City Council Minutes

Thursday, December 15,2011



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 15, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Mayor Daniel McArthur

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

TABLE ITEM:
City Manager Gary Esplin advised that Item 6E to consider approval of an amendment to a conditional use permit to move a proposed electric substation near the Port of Entry along Interstate 15 has been tabled from the agenda.

CONSENT CALENDAR:
Consider approval of the financial report for November, 2011.

City Manager Gary Esplin advised that the City is in good shape financially.

MOTION: A motion was made by Councilmember Pike to approve the financial statement.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the construction of the Snow Park pump station project.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Sunroc, in the amount of $222,370

City Manager Gary Esplin explained the old pump station and pond is located at the JC Snow Park, and the City would like to upgrade it. This pump station is very important as it pumps irrigation water from the pond to the top of the Red Hill and then it is gravity fed to irrigate all public spaces in the old part of down thereby saving culinary water.

MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Nickle.
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

The vote was unanimous and the motion carried.



St. George City Council Minutes
December 15, 2011
Page Two

AWARD OF BID:
Consider award of bid for the River Road and 2450 South traffic signal project.

Purchasing Manager Connie Hood advised that three bids were received. She recommended award of the bid to the low bidder, Snow Electric, in the amount of $96,978.

City Manager Gary Esplin advised this is a 45 day contract to begin in early 2012. The hardware and base for this project were awarded at the last City Council meeting.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution approving a construction and utility easement agreement with the Washington County School District for the Main Street basin storm drain.

Project Engineer Jay Sandberg explained that as the City has grown, so has the drainage, and the streets can no longer handle all the water. This portion of storm drain will go under the freeway from Main Street to the Virgin River.

City Manager Gary Esplin advised that the School District is in the process of bidding out a new middle school and they need a construction easement from the City. The City needs a storm drain easement through the School Districts property. The City Attorney is drafting the agreement. He recommended approval subject to legal review.

Jay Sandberg advised that the temporary access easement is 50' and the storm drain easement is 30'.

MOTION: A motion was made by Councilmember Almquist to approve the resolution subject to legal review.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of an off-premise beer license for the Mira Monte station at 386 No. Bluff. Urmila Patel, applicant.

Shiloh Kirkland, Business License Officer, explained the license is for an existing business with new owners. The application meets all requirements.

Sam Patel, applicant, explained this is their familys first gas station business outside of California.

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

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

St. George City Council Minutes
December 15, 2011
Page Three

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

SINGLE EVENT ALCOHOL LICENSE:
Consider approval of a single event alcohol license. Jessica Rivera, applicant.

Shiloh Kirkland, Business License Officer, explained the applicant would like to hold a special event on New Years Eve at Peppers Cantina located at 144 W. Brigham Rd. between the hours of 9:00 p.m. and 1:00 a.m. The event is a fundraiser for the Soup Kitchen. The applicant has an existing liquor license.

MOTION: A motion was made by Councilmember Almquist to approve the alcohol 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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Bob Nicholson, representing the Planning Department, advised that the Planning Commission, at its meeting held December 13, 2011, recommended that public hearings be scheduled for January 5, 2012 to consider the following: (1) a request to amend the PD Commercial zone at 415 South Dixie Drive (Sunbrook Ranches) to add wireless telecommunication facility to the approved use list and consider site plan and mono-tower elevations; (2) a zone change from R-1-10 to OS on 791.22 acres located near the Utah/Arizona state line in the White Dome Gypsum Hill area; (3) a zone change from PD Residential and Mixed Use Commercial to C-2 on 182.69 acres located on the north side of the Southern Parkway between Interchange 6 and 7 within the Desert Canyons Development; (4) a zone change from A-20 to R-1-10 on 26.08 acres at 2900 East 3580 South for Sun Valley future phases; and (5) a zone change from RE-20 to R-1-112 on 17.08 acres located at 2350 East and Equestrian Drive.

MOTION: A motion was made by Councilmember Almquist to set the public hearings as recommended.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Bob Nicholson, representing the Planning Department, presented the preliminary plat for Sycamore Lane Phase 1 and advised that zoning is RE-12.5 and is located on the east side of Little Valley Road and south of Sun Valley Estates Phase 5. This area is within the two dwelling units per acre designated area and is subject to a deed restriction. Banded Hills Drive will be abandoned and realigned. Lots back onto Little Valley Road and a wall will be required. An equestrian path and landscaping will be required along Little Valley Road. The plat shows that the lot owners will have to maintain the landscaping along Little Valley Road as there is no homeowners association.

