City Council Minutes

Thursday, February 17,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 17, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Councilmember Ben Nickle

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The
pledge of allegiance was led by Gil Almquist and Mayor McArthur offered the invocation. He then invited Scouts and Dixie College students in the audience to introduce themselves.

TABLE ITEM:
City Manager Gary Esplin advised that Item 6E to consider an appeal of a sign permit to construct a billboard with a height of 115 feet to the top of the sign proposed along Interstate I-15 south of the Dixie Center, Sandpoint LLC, applicant, has been tabled for two weeks at the request of the applicant.

CONSENT CALENDAR:
Consider approval of a private hangar lease with Steve Roundy, Jr.

City Manager Gary Esplin advised the standard lease meets all requirements.

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting fees and amending the policy for wastewater service charges.

City Manager Gary Esplin explained this item was discussed in last weeks work meeting. Adoption of the resolution will allow flexibility for the wastewater division to charge fees based on treatment and hydraulic capacity. There is no change in the revenue picture of the City, but it will allow more flexibility in dealing with commercial users. He then read the proposed fees.

Water Services Manager Barry Barnum explained that some new commercial users might have trouble meeting the Citys standards. The new policy will still allow issuance of the permit but if the City has to pre-treat less, the user will be billed less on the capacity they are using, rather than flow capacity.

Councilmember Bunker inquired how the fees were arrived at.

City Manager Gary Esplin replied they are based on the Citys cost to provide the service.

MOTION: A motion was made by Councilmember Pike to approve the resolution.
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
St. George City Council Minutes
February 17, 2011
Page Two

Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a power line easement through a pump station parcel located along Pioneer Road near Sun River.

City Manager Gary Esplin explained the City is granting an easement to Dixie REA as part of the normal course of doing business.

MOTION: A motion was made by Councilmember Shakespeare to approve the resolution granting the easement.
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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the issuance of water revenue refunding bonds in the aggregated principal amount of not to exceed $7.5 million for the purpose of refunding the Citys previously issued water revenue bonds, series 2001; providing for an administrative appeal process for the refunding bonds; providing authorization for the Mayor to execute all documents necessary and required to consummate the refunding bonds; providing for certain parameters required in order for the transaction to close; and related matters.

City Manager Gary Esplin read the correct resolution language. He explained the City issued water revenue bond in 2001 and the interest rate at that time was 4.93%. The bond can be refunded at about 3.02% now, realizing a savings of $500,000. The length of the bonds is not being extended. The amount of the original issue was $8.5 million, but is now down to around $6 million.

MOTION: A motion was made by Councilmember Pike to approve a resolution authorizing the issuance and confirming the sale of not more than $7,000,000 aggregate principal amount of water revenue refunding bonds of the City of St. George, Washington County, Utah, fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear and the maximum discount from par at which the bonds may be sold; authorizing publication of a notice of bonds to be issued, and related matters.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that approval of this resolution will allow the City to proceed to market, but once the interest rate is established, the matter will be brought back to the City Council to formally approve issuance of the bonds.

BEER LICENSE/LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for a restaurant liquor license for Island Food and Beverage Co., LLC at 144 West Brigham Road. Jessica Rivera, applicant.
City Manager Gary Esplin explained there was previously a restaurant with a license at this location. The new owners application meets all requirements.
St. George City Council Minutes
February 17, 2011
Page Three

MOTION: A motion was made by Councilmember Bunker to approve the beer license and local consent.
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

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen explained the first final plat is for Sun River Phase 31 with 46 residential lots located in the Sun River development, north of Angel Arch Drive and west of the Atkinville Wash at approximately 1500 West and 500 South. The Planning Commission recommended approval.

The second plat final plat is for Red Cliffs Park Phase 4 with seven residential lots located in the Red Cliffs Park development north of Colorado Drive at approximately 2050 East and 1200 North. The Planning Commission recommended approval subject to FEMAs approval of the Letter of Map Revision sent to them by Bush and Gudgell. He advised that open space is being dedicated to the City.

MOTION: A motion was made by Councilmember Pike to approve the final plats subject to all conditions recommended by the Planning Commission.
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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish an internet caf at 73 North Main in a C-4 zone. Lee Weese, applicant.

City Planner Ray Snyder explained the caf is 800 sq. ft. and will seat 25-30. It is located next door south of Bear Paw. He displayed an aerial view and floor plan. The building does not have the capacity to be a large restaurant and will sell prepackaged food. Its name will be Rock On Main Medley. A conditional use permit is needed because of the lack of parking. The applicant requests permission to establish a retail business, computer repair service, an open microphone for artists, karaoke, self-serve beverages, and an internet caf. The City has received two letters, an email and a petition with six signatures in favor of the business. Hours of operation will be 9:00 a.m. to 1:00 p.m. and 6:00 p.m. to 10:00 p.m. The business will generate foot traffic and bring people downtown. The Planning Commission recommends approval subject to:

1. Post a sign on the building that informs the public of available off-site parking (obtain a sign permit as required).
2. The business owner shall monitor and clean up any trash or debris generated by patrons and assemblies.
3. There shall be no outside loitering, smoking or drinking by clientele in the parking lots.
4. The business owner shall encourage employees to park across the street in the public parking garage.

