City Council Minutes

Thursday, April 19,2012



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

PRESENT:
Mayor Daniel D. McArthur
Councilmember Jimmie Hughes
Councilmember Ben Nickle
Councilmember Gil Almquist
Councilmember Jon Pike
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

EXCUSED:
Councilmember Gail Bunker

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

Mayor McArthur announced that Sunset on the Square free movies will be held the second and fourth Friday of each month at Town Square.

Mayor McArthur thanked Jerry Lewis, UDOT Commission member who represents the Southern Utah area, for the upcoming UDOT projects that will be funded in the City.

Mayor McArthur announced that the Kite Festival will be held this Saturday in Sun River.

Councilmember Almquist presented a picture to the City Council from the Blue Angels which will be exhibited at the new airport.

City Forester Doug Wulfenstein announced that the City is the recipient of a $5000 grant from the Department of Natural Resources which will be used to purchase trees to plant at the Nature Center. He invited the public to help plant the trees on April 28 at the Nature Center. He advised there are currently 2,200 trees in the Citys tree farm, and 700 were planted last year.

Kim Olsen, Executive Director of the Utah Parks and Recreation Association, presented the City with an award for the Citys Camp Neptune and Camp Atlas programs.

Mayor McArthur announced that the Police Department and Drug Task Force served four warrants on smoke shops for spice.

Polie Chief Marlon Stratton advised that over 200 pounds of spice was seized with a street value of $1.5 million and over 56 pounds of bath salts were seized with a street value of $600,000. He said this was result of an eight month investigation.

Mayor McArthur announced that another citizens academy will be held February through April, 2013 and is open to the public.

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

Gary Watts, representing the Dinosaur Site Foundation Board, presented their annual report and invited the Mayor and Council to an open house at the dinosaur museum May 1. He also introduced Rusty Salmon, dinosaur museum director.

CONSENT CALENDAR:
Consider approval of the financial statement for March, 2012.

City Manager Gary Esplin advised that the City is in good financial shape as revenues are up and expenditure are less than projected.

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

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

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April 19, 2012
Page Two


The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Riverside Drive widening project.

City Manager Gary Esplin explained this bid is for the Riverside Drive project. The road is being widened and the sewer line is being redone from 400 East to 3050 East. The low bidder was Quality Excavation, but they have asked to have their bid withdrawn as they made an error in their bid calculation. Staff recommends allowing them to withdraw their bid and award the bid to the second low bidder, Dennet Construction, in the amount of $3,859,236.50.

Project Engineer Cameron Cutler advised the contract period is 140 days. The City is allowing the contractor to close Riverside Drive between River Road and Foremaster Drive for 80 days because there is not enough room to work on the sewer and to allow traffic at the same time. The road, however, will not be closed until school is out for the summer and will be opened when school begins.

City Manager Gary Esplin advised that the second low bid is still a few hundred thousand dollars under the engineers estimate. This is a major sewer line from Washington City and east St. George and it has to be done right. He explained that the City treats the sewage from Ivins, Santa Clara, Washington and St. George and collects impact fees. Under the agreement, if a line serves two communities, as this one does, funds for the upgrade can be used from the regional wastewater fund. All funds for this project will be from the regional wastewater fund.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote, as follows:

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 Creamer & Noble for construction management on the Riverside Drive widening project.

Purchasing Manager Connie Hood advised the amount of the contract is $130,269.18.

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

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 crushing at the Reuse Center.

City Manager Gary Esplin explained that the Reuse Center on Brigham Road takes green waste and also allows concrete and asphalt to be dumped there. Every year the City goes to bid for crushing of the concrete and asphalt. The product is used for City projects to save money.

Purchasing Manager Connie Hood explained Progressive Contracting was the only bidder. Their bid is in the amount of $63,514. In the meantime there is an additional 800 tons
of concrete and 100 tons of asphalt to be crushed. The new amount recommended is $69,602.


