City Council Minutes

Thursday, November 17,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 17, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Gail Bunker
Councilmember Gloria Shakespeare
Councilmember Jon Pike
Councilmember Gil Almquist
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
Councilmember Ben Nickle


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

Victor Hogstrom, General Manager of Utah Public Radio, advised that Utah Public Radio is the only network which provides statewide news on the radio. They have correspondents all over the state and their vision is to feature people, places and things of Utah. Utah Public Radio can be found on channel 90.9 FM in St. George.

Kathryn Murray of Premiere Adoption explained that November is National Adoption Month. Premiere Adoption is a local adoption agency which does domestic adoptions. An adoption celebration will be held this weekend in Worthen Park from 10:00 a.m. to 11:30 a.m. She then introduced Mr. Oodina, the Ethiopian Coordinator of West Sands Adoption, which does international adoptions.

Mr. Oodina advised there are 8 million orphaned children in Ethiopia and in the last few years only 7,000 have been adopted. He has visited the children in St. George who have been adopted to see how well they are doing. Adoption is a sacred work and saves many childrens lives.

Mayor Pro Tem Bunker read a proclamation proclaiming November 19, 2011 as National Adoption Day in St. George and presented the proclamation to Ms. Murray.

HANGAR LEASE AGREEMENTS:
Consider approval of airport hangar lease agreements with Diamond Flying, LLC, SNF Rentals and Steve Howcroft.

City Manager Gary Esplin advised that all requirements have been met. Staff recommends approval.

MOTION: A motion was made by Councilmember Shakespeare to approve the agreements.
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.

FINANCIAL REPORT:
Consider approval of the financial report for October, 2012.

City Manager Gary Esplin advised that the City is doing well the first four months of this fiscal year and there are no major issues at this point.

Councilmember Almquist stepped away from the dais.

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

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November 17, 2011
Page Two

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

The vote was unanimous and the motion carried.

Councilmember Almquist returned to the dais.

RESOLUTION:
Consider approval of a resolution revising the Flood Control Interlocal Agreement.

City Manager Gary Esplin advised that Washington County wanted to make a few minor changes to the agreement, and it has been sent to all parties (Washington City, Santa Clara City, Washington City and St. George) for signature.

Public Works Director Larry Bulloch advised that Ivins and Hurricane are cooperating members but are not providing any funding.

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.

AGREEMENT:
Consider approval of an agreement with Rosenberg Associates to design the flood recovery phase V project.

City Manager Gary Esplin advised this agreement is to continue the flood repair program along the Santa Clara River.

Purchasing Manager Connie advised the amount of the agreement is $30,451 for work around the Tonaquint Park and adjacent to the Southgate Golf Course.

Rick Rosenberg advised the work consists of repairing the NRCS rock walls. The proposed work does not extend into the County as that is a separate project.

City Manager Gary Esplin commented that the County will be responsible to pay the match on those improvements outside the City limits.

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

PRESENTATION OF AUDIT REPORT:
Presentation of the FY 2011 audit report.

City Manager Gary Esplin explained that under State law, the audit must be submitted to the State by December 31. The Citys auditors do an exceptional job.

Ken Hinton announced the successful completion of another years audit ending June 30, 2011. It has been filed with the federal government and will be filed with the State Auditors Office tomorrow. He encouraged the Mayor Pro Tem and Councilmembers to call him with any questions. The financial statement includes a clean audit opinion in compliance with federal and state laws. He thanked the Mayor Pro Tem, City Council and City management staff for the responsible way in which the City manages its finances.

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November 17, 2011
Page Three

Councilmember Shakespeare commented that the budget goes through the Citys financial department, then the independent auditor, then the City Council, and finally the State. Many eyes look over the budget to make sure it is done right.

Finance Director Phil Peterson advised that the financial report will be on the Citys website tomorrow.

MOTION: A motion was made by Councilmember Almquist to accept and approve the audit report.
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.

BEER LICENSE:
Consider approval of an off-premise beer license for Ernies Too located at 994 E. St. George Blvd. Don Ipson, applicant.

