City Council Minutes

Thursday, November 15,2012



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 15, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jimmie Hughes
Councilmember Gail Bunker
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. He reminded the audience about the Red Rock Canyon School’s free Thanksgiving Day dinner for those in need, and advised that the Jubilee of Trees opened today. The pledge of allegiance to the flag was led by Scout Hunter Nelson. The invocation was offered by Pastor Jimi Kestin. Pastor Kestin reminded the Mayor and City Council about Prayer Over the City on New Year’s Day in the Tabernacle. Mayor McArthur invited several Scouts in the audience to introduce themselves. Mayor McArthur then reported on his recent trip to Ibigawa, Japan as part of the Marathon exchange group.

CHANGE ORDER:
Consider approval of a change order to the contract with Quality Excavation to add a pavilion, shade structures and landscaping to the Little Valley Pickleball Complex.

City Manager Gary Esplin explained that the pavilion and shade structures were held out of the Phase One bid documents in order to have the courts completed in time for the Senior Games. Staff now recommends approval of the change order to add these items back in.

Purchasing Manager Connie Hood advised the amount of the change order is $107,686.77.

MOTION: A motion was made by Councilmember Bunker to approve the change order.
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 a 2012 skid steer for the Water Department.

Purchasing Manager Connie Hood recommended award of the bid through a state contract with Clark Equipment. The contract will be transferred later on to a local dealer, H&E Equipment, who was just given the franchise. The amount of the bid is $55,699.

MOTION: A motion was made by Councilmember Hughes to award the bid as recommended.
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.



AWARD OF BID:
Consider award of bid for two 2013 Ford Interceptors for the Police Department.
St. George City Council Minutes
November 15, 2012
Page Two

Purchasing Manager Connie Hood explained that the low bid was submitted by Ken Garff Ford. However, the local dealer, St. George Ford, submitted a bid within 5% of the low bid and they have agreed to match the low bid. She recommended award of the bid to St. George Ford in the amount of $54,285.62 for both vehicles.

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

AWARD OF BID:
Consider award of bid for five 2013 police package equipped Dodge Chargers for the Police Department.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Hinckley Dodge, who was one of two bidders. The bid submitted by the local dealer, Stephen Wade, was not within 5% of the low bid. The amount of the low bid is $121,153.20.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
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.

BEER LICENSE AND LOCAL CONSENT:
Consider approval of beer license and local consent for a restaurant liquor license for the Rib & Chop House restaurant to be located at 1677 So. Convention Center Drive. Daniel Shrum, applicant.

City Manager Gary Esplin explained the restaurant will be located next to the Dixie Center. The application meets all requirements and staff recommends approval. Owners of the restaurant will close on the property within 30 days and they hope to open in June, 2013.

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

SET PUBLIC HEARINGS:
City Planner Ray Snyder advised that the Planning Commission recommends public hearings be scheduled for December 6, 2012 to consider (1) a zone change request from R-1-10 to PD-R to allow the construction of a parking structure and sport court on a 0.31 acre parcel at Pointe Vista Condos at 18808 West Canyon Drive; and (2) a zone change request from PD-R to PD-C on 1.89 acres and a zone change amendment to add “private hobby and storage garages” to the PD-C zone use list, located on Bluegrass Way northwest of the existing fire station.

MOTION: A motion was made by Councilmember Bunker to set the public hearings as recommended.
St. George City Council Minutes
November 15, 2012
Page Three

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 plats for Entrada at Snow Canyon - Chaco West Phase 2, a one lot single family subdivision located in the Entrada development, Estates at Hidden Valley Phase 6, a 20 lot single family subdivision located in the Hidden Valley development, Sun Valley Estates Phase 11, a 14 lot single family residential subdivision located at the west side of 3000 East at 3580 South, Sun River Phase 25, a 21 lot single family residential subdivision located in the Sun River development, and The Flats at South Point Phase 2, a 13 unit pad residential subdivision located on the north side of 450 North and south of Pine View High School. On the original Flats at South Point plat there was a spot in Phase 1 that was supposed to be improved with landscaping. The new owners want to put in a park, but this needs to be completed before recordation of the plat, or a bond posted.

