St. George


City Council

Thursday, October 21,2010
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 21, 2010, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Jon Pike
Councilmember Gloria Shakespeare
Councilmember Ben Nickle
Councilmember Gil Almquist
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 Gloria Shakespeare and the invocation was offered by Pastor Jimi Kestin. Mayor McArthur announced that the Book Fair started last night.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming every Friday in October as Wear Pink Day in the City. He then presented the proclamation to Deb Christensen, who then introduced Dr. Dawson. He advised that breast cancer screenings have fallen off within the last two years during these tough economic times. Ms. Christensen advised there is federal funding for mammograms for women who have no insurance or are under-insured.

Leisure Services Director Kent Perkins read the names of the 24 City employees who ran in the marathon. The Mayor and City Council then congratulated them.

Mayor McArthur invited Scouts in the audience to introduce themselves.

CONSENT CALENDAR:
Consider approval of the financial statement for September, 2010.

City Manager Gary Esplin explained the budget is still in the black.

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

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

The vote was unanimous and the motion carried.

CONTRACT:
Consider approval of a contract with Tom Holdman for a stained glass window for the Replacement Airport terminal.

Gary Sanders advised the amount of the contract is $15,995.

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

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

The vote was unanimous and the motion carried.


St. George City Council Minutes
October 21, 2010
Page Two

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised the Planning Commission, at its meeting held October 12, 2010, recommended that a public hearing be scheduled for November 4, 2010 at 5:00 p.m. to consider a zone change amendment to the PD Commercial zone located at 1490 East Cr. at 1450 South. The purpose of the amendment is to add a convenience store to the list of permitted uses within the development and to review the design and site plan for a proposed 4,000 sq. ft. retail building. Shefco Ltd. is the applicant.

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

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

The vote was unanimous and the motion carried.

Mr. Nicholson advised this is the site of the former modular Town and Country Bank. He stated that the Planning Commission will soon begin public hearings on the Tonaquint area land use plan. SITLA owns 90% of the land and it is all outside City boundaries. Staff has been working with SITLA on an annexation petition. The first public hearing before the Planning Commission will be held November 9.

EASEMENT ABANDONMENT/LOT LINE ADJUSTMENT:
Todd Jacbosen explained the City has received a request for a lot merger located at Lot 2 of Bloomington Ranches No. 7. The applicant would like to purchase City property
(an equestrian easement) to add a three car garage, and to meet zoning and setbacks, he needs to acquire 20' of the City’s property. He is in the process of having the 20' easement appraised. Action is needed to combine the two lots and authorize sale of the City-owned property.

Councilmember Almquist inquired if the equestrian easement was no longer needed.
Mr. Jacobsen replied a block wall has been placed across the back of the easement so it is unuseable. The request has been reviewed and approved by all City departments.

Deputy City Attorney Paula Houston advised that Laura Taylor of the Parks Department says the easement is not needed as a footpath.

City Manager Gary Esplin suggested that approval be made subject to review of the appraisal amount to make sure it is in line with past sales of City property.

MOTION: A motion was made by Councilmember Pike to approve the lot line adjustment and sale of the City’s 20' strip of property subject to the appraisal amount and other legal matters.
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.

LOT LINE ADJUSTMENT:
Todd Jacobsen explained the City has received a request to adjust lot lines on Lots 70, 71 and 72 of Riverside Heights Plat “G” and Lot 20 and 21 of Millcreek Industrial Park. The property address is 2940 East between 160 and 186 North. 6' of the property is owned by the City and there is a future park planned for this site. The owner of three

St. George City Council Minutes
October 21, 2010
Page Three

lots in the Riverside Heights Plat G purchased a 6' strip from the City, and now the applicant wants to do the same.

Mayor McArthur advised that the Parks Department and staff have no problem with the request because precedent has been set and this will not affect the park.

