City Council Minutes

Thursday, June 16,2011



St. George City Council Minutes
Regular Meeting
June 16, 2011 4:00 p.m.
City Council Chambers

Present:
Mayor Daniel McArthur
City Council Member Gil Almquist
City Council Member Gail Bunker
City Council Member Ben Nickle
City Council Member Jon Pike
City Council Member Gloria Shakespeare
City Manager Gary Esplin
Deputy City Recorder Ren Fleming

Opening:
The pledge of allegiance was led by Mayor McArthur and the invocation was offered by Reverend Kestin.

Mayor McArthur introduced Kristine Twiggs from the Shade Tree Board to make presentations.

Ms. Twiggs discussed Arbor Day, the volunteers and clubs that helped with the event. She recognized some of the individuals that contributed significantly to building the amphitheatre.

Bryce Christensen of Bryce Christensen Excavation
John Sorensen of Turf Irrigation
Keena Tanner of Star Nursery
John Costanza
Steve Nelson
Carol Horton

Ms. Twiggs introduced the members of the board attending in the audience.

Councilmember Almquist discussed the work the board does to maintain the trees in the city and the help the board provides the citizens that may have problems with a tree.

Mayor McArthur announced that the city will have a carousel in the Town Square. It is expected to be delivered by July 4, 2011.

Mayor McArthur introduced Nina Heck from the Dixie Care and Share

Ms Heck explained her goal to raise $50,000 for the Dixie Care and Share. She discussed the needs of the families that use the resources. The planned fund raiser is scheduled for June 28, 2011 and will be a call a thon. She requested permission to put up signs around the City to show the fund raising level reached.

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June 16, 2011
Page Two

Mayor McArthur asked where the signs will be located.

Ms. Heck said she will put them up wherever the council gives permission.

The council discussed the desire to work with the Dixie Care and Share in a manner compatible with other fund raising activities that also put up signs. Several locations were discussed as were the number of signs to allow.

The council discussed the bills Dixie Care and Share has to pay, one being a city power bill.

Councilmember Almquist suggested that the power bill be paid by the city up to a point.

City Manager Esplin suggested that might not be the best precedent to set as there are many worthy causes that may ask for similar treatment. He suggested Dixie Care and Share explore the several programs available to help customers with utility bills.

MOTION: Councilmember Bunker made a motion to allow three signs to be placed in the area of Riverside Drive, Smiths Grocery Store on the corner of St. George Boulevard and Bluff Street, provided permission is given, and on River Road near 700 South.

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.

Consider approval of the financial statement for May 2011

City Manager Esplin reviewed the May 2011 financial statement. He briefly reviewed the revenues and expenses and stated that overall the city is in good shape.

MOTION: Councilmember Shakespeare made a motion to approve the May 2011 financials.

SECOND: Councilmember Almquist seconded the motion

Councilmember Pike complimented the City and all department managers on the job they do.

Councilmember Bunker also complimented Mr. Esplin, Mr. Peterson, Ms. Brklacich and all department heads for keeping the city solvent.

VOTE: Mayor McArthur called for a vote as follows:
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker -aye
Councilmember Shakespeare - aye

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June 16, 2011
Page Three


Councilmember Nickle aye

The vote was unanimous and the motion carried.

BID OPENINGS
Consider award of bid for 559 tons of oil for the 2011 chip seal project

Purchasing Agent Hood explained there was only one bidder, Cactus Transport in the amount of $393,383.

Councilmember Pike asked if this is the product where oil is applied and then the aggregate.

Cameron Cutler indicated the chip seal process applies oil and then aggregate on top of the oil with any extra aggregate swept off.

City Manger Esplin explained this is the most cost effective way to do the project. It is a three stage process that takes effort and time but it lasts longer than other methods.

There was discussion regarding the preparation work done to seal cracks and fill potholes before the chip seal is applied. A temporary speed limit reduction is posted for the section of road where the project is in progress.

There was discussion regarding the pricing and delivery of the product and when the work will be done. The product will be purchased in the current fiscal year; projects may not be completed until after the start of the next fiscal year.

MOTION: Councilmember Pike made a motion to award the bid to Cactus Transport to provide 559 tons of oil for the 2011 Chip Seal Project in the amount of $393,393.

SECOND: Councilmember Bunker seconded the motion.

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 award of bid for 3,700 tons of aggregate for the 2011 chip seal project

Purchasing Agent Hood explained there were two bidders for the chip seal aggregate supply. Sunroc was the low bidder at $62,678.

