City Council Minutes

Thursday, October 6,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 6, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Girl Scout Katrina Reid and the invocation was offered by Gil Almquist.

Mayor McArthur announced that A Taste of Dixie, sponsored by the St. George Chamber of Commerce, is being held tomorrow at Worthen Park. Lyman Hafen will have a booth there promoting his new book which he wrote in commemoration of St. Georges Sesquicentennial anniversary. The City is kicking off its Sesquicentennial celebration with a wagon company which will travel from Parowan to St. George and end with a celebration in Worthen Park on October 15.

Mayor McArthur read a proclamation proclaiming October 5, 2011 as A Community Prepared to Respond Day in St. George.

The Citys wellness committee presented prizes to the winning participants.

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

AWARD OF BID:
Consider award of bid for tank wagon fuel and lubricants.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Thomas Petroleum, in an amount not to exceed $225,000.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a professional services agreement with Landmark Testing to provide geotechnical report and testing services for approved capital and flood repair projects.

Purchasing Manager Connie Hood recommended approval of an agreement with Landmark Testing in an amount not to exceed $100,000 for geotechnical report and testing services.

City Manager Gary Esplin explained these services will be used for various projects inside the City, including numerous flood control projects and capital projects.

Laura Taylor advised there are approximately 25-30 projects which need testing services. The number varies each year.

MOTION: A motion was made by Councilmember Bunker to approve the agreement.
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
St. George City Council Minutes
October 6, 2011
Page Two

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

CONTRACT MODIFICATION:
Consider approval of a contract modification with Wilson and Company to substantially complete the design for the Red Hills Parkway/Bluff Street Interchange project.

Purchasing Manager Connie Hood recommended approval of the agreement with Wilson and Company in the amount of $144,094.77.

City Manager Gary Esplin explained this is a UDOT project. Bids for the widening project on Red Hills Parkway came in less than the budgeted amount so there are funds for the Citys match for the design of the interchange at Red Hills and Bluff. Getting the design done now could put the City in a position to get funding earlier for the interchange itself. The City is not aware of the States timeline for the preconstruction meeting on Red Hills Parkway.

Cameron Cutler advised demolition of the fourplex is scheduled to take place in November.

City Manager Gary Esplin advised the goal is to keep two lanes of traffic open at all times during construction.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreement and the Citys match in the amount of $144,094.77.
SECOND: The motion was seconded by Councilmember Pike.
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.

AGREEMENT:
Consider approval of a professional services agreement with Alpha Engineering for design and construction engineering services for a replacement irrigation pump station located at the Snow Park irrigation pond.

Purchasing Manager Connie Hood advised the agreement amount is $50,651.

Scott Taylor explained the pond and pump station at Snow Park delivers all irrigation water used in St. George. It pumps the water up to the Skyline pond which redistributes it to large users such as schools, the College, and City Parks. The piping between the pond and the pump station developed a leak and caused the pump station to settle and the piping was severed. The pond and pump station were built in 1986 and the pump station is now physically too small for the Citys use. It has been determined it will be cheaper to replace it than repair it.

City Manager Gary Esplin explained the City is taking water from the Virgin River and other irrigation sources and storing it in this pond and them pumping it to the pond on the Red Hill. It is then fed down a pressurized line to the College, schools, ballfields and parks so that they are all irrigated with non-potable water, thus saving culinary water. The City has been doing this since 1986. It has been a great project and it is now time to put some money back into it.

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

Scott Taylor advised that $300,000 has been budgeted for the design and construction of this project, and the engineers estimate is $240,000.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
St. George City Council Minutes
October 6, 2011
Page Three

Councilmember Nickle - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit, road closure and fee waiver for the Fall Tour De St. George road bike ride October 15, 2011. Margaret Gibson, applicant.

City Manager Gary Esplin advised the event has been held the past few years and he could see no reason why it should not be approved.

Shirley Lysman advised the event brought in 700 riders last year, 70% of whom were from out of town. The event begins and ends at Town Square.

MOTION: A motion was made by Councilmember Nickle to approve the special event permit and fee waiver.
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.

SET PUBLIC HEARING:
Bob Nicholson advised that the Planning Commission, at its meeting held September 27, 2011, recommended that a public hearing be scheduled for October 20, 2011 to consider proposed revisions to Chapter 13D of the St. George City Code, Airport Overlay Zone.

MOTION: A motion was made by Councilmember Almquist to set the public hearing as recommended.
SECOND: The motion was seconded by Councilmember Pike.
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.

PARKING DETERMINATION:
Bob Nicholson advised that the Planning Commission, at its meeting held September 27, 2011, considered approval of 34 parking spaces as an appropriate number for the existing Heideman mortuary at 700 South 1100 East with a proposed 1,261 sq. ft. addition for viewings only. Verden Hannig is the applicant. The requirement is 41 parking spaces. The Planning Commission recommends approval.

