City Council

Thursday, June 21,2012
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 21, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gil Almquist
Councilmember Jon Pike
Councilmember Jimmie Hughes
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Councilmember Ben Nickle
Councilmember Gail Bunker

OPENING:
Mayor McArthur called the meeting to order and advised that since there were only three Councilmembers present, all actions would have to be unanimous in order for a motion to pass, and anyone wishing to withdraw their item from todays agenda and continue it until a full City Council was present could do so. He then led the pledge of allegiance to the flag. The invocation was offered by Pastor Jimi Kestin. Mayor McArthur announced that Skywest Airlines, founded in St. George, just recently celebrated its 40th anniversary. Skywest is the third largest airline in the world, and the largest regional airline in the United States. He invited everyone to attend the movie tomorrow night in Town Square at dusk.

AGREEMENT:
Consider approval of an agreement with JP Excavating, Inc. to construct the 1450 South roadway improvement project.

City Manager Gary Esplin explained that this project spans a couple of budget years. This is the next phase of the project.

Purchasing Manager Connie Hood advised that only two bids were received. She recommended award of the bid to the low bidder, JP Excavating, Inc. in the amount of $786,757.28.

City Manager Gary Esplin commented that the City is seeing fewer bidders and higher prices. This phase of the project will extend 1450 South to 3000 East.

Councilmember Almquist commented there is a very narrow section of road on 3000 East, and inquired if this would be included in the next phase.

City Manager Gary Esplin replied in the affirmative, commenting that the City still has to acquire some right-of-way and deal with the hill.

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

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

The vote was unanimous and the motion carried.

CONTRACT:
Consider award of a contract to Insituform Technologies, Inc. for the Convention Center Drive pipe line project.

City Manager Gary Esplin advised this project is for the storm drain next to the Dixie Center which has failed in certain portions. The recommendation is to fix it without tearing it up by using a sleeve. The City has never tried this method before. The project was bid out, and this is the best bid received.

Purchasing Manager Connie Hood advised that there is a limited number of people doing slip lining.

City Manager Gary Esplin recommended approval, citing the soil conditions and amount of water in the area which is at the bottom of the drainage.

St. George City Council Minutes
June 21, 2012
Page Two

Project Engineer jay Sandberg advised that the sleeve is an inch and a half thick. Using it will avoid all disruption of having to dig up the road, etc. There will be little disruption to traffic.

MOTION: A motion was made by Councilmember Almquist to approve the contract in the amount of $494,980.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Planner Ray Snyder advised that the Planning Commission, at its meeting held June 12, 2012, recommended that public hearings be scheduled for July 5, 2012 to consider (1) a zone change request from M-2 to M-1 on 1.31 acres located at 177 North 3050 East on a portion of Lot 20; and (2) a zone change request from A-1 to R-1-12 on 9.03 acres located generally at 2350 East and Equestrian Drive.

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

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen presented the final plat for Gazenda II, a one lot residential subdivision located on the west side of 3430 East Street at 2350 South. He advised the applicant has a self-imposed building setback of 250' as they would like a pasture in front. He also presented the final plat for Meadow Valley Farms Phase 2 located on the west side of Little Valley Road at 2350 South 3430 East. Zoning is RE-20 and RE-37.5. He also presented the final plat for Silkwood Phase 4 located on the north side of Crimson Ridge at approximately 2750 East and 3400 South. He recommended approval subject to Legal Department approval of the development agreement.

City Attorney Shawn Guzman advised that the Legal Department review requirement for the Silkwood Phase 4 plat can be deleted as he is working on an agreement for the overall subdivision.

Councilmember Almquist inquired why some of the lots in the Silkwood Phase 4 subdivision were smaller than 10,000 sq. ft.

Planner Craig Harvey replied that at the time Silkwood was platted, lot size averaging was allowed in the R-1-10 zone under the density bonus overlay zone.

Todd Jacobsen presented the final plat for Sycamore Phase 2 located on the east side of Little Valley Road at 3710 South. Zoning is RE-12.5. He also presented the final plat for 100 East Street and 775 South Street road dedication plat.

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

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

The vote was unanimous and the motion carried.




St. George City Council Minutes
June 21, 2012
Page Three

CONDITIONAL USE PERMIT EXTENSION:
Consider approval of a request for a time extension for a conditional use permit to construct an 80' high cell tower on the east side of I-15 and south of the Southern Parkway interchange at Milepost 2. Insite Towers, LLC, applicant.

Planner Ray Snyder advised that the applicants current conditional use permit will expire in July, and City ordinances allow for an extension of time. He advised that the Planning Commission recommends approval for one year. The Planning Commission found that through no fault of the applicant, it was impossible for them to pursue the construction. He recommended approval subject to the findings of the Planning Commission.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a wedding cake catering business at a Landmark property known as the Hayden Church home at 43 West 100 South. Jack Gregory, applicant.

