easement located between Lots 2 and 3 of the Bloomington Ranches No. 7 subdivision at 477 W. Saratoga Drive. Terry and Mary Farris, applicants.

Project Manager Todd Jacobsen stated the requested easement abandonment is to allow the applicants to put on addition on their home and not encumber the existing easement. He said there are currently no utilities in the easement. He referred to a photo of the property and explained that the easement is being shifted over approximately thirteen feet (13).

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 request to abandon a public utility and drainage easement.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion.

PUBLIC HEARING/AMENDMENT TO CITYS GENERAL PLAN/ORDINANCE:
Public hearing to consider a request to amend the Citys General Plan for 1,800 acres in the Tonaquint area, generally located between Green Valley to the north and Bloomington to the south. City of St. George and SITLA, applicants.

Community Development Projects Coordinator Bob Nicholson went through a short power point presentation while he explained that all of the property within the Tonaquint Area Land

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Use Plan is currently outside the city boundary. He said that they had been working with SITLA and Kyle Paisley, a representative from SILTA was in attendance. He stated the SITLA property represents the vast majority of the area but pointed out that Orwin Gubler owns farm land between Indian Hills Drive and Dixie Drive and Burton Burgess owns land west of Dixie Drive. Approximately half of the land area (1,159 acres) is proposed to remain in open space, primarily in the present natural condition with some developed parks scattered through the area. He referred to several pictures and maps to show that much of the land area consists of rugged, rocky hillsides with large boulder formations. He said the natural area presents outstanding recreational opportunities and may trails are currently located along the western slope of the area which is also used for hiking and climbing. SITLA has agreed that much of the area should remain as natural open space but would like another entity such as the City to take management responsibility for the open space area. The developable acreage is approximately 528 acres and the primary land use is for residential development with some neighborhood commercial areas, parks, schools and churches. Mr. Nicholson stated the plan accommodates both low density and medium density residential neighborhood which will provide a full range of housing needs. He said the school district had expressed an interest in location a 50-acre high school/middle school campus in the area and referred to a tentative site on the plan. He briefly described a conceptual road plan, land use plan and utility plan and stated more detailed information is in the Land Use Plan.

Mayor McArthur stated he like the fact that there are about 1200 acres of open space compared to a much smaller amount for residential and trail use.

Mr. Nicholson complimented SITLA for their cooperation as a joint applicant and recognized several other individuals who worked on the project. invested money into the Bob talks about the cooperation with SITLA and mentions several individuals who have helped with the plan.

Councilmember Pike asked who owns the open space.

Mr. Kyle Paisley from SITLA stated he want to thank the City staff for their cooperation during the entire process. He explained that they took the time over the past two (2) years to meet with user groups of the open space to identify the various uses. Mr. Paisley addressed Councilmember Pikes question and stated that ownership would remain in SITLA hands for the time being.

Councilmember Shakespeare thanked Mr. Paisley for taking the time to meet with the different groups that use the area for recreational purposes.

Councilmember Almquist asked Mr. Paisley to differentiate between the SITLA property below Fort Pierce in the White Dome area where the area has been closed off and the Tonaquint area.

Mr. Paisley stated there were a couple of components to closing that area. He explained one component is mitigation for the Southern Parkway. Another factor is that a portion of the

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land is owned by UDOT and the rest of the area is being purchased by the Nature Conservancy. He said by working with the Nature Conservancy they were able to get value for the property and keep it as open space. It met both mitigation and conservation standards. Mr. Paisley stated that he believed the Nature Conservancy would be allowing hiking in that area sometime in the future.

Councilmember Almquist asked Mr. Paisley if the Tonaquint area would be limited to non-motorized activities.

Mr. Paisley replied that it hasnt officially been closed off to motor vehicles. He explained that it hadnt been an issue up to this point and if did become an issue than they would address it at that time.

Mayor McArthur opened the public hearing.

Mr. Ed Baca said he was a concerned citizen. He asked if the school district had been contacted regarding their willingness and desire to build a high school in the area.

City Manager Gary Esplin said they are setting aside the land as part of the master plan.

Mr. Paisley replied that originally they had not contacted the school district but then the school district contacted them about the possibility. He concurred with Mr. Esplin that at this time it was just a part of a general plan. He said they wanted to make sure that the City was aware that could be a use in the future so it was properly planned for. He explained that they meet with the school district quarterly to make sure they are up to date with their future needs and plans.

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

Mr. Esplin reiterated this had been a cooperative project involving several City departments and SITLA and stated that it is one of the best plans that had been proposed.

MOTION: A motion was made by Councilmember Almquist to approve the request to amend the Citys General Plan for 1,800 acres in Tonaquint area.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike aye
Councilmember Bunker aye
Councilmember Shakespeare aye
Councilmember Almquist aye

The vote was unanimous and the motion.



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APPROVAL OF MINUTES:
Consider approval of the minutes of the November 18, 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 Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Pike aye

The vote was unanimous and the motion.

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

Councilmember Pike aye
Councilmember Bunker aye
Councilmember Shakespeare aye
Councilmember Almquist aye

The vote was unanimous and the motion.

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

Councilmember Pike aye
Councilmember Bunker aye
Councilmember Shakespeare aye
Councilmember Almquist aye

The vote was unanimous and the motion.


______________________________ ______________________
Judith Mayfield, Deputy City Recorder Date