Lee Weese, applicant, advised he wants to bring the arts downtown. During the day there will be an internet caf and computer repair and an open mike and karaoke at night. He also has professional recording equipment.

Councilmember Almquist suggested to Mr. Weese that his employees be required to park in the Main Street parking garage, just across the street.

Mr. Weese replied that he would be happy to do so and will post a sign in his business advertising the free, public parking in the parking garage.

St. George City Council Minutes
February 17, 2011
Page Four

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Pike, who added to the motion that Mr. Weeses employees to required to park in the public parking garage.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CDBG BUDGET:
Consider approval of the Community Development Block Grant funds budget for FY 2011-2012.

City Manager Gary Esplin explained this item is the annual appropriation of Community Development Block Grant funds. The recommendations for funding are:

Acquisition of DOVE Center offices $75,000
Acquisition for the Family Support Center $73,766
Down Payment Assistance Program - FCAOG $218,559
Diagonal St. area sidewalk ADA improvements $3,000
Administration of CDBG program $95,079
Required ADA improvements to City Hall $10,000

Total $475,404

He advised staff was not sure how much the City would actually get, but it will probably be less than in previous years.

MOTION: A motion was made by Councilmember Shakespeare to approve the budget.
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

The vote was unanimous and the motion carried.

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

Mayor McArthur recommended that Laurel Hafen be appointed to the Shade Tree Board, with her term to be finalized at the next regular City Council meeting.

MOTION: A motion was made by Councilmember Bunker to appoint Laurel Hafen to the Shade Tree Board.
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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the January 27, 2011 City Council meeting.

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

St. George City Council Minutes
February 17, 2011
Page Five

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the February 3, 2011 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

The vote was unanimous and the motion carried.

Councilmember Bunker announced that the Soup N Bowl will be held Friday, March 3 at 1:00 p.m..

Mayor McArthur announced that a ribbon cutting for a new exhibit at the dinosaur museum was recently held.

Mayor McArthur invited several Scouts and a Dixie College student in the audience to introduce themselves.

CLARIFICATION OF COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET:
City Manager Gary Esplin clarified that the Community Development Block Grant budget also included $50,000 to purchase, along with the St. George Housing Authority, a duplex for senior citizens. The funds will come from funds set aside as part of the RDA.

PUBLIC HEARING/FINAL PLAT AMENDMENT:
Public hearing to consider approval of a final plat amendment for Lakota Ridge Phases 1 and 2 to modify a plat note dealing with walkout basements. Ence Homes, applicant.

Todd Jacobsen explained that both phases 1 and 2 of Lakota Ridge are being amended. The project is located along Snow Canyon Parkway on 1790 West and 1900 North. The amendment to both plats consists of a statement that walkout basements are required unless otherwise approved by the City Community Development Department based on a site plan that meets applicable City standards, including grading and setback standards. An effort was made to obtain the consents of all owners within the subdivisions, but out of the 87 owners, only 40 consents were obtained.

Vince Clayton, representing the applicant, explained the reason for the change to the plats is that the market today is entirely different than when the plats were approved. Buyers are no longer interested in making the cost expenditure involved in a second level walk-out. Approval of this change will allow Ence Homes to respond to the market and effect a timely build-out of Lakota.

Mayor McArthur opened the public hearing.

Virginia Affleck requested an explanation of how the one level homes would look, if the fence along Snow Canyon Parkway was going to be raised, and if the homes would have slanted backyards. She advised that others in the neighborhood are also concerned. She said that cheaper homes would lower the value of her home.

Troy Ence, applicant, replied that one level homes are already being offered in Lakota, and they will be building the same houses as they are now. The rear wall will not change at all; a 5' rock retaining wall will allow enough height to flatten out the lot. Higher end homes are not selling.


St. George City Council Minutes
February 17, 2011
Page Six

Stuart Lamb, representing Black Mountain Enterprises, advised that the market says there will be no detriment to the homes currently located in Lakota. The new homes that will be built will be high quality. He supports approval of the plat amendments. Eight out of ten customers say they do not want to pay for the walkout basement and prefer a flat lot. He said there is good support from the market to do this. He stated it is the obligation of the developer to do site plans and make sure the lots will function and development does not create a ledge. The lots will be blended together and Ms. Afflecks lot will not be compromised because of this development. The property between the homes is all common space and the builder has an obligation to deliver a finished common area around the homes and to see that it is safe and functions within the HOA guidelines.

City Manager Gary Esplin commented that the value of homes within the subdivision will be increased by having the subdivision finished. There is nothing worse than seeing vacant lots.

Ms. Affleck commented she would like the tumbleweeds cleared away.

Stuart Lamb replied that they would do this.

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

City Attorney Shawn Guzman advised that the plat amendment does not have to be done by ordinance.

MOTION: A motion was made by Councilmember Almquist to amend the plats as recommended.
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


The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Shakespeare.
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

The vote was unanimous and the motion carried.


_________________________________
Gay Cragun, City Recorder