City Council Minutes

Thursday, April 21,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 21, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. Council Member Bunker led those in attendance in the pledge of allegiance and the invocation was offered by Pastor Jimi Kestin.

Mayor McArthur read and signed a proclamation proclaiming the first week in May as Youth Week. He then presented the proclamation to Ryan Christensen, the Elks Exalted Ruler.

Carol Lakin, Art Museum Board Member, explained the exhibit by Charles Becker has been held over until May due to its popularity. Ms. Lakin then introduced the other Art Museum Board Members who were in attendance.

Craig Fetzer, Chairman of the Arts Commission, introduced the members of the Arts Commission and stated they are here to present Awards of Excellence to two people who have a lifetime of excellence in the arts.

Ferron Holt presented a power point presentation honoring Dr. Norman Fawson as a renowned physician and talented musician. Mayor McArthur then presented him with an award of excellence.

Museum Curator Debra Reeder presented a power point presentation honoring Mary Sandberg Williams as an Art Historian and volunteer. Mayor McArthur then presented her with an award of excellence.

Leisure Services Director Kent Perkins said the upcoming 32rd St. George Arts Festival will be held on April 22 and 23. He stated there are 113 artists this year and encouraged everyone to attend.

City Forester Doug Wulfenstein announced the City had received from the Arbor Day Foundation the Tree City USA Award for the 19th year in a row and for the 4th year received the Arbor Day Foundation Growth Award. He said the City will be celebrating Arbor Day on April 30th from 7:30 a.m. to 1 p.m. He stated there were 900 trees planted throughout the City this past year. He thanked the Mayor and Council Members for their support.

St. George City Council Minutes
April 21, 2011
Page Two

Mayor McArthur recognized students from the Bloomington Elementary Student Council along with teacher, Mrs. Carter.

TABLE ITEMS:
Gary Esplin, City Manager, stated Item 2A to consider approval of an agreement with Rosenberg Associates to design the Mathis Bridge/Dixie Drive widening was tabled from the agenda.

CONSENT CALENDAR:
Consider approval of airport hangar leases with Chandelle Aviation, Jeffrey T. Hamilton, and WY-FI, LLC.

City Manager Gary Esplin stated hangar lease with Chandelle Aviation was a standard lease. He recommended approval.

MOTION: A motion was made by Councilmember Bunker to approve the airport hangar lease with Chandelle Aviation.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin explained that there were two additional requests for approval of hangar leases which had not been included in the motion.

MOTION: A motion was made by Councilmember Bunker to approve the airport hangar lease with Jeffrey T. Hamilton and WY-FI, LLC.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONSENT CALENDAR:
Consider approval of a FBO sublease for Erics Leading Edge.

Councilmember Shakespeare asked if the sublease had been reviewed by the Legal Department.

City Attorney Shawn Guzman stated that it was being reviewed but had not been completed.

MOTION: A motion was made by Councilmember Pike to approve the FBO sublease for Erics Leading Edge contingent on the review by the Legal Department.
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 Pike aye

St. George City Council Minutes
April 21, 2011
Page Three

Councilmember Shakespeare aye

The vote was unanimous and the motion carried.

CONSENT CALENDAR:
Consider approval of an Amendment to the Direct Jet Center FBO lease.

Mr. Joby Venuti presented a drawing of the amended lease area.

MOTION: A motion was made by Councilmember Pike to approve the Amendment to the Direct Jet Center FBO lease.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARINGS/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change on 25.59 acres from R-1-10 with a development agreement to RE-20 on 13.16 acres and RE-37.5 on 12.43 acres located south of the Rancho Verde Estates Subdivision at approximately 3800 South Little Valley Road. Curt Gordon, applicant.

City Planner Craig Harvey stated this request is to rezone an R-1-10 to RE-37.5 and RE-20.0. He said the property is located south of and adjacent to the rancho Verde Estates subdivision on the south end of Little Valley Road. Mr. Harvey explained under the General Plan it is Low Density Residential and the proposal is for an overall density of 1.67 dwelling units per acre. The Planning Commission recommended approval.