A brief discussion took place with regard to maintenance of landscaping without a HOA.

City Manager Gary Esplin recommended approval but stated that before the final plat is presented for review staff will have a recommendation on landscaping enforcement language for the plat.




St. George City Council Minutes
December 15, 2011
Page Four

Stacy Young, representing the applicant, advised that they have not finalized their plans for the privacy wall, but will do something similar to what now exists in the area - masonry block walls with jogs. The walls may or may not have gates due to expense.

City Manager Gary Esplin commented that not having gates defeats the purpose of allowing double frontage lots. If the lot owners cannot get through the wall, they cannot maintain their landscaping.

Mr. Young replied they struggle with this issue. There is no reason to have an HOA other than to maintain a little strip of landscaping and this does not work well.

Councilmember Almquist commented that the cost of an HOA would offset the cost of the gates.

City Manager Gary Esplin requested that the applicant come back with a fence design for the final plat.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker 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.

PRELIMINARY PLAT:
Bob Nicholson, representing the Planning Department, presented the preliminary plat for Sun Valley Estates Phase 7 with 12 single family lots zoned RE-12.5, almost adjacent to the preceding plat. All streets are public.

MOTION: A motion was made by Councilmember Shakespeare to approve the preliminary plat.
SECOND The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker 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.

PRELIMINARY PLAT:
Bob Nicholson, representing the Planning Department, presented the preliminary plat for Valderra Drive Subdivision, a ten lot single family residential subdivision with a private street. A preliminary plat was approved May 10, 2011 for triplex and duplex lots but financing could not be obtained. The applicant would now like single family lots. There is an existing 25' utility easement that will be moved and the new easement recorded over the existing sewer line which is currently not located within an easement. There will be a temporary turnaround at the end of the project until the next phase is completed. Lots range from 10,900 sq. ft. to 22,000 sq. ft. The Planning Commission recommends approval.

Alan Wright, applicant, advised this is the first phase of a resort which will eventually lead to a hotel. They will be applying for a rental zone in this location.

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

VOTE: Mayor Pro Tem Bunker for a vote, as follows:

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


St. George City Council Minutes
December 15, 2011
Page Five

Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen presented the following final plats: (1) Sun Valley Estates Phase 6, a 16 lot residential subdivision at 3580 South 2750 East; (2) Silkwood Subdivision Phase 3, a 14 lot residential subdivision at 2700 East and 3330 South previously approved by the City Council September 3, 2009 but never recorded; and (3) Sun Valley Estates Phase 3 Amended, a seven lot residential subdivision located at 3580 South 2640 East, to split one large lot into two lots and grant an easement down each lot line.

MOTION: A motion was made by Councilmember Pike to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker 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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a restaurant at 2 W. St. George Blvd. with non-conforming parking. Randall Richards, applicant.

Bob Nicholson, representing the Planning Department, advised the existing building is 3,450 sq. ft. in the core downtown area. There is plenty of parking in the area including 469 spaces in the parking structure. 323 parking spaces are required and there are 200 on site. The balance of parking spaces have to be made up off site. The Planning Commission recommends approval, noting there is ample parking within a convenient walking distance.

Nicki Richards, applicant, advised that she and her husband own and operate the Painted Pony restaurant and over the last four years have been seeking a second location to do a different concept restaurant with a historical motif and less expensive than the Painted Pony. They feel the location is ideal because it is on the corner of Main Street and St. George Blvd. and will bring good energy to the downtown.

City Manager Gary Esplin commented that the downtown parking lot was built by funds from the RDA, as was the parking lot next to the old fire house. The applicant through the RDA contributed to the building of these parking lots.

MOTION: A motion was made by Councilmember Almquist to approve the conditional use permit.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker 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/ABANDONMENT OF EASEMENT/RESOLUTION:
Public hearing to consider abandonment of a public utility easement between Lot 459 and Lot 417 of the Foremaster Ridge Phase 4 Subdivision and approve the lot merger for these two lots. David and Judy Parrish, applicants.

Todd Jacobsen presented a map of the site and advised that the same owner owns both lots. There is an existing home on one of the lots. Zoning is R-1-8. An existing easement will need to be abandoned in order to combine the lots. The JUC has approved the request. Since each lot fronts on a road, a condition has been put on the lots that each lot will need to meet minimum front setbacks for fences, etc.