Councilmember Almiquist commented that it was good to have a local supplier for this product. He asked if both Western Rock and Sunroc bid on the same product or did one bid round and one bid crushed aggregate.


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June 16, 2011
Page Four

Cameron Cutler indicated the bidders bid on angular crushed aggregate.

MOTION: Councilmember Shakespeare made a motion to award the bid of chip seal aggregate to Sunroc in the amount of $62,678.

SECOND: Councilmember Pike seconded the motion.

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 award of bid for the 2580 East 1450 South intersection improvement project

Purchasing Agent Hood indicated this bid came in under the engineers estimate. JP Excavating, a local bidder, is the low bidder at $54,411.

The council discussed the area that will be improved and what the project will involve. The plans for the next year were discussed.

MOTION: A motion was made by Councilmember Almquist to award the bid to JP Excavating in the amount of $54,411.

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.

STAFF REPORTS
Consider approval of a request for an on-premise beer license and local consent for a limited restaurant license for the Black Bear Diner located at 1245 South Main Street.

City Manager Esplin reviewed the application.

There was discussion regarding the number of restaurants in St. George.

Randy Wong indicated he and his partner have a restaurant in Sandy Utah. This location will be the second one in the state. The menu will feature hand cut steaks and homemade soups. The hours of operation will be from 6:00 am to 10:00 pm. He hopes to open in mid July. The restaurant should create about 75 to 80 jobs; local contractors will be hired to do the remodeling work.

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June 16, 2011
Page Five

MOTION: A motion was made by Councilmember Bunker to approve the request for an on-premise beer license and local consent for a limited restaurant license for the Black Bear Diner located at 1245 South Main Street.

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.

Consider approval of a request for a single event alcohol permit, waiver of the single event permit fee, and local consent to obtain a single event alcohol permit from the State of Utah for the Washington County Childrens Justice Center fundraiser.

City Manager Esplin explained this request is for a fund raising event similar to the one that was approved last year.

Debra Wood from the Justice Center explained the first annual Mystery Dinner Theater was last year, wine was served and there were no problems. She commented that invitations have been mailed to the council and Mayor. She also requested that flyers be posted at the councils places of business. The event is planned for August 5, 2011. If the first night of the event is sold out, a second night is planned for August 6, 2011. The event will be at the bell tower by Iggys Restaurant and will costs $95 per person.

Councilmember Nickle asked if every drink that is sold is additional money for the justice center.

Ms. Wood replied yes.

Councilmember Bunker asked if the event was successful last year.

Ms. Wood indicated it was and that the organizers expect this year to be a success as well.

MOTION: A motion was made by Councilmember Nickle to approve the request for a single event alcohol permit, waiver of the single event permit fee, and local consent to obtain a single event alcohol permit from the State of Utah for the Washington County Childrens Justice Center fundraiser.

SECOND: The motion was seconded by Councilmember Almquist

Councilmember Pike clarified that this is a single event permit and single event fee waiver.

Councilmember Almquist noted that the wine will be served by those currently licensed to so.





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June 16, 2011
Page Six

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 three non-profit agreements as part of the Community Development Block Grant for the 2011-2012 fiscal year.

City Manager Esplin reviewed the three non-profits, The Dove Center, Center of Washington County and Five Counties Association of Government.

MOTION: A motion was made by Councilmember Pike to approve three non-profit agreements as part of the community Development Block Grant for the fiscal year 2011-2012.

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.

Consider approval of a request to deed 9,189 square feet of City property located next to 475 Skyline Drive to the applicant in exchange for utility easements across the applicants property.

This item was tabled as the applicant was not present.

Report from the Planning commission meeting held June 14, 2011

Request Public Hearings

Ray Snyder requested public hearings to be scheduled for July 7, 20011 to consider the following:

A zone change request from A-1 to RE-12.5 with a deed restriction on 15.89 acres located at approximately 3580 South and east of Little Valley Road. The project would be Sycamore Estates at the Arbors residential subdivision, case number 2011-ZC-006.

A request to amend the City General Plan on approximately 612 acres in the South Little Valley area, the area generally bounded by airport ridge on the south, 3000 South on the north and 3200 East on the east and Little Valley Road and Ft. Pierce Wash on the west, by changing areas currently designated as Medium Density Residential to Low Density Residential, and generally reducing residential density within the plan area, case number 2011-GPA-003.