MOTION: A motion was made by Councilmember Pike to approve the final plats and authorize the Mayor to sign them, subject to the conditions recommended by the Planning Commission, and including the condition that The Flats at South Point either post a bond or complete the park before recordation of the plat.
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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Villa Highlands at Hidden Valley to create 41 townhomes on 14.62 acres, for a density of 5.9 dwelling units per acre. Zoning is PD-R. The middle area of the plat was pulled out to make Phase 2 and it will come back for approval at a later date. This preliminary plat is just for the units along the exterior of the project. The interior roads will be private. Garages will be located on the back of the units. All of the units have two car garages, however, the garages for the units along the interior do not meet the square footage for two cars as required by City ordinance. The garages for these units count as only one covered parking. The developer has provided an additional parking stall for these units in close proximity to the units. Guest parking has also been provided. Most of the drainage from the site will be discharged to a nearby wash. There is also a master planned trail.

Councilmember Hughes commended City staff for finding an acceptable solution to problems raised at the Planning Commission meeting.

Mr. Jenkins advised that the Fire Department reviewed the plan and is comfortable with the location of the parking stalls with regard to emergency access. The layout of the project allows open access for emergency vehicles. He advised that there are still some details which have to be worked out with regard to the amenity area.

City Manager Gary Esplin advised that these details will be reviewed during the final plat approval process.

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

St. George City Council Minutes
November 15, 2012
Page Four

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Hidden Valley Open Space located south of Desert Hills High School on 82.29 acres. Zoning is PD-R. The owner is SITLA. There was an agreement with the property owner in 2006 that this area was shown as Open Space on the master plan and would be dedicated to the City. This is now being done. Topography of the site does not allow any building.
Councilmember Almquist commented that he hoped the drainage behind the park could come out onto SITLA property into a natural wash and they would not expect the City to improve the drainage.

Mr. Jenkins replied staff will look at this.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat.
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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Desert Canyons Xtreme Sports Park, a five lot commercial subdivision on 63.425 acres located north of the Southern Parkway and south of the new airport. Zoning is Resort Overlay and AV1. One lot is the MX track and one is the wakeboard park. The applicants want to subdivide the acreage into five commercial properties. The existing stub road roadway that provides access to Lots 1, 2 and 3 was originally designated as a private roadway. However, because Lots 4 and 5 will be flag lots, this private roadway will need to be brought up to City standards and dedicated as a public roadway. The staff roadway will be temporary until the master planned roadway along the west side of Lots 4 and 5 are constructed. Lots 4 and 5 will then have access off this public roadway. The 100 year floodplain extends through a majority of Lot 3 and no structures will be allowed within the 100 year floodplain until a LOMR is finalized through FEMA.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a residential facility for the elderly in a single family home at 74 North 660 West. Mr. and Mrs. Aaron Attig, applicants.

City Planner Ray Snyder explained the applicant is requesting a maximum of three elderly persons. Zoning is R-1-8. Residential facilities are allowed in single family zones under certain conditions. He displayed a zoning map. The bottom level of the home will be occupied by the owners and the street level floor will be occupied by the elderly. No structural changes will be made to the home. There will be no signage. The Planning Commission recommends approval subject to the following conditions: (1)A fire inspection is required prior to operation. The applicant shall comply with all Fire Department conditions such as the posting of fire escape routes, smoke alarms, etc. (2) the maximum number of elderly persons is set at three persons for this residential facility. The applicant advises the facility will not be occupied by any person who is being treated for alcoholism or drug abuse. All residents will reside there on a strictly voluntary basis. There were a few concerns expressed by neighbors at the Planning Commission meeting, but Mr. Snyder advised he felt they were resolved.