Planner Craig Harvey advised that the zoning is RCC. Under the Citys Landmark Site Ordinance, historic homes are allowed to be used for limited commercial uses based on certain conditions, which he read. The applicant will not be modifying the exterior of the home. Two parking spaces are required, but the applicant does not anticipate having any customers come to the business as it is a catering business. The City Council in 1994 approved this site for an antique shop, but that use terminated in 2001. The Planning Commission found that the request is an appropriate use for the property and recommends approval.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit subject to the recommendation of the Planning Commission which is to maintain the historic quality of the property existing at the time of this approval for the duration of the business license, along with the findings.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FAA GRANT:
Consider approval of a grant from the FAA in the amount of $11,000,000 for airport development and noise program implementation.

City Manager Gary Esplin advised this grant is for the FAAs annual payment to the City for construction of the new airport. There are two annual payments left after this one.

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

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

The vote was unanimous and the motion carried.

ADJOURN TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Almquist to adjourn to a closed session to discuss a property purchase.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote, as follows:

St. George City Council Minutes
June 21, 2012
Page Four

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential to A-1 Agricultural on approximately 69 acres located generally between the Virgin River and Riverside Drive at about 900 South. Sheldon Johnson, applicant.

Bob Nicholson presented slides and a map of the site. He explained that more than half of the 69 acres is in the meander area of the river. He displayed a map of the 100 year floodplain and advised that nearly all of the property is within the flood plain. Current zoning is R-1-10, which is not reasonable since no residential units can be built on the property. The applicant would like a rezone to A-1 to do farming. He displayed an aerial photo of the site. Staff is working with the applicant to clean up the property by removal of the industrial equipment on site. The Johnsons are trying to get the tenants relocated to be in conformance with the zone.

Councilmember Pike commented that the zone change made sense because the property cannot be used for R-1-10.

Sheldon Johnson, applicant, advised the zone change is important so that they can keep the water. He explained his tenants are trying to move their equipment off the property.

Mayor McArthur inquired of Mr. Johnson what he planned to do with the land outside of the trail in the river, and if he would consider donating it to the City.

Mr. Johnson replied that he purchased the property in the 1960's and his son Chris is now in charge of it.

Mayor McArthur advised that the City is trying to acquire all river bottom in this area.

Mr. Johnson replied that he would be glad to work with the City.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur again announced that because there were only three City Councilmembers present, anyone wanting to pull their item from the agenda and have it heard when there was a full Council present could do so.

PUBLIC HEARING/VACATION OF STREET/ORDINANCE:
Public hearing to consider vacation of a portion of Banded Hills Drive. Ken Miller and R&B Surveying, applicants.



St. George City Council Minutes
June 21, 2012
Page Five

Todd Jacobsen presented a map of the site, explaining the abandonment is necessary for development purposes.

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 vacation by ordinance.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ABANDONMENT OF EASEMENT/RESOLUTION:
Public hearing to consider abandonment of an easement for Lots 15, 16 and 25 of the Southgate Views Subdivision. Carey Blake and Bush and Gudgell, applicants.

Todd Jacobsen explained a 25' water line easement in the area is no longer needed. The applicant would like to shorten the easement so that a larger home can be built. Part of the old water line is still in the ground, and staff told the applicant that he will be responsible to move the line at his cost, as well as indemnifying the City from all harm.

Councilmember Almquist expressed concern about someone crawling into the abandoned line.

City Attorney Shawn Guzman replied that the City is not retaining any ownership of the easement, and all liability will go to the property owner.

Todd Jacobsen advised that the applicant may come back in the future requesting additional abandonment of the line, but for now it is just through the three lots.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED FINAL PLAT/RESOLUTION:
Public hearing to consider approval of the amended final plat for Serenity Hills Amended to combine Lots 16 and 17 and abandon the utility easement between the lots. Josh Bastian and Bush and Gudgell, applicants.

Todd Jacobsen presented the plat map and advised that the easement between Lots 16 and 17 needs to be abandoned so the lots can be combined. The JUC has approved the request. There is an existing house on Lot 16 and the applicant wants to combine the lots to improve the yard.

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 final plat and abandonment of the easement by resolution.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

St. George City Council Minutes
June 21, 2012
Page Six

PUBLIC HEARING/AMENDED FINAL PLAT/RESOLUTION:
Public hearing to consider approval of the amended final plat for The Cove at Sunbrook Amended to combine Lots 131 and 132. Matthew Baldwin and Premier Design and Engineering, applicants.

Todd Jacobsen explained this is a PD development so the common area between the two pads is considered a public utility easement. 100% of the consents from the owners in the subdivision have been obtained. The public hearing is for the easement abandonment in the common area. Lot 131 will be eliminated and the lots will be known as Lot 132.

Mayor McArthur opened the public hearing.

Herman Pine and Nancy Peterson advised their property abuts the property in question and they inquired what building restrictions would be imposed on the new home. They expressed concern that a two story home would be built, and they inquired about the grade and terracing.

Mayor McArthur replied that the applicants will have to follow the CC&Rs of the subdivision, but the City allows a structure up to 35' in height.

