City Council Minutes

Thursday, January 19,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 19, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Daniel McArthur
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Gail Bunker
Councilmember Jon Pike
Councilmember Jimmie Hughes
Budget and Financial Planning Manger Deanna Brklacich
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Gary Esplin, City Manager


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Councilmember Hughes and the invocation was offered by Councilmember Almquist.

Councilmember Almquist advised that Senator Mike Lee has entered into the Congressional Record congratulations to St. George on its sesquicentennial, and the City Council was previously presented a copy of this Congressional Record. Councilmember Almquist presented the City with a framed lithograph of George Albert Smith, St. George Citys namesake.

Mayor McArthur reviewed attendance records at the Heritage Days events.

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

Marshall Topham presented a video of the City delegations trip to Ibigawa, Japan, after which each member of the delegation introduced themselves.

TABLE ITEM:
Item 6H to consider transfer of excess property given to the City by UDOT at 335 South Bluff Street to the surrounding or adjacent property owner is tabled from the agenda.

BEER LICENSE:
Consider approval of an off-premise beer license for USA Gas at 1925 W. Sunset Blvd. Tara Arce, applicant.

Budget and Financial Planning Manager Deanna Brklacich explained this request is made necessary by a change of owner and the request meets all requirements. She recommended approval.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

HANGAR AGREEMENT TERMINATION:
Consider approval of a hangar agreement termination for TBM Aviation.

Budget and Financial Planning Manager Deanna Brklacich stated the applicant, Joe Rainey, decided not to build the hangar at this time.

Councilmember Pike inquired if any fees paid would be refunded.


City Attorney Shawn Guzman replied that there is no refund. Mr. Rainey is asking to be released from the lease so that he does not have make any further lease payments.

St. George City Council Minutes
January 19, 2012
Page Two

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Erosion Protection Repair Project Phase 5.

Budget and Financial Planning Manager Deanna Brklacich commented that Phase 5 is located on Riverside Drive below the Brown Commercial Center. The second portion of the phase is located near the Springs Subdivision. The project will consist of repairing the NRCS wall that was damaged in the flood.

Purchasing Manager Connie Hood advised the engineers estimate is $69,179. The low bid was submitted by Feller in the amount of $56,707.50.

Ms. Brklacich explained that staff is also recommending approval of Schedule C in the amount of $4,264.80, for a total bid award to Feller in the amount of $60,972.30. FEMA will pay 75% of this cost, with the City paying the remaining 25%, or $18,441.68.

MOTION: A motion was made by Councilmember Bunker to award the bid to Feller in the amount of $60,972.30.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Rosenberg Associates to provide design and construction engineering services for the Gap Wash erosion protection project.

Budget and Financial Planning Manager Deanna Brklacich explained the Gap Wash is located off Dixie Drive in the Tonaquint area. It is a dry wash but has the potential for run-off to come through by the Dixie ATC. Rosenberg Associates has a history of design and flood studies in that area, and she recommended approval of the contract with them in the amount of $53,804. Funding is from the drainage impact fund. This project is included in the capital facilities plan.

Councilmember Almquist inquired about the stockpiling of boulders.

Rick Rosenberg replied that some of the boulders are Kay Travellers, but a few are from a project upstream at Cottonwood Park where the gabian wall is going to be constructed.

Councilmember Bunker inquired about flood repair work in Gunlock.

Mr. Rosenberg replied that Gunlock will receive some NRCS funding, as will Santa Clara and Washington.

Councilmember Nickle inquired if Rosenberg Associates was selected because they were the low bidder.

Ms. Brklacich replied that professional services contracts are not bid out, but awarded based on the expertise of the firm.
MOTION: A motion was made by Councilmember Hughes to approve the agreement.
St. George City Council Minutes
January 19, 2012
Page Three

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Mayor McArthur announced a City-wide CAT team meeting at the Dixie Center on January 31 to learn about identity theft, and invited the public to attend.

STREET CLOSURE AND USE OF CITY PROPERTY:
Consider approval of a street closure request and a request to use City property by the Dixie Center. Lance Gubler, applicant.

Budget and Financial Planning Manager Deanna Brklacich advised the Boy Scouts would like to close a street by the Dixie Center for the Scout Expo on April 13-14, just like last year.

Mayor McArthur clarified that the street being closed is the new one to the parking lot.

Lance Gubler, applicant, explained the road is located behind the Dixie Center. The theme of this years Scout Expo is doing hard things. There will be a fireside and camp fire the night before.

City Attorney Shawn Guzman suggested that the property may need to be graded and weeds removed.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for four events at the Model Port. Remote Possibilities RC Club, applicant.

Budget and Financial Planning Manager Deanna Brklacich explained the model port is located by the wastewater treatment plant and each year the applicant requests permission for the events held throughout the year. They are also requesting waiver of the special event permit fees.

Darrell Jensen, applicant, requested approval to hold the following events: Presidents Day Fly-In, February 23-25; St. George IMAC, April 28-29; Dixie Jet Rally, May 3-5; and St. George War Birds, November 9-11. He explained that the average attendance at each event is at least 50 pilots with many spectators.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.



St. George City Council Minutes
January 19, 2012
Page Four

BEER LICENSE:
Consider approval of an off-premise beer license for the Sun River Golf Club. Darcy Stewart, applicant.

