City Council Minutes

Thursday, September 22,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 22, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Gail Bunker
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Gloria Shakespeare
City Attorney Shawn Guzman
Budget and Financial Planning Manager Deanna Brklacich
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
Councilmember Benjamin Nickle
City Manager Gary Esplin

OPENING:
Mayor Pro Tem Bunker called the meeting to order and welcomed all in attendance. She then led the pledge of allegiance to the flag. The invocation was offered by Pastor Jimi Kestin.

Kyle Case, Executive Director of the Huntsman World Senior Games, presented the Mayor Pro Tem and Council members with Senior Games shirts. He announced that the Games will be held October 3-15 and it is the 25th anniversary of the Senior Games. He presented a power point presentation covering the topics of registrations, sand volleyball, power walking, the opening ceremonies, concert and celebration, and womens global cup.

Jimi Kestin announced the Mayors Walk will be held October 1 starting at Bluff Street Park and ending at Worthen Park. The Walk begins at 7:00 a.m., and this is the 25th anniversary of the Mayors Walk. An official presentation to the Mayor and City Council will be made next week. He encouraged everyone to pre-register for the event.

Deborah Reeder, Curator of the St. George Art Museum, presented a power point presentation covering the following topics: family discovery center, summer art classes, gods and heroes of ancient Greece, adult study center, care for your art, museum store, Grand Canyon Grandeur exhibit, museum day, For Love of Art home tour, art conversations and the arts festival.

Councilmember Pike arrived.

Doug Alder announced the St. George Book Festival will be held October 26-29, with a major speaker Wednesday night and a film on Friday night - The Conqueror, which was filmed in St. George in the 1960's. He requested that the fee for use of the Community Arts Building and the insurance fee be waived since the City is a sponsor of the event.

MOTION: A motion was made by Mayor Pro Tem Bunker to waive the fee and insurance requirement.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Mr. Alder commented the City has done a stunning job with the Town Square and the downtown area has made a tremendous transition. He commented there could not be found a Town Square to match that of the City of St. Georges, and the carousel is fabulous.

Mayor Pro Tem Bunker invited the Scouts and students in the audience to introduce themselves.

MOTION: Mayor Pro Tem Bunker advised she would have to briefly leave the meeting at 5:00 on City business. She then made a motion to appoint Councilmember Pike as the temporary Mayor Pro Tem in her absence.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:
Councilmember Pike - aye
Councilmember Almquist - aye

St. George City Council Minutes
September 22, 2011
Page Two

Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

TABLE ITEMS:
Budget and Financial Planning Manager Deanna Brklacich advised that Item 3A, a public hearing to consider a request to amend the Whisper Ridge Phase 2 Amended and Extended plat, and Item 4B to consider approval of an ordinance amending the Whisper Ridge Phase 2 Amended and Extended plat have been removed from the agenda.

CANVASS ELECTION RETURNS:
Canvass of the 2011 Municipal Primary Election returns.

Melanie Abplanalp, Washington County Election Clerk, presented the final election results, as follows:

Total Votes Percentage

Gil Almquist 1867 17.10%
Ed Baca 1287 11.79%
J. Bryan Dial 357 3.27%
Tara Dunn 847 7.76%
Jimmie Hughes 1235 11.31%
Sam Laub 828 7.58%
Matt Mortensen 403 3.69%
Jon Pike 1990 18.23%
Gloria Shakespeare 1610 14.75%
DR Wall 493 4.52%

She cited the Utah Code section which provides that when any candidate loses by not more than a total of one vote per voting precinct, the candidate may file a request for a recount within three days after the canvass. She advised that Sam Laub will have the opportunity to request a recount by Tuesday, September 27 at 5:00 p.m.

MOTION: A motion was made by Councilmember Pike to certify the election results as presented.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT AND FEE WAIVER:
Consider approval of special event permit and fee waiver for Taste of Dixie event to be held October 7, 2011 at Vernon Worthen Park. St. George Chamber of Commerce, applicant.

Gregg McArthur, representing the applicant, explained each year the Chamber sponsors a Business Expo, but this year wants to get the public involved with an outdoor festival featuring food, games, live entertainment, and a childrens play area. There are 80 vendors. He requested approval of the special event permit and waiver of the park rental fee as the City is a sponsor of the event.

