City Council Minutes

Thursday, February 16,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 16, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Ben Nickle
Councilmember Jimmy Hughes
Councilmember Gail Bunker
Councilmember Jon Pike
Councilmember Gil Almquist
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 Hyrum Jones and the invocation was offered by Pastor Alex Willie. Mayor McArthur then invited all the Scouts in the audience to introduce themselves.

Chaplain David Jones of the Utah Army National Guard presented a power point presentation titled Utah Community Covenant Program Update covering the following topics: Community Covenant Signing, Demographics, Local Military Units, Unit Deployment History, Activities and Events and Resources, Issues to Watch For, Going Forward, and Contact Info.

City Attorney Shawn Guzman was excused from the meeting.

Terri Kane, IHC Regional Vice President for Southwest Utah, presented an end of year report, updating the City Council on Lifeflight service, new neurosurgery services, and plans for new buildings. She advised the hospital employs 2,500 employees.

AGREEMENT:
Consider approval of an agreement for engineering services to move the main entrance of Tonaquint Park to the existing signalized intersection at Dixie Drive and 600 West.

Purchasing Manager Connie Hood recommended approval of the contract with Creamer and Noble in the amount of $52,012.62.

City Manager Gary Esplin explained that even though the City has landscape architects, engineers and inspectors in-house, when their time is limited by other projects the City likes to use the private sector when it can to help the local economy.

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

RESOLUTION:
Consider approval of a resolution accepting the Tonaquint Addition annexation petition.

City Manager Gary Esplin explained this issue has previously been discussed with the City Council, but it has been quite a while. This will probably be the last annexation in the west part of the City. The property extends from Sunbrook to the BLM property on the ridge. All of the property is owned by SITLA, from the Tonaquint Terrace area along the face of the ridge to the Lakes project in Green Valley. The Gubler and Burgess properties are not part of this annexation. City staff has been working with SITLA to address needs for park dedications, substation sites etc., and they have agreed to work with the City to obtain these sites.

MOTION: A motion was made by Councilmember Almquist to approve the resolution.
SECOND: The motion was seconded by Councilmember Pike.
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February 16, 2012
Page Two

VOTE: Mayor McArthur called for a roll call 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.

SET PUBLIC HEARINGS:
City Planner Ray Snyder explained that the Planning Commission, at its meeting held February 14, 2012, recommended that public hearings be scheduled for March 1, 2012 at 5:00 p.m. to consider: (1) a zone change from A-1 to RE-12.5 on a 2.5 acre parcel located at 2160 E. Rustic Dr., and (2) vacating a portion of Banded Hills Drive ag 3670 South Street.

MOTION: A motion was made by Councilmember Almquist to schedule the public hearings as recommended.
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.

FINAL PLATS:
Todd Jacobsen presented the final plats for Escalera Phase 4, a nine lot residential subdivision located at 1200 North 2010 East with RE-12.5 zoning, and Sun Valley Estates Phase 7, a 12 lot residential subdivision located on the east side of Little Valley Road at 3630 South and 2820 East with RE-12.5 zoning.

MOTION: A motion was made by Councilmember Almquist to approve the final plats.
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.

LOT MERGER:
Todd Jacobsen presented the request for a lot merger within the Bloomington Country Club No. 1 Subdivision between Lots 82 and 83. Lot 82 will be merged into Lot 83. The lot merger will allow the applicants to build a garage and expand their back yard. There are no easements to vacate.

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

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Sun Valley Estates Phases 8-11, a 45 lot residential subdivision located at 3580 South and 2810 East. Zoning is R-1-10. The general plan designates the site as Low Density Residential. Staff recommends that
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February 16, 2012
Page Three

before Phases 10 and 11 are approved, an agreement be entered into with the applicants that a storm drain line will be in place. The applicant has agreed. This subdivision will have double frontage lots along 3000 East which will require a block wall and a 10' landscape strip. The interior roads will use the alternate cross section. The City has a master planned trail along the west side of 3000 East but the applicants propose the trail be moved to the east side of 3000 East.