St. George City Council Minutes
December 15, 2011
Page Six

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 Nickle to approve the resolution.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker for a roll call 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/ABANDONMENT OF EASEMENT/RESOLUTION:
Public hearing to consider abandonment of the public utility easement between Lot 452 and Lot 420 of the Foremaster Ridge Phase 4 Subdivision and approve the lot merger for these two lots. Grant and Rebecca Carter, applicants.

Todd Jacobsen advised this request is similar to the preceding request and is in the same general area. The same restrictions on setbacks and fences will be required.

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 Nickle to approve the resolution.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker for a roll call 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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish an indoor shooting
range in an M-1 zone at 610 N. Industrial Rd. Ron Larsen, applicant.

City Planner Ray Snyder presented a map of the site and advised that the Planning Commission recommended approval. The applicants would like to add on to the building. They have a retail business which they would also like to move to this new location. They propose to construct a five lane live indoor shooting range with a full service gunsmith shop and service department, a training department and a small retail store. There will be no spectators or bleachers. A site plan review will have to be done if approved by the City Council. The property is one acre and parking requirements are met and exceeded. The applicant would like to expand to eight lanes in the future.

City Attorney Shawn Guzman advised that the impact of three additional lanes is minimal.

Mr. Snyder advised the applicant will not allow anyone under 18 to use the facility unless they have an adult with them.

Mayor Pro Tem Bunker inquired about the material used to make the walls and ceilings impenetrable.

Ron Larsen, applicant, advised that the walls will be constructed of either 8" thick concrete or masonry. There is plenty of data which indicates that this is adequate. They are still toying with what material to use on the ceilings, but the ceilings will also meet safety standards. The HVAC system will also have to handle lead contaminants in the air. Insurance is expensive but they will have adequate insurance. Staff will be trained to recognize people who should not be on the range. He clarified that they would like to construct eight additional lanes for a total of 13. They would be limited to 13 lanes by parking requirements.

Councilmember Nickle inquired about felons using firearms.



St. George City Council Minutes
December 15, 2011
Page Seven

Mr. Larsen replied there is no legal prohibition against allowing a felon to rent a firearm in a shooting range, however, they have the right to say no to anyone. He advised that they will be purchasing this property and will sell firearms in their store.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit with the conditions relating to shooting ranges in the commercial zone as contained in the City Code, and permission for up to 13 lanes.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker 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.

AGREEMENT:
Consider approval of a federal aid agreement with UDOT for the East Dixie Drive project.

City Manager Gary Esplin explained this agreement pertains to the road next to the Dixie Center which is part of the interchange widening. The MPO governs the dispersal and granting of federal funds and they allocate the funds through a multi-year plan. When this project was originally budgeted it was thought there was not enough funding to fund the project up front, so the City fronted the money and then through the MPO received funds from UDOT to pay the City back. The Citys costs are actually going down, but its match is going up because the project has increased in cost. The City allowed use of its roadway during construction. As a result, the road has been pulverized by use of construction trucks so it has to be entirely rebuilt with an additional thickness to handle all the traffic.

Project Engineer Cameron Cutler explained that a signal will be installed as part of this project. The existing asphalt which is 2.5 to 3 inches thick will be replaced by asphalt 6.5 inches thick. The Citys match will be $150,000 for this new road. The City will have to front $450,000 but will get $296,000 back.

MOTION: A motion was made by Councilmember Nickle to approve the agreement.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker 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.

ACCEPT DONATION OF PROPERTY:
City Manager Gary Esplin explained that at the last City Council meeting the City Council accepted a donation of property from the Foremaster family. This parcel being donated by Mr. Squire is right next to the Foremaster parcel.

MOTION: A motion was made by Councilmember Almquist to accept the donation of property with gratitude.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker 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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the November 30, 2011 City Council meeting.
St. George City Council Minutes
December 15, 2011
Page Eight

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 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.

Consider approval of the minutes of the December 1, 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 Nickle.
VOTE: Mayor Pro Tem Bunker 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.

ADJOURN:
MOTION: A motion was made by Councilmember Pike to adjourn the meeting, thanking Councilmember Shakespeare for her service the past four years.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker 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.




_____________________________
Gay Cragun, City Recorder