City Council Minutes

Thursday, November 1,2012



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

PRESENT:
Mayor Pro Tem Gail Bunker
Councilmember Ben Nickle
Councilmember Jon Pike
Councilmember Jimmie Hughes
Councilmember Gil Almquist
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
City Manager Gary Esplin


OPENING:
Mayor Pro Tem Bunker called the meeting to order and welcomed all in attendance. She then led the pledge of allegiance to the flag. The invocation was offered by Councilmember Almquist.

Mayor Pro Tem Bunker read a certificate of appreciation from the Youth Crisis Center for the City’s contribution.

Mayor Pro Tem Bunker read a proclamation proclaiming November 17 as National Adoption Day in the City, after which she presented it to Debbie Hofheins. Ms. Hofheins, two representatives from Premiere Adoption, and one representative from West Ends Adoption introduced themselves and invited the Mayor and City Council and the public to attend an adoption event on November 17 from 10:00 a.m. to noon at Worthen Park.

ORDINANCE:
Consider approval of an ordinance regulating the sale of tobacco products, tobacco paraphernalia, and the operation and licensing of retail tobacco specialty businesses.

City Attorney Shawn Guzman explained this matter was discussed in the last work meeting. A new state law requires cities to adopt an ordinance regarding retail tobacco specialty businesses. This proposed ordinance is set up so that those currently operating can remain in operation, but no new businesses which fall under the definition of retail tobacco specialty business will be permitted. The ordinance also provides for the sale of tobacco at certain businesses, as discussed last week.

Councilmember Pike inquired about another type of related store, called a vapor store, which sells electronic cigarettes. He stated he understood this would also be prohibited.

Mr. Guzman replied that this type of store would be regulated by this proposed ordinance.

Councilmember Almquist inquired about regulation of those businesses which operate strictly as a middleman and are only warehousing and do not have a storefront.

Mr. Guzman replied that if they are not selling, they are not violating the ordinance.
Councilmember Almquist commented that they are manufacturing it and redistributing it through the mail. He stated he was referring to spice.

Mr. Guzman replied he was not aware of any businesses doing that with tobacco. He advised that spice is already illegal under state law, and there is a task force to address this issue. Illegal substances will continue to be illegal, and the police and prosecution will be aggressive with regard to illegal substances.

MOTION: A motion was made by Councilmember Pike to approve the ordinance.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.


St. George City Council Minutes
November 1, 2012
Page Two

RESOLUTION:
Consider approval of a resolution adopting energy service rate schedules.

City Attorney Shawn Guzman advised that this issue was also discussed in the work meeting last week.

Finance Director Phil Peterson explained that the definition of how a small general and large general service gets classified was based strictly upon demand. The City is now amending this based upon some of the discrepancies that came out with the last rate adjustment. The definition of a large commercial has been changed to kW useage of over 10,000 a month or a demand of over 50. Either one will qualify as a large commercial account. If not, then it is a small commercial. This change will be effective as of July 1 so there will be adjustments for those billed under the old schedule.

Councilmember Almquist commented it is important to note that the City is not trying to make money on power generation and sales. This new rate schedule is very thin and allows the City to operate in the black without asking too much of customers.

Mr. Peterson commented that the City has always worked on the premise that its customers are its stockholders. The City still has some of the lowest rates there is. The City’s philosophy has changed with regard to the rate structure. Previously all rates were based on a declining rate structure. This however does not make sense as the more power the City has to buy the more money it has to pay. The philosophy is now to use an inclining rate so that those who use more power are going to pay for it, and those who are in the lower tiers will pay the lower rates.

Councilmember Hughes commented that the City is not changing its rate schedule, but is just changing the language for a large and small commercial user.

City Attorney Shawn Guzman advised that the majority of the bills will now be lower and will be retroactive.

Councilmember Hughes commented it was rewarding to learn more about power, and when there was a little glitch, staff jumped on it and worked through it to find a solution to help the businesses affected. He commended staff.

MOTION: A motion was made by Councilmember Hughes to approve the resolution.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution accepting the annexation petition/boundary line adjustment with Santa Clara City for 2.489 acres in the area near Entrada. Heritage Holding Corporation, applicant.

Bob Nicholson explained that this resolution is the first step in the annexation process. A public hearing will be scheduled in the future for approval of the annexation. He presented a map of the annexation site and advised that this annexation request is going to Santa Clara and St. George at the same time for this adjustment. The applicant would like to bring 2.5 acres into the City of St. George from Santa Clara City, primarily because St. George has utilities in the area and Santa Clara does not.

MOTION: A motion was made by Councilmember Almquist to accept the annexation petition.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

St. George City Council Minutes
November 1, 2012
Page Three

ROAD CLOSURES:
Consider approval of a road closure for the Red Rocks Invitational Marching Band competition on 800 East from 400 to 600 South Street. Dan Adams, applicant.

and

Consider approval of a road closure for the Music For All marching band competition on Desert Hills Drive from Brigham Road to 890 East. Dan Adams, applicant.