MOTION A motion was made by Councilmember Bunker to approve the lot line adjustment subject to the appraisal value.
SECOND: The motion was seconded by Councilmember Shakespeare.

Deputy City Attorney Paula Houston advised the City will retain the easements. The applicant cannot build any structure over the easements, but can build a wall.

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.

LOT SPLIT:
City Planner Ray Snyder explained the City has received a request to split a 3.462 acre parcel located at the northwest corner of Red Hills Parkway and Industrial Road into two commercial lots for the Red Hills Parkway Commercial Center. The intent is the split the parcel down the center to create east and west parcels. The owner would like to build a commercial building and will install infrastructure and make improvements to the road. The site is already zoned commercial.

MOTION: A motion was made by Councilmember Shakespeare to approve the lot split.
SECOND: The motion was seconded by Councilmember Nickle.
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.

LOT SPLIT:
City Planner Ray Snyder explained the City has received a request to split an existing lot (Lot 2 of Tonaquint Hills Phase 1) to create a .97 acre parcel for UTRE Holdings LLC, the owners of an existing call center. The split is to accommodate parking across the street from the proposed expansion of an existing building. The site is zoned PD Commercial. The Legal Department is not opposed to the lot split, subject to three conditions: (1) the parties to the sale must comply with the minor subdivision requirements of the City Code and Utah Code before the metes-and-bounds descriptions of the new parcel and the remainder parcel can be recorded; (2) appropriate documentation tying the new parcel to Lot 2 for parking, so that the two cannot be conveyed or sold apart from one another, must be prepared and recorded with the new metes-and-bounds descriptions, and is subject to the approval of the City’s Legal Department; and (3) the intended use of the new parcel must be considered and approve by the St. George Planning Commission. The Planning Commission recommends approval of the lot split.

Councilmember Shakespeare inquired about landscaping the parking lot.

Mr. Snyder replied that the City Council can require a site plan review.

City Manager Gary Esplin advised that the parking lot requirements are tied to the same project and the requirements will be the same.

St. George City Council Minutes
October 21, 2010
Page Four

MOTION: A motion was made by Councilmember Bunker to approve the lot split subject to the three recommendations of the Legal Department and the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Pike.
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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an indoor ice skating rink at 3146 East Deseret Drive. Mike England, applicant.

City Planner Ray Snyder explained the ice rink will be called Zion Ice. It is located in an M-2 zone in the Millcreek Industrial Park. An application was previously approved for this site for one ice skating rink and the corresponding number of parking spaces. The applicant is now different and would like two national hockey league rinks. They need 122 parking spaces for the two ice rinks. The applicant feels they can increase the parking on site and feels 110 spaces is adequate. The Planning Commission recommends approval subject to the following conditions: (1) limit occupancy to a maximum of 300 occupants at one time; (2) the site is approved for two ice skating rinks if 110 legal parking spaces can be provided, if not, then only one rink is permitted; (3) the applicants shall obtain a City business license; (4) existing outside lighting shall comply with dark sky lighting design; additional outside lighting shall be added to the front of the building and shall also comply with dark sky lighting design; (5) a site plan review application shall be submitted for plan checking; (6) signage shall be under a separate permit; and (7) compliance with the CUP findings. Mr. Snyder stated the applicant will have to demonstrate that all parking is on site.

Mike England, applicant, advised they attempted to open a rink last year but because of the economy could not raise enough money. The tent structure that opened downtown was accepted very well and saw 50,000 patrons in 102 days. They have applied to the College and have the College has approved the ice rink as a club sport. They would like to open in May or June and plan to be open year-round. He stated their only busy times will be the evenings and Saturdays, when all the adjacent businesses will be closed.

Councilmember Almquist inquired about an after-hours parking agreement.

City Manager Gary Esplin commented that there is lots of parking in the area.

MOTION: A motion was made by Councilmember Almquist to approve the conditional use permit together with making improvements to the rear of the building, and subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Pike.
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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for wireless cell phone towers next to the City water tank on the hillside south of the Desert Hills Subdivision. Verizon Wireless, applicant.



