City Council Minutes

Thursday, January 6,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 6, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He announced that a ribbon cutting and dedication ceremony for the new airport will take place January 12, St. George will be celebrating its sesquicentennial on January 15, and free root beer floats will be served at the Art Museum on that day. On February 5th the Tabernacle Choir will appear at the Burns Arena. The invocation was then offered by Pastor Jimi Kestin and the pledge of allegiance to the flag was led by Mayor McArthur. Mayor McArthur invited several Scouts in the audience to introduce themselves.

APPROVAL TO SELL GUNLOCK HYDRO EQUIPMENT:
Consider approval to sell the Gunlock hydro equipment as surplus.

City Manager Gary Esplin advised approval is needed to declare hydro equipment surplus to the Citys needs. Since changes have been made with the Conservancy District and a new pipeline installed, there is no longer the ability to generate power at Gunlock, and the equipment is no longer needed by the City. One interested party has made an offer to purchase the equipment.

Purchasing Manager Connie Hood advised the Republic of Panama would like to purchase the equipment for $45,000.

MOTION: A motion was made by Councilmember Almquist to declare the hydro equipment as surplus to the Citys needs and authorize sale of it to the Republic of Panama in the amount of $45,000.
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.

AWARD OF BID:
Consider award of bid for the headworks renovation project.

Purchasing Manager Connie Hood advised there were 18 respondents but only one prime contractor bid the project - Alder Construction. The rest who bid were subcontractors.

Mayor McArthur advised that Alder Construction built the wastewater treatment plant.

Ms. Hood recommended approval in an amount not to exceed $600,000 in the event of unforeseen problems.

City Manager Gary Esplin advised that the City Council will see any change orders to the project.

MOTION: A motion was made by Councilmember Pike to award the bid to Alder Construction in an amount not to exceed $600,000.
SECOND: The motion was seconded by Councilmember Almquist.

Councilmember Almquist inquired if there was any chance the cost of the project would be lower than projected.

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January 6, 2011
Page Two

Ms. Hood replied that a prebid evaluation was done and the contractor saw everything.

Wastewater Treatment Plant Manager Ben Ford explained he is anticipating staying within cost or a little under. Some of the as-builts do not reveal what is under the structure they are tearing out, or how much demolition will be required. Part of the $600,000 requested is for the back end of the headworks which will be done within the Citys own maintenance program, but some damage may be caused and some of the $600,000 will be used to fix it.

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.

RESOLUTION:
Consider approval of a resolution adopting a cafeteria plan amendment.

City Attorney Shawn Guzman explained this resolution has to do with the new health care laws. The City has to change its plan to coincide with changes in the law.

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing a land swap with Utah State Parks and Recreation for the Red Hills Parkway widening project.

City Manager Gary Esplin explained this resolution involves an exchange of property to facilitate the Red Hills Parkway widening project.

Cameron Cutler explained the project will be bid in May. Due to the EA, property will be required to be traded with Utah State Parks.

MOTION: A motion was made by Councilmember Almquist to approve the resolution.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing a fourth supplemental indenture to the 2009 Sales Tax Bonds which amends and expands the Project Definition only.

City Manager Gary Esplin explained this is a housekeeping item. When the City issued bonds in 2007 for roadway projects the definition of roadway projects was limited. This fourth supplemental indenture will clarify exactly what projects the funds can be spent
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January 6, 2011
Page Three

on. The amendment will broaden the definition to include City roadway improvements in general and will include airport utilities, runways, taxiways, the terminal building, ARFF building, etc. This allows the City greater flexibility since the Mall Drive bridge project has been postponed. The bonds were originally in the amount of $23,000,000 but there is only $6,000,000 yet unallocated.

MOTION: A motion was made by Councilmember Bunker 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
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PRIVATE HANGAR LEASE AGREEMENT:
Consider approval of a private hangar lease agreement with Stephen Howcroft.

City Manager Gary Esplin explained the agreement is standard. Staff recommends approval.

Mayor McArthur advised the lease rate is $.18 per sq. ft. per year.