Mayor McArthur commented there is a lot of street parking, and people attending viewings come and go and not everyone is there at the same time.

Mr. Nicholson advised that the Planning Commission recommends approval of limiting the mortuary to viewings only - no on-site services can be held.

Councilmember Bunker inquired about landscaping.

Mr. Nicholson replied that this issue is unresolved. Staff is still trying to determine if this is a non-conforming issue. There is 25' of landscaping in the front, but only 3-4' of landscaping on the side. He advised that trees along 1100 East should be required. If the applicant provides some landscaping on the interior, this will count toward the landscaping requirement.

City Manager Gary Esplin advised that staff can encourage the applicants to break up the parking lot with landscaping and put in some medians.



St. George City Council Minutes
October 6, 2011
Page Four

MOTION: A motion was made by Councilmember Bunker to approve the parking determination subject to the recommendations of the Planning Commission as follows:

1. A minimum of 34 parking spaces is approved if the business license includes stated conditions to restrict the use to viewings only and that no on-site services are permitted.

2. Parking spaces shall not be permitted within the required ingress and egress throat area of the driveway on 700 South Street.

The motion also includes the provision that landscaping on the interior of the lot will count toward the landscaping requirements contained in the Citys new ordinance.
SECOND: The motion was seconded by Councilmember Pike.
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.

APPEAL OF SIGN PERMIT DENIAL:
Consider an appeal for denial of a sign permit. Rainbow Sign, applicant.

City Manager Gary Esplin explained that St. George Blvd. is a State right-of-way and there are many encroachments which have existed for years. The applicant would like to make a modification to an existing sign. In order to do so, the City Council will have to decide if it is allowed, or if the sign has to come into conformance. The States position is they feel the new sign design is better than the existing sign and do not oppose the variance.

Steve Davis, applicant, explained the signs owner would like to change the plastic letters to an electronic marquee in order to compete with neighboring businesses. The sign hangs over the public right-of-way but the sign owner has UDOTs permission to do so.

Councilmember Bunker commented the Citys sign ordinance encourages businesses to bring their signs into conformance and not overpower the sidewalks. The ordinance does not say that if the sign is made more attractive it does not have to conform. She inquired if the sign owner would consider pushing the sign back to the north so that it does not overhang the sidewalk.

City Manager Gary Esplin commented that while he has some of the same concerns, because the sign is located on St. George Blvd., this makes relocation of the sign difficult. It would have to be set in the parking lot in order to miss the sidewalk. The City can encourage the sign owner to look at this, or the sign owner can leave the existing sign as it is now.

Steve Davis advised that if the sign is moved back it will lose visibility as the building is built next to the sidewalk.

Mayor McArthur commented it would be a hardship to move the sign.

Councilmember Bunker inquired if just the sign portion could be moved, but not the post.

Mr. Davis replied that this would result in the loss of the architectural nature of the sign and the sign would lose visibility to traffic.

City Manager Gary Esplin commented that many of the buildings along the Blvd. do not have a setback - they are built on the edge of the right-of-way line.

Councilmember Bunkder inquired why there is an ordinance if it does not apply to most of the signs on the Blvd.

Steve Davis replied that if the use of the building changes, then a mandatory change is required. If this motel ceases to be used as a motel, they would have to bring the sign into compliance.



St. George City Council Minutes
October 6, 2011
Page Five

Councilmember Almquist inquired of Mr. Davis if he discusses the monument sign concept with his clients. He inquired if the no vacancy portion of the sign could be on the reader board instead, with the idea that eventually all the signs will drop down as the trees along the Blvd. get taller.

Mr. Davis replied that most sign owners would love to drop their signs down below tree level, but are precluded by the nature of their properties. He stated his number one goal is advertising and to try and get the sign in the right location and where it is visible.

Councilmember Shakespeare commented she liked the suggestion of helping businesses along the Blvd., as the City has done on Main Street, in order to help them redo their signs. There is no sense in having an ordinance if the City is going to give variances right and left.

Mr. Davis replied that there have been a few variances, but they have all been motels which have built to the property line.

City Manager Gary Esplin advised that if the Council denies the request, the applicant will not be able to afford to move the sign and will leave it as it is. Moving the AAA into the reader board would help, and perhaps this and moving the no vacancy could be made a condition of approval.

City Attorney Shawn Guzman advised that if there is a recommendation to approve the request, it should be noted in the motion that the size of the sign is being reduced due to the reader board and that one of the signs on the pole will be removed.

Councilmember Nickle commented it looked to him like the applicant is simply modernizing the existing sign, and every company should have the opportunity to update their signs.

MOTION: A motion was made by Councilmember Pike to approve the sign permit, noting that with this approval the applicant is reducing the square footage of the sign with a reader board, and subject to the requirement that they remove the AAA portion of the sign, and move the No Vacancy portion of the sign up next to the reader board to make it cleaner.
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 - no
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The motion carried.