Dan Adams, applicant, explained that he has been involved with marching bands for 30 years and is the general coordinator for the Red Rocks Invitational Marching Band Competition, sponsored by the Utah Music Educators Association. It will be held at Dixie State College on Friday, November 2 from 10:00 a.m. to 9:00 p.m., with more than 3,000 student performers. The second event will be held at Desert Hills High School and is sponsored by Bands of America. This is a western regional championship. The events will have a major financial benefit on hotels and businesses in the City. He invited the Mayor and City Council to see some of the best high school bands in the west.

City Attorney Shawn Guzman advised that both road closures have been reviewed and approval is recommended by Bill Swensen and the City Manager.

Mr. Adams explained the reason for the road closures is for parking of the buses.

Support Services Manager Marc Mortensen advised that at the request of the local Tourism Office and Bands of America, the City has volunteered use of its bleachers to be used at Desert Hills High School for additional seating capacity.

MOTION: A motion was made by Councilmember Almquist to approve the road closures.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Mayor Pro Tem 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 plats for Silkwood Phases 5 and 6. Phase 5 consists of seven lots. Half of the Crimson Ridge Road width will be dedicated. Phase 6 contains 17 lots. Zoning for both is R-1-10. Along with approval of the final plats, staff has been working with Quality Development on an amended development agreement.

City Attorney Shawn Guzman explained the amended development agreement deals with park donation. The City worked with the applicant to enlarge the park for the public to use. There are also upgrades to existing landscaping, and the City has been working with them on a mechanism to collect money to pay for roadside landscaping.

MOTION: A motion was made by Councilmember Pike to approve the final plats, and the amended development agreement, and authorize the Mayor to sign the plats.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

ACCEPT DONATION:
Accept donation of a pioneer rock house.

Mayor Pro Tem Bunker advised that Wes Davis of Red Viking Holdings would like to donate a pioneer-built rock home to the City. The Leisure Services Department would deconstruct it and transport it to Seegmiller Farm Park and reconstruct it. It will be used to house historic exhibits related to pioneer agriculture.

St. George City Council Minutes
November 1, 2012
Page Four

Laura Taylor advised that the rock house currently sits on Sullivan property in the Little Valley area. The site was originally homesteaded by the Crosby family, and the Sullivans purchases the farm from the Crosbys. The rock house has had various uses over the years but the most recent use was as a pheasant coop.

MOTION: A motion was made by Councilmember Almquist to accept the donation with thanks.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Mayor Pro Tem 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 a professional services agreement with Campbell & Associates for architectural plans and construction management of the Tech Services space, DEA and Drug Task Force space, and improving the roof and access of the Sally Port at the east annex building.

Support Services Manager Marc Mortensen explained the City has been working with Kim Campbell and the Police Department on this. Approval of the agreement will allow the City to proceed with the design, after which the project will be bid and the construction overseen by Campbell & Associates.

City Attorney Shawn Guzman explained that as part of the settlement for flooding of the building, the City received $210,000 compensation, and this will be helpful in the construction.

Mr. Mortensen advised the project will consist of the three elements - architectural plans and construction management of the Tech Services space, DEA and Drug Task Force space, and improving the roof and access of the Sally Port. Anything else will be bid out as an alternate.

MOTION: A motion was made by Councilmember Pike to approve the agreement in the amount of $46,000.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Mayor Pro Tem 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 the Supplemental Development Agreement between the City and DH Sunwest, LLC for Bridle Gate Estates.

City Attorney Shawn Guzman explained that the plat was approved at the last meeting. This amendment to agreement addresses the equestrian facility and cleans up language between the former development agreement and the new development agreement.

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

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Mayor Pro Tem Bunker invited a Scout in the audience to introduce himself.


St. George City Council Minutes
November 1, 2012
Page Five

LEASE EXTENSION:
Consider approval of a lease extension between the City and Hangar #1 (Lynn Ginnocchio).

City Attorney Shawn Guzman explained the current operator involved in this lease is Fed Ex and they have requested more time on the lease in order to acquire space in St. George. They are asking for an extension until August 31, 2013. The extension will be on the same terms as before, but the lease rate will increase from $300 a month to $600 a month.

MOTION: A motion was made by Councilmember Hughes to approve the lease extension.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Councilmember Almquist commented that any further extensions should be at the same rate as what they would be paying at the new airport.

AMENDMENT TO AGREEMENT:
Consider approval of an amendment to the Master Agreement for Development by and between the City of St. George and Family Dollar.

City Attorney Shawn Guzman advised that lengthy negotiations have been held with Family Dollar. At the last City Council meeting a small portion of a stub road was abandoned, and this agreement provides for participation in the construction of roadway there. All three parties will participate in construction of the road. The City’s portion is $20,000. The City Manager recommends approval.

