City Council Minutes

Thursday, July 5,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 5, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Ben Nickle
Councilmember Gil Almquist
Councilmember Gail Bunker
Councilmember Jimmie Hughes
City Council Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Councilmember Jon Pike


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Life Scout Kaden Hardy, and the invocation was offered by Reverend Alex Wilkie. Mayor McArthur invited several Scouts in the audience to introduce themselves.

Jay Seegmiller, a candidate for the 2nd Congressional seat, introduced himself.

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

City Manager Gary Esplin advised that the City continues to finish the fiscal year stronger than anticipated and is in good shape.

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for rye grass seed.

City Manager Gary Esplin advised this bid is for the annual overseeding of the golf courses. The low bid was submitted by Helena.

MOTION: A motion was made by Councilmember Nickle to award the bid as recommended in the amount of $141,360.
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

The vote was unanimous and the motion carried.

Councilmember Hughes arrived.

AGREEMENT:
Consider approval of an agreement with Bush and Gudgell to perform construction management for the 1450 South roadway widening project.

City Manager Gary Esplin advised that at the last City Council meeting a bid was awarded for this section of road improvement to 3000 East.

MOTION: A motion was made by Councilmember Almquist to approve the agreement in the amount of $37,979.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:



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July 5, 2012
Page Two

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

LOCAL CONSENT:
Consider approval of local consent for a full service liquor license for Buca Di Beppo located at 1812 E. Red Cliffs Drive. Thomas Avallone, applicant.


City Manager Gary Esplin explained that Buca Di Beppo is moving into an existing restaurant site on Red Cliffs Drive. Staff has reviewed the application and everything is in order. He recommended approval.

MOTION: A motion was made by Councilmember Bunker to approve the local consent.
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 Hughes - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a Celebration of the Family festival at Worthen Park on October 27, 2012. Dove Center, applicant.

Katie Peterson, Executive Director of the Dove Center, advised this will be third year of the event. The purpose of the event is to help prevent violence and strengthen the family. Different agencies are brought together to share information on strengthening families. Everything is free. She requested waiver of the $350.00 fee. She advised that last year they had 26 booths and over 350 attendees. The event will be held from 11:00 a.m. to 2:00 p.m.

MOTION: A motion was made by Councilmember Bunker to approve waiver of the fees.
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 Hughes - aye

The vote was unanimous and the motion carried.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Councilmember Bunker.
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 Hughes - aye
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July 5, 2012
Page Three

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from M-2 to M-1 on 1.31 acres located at 177 North 3050 East on a portion of Lot 20 in the Millcreek Industrial Park. Travis Parry, applicant.

Bob Nicholson presented a map of the area. He advised that the M-2 zone is much more restrictive than the M-1 zone. He provided a list of neighborhood-friendly uses and a site map. He explained the property behind the subject site is the balance of Lot 20 which is owned by the City and planned for a park. He presented a site plan of the property and explained the reason for the zone change request is to have a broader range of uses in order to lease the property. The M-2 zone allows manufacturing, warehousing or distribution. The Millcreek Industrial Park was platted and developed in the early 1980s as a job creation center and has served the City well in creating jobs. In more recent years the Ft. Pierce Industrial Park and the Gateway in Hurricane have become the newer job creation areas, more so than Millcreek. Concern was expressed at the Planning Commission meeting by members of the Palms RV Park about the rezone and what zone is really the most neighborhood friendly. The M-1 zone does have uses that are neighborhood friendly, but at the same time it has more potentially unfriendly uses. The Planning Commission recommended approval of the zone change on a five to one vote.

Councilmember Hughes advised that the concern of the residents of the Palms RV Park was that they didnt want Cabinetec to come back, but it is already an approved use.

Mr. Nicholson advised the concern in the past has been about the noise from truss companies operating late into the night.

Mayor McArthur commented that some of the allowed uses in the M-1 zone do not work next to a neighborhood.

Rod Savage advised that he is part of the group that owns the property. Concerns of residents were restricted only to manufacturing, and he did not feel that is the best use for the property. He advised that they would like to attract a more retail clientele with regular business hours, and this property is the only property zoned M-2 in the subdivision. He stated they did not want to do anything to devalue the property, and most of the objectionable uses in the M-1 zone would devalue the property. Their desire for the M-1 zone is to allow for more flexibility to attract a more desirable tenant. They have a possible tenant, a publicly traded company, who will clean up the landscaping and appearance of the building and make it more desirable. He stated that he lives in the community and is not going to do anything that offends anyone, and they will not do some of the things that are permitted in the M-2 zone now. The possible tenant is a retailer of landscaping supplies.