MOTION: A motion was made by Councilmember Shakespeare to approve the special event permit and waive the park rental fee.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.
St. George City Council Minutes
September 22, 2011
Page Three

LAND EXCHANGE AGREEMENT:
Consider approval of a land exchange agreement with Suburban Land Reserve and Property Reserve, Inc. at the Sunbrook Golf Course.

Budget and Financial Planning Manager Deanna Brklacich explained approval of this agreement will clean up boundaries and address a golf cart easement at the Sunbrook Golf Course.

City Attorney Shawn Guzman advised that golf courses dont always follow correct boundary lines and encroachments have been found at the Sunbrook Golf Course. This agreement is an effort to clean up those boundaries and the City will be getting free use of water. He stated staff is comfortable with the agreement as drafted.

Shane Smith, representing Suburban Land Reserve, introduced himself to the Mayor Pro Tem and City Council.

MOTION: A motion was made by Councilmember Shakespeare to approve the land exchange agreement, which includes the Sunbrook HOA as well.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Mayor Pro Tem Bunker was excused from the meeting.

CONSENT CALENDAR:
Consider approval of an airport hangar lease with KP Family partnership.

Budget and Financial Planning Manager Deanna Brklacich advised the lease is for six sites and meets all standard lease requirements.

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

Mayor Pro Tem Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Airport Manager Rich Stehmeier advised the City currently has 83 leases at the airport with more coming.
CONSENT CALENDAR:
Consider approval of the financial report for August, 2011.

Budget and Financial Planning Manager Deanna Brklacich commented the City is two months into the new fiscal year and there is not a lot of activity to report.

Finance Director Phil Peterson distributed an updated financial report. He commented that so far sales taxes are up, franchise taxes are holding, and a small increase in building permits has been seen. He is cautiously optimistic.

Mayor Pro Tem Pike commented on the 2% growth in revenues, stating they are right in line with projections. Sales tax is up 4% over last year.

MOTION: A motion was made by Councilmember Almquist to approve the financial statement.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Mayor Pro Tem Pike - aye
Councilmember Almquist - aye

St. George City Council Minutes
September 22, 2011
Page Four

Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

BID OPENING:
Consider approval of an amendment to a contract with Jacobs Engineering for additional airport services.

Purchasing Manager Connie Hood explained this agreement is needed in order to get FAA reimbursement on professional services and does not include any increase in the contract amount.

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

Mayor Pro Tem Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider approval of a sole source bid award to Holbrook Asphalt for the 100 South seal coat project.

Purchasing Manager Connie Hood explained the City would like to apply a sample of HA-5 to 100 South to see how it holds up. The amount of the bid is $37,357.60. It is supposed to last for two years rather than six months.

Cameron Cutler explained that this is a spray-on technique used in parking lots and in the Bloomington Gardens area. Holbrook is a local company and is the sole provider of the product.

MOTION A motion was made by Councilmember Almquist to award the bid as recommended for application on 100 South.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Pike called for a vote, as follows:

Mayor Pro Tem Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Cameron Cutler advised the product will be applied to 100 South from 400 East to 1000 East, hopefully this weekend.

AGREEMENT:
Consider approval of an agreement with Creamer and Noble for design of the Riverside Drive widening project.

Purchasing Manager Connie Hood explained this project includes building a narrow section from Riverside Drive from 400 East to 3050 East in the amount of $132,669.28.

Councilmember Almquist inquired if this project included a signalized intersection by Transport Tire.

Cameron Cutler replied that signal is included in a different project.

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

Mayor Pro Tem Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye


St. George City Council Minutes
September 22, 2011
Page Five

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATE STREET/ORDINANCE:
Public hearing to vacate a portion of 900 South Street east of 400 East by reducing the right-of-way width from 66 feet to 50 feet and vacating the entire right-of-way on the easterly portion of 900 South Street between approximately 450 East and 500 East. City of St. George, applicant.

Budget and Financial Planning Manager Deanna Brklacich explained the City is exchanging vacant right-of-way for property for expansion of a substation.

