City Council Minutes

Thursday, June 7,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 7, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Jimmie Hughes
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jon Pike
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 Councilmember Bunker and the invocation was offered by Councilmember Almquist. He invited anyone wishing to offer an invocation at a City Council meeting to contact the City Recorder.

Mayor McArthur announced the opening on June 14 of a new wakeboard park located by the new airport. Tomorrow is the second movie of the summer season to be shown at dusk at Town Square - it is the Chronicles of Narnia.

Councilmember Bunker announced that there will be an Art on Main Street tour tomorrow evening from the Art Museum to the Tabernacle which includes all the businesses along the way.

Mayor McArthur read a letter complimenting several police officers.

Councilmember Hughes arrived.

Mayor McArthur invited the St. George Princess to introduce herself and her court. Mayor McArthur invited several Scouts in the audience to introduce themselves.

Roxanne Finnerty and Trina McCoy, from Victim Services, introduced themselves and presented a report for the first five months of this year with the statistics of those served. Ms. Finnerty advised they are in the last half of their current grant. She explained they offer resources to victims, help them through the court procedure, help with protective orders, and attend court with them, as well as provide any other type of service they can to help victims through traumatic times.

Mc. McCoy advised that attending numerous court hearings on behalf of the victims keeps the victims from having to face the offenders again and again.

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

City Manager Gary Esplin commented that financially the City is in good shape at this time.

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

AGREEMENT:
Consider approval of an agreement with Rosenberg Associates to provide construction management for the Mathis Bridge project.

City Manager Gary Esplin explained this agreement is for the new bridge being built. He recommended award of the bid to Rosenberg Associates.
Purchasing Manager Connie Hood advised the amount of the contract is $98,084.

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June 7, 2012
Page Two

MOTION: A motion was made by Councilmember Bunker 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.

AWARD OF BID:
Consider award of the Sunset Park improvement project.

City Manager Gary Esplin explained that bids were opened Tuesday and this item is being expedited because school is out and it is hoped all improvements can be finished before school is back in session. The project is over budget by $60,00. Two bids were received. The bidding climate is changing. Funds are available in the Park Impact Fund. He recommended award of the bid to the low bidder.

Purchasing Manager Connie Hood advised the low bidder is Sunroc Corp in the amount of $560,853.20. There were only two bidders, even though four packets were picked up.

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 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 fireworks for the Fourth of July.

Purchasing Manager Connie Hood advised the request for bids was advertised on the e-net and sent to those who the City has worked with in the past. Only one bid was received. She recommended award of the bid to Fireworks and Stage FX America in the amount of $30,000.

City Manager Gary Esplin advised Canyon Media is donating $15,000 this year toward the fireworks and the City has $15,000 in the budget for fireworks.

MOTION: A motion was made by Councilmember Almquist to award the bid 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.

BEER AND LIQUOR LICENSE:
Consider approval of an on-premise beer and liquor license for Wing Nutz at 15 South River Road. Brett McElyea, applicant.

City Manager Gary Esplin advised this is a second location for this business, located in the Red Rock Commons. He advised that a restaurant liquor license is the least problematic as the liquor is served in a very controlled environment. The application meets all requirements.


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Page Three

MOTION: A motion was made by Councilmember Nickle to approve the beer license and local consent for the restaurant liquor license.
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.

SET PUBLIC HEARING:
Bob Nicholson, representing the Planning Department, advised that the Planning Commission, at its meeting held May 22, 2012, recommended that a public hearing be scheduled for June 21, 2012 to consider a zone change from R-1-10 to A-1 on 69 acres located between the Virgin River and Riverside Drive at about 900 South. The applicants are Sheldon Johnson and Kris Johnson. The City is asking them to clean up some of the equipment on the site. The applicants want to begin farming again.

MOTION: A motion was made by Councilmember Bunker to schedule the public hearing as recommended.
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.

FINAL PLATS:
Todd Jacobsen presented the final plat for Sunland Professional Park, a four lot commercial subdivision located at 491 E. Riverside Dr. Zoning is AP. Each building will be located on its own privately owned lot. The remaining area (landscaping and parking) will be common area.

Todd Jacobsen presented the final plat for Tonaquint Heights Phase 1, a three lot residential subdivision located at 1100 West and 2400 South on Chandler Drive. Zoning is R-1-40.

Todd Jacobsen presented the final plat for Whisper Ridge Phase 4, an eight lot residential subdivision located on the northeasterly side of Indian Hills Drive at 1020 West and 1040 South in the Whisper Ridge development.

