City Council Minutes

Thursday, December 6,2012



ST. GEORGE CITY COUNCIL MINUTES
DECEMBER 6, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Jimmie Hughes
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Christina Fernandez

EXCUSED:
Councilmember Ben Nickle

OPENING:
Mayor Mc Arthur called the meeting to order and welcomed all in attendance. He advised that Councilmember Nickle was out sick and Councilmember Hughes was going to be late. The invocation was offered by Reverend Alex Wilkie. The pledge of allegiance to the flag was led by Councilmember Bunker. Mayor McArthur invited several students in the audience to introduce themselves.

CONSIDER APPROVAL OF FINANCIAL STATEMENT:
Consider approval of the financial statement for October, 2012.

Councilmember Bunker inquired why the fire impact fee was greater than in previous years.

City Manager Gary Esplin explained that building permits are up and new State law allows the City to have commercial impacts to facilitate purchase of larger fire trucks.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

HANGER LEASE:
Consider approval of a hangar lease with Clear Line Aviation, LLC.

Consider approval of a hangar lease with Myron Porter.

City Manager Gary Esplin advised this request meets all requirements of the City.

Mayor McArthur stated the leases are standard leases.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

Councilmember Almquist inquired how many possible leases are left.

City Manager Gary Esplin stated he did not know, but he would research the number.

Mayor McArthur invited several students in the audience to introduce themselves.

AWARD OF BID:
Consider award of bid for a Terex PT-100G Forestry Package Compact Track Loader for the Streets Division.

Mayor McArthur commented the Streets Division was removing a lot of tamarisk and needs a new loader and this item is included in current budget year.
MOTION: A motion was made by Councilmember Bunker to award the bid as recommended.
St. George City Council Minutes
December 6, 2012
Page Two

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Authorize use of Verizon Wireless for wireless service per the State of Utah WSCA contract #MA152.

Purchasing Manager Connie Hood explained the City currently has services with Sprint and is moving a portion of the services to Verizon. The City will continue to utilize Sprint for cellular phones.

Mayor McArthur stated switching services will save the Police Department approximately $1600.00 per month.

MOTION: A motion was made by Councilmember Almquist to approve 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 Pike - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider approval to purchase parts to repair the fuel nozzles on the Millcreek Generation Facility #1.

Purchasing Manager Connie Hood advised the request is a sole source bid with GE in the amount of $295,961.50.

Councilmember Pike inquired if this would be an ongoing cost to maintain the turbines.

Ms. Hood replied it would be.

MOTION: A motion was made by Councilmember Pike to approve bid as recommended.
SECOND: The motion was seconded by Councilmember Bunker.

Councilmember Almquist asked if the nozzles were worn out and how often is Millcreek fired up.

City Manager Gary Esplin stated that although the facility is used quite often in the summer, he could not give exact hours. Other items in the generation budget will be delayed to allow for the purchase of these parts.

Councilmember Almquist stated he is trying to be frugal. Since a lot of money will be spent on the parts, he would like to know the life expectancy of them.

City Manager Gary Esplin stated staff could get that answer and report back to Council.

Mayor McArthur pointed out that the City will have to hold up other expenditures but having this will potentially save the City millions of dollars.

Councilmember Almquist stated he understands new nozzles are needed however, he would like to have an idea how long they will last.

City Manager Gary Esplin stated staff will make sure to obtain information on the life expectancy as these nozzles are absolutely necessary.

Ms. Hood explained she had en email which states the cost reflects a 20 percent discount.

VOTE: Mayor McArthur called for a vote, as follows:
St. George City Council Minutes
December 6, 2012
Page Three

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an engineering services agreement with Rosenberg Associates for design and construction of river armoring on the Santa Clara River in the Sunbrook Golf course area.

Consider approval of a professional services agreement with Rosenberg Associates for the design, engineering, permitting and construction management services for the Millcreek Generation Facility Hazard Mitigation Grant Program Erosion Protection Project.

Purchasing Manager Connie Hood advised the request is for the City’s portion for the design and construction management services for the Sunbrook Golf/Monterey Subdivision HMGP in the amount of $51,425.00.

City Manager Gary Esplin explained after an emergency is declared in the State, the funds spent in the State go to a fund for mitigation which is administered by the State with approval from FEMA. In certain situations agencies can apply for a mitigation grant. The City applied for mitigation efforts at Sunbrook to protect the homes that are adjacent to the number one hole at Black Rock and have also applied for a mitigation grant to do some improvements adjacent to the Millcreek Generation Plant to protect the facility from erosion from the Virgin River. The grants were awarded and Rick Rosenberg is working to complete the design.

Mayor McArthur gave kudos to the City’s financial team.

Councilmember Almquist inquired what the City’s match was.

Councilmember Pike stated the match was $12,856.00 on this contract.

City Manager Gary Esplin stated that amount is correct and will be paid out of two funds, the electric generation fund and the flood fund generated by the utility fees.

Councilmember Bunker asked if that amount is what needs to be approved and why was the $51,425.00 on the agenda.

City Manager Gary Esplin explained that although the cost of the total project is $357,057.00 the City’s portion is $12,856.00. He asked Rick Rosenberg to confirm.

Mr. Rosenberg stated the City’s portion is the 25 percent.

City Manager Gary Esplin stated his understanding is that the City is responsible for 25 percent of the FEMA project.

MOTION: A motion was made by Councilmember Bunker to approve bid as recommended in the amount of $12,856.00.
SECOND: The motion was seconded by Councilmember Almquist.

Councilmember Almquist inquired if this agreement is for design work only.

Ms. Hood explained the agreement is for construction management and design.
Councilmember Almquist asked Mr. Rosenberg if the design would be similar to that of the turn near the bridge in the area between Southgate Golf Course and Tonaquint Park. He also inquired about the armoring and whether it will remain at the current river depth.