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 zone change request.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDMENT/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 18, Section 5F, St. George City Code, to add alternative fencing and access options for double frontage lots in a subdivision subject to certain conditions.

City Planner Craig Harvey stated the request was to amend the St. George City Code, Title 10 Zoning Regulations, chapter 18 Wall, Fences and Hedges, Section 5F Surrounding Developments to add an alternative fencing and access option for double frontage lots in subdivisions. He explained the request will also amend Title 11 Subdivision Regulations, Chapter 5 Improvements, Section 4C3a Double Frontage Lots and Access to Lots. Mr. Harvey said the Planning Commission recommended approval with the following language added to the code: Where double frontage lots are platted and back onto a public road, an alternative wall type may be permitted on the back frontage if the following conditions apply: 1. The double frontage lot is located in an Agricultural Zone, Residential Estate Zone, or an R-a-10 or greater zone AND; 2. The

St. George City Council Minutes
April 21, 2011
Page Four

double frontage lot has a public trail located on the back frontage of the lot adjacent to the public road; OR 3. The double frontage lot has a minimum ten (10) foot wide planter strip on the back frontage adjacent to the public road. If the above conditions apply then the property owner or developer shall be allowed the following: 1. A six (6) foot wall shall be permitted that is no more than 50% open, per lot. 2. The wall shall be constructed only of materials that consist of any combination of masonry block and decorative iron or a similar material. 3. If the back frontage of the lot is adjacent to a public trail, an access gate shall be permitted that is not wider than five (5) feet and shall be constructed of decorative iron or a similar material. a. The gate may be solid or see-through. b. The gate shall swing to the interior of the lot. c. Motor vehicle access shall not be permitted. He said under the Subdivision Code 11-5-4 Layout of Lots, Section C Double Frontage Lots and Access to Lots under 3a the sentence will be added If certain conditions apply as stated in subsection 10-18-5F, an alternative wall type may be used.

Councilmember Bunker asked if there was any consideration for the materials used for the path.

Mr. Harvey said that there wasnt but they could add language requiring a natural surface as item d.

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 amend the City Zoning Regulations, Title 10, Chapter 18 Walls & Fences, Section 5F to add an alternative fencing and access option for double frontage lots in subdivision, subject to certain conditions as recommended by the Planning Commission and adding language requiring the path to be a natural surface.
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/AMENDMENT/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 10, Section 2, St. George City Code, to designate as either a permitted or conditional use the following uses: antique stores, consignment stores, used furniture stores, pawnshops, secondhand stores and thrift stores.

City Planner Ray Snyder stated this is a City initiated recommendation for a zoning regulation amendment. He said since much of the downtown area was recently re-zoned to C-4 the subject of permitting antique shops, pawnshops, thrift shops, secondhand stores, resale shops, and consignment stores has repeatedly been questioned. He stated in February the Planning Commission held two discussion meetings on the topic after which staff was directed to return with a formal zoning amendment proposal. The requested change is to change the existing category of pawnshops/secondhand stores into several more defined categories. He referred to a slide of the existing code and a slide of the proposed code changes. The proposed changes include adding: Antique store; Furniture sales (used); and, Consignment store/pawnshop/secondhand store/thrift shop. An additional proposed change would be to have Furniture sales and repair worded to say Furniture and large appliances sales (new) and repair. Mr. Snyder explained after much discussion and two withdrawn motions the Planning Commission recommended on a vote of 5:2 that three line items be created out of the existing one. That an antique store be a single line item not permitted in C-1, but permitted in C-2, C-3 & C-4. That a furniture store (used) be a single line item not permitted in C-1, but permitted in C-2 & C-3, and a conditional use in C-4. Also create a single line item such that consignment stores, pawnshops,

St. George City Council Minutes
April 21, 2011
Page Five

secondhand stores, and thrift shops would all be permitted uses in the C-2, C-3 and C-4 zone, but would not be permitted in the C-1 zone.
Mr. Snyder showed several slides of various properties on the Boulevard, on Main Street, on 100 East, on 100 West, on Sunset and on 700 South.