MOTION: A motion was made by Councilmember Almquist to approve all three final plats and authorize the Mayor to sign them.
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.

PRELIMINARY PLAT:
Bob Nicholson presented the preliminary plat for Gazenda Phase 2, a one lot residential subdivision on 7.143 acres located at 3430 East and 2300 South. Zoning is A-1. The applicant will stipulate to the installation of improvements when required by the City. The owner will be dedicating 33 feet of their frontage for the future 3430 East roadway. The Planning Commission recommends approval.

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

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Page Four

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:
Bob Nicholson presented the preliminary plat for Royal Pine Estates, a 21 lot residential subdivision on 8.6 acres located on the southwest corner of the intersection of 3000 East and 1140 South. Zoning is R-1-12. This preliminary plat was previously approved by the City Council, but the project was never developed because of the downturn in the economy. It is the same layout as previously approved. A development agreement will be required agreeing that once 50% of the lots are planned, the developer will install improvements along 3000 East. Lots along 3000 East are double frontage lots, and per City standards, a privacy wall will be required. A 10' wide landscape strip along 3000 East is required, which the City will maintain. A licensed landscape architect is required to design the landscape strip and it must be installed per City standards. The Planning Commission recommends approval subject to the following conditions: (1) the applicant shall resolve the issue of ownership of the five foot strip of land along the west property line. The applicant shall either acquire the land or omit it from the subdivision; (2) the development agreement shall be to the satisfaction of the City Attorneys Office and will address at what point improvements along 3000 East will be required. Once 50% of overall lots are platted, the developer will install the improvements; (3) lots sizes shall meet minimum square footages for the R-1-12 zone; and (4) the lots along 3000 East will be double frontage lots and will require the installation of a 10' landscape strip and a privacy wall along 3000 East. Because the City will own and maintain this 10' landscape strip, the developer will be required to have a licensed landscape architect design the landscape strip and it shall be installed to City standards.

Councilmember Bunker inquired if the applicant were willing to build a wall similar to others in the area to make the area more cohesive.

Bob Nicholson replied that the City has not come up with standards for block walls.

Councilmember Pike inquired about wrought iron gates on frontages.

Mr. Nicholson replied that these lots will not have animals and the privacy wall will be solid.

Mayor McArthur commented that the City has talked about uniformity in block walls.

Stacy Young, representing Quality Development, replied that the block wall will depend on what design the City wants to see there. The lots will be four feet below grade. There will be a four foot retaining wall and then a 6' privacy wall on top of that for a total of ten feet. At this point a standard masonry block wall is planned. There will be a trail along one side and a larger landscaping strip.

Councilmember Almquist commented that qualified landscape planners and designers should not be eliminated from being able to design landscape strips, and this should not be limited to just landscape architects and landscape planners.

Bob Nicholson replied that a landscape architect is required per the landscape ordinance.

City Manager Gary Esplin advised that City staff approves all landscape designs which are maintained by the City.

MOTION: A motion was made by Councilmember Pike to approve the plat subject to the recommendations of the Planning Commission.
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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Page Five

PRELIMINARY PLAT:
Bob Nicholson presented the preliminary plat for Bridle Gate Estates Amended, noting there are some minor changes to the plat. There are 108 lots which will stay the same, on 54.1 acres. Zoning is RE. The new owners are Derrick Hafen and Dan Steurer. A culdesac has been added. The guest recreation area will remain the same. The Planning Commission recommends approval subject to the following conditions:(1) the developers are required to create one HOA for the project; (2) the area on the north side of the project was originally shown as an equestrian recreation area. Because of market conditions, a portion of this 11 acre area may become a recreation area instead, i.e a park; (3) the improvements to the recreation area will be completed with Phase 2, the improvements to 2450 South will be completed with Phase 3, and the improvements to 3250 East will be completed with Phases 4 and 5. The improvements to 3000 East were completed with Phase 1; and (4) an improved development agreement must receive approval by the City Council.

The applicants desire is to create one HOA for the entire project. Before the Phase 2 plat comes through, this should be resolved.

City Attorney Shawn Guzman advised that safeguards will be put into the document and it will be ready when the final plat is approved.

Bob Nicholson advised a letter has been received from Frank Kuehnel regarding appropriate fencing, removing the barbed wire around the equestrian area and replacing it with horse-friendly wire, resolution of the drainage situation, clean-up of the rubble and old broken concrete which is stored on site and which the HOA has asked to be removed.

