City Council Minutes

Thursday, March 1,2012



ST. GEORGE CITY COUNCIL MINUTES
MARCH 1, 2012, 4:00 P.M.
REGULAR MEETING
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gail Bunker
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jimmie Hughes
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 Bill Haines, Commander of the American Legion. The invocation was offered by Gail Bunker.

Mayor McArthur invited all the Girl Scouts and Boy Scouts in the audience to introduce themselves.

Mayor McArthur read a proclamation proclaiming March 5 as Elvin Martin Andy Anderson Day in St. George on the occasion of his 100th birthday. Bill Haines accepted the proclamation on Mr. Andersons behalf.

Mayor McArthur read a proclamation proclaiming the week of March 11-17 as Girl Scout Week in the City. It was accepted by the Service Unit Director and Membership Recruiter for the State of Utah.

Jennifer Windward, Washington County Recycling Coordinator, presented a power point presentation on recycling program stats, collected material in the County, material collection in St. George, site control, and increased recycling opportunities. She presented Mayor McArthur with a check in the amount of $41,405.

CONSENT CALENDAR:
Consider approval of the financial report for January, 2012.

City Manager Gary Esplin explained that revenues are higher than expected and expenditures are less than budgeted. Sales tax receipts for February were up 10% over last year.

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

HANGAR LEASE:
Consider approval of a hangar lease with Transwest Aero.

City Manager Gary Esplin explained this is not a new lease, but is being changed from a SASO to a private hangar.

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

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March 1, 2012
Page Two

HANGAR LEASE:
Consider approval of an updated hangar lease with WilKo Aviation Enterprises, LLC (Alan Koharcheck).

City Manager Gary Esplin commented that a name change necessitates a new lease.

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

HANGAR LEASE:
Consider approval of a hangar lease with Chandelle Aviation.

City Manager Gary Esplin explained the lease was originally for one large area but it is now being broken down into smaller areas.

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

BID OPENING:
Consider award of bid for two one-ton chassis/crew cabs for the Energy Services Department.

Purchasing Manager Connie Hood explained this request for bids was sent to the State contract holder and to all local and state dealerships. Young Chevrolet had the low bid. However, Newby Buick, under the local bid preference, has agreed to match the low bid. She recommended award of the bid to Newby Buick in the amount of $69,775. Under the Citys local bid preference, a local bidder has the opportunity to meet the low bid if their bid is within 5% of the low bid.

MOTION: A motion was made by Councilmember Bunker to award the bid to Newby Buick.
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.

CHANGE SUPPLIER FOR BID:
Consider approval to change the make of chassis for the combo truck.

Purchasing Manager Connie Hood advised this bid was previously awarded, but the low bidder, International, refused to honor the bid. Freightliner has stepped up and will also provide training along with the chassis, which saves the City overall in the amount of $2,982. The cost of the new chassis is $109,649.

MOTION: A motion was made by Councilmember Almquist to award the bid to Freightliner in the amount of $109,649.
SECOND: The motion was seconded by Councilmember Nickle.
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March 1, 2012
Page Three

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 designating the City representatives on the Solid Waste Board.

Mayor McArthur advised that in the past the City representatives have been the Mayor and City Council.

MOTION: A motion was made by Councilmember Almquist to approve the resolution designating the Mayor and City Council as the Citys representatives on the Solid Waste Board.
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.

SET PUBLIC HEARINGS:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held February 28, 2012, recommended that public hearings be scheduled for March 15, 2012 to consider (1) a request to amend the Planned Development Commercial zone at 150 W. Hilton Dr. to modify the existing buildings front facade for Stephen Wade Chevrolet; (2) a zone change request from A-20 to R-1-10 on 21,59 acres and C-2 on 3.585 acres for Sun Valley Phases 12-14 located on Crimson Ridge Rd. and 3000 East; and (3) an amendment to Title 10, Chapter 10, Section 5H, Sales Lots for Automobiles.

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

PRELIMINARY PLAT:
Project Manager Todd Jacobsen presented the preliminary plat for Blackberry Court Phase 2. This was previously approved by the Planning Commission and City Council in 2009 but the applicant never followed through with the final plat and the preliminary plat has expired. The subdivision is located at the intersection of Baneberry Drive and Mulberry Drive and 1090 West in the Bloomington area. It is zoned R-1-10 and contains 4.61 acres. It is divided into seven parcels. The preliminary plat contains a 50' right-of-way street and culdesac. The plat has gone through FEMA revisions. There is a remainder piece that is not included in this plat but will be merged with the lot next to it in the next several weeks. Some rip rap protection has been put up along the southern lots as required by FEMA. The culdesac is temporary for now, as the 50' street will be expanded in the future. The 50' street will be compacted road base with a crown.