Bob Nicholson presented photos of the site and explained this item is tied to the next item on the agenda which is a zone change for this piece of property. The request is mutually beneficial and the Citys Energy Services Department would like to pick up some property adjacent to the existing substation. 900 South is a dead-end into the I-15 freeway. Tonight is the public hearing only, with the matter being continued for action in December as the applicant does not have title to the property yet.

Mayor Pro Tem Pike opened the public hearing. There being no public comment, he closed the public hearing.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from MH-6 (Mobile Home) to Planned Development Residential on approximately 2.59 acres located on the southeast corner of 900 South and 400 East Streets. Color Country Community Housing Inc., applicant.

Budget and Financial Planning Manager Deanna Brklacich explained this zone change is for the property discussed in the last item. The Planning Commission recommends approval. One question which needs to be addressed is when the tax credits expire, if this project will remain a senior housing project, and if the City can mandate that.

Bob Nicholson advised the project is considered permanent senior housing, and the applicant has made commitments in order to obtain their tax credit financing. Mr. Nicholson advised the site is 2.59 acres assuming the land trade moves forward. The General Plan designates the property as high density residential. The project has 56 units for seniors, ages 55 and older. The units are one and two bedroom. The site is buffered on the south by the I-15, the Meadows to the west, and to the north is the existing mobile home park. The property today is zoned Mobile Home. 400 East has been extended to connect to Main Street and provides better access to this parcel than existed several years ago. A senior housing project will generate 1/3 of the traffic a general family housing unit will generate. A senior housing project will generate 3.3 trips per day as opposed to 9-10 trips per day for a family unit. Staff feels the streets in the area can accommodate the additional traffic. A PD zone requires a text, site plan and building elevations, which have all been provided. The building will be 38' to the midpoint of the highest roof peak. A cupola is also proposed as an architectural feature in the center of the project. Parking is proposed at 1.5 spaces per unit plus one space per five stalls for visitors. Staff feels this is adequate given the senior housing proposal with 43 one bedroom units and 13 two bedroom units. 46 of the 96 parking spaces are covered. 400 East could possibly fly-over the freeway at some point in the future, and if that were to occur, this access on 400 East would have to be closed due to the ramp. The applicant is aware of this, and there is still good access off 900 South. Staff has stressed to the applicant the importance of a visually attractive building and they have met that challenge. The building facade will be stone and stucco with a tile roof.

Mayor Pro Tem Bunker returned to the meeting.

Mr. Nicholson advised that the Planning Commission recommends approval subject to the following conditions:

1. All site landscaping shall comply with the requirements of Chapter 25 of the Zoning Ordinance Landscaping.
2. The triangular shaped area east of the proposed dog run shall be fully landscaped with trees planted at a minimum of 30 feet on center along the southeast perimeter immediately adjacent to the freeway.
3. The building height is approved for 38' to the midpoint of the roof and the decorative cupola to be located in the center of the roof may be erected to a height of 51'.



St. George City Council Minutes
September 22, 2011
Page Six

4. Parking is deemed adequate as proposed as senior housing at a ratio of 1.7 spaces for the overall project, which includes 1.5 spaces per unit plus guest parking.
5. No metallic glare is to be reflected off of the carport canopies to passing traffic.
6. The proposed land trade shall proceed according to City and State law.

Ty Tippetts, applicant, advised the application to the State is due October 3. They have completed a sound study and the site is conducive to the use and falls within HUD standards. The affordability period is 99 years in the State of Utah, so even when the tax credits expire there is a requirement to keep these units affordable for 99 years. They have elected to make this a 100% senior housing project. This is a firm decision and will go in their application.

City Attorney Shawn Guzman clarified that the applicant has committed to a 100% senior housing project, and this will not change.

Mr. Tippetts replied when they tender their application, it will be chiseled in stone. It will always be a senior housing project. Eight of the units will be fully ADA accessible. Six units will be set aside for veterans.

Mayor Pro Tem Bunker questioned the red color used in the stucco.

Councilmember Almquist questioned if someone under 55 could live there if they were the primary caregiver for their senior parent.

Mr. Tippetts replied this is allowed under HUD if the main tenant is over 55.

Mayor Pro Tem Bunker inquired if the issue with the trailer on the property had been mitigated.