St. George City Council Minutes
October 21, 2010
Page Five

City Planner Ray Snyder explained the applicant would like to place three 38' tall communication towers around the water tank located on the hillside at 3665 South River Road. The site is zoned Open Space and PD. There are two water tanks on the hillside and they would like to use the smaller water tank site. They originally wanted to mount the towers on the water tank but could not do so. The applicant worked with SITLA to lease space for the three towers. The towers will be placed 4' from the tank, no higher than the tank, and from the distance it will look like they are part of the tank. The Planning Commission recommended approval.

Councilmember Nickel inquired if the water would affect the coverage.

Connie Miskit, representing the applicant, replied that it should not as each sector is pointing away from the water tank.

City Manager Gary Esplin commented that SITLA owns the property and the City leases property for the tank only.

Ms. Miskit stated that revenue from the tower lease is being split 50-50 between SITLA and the City. Coverage in the Ft. Pierce Industrial Park will be improved. They are also co-locating on another tower in the new airport area.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a gravel pit at Desert Canyons. Ken Miller, applicant.

City Planner Ray Snyder explained the applicant would like to expand the gravel extraction sites with an additional 237.2 acres in the Desert Canyons development project area. He displayed photos of the extraction sites. Most of the sites are not visible from the Southern Parway. Site 4 is not being mined at this time. Site 3 is the most visible from the Parkway. The applicant is asking for new sites for gravel staging areas. The applicant has provided grading plans. The Planning Commission requested a mitigation plan. The Planning Commission recommends approval subject to 18 conditions: (1) the applicant shall pre-water each phase area prior to disturbance; (2) the applicant shall mitigate each phase prior to beginning a new phase; (3) the applicant shall provide perimeter fencing on the existing sites and proposed expansion sites, provide a fencing plan (identify wash boundaries) for the total 237.5 acre site, and where fencing is not provided, provide a method to limit access; (4) identify boundary corners preferably with white poles that can be seen and used by staff as a line of sight to verify gravel extraction remains within permitted limits; (5) the existing gravel pits are to be mitigated (refilled with soil and compaction to be certified); (6) provide a report and testing to the satisfaction of the Engineering Department (pad certifications); (7) provide a crusted surface to prevent dust and revegetate where feasible, moisture condition and smooth roll for 6" to 8" crust that will be resistant to dust and erosion; (8) 10 acres may be used for the mining equipment; (9) a fugitive dust control plan shall be submitted, including a specific plan for controlling dust along conveyors, stock piles, and disturbed areas; (10) the applicant shall provide water with a low sulfur content from their production wells and any backup water sources shall be coordinated with the City Water Department; (11) a channelization study, as required and coordinated with City engineers; (12) FEMA permits to be obtained as required; (13) Army Corp of Engineer permits to be obtained as required; (14) truck route as originally approved in the conditional use permit of 2004; (15) the access road shall be 90 degrees and a stop sign installed at 630 East; (16) provide a specific plan for controlling dust during blasting operations; (17) monthly inspections shall occur by City staff as required to


St. George City Council Minutes
October 21, 2010
Page Six

inspect activities of mining, drilling, blasting, revegetation, etc.; and (18) provide projected closure dates for gravel extraction sites.

Deputy City Attorney Paula Houston requested that the conditions of the first three conditional use permits be reviewed to see if compliance has been had.

Councilmember Almquist declared he currently had a contract with Quality Excavation and they are the principal owners of Desert Cantons. He then recused himself and left the dais.

City Planner Ray Snyder advised the original conditional use permit issued in 2004 stated that all work in Phase 1 had to be completed and the site restored before Phase 3 could begin. In 2006 the conditional use permit stated that the existing area had to be filled with soil and capped and restored with native vegetation and compliance with a grading report prepared by AGEC. He inquired of the City Council if these requirements still stood and if the applicant had to complete all mitigation.