City Manager Gary Esplin advised that staff shortly will have a discussion with the City Council on 4' wide planter strips and possible alternatives.

Wes Jenkins advised that the minimum lot size will be 11,000 sq. ft.

City Manager Gary Esplin commented staff would like a discussion with the City Council on the possibility of having a 20' setback to allow for a larger landscaped area and move the sidewalk off the curb. Staff is preparing a list of acceptable trees. The bigger issue is double frontage lots on 66' wide streets, which is a major problem. The Citys ordinance does not correctly position the City to make sure the landscaped strips are maintained once they have been put in. This discussion is planned for next Thursdays City Council meeting.

Wes Jenkins advised that the Planning Commission recommends approval. He advised that 3000 East is 90' wide and Little Valley Road is 66' wide.

City Manager Gary Esplin advised the recommendation is for the City to maintain the landscape strips along 3000 East because it is 90' wide.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat subject to the Planning Commissions comments.
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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Whisper Ridge Phase 4, a nine lot residential subdivision located at Indian Hills Drive and 1000 South. Zoning is R-1-10.
The applicant requests that Lots 31, 32 and 33 share a driveway because of the steep frontage grade of the lots. Staff recommends that before the final plat is recorded an agreement be entered into between the three lots, and that the first one to build puts in the driveway and that it be designed to work for all three lots.

City Manager Gary Esplin suggested that the developer be required to put in the driveway now, putting the cost of the driveway toward the cost of the lots.

Wes Jenkins advised there will also be three flag lots due to the steep hillside. Each lot within the subdivision will have its own individual grading plan to minimize disturbance. The applicant will be required to dedicate the culdesac . The applicant requests permission to eliminate the sidewalk along the north side. There is a provision in the Hillside Ordinance that a sidewalk can be eliminated if it allows for less disturbance of the hillside, but the sidewalk on the other side of the street has to be one foot wider. The applicant is also asking that improvements on the west side of Lot 34 be delayed as utilities have to be installed in the future, but the applicant is not ready to do so at this time. Staff recommends that half of the road be dedicated with the plat, and that the delay of improvements be tied to an agreement. The stub road will be vacated. The sewer line for Lot 27 will run down through Lot 26 and an easement will be required between the two property owners before the final plat can be recorded.

MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat subject to the recommendations of the Planning Commission and staff.
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

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February 16, 2012
Page Four

Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for The Village at Little Valley, a 59 lot residential subdivision zoned R-1-12. Lot size averaging will be used. The lots along Little Valley Road will be RE-20. The reason for the double frontage lots is because a hump precludes sight distance from two northern lots. There is a grade separation between Little Valley Road and the subdivision property. There is a high volume of traffic along Little Valley Road at a high rate of speed. The double frontage lots along Little Valley Road will require a 6' block wall and a 10' wide landscape strip. The applicant will be required to improve half of Little Valley Road and Equestrian Drive. The Planning Commission recommends approval subject to the conditions hat when 50% of the lots have been platted the improvements along Little Valley Road will have to be done and maintenance of the landscape strip will have to be resolved prior to submittal of the final plat for Phase 1.

MOTION: A motion was made by Councilmember Bunker to approve the preliminary plat subject to the recommendations of the Planning Commission.
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.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change for Meadow Valley Farms from R-1-10 to RE-20 on 68.58 acres located at approximately 4050 South on Little Valley Road, south of the Rancho Verde Estates Subdivision. Quality Development applicant.

City Planner Craig Harvey explained the applicant is requesting permission to downsize the property to larger lots. 35 lots will be 37,500 sq. ft. or larger, with a density of 1.2 units per acre. The Planning Commission recommends approval.

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

MOTION: A motion was made by Councilmember Hughes to approve the zone change by ordinance.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call 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.

CDBG FUNDING REQUESTS:
Consider funding requests for various projects under the federal Community Development Block Grant program for FY 2012-2013.