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 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.

HILLSIDE DEVELOPMENT PERMIT:
Bob Nicholson presented a request for a hillside development permit to allow modification or adjustment of the no-build, no-disturb line on Lot 149 in Castle Rock Phase 2 Subdivision. The owners propose to build a home on the property. The lot is .9 acre, is fairly wide and not real deep. The applicants propose to move the line. The Hillside Review Board met and a compromise was reached. The line will be moved in one area but brought down in another area so there will be no net change in the overall undisturbed area. The Hillside Review Board feels good about this, but are concerned with setting a precedent.

Councilmember Bunker expressed concern about setting a precedent.

MOTION: A motion was made by Councilmember Almquist to approve the hillside development permit subject to the recommendations of the Hillside Review Board with no net change to the overall undisturbed area.
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.

PUBLIC HEARING/VACATION OF STREET/ORDINANCE:
Public hearing to consider vacation of a portion of 600 South Street between 1000 East and 1100 East.



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Todd Jacobsen presented the request to abandon 20' which fronts on 600 South Street between 1000 East and 1100 East Streets. Property on either side of this 20' has already been abandoned. The abandonment will allow the curb and gutter to line up. Zoning is

R-3. After abandonment, the City will sell the property to the property owner for $1 per sq. ft.

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

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

City Manager Gary Esplin clarified for the record that after vacation, the property, which is owned by the City, will be sold or disposed of for its appraised value.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Agricultural A-20 to RE-20 Residential Estates, R-1-12 Single Family Residential, and C-2 Commercial on 49.92 acres generally located north of Crimson Ridge Drive and west of 3000 East. Quality Development, applicant.

City Planner Craig Harvey displayed a map of the property location. The Planning Commission recommends approval on a four to two vote. Those who did not vote for it wanted larger lots.

Stacy Young, representing Quality Development, advised they recently down-zoned 105 acres in the southwest corner from R-1-10 to large RE lots, with a density of less than one unit per acre. 40 units have two units per acre, and 150 acres have Residential Estates zoning with one to two units per acre. This is a continuation of that similar planning concept. The project is consistent with feedback from the City Council and provides a buffer and feathering. The equestrian trail along Little Valley Road continues along the west boundary of this project.

Councilmember Bunker inquired how the developer is alerting people who buy in the project that there is a right to farm.

Mr. Young replied it is on all their plats, and in this area it is spelled out in the standard addendum.

Mayor McArthur opened the public hearing.

Mike McGregor advised he represented a majority of homeowners who were unable to attend. He applauded Quality Development for accommodating those with A-20 zoning on the west side. He commented that property on the north side of the project should be zoned RE-20 because there is a large area of ag property to the north of the project. Additionally, when the City approved the Silkwood Subdivision next to his property, one of the stipulations was for low impact lighting. This is not what has been installed. They have installed open ballast lights that can be seen from 100 miles away and are some of the brightest lights in the County. He requested that the lights be replaced with low impact lighting, and that low impact lighting be used throughout the entire area to retain the open space residential feel.

Paul Iverson thanked Quality Development for listening to the citizens in the area and working with them. The proposal is not ideal but has come a long way in the last few years. He stated he was glad to see the tie into 3000 east to alleviate traffic along Little Valley Road, although he still has concerns as the City keeps approving denser housing in the area. The street in front of his home which was adequate, will need to be improved, and he commented he does not believe he should have to pay to improve a street so the developer can get the highest gain from his property down the road. He commented he could see a freight train called a SID coming his way. He stated he


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Page Seven

bought his lot because it had no curb, gutter or street lighting, and he requested that the lighting be kept low impact in the area.

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

Councilmember Almquist inquired how deep the RE-20 lots were going to be.

Stacy Young replied they are 170' deep. He stated that Quality Development does not own the RE-20 area north of their project.

MOTION: A motion was made by Councilmember Bunker to approve the zone changes as recommended.
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.

Mayor McArthur requested that City Manager Gary Esplin check into the lighting situation in the Silkwood Subdivision.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Residential Central City (RCC) to Planned Development Residential on 1.98 acres located at approximately 126 West 200 North Street. James Dean, applicant.