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June 16, 2011
Page Seven

MOTION: Councilmember Bunker made a motion to set two public hearings as stated.

SECOND: Councilmember Almquist seconded the motion.

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.

FINAL PLATS
Consider a final plat request for Childrens Dental located at 850 North 2860 East Street.

Todd Jacobsen reviewed the easement changes associated with this request.

Consider a final plat for Sun River Phase 33 located at approximately 1800 West and 5100 South in the Sun River Development.

Todd Jacobsen indicated this is zoned as PD.

Councilmember Bunker asked if this will be a dead end street.

Mr. Jacobsen indicated the future plans are for the street to be a through street.

MOTION: Councilmember Pike made a motion to approve both final plat requests; Childrens Dental located at 850 North 2860 East Street and Sun River Phase 33 located approximately at 1800 West and 5100 South in the Sun River Development and to authorize the Mayor to sign the plats.

SECOND: Councilmember Almquist seconded the motion.

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 HEARINGS ZONE CHANGE/ ORDINANCE

Public hearing to consider approval of an amended plat for Pine View Commercial Center subdivision No. 2 at 850 North 2860 East to remove Lots 1 and 2 from the plat so they can be combined into a future condominium plat.




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June 16, 2011
Page Eight

Todd Jacobsen reviewed the plat for Pine View Commercial Center and the plan to vacate Lot 1 and Lot 2 and the easements associated with them. The lots will be vacated and platted as the Childrens Dental. The public hearing is required as the applicant was not able to get consent from all the owners.

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 amend the plat by ordinance for Pine View Commercial Center subdivision No. 2 at 850 North 2860 East to remove Lots 1 and 2 from the plat so they can be combined into a future condominium plat.

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.

Public hearing to consider approval of an amended plat for Tuscan Hills Phase 2 amended located at 1259 Province Way to combine three lots into two lots and eliminate Lot 220.

Todd Jacobsen reviewed the lots number 219,220 and 221 and the intention to combine the three lots into two lots number 219 and 221. He explained a house was built in the wrong location so this action will abandon the existing easements and establish new easements with the new lot line locations. There are no other changes associated with this request.

Mayor McArthur asked if the action can abandon existing easements and create new easements one statement.

Deputy City Attorney Houston indicated that it can be done provided it is stated in the motion.

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 for Tuscan Hills Phase 2, combing three lots, number 219,220 and 221 into 2 lots number 219 and 221 and at the same time abandoning public easements on the lot lines previously platted and establishing new easements along the new lot lines.

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

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June 16, 2011
Page Nine


Councilmember Nickle aye

The vote was unanimous and the motion carried.

Public hearing to consider a zone change request from PD Residential to M-1 for 51.95 acres located on the east side of River Road and generally east and northeast of the existing Sunroc block plant about 3600 South River Road.

Ray Snyder reviewed the history of the actions taken with regard to this request. He presented a Power Point which detailed the area and other mining and mineral actions in the area. He indicated Progressive Contracting Inc (PCI) has an existing conditional use permit The Cottages is the closest residential neighbor and the Fountain Heights apartments are across the street. In the long term the area will be developed for industrial buildings. He reviewed a letter sent by Little Valley residents regarding their concerns over air quality and other issues related to the development. He discussed the request made by residents for the city to buy equipment to monitor air quality. He indicated the applicant will also have to get a hillside permit and conditional use permit to mine the gypsum in the proposed zone.

Councilmember Bunker asked how many phases are planned.

Mr. Snyder replied there are six phases.

Councilmember Pike commented that this request would replace what was planned as open space with M-1 industrial that could end up being very close to high density residential. He asked what will the area be like if this is approved compared with what was approved as PD.

There was discussion regarding the current zoning which includes a buffer zone from the high density residential transitioning to manufacturing with one acre equestrian lots between the two areas.

There was discussion concerning a site visit made earlier in the year. A gradual change in density from low to high was intended at that time. This request would result in M-1 zone directly adjacent to the residential PD zone. The impact to the current residents and future residential development was discussed.

John Wilson with PCI made a Power Point presentation. He explained the property belongs to State Institutional Trust Lands Association (SITLA). The presentation had a drawing of the proposed grading plan which is designed to mitigate the existing scar. He reviewed the phasing plan. He commented that PCIs existing air quality permit does not allow the company to expand the operation. The intent is to move the operation with the same permit while reclaiming the area behind the proposed zone. He discussed the amount of blasting done in the year 2010 including times and dates. He explained trucks were enclosed and covered. He reviewed the truck route indicating that 99% of material goes to Las Vegas via Interstate 15. He discussed what is planned for future.