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

BEER LICENSE/LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent to obtain a full service restaurant license for the Sakura Japanese Steakhouse and Sushi at 939 E. St. George Blvd. Fengjing Zheng, applicant.

City Manager Gary Esplin advised a full service restaurant license may be available from the State and the applicant would like to apply for it. The application meets all requirements.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for R. C. Flying events to be held at the Model Port at 3780 South 1550 West. Darrel Jensen, applicant.

Mayor McArthur advised the City Council previously met with the applicants and requested a schedule of events.


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January 6, 2011
Page Four

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

PRELIMINARY PLAT:
Wes Jenkins explained the Planning Commission, at its meeting held December 21, 2010, recommended approval of the preliminary plat for Sun Valley Estates, a 22 lot residential subdivision on 11.81 acres located at the southeast corner of the intersection of Crimson Ridge Drive and Little Valley Road. Quality Development is the applicant. There will be a 6' masonry block wall between the homes and the adjacent church. A deed restriction will be recorded on the property restricting density to two dwelling units per acre. The equestrian trail along Little Valley Road will be a public trail. The wall and trail will be completed with each phase before occupancy of the homes. Because there is no HOA, the adjacent lot owners will be responsible to maintain the landscaping strip along Little Valley Road. The Planning Commission recommended approval subject to five conditions:

(1) Recording a deed restriction on the property to not exceed the general plan land use density of two (2) dwelling units per acre.
(2) The equestrian trail located on Little Valley Road shall be a public trail.
(3) A six foot block wall shall be installed along Little Valley Road.
(4) The wall and landscaping along Little Valley Road shall be completed prior to occupancy of any homes in the subdivision.
(5) Since no homeowners association exists, the adjacent lot owners are responsible for providing maintenance of the landscape strip.

There was discussion about maintenance of the landscaping strip.

Ken Miller, representing the applicant, advised that the trail is planned to connect to Silkwood and continue up Little Valley Road. He advised that the equestrian trail will be a dirt trail with pockets of landscaping similar to the trail in Bridle Gate. He advised the applicant would like to have some wrought iron sections in the block wall.

City Attorney Shawn Guzman advised that a solid wall is required according to the Citys ordinance.

City Manager Gary Esplin advised that a solid wall will not allow lot owners access for their horses from their lots to the trail. He advised that this issue needed further discussion, as well as the landscaping strip maintenance issue. He recommended that the City Council proceed with approval of the preliminary plat, with other issues to be decided later on.

MOTION: A motion was made by Councilmember Bunker to approve the preliminary plat subject to the recommendations of the Planning Commission, and authorize the Mayor to sign the plat.
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.

PRELIMINARY PLAT:
Wes Jenkins advised that the Planning Commission recommended approval of the Red Rock Common preliminary plat, a four lot commercial subdivision located on the northeast corner of 100 South and River Road. The owner is Red Boulder LLC. The

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January 6, 2011
Page Five

property was formerly the Settlers RV Park property. All existing utilities have been removed and a storm drain line relocated and pushed further to the east to provide more buidable area. Property up the hillside is also part of the parcel. A cross-access agreement will be required. The Public Works Department is looking at the possibility of acquiring a strip of land from the developer to provide a right turn lane from the property to help traffic in this area.

City Manager Gary Esplin advised he has a meeting scheduled with the owners and developers next week and he will ask them about donation of the hillside property.

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

CONDITIONAL USE PERMIT:
Consider approval of a request for a conditional use permit to construct a detached accessory building with a height of 22' to the roof peak located at 2553 East 2390 South Cr. in the Crimson Cliffs Subdivision. Bruce Baer, applicant.

City Planner Craig Harvey advised the property is zoned RE-20. The accessory building will have a basement without windows for storage only. The building will be a private workshop, not a guest house. The Planning Commission recommended approval. The total height of the building will be 22' to the top of the roof ridge.

MOTION: A motion was made by Councilmember Nickle to approve the conditional use permit.
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.

PUBLIC HEARING/AMENDED PLAT/ORDINANCE:
Public hearing to consider approval of the amended plat for 251 West Hilton Drive Plaza. Scott Bishop, representative.