Councilmember Almquist asked if the parking requirements were different for pawnshops.

Mr. Snyder stated pawnshops were considered retail and parking requirements were based on the retail status.

Councilmember Shakespeare stated she would like to have the council and staff work together and take a deeper look at the issue first. She said she would like to make the uses permitted on a conditional basis but since the State of Utah has changed its criteria on conditional uses she would like to take the time to look at the conditions they would like to add such as distance, aesthetics, and outside displays. She recommended it be tabled and brought to a work meeting so the council could see the various business areas throughout the City and discuss what conditions they would consider as pro or con.

Mayor McArthur declared the hearing open.

April Goodspeed stated she was the co-owner of Coyote Exchange located on Red Hills Parkway. She said the store was not a consignment store but it did offer both new and secondhand clothing. Ms. Goodspeed said they have had wonderful feedback from other business in the area. She said they are looking at moving to a space in the Boulevard Commons which currently is not permitted for the type of business she has. She stated she would like to see the request approved.

There being no further comments, Mayor McArthur closed the hearing.

There was general discussion about the request and the impact on the downtown area.

City Manager Gary Esplin said he was not opposed to further study. He agreed there will more locations that may be vacant because of the economy. He suggested they look at the core area from I-15 to Bluff Street. He recommended staff continue to look at the issue and bring it back to a council work meeting within 30 days.

MOTION: A motion was made by Councilmember Shakespeare to table the request to consider an amendment to Title 10, Chapter 10, Section 2, St. George City Code, to designate as either a permitted or conditional use the following uses: antique stores, consignment stores, used furniture stores, pawnshops, secondhand stores and thrift stores and ask the staff to gather additional information before bringing the issue back to the council at a work meeting within 30 days.
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/AMENDMENT/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 11, Section 2, St. George City Code, to add recycling as a permitted use with standards in the M-1 zone.

City Planner Ray Snyder explained recycling of paper, glass, metals, etc. is not presently listed as a use in any zoning district in the City. He said staff and the Planning Commission recommend adding recycling in the M-1 zone as a permitted use, but not as a permitted use in the M-2 zone.

St. George City Council Minutes
April 21, 2011
Page Six


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 amendment to Title 10, Chapter 11, Section 2, St. George City Code, to add recycling as a permitted use with standards in the M-1 zone but not M-2 zone.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Consider approval of the 2011-2012 Community Development Block Grant Annual Action Plan.
City Planner David Bates explained there is a thirty (30) day public notice for people to look at the fiscal year 2011-2012 action plan. He stated a major part of the plan is the budget for the CDBG money.

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

City Manager Gary Esplin stated the proposed activities to be undertaken next fiscal year by the City to meet Consolidated Plan priorities would include: the acquisition of offices for the DOVE Center in the amount of $75,000; the acquisition of the Family Support Center in the amount of $73,766; Down Payment Assistance Program in the amount of $196,090; removal of handicapped barriers at City Hall in the amount of $8,000 and CDBG Administration in the amount of $88,214. Mr. Esplin explained they reduced the individual loan amount for the Down Payment Assistance Program to $6,000 from $10,000 in order to help a greater number of people.

MOTION: A motion was made by Councilmember Almquist to approve the 2011-2012 Community Development Block Grant Annual Action Plan.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONSENT CALENDAR:
Consider approval of the financial report for March, 2011.

City Manager Gary Esplin stated revenues are on target but Golf revenues continue to slump due to flooding issues at Southgate and Sunbrook as well as bad weather this year.

MOTION: A motion was made by Councilmember Nickle to approve the financial report for March, 2011.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Nickle aye
Councilmember Shakespeare aye

St. George City Council Minutes
April 21, 2011
Page Seven

Councilmember Bunker aye
Councilmember Almquist aye
Councilmember Pike aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution relinquishing a BLM right-of-way issued for a power line in the Bloomington area.

Director of Energy Services Phil Solomon said they had been working with the BLM on other issues when Cathy Abbot who works for the BLM brought this to their attention regarding a right of way issue. Mr. Solomon explained the right-of-way was issued in 1982 to the City for a power line with the expectation it would tie into the power transmission lines south of Bloomington. He said the power line was never built and will probably not be built in any future time frame. The staff has determined it can be relinquished back to the BLM.