St. George City Council Minutes
November 15, 2012
Page Five

Mr. Attig, applicant, advised that all residents will be ambulatory and in relatively good health. They will be provided with cooking and laundry services. A state license is required, and this is the initial step in getting that license. The home will be inspected by the state.

MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit subject to the conditions outlines by the Planning Commission.
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.

PUBLIC HEARING/CDBG PROGRAM INPUT:
Public hearing regarding community needs and possible projects to be funded with federal Community Development Block Grant funds for program year 2013.

Bob Nicholson explained this public hearing kicks off the program year for 2013. He then reviewed the national objectives, eligibility, eligible activities, CDBG timeline for FY 2013, and who to contact with questions.

Mayor McArthur opened the public hearing.

Ed Baca commented that the program has been beneficial and it is in the best interests of those who benefitted from the program to continue it.

Jay Maxfield, Executive Director of the Dixie Care and Share, updated the Mayor and City Council on the services provided by the Dixie Care and Share and their needs. He requested help finding land to relocate the Care and Share shelter and food pantry.

Lynn Bjorkman with the NAMI organization seconded Mr. Maxfield’s request for help finding land to relocate the Care and Share. He also requested the City give a higher priority to helping the homeless.

Jolene Meredith advised she has been a mental health advocate and an advocate for the disabled for many years, and beds are needed for the homeless. The Dixie Care and Share needs to be moved and expanded for families.

Gabriel Meece advised he represents a LED light bulb company which has a low cost program for low to medium income households which can lower their overhead. The program includes retrofitting government buildings.

Jared Meece explained he has stayed in the Dixie Care and Share and has been homeless and knows what it feels like to not be able to find a place to stay and to be disabled.

Lynn Bjorkman explained that he has served on a mental health panel and there is a constant need for a facility to house those in mental health court.

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

City Manager Gary Esplin commented that the City has been working on this issue and has identified possible properties for this purpose. City staff met with the State, and will be meeting with Five County AOG and the Dixie Care and Share. The City is aware of the issues, is working to get transitional housing for the homeless, and will do what it can to help. However, there are not enough CDBG funds to solve all the issues.

PUBLIC HEARING/AMENDED FINAL PLAT/ORDINANCE:
Public hearig to consider approval of a 19 lot amended residential subdivision final plat for East Ridge Subdivision Phase 6. Warren Hannig, applicant.

Todd Jacobsen explained the purpose of the amendment is to amend Note #8 to read that Lots 1-3 and 16-19 are to be built as walk-out basements unless otherwise approved by the City based on a site plan that meets City standards, including but not limited to grading and setback standards. This amendment will allow the possibility of slab on grade for these lots, whereas before they were not allowed at all.

Councilmember Almquist expressed concern that the building of a retaining wall in order to build a slab on grade home would not be attractive from down below.

St. George City Council Minutes
November 15, 2012
Page Six

Mr. Jacobsen advised that each situation would be looked at individually.

Mayor McArthur opened the public hearing.

Larry Cuen advised that he is the prospective buyer of Lot 19 and plans on building a slab on grade home if he can do so without incurring additional cost.

Mayor McArthur advised Mr. Cuen to meet with staff.

Councilmember Bunker inquired of Mr. Cuen what he intended to do with the back of his property.

Mr. Cuen advised he intended to build a single story home, and by the time the setbacks are met, there will not be a large backyard.

Councilmember Bunker inquired of Mr. Cuen if he intended on building a retaining wall.

Mr. Cuen advised he has not gotten that far. However, after hearing the concerns of the City Council, perhaps he will use wrought iron. One of the reasons he purchased the lot was for its view and he would not want a wall to block his view nor be a blight for those below.

Ed Baca commented that aesthetics on the east ridge are important, and many of his neighbors were not aware this issue was being considered at this Council meeting. He suggested that homeowners be notified so that they can have input.