The blasting activity was discussed. It was done sub-surface. How the unmarketable material is used was discussed.

Mr. Wilson indicated that primarily top soil is used as filler for the reclamation process.

Councilmember Pike asked regarding air quality, specifically what is PCI responsible for and what is the citys responsibility He also asked what equipment does the city have to monitor air quality.

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June 16, 2011
Page Ten

Mr. Wilson indicated the air quality permit requires the use of best available technology for monitoring opacity, which is the visible air quality measurement.

There was discussion regarding what PCI does to control dust that results from the mining operation.

There was discussion regarding other areas where gypsum can be mined. Some areas are now restricted due to endangered species or are further from St. George across the state line in Arizona.

The meetings held with the neighbors that would be affected were discussed. The amount of acres requested in the zone change was discussed with respect to whether more acres are requested than what is needed.

Mr. Wilson indicated the neighborhood meetings went well. He also indicated that the proposed mining operation wont disturb all of the area in the proposed zone.

Councilmember Almquist asked why PCI is requesting more land under M1 designation than it plans to mine.

Mr. Wilson indicated that SITLA prefers square blocks when a zoning change is requested. He indicated PCI could redesign the proposed zone drawing around the grading plan.

Councilmember Pike expressed concern regarding how the property will be developed in the future if this zone change is permitted as currently submitted.

The council discussed limiting the zone change to the area PCI wants to use per the grading permit. Limits specific to a PD zone were discussed as well as concern regarding what will be done with the rest of the area requested outside of the mining operation. The possibility of having homes immediately adjacent to an industrial area was discussed.

Deputy City Attorney Houston commented that developers of the PD zone have a right to ask at any time for approval to build houses because the plat has already been approved. She explained that although PCI is making this request in order to conduct a mining operation, granting this zone change would be permitting any manufacturing use in the M1 zone. The use of the property within the proposed M1 zone could change at any time.

Russ Limb spoke to some of the issues raised in the discussion. He indicated gypsum dissolves and isnt suitable for building houses on, so mining the gypsum might make the land more useful. He indicated that from what he has been told from SITLA, there are no plans to build anything in the open space, leaving a buffer area between the residential and M1 zones. He asked if the zone change could be granted while mining is ongoing and changed back to PD when the operation is complete.

Councilmember Pike indicated that can be done, but a current council cannot bind a future council, meaning there is no guarantee a future council will change the zone back to PD and any approved M1 use can occur while the area is zoned as such.

There was discussion regarding the number of jobs that may be created as a result of the mining operation, moving the mining operation to the southern part of the proposed zone change area, and if SITLA would agree to preserve a 300 foot buffer between the M1 and PD zone.



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June 16, 2011
Page Eleven

City Manger Esplin suggested the item be tabled at this time with the understanding that the item will be on a work meeting agenda at a time when SITLA can be involved. This would allow time to address the potential affect on the current residents and to consider the best use of the resource.

Russ Limb reviewed the things PCI has done to lessen the issues of concern to people in the area.

Mayor McArthur opened the public hearing,

Ed Bacca addressed the blasting issue and asked where the seismographs will be located and will there be a system for filing damage claims from blasting. He also commented on the air quality control and asked if there is a sufficient water source for damping down and if will there be any capital outlays from the city for water.

Mayor McArthur explained its up to the applicant to bring water to the site; the other questions have to be answered by the contractors.

Gus Panus commented that the contractor doing the excavation is doing a good job of it. His question is for SITLA with respect to air quality. He questioned the consistency of air quality monitoring and suggested SITLA purchase and install an air quality monitor.

Mike Small explained he represents himself and Citizens for Dixies Future. He expressed concern regarding air quality and no written plans. There is opacity monitoring and particulate monitoring that needs a device. He expressed concern regarding air quality degradation in the area. He commented that the data should be comparable and acceptable to the city and Division of Air Quality. He doesnt want be like some other counties that are in non-compliance with air quality standards. He provided two recommendations:

1. Install two monitoring devices and the cost shouldnt be borne by the city, it should be borne by the applicant or SITLA.
2. One should be placed towards the dominant wind direction and another one on the opposite section of property to determine the contribution of particulate matter based on the readings from the two devices.

Doug Esplin expressed concern regarding air quality and the lack of quantitative measurements.