Todd Jacobsen explained this project is part of the Dixie Drive Interchange project and is where Mega Pro and Watts Construction currently are located. The purpose of the amendment is to remove Unit 2 and change the exterior boundary of the subdivision, making it smaller, and to remove common area and easements associated with the common area to accommodate the new Blackridge Drive. There will not be access off Blackridge Drive or the new Dixie Drive.

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 plat by ordinance.
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

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January 6, 2011
Page Six

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED PLAT/ORDINANCE:
Public hearing to consider approval of the amended plat for Whisper Ridge Phase 2 Amended and Extended and vacating a public road located on the north side of Indian Hills Drive at approximately 1100 West and 950 South. Jim Raines, representative.

Wes Jenkins advised the purpose of the amendment is to add Lot 26 to the plat, which includes the vacation of the associated public street.

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

MOTION: A motion was made by Councilmember Almquist to approve the amended plat by ordinance and vacate the public road.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED PLAT/ORDINANCE:
Public hearing to consider approval of the amended plat for The Inns at Entrada. Marc Brown, representative.

Todd Jacbosen advised that this plat and next four all do the same thing in the same area. The purpose for amending the plats is to exchange property between Entrada, Snow Canyon Country Club and the Entrada HOA.

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 amended plat by ordinance.
SECOND: The motion was seconded by Councilmember Nickle.
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.

PUBLIC HEARING/AMENDED PLAT/ORDINANCE:
Public hearing to consider approval of the amended plat for Kachina Springs East Phase 2 Amended and Extended. Marc Brown, representative.

Todd Jacobson advised the purpose of the amendment is to exchange areas between the golf course and HOA. Zoning is PD.

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

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

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January 6, 2011
Page Seven

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED PLAT/ORDINANCE:
Public hearing to consider approval of the amended plat for Kachina Springs East at Entrada Amended and Extended. Marc Brown, representative.

Todd Jacobsen explained the purpose of the amendment is to exchange property between the HOA and County Club to match improvements on the ground.

Mayor McArthur opened the public hearing.

Mr. Jacbosen advised the City has received a letter from Rod LeMense objecting to the exchange of property. He feels the reason for the change is to realize discriminatory homeowner dues.

City Attorney Shawn Guzman advised Mr. LeMenses main concern is that dues will increase. This is a HOA issue, and it is not known if this will happen in any event.

Mr. Jacbosen advised that Mr. LeMenses lot will not be affected.

City Manager Gary Esplin advised this is a civil matter.

Mayor McArthur closed the public hearing.

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED PLAT/ORDINANCE:
Public hearing to consider approval of the amended plat for Kachina Springs South Amended and Extended. Marc Brown, representative.

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 plat by ordinance.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED PLAT/ORDINANCE:
Public hearing to consider approval of the amended plat for Kachina Springs at Entrada Amended and Extended. Marc Brown, representative.



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

Brian Chadaz explained the purpose for all the plat amendments is housekeeping. When the golf course was laid out there were some encroachments. Surveys were just completed and action is necessary to amend boundaries to match where the features are located. He advised that Mr. Le Menses HOA dues will not be affected.

MOTION: A motion was made by Councilmember Almquist to approve the amended plat.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

SIGN VARIANCE:
Consider approval of the variance request for a free-standing sign for Vintage Music and Pawn at 720 E. St. George Blvd. Roy Beard, applicant.

The applicant was not present.

MOTION: A motion was made by Councilmember Almquist to table this item to the January 20 agenda.
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.

APPOINTMENTS:
Mayor McArthur recommended that Jake Sylvester be appointed to the Sign Review Board and that Vince Clayton and Brad Young be reappointed to the Sign Review Board.

MOTION: A motion was made by Councilmember Bunker to appoint Jake Sylvester to the Sign Review Board and reappoint Vince Clayton and Brad Young to the Sign Review 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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the December 16, 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 Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye

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January 6, 2011
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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 Nickle 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.

RECONVENE AND ADJOURNL:
MOTION: A motion to reconvene and adjourn was made by Councilmember Pike.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.



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Gay Cragun, City Recorder