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

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
Appointments to boards and commissions of the City.

Mayor Pro Tem Bunker advised that Mayor McArthur recommends the appointment of Linda Sappington to the Art Museum Board for a term of two years.

MOTION: A motion was made by Councilmember Pike to appoint Linda Sappington to the Art Museum Board for a term of two years.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Mayor Pro Tem 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 City Council meeting held October 25, 2012.

MOTION: A motion was made by Councilmember Hughes to approve the minutes as presented.
SECOND: The motion was seconded by Councilmember Nickle.

St. George City Council Minutes
November 1, 2012
Page Six

VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map for approximately 15 acres located on three corners of the future intersection of 3000 East and Crimson Ridge Drive by changing the land use designation from Commercial to Low Density Residential. Southeast Quarter LLC and Development Sol, applicants.
City Planner Craig Harvey explained the applicant is designating three future neighborhood parks in lieu of the park site it originally had. The original plan also had commercial development on all four corners of this site. The proposal is to remove the commercial designation from three corners and replace it with low density residential, and leave one corner as commercial. He presented an overview map of the site. One of the parks will be in Silkwood, another will be near Banded Hills Drive, and one will be located farther east off of Crimson Ridge Drive. The General Plan is a guideline and the City uses it to direct zoning decisions. Removing commercial from three corners still meets the intent to have commercial. The residential density in the area has been decreased, thereby lessening the need for as much commercial. Five acres of commercial will still remain on one corner, as well as other commercial sites designated every mile in the area.

Stacy Young, representing the applicant, explained that they down-zoned property to low density residential, from 400 units to 100 units. Build- out of the entire area went from 2000 homes to 1100 homes. Additionally, with bigger lots there is not as much need for a large community park. The parks have now been dispersed as neighborhood parks.

Mayor Pro Tem Bunker opened the public hearing. There being no public comment, she closed the public hearing.

MOTION: A motion was made by Councilmember Pike to approve the general plan amendment as requested by ordinance.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RE-12.5 (Residential Estates 12,500 sq. ft. minimum lot size) to Commercial C-2 on 1.68 acres located at approximately 1690 East Red Hills Parkway. Kevin Wilkinson, applicant.

Bob Nicholson explained the subject area is located east of the former Twin Lakes Golf Course on the corner of Red Hills Parkway and 1700 East. The General Plan designates the site as future commercial. The site includes an existing single family home in the northeast part of the property, as well as another home which is not part of the zone change request. There is C-2 zoning to the east along Red Hills Parkway. The applicant wants to develop a Motozoo dealership. The Planning Commission recommends approval.

Kevin Wilkinson, applicant, advised it is Motozoo’s intention to have two dealerships - one on the west side of town and one on the east side of town. This is a great opportunity to have a new building at the entrance to the City, and Motozoo will build a quality facility there.

Councilmember Almquist inquired about the status of the billboard there.

Mr. Wilkinson replied that it will go with the property, and the intentions are to leave it there.


St. George City Council Minutes
November 1, 2012
Page Seven

Councilmember Almquist inquired if there were plans to raise it.


City Attorney Shawn Guzman advised that it could not be raised unless allowed by ordinance. He stated there is usually an agreement between the billboard owner and the property owner not to do anything to block the billboard.

Mr. Wilkinson advised that the building will be set as far back as possible on the property with parking in the front.

Councilmember Almquist commented there is a requirement in a commercial zone to have landscaping and street trees. He stated that trees cause an inevitable problem once they are large enough to block the billboard, and this issue is better addressed now.

Mr. Wilkinson advised they are meeting with Yesco, the sign owner.

Mayor Pro Tem Bunker inquired if the applicant is working with the homeowner.

Mr. Wilkinson replied that they have a signed document from the homeowner that he is OK with the zone change.


Mayor Pro Tem Bunker opened the public hearing. There being no public comment, she closed the public hearing.

MOTION: A motion was made by Councilmember Nickle to approve the zone change by ordinance.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Planned Development Residential to Commercial C-2 on 12.21 acres for Desert Canyons Town Center South located on the south side of Exit 6 at the Southern Parkway and Desert Canyons Parkway. Quality Development, applicant.

City Planner Craig Harvey explained that the applicant is proposing to expand their commercial area and they feel that residential does not belong in this area. He displayed a map of the site. Residential zoning is not compatible with airport uses, and commercial is more compatible with the nearby interchange. The Planning Commission recommends approval.

Ken Miller with Desert Canyons advised that they are trying to follow the existing topography and consolidate C-2 areas around the interchange.

Mayor Pro Tem Bunker opened the public hearing. There being no public comment, she 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 Nickle.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

St. George City Council Minutes
November 1, 2012
Page Eight

Mayor Pro Tem Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.




________________________________
Gay Cragun, City Recorder