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April 19, 2012
Page Three

MOTION: A motion was made by Councilmember Almquist to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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 to the contract with JBR Consultants for the ground water sampling/reporting to UDEQ.

City Manager Gary Esplin explained that in order to fulfill obligations for environmental quality, the City has to hire an independent company to show that the City has solved its underground tank leak problems.

Purchasing Manager Connie Hood recommended award of a change order to the contract with JBR Consultants, which includes three ground water samplings and a report to the UDEQ, in the amount of $34,565.

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

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

The vote was unanimous and the motion carried.

CONTRACT:
Consider approval of a UDOT local government contract with Stanley Consultants for construction management on the Dixie Drive East project.

City Manager Gary Esplin explained this is an MPO project and they have selected Stanley Consultants.

Purchasing Manager Connie Hood advised the amount of the contract is $179,994.45. The Citys match will be $12,185.24.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/FINAL PLAT AMENDMENT:
Public hearing to consider approval of a final plat amendment for Sun River St. George Phase 30 Amended to adjust the private ownership area for Lots1712 and 1713 and the common area and limited common area between them.

Todd Jacobsen displayed the plat and explained the purpose for the amendment.

Mayor McArthur opened the public hearing.

Linda Bortna explained she owns Lot 1711 and wondered what impact this change would have on her lot. She expressed concern about building a home on the smaller lot.

Todd Jacobsen replied any construction would have to meet setbacks and requirements of the zoning ordinance.

There being no further public comment, Mayor McArthur closed the public hearing.
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April 19, 2012
Page Four

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/FINAL PLAT AMENDMENT:
Public hearing to consider approval of a final plat amendment for Emerald Ridge located on the east side of Dixie Downs Road at 1700 North Street to create a building pad to the east of pad #26 and eliminate a portion of the platted 35' private street that runs to the east boundary of Emerald Ridge, and to make permanent the temporary turnaround at the end of the 35' private street.

Todd Jacobsen displayed the plat and explained the purpose for the amendment.

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 amended plat with the addition of Lot 47 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 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 an on-premise beer license and local consent for a restaurant liquor license for Piccolo Mondo Restorante Italiano at 20 North Main. Alfredo Modica, applicant.

City Manager Gary Esplin explained in the past there was an issue with regard to proximity to the Tabernacle, but in discussions with the LDS Church, the Tabernacle is not considered a regular meeting place. Additionally, two licenses have already been approved in this area, one even closer than this application. Another restaurant in the downtown area is a good thing and staff recommends approval.

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

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 a diesel pick-up sled pulling event at the Sunbowl. Robert Van Otten, applicant.

City Manager Gary Esplin expressed concern about possible noise from the event.

Mayor McArthur stated there can also be a lot of smoke. He recommended tabling the item since the applicant was not present.

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


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April 19, 2012
Page Five

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 a Week of the Young Child event at Town Square. St. George Childrens Museum, applicant.

Becky Cox, representing the St. George Childrens Museum, advised they are the sponsor of this first time event in St. George. An experienced coordinator from another state is helping them put the event together. She distributed an event flyer.

City Manager Gary Esplin recommended waiver of the fee as long as the area is cleaned after the event.

Ms. Cox explained the event will be free to the public but there will be a small vendor fee.

MOTION: A motion was made by Councilmember Pike to approve the special event permit and waive the fees with the stipulation that the area be cleaned after the event.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote, as follows:

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 annual community celebration of the Americans With Disabilities Act at Town Square. Red Rock Center for Independence, applicant.

Jamie Moore, representing Red Rock Center for Independence, explained this is the annual celebration of the Americans with Disabilities Act. The event has been held as various parks in the past. They are inviting local community agencies to participate with booths.

MOTION: A motion was made by Councilmember Almquist to approve the special event permit and waiver of the fees. He also suggested that the City help market the event with a link on the Citys website.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

REQUEST TO CLOSE STREET:
Consider approval of a request to close a street for a Mustang cruise. Northern Utah Mustang Club Association, applicant.