Deputy City Attorney Paula Houston again inquired if the terms of the 2004 conditional use permit had been met and if there were photos of the 19 acre site.

Curt Gordon, Desert Canyons, replied that with regard to the 2004 CUP, there used to be a deep hole but it has been filled and this is where the scalehouse is located. The wash has been restored along with the area around it.

Deputy City Attorney Paula Houston inquired if the area had been revegetated.

Mr. Gordon replied that revegetation has not been effective. He stated it was their experience it is difficult to get anything seeded to grow and it does not work well. If a pad is crusted after it is mined and then seeded, it is self-defeating because the plants break the crust and create dust.

Mayor McArthur commented his greatest concern was with track-out.

Mr. Gordon replied he had been thinking about using track-out pads for access to the freeway.

Mayor McArthur replied that the materials being crushed are not available all over the County and they must be used where possible. This area will be an entrance to the City and care must be taken. The Planning Commission has done a great job with its findings and recommendations.

Deputy City Attorney Paula Houston commented for the record that if there is an enforcement problem in the future, City Council action will be the record of what the applicant is required to do. She inquired if everything had been done satisfactorily to this point and if the applicant should be required to revegetate, as this has been a requirement in all their conditional use permits and they have not done it. Others say revegetation can be successful if it is done properly. She stated she wanted the record to be clear so everyone knows what the City Council wants. If the Council does not want to require revegetation, this needs to be clearly stated for the record.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit subject to the 18 recommendations of the Planning Commission plus the requirement for track-out pads and with the requirement of revegetation where feasible, leaving that up to the owners and staff to work through.

Deputy City Attorney Paula Houston advised it was important to remember that whatever the City Council approves they will have to live with it, as this is the corridor to the new airport, and it will be too late to change anything.

Mayor McArthur commented that the owners have a great stake in how the area looks and he was comfortable with the recommendations of the Planning Commission.

Councilmember Bunker commented that she did not like the fact that one of the sites was located right along the Southern Parkway and could be seen.



St. George City Council Minutes
October 21, 2010
Page Seven

Curt Gordon replied that the intent is to use the materials taken from the site. It will look like a construction site for the time being, but when completed, there will be a graded, finished pad, similar to those at Milepost 2.

Ed Burgess advised that they were awarded a contract to extend the Southern Parkway to Washington City.

Curt Gordon estimated the gravel sites would be needed another two years from the time the job is begun.

Councilmember Shakespeare suggested a time limit be placed on the sites.

City Manager Gary Esplin replied there will be construction in the area for many years to come, and it is what it is until another source for gravel can be found. He stated his only concern is that some of the mounded areas not needed for pads should be revegetated with native grasses.

Curt Gordon replied that this is a great idea and they will revegetate where possible.

MOTION: Councilmember Pike repeated his motion, as stated previously.
SECOND: The motion was seconded by Councilmember Bunker.

Bill Swensen commented he will be watching the project carefully for dust control. The applicant has put together a well-thought out and qualified dust control plan, and he will help them adhere to it.

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.

Councilmember Almquist returned to the dais.

APPROVAL OF MINUTES:
Consider approval of the minutes of the October 7, 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 Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Councilmember Shakespeare to adjourn to an executive session to discuss litigation.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call 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.


St. George City Council Minutes
October 21, 2010
Page Eight

Councilmember Pike was excused from the meeting.

RECONVENE:
MOTION: A motion to reconvene was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Shakespeare.
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.

Mayor McArthur was excused from the meeting.

MISCELLANEOUS DISCUSSION:
City Manager Gary Esplin advised there has been a question raised in the community about keeping the old airport open after the new airport is operational. The FAA has been adamant that they will not allow the new airport to be kept open.

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

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

The vote was unanimous and the motion carried.



________________________________
Gay Cragun, City Recorder