Mr. Rosenberg stated the design would be similar and that the armoring is approximately 8 feet in the ground from where the slope changes.

Councilmember Almquist inquired if the design is similar to the redesign of the sewer near the Virgin River. He asked if the channel is eroding or staying about the same and if 8 feet was sufficient.



St. George City Council Minutes
December 6, 2012
Page Four

Mr. Rosenberg stated the channel fluctuates. He explained the Santa Clara River is a sand bed river and as it floods, sediment moves through the river system. The 8 foot depth is about as deep as it could be.

Councilmember Almquist asked if vertical gabian baskets will be used in the design.

Mr. Rosenberg answered yes, the design includes gabian baskets as well as enclosed rock.

Councilmember Almquist inquired if gabian baskets will also be used in the up slope protection area.

Mr. Rosenberg explained a thinner basket called a reno mattress will be used on the slope and has NRCS riprap underneath.

Councilmember Almquist stated that design is similar to what was put in at Zion National Park 50 years ago.

Mr. Rosenberg stated he has seen gabian walls in the Virgin River as well.

Councilmember Almquist inquired if the same design will be used at Millcreek.

Mr. Rosenberg stated Millcreek is only a rock riprap. He explained gabian baskets are mitigation upgrades. When FEMA comes in to do a repair, and the funds are available gabian baskets are used. All of the Santa Clara projects were done using gabian baskets, however the Virgin River project did not use them except in critical areas near homes and trails. The Millcreek project will use a similar MRCS design.

Councilmember Almquist asked what size of rock will be used.

Mr. Rosenberg stated the rock will be a D50 of 24 inch so it has rock from 40 inches to a foot in the gradation.

Councilmember Hughes arrived.

Mr. Rosenberg explained the slope is prepared using filter cloth so that soil does not migrate through the fabric and rock.

Councilmember Almquist inquired if the design could include a segment of approximately 30 feet to include large rock near where the Virgin River meets the wall.

Mr. Rosenberg stated in order to keep the flow from getting behind the wall, the rock in turned perpendicular to the bank and large rock is used on the bottom.

Councilmember Almquist stated the river can move rocks no matter the size. He asked City Manager Gary Esplin if the City owned the large lava rocks that are just off Riverside Drive.

Mayor McArthur stated the rocks were located on the former Gary Pierce property.

City Manager Gary Esplin stated the City does own the rock.

Councilmember Almquist asked Mr. Rosenberg if those rocks would be used.

Mr. Rosenberg explained that while large rock provides great protection small rock is needed to fill in gaps.

City Manager Gary Esplin clarified there are two contracts. The costs listed on the agenda are for the total cost of the project, Millcreek at $63,770 and Sunbrook at $51,425. Although the Council has approved the City’s match of 25 percent, the entire contract has to be approved.

Mayor McArthur stated Councilmember Bunker will need to change her motion to the correct amount and that both contracts can be included.

Councilmember Bunker inquired if the motion could be changed to the correct amount.

City Manager Gary Esplin explained the Council needs to approve the two mitigation HMGP grant projects to Rosenberg for the stipulated amounts including the City’s 25 percent match.


St. George City Council Minutes
December 6, 2012
Page Five

AMENDED MOTION: A motion was made by Councilmember Bunker to amend the motion to reflect the entire amount including the City’s 25 percent on both items.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

STAFF REPORT:
Presentation of the annual fiscal year audit.

Steve Palmer with Hinton Burdock who has assisted with the City audit for approximately 10 years formally announced a successful completion. As in all previous audits, the City has been issued an unqualified audit and in their opinion, all of the City’s financial statements are materially correct. In addition, they have issued an unqualified opinion on the City’s compliance with federal and state requirements. He explained when an audit if found unqualified, that means there are no issues. He stated the financial statements will be sent to the State of Utah as well as the Federal Audit Clearing House. He thanked the City’s finance personnel and Council for allowing them to be of service to the City.

Mayor McArthur stated he appreciated the City’s financial team.

Councilmember Bunker commented she appreciates the audit. It is rewarding to have a clean bill of health for the City.

LIQUOR LICENSE:
Consider approval of a club liquor license for the St. George Dixie Elks at 630 West 1250 North. Thomas Franklin Auffhammer, applicant.

Mayor McArthur advised that the request is not for a new license just a change of license holder.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider a request for waiver of a special event fee for a radio control flying event. Darrel Jensen, St. George War Birds, applicant.

Business License Specialist Shiloh Kirkland advised there will be 2 events held near the Wastewater Treatment Plant on February 21-24, 2013 and October 18-19, 2013.

Mayor McArthur stated last year Council talked about approving an entire year. The property being used is next to BLM.

Councilmember Almquist stated this event has never caused issues in the past and will have sufficient parking.

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

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

St. George City Council Minutes
December 6, 2012
Page Six

The vote was unanimous and the motion carried.

City Manager Gary Esplin explained the only issue has been with RV parking overnight. The City will monitor that and will work with the individuals.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a zip line. Bryce Payne, applicant.

City Manager Gary Esplin advised the permit was approved last year. Since this is a deviation from normal business, staff felt like the request needed to go before Council. He asked the applicant to make his presentation.

Bryce Payne, applicant, explained the zip line was in place in April and May of this year and has been taken to various large events around the country. He would like to continue to bring the zip line to the City during gaps in their schedule, however it is cost prohibitive because of the fees. He would like to find a way to alleviate a portion of the fees by getting a fee waiver or reduction. The cost to run the zip line is approximately $6,000 for the event fee and $3,000 for taxes. He stated Washington City has a permit fee of $50.

Councilmember Bunker inquired how long the event would last.

Mr. Payne stated