AGREEMENT:
Consider approval of a financing agreement for Straight Up Aviation. CJ Wade, applicant.

City Manager Gary Esplin advised that approval of this agreement will allow the bank to place a lien on the hangar to cover the cost of relocation to the new airport.

Mayor McArthur left the dias and Councilmember Bunker assumed her role as Mayor pro tem.

City Manager Gary Esplin recommended approval subject to review of the agreement by the City Attorney.

City Attorney Shawn Guzman explained the agreement is for construction costs only which includes the cost of relocation.

MOTION: A motion was made by Councilmember Almquist to approve the agreement subject to review by the City Attorney.
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
Councilmember Nickle - aye


St. George City Council Minutes
October 6, 2011
Page Six

The vote was unanimous and the motion carried.

ACCEPT LAND DONATION:
Consider acceptance of a land donation from PI Real Estate.

City Manager Gary Esplin explained the donation is 4.49 acres of land from the LDS Church. It is located across from the Dinosaur Museum. There are no stipulations or conditions. However, it is recognized that if there are any taxes due on the property, the City will be responsible for them. The City will also be responsible for installing roadway improvements, which it is already doing. This was originally a chapel site until dinosaur tracks were discovered on the property.

MOTION: A motion was made by Councilmember Shakespeare to accept the property donation along with its liabilities which may include taxes and roadway improvements.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunder called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Mayor Pro Tem 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 eliminating or modifying Chapter 13E, Density Bonus Overlay Zone requlations from Title 10, St. George City Code.

City Manager Gary Esplin advised this item was discussed extensively in a work meeting, and the Planning Commission recommends approval.

Bob Nicholson explained the density bonus overlay zone was adopted in February, 2008 with two goals - to have neighborhood parks and trails provided by developers, and to transfer the burden of providing those parks and trails from the taxpayer to the developer. A committee was formed to study the issue and two areas were created. This idea was well intended. It attaches only to zone changes. The first project to use it was Silkwood which resulted in a one acre park which is too small to be accepted by the City as a public park. They had to create a HOA to take care of the park. There have not been any other success stories. The density bonus overlay zone creates an uneven playing field for developers, and small parcels end up having very small amenities, and HOAs have to created to care for the amenities. It is also a complicated ordinance. The Planning Commission feels a better way to achieve the same result is through updating the park impact fee and attach it to every building permit. The recommendation is to delete the density bonus overlay zone and update the park impact fee to more equitably share the costs on everyone. Their recommendation was unanimous.

Councilmember Bunker inquired if the City would than have to purchase property from a developer for a park.

City Manager Gary Esplin explained that in accordance with State law the City needs to update its capital project plan list and then impact fees can be established based on the updated plan. The City is in the process of doing this. The new plan will identify where the City needs to pick up parcels for development as parks and the City Council will decide on the new impact fee.

Mayor McArthur opened the public hearing.

Stacy Young, representing Quality Properties, stated he supported the repeal of the density bonus overlay zone.

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

MOTION: A motion was made by Councilmember Bunker to approve the elimination of the density bonus overlay zone by ordinance.
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

St. George City Council Minutes
October 6, 2011
Page Seven

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/EASEMENT ABANDONMENT/RESOLUTION:
Public hearing to consider abandonment of an existing public easement that runs through a portion of the proposed Dinosaur Crossing Subdivision Phase 1.

City Manager Gary Esplin presented a map of the site and explained that new easements will be provided around the perimeter of the property.

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

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

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

The vote was unanimous and the motion carried.

MISCELLANEOUS:
Councilmember Bunker advised that the Dinosaur Museum board would like to put in a dinosaur garden/park with interactive activities for children south of the facility, and they have raised $7,000 to do so.

APPOINTMENT:
Appointments to boards and commissions of the City.

Mayor McArthur recommended that Christina Fernandez be appointed as a Deputy City Recorder.

MOTION: A motion was made by Councilmember Bunker to appoint Christina Fernandez as a Deputy City Recorder.
SECOND: The motion was seconded by Councilmember Pike.
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.

MISCELLANEOUS:
Mayor McArthur announced that since it is the Citys 150th birthday on January 17, that the City scale back the Twilight to Midnight celebration, perhaps just have a dance, and save the funds for fireworks for the celebration on the 17th. The City Council agreed with this suggestion.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the September 22, 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 Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye

St. George City Council Minutes
October 6, 2011
Page Eight

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the September 29, 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 Pike - aye
Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

ADJOURN TO A CLOSED SESSION:
MOTION: A motion to adjourn to a closed session to discuss potential litigation was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Pike.
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: A motion to adjourn was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Pike.
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.



_________________________________
Gay Cragun, City Recorder