Mr. Tippetts advised the owner of the Grandview mobile home park has offered a site for placement of the mobile home at the same terms they are paying right now.

Councilmember Almquist inquired about the red color proposed for an accent color on the buildings and asked for other options.

Mr. Tippetts replied they are amenable to changing the red color and will get it toned down to a more suitable color.

Mayor Pro Tem Bunker opened the public hearing.

Nancy Norbeck, a resident of Snow Park Townhomes, inquired if it was possible for the density to stay medium density as high density affects her area.

City Attorney Shawn Guzman replied that any fewer units in the proposed project would affect its financial status and the ability to build a project of this nature.

Councilmember Pike commented the property is currently zoned MH, so the density is actually going down.

Ms. Norbeck inquired if the traffic flow was adequate.

Councilmember Pike replied the traffic flow will be about one-third of what it could be. The senior housing project will increase traffic in the area, but it is able to be borne by existing roads.

Ms. Norbeck inquired about security issues.

Councilmember Almquist replied there will be less security issues with this project than if the site contained mobile homes because of surveillance and staff being on site to deal with any disturbances. The project will also be landscaped.

Ms. Norbeck requested a traffic light where 400 East swoops around to meet Main Street as it is a difficult intersection.

Councilmember Shakespeare commented the site is currently zoned MH, and she feels this project is a better use for the land and neighborhood.

City Attorney Shawn Guzman commented that several years ago there was a proposal to do a higher density project on this site.

St. George City Council Minutes
September 22, 2011
Page Seven

Val Peterberg, a resident of Snow Park Townhomes, inquired if there would be adequate water for the Fire Department because of the increased number of homes.

Mayor Pro Tem Bunker replied that this will be addressed in the project review process.

Ms. Peterberg stated she felt the red color proposed as an accent color was too bright.

Peter Norbeck, a resident of Snow Park Townhomes, expressed concern about the frantic traffic in and out of the high school and commented that any increase will be a potential disaster.

Councilmember Pike replied that it could be much worse if the project was not a senior housing project. The owners of the property have a right to develop their property, and right now it could be developed as a mobile home park and there would be much more traffic in that event.

Phyllis Morley, a resident of Snow Park Townhomes, commented that just because the residents of the project will be seniors doesnt mean they wont drive.

Councilmember Shakespeare commented she hoped there would be a Suntran stop nearby in the near future.

Bob Nicholson restated that, according to national studies, a senior housing project will generate 3.3 trips per day per unit. A normal family unit is 10 trips per day. A senior housing project is a relatively low traffic generator and they are typically good neighbors.

Dan Stark explained he has been the victim of three strokes and has lost his job due to his health. He does not want to move from the area and when he heard about this project he felt it was an opportunity to remain here in St. George. He stated he felt this project is a good thing and encouraged approval of the project.

There being no further public hearing, Mayor Pro Tem Bunker closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to approve the zone change, subject to the recommendations of the Planning Commission, and with the stipulations that the applicant must come back with a new color scheme for the buildings that does not include the color red and that the project remain 100% senior housing.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman commented for the record that the reason why the senior housing component is critical is that parking is available on site in this location, and a senior project will have fewer cars utilizing the complex.

PUBLIC HEARING/VACATE STREET/ORDINANCE:
Public hearing to consider vacation of a small portion of the airport access road that runs in a northwest/southeast direction from Little Valley Road to 3000 East at approximately 3600 South. Quality Development, applicant.

Budget and Financial Planning Manager Deanna Brklacich advised that where the City is abandoning the easement the applicant will build a new connection to Banded Hills Drive and dedicate it to the City.

Todd Jacobsen presented the site map and advised the vacation is needed to accommodate development of the Sun Valley Estates project. In the future the entire road will be abandoned as the development moves forward, but today just a portion is being vacated.

Mayor Pro Tem Bunker opened the public hearing. There being no public comment, she closed the public hearing.



St. George City Council Minutes
September 22, 2011
Page Eight

MOTION: A motion was made by Councilmember Pike to approve the vacation by ordinance.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance adopting traffic laws on school property.

Budget and Financial Planning Manager Deanna Brklacich explained that the Washington County School District approached the City and asked for help to enforce traffic laws on school property.