Bob Nicholson presented a request to rezone four parcels of property from RCC to PD Residential to become part of the Seasons Health and Rehab project. The applicants purchased Porters Nursing Home a year ago. The property in this project is 1.98 acres. The existing nursing home will remain open while the applicant is building a new Phase One structure to accommodate 53 beds in a skilled nursing facility. When that is finished, the existing building will be remodeled and added to. Both buildings will be single level, but the new building will have a mezzanine area in the entryway which will provide additional height, but still below the 35' height limit. Porters Nursing Home opened in 1951 at this location. The mezzanine at the entrance will be 3000 sq. ft. The average height of the new building is 30' to the midpoint of the sloping roof. The existing building will be 19' measured to the midpoint of the roof line. The applicant is required to have 34 parking spaces, and they have 37 on site. A materials board has been provided. There was no opposition at the Planning Commission meeting, but one letter of opposition has been received from the operators of the Seven Wives Inn.

Mayor McArthur commented the plans are quite an improvement over what has been there all these years.

Mr. Nicholson presented slides of the site. He advised that the Planning Commission unanimously recommended approval.

Michael Dean advised they purchased the facility in November, and he has been the active administrator for the last year and a half. Porters was the first senior home in Southern Utah. He stated they are excited to rebuild the facility and provide the seniors with something they deserve.

Mayor McArthur commented he liked the proposed colors of the buildings.

Mr. Dean replied the project was designed to fit into the historic district.

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

MOTION: A motion was made by Councilmember Almquist to approve the zone change to accommodate the plans submitted, including the outside appearance as submitted.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:




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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.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider adding dance hall without alcohol and dance studio to the list of permitted uses for the Southgate area PD zone. John Carter and Dan Derrick, applicants.

Bob Nicholson presented the request to add both dance hall without alcohol and dance studio to the list of permitted uses in the Southgate PD zone. He presented the PD Commercial zone boundary created in 1985. At that time a list of proposed uses was submitted, but did not include dance hall or dance studio in the list of uses. The property owner is Dan Derrick and the applicant is John Carter. The project is located at 1495 South Black Ridge Drive. Mr. Nicholson presented slides of the building. Opposition to the request has been received from Eagle Ranch Academy, and 30-40 emails from supporters have been received. Any time there is an amendment to a zone, state law requires a public hearing. Parking for a dance hall is based on maximum occupancy, and maximum occupancy is a fire code matter. The Fire Chief has measured the area at 1,339 sq. ft. which translates to a maximum occupancy of 268 people, requiring 77 parking spaces. There are 108 parking spaces in the center. A shared parking arrangement will be needed. Most of the tenants in the center are closed in the evening, and the applicants business is only open in the evening. The Planning Commission recommends approval on a five to one vote.

John Carter, applicant, advised that he has had dance halls for 20 years. His customers are not drug users, do not cause damage to autos, are not a bad influence, and a good number of them come with their families. Rules are posted. He presented photos of the site, distances to nearby buildings, and of the people who dance at his facility.

Mayor McArthur declared a conflict of interest, commenting that Mr. Carter is a dear friend of his. He then opened the public hearing.

Dan Derrick advised he is the landlord if the request is approved. He stated it was his belief that neighbors and clients of nearby facilities will not even know what is going on in the building. This specific site was previously leased for three years to a restaurant with a liquor license. The Crystal Inn restaurant, right around the corner, also sold liquor, and this never affected Mr. Arslanians business. He stated he disagreed there will be potential problems with a non-alcoholic, non-smoking establishment. The list of uses presented was not intended to be all-inclusive. Similar allowed businesses include amusement enterprises, athletic club, bowling alley, health club, social hall, music store, penny arcade, recreation center, roller skating rink, etc., all with similar dynamics to a dance hall or dance instruction. He stated that right now he could open a convenience store or drug store and could sell alcohol or tobacco, or a grocery store. If anyone wants to obtain these items, they are all located within a half mile. People will not come to a non-alcoholic and non-smoking facility and find trouble. There are City ordinances in place for dance halls, which helps limit the possibility of drinking in parking lots. Customers will be required to pay an admission fee in order to gain readmittance to the building. Music is considered to be unnecessarily loud if it can he heard more than 100 feet from a building. As the crow flies to the property line is 250 feet, estimating it is another 150 feet to the closest building at Eagle Ranch Academy. Additionally, it is unlawful for any person to allow an intoxicated person to be on the premises. He stated he felt adequate protection was in place for those businesses located around the premises. He stated that as the landlord, he has ten other tenants in the building, and his personal business is located on site, and no one would be more affected than he would.

