City Council Minutes

Thursday, August 4,2011



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

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

EXCUSED:
Councilmember Jon Pike

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Scout Josh Barnaman and the invocation was offered by Sheila Smith of the Christian Science Society. Mayor McArthur invited anyone wishing to offer an invocation at a City Council meeting to contact the City Recorder. He then invited several Scouts in the audience to introduce themselves. Mayor McArthur invited the coaches and 10 and 11 year old players of the Dixie Little League All Stars, recent state champions, to introduce themselves.

CONTRACT:
Consider approval of a contract with Bush and Gudgell to perform design services for the 1450 South improvement project.

City Manager Gary Esplin explained the project will widen 1450 South to 3000 East to four lanes. This is the second phase of the 1450 South project.

Purchasing Manager Connie Hood advised the amount of the contract is $70,500.

Mayor McArthur explained that the Citys policy is that developers improve the roadway in front of their projects. This section of roadway is adjacent to property which has not yet been developed and may not be for many years. It is being paid for through the quarter-cent sales tax approved by the voters for transportation purposes.

MOTION: A motion was made by Councilmember Bunker to approve the contract.
SECOND: The motion was seconded by Councilmember Shakespeare.

Jay Sandberg explained that the City is working with Dixie REA on relocating a power substation located in this area.

Mayor McArthur commented that this contract is just for design of the project, and the actual construction of the project will have to be bid.

VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONTRACT:
Consider approval of a contract with Horrocks Engineers to perform design and pre-construction engineering services for flood recovery work.

Purchasing Manager Connie Hood advised the amount of the contract is $82,942. The Citys portion of this cost is $5,615.

City Manager Gary Esplin advised the contract is to perform structural review of the bridges damaged in the 2010 flood.

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


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August 4, 2011
Page Two

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

The vote was unanimous and the motion carried.

CONTRACT:
Consider approval of a contract with Rosenberg Associates to perform design and construction management engineering for the erosion protection repair project phase 2.

Purchasing Manager Connie Hood advised the Citys share of the cost of this project is 25% of the total, or $24,844. The total cost of the project is $99,376.

City Manager Gary Esplin explained the City previously approved Phase 1 of this project, and this is Phase 2 in the Sunbrook area of the City. It consists of repairing rip rap.

Rick Rosenberg explained that Phase 2 includes repair of existing rock wall at the Pointe Subdivision and other areas along the Santa Clara River. This project does not replace all the rock wall that was damaged. Phase 2 also includes the golf cart crossing to Black Rock Nine and replacement of the maintenance road to the golf course maintenance building. It will replace water lines and do work adjacent to number 9 green, and also the Twin Creek Subdivision. It includes construction management and design to repair the rock walls put in by the NRCS. Even though the river shows some improvement since 2005, there is still a long wish list of work to be done as funding is available.

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

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 mega lugs and fittings.

Purchasing Manager Connie Hood explained this is the Citys annual bid. Three local suppliers submitted bids. She recommended award of the bid to the low bidder, Scholzens, in a blanket not to exceed $150,000 for the year. Last years usage was $145,000.

MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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 Clarifloc WER-822 for the Wastewater Treatment Plant.

Purchasing Manager Connie Hood recommended award of the sole source purchase to Polydyne for the second year option in an amount not to exceed $200,000. This product is used to treat the sludge.

MOTION: A motion was made by Councilmember Almquist to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:


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Page Three

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 construction of Forest Park.

Purchasing Manager Connie Hood recommended award of the base bid to the low bidder, Precision Development from Cedar City, in the amount of $294,498. A local bidder has declined the 5% match.

City Manager Gary Esplin commented he is not recommending any alternates.

Zac Koceja explained the scope of work is a neighborhood park which will include a trellis-type pavilion, a functioning irrigation pond surrounded by trees, a restroom, off-street parking, a playground and turf grass. There will be lighting on the pavilion and at the restroom and three lights in the parking area. The alternate bid included design of a small play structure with a nature theme. In the past the City has used the Parks tech crew to install the playground as a cost savings measure. He recommended award of the base bid and purchase of the playground equipment and installation by City crews. Construction will begin August 22 with completion by November 14. There will be five parking spaces. There is available street parking.

City Manager Gary Esplin explained that the City normally does not have a lot of parking in neighborhood parks because it does not want to encourage people coming from outside areas to use the park.

MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Bob Nicholson explained that the Planning Commission, at its meeting held July 26, 2011, recommended that public hearings be scheduled for August 18, 2011 to (1) consider a zone change from A-1 and A-20 to RE-12.5 on 6.314 acres located at 2710 East and south of Crimson Ridge Drive; and (2) consider a general plan amendment on 2.28 acres from MDR to HDR for Color Country Senior Housing at the southeast corner of 900 South and 400 East.

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

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen advised that the Planning Commission, at its meeting held July 26, 2011, recommended approval of the following final plats: Tonaquint Terrace Phase 3, Tonaquint Valley Phase 3, Meadow Valley Farms Phase 1, and Sun Valley Phase 3.

MOTION: A motion was made by Councilmember Almquist to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:
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August 4, 2011
Page Four

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 conditional use permit to operate a bed and breakfast inn and a hair salon in the historic home at 164 West 100 South. Mr. and Mrs. James Gaskell, applicants.

Craig Harvey explained that in 1994 this home was once a bed and breakfast, but the conditional use permit has since expired. Under the landmark ordinance the City can approve limited commercial uses in landmark sites. The application proposes to re-establish a bed and breakfast with three sleeping rooms and a hair salon in the carriage house. All parking will be on appropriate hard surfaces. The Planning Commission recommends approval subject to the following conditions:

1) Four additional off-street parking spaces beyond the two required for the dwelling, for a total of six spaces on site.
2) Maintain an open and clear driveway.
3) Maintain the level of landscaping existing at the time of this approval and maintain the historic quality of the property.

Mrs. Gaskell, applicant, advised there will be only one hair station.

Councilmember Bunker expressed concern that there be no employees in the hair salon.

MOTION: A motion was made by Councilmember Almquist to approve the conditional use permit subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 11, St. George City Code, to define allowable fencing in the old St. George Industrial Park in an M-1 zone.

City Planner Ray Snyder explained this request is staff initiated. This small change will allow for chain link fencing with slats in the old industrial park.

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 ordinance.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from PD Residential to PD Commercial on 26.07 acres located one-half mile northeast of Exit 6 on the Southern Parkway to allow for an RV park in the Desert Canyons project. Curt Gordon, applicant.

City Planner Craig Harvey displayed a site map and map of the access road to the RV park. He presented landscaping details for the RV pads, a site concept and color scheme. The RV park will support 200 spaces with room to expand in the future. Full hook-ups will be

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August 4, 2011
Page Five

provided for all spaces. A restroom, laundry, and pool will be provided. Rentals will be nightly and weekly.

City Manager Gary Esplin commented it needed to be made clear that park models would not be allowed and there are to be no monthly or yearly rentals. All RV park standards in the ordinance must be complied with. A 50' right-of-way will connect the RV park to Desert Canyons Parkway and must be dedicated before the park is open. 25' of asphalt must be provided now, and as improvements in the area are made the road must be fully improved to the required standard. The City will have to consent to the dedication of road through the applicants property, which it is holding as a security interest for the loan from the state. The property will be released as payments are made.

Mr. Harvey commented that the RV park is part of the Desert Canyons master plan and the Planning Commission recommends approval subject to the following condition: the RV park be developed according to the development standards as outlined in Ordinance 10-7D-9, Recreational Vehicle Park/Subdivision Development Standards.

Curt Gordon, representing the applicant, clarified that this is a traditional RV park/campground and they have no plans to allow permanent stays or to sell pads. He stated they also planned on having little cabins on pads for those who need a place to stay overnight but dont have an RV. He stated they intended on developing in phases and would like to have the 6' wall requirement adjacent to the open space waived. They would like to keep the area adjacent to the Ft. Pearce Wash open without any fencing. Their intent is to someday create a linear park in the upper terraces of the Ft. Pearce Wash.

City Attorney Shawn Guzman inquired about a time frame to build the park and the fence.

City Manager Gary Esplin explained the purpose of the fencing requirement is to act as a barrier when there is a conflicting zone, such as higher density or residential vs. manufacturing. He stated he was not sure the intent of the fencing requirement was meant for an open space zone.

Mr. Gordon commented that while it is their intent to someday build a park, he could not commit to a timeline.

City Manager Gary Esplin suggested that if the use changes from open space, then a wall could be required. Further, if Desert Canyons desires a park in this area, it is their responsibility to do so, not the Citys.

Mr. Gordon replied that a park is part of their vision but they do not want it to become a requirement. There is criteria in the development agreement that limits disturbance of the wash.

Councilmember Almquist inquired if accommodation would be made for those with four wheelers who would like to ride in the adjacent Arizona strip.