City Attorney Shawn Guzman advised that State law allows school districts to ask the local entity to enforce traffic laws on school property. This is a housekeeping measure and something the City has already been doing.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution updating the billing policy which details the amounts charged for services related to utility fees and service labor.

Budget and Financial Planning Manager Deanna Brklacich explained that Policy No. 10.87 affects the Water and Energy Services Department, billing, shut off notices and labor rates.

Energy Services Director Phil Solomon explained that most of the changes are to bring fees current with the Citys actual costs as these fees have not been raised since the 1980's. Changes are not being made to water or power rates.

Councilmember Pike commented that the increases are minor and they seem reasonable.

Mr. Solomon advised that a significant change is for inspection fees. The City used to charge the fee after the inspection, but will now collect the fee when the plat is dedicated or a building permit is taken out. If the City is asked to do a project or participate in one, staff will give them an estimate up front which will be paid, the City will then do the work, and the customer will be reimbursed or billed for the difference.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution establishing a Regional Flood Control Authority.



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September 22, 2011
Page Nine

Budget and Financial Planning Manager Deanna Brklacich explained this item has been discussed in work meetings and has been postponed until other agencies have approved it.

Public Works Director Larry Bulloch explained creation of a flood control authority has been in the process for over a year to address the need to have a regional perspective to flood control planning. The floods of 2005 and 2010 were in part results of what happened outside of the Citys boundary. The entities have been meeting to see how an organization for flood control planning can be structured. Some cities in the region would like to participate but dont feel they can contribute financially. As a result, two different member groups have been created. A primary member has full authority to act on the Board and make decisions and pay funds into the organization and receive funds to do projects. A cooperating member will be involved in the process but no projects will be done within their areas and they will not have any voting authority nor pay any fees. Voting rights will be based on the size of the community. St. George City will have three votes, Washington City will have two, Santa Clara City will have one vote, and Washington County will have one vote. Five affirmative votes out of seven will be required for a motion to pass. A list of projects has been provided for review. The agreement calls for each entity to have a capital facilities plan adopted. Fees will not be established until after the capital facility plans are in place. The Authority will be managed with existing staff of the various municipalities. Existing manpower, resources and equipment will be used rather than having another layer of government. The objective is to try and make the Authority as efficient as possible to result in the most benefit with the least amount of expense.

Mayor Pro Tem Bunker inquired about the communities who opted out, and if they would have the option of coming on board later if they changed their minds.

Mr. Bulloch replied that they can join at any time, or any member can withdraw at any time. They may not be able to have the benefit from the prior monetary contributions, but they could from that time forward.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Mr. Bulloch advised that hopefully within the next week all the entities will have approved the creation of the Authority.

RESOLUTION:
Consider approval of a resolution of the City Council of the City of St. George, Utah (the Issuer), authorizing the issuance and sale of not more than $2,500,000 aggregate principal amount of Sales Tax Revenue Refunding Bonds, Series 2011; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; delegating to certain officers of the Issuer the authority to approve the final terms and provisions of the bonds within the parameters set forth herein; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; authorizing and approving the execution of a Fifth Supplemental Indenture, a Bond Purchase Agreement, and other documents required in connection therewith; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; and related matters.

Budget and Financial Planning Manager Deanna Brklacich explained that the current economic situation has resulted in one positive benefit - interest rates have lowered for government financing. The Citys financial advisor has looked at outstanding bond issues and recommends that the City refinance the sales tax revenue bonds issued in 2005 for the Town Square and Water Walk. State Bank of Southern Utah has approached the City and offered a 1.7% coupon in order to refinance the bonds. Currently the City has a 3.90% coupon. The City would see a potential savings of $74,000. The alternative is to

St. George City Council Minutes
September 22, 2011
Page Ten

go out on the market and do a bond pricing, and the City could potentially get a 1% coupon. However, the recommendation is to go ahead and approve the private placement with State Bank of Southern Utah. The resolution outlines that the City is not refinancing any more than $2.5 million and is not increasing the outstanding principal or the length of the bonds. This item is also on the RDA agenda.