Michael Renart advised he has been a customer of Mr. Carters at the Dance Factory, and he learned to dance there with his two daughters. He stated he has seen more drinking at LDS single adult events than at any of Mr. Carters places. He stated Mr. Carters facilities are the only dance facilities that are alcohol and smoke free. He stated it would be disastrous to not allow this type of activity.

Mayor McArthur advised he is limiting comments to two minutes.

Jordan Renart advised that she attends Mr. Carters dances with her sisters and father where they swing dance, do the two-step, and line dance. It is not only fun, it is family fun. She stated it is very hard to find something fun to do without alcohol, smoking or

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drugs. She stated that Mr. Carters customers are the best security as they make sure nothing bad is going on because they want the facility to remain open.

Tara Ferrin advised she has taken her children to the Dance Factory and there has never been a safety issue. She stated that her daughter and son-in-law met at the Dance Factory. She stated it is nice to know that when her children attended, they were off the street in a safe environment without alcohol or drugs. She stated she was in favor of the zoning amendment.

Christina Jackson commented she has been attending Mr. Carters dances since she was 16 and she has met many great people and made many friends there. She stated she hoped the City Council would allow Mr. Carters facility to remain open.

Adam Munks advised that dance is his passion and he has been attending Mr. Carters dances for 15 years.

Janece Gardner commented her kids attend the Dance Factory and her daughter and son-in-law met there. She and her friends line dance there every week.

Heather Chris advised she has been attending Mr. Carters dances for 13 years in a clean environment with no alcohol. Mr. Carter has made the dances welcoming for families, and her seven year old even attends.

Jason Crist advised he courted his ex-wife and his current wife at Mr. Carters dances. He commented that Mr. Carter is reputable and honest.

Nadia Crawford commented she started attending Mr. Carters dances in 1996 and she wants her children to experience the dances too.

Heather Lightner said she has made lifelong friends at Mr. Carters dances. She stated that having Mr. Carter open again is the only release she has from being a mom.

Catherine Bradshaw commented she has not only learned to dance at Mr. Carters dance facility, she has also learned life lessons there.

Sophia Mill commented that Mr. Carter always insists on lady-like behavior and she thinks of Mr. Carter as a second father. She stated Mr. Carter was there for her when her own father, who was a truck driver, couldnt be. She stated that because of Mr. Carters character, there will never be a problem.

Kaylee Armstrong commented that Mr. Carters dances are good, clean fun, and she would like to take her children there.

Kathy Westerby, age 64, commented that it does not matter how old or young, everyone feels comfortable at Mr. Carters dances. She stated she hoped Mr. Carter would not have to pay for someone elses dance studio that might not be as good, as that would not be fair. She stated that St. George needs Mr. Carter.

Danielle Loveless commented there is a family atmosphere at Mr. Carters establishment. She commented that line dancing encourages positive behavior, and country music is a good thing. Mr. Carter is a good example and encourages and motivates others to better their lives.

Vincent Stringham advised that he has been going to the Dance Factory for 16 years and it is a great place for youth and to relieve stress on the dance floor.

Elise Bee commented she attends the dances because she can breathe the air and exercise. She commented that none of the other tenants in the building are present to contest the request and they are supportive of the business. There is a karate studio to the right of the proposed location, and other tenants include a massage and fitness center and a dance studio for children.

Dan Bicell encouraged the City Council to make the right decision and keep the Dance Factory open.

Kathy Hawkes advised she has been attended Mr. Carters dances for eight years. She stated that Mr. Carter is an excellent person, and everyone polices each other at the dances.

Lisa Hubbles commented that a lot of people have respect for Mr. Carter, and everyone is getting something that they love to do.


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Eric Wallin commented that he has been attending Mr. Carters dances for 14-15 years. He stated there is nothing to do in this town that is as clean and wholesome as going line dancing.

Eros Mackie commented that as a neutral citizen, he wanted to know why Mr. Carter is in business when a dance studio is against the code.