Budget and Financial Planning Manager Deanna Brklacich explained there is an existing license at this location, but a new licensee.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

BEER LICENSE AND LOCAL CONSENT:
Consider approval of a beer license and local consent for a restaurant liquor license for Georges at 2 W. St. George Blvd. Nicola Pace, applicant.

Budget and Financial Planning Manager Deanna Brklacich explained the site, previously discussed in a work meeting, is located within 600' of a City park, however, variances have been granted in this same area. She recommended approval.

City Attorney Shawn Guzman commented that the LDS Church agreed to permit a liquor license in the Main Street Plaza; this license, however, is not within 600' of the Tabernacle. He reminded that all the City is doing is giving its local consent for the applicant to apply to the State for the liquor license.

Nicki Pace, applicant, advised the name of the restaurant will be Georges Corner Restaurant. She distributed preliminary menus. She commented that the downtown is the hub of St. George. The restaurant will be located on the corner of St. George Blvd. and Main Street where the Twiggs and Moore Art Gallery was located. The restaurant will have a historical motif. She advised they would like to create a spot similar to the Big Hand Caf. She advised they are the current operators of the Painted Pony Restaurant and feel their reputation will carry them into this new venture. She anticipated the restaurant opening some time between April and June.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman clarified that approval of the request included waiver of the distance requirement.

FINAL PLAT:
Todd Jacobsen presented the final plat for Desert Canyons Town Center Commercial Subdivision Phase 1, a two lot subdivision, zoned C-2. It is located on the north side of Exit 6 of the Southern Parkway and east of Desert Canyons Parkway. The corner protruding into the floodway will be designated as no-build. The Planning Commission recommends approval.

MOTION: A motion was made by Councilmember Bunker to approve the final plat and authorize the Mayor to sign it.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

St. George City Council Minutes
January 19, 2012
Page Five

Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

BUILDING DESIGN AND CONCEPTUAL SITE PLAN:
Consider approval of a request to construct a three story office building at 300 South 1470 East. Quality Development, applicant.

City Planner Ray Snyder explained the site is located at approximately 300 South 1470 East in the Rim Rock Commercial Center Subdivision. Zoning is PD Commercial. He then presented renderings and elevations. The parking requirement is met. The building will be three stories with a roof height of 46' and a decorative tower to 55'6". The plan was well-received by the Planning Commission and fits well in the area.

Councilmember Hughes explained that Deputy City Attorney Joseph Farnsworth had some concern about the height, but since it is located in a PD zone, approval of the height is part of the PD approval.

City Attorney Shawn Guzman advised that a conditional use permit for the height is not needed as it is located in a PD zone.

City Planner Ray Snyder advised the Planning Commission recommended approval subject to:

1. A 26,550 sq. ft. three story professional office building with 106 parking spaces on Lot 12 is recommended for approval to the City Council as presented on January 10, 2012 to the Planning Commission.

2. The architectural theme, colors, and materials shall be as presented on January 10, 2012.

3. All HVAC roof mounted equipment shall be screened from view.

4. The roof shall not be white but shall be a light earth tone color.

5. The building height is recommended as follows: the main parapet height (flat roof) shall not exceed 46' and the center tower height (flat roof) shall not exceed 55'6".

6. A site plan review application shall be submitted with required civil engineering plan sets to the Community Development Department for plan checking and processing.

7. The site shall be designed with dark sky friendly lighting and will avoid any light pollution to neighbors. A photometric plan shall be provided with the site plan review application.

He advised that the landscaping plan will have to be submitted for the site plan review.

Brett Burgess advised they hope to have a medical use in the building. A brief discussion was held on extending the road.

MOTION: A motion was made by Councilmember Pike to approve the site plan and building elevations subject to the conditions recommended by the Planning Commission.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order for Westland Construction for $127,300 for the St. George Municipal Passenger Terminal Building.



St. George City Council Minutes
January 19, 2012
Page Six

Budget and Financial Planning Manager Deanna Brklacich explained the changer order is for completion of the terminal building at the new airport. It is to finalize

housekeeping items. The City still owes Westland $51,081.10 in retainage as part of the original contract. Upon completion of all the work, the project will be closed out.

MOTION: A motion was made by Councilmember Almquist to approve the change order and release of the retention.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order in the amount of $12,655.50 to Sunroc Corporation for the Dixie Drive reconstruction project.

Budget and Financial Planning Manager Deanna Brklacich explained the project area is located between the Mathis bridge and Tonaquint. The change order is necessitated by unforeseen storm drain issues that were found during construction.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

CHANGE ORDER:
Consider approval of a change order in the amount of $57,238.95 to Sunroc Corporation for the Dixie Drive reconstruction project.

Budget and Financial Planning Manager Deanna Brklacich explained there are three portions that make up the change order. The first is for realignment of the irrigation lines behind the sidewalk and moving power lines into the street. The second is for expansion of the parking lot at Cottonwood Cove Park. The third is for extension of piping and sprinklers for the landscaping and power connections for the various parks.

Councilmember Almquist inquired why contractors do not know where the utilities are located. The City should demand that they are thorough so that there are no change orders.

Ms. Brklacich replied that not all utilities are buried to the depth required.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes of the December 29, 2011 City Council meeting.
St. George City Council Minutes
January 19, 2012
Page Seven

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 Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the January 5, 2012 City Council meeting.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - 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 Hughes.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.




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Gay Cragun, City Recorder