Bill Swensen with Development Services concurred with Mike Smalls suggestion of two monitors and suggested that at a minimum a measurement should be taken to determine what is going on today and compared to future measurements. He indicated that two weeks ago the third season of air monitoring started. That monitoring does not identify the PCI area, its in the Little Valley area. He explained a representative from SITLA has volunteered to approach his board for some possible funding for monitoring, he does not know the decision of the board.

Whether the city should purchase a monitoring device and request the property owner to purchase one as well was discussed. Changing the boundary lines for the zone change was discussed.

Seeing no other individuals wishing to comment, Mayor McArthur closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to table this item and suggested putting it on a work meeting agenda, two meetings after this one.


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June 16, 2011
Page Twelve

City Manger Esplin suggested scheduling a work meeting in the next 30 days to discuss these issues and to request the Planning Commission, SITLA, PCI and area residents participate.

AMENDED MOTION: Councilmember Almquist amended his motion to concur with Mr. Esplins suggestion.

SECOND: The motion was seconded by Councilmember Pike

VOTE: Mayor McArthur called for a voted 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 to consider approval of an amendment to Title 10, Chapter 7A, St. George City Code, to allow the sale of eggs and produce in the RE zones on lots of 20,000 square feet or larger

Bob Nicholson explained this code amendment will allow the sale of home grown eggs or produce. It was supported by Little Valley Review committee in 2010. Staff will need to change the home occupation ordinance to allow consumers to come to a residence to purchase vegetables and eggs. That change will have to come back at later date to the council for review.

There was discussion regarding the reasons for restrictions on home occupation businesses. The restrictions are to avoid problems with limited parking and excessive traffic in neighborhoods.

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

MOTION: Councilmember Nickle made a motion to approve by ordinance an amendment to Title 10, Chapter 7A, St. George City Code, to allow the sale of eggs and produce in the RE zones on lots of 20,000 square feet or larger

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.

PUBLIC HEARING/RESOLUTION:
Public hearing to consider adoption of the 2011-2012 fiscal budget.



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June 16, 2011
Page Thirteen

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

City Manger Esplin suggested the additional capital discussed in other meetings be included in the 2011/12 budget.

MOTION: A motion was made by Councilmember Pike to adopt by resolution the city budget for 2011/12 FY including additional items discussed over the last month.

SECOND: Councilmember Bunker seconded the motion.

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 to consider amendments to the 2010-2011 fiscal budget.

Mayor McArthur suggested Mr. Esplin provide a brief overview of the budget amendments as the list is ten pages long.

City Manger Esplin indicated the full list of amendments is provided in the agenda packet. He highlighted some of the items and indicated some of the increased costs were offset by higher revenues.

Mayor McArthur opened the public hearing.

Ed Bacca asked if this budget reflects all the financial obligations associated with the new airport and any related legal matters.

City Manger Esplin replied that there are no legal matters at this time and all obligations are taken care of.

Seeing no other individuals wishing to comment, Mayor McArthur closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to approve by resolution amendments to the 2010-2011 fiscal budget as presented

SECOND: Councilmember Bunker seconded the motion.

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.

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June 16, 2011
Page Fourteen


ADJOURN TO REDEVELOPMENT AGENCY MEETING:

MOTION: Councilmember Almquist made a motion to move out of the regular City Council meeting and to convene the Neighborhood Redevelopment Agency of the City of St. George.

SECOND: Councilmember Pike seconded the motion.

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


The regular City Council meeting then reconvened.

STAFF REPORTS
Consider approval of a conditional use permit to construct an 80 high cell tower on the east side of I-15 south of Interchange No. 2.

Ray Snyder indicated staff notified the applicant that the item was on this meetings agenda, however, no one representing the applicant is present.

City Manager Esplin suggested tabling the item until the next available meeting.

The item was tabled.

PRELIMINARY PLATS
Consider a request to approve a twenty (20) single family lots and 15 single family planned development homes plus a lot for a future spa located in the Ledges by hole 15 on the golf course.

Wes Jenkins provided some history on the development. He indicated the outside lots will be half acre lots, the inside lots will be one acre lots. A future spa will also be located on this property. The 15 inside lots will be more like a planned development. The lots will have shared driveways to minimize disturbance to the land. There will be limited common area behind the homes. The applicant is working with the Water Services Department to extend the line and resolve a water quality issue. Waste water services will have to be serviced through a pressurized sewer system and pumped to Silver Cloud Road. This will be a gated community.