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



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March 1, 2012
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Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Project Manager Todd Jacobsen presented the final plat for Blackberry Court Phase 2. He explained that one of the lots shown on the preliminary plat has been removed but will be replatted later. When FEMA did its study, this lot was not included.

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

BUILDING DESIGN AND CONCEPTUAL SITE PLAN:
City Planner Ray Snyder presented the building design and conceptual site plan for a one story office building in the Sun River PD Commercial zone. The building is 3,200 sq. ft. and is currently being used as a sales office. It will be relocated to this new site. A landscape plan has been submitted. The Planning Commission recommends approval subject to the following conditions:

(1) 15 standard parking spaces and two ADA parking spaces shall be provided.
(2) The architectural theme, colors and materials shall be as presented at the Planning Commission meeting on February 28, 2012.
(3) A site plan review application and civil engineering plans shall be submitted.
(4) Dark sky lighting shall be used to avoid light pollution. A photometric plan shall be provided.

Councilmember Almquist commented that the live oaks planned for the small planter areas should work well.

MOTION A motion was made by Councilmember Bunker to approve the building design and conceptual site plan.
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.

REQUEST TO DEFER IMPACT FEES:
Consider a request to defer impact fees on 56 senior apartment units under the Citys Affordable Housing Program at the southeast corner of 900 South and 400 East Streets. Color Country Community Housing, Inc., applicant.

City Manager Gary Esplin explained that a number of years ago the State passed a law requiring each community to do an affordable housing plan. The City of St. Georges policy states that it may defer a portion of the impacts fees for up to 60 affordable housing units if the units remain affordable for at least 15 years. The applicant has requested a deferral of impact fees for 56 units. The applicants housing project is for seniors. The largest impact fee deferred is for parks and recreation, but the senior population will not have as large an effect on the Citys parks and recreational facilities. Another large impact fee is for streets, but again the senior population will not have a large effect on the Citys streets.

Bob Nicholson advised the applicants are committed to a 99 year senior affordable housing project due to their tax credit funding.

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March 1, 2012
Page Five

City Manager Gary Esplin commented it was his understanding that some of the units have been designated for veterans.

MOTION: A motion was made by Councilmember Almquist to approve deferral of the impact fees based on the conditions discussed.
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 from Agricultural A-1 to Residential Estates RE-12.5 on 2.62 acres located at approximately 2160 East Rustic Drive. Warren Hannig, applicant.

City Planner Craig Harvey presented the zoning map and advised the area around the site is zoned RE-12.5 and R-1-10. The reason the applicant would like to change the zoning from A-1 to RE-12.5 is to split one acre of the property into two half acre parcels. The Planning Commission determined there would be little or no impact on adjacent properties, and they recommend approval.

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

MOTION: A motion was made by Councilmember Pike to approve the zone change request by ordinance.
SECOND: The motion was seconded by Councilmember Nickle.
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.

PUBLIC HEARING/VACATE ROADWAY/ORDINANCE:
Public hearing to consider vacating a portion of the roadway for Banded Hills Drive located at 3670 South and east of Little Valley Road.

Project Manager Todd Jacobsen explained the abandonment is necessary in order to accommodate proposed building lots. There will still be access to the 66' right-of-way.

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

MOTION: A motion was made by Councilmember Bunker to approve the roadway vacation by ordinance.
SECOND: The motion was seconded by Councilmember Pike.
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.

PUBLIC HEARING/DESIGNATE LANDMARK SITE/ RESOLUTION:
Public hearing to consider a request to designate the home at 307 North Main Street as a City Landmark Site. Ernie Doose and Bill Hobson, applicants.

Bob Nicholson explained the home is the former Orvil Hafen home. He reviewed landmark site requirements. If the home is designated as a landmark site, the applicants

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March 1, 2012
Page Six

will have the opportunity to request limited commercial use through a conditional use permit. The applicants would like to establish an arts education center for children. The Historic Preservation Commission recommends approval subject to restoring the homes exterior to near its original appearance by (1) replacing the existing metal roof with a composite shingle which mimics wood shingles, or a similar shingle product, and (2) adding redwood or redwood-looking siding to the exterior as well as adding real or synthetic board and batten to the exterior to replicate the original appearance of the home.