Shane Dastrup, President of the local Mustang Club, requested closure of 200 East Street from St. George Blvd. to Tabernacle from 6:00 p.m. to 9:00 p.m. on April 27. He stated that cars are coming in from all over the United States and there will even be two from Australia. Barriers will be provided. The Iceberg restaurant is in favor of the event and is the only business impacted. Washington County has given verbal approval to use their two parking lots.

City Manager Gary Esplin stated that staffs only concern is that the street will be closed during rush hour. He stated that if this is the only place the event can be held, he supports it, but he would prefer the event be located on Main Street or at the Town Square.
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April 19, 2012
Page Six


Mr. Dastrup stated the street would probably be closed off at 5:45 p.m.

Councilmember Hughes inquired of Mr. Dastrup the significance of holding the event at this location.

Mr. Dastrup replied that Iceberg is famous for holding car shows there.

Jay Swain of the Iceberg restaurant advised that 227 cars are registered for the event, and they would like to close the street to make it safe for attendees walking across the street.

Councilmember Almquist commented he had no problem with closing the street on a Friday afternoon and the City is on a grid system and people are smart enough to figure out how to get around it.

MOTION: A motion was made by Councilmember Almquist to approve the request, from 5:00 p.m. to 9:00 p.m. on April 27 and to allow foot traffic east and west to be maintained, as well as on Tabernacle.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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 1st Annual Autism Awareness Walk. Heather Corum, applicant.

City Manager Gary Esplin explained the event will be held at the Bluff Street Park from noon to 2:00 p.m. on April 28 and the applicant is requesting that the streets around the park be closed.

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

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

The vote was unanimous and the motion carried.

BUSINESS LICENSE:
Consider approval of a business license for a dance hall. Harold Hilburn, applicant.

City Manager Gary Esplin explained that dance hall business licenses are required to be approved by the Mayor and City Council. Staff has concerns with the request if the activities are as shown on a video that is promoting the event.

Hal Hilburn, representing Yellow Pix, explained that he, his son and wife, are the principals in the business. They have a facility in the Holiday Square for shooting videos and holding photo parties. They would also like to hold dances. Their intent is to sell pictures and provide entertainment.

City Manager Gary Esplin explained that the questionable video is being distributed throughout the community, and it is on Facebook, advertising an ABC (Anything But Clothes) party at the Yellow Pix address. Already over 130-140 youth have signed up to attend. A dance is one thing, but a rave party is something else.

Hal Hilburn explained they asked the maker of the video to pull it off Facebook and this man has taken it upon himself to promote something outside of their planned fun family activities, and they cannot get him to stop. He stated he had the signatures of all the businesses in the Holiday Square supporting their business.



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April 19, 2012
Page Seven


Police Chief Marlon Stratton advised the DVDs have been distributed at College apartments and it appears many of them have been handed out. He stated the question

is how to plan to prevent the problem if hundreds of kids turn out for the party as advertised. In any case, the police will have to step in and help mitigate the issue.

Hal Hilburn stated that business hours are from 9:00 a.m. to 4:00 p.m. He suggested that the parking lot could be closed.

Police Chief Marlon Stratton commented that the Police Department would appreciate being notified of any events that attract crowds. Only by chance did they find out about this ABC dance.

City Manager Gary Esplin commented he was not opposed to having dance parties as an adjunct to the photography business, but the Police Department should be made aware of any dances on Friday and Saturday nights after normal business hours, as these are separate from the applicants business license.

Deputy City Attorney Paula Houston commented that staff had concerns about the dances, the volume of attendees, parking issues, and the Citys ordinance says that dance halls have to be approved by the City Council. She advised that if a dance is planned for after 4:00 p.m., the security plan will have to be approved by the Police Department, and staff will have to look at the impact on the neighborhood and police force and approve the request before the event could be held.