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

Councilmember Almquist commented that five to seven years ago a developer on the east ridge requested that he be able to take the lava excavated from utility work and line the entire ridge so that more slab on grade homes could be built. The lava rock is there, but it can’t really be seen unless looked for. The developer did a great job of constructing walls out of native rock. He suggested that Mr. Cuen present a plan that included use of native material with eonite coloring so that it could not be seen from down below.

MOTION: A motion was made by Councilmember Almquist to approve the final plat.
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/AMENDED FINAL PLAT/ORDINANCE:
Public hearing to consider approval of a 64 lot amended residential subdivision final plat for Stone Cliff Phase 10. Kay Traveller, applicant.

Todd Jacobsen explained the purpose for the plat amendment is to amend Note #10 to read that Lots 1002-1008, 1021, 1022, 1029-1034 are to be built as walkout basements only unless approved by the City based on a site plan that meets City standards, including but not limited to grading and setback standards.

Mayor McArthur opened the public hearing.

Gail Maxwell, representing the applicant, advised that only two lots are affected and will be single level homes. All other lots will remain the same.

City Manager Gary Esplin advised that the City received a letter from the Stone Cliff HOA who thought this amendment was to remove the requirement for sidewalks, indicating there are some areas in Stone Cliff where there are homes built without sidewalks.

Mr. Maxwell advised that they are addressing that issue now.

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

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

St. George City Council Minutes
November 15, 2012
Page Seven

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 Cima Energy LTD to manage the City’s capacity in the Kern River Pipeline (natural gas).

Energy Services Director Phil Solomon explained the City was successful in acquiring capacity in the Kern River pipeline which gives the City the right to move gas it has already purchased in Wyoming to St. George. Prior to acquiring that capacity the City was on an interruptible basis. The City is going to have to run its gas units more in the winter, and in the meantime having capacity means the City needs someone who can take it and market it when the City is not using it, and also schedule it for the City when it is needed. City staff does not have the capability to do this. Two proposals were evaluated - one from BP and one from Cima. Cima provided the best proposal. Once approved by the City Council, Cima will work with the City Attorney to finalize the agreement. He recommended approval of the agreement subject to review by the City Attorney.

MOTION: A motion was made by Councilmember Pike to approve the agreement subject to approval by the Legal Department.
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.

RESOLUTION:
Consider approval of a resolution of the City Council of the City of St. George, Washington County, Utah (the “City”), authorizing and approving the execution by the City of an amendment to Amended and Restated Sublease Agreement by and between Washington County, Utah (the “County”) and the City; approving the issuance and sale by Washington County/St. George Interlocal Agency, Washington County, Utah (“WCIA”), of its Lease Revenue Refunding Bonds, Series 2012 in the principal amount of approximately $16,480,000; authorizing the execution by the City of other documents required in connection therewith; appointing a pricing committee and authorizing said committee to enter into a bond purchase agreement and official statement; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; and related matters.

City Manager Gary Esplin explained this resolution will approve the remarketing and refunding of the Dixie Center and WCIA bonds. The City is 38% of the WCIA. This resolution will also approve the pricing committee who is made up of Denny Drake, Trevor Coombs, and himself. The pricing committee will work with the underwriter to secure the bonds. The WCIA is currently under a variable rate bond and in order to terminate this bond, the bank that holds the bond has to be bought out and the bonds refunded.

Jason Burningham explained that the primary motivation for refunding the bonds is to lock them into a fixed rate. The bonds will continue through 2022.

City Manager Gary Esplin stated the refunding will not change the length of time for the debt. Refunding the bonds will allow the WCIA to end up with more funds for improvements. Refunding will also allow the release of land for sale, land which was used as collateral.

MOTION: A motion was made by Councilmember Hughes to approve the 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

St. George City Council Minutes
November 15, 2012
Page Eight

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 November 1, 2012.

MOTION: A motion was made by Councilmember Bunker to approve the minutes as presented.
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.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Councilmember Almquist to adjourn to an executive session to discuss personnel, litigation and land sales.
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.

Councilmember Bunker was excused from the meeting.

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

Councilmember 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