Jim Arslanian advised he is the in-house attorney for Eagle Ranch Academy as well as part-owner and admissions director. He stated he has a solution to the problem which is a win-win. If everyone who supports Mr. Carter will help him find a location in a C-3 zone, then that will help Mr. Carter open his dance hall, as a dance hall without alcohol is a permitted use in the C-3 zone. None of the comments made address the legal issues. Eagle Ranch Academy is not opposed to dance halls, however, they are opposed to a dance hall within 200 feet of their property line in a PD zone that does not allow that type of business use. A packet has been provided to the City Council with a legal analysis and expert opinion in opposition to the zoning amendment. The City Ordinance relating to this matter is clear in what the applicant has to prove. Eagle Ranch Academy is a youth residential treatment facility, and he feels they are being attacked. The property where the treatment center is located has been a residential treatment facility for 27 years. City Code provides that the applicant must show that the proposed business is both compatible and in harmony with the existing businesses in the PD zone. He personally walked and measured from property line to property line, and it is within 200 feet. There is an adult detox facility across the street. It defies logic to think that a dance hall is compatible and in harmony with a youth residential treatment facility or adult detox facility. It is a bad idea and can create problems for patients and residents. Stephen Wade has provided a written statement in opposition to the application and would like it read into the record. The application does not meet legal standards and must be denied. He stated it was fair to call a dance hall a nightclub, and Mr. Carters business has at least one pool table set up. It is also to be noted that for two to three years, the property owner has been in violation of the existing zoning regulations as he already has a childrens dance studio on the property and that has never been an allowed use in the Southgate PD, and is the reason dance studio is included in the application to amend the zone. He stated that there has been no evidence, testimony or statement provided to the City Council that a court would consider that would touch upon the burden of proof that the applicant has.

Mayor McArthur commented that the City Council has a right to determine this matter.

Mr. Arslanian commented that if the City Council approves this request, it will have to approve the request for anyone who wants to operate a dance hall in that zone, regardless of the applicants character. Again, the applicant has the burden of proof that the use is in harmony with the PD zone.

Jerry Thamert, Clinical Director of Eagle Ranch Academy, read a letter he wrote in opposition to the zoning amendment. He objected to the dance hall because of its party-like atmosphere and the fact that it would remain open three hours after the patients are in bed. The dance hall will put the patients at risk. The location is on a hill and in view of the patients and would be a distraction. Night life is a trigger for students, and there is an impact, whether or not there is drinking or smoking. He inquired what would stop the applicant from selling the business to someone else who may not have the same integrity.

Kirk Smith commented that as a former law enforcement officer, he deals in worst case scenarios, and he has been around enough dances to know that it only takes one person to ruin it for everyone. He stated there are places available that are already zoned for a dance club, and the current zoning should not be changed.

Ron Hahn commented that people will come to the dances who have been drinking, whether it is permitted or not, and the dance club will bring traffic and parking problems, loud music, and as an advocate of youth he does not see it as a desirable thing in the community. The nearby treatment centers are trying to break cycles, and the dance hall will trigger emotions. The welfare of young people should always come first. He stated that a treatment center would never build next to a dance hall.

Paul Arslanian, founder and co-owner of Eagle Ranch Academy since 2005, stated he did not doubt that Mr. Carter runs a great program, but once the cat is out of the bag, the door cannot be closed. He stated he was disappointed with the PR blitz that has gone on and he felt attacked and demonized because he opposes the request. He read a letter from Stephen Wade expressing opposition to the request because of the possibility of increased vandalism to vehicles. Mr. Arslanian commented the three existing businesses in closest proximity oppose the request. He recommended that the applicant find zoning elsewhere where the use is permitted.

St. George City Council Minutes
June 7, 2012
Page Eleven

Greg Anderson, owner of the adult detox hospital, stated his property is inches from the proposed site and shares a property line. He stated the area is conducive and appropriate for his business, and there is no other place for it. He made the decision to be there because of the City Councils coaching and requirements of that type of facility. He promised the City Council not to have any mandated clientele. A dance facility can go anywhere, but there are not many places for rehab facilities. The area is quiet and the treatment centers located there are reputable businesses which bring in a lot of revenue to the City. He stated his facility is voluntary, and if his clientele see the commotion, even without alcohol, they will want to go out his door and do something they are trying to eliminate from their lives.

John Carter commented he obtained a business license over a month ago to open his business for dance instruction. There is no negative impact, and the nearby treatment center did not even know he was there because they cannot hear or see them. The opposition is based on scare tactics and worst case scenarios. A recreation center is allowed in this location, and if he has to, he will change his business to a recreation center. He stated his dance business is a business just like the oppositions, and if run improperly, any business can create problems for the community. He stated he has invited the treatment center people to come and visit his business, but they have not done so. He stated he would not sell his business to anyone, and each application for a dance hall should be judged on its own merits. Dance halls can be good for a community, but regulations are needed. His business is reputable and invisible. He stated he would support whatever decision the City Council makes.