Brian Maxfield distributed the following CDBG funding recommendations for fiscal year 2012-13:








St. George City Council Minutes
February 16, 2012
Page Five


Project Requested Recommended

Administration $91,325 $91,000
The Learning Center $38,060 $38,060
Down Payment Assistance Program $192,500 $192,500
DOVE $75,000 $75,000
ADA ramps $97,201 $85,066
After School Program $25,000 -0-
Water Lines - 400 South area $72,820 -0-
Water Lines - Tabernacle Street area $72,050 -0-
Water Lines - Diagonal Street area $69,135 -0-

TOTAL $967,834 $481,626

Mr. Maxfield explained he solicited funding requests a month ago and received 12. Three did not qualify at this time. He assigned points to each request based on adopted criteria. The City received notice that it received $454,626 this year, a 4% increase over last year. Dixie Care and Share requested funding this year, but did not have a site, and it will take more than a year to arrange their funding, and this money has to be awarded for needs in the coming year. He advised he will prepare an annual action plan which will be made available to the public for 30 days, then brought back to the City Council for final action.

Jay Maxfield, new Executive Director of the Care and Share, introduced himself. He explained that the Care and Share is running full, and the current site does not lend itself well for what it is trying to accomplish. Expansion is needed, as well as parking and a good traffic flow. They are working on the infestation problem and a possible solution is to use metal bunk beds with sealed mattresses.

City Manager Gary Esplin advised the Care and Share has requested it be allowed to use the metal cots from the old jail. It was the consensus of the City Council to approve this request.

Jay Maxfield advised they are looking for a new site and would like to stay close to services. He suggested the site of the Sunroc facility at 200 North 300 East.

Katie Peterson, Executive Director of the Dove Center, thanked the City for its support and advised they had to turn away six mothers with children just this week because there is no capacity. Along with the Citys donation of $75,000, they will raise the remaining $58,000 needed to pay for the building to allow long term stability for client services. They also work with faith-based groups.

Brian Maxfield advised the City also put in for the down payment assistance program.

Councilmember Hughes inquired about the administration costs.

Mr. Maxfield replied that the administration costs cover his salary and expenses and is used to monitor programs and plans and planning activities.

City Manager Gary Esplin advised that future allocations can also be borrowed against and could possibly be used for a possible site for the Care and Share or for an addition to the Dove House.

MOTION: A motion was made by Councilmember Almquist to approve the funding recommendations.
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.

AGREEMENT:
Consider approval of amendments to the Washington County Water Conservancy District treatment facility agreement.

This item was tabled.

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February 16, 2012
Page Six

AGREEMENT:
Consider approval of a UDOT Cooperative Agency Agreement to pass through funding for Airport Grant #AIP-3-49-0060-16.

City Manager Gary Esplin explained that the new airport receives letter of intent funds through 2015. This is the annual allotment from the FAA, through the State.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the January 26, 2012 City Council meeting.

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


Consider approval of the minutes of the February 2, 2012 City Council meeting.

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

SALE OF PROPERTY:
Consider approval of a sale of a sliver of property in the Millcreek Industrial Park.

City Manager Gary Esplin explained when the Millcreek Industrial Park was built, the City was the developer of that subdivision and owner and subdivider of the property. This parcel is at the end of 3050 East Street on the left hand side. When the building was built on the property, a portion was built outside of the lot, encroaching on City property. The new owners of the building want to purchase this City property - approximately one-third of an acre. It cannot be used by anyone else, and is very steep. The appraisal is less than $1 a sq. ft., but the applicants have agreed to pay $1 a sq. ft., for a total of $13,000.

MOTION: A motion was made by Councilmember Almquist to approve sale of the property as recommended.
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

St. George City Council Minutes
February 16, 2012
Page Seven

The vote was unanimous and the motion carried.

ADJOURN TO CLOSED SESSION:
MOTION: A motion to adjourn to a closed session to discuss a land sale and also litigation was made by Councilmember Bunker.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call 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 arrived during the closed session.

RECONVENE:
MOTION: A motion to reconvene was made by Councilmember Bunker.
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.

MISCELLANEOUS DISCUSSION:
A discussion was held on SB 78 which affects water development in counties of the first and second class, and also affects the Citys water bond refunding.


The meeting then adjourned.




________________________________
Gay Cragun, City Recorder