Mayor McArthur inquired of Mr. Savage if there was a possibility of postponing this zoning decision so that he could come back with a Manufacturing PD zone with a list of allowed uses and doing away with some that are objectionable.

Mr. Savage replied that he would agree to that only as a last resort, as the negotiations with the possible tenant are time sensitive. Their desire is for M-1 zoning. He stated they will be good stewards.

Councilmember Almquise commented that a new owner or tenant might want to enlarge the building. He commented that the M-1 zone does not allow outside storage. He inquired of Mr. Savage if they would comply with all other provisions of the Citys ordinance.

Mr. Savage replied that they would comply with all ordinances, and that the size of the lot poses restrictions to many of these concerns. He stated that eventually a better use of the property may be to remove the building and put in something else.

Councilmember Almquist commented he did not feel this process should be further delayed. There are five times more permitted uses in the M-1 zone than in the M-2 zone. He stated that the list of permitted uses should be looked at, and while this is a single piece of property, there may be many more requests.

Mayor McArthur advised that the M-1 zone allows a salvage yard, and this use would not work on the property in question. Further, while the applicant may not put in a salvage yard, if the property is rezoned to M-1, a future owner could. If the uses were limited, and the zone made a PD zone, the neighbors would have some surety that things like this could never go on this property.



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July 5, 2012
Page Four

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

Councilmember Hughes commented that most of the discussion at the Planning Commission meeting centered around what has already been approved in the M-2 zone - the truss plant, and Cabinetec. The zone was created for manufacturing. While he agrees that a few uses in the M-1 zone might be bad, the noise complaints were from the truss plant operating 24/7. Perhaps the City should look at what it wants to do in the entire area, because the market is changing and there may be many more similar requests. He stated he would like to see the City Council do something for the property owner so he can move forward.

Mayor McArthur inquired if the City Council wanted to enlarge the uses, or enlarge the uses with restrictions.

Councilmember Bunker inquired if the City could legally suggest a Manufacturing PD zone.

Mr. Nicholson replied that the City currently has a small Manufacturing PD zone in the old industrial park. The ordinance accommodates a PD zone with manufacturing-related uses.

City Attorney Shawn Guzman advised that setbacks in the PD zones would apply.

Mr. Nicholson advised that PD setbacks are 25'. The Millcreek Industrial Parks CC&Rs expired after 20 years, and they required 60' setbacks.

City Attorney Shawn Guzman commented that a precedent has been set, so his opinion is that a PD Manufacturing zone is possible.

Councilmember Bunker commented she felt a PD Manufacturing zone is the only way to go, as she felt changing a zone forever presents a dilemma as no one knows what will be there in 20 years if the property is sold.

City Manager Gary Esplin advised that a PD zone requires elevations and renderings.

City Attorney Shawn Guzman commented that what is presented today would be the PD zone and uses listed.

City Manager Gary Esplin commented that he was not sure what would be gained by doing a PD zone as the applicant may be giving up some uses that are now permitted. The question is whether M-2 is the correct zone in that area. There is a reason it was changed from a M-1 zone. This property is surrounded by M-2 uses and residential.

Mayor McArthur replied that the intention is not to take away uses; just to take out M-1 uses that are offensive.

City Manager Gary Esplin advised that the manufacturing uses were there first, before the residential uses. He stated that the entire zone should be looked at, but that discussion is larger than just this one parcel of property.

Councilmember Almquist commented this would be a good discussion for a future work meeting.

MOTION: A motion to approve the zone change subject to the recommendations of the Planning Commission 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 - no
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Hughes - aye

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to R-1ot-12 on 9.03 acres located generally at 2350 East and Equestrian Drive in the Little Valley area. Knolls Group, LC, applicant.

City Planner Craig Harvey presented the existing zoning map. The General Plan designates the site as Low Density Residential, one to four units per acre. Adjoining


St. George City Council Minutes
July 5, 2012
Page Five

zones are A-1 and R-1-12. The Planning Commission recommends approval on a five to one vote.

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 zone change.
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 Hughes - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council meeting held June 14,
2012.

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 Hughes - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the City Council meeting held June 21, 2012.

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

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Councilmember Nickle.
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 Hughes - aye

The vote was unanimous and the motion carried.




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Gay Cragun, City Recorder