Dan Derrick, applicant, disagreed that this proposal is not compatible and not in harmony based on intended but not inclusive uses. He stated that all issues have been addressed. It is physically impossible for the detox center or Stephen Wade or the Eagle Ranch to look through the windows and see what is going on. He encouraged approval of the request.

Mayor McArthur closed the public hearing.

Councilmember Hughes inquired if the City Council would have to approve the use if it were a permitted use.

City Attorney Shawn Guzman replied no, only if it is a conditional use. The applicant will still have to obtain a business license for a dance hall. The ordinance says that dance halls are permitted in certain zones.

Councilmember Pike commented it was his understanding that the City Council can decide what is in harmony with the PD zoning.

City Attorney Shawn Guzman replied this is correct, noting that many of the comments made in opposition to the dance hall are the same comments the City hears in opposition to treatment facilities. The ordinance is clear in that the intent is to allow the City Council the right to amend a PD zone, to provide for other uses which were not contemplated or approved in the original PD zone. If a dance hall is allowed in this PD zone, then other similar dance halls would have to be allowed. This hearing tonight is not to talk about the character of the applicant, but the use in the PD zone. The City Council can decide to not allow the use, but it can also put special conditions on any approval. City Code says that any amendments to the plan can be accomplished and can be reviewed in the same manner as the zoning request. Permitted uses were designated by the City Council, and they can designate any uses that are in other commercial zones. They are allowed to come back and amend those uses if they find they are in harmony with the zone. Any change can be approved and specific conditions enforced as deemed necessary to protect the health and safety of the public. The City Council can put conditions on this dance hall similar to that done on the Moores Business Form property. Another interesting fact is that this property owner can request a zone change for his entire property and allow all uses in harmony with that zone. He advised that he thought the applicant addressed concerns raised in the documents the City Council received. The City Council has the ability to deny it or approve it based on the findings presented and what their experience has been as well. There is uniqueness to the site located on Blackridge Drive. The City Council clearly has the ability to make the change to the zone.

Councilmember Pike commented he felt the Dance Hall Ordinance and the business licensing process gives the City a lot of enforcement ability.

City Attorney Shawn Guzman commented he felt the business licensing portion is geared toward large dances. An ongoing dance hall comes before the City Council one time.

Councilmember Pike inquired about the Citys ability to terminate a business license.

St. George City Council Minutes
June 7, 2012
Page Twelve

City Attorney Shawn Guzman replied if there is a violation of the law and it continues and is not corrected, the City can take the business license away for a period of six months.

Councilmember Hughes commented that the applicant is already playing music at the site, and there have not comments about the noise level.

It was noted that the adult detox center is not yet open.

Councilmember Hughes commented that when it comes to zone changes, he tends to favor who is there first, and he can understand the concerns of the treatment centers

and Stephen Wade, however, he did not think the City Councils hands are tied. PD zones are created for leeway.

Councilmember Bunker commented that she read the dossier presented to the City Council and visited the site. If this dance hall is approved, a dance hall has to be approved in any similar PD zone. She stated that while she knew what dance did for people and she wants the applicant to succeed, the treatment centers are already located in the area and she would feel terrible if the City Council did something that would be detrimental to them. She expressed concern about setting a precedent.

Councilmember Almquist commented that the City recently was presented with a request for a dance hall in the Holiday Square, and it was not a pretty thing. Unfortunately, the applicant seems to be the victim of others who have turned dance into something not as beautiful and uplifting as what the applicant has done. He stated there are other locations in the City suitable for a dance hall, and inquired of the applicant if he has looked for other sites.

Mr. Carter replied that they need a wood dance floor with super air conditioning, which this location provides.

Councilmember Almquist commented that part of the issue is the harmony with the other businesses.

Councilmember Nickle commented that the City Council has a broad perspective. He took issue with a comment made earlier when it was asked which endeavor was more noble - to have a dance hall or work with troubled youth. He works with troubled youth, and a lot of these professionals do not get credit for what they do - save lives. These businesses that help youth are important to the community and have been there a long time. This is not an easy decision, but this is not the best place for a dance hall. There are opportunities to have the dance hall somewhere else in the community.

Councilmember Bunker inquired about a temporary approval.

City Attorney Shawn Guzman commented the matter at hand is a zone change, and it must either be approved or denied.

Councilmember Almquist advised the applicant can always come back with another proposal.