There was discussion as to whether a gated community was approved previously.

City Manger Esplin indicated it was approved earlier as was the private road.

Wes Jenkins reviewed the design for the development, highlighting the section up for approval.



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June 16, 2011
Page Fifteen

City Manger Esplin commented that the current policy is not to allow gated communities with public streets. However, this site is unique as is the site next to Snow Canyon State Park. There is potential conflict with standard specification in the subdivision ordinance but in the city standards there is some flexibility to look at a different plan. He outlined what the developer is proposing as an alternative to the standard a curb and gutter. Staff realizes rarely will a site like this with a mixture of one acre and half acre lots with common areas be developed. He suggested trying one to see if it works and noted the city will not be responsible for the maintenance of the streets as they will be private streets. The Home Owners Association (HOA) will be responsible for repair and maintenance. Additionally, the area has a lot of sand so it should drain well.

Wes Jenkins indicated the private street will be required to have a sidewalk on at least one side. A 300 foot setback from state park is required and all homes have to be single level.

Deputy City Attorney Houston said the CCRs for the HOA will come with the final plat and will have to address issues related to common areas and driveways.

Alan Wright explained that from his standpoint he has been fairly responsive regarding what he has been asked to do to meet the topography issues. There will be only single story homes. He indicated the road section and sidewalk locations need to be agreed upon between the developer and the Planning Department staff.

The issue of visibility from Snow Canyon State Park and the amount of land disturbance was discussed.

Mr. Wright indicated the homes wont be seen from the group campground in Snow Canyon State Park and that the developer will try to leave existing trees and such, although, there is one tree in lot 5 that may have to be removed.

MOTION: Councilmember Pike made a motion to approve the preliminary plat as discussed with roadway design and layout as approved by the Planning Department staff.

SECOND: Councilmember Almquist seconded the motion.

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 a preliminary plat request for Meadow Valley Farms Phase 1 to create twelve (12) single family residential lots.

Wes Jenkins indicated there is one change with regard to the 50 foot road, the actual right of way (ROW) on interior roads will be 58 feet with landscape strips and a ROW on either side of property line. He explained that developer has determined it is cost prohibitive to extend the city irrigation water to the development so the applicant is trying to acquire irrigation rights from other sources. The one acre lots are to comply with the 100 foot buffer zone between equestrian lots and the Little Valley Ranchos subdivision.
St. George City Council Minutes
June 16, 2011
Page Sixteen

MOTION: Councilmember Bunker made a motion to approve the preliminary plat request for Meadow Valley Farms Phase 1.

SECOND: Councilmember Pike seconded the motion.

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 a request to open a clearinghouse account in which the city will deposit funds and TSA will draw from as background and security clearance are requested for the airport.

City Manger Esplin explained the purpose of the account and commented that this is basically a housekeeping item.

MOTION: Councilmember Almquist made a motion to approve the opening of a clearinghouse account in which the city will deposit funds and the TSA will draw from as background and security clearances are requested for the airport.

SECOND: Councilmember Shakespeare seconded the motion.

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 to various boards and commissions of the City

Mayor McArthur indicated there were no appointments to make this evening, however, he asked the council to submit suggestions for some vacancies on the Planning Commission. He also encouraged council members to attend the committee meetings for which they are assigned.

Consider approval of the minutes of the May 26, 2011 City Council meeting

MOTION: A motion as made by Councilmember Almquist to approve the minutes of the May 16, 2011 council meeting as submitted.

SECOND: The motion was seconded by Councilmember Bunker




St. George City Council Minutes
June 16, 2011
Page Seventeen

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 June 2, 2011 City Council meeting

MOTION: A motion as made by Councilmember Bunker to approve the minutes of the June 2, 2011 council meeting as submitted.

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

ADJOURN TO AN EXECUTIVE SESSION:

MOTION: Councilmember Almquist made a motion to adjourn into a closed session to discuss pending legislation.

SECOND: Council Member Shakespeare seconded the motion.

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:

MOTION: Council Member Almquist made a motion to adjourn from the closed session and reconvene the regular meeting.

SECOND: Council Member Nickle seconded the motion




St. George City Council Minutes
June 16, 2011
Page Eighteen

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:
MOTION: Council Member Bunker made a motion to adjourn the regular meeting.

SECOND: Council Member Pike seconded the motion.

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

Minutes recorded by:



Ren Fleming, Deputy City Recorder