City Council Minutes

Thursday, May 5,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 5, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Councilmember Gloria Shakespeare
Councilmember Gail Bunker


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He announced that the Ironman Triathlon will be held this weekend.

Mayor McArthur invited the St. George Royalty to introduce themselves: Callen Crenshaw, Miss St. George; Bailey Hogan, First Attendant, and Emily Wilson, Miss Spirit.

Gregg McArthur, new Executive Director of the St. George Area Chamber of Commerce, introduced himself. He stated he would like to make the Chamber available to the City as they have the same goals - to make St. George the very best community in which to live and do business. He stated he would like to offer Chamber members access to the Mayor and Council in an informal setting such as a BBQ some time in June.

City Attorney Shawn Guzman advised if specific City issues are discussed at this informal get-together, a quorum could not be present. However, if the event is just a meet and greet, then all Councilmembers can attend.

Debbie Hofheins introduced Melissa Barney, Foster Mother of the Year. Ms Hofheins explained her area covers nine counties in southwest Utah. There are currently 272 kids in foster care in the region, with 140 in Washington County. She advised that foster families are needed, especially families that will take in teenagers. She requested permission to hang a banner on the fence at Bluff Street Park advertising Foster Care Month. It was the consensus of the City Council to allow installation of the banner.

Mayor McArthur read a proclamation proclaiming May as Foster Care Month in the City. He then presented the proclamation to Ms. Hofheins.

The pledge of allegiance to the flag was led by Gil Almquist and the invocation was offered by Ben Nickle.

Mayor McArthur then invited several students and Scouts in the audience to introduce themselves.

CONSENT CALENDAR:
Consider approval of an airport hangar lease with D&T Properties.

City Manager Gary Esplin advised that the standard lease meets all requirements and staff recommends approval.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

BID OPENING:
Consider approval of an agreement with Rosenberg Associates to design the Mathis Bridge/Dixie Drive widening.

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May 5, 2011
Page Two

Purchasing Manager Connie Hood explained the amount of the contract is $289,495.

City Manager Gary Esplin advised that Rosenberg Associates was chosen for this professional contract based on their experience with clay issues.

Public Works Director Larry Bulloch advised that, after negotiations, the correct amount of the contract is $335,862.

Public Works Transportation Manager Cameron Cutler explained the Mathis bridge on the north side needs to be widened to four lanes for continuous flow throughout the corridor, reconstruction will take place to the south between the bridge and Valley View drive, and below that widening will take place on the shoulders to five lanes. The increased cost in the contract includes looking at widening and a conceptual trail between Cottonwood Cove Park and Mathis Park, which was not included in the original scope of the contract.

Councilmember Pike inquired if the City will be paying for the widening or developers of adjacent property.

City Manager Gary Esplin replied that a lot of the property adjacent to the roadway is undevelopable and some is in the County, not the City. However, curb and gutter will not be installed at this time.

City Attorney Shawn Guzman requested that any approval be made subject to legal review.

MOTION: A motion was made by Councilmember Pike to approve the agreement subject to legal review and approval.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that some landscaping at the Sunbrook Drive intersection may have to be removed as the water is running into the roadway there.

Cameron Cutler advised that landscaping is not included in the contract with Rosenberg and will be done in-house.

RESOLUTION:
Consider approval of a resolution revising the Community Development fee schedule.

City Manager Gary Esplin explained that this issue was discussed in the last work meeting and will result in a reduction in fees.

Project Manager Todd Jacobsen explained that a reduction in fees for lot line adjustments is recommended as the process does not take as long as it used to.

MOTION: A motion was made by Councilmember Nickle 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 Nickle - 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 the 3rd annual Red Rock Music Festival at Town Square on May 21, 2011.
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May 5, 2011
Page Three

City Manager Gary Esplin commented that staff is excited about these types of events in Town Square.

Pam Graff and Ed Rogers, representing the Red Rock Rotary Club, advised they are co-sponsoring the 3rd Annual Red Rock Music Festival with the Washington County School District Foundation. This years event will be promoting local musicians. The Southern Utah Songwriters Association will be performing. There will be a Polynesian luau in the evening.

Ms. Graff advised that the event is a fundraiser for the students of Washington County and will provide classroom necessities.

Mayor McArthur advised that the City will not normally waive the fees, but in this case the Washington County School District is a partner with the City in the Town Square, so it would be appropriate to waive the fees.