MOTION: A motion was made by Councilmember Almquist to approve the resolution relinquishing a BLM right-of-way issued for a power line in the Bloomington area.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with the UDOT Dept. of Aeronautics as a pass-through to receive funds from FAA Grant #3-49-0060-15.
City Manager Gary Esplin stated this is the current year grant for $16,000,000. He explained once the cooperative agreement is approved the City should receive the check in a few months.

MOTION: A motion was made by Councilmember Bunker to approve the cooperative agreement with the UDOT Dept. of Aeronautics as a pass-through to receive funds from FAA Grant #3-49-0060-15.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with the UDOT Dept. of Aeronautics as a pass-through to receive funds from FAA Grant #3-49-0060-13.

City Manager Gary Esplin stated this is for last years grant in the amount of $11,000,000. He explained that every year through 2016 the City would receive approximately $11,000,000.

MOTION: A motion was made by Councilmember Pike to approve the cooperative agreement with the UDOT Dept. of Aeronautics as a pass-through to receive funds from FAA Grant #3-49-0060-13.
St. George City Council Minutes
April 21, 2011
Page Eight

SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
City Planner Ray Snyder advised the Planning Commission at its April 12, 2011 meeting recommended a public hearing be set for May 5, 2011 to consider amending the City General Plan to update the Citys Master Road Plan. Mr. Snyder explained that since that meeting staff had received an email from the Parks Department stating they were working on updating their Regional Trail Master Plan. The Parks Department has requested they be able to present their update along with the update to the Citys Master Road Plan. In order to do that Mr. Snyder stated the Planning Commission is asking to move the Public Hearing to June 2, 2011.

MOTION: A motion was made by Councilmember Almquist to set the public hearing to consider amending the City General Plan for June 2, 2011 rather than May 5, 2011.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Project Manager Todd Jacobsen stated this was a request for the Fossil Ridge Intermediate School Roadway Dedication Plat. He said it is located north of Fossil Ridge Intermediate School and west of the school along Mall Drive where there is a deceleration lane.

City Manager Gary Esplin said when the school was built there were some issues as to why they didnt dedicate the area at that time. He explained there was some question about who would be responsible for the improvements at the end of the road. He asked if the improvements have been put in.

Mr. Jacobsen stated the thought the improvements had been put in but he wasnt sure.

Mr. Esplin said there was a problem with tying the end of the road in with another road.

Mr. Jacobsen said there is a steep hill at the end of the road.

Mr. Esplin recommended the item be tabled for two weeks in order to look in more detail at the road issue.

MOTION: A motion was made by Councilmember Almquist to table the item in order to study the issue further.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Nickle aye
Councilmember Shakespeare aye
Councilmember Bunker aye
Councilmember Almquist aye
St. George City Council Minutes
April 21, 2011
Page Nine


Councilmember Pike aye

The vote was unanimous and the motion carried.

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

Mayor McArthur recommended that John Robison be a member of the Shade Tree Board. Mr. Robison has accepted. Mayor McArthur stated they still needed two additional members for the board.

MOTION: A motion was made by Councilmember Pike to appoint John Robison to the Shade Tree Board.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

City Forester Doug Wulfenstein presented a power point of last years Arbor Day celebrations. He stated the arbor was donated by the Southern Utah Homeowners Association. He said there were over 350 people who volunteered last year.

APPROVAL OF MINUTES:
Consider approval of the minutes of the March 31, 2011 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
Councilmember Bunker aye
Councilmember Shakespeare aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the April 7, 2011 City Council Meeting.

MOTION: A motion was made by Councilmember Almquist to approve the minutes as presented.
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.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Councilmember Almquist to adjourn to an executive session to discuss potential litigation and personnel issues.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:
St. George City Council Minutes
April 21, 2011
Page Ten


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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn Councilmember Bunker.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.




_________________________________
Judith Mayfield, Deputy City Recorder