City Attorney Shawn Guzman advised that the City does not enforce CC&Rs but will enforce its own ordinance as far as height.

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

MOTION: A motion was made by Councilmember Almquist to approve the final plat and abandon the easement by resolution.
SECOND: The motion was seconded by Councilmember Hughes
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/FISCAL YEAR BUDGET/RESOLUTION:
Public hearing to receive public input on the 2012-2013 fiscal year budget.

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 budget by resolution.
SECOND: The motion was seconded by Councilmember Almquist.

City Manager Gary Esplin suggested that air monitoring equipment be included in the budget.

Councilmember Pike and Almquist agreed to include the air monitoring equipment in their motion and second.

City Manager Gary Esplin advised the amount of the air monitoring equipment will be $25,000.

VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION/RATE CHANGES:
Consider approval of a resolution adopting rate changes for electric, water and wastewater services.

City Manager Gary Esplin explained adoption of this resolution will authorize an average 8% rate increase in electric rates. The wastewater treatment monthly charge will be reduced by $6.60 and the water charge will be increased by $6.60.


St. George City Council Minutes
June 21, 2012
Page Seven

Mayor McArthur commented the charges in Water Services will be revenue neutral.

MOTION: A motion was made by Councilmember Almquist to approve the resolution.
SECOND: The motion was seconded by Councilmember Hughes.

City Attorney Shawn Guzman clarified that the electric rate increase as presented in the budget is an average, and not exact.

VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Councilmember Almquist advised that State law requires only one budget hearing, but the City holds two budget hearings. Advertisement of the budget hearings are posted on the Citys website and the budget is made available to anyone interested. All budget discussions have been open to the public.

PUBLIC HEARING/ANNEXATION ORDINANCE:
Public hearing to consider approval of an ordinance annexing the Tonaquint Addition, located in the western portion of the Citys future growth area generally between the Green Valley area to the north and the Bloomington area to the south, west of Dixie Drive at approximately 2000 South.

Bob Nicholson explained that adoption of the ordinance is the final step in the annexation process. It has been noticed and consists of 1,303 acres sitting between Bloomington on the south and Green Valley to the north. In 2010 the City adopted a General Plan amendment for this area. About half of the site is designated as Open Space because of the rocky hillside. He recommended a zoning designation of Mining and Grazing as a holding zone. When the owners are ready to develop they will come back for more permanent zoning.

City Manager Gary Esplin advised that it is still uncertain whether the County will accept this annexation because of the peninsula and island question. The City will maintain any roads within the annexed area. There are technical issues to work through but he felt hopeful they could be resolved.

Mayor McArthur opened the public hearing.

Burton Burgess commented that he did not think the City could close off that property.

Mayor McArthur replied that the City will maintain the roads and all access will remain as it is.

Burton Burgess commented he did not think the City could make an island of the area.

Mayor McArthur advised that the City will work with the County on this issue.

City Manager Gary Esplin inquired of Mr. Burgess if he was interested in annexing to the City.

Mr. Burgess replied that so far the City hasnt annexed him.

Mayor McArthur commented that if Mr. Burgess applies for annexation, the City will annex his property.

City Manager Gary Esplin commented the City does not want to force anyone in and all it is trying to do is react to the property owners request for annexation. If Mr. Burgess wants to join in the annexation, the City can certainly add his property to it. If the City cannot create an island, it will have to force the Burgesses and the Gublers in.

City Attorney Shawn Guzman advised that State law says that a peninsula cannot be created in an annexation, but there is already a peninsula there. Staff is trying to solve the problem and thinks it can be worked out. The City has to protect the services that currently exist, and it is doing that.

City Manager Gary Esplin recommended that the annexation be passed subject to acceptance by the County and meeting all applicable laws.

St. George City Council Minutes
June 21, 2012
Page Eight

Mayor McArthur invited Mr. Burgess to apply for annexation.

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

City Attorney Shawn Guzman advised that the County will have to sign off on the annexation. It is a catch 22, as there is already a situation that violates State law in the first place, and the City is trying to fix the problem.

Councilmember Hughes commented he agreed with the annexation as long as the City leaves out those who do not want to be annexed.

City Manager Gary Esplin advised it is the intent of the City to leave the farming operation the way it is.

MOTION: A motion to approve the annexation subject to the County accepting it was made by Councilmember Hughes.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Almquist - 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 17, 2012 City Council work meeting.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the May 17, 2012 regular City Council meeting.

MOTION: A motion was made by Councilmember Pike 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 Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the June 7, 2012 City Council meeting.

MOTION: A motion was made by Councilmember Hughes 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 Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
MOTION: A motion was made by Councilmember Almquist to adjourn to a Redevelopment Agency meeting.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote, as follows:

St. George City Council Minutes
June 21, 2012
Page Nine

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

The vote was unanimous and the motion carried.

The meeting adjourned directly from the RDA meeting.



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Gay Cragun, City Recorder