Bill Hobson, applicant, commented the roof was originally tar and gravel. They are investigating a fiberglass shingle and a faux product which looks like redwood but is more durable than real wood.

Ernie Doose, applicant, advised this is the 50th anniversary of ARTS Inc. in Utah. They are the largest outreach program for elementary arts education in Utah, and they take arts programs into more than 300 elementary schools each year. The home will be named the Roene DiFiore Arts Education Center. The homes architect was Robert Gardner of Cedar City, and the landscape architect was Leon Frehner. The goal of ARTS Inc. is to help children learn and to use their creative talents and learn the basics in a creative way.

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 designation of the landmark site subject to the stipulations of the Historic Preservation Commission.
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.

PUBLIC HEARING/AMENDED FINAL PLAT/ORDINANCE:
Public hearing to consider approval of the amended final plat for Whisper Ridge Phase 3. Carey Blake, applicant.

Project Manager Todd Jacobsen presented the final plat for Whisper Ridge Phase 3, an eight lot residential subdivision located on the northeast side of Indian Hill Drive at 1020 West and 1040 South. Zoning is R-1-10. The purpose for the amendment is to delete a stub road, a lot line adjustment between Lots 25 and 19, and changing the language of Note 10 on the plat to give some flexibility on whether the owner can build a slab on grade home or a walkout basement home.

Mayor McArthur opened the public hearing.

Ron Jensen, owner of Lot 19, requested clarification on his ability to build something other than a walk-up home on this site. With regard to the lot line adjustment, he requested the opportunity to review this also.

Todd Jacobsen advised the note is being changed on the plat to allow the owner the opportunity to do a slab on grade home.

Mayor McArthur advised that all requirements still have to be met.

City Manager Gary Esplin commented the changes to the plat allow more flexibility to the lot owners.

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

MOTION: A motion was made by Councilmember Almquist to approve the amended final plat with the suggested changes.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye

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March 1, 2012
Page Seven

Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Project Manager Todd Jacobsen presented the final plat for Sycamore Phase 1, a 14 lot residential subdivision located on the east side of Little Valley Road at 3670 South Street. Zoning is RE-12.5. The road was deleted from the plat in action taken previously in this meeting.

MOTION: A motion was made by Councilmember Bunker to approve the plat.
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 amendments to the Washington County Water Conservancy District treatment facility agreement.

City Manager Gary Esplin explained this item has been discussed previously and there are no major changes. The amendments allow the WCWCD to refinance the existing bonds for the water treatment facility at Quail Creek and are just operational changes. He advised that the WCWCD is closing on the bonds this Tuesday and will be saving $2,100,000.

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

SALE OF EXCESS PROPERTY:
Consider approval to transfer 6,245 sq. ft. of excess property given to the City by UDOT at approximately 335 South Bluff to the surrounding property owner.

City Manager Gary Esplin commented that a number of years ago UDOT transferred property along Bluff Street to the adjacent property owners. For some reason this piece was transferred to the City. It is landlocked and no one else can use the property. He recommended sale of the property to the adjacent property owner for $1 a sq. ft.

MOTION: A motion was made by Councilmember Pike to approve sale of the excess property.
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.





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March 1, 2012
Page Eight

AGREEMENT:
Consider approval of an airport use agreement for Thunder Over Utah.

Airport Manager Rich Stehmeier advised that legal has reviewed the agreement. He advised that he has been meeting with the Police and Streets Departments to make sure the event comes off without a hitch. 12,000 tickets have been sold and that is expected to double within the next two weeks. 8,000-9,000 cars are expected. He reviewed the parking and exit plans.


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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the Thunder Over Utah event.

MOTION: A motion was made by Councilmember Almquist to approve the special event permit.
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.

APPOINTMENT OF CITY OFFICIALS AND DEPARTMENT HEADS:
Mayor McArthur recommended that all City officials and department heads as now constituted be reappointed.

MOTION: A motion was made by Councilmember Bunker to reappoint all City officials and department heads as now constituted.
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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the February 9, 2012 City Council meeting.

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



St. George City Council Minutes
March 1, 2012
Page Nine


Consider approval of the minutes of the February 16, 2012 City Council meeting.

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




___________________________________
Gay Cragun, City Recorder