Finance Director Phil Peterson explained that recent legislation approved appointment of a committee to negotiate the closure of bonds. The committee can authorize the closing of the bonds within the parameters set forth in the resolution, and without having to come back to the City Council for approval. He recommended the resolution be approved. Members of the committee are the Mayor or the City Manager, the Finance Director, and Budget and Financial Planning Manager. He advised that State Bank of Southern Utah has agreed to hold this rate until the October closing.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

ADJOURN TO RDA MEETING:
MOTION: A motion was made by Mayor Pro Tem Bunker to adjourn to an RDA meeting.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Mayor Pro Tem Bunker.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit and fee waiver for the Chili Cook Off at Town Square on October 8, 2011. Dixie Care and Share, applicant.

Sue Longley, representing the Chili Cook Off, explained the event will he held October 8 at Town Square with chili tasing at 11:30 a.m. 15 restaurants are participating this year. The public will be able to taste the chili for a donation and vote for peoples choice. A childrens area will be sponsored by Mountain America Credit Union. There will also be an off-road expo.

MOTION: A motion was made by Councilmember Pike to approve the special event permit and waive the fee.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye


St. George City Council Minutes
September 22, 2011
Page Eleven


The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent to obtain a full service restaurant liquor license from the State of Utah for the Tiki Island, LLC restaurant located at 144 West Brigham Road #14. Lisa Ann Curtis, applicant.

Budget and Financial Planning Manager Deanna Brklacich advised the restaurant is located in the Bloomington Courtyard where the former Island Parrothead Grill was located.

Lisa Ann Curtis, applicant, advised the restaurant has been open for four weeks and is located adjacent to the Wingate Hotel. The restaurant caters to their guests who would like a fruity alcoholic beverage.

MOTION: A motion was made by Councilmember Shakespeare to approve the beer license and local consent.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for a restaurant beer license for The Patio restaurant at 744 North Bluff. William Otto Dunston, applicant.

Budget and Financial Planning Manager Deanna Brklacich advised the Patio restaurant is located where the Sonic Drive-In was located. A variance from the ordinance also needs to be approved since it is within 600' of a public park.

MOTION: A motion was made by Councilmember Pike to approve the beer license and local consent and proximity variance.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Bob Nicholson advised that the Planning Commission, at its meeting held September 13, 2011, recommended that a public hearing be scheduled for October 6, 2011 to consider a zoning regulation amendment to Title 10, Chapter 13, Density Bonus Overlay Zone, St. George City Code, to eliminate Article E in its entirety.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.




St. George City Council Minutes
September 22, 2011
Page Twelve

FINAL PLAT:
Wes Jenkins presented the roadway dedication plat for Desert Canyons Parkway Extension 1. The applicant requests that the City maintain the landscaped islands. Staffs recommendation is that the City not accept these islands for maintenance until the roadway is built to the Airport Parkway roundabout and dedicated to the City. The developer is responsible to improve them, put in the landscaping and irrigation. The applicant has stated they will also keep the weeds under control in the meantime.

MOTION: A motion was made by Councilmember Pike to approve the final plat with the City maintaining the landscaped islands after the roadway is built to the Airport Parkway roundabout and dedicated to the City.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen presented the final plats for Sun Valley Estates Phase 4 and 5. Phase 4 is a six lot residential subdivision located on the southwest corner of Little Valley Road and 3580 South. Zoning is RE-12.5. Phase 5 is a ten lot single family residential subdivision. Zoning is RE-12.5. The roadway vacated earlier ran through Phase 5.

MOTION: A motion was made by Councilmember Almquist to approve the final plats.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to raise an existing cell tower from 50' to 90' and to provide additional equipment shelters near the tower base located on the hillside above the Serenity Hills Subdivision at approximately 2585 East 1800 North. Atlas Tower, LLC, applicant.

City Planner Ray Snyder pointed out the location on a map and advised it is located in an R-1-10 zone on a steep hillside. He presented a site map and photo simulation of the new tower height. The applicant would like approval to co-locate up to four users on the tower, as well as construct a chain link fence around the site. The goal is to increase coverage. The tower has been painted tan to match the surroundings. The Planning Commission recommends approval of a maximum height of 90', to allow construction of the new associated equipment structure, to paint the extended steel monopole tan to match the existing color, to remove the obsolete pager antenna tower along with its associated equipment enclosure, to construct one new enclosure large enough to accommodate new service providers (two equipment shelters may exist on site if new independent shelter is constructed) and a new chain link fence around the pole and equipment shelters. Mr. Snyder then reviewed the findings.