MOTION: A motion was made by Councilmember Pike to approve the special event permit and waive the fees.
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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Ray Snyder advised that the Planning Commission, at its meeting held April 26, 2011, recommended that public hearings be scheduled for May 19 to consider the following items: (1) a zoning regulation amendment to Section 10-16-3, St. George City Code, to add replaced as another option when considering changes to single family homes with nonconforming setbacks; (2) a zoning regulation to Section 10-13D-9.3 to change the three acre minimum lot size in the ASBP zone to one acre minimum; (3) a request to amend the list of permitted uses for auto sales lot property at 1746 South Blackridge Drive by allowing commercial uses under the propertys Planned Development Commercial zoning; and (4) a zone change for 3.68 acres from R-1-10 to A-1 generally located north of Bundy Lane, south of the Virgin River, and west of River Road.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate an indoor auction business on Saturdays at 476 E. Riverside Dr. in a C-3 zone. Rodney Barlow, applicant.

City Planner Ray Snyder explained that the Planning Commission recommended approval of the request. Wedgewood Auctions, LLC would like to operate bi-monthly on Saturdays with previews on Fridays and office hours of Monday through Friday 9:00 a.m. to 5:00 p.m. The merchandise will be sold indoors. They have a floor area of 4,500 sq. ft. with an option to expand in the future. 23 parking spaces are needed and there are 210 spaces on site. The applicant has a letter from the property owner approving the plan. The applicant was asked to contact other nearby tenants for support. The Planning Commission recommends approval subject to the following conditions: (1) inspection and approval is required by the Building Department and Fire Department prior to occupancy; (2) if the use intensifies, the Planning Commission and City Council shall re-evaluate the conditional use permit; (3) parking shall be provided as required by Section 10-19-5, St. George City Code; and (4) this CUP is approved for an in-door auction,


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May 5, 2011
Page Four

there shall be no outside display of vehicles, boats, etc. Mr. Snyder then reviewed the findings.

City Attorney Shawn Guzman expressed concern about how the items will be handled, i.e. how ownership is verified, etc. The request has not been reviewed by the Legal Department. He recommended that the item be tabled until more information can be gathered from the applicant.

MOTION: A motion to table the item was made by Councilmember Nickle.
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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of federal aid agreements with UDOT to accept Federal Highways Administration emergency relief funds for the December 2010 floods.

City Manager Gary Esplin explained that all the Citys bridges are considered federal aid roads. The Citys match for improvements to these bridges is $38,000. Improvements to be made will consist of removal of debris build-up and sediment.

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a property lease agreement with Rocket NEXT in exchange for wireless internet service.

City Manager Gary Esplin advised that this agreement is a win-win for both parties.

Jonathan Bacon and Wes Johnson, representing Rocket NEXT, introduced themselves.

Cory Frost explained that four sites will be leased - at the new water tank on the hill by the airport, at the old airport, on the backside of the Black Ridge by the old airport, and in the Shadow Mountain area. All locations will be painted to match the surroundings. These locations will provide redundancy at the new airport and wireless coverage at the Tonaquint Park, Tonaquint Nature Center, and Tonaquint Cemetery.

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

The vote was unanimous and the motion carried.

PRESENTATION OF BUDGET:
Presentation of the Citys annual budget for FY 2011-2012.

City Manager Gary Esplin explained that action is needed to accept the preliminary budget. Public hearings will be held in the future to adopt the final budget. This years General Fund budget is $43,896,000, compared to $40,831,000 last year. The total budget is $183,000,000. Last years total budget was $207,000,000 which included the airport project. No increase in fees or taxes is recommended, however, rate adjustments

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May 5, 2011
Page Five

for Energy Services and Water Services may be needed in the future. He advised an additional 30% has been put into pavement management for maintenance of streets. He extended appreciation to Deanna Brklacich, Budget Manager, who did an incredible job on the budget.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

Mayor McArthur invited several students in the audience to introduce themselves.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Councilmember Almquist to adjourn to an executive session to discuss potential litigation and a property purchase.
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 Nickle - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene 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 Nickle - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate an indoor auction business on Saturdays at 476 East Riverside Drive in a C-3 zone. Rodney Barlow, applicant.

Lt. Rich Farnsworth advised he felt all issues could be easily be worked out with the applicant.

City Attorney Shawn Guzman advised, for the record, that the applicant has agreed to the following: for each item that has a title or can have one, he will obtain a title, he will keep track of all items on a computer program, every person that brings in an item will have an ID and the item will be logged, and every buyer will have an ID. Anything over $250 will be photographed and serial numbers will be recorded. The PD will have access to all records and will view items prior to sale.

Lt. Farnsworth advised that the property detective will do a walk-through prior to the auctions.

MOTION: A motion was made by Councilmember Almquist to take the item off the table and approve the conditional use permit subject to the conditions outlined by the City Attorney.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - aye

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May 5, 2011
Page Six

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to 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 Nickle - aye

The vote was unanimous and the motion carried.



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Gay Cragun, City Recorder