Mr. Gordon replied that no formal trails are planned at the moment, but it is a good idea and something they would probably like to consider.

Councilmember Bunker inquired about tent spaces.

Mr. Gordon replied they will probably put in a few and is something they would like to be allowed to do.

City Manager Gary Esplin advised that if the tent spaces are not in the narrative which has been presented, the applicant will have to redesign the plan and present it at a later date.

City Attorney Shawn Guzman clarified for the record that it is the intent of the applicants to provide for overnight stays and they agree to limit the length of the stays to that of hotels in St. George or whatever ordinance applies to RV parks.

Mr. Gordon replied that is what they are going to do; they are not looking for permanent residents. They will do whatever the ordinance allows.

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

City Manager Gary Esplin suggested that because of the uniqueness of the site and its location adjacent to the wash, that the applicants not be required to put in a wall.




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MOTION: A motion was made by Councilmember Bunker to approve the zone change and waive the requirement for the wall as long as the adjacent zone remains open space.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-3 to PD Commercial on 4.9 acres located at 2000 East Riverside Drive. Mr. Rich Lewis, applicant.

Bob Nicholson explained that adjacent zoning is R-3 to the north, the Virgin River floodplain lies to the east, and there is PD Residential zoning to the south. The applicant provided large, oversize exhibits, but staff has misplaced them. The project consists of four buildings; two as assisted living. There will be a total of 155 beds. All buildings will be single level. Two retail office spaces will have a combined square footage of 20,900 sq. ft. 136 parking spaces are required and 141 are being provided. He then displayed the site plan. Access will be off the public street. A deceleration lane will be provided. The Planning Commission recommended approval subject to the deletion of the following uses: hospital, mental health treatment center with overnight stay, and construction trade services. No fast food restaurants have been listed. He displayed renderings of the buildings with a material board. The buildings will have a stucco exterior with stone accents and a flat roof.

Councilmember Almquist stated that in the past developers have shown consideration for those who look down on their buildings by screening air conditioning units.

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 with the request that there be some language concerning screening of roof air conditioning units, and subject to the recommendations of the Planning Commission.

City Manager Gary Esplin advised the plan shown has no rooftop air conditioning units. If rooftop units are planned, then the applicant will have to come back for approval.

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

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

The vote was unanimous and the motion carried.

SETTLEMENT AGREEMENT:
Consider approval of a settlement agreement with Renae Legere and David Alldredge regarding a lease termination and relocation of a hangar from the old airport.

City Manager Gary Esplin explained this is agreement is for a hangar lease at the old airport which did not have an ending date. The City Attorney and airport staff negotiated this agreement at a cost of $10,000 plus the City paying the cost of connection fees for a new hangar at the new airport and $1,350 towards geotech fees for the new hangar. In addition, any other fees, such as for a building permit, would also be waived.

City Attorney Shawn Guzman advised that the lessee will also not have to pay rent until 2016, after which they will pay rent at the current rate at that time.

MOTION: A motion was made by Councilmember Almquist to approve the settlement agreement.
SECOND: The motion was seconded by Councilmember Shakespeare.

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Page Seven

VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

GROUND LEASE:
Consider approval of a ground lease for David Alldredge for a hangar at the new airport.

City Manager Gary Esplin advised this lease will allow Mr. Alldredge to construct a hangar at the new airport. Lease payments will begin March 1, 2016.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of supplemental agreement #5 with Quality Excavation for
additional improvements at the new airport.

City Manager Gary Esplin recommended that finishing the vehicle service road around the north end of the runway to tie into the west side of the airport be completed with left-over federal funds from construction of the airport. This was in the original plans and is still within the new airport budget of $160,000,000. The Citys match is included, but the project will not go forward until it can be verified that the FAA funds are still available.

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

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

The vote was unanimous and the motion carried.

GRANT:
Consider approval of the 2011 Justice Assistance Grant (JAG).

City Manager Gary Esplin advised the amount of the grant award is $27,521.

Mayor McArthur inquired if there were any comments from the public. There were none.

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

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

The vote was unanimous and the motion carried.

POLLWORKERS:
Appointment of pollworkers for the upcoming municipal elections.




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MOTION: A motion was made by Councilmember Bunker to approve the appointment of pollworkers as long as they are certified by the City Recorder to qualify as such.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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 July 14, 2011 City Council meeting.

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

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 July 21, 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 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 Bunker to adjourn to an executive session to discuss litigation and a land sale.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.


____________________________________
Gay Cragun, City Recorder