Lt. Scott Staley inquired if the applicant was applying for a business license for a dance hall, or a special event permit.

City Manager Gary Esplin clarified the applicant is applying for a business license for a dance hall.

Deputy City Attorney Paula Houston suggested the matter be tabled so everyone can agree on a security plan.

Lt. Scott Staley commented there is a difference between small private parties that involve picture taking versus the ABC dance where 140 people have already signed up to attend.

Hal Hilburn replied they have no problem with tabling the matter for two weeks while a security plan is worked out.

MOTION: A motion to table the matter for two weeks was made by Councilmember Hughes.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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 a zip line. Bryce Payne, applicant.

City Manager Gary Esplin explained the issue is the fees charged for the permit. The Citys ordinance covers special events that are six days long or less, and fees are based on the length of the event.

Business License Officer Shiloh Kirkland explained that special event fees are based on attendance: the fee for 300 or more attendees per day is $150 per day. Based on the expected attendance the applicants fee would be $4,500 for a six week period.

City Manager Gary Esplin clarified that this is a business, not a special event, and the reason why special event permit fees are charged is to protect local businesses that pay property taxes. However, this business does not compete with any other business. In order for the City not to charge the required fee, the City Council would have to make some kind of special determination. The City does not waive fees for carnivals. The applicants request an adjustment of the fee.

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April 19, 2012
Page Eight


Councilmember Pike commented he felt that $75 a day was reasonable.

Business License Officer Shiloh Kirkland advised hours of operation are from 3:00 p.m. to 11:00 p.m. April 13 through May 19.

MOTION: A motion was made by Councilmember Pike to approve the special event permit at a rate of $75 per day.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Wes Jenkins explained that the Planning Commission, at its meeting held April 10, 2012, recommended that a public hearing be scheduled for May 3 to consider a zone change from A-1 to A-20 on 4.67 acres located at 3320 East 2620 South.

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 McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Wes Jenkins explained that the Planning Commission, at its meeting held April 10, 2012, recommended that a public hearing be scheduled for May 3 to consider an amendment to Title 10, Chapter 10, Section 2, St. George City Code, to add automobile parking lot in accordance with regulations to be specified in Section 10-10-5M, Automobile Parking Lot.

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

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

The vote was unanimous and the motion carried.

Councilmember Jimmie Hughes explained that the Planning Commission, at its meeting of April 10, 2012, brought up some interesting points with regard to parking for student housing. Not just students, but their friends, will create a parking situation, and this also should be considered.

City Manager Gary Esplin suggested the Planning Commission be invited to the City Council work meeting next week to discuss this issue.

Councilmember Hughes commented that the applicant for the student housing project stated that parking underneath the building is not an option due to cost.

AUTHORIZE CITY MANAGER TO SIGN LETTER:
Consider approval of, and authorize the City Manager to sign, a letter from UDOT stating that a de minimus impact finding is appropriate for Bluff Street Park, Dixie Red Hills Golf Course, and the Bluff Street trail as they relate to the widening of Bluff Street.



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April 19, 2012
Page Nine

City Manager Gary Esplin explained the letter states that the Bluff Street widening project will not have a significant impact on the park, golf course or trail.

MOTION: A motion was made by Councilmember Nickle to authorize the City Manager to sign the letter.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARING DATE:
Set a public hearing date for the disposal of City property in the Little Valley area.

City Manager Gary Esplin explained that under State Code if a city sells a significant parcel of property it must first hold a public hearing. The subject property is located around the elementary school in Little Valley, consisting of approximately 20 acres. He recommended giving at least two weeks notice of the public hearing.

MOTION: A motion was made by Councilmember Almquist to set the public hearing as recommended by the City Manager.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote, as follows:

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 March 29, 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 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 April 5, 2012 City Council meeting.

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

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

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



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April 19, 2012
Page Ten

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

The vote was unanimous and the motion carried.

RECONVENE/ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Pike.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.



________________________________
Gay Cragun, City Recorder