City Manager Gary Esplin explained this license will be for the new project located on the corner of St. George Blvd. and 1000 East. The application has been reviewed and staff recommends approval. There was an existing license at this location years ago, but this will be a new license.

MOTION: A motion was made by Councilmember Pike to approve the beer license.
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:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held November 8, 2011, recommended that a public hearing be scheduled for December 1, 2011 to consider a zone change request from A-1 to RE-12.5 on 10.778 acres located south of Sun Valley Estates Phase 6 and east of Sun Valley Estates Phase 5. The applicant is Quality Development.

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 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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for The Estates at Valderra, a 40 lot subdivision located on 32.5 acres with a density of 1.42 units per acre. Zoning is PD Residential. The General Plan designates the site as Low Density Residential. The applicant has divided some one acre lots into half acre lots for a total of 40 lots. This area was originally approved for 45 lots in the PD text, so five more lots will be allowed in the future based on the master plan.

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



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November 17, 2011
Page Four

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Desert Canyons Town Center Commercial, a 10 lot mixed use commercial subdivision on 34.737 acres. The general plan designates the site as town center. The applicant is Desert Canyons. A letter of map revision to move the flood plain will have to be provided. Desert Canyons Parkway and Cottonwood Crossing Drive will provide access to the commercial lots. Regional and community trails run through the subdivision and will be built as the subdivision is built.

MOTION: A motion to approve the preliminary plat was made by Councilmember Pike.
SECOND: The motion was made 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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Sunland Professional Park, a four lot commercial subdivision. Zoning is Administrative Professional. The applicant is Ence Development. There are four existing buildings that the applicant would like to subdivide into separate lots for financing purposes. However, all four buildings are served by one water meter and one sewer lateral and the City normally does not allow this. However, if an agreement can be obtained from all four building owners that everyone will share in the cost, then staff recommends approval.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat, subject to legal review of the water and sewer issues.
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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Ence Executive Towers consisting of two existing buildings on 1.984 acres with zoning of C-3. They would like to do the same thing as with the Sunland Professional Park for financing purposes. The same type of agreement will be required as there is one water meter and one sewer lateral serving both buildings.

MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat subject to legal review of the water and sewer issues.
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.

FINAL PLATS:
Todd Jacobsen presented the final plat for Lava Flow Drive and Little League Drive located around Snow Canyon High School. This portion of Lava Flow Drive and Little League Drive has been there for years but has never been dedicated. The School District recently purchased this property from the BLM which allows the City to now plat the

St. George City Council Minutes
November 17, 2011
Page Five

roads. Zoning is R-1-10. The length of Lava Flow Drive being dedicated is approximately .70 of a mile and Little League Drive is .20 of a mile. The City is also giving an easement for public utilities on the east side of the road.

Todd Jacobsen presented the final plat for Sage Meadows Subdivision Phase 1, a one lot commercial subdivision. The School District would like to locate an elementary school on this site, which is at the northeast corner of 2780 East Street and 2000 South. Zoning is R-1-10.

MOTION: A motion was made by Councilmember Shakespeare to approve both final plats and authorize the Mayor to sign them.
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.

AGREEMENT:
Consider approval of an agreement with the St. George Musical Theater.

City Manager Gary Esplin advised that this issue has been discussed in several work meetings and the issues talked about have been drafted into the agreement. The City will provide a sponsorship of $10,000 for the first play only, and act as a backstop to get the SGMT up and running. They will have the responsibility to raise all funds to make change to the location to accommodate their productions. In exchange for the City acting as a backstop, the City will get a percentage of ticket sales. The maximum exposure on the Citys part as a backstop is $60,000, plus the sponsorship of another $10,000.

Mayor Pro Tem Bunker commented she thought the City was only going to help with the rental and not the sponsorship.

City Manager Gary Esplin replied that the Council agreed to help with a sponsorship, but this can be changed.

Bruce Bennett, representing the SGMT, advised that sponsorships are common and this help was volunteered by the Mayor.

City Manager Gary Esplin clarified that the City will request the right to look at SGMTs books.

Mr. Bennett advised that the SGMT will agree to that.