Councilmember Pike inquired if staff was happy with the current tan color.

Mr. Snyder replied that they have not had any complaints.

Jerome Morley, representing Atlas Tower, advised their request is based on the fact that the current tower was built in 2006 to a height of only 50'. Rather than come in for permission to build another, they would like to extend the existing tower which would enable them to add two more carriers. They will remove the existing pager tower and have purchased the property from Bateman. They do have one item of concern, and that is the Planning Commissions recommendation that they build only one more equipment enclosure. Providers are competitors and they run into difficulties if they have to share a building. They do not share their technology or security, and all shelters have to be


St. George City Council Minutes
September 22, 2011
Page Thirteen

individually air conditioned. He requested permission to attach new shelters to the existing brick building and match the brick to appear aesthetically as one building.

Mayor Pro Tem Bunker inquired why the tower was painted tan, and why it was not a natural galvanized steel so that it does not reflect light.

Mr. Morley replied that he was not here in 2006 and did not build the tower. It apparently was condition of approval, and it does look good.

Bob Nicholson advised the Planning Commissions motion was to allow one additional new enclosure for a maximum of two. Their concern was if there were four providers, they did not want to have four independent equipment shelters.

Mr. Morley advised the size of the equipment shelters are typically 10' x 20'.

Councilmember Almquist commented the previous owner of the property scarred the hillside by putting in the access road on the southeast facing slope. He inquired about future excavation of the hillside.

Mr. Morley replied he has a gentlemens agreement to come up through the Stonecliff Subdivision. If that were to become difficult, then he would have to use the access road. He would then clean it up as there are good size boulders in it and it needs to be bladed, but he would make it no wider than it now is. He stated he had no intentions of scarring the hillside more than it already is scarred.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit to raise the existing tower from 50' to 90', and to allow for up to two additional shelters next to each other as close as possible, at a size of 10' x 20' roughly. The pager tower will come down, along with its equipment enclosure, and if improvements are needed to the access road easement, the matter will be presented to the Hillside Board for review and approval. The pole will be matched to the current color of the pole, and any new buildings will match the existing building.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

SETBACK VARIANCE:
Consider approval of a setback variance of 2.5 feet from the back lot line on airport hangar site #54D. Robert Holt, applicant.

Airport Manager Rich Stehmeier explained the reason for the request is that the applicants hangar is a little larger than average and a month ago this same request was granted to Hughes Construction in the same area.

MOTION: A motion was made by Councilmember Almquist to approve the setback variance.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

AIRPORT HANGAR AGREEMENT:
Consider approval of an airport hangar agreement with Robert Holt for site #54D.

City Attorney Shawn Guzman explained this is a standard lease.

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

St. George City Council Minutes
September 22, 2011
Page Fourteen


SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

LEASE EXTENSION:
Consider approval of the Hangar One lease extension at the airport.

Budget and Financial Planning Manager Deanna Brklacich explained this lease is at the former airport for space currently occupied by FedEx. The applicant is Lynn Ginocchio.

City Attorney Shawn Guzman explained this lease has been extended before in order to accommodate FedEx trying to locate in their new facility. The City is still in negotiations with them. In the meantime they need a place from which to operate and asked to extend their lease until April 30, 2012. This should give them time to construct their new facility at the new airport.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

STOREFRONT RENOVATION ASSISTANCE:
Consider approval of a request for storefront renovation assistance for the building at 61 North Main. Dixie Leavitt and Jared Plewe, applicants.

Budget and Financial Planning Manager Deanna Brklacich explained this item was discussed in the RDA meeting. In the event the RDA does not fund this request, staff is asking for review and approval by the City Council.

MOTION: A motion was made by Councilmember Pike to approve the request in an amount up to $3795 in the event the RDA does not fund the request.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the August 31, 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 Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.


St. George City Council Minutes
September 22, 2011
Page Fifteen

Consider approval of the minutes of the September 1, 2011 City Council meeting.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the September 8, 2011 City Council meeting.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.



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Gay Cragun, City Recorder