City Manager Gary Esplin commented that a PD zone is done for specific reasons. It could have been zoned C-3 at the time the center was built, but C-3 was not appropriate as it allowed every possible use. The uses approved were compatible at the time. Any further proposal would have to be compatible with the existing zone.

Mayor McArthur advised that changes are made to PD zones often.

MOTION: A motion was made by Councilmember Pike to approve the request to add dance hall without alcohol and dance studio to the list of permitted uses in the Southgate area PD zone, and subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - no
Councilmember Almquist - no
Councilmember Nickle - no
Councilmember Pike - aye
Councilmember Hughes - aye

The motion was denied.

St. George City Council Minutes
June 7, 2012
Page Thirteen

Mayor McArthur called for a short break. Upon conclusion of the break, the meeting continued.

PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amendments to the 2011-2012 fiscal year budget.

City Manager Gary Esplin advised that most of the changes to the General Fund have been discussed during the fiscal year. The bottom line is the City should end up $900,000 under budget in expenditures, and $1.7 million above in revenues. The recommendation is to transfer any balances left, around $2.5 million, to the Economic Development Fund and $1 million to the Capital Projects Fund. The Economic Development Fund is used for various activities - to buy buildings and property. The City
Council determines what the expenditures area for, as there are no rigid requirements. However, expenditures have to be justified just like any expenditure in the City.

Councilmember Almquist inquired if purchasing art could be considered economic development, or anything to promote the City and tourism and jobs.

City Manager Gary Esplin replied the Economic Development Fund has been used to help with golf courses, the Dixie Center, or other numerous uses. The City Council can make that determination. He then reviewed the various amendments to the budget.

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 recommended budget amendments by resolution.
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:
Public hearing to receive public input on the 2012-2013 fiscal year budget.

City Manager Gary Esplin explained that at least one public hearing is required for adoption of the new budget, but the City has always had two public hearings. He suggested that funds could be found in the budget for the purchase of one air quality monitor for $25,000.

Bill Swensen advised that each year the City requests the use of a monitor from the State, and if the City purchased one, that would give the City two for the best scenario. They could be moved around to problem areas.

Mayor McArthur opened the public hearing.

Carol Sapp commented there are grants available through Clean Cities, and this would save the City $25,000.

Mr. Swensen advised this has been explored in discussion, but there has been no follow-through.

Ed Baca expressed appreciation for the open discussions and transparency that has taken place in the budget process, and he commended the City Council for a job well done.

There being no further public comment, Mayor McArthur closed the public hearing. The next public hearing on the budget will be held June 21.

Councilmember Almquist suggested that $2.5 million be moved to the Economic Development Fund as matching funds for the St. George Musical Theater to purchase a building. This would allow them to get their feet off the ground and pay back the City.

Councilmember Bunker commented in that event she would also like to give some to the Heritage Choir who have asked for space at the Art Center.


St. George City Council Minutes
June 7, 2012
Page Fourteen

City Manager Gary Esplin suggested hiring a consultant for a full feasibility study, as all such requests should be looked at in total.

AGREEMENT:
Consider approval of a Firm Natural Gas Transportation Agreement with Kern River.

City Manager Gary Esplin explained that if the City is to get maximum use of the gas turbines at the generating facility, a more firm source of natural gas is needed. Kern River is the best alternative at this time.

Energy Services Director Phil Solomon explained that four years ago staff approached Kern River about capacity, and at that time everyone wanted it. The market was high, but now it is low, and staff feels it is the best time to buy. The City will hold onto it for its own use. The agreement would begin in 2012 with the City using the gas year round beginning the winter of 2014.

City Manager Gary Esplin commented it makes sense for the City to diversify its portfolio.

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 May 3, 2012 City Council meeting.

MOTION: A motion was made by Councilmember Bunker 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 TO A REDEVELOPMENT AGENCY MEETING:
MOTION: A motion was made by CouncilmemberAlmquist to adjourn to a Neighborhood Redevelopment Agency meeting.
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.

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

St. George City Council Minutes
June 7, 2012
Page Fifteen


The vote was unanimous and the motion carried.

ADJOURN TO CLOSED SESSION:
MOTION: A motion to adjourn to a closed session to discuss a property sale and the character and competency of an individual was made by Councilmember
Almquist.
SECOND: The motion was seconded by Councilmember Hughes.
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.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Almquist.
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.


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Gay Cragun, City Recorder