City Manager Gary Esplin advised that this funding will come from the Economic Development fund.

Councilmember Pike commented that this could be precedent setting and the City Council does not want to do anything that it cannot do in another similar situation. The SGMT has a track record and they have opened their budget to the City and the City believes they will be conservative in their operations.

Bruce Bennett commented that to be a success, they must rely almost totally on volunteer efforts.

Councilmember Almquist commented that there has been cooperative effort among local groups.

City Attorney Shawn Guzman advised that the agreement has not quite been worked out yet, and he recommended that any approval be made subject to review and approval by the City Manager.

Bruce Bennett commented that they have been looking for pledges from private individuals, without opening donation requests to the general public. They have heard tentatively from the Eccles Foundation that if they can raise 50% of the funding needed, the Eccles will look seriously at their proposal.

Councilmember Almquist advised that the SGMT still has all their costumes, lighting and most seating.


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November 17, 2011
Page Six

MOTION: A motion was made by Councilmember Pike to approve the agreement, including the $10,000 one-time sponsorship of the first show, along with the other provisions in the agreement, and subject to final approval of the Legal Department and City Manager.

SECOND: The motion was seconded by Councilmember Almquist, who commented that this did not mean that the City would not sponsor another SGMT show in the future.

City Manager Gary Esplin commented that any more sponsorships in the future should be done through the same grant process that the other arts organizations apply for.

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.

PUBLIC HEARING:
Public hearing to consider public comment regarding community needs and possible projects for funding under the federal Community Development Block Grant program.

CDBG Administrator Brian Maxfield introduced himself. He advised the purpose of the public hearing is to take input on the needs of the community which can be addressed through the Community Block Grant program. A workshop for applicants will be held in December with applications taken in January. He stated that right now he had no idea if there would even be any funds available, and if there is, he assumes there will be some cuts to the funding. He distributed a summary sheet of how the funds have been spent in years past. He explained that the program benefits those with low to moderate incomes.

City Manager Gary Esplin commented that the Down Payment Assistance Program has been very successful.

Mr. Maxfield advised that this program has helped 28 households this year and there is enough left to help two more.

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

PUBLIC HEARING/FINAL PLAT AMENDMENT/ORDINANCE:
Public hearing to consider approval of a final plat amendment for Tonaquint Terrace Phase 2, Second Amended and Extended to adjust the lot lines for Lots 128, 129, 130, 131, 156, 159 and 160 and 169.

Todd Jacobsen presented the final plat for a 65 lot residential subdivision located at 1300 West 2270 South. Zoning is R-1-10. The amendment consists of making some of the lots larger and dedication of some property for the City for natural rock parks.

Mayor Pro Tem Bunker opened the public hearing.

Clifford Chaney, a resident of Tonaquint Terrace, expressed concern that approval of this request would set a precedent and other lots would add City-owned open space.

City Manager Gary Esplin replied that this action would protect him from that occurring. The City would not allow that to happen to its property.

Mr. Jacobsen advised that the property on the west belongs to the State of Utah.

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

City Attorney Shawn Guzman advised that there may be a tree or something that may naturally grow on the Citys property which may obstruct the view of neighbors. The City does not guarantee views, but it will leave the property in its natural state.





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November 17, 2011
Page Seven

MOTION: A motion was made by Councilmember Almquist to approve the final plat amendment by ordinance, noting the areas on the plat that will become City property as A and B to remain open space, and authorizing the Mayor to sign the plat.
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.

PUBLIC HEARING/REPEAL ORDINANCE:
Public hearing to consider approval of an ordinance repealing St. George City Code, Sec. 9-13-7, General Regulations: Campaign signs.

City Attorney Shawn Guzman explained this item has to do with the temporary sign ordinance; there are some sections within it that have never been enforced, and they should be taken off the books.

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

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the November 3, 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 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 November 10, 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 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 TO CLOSED SESSION:
MOTION: A motion to adjourn to a closed session to discuss litigation was made by Councilmember Almquist.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:


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November 17, 2011
Page Eight

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Pike.
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.



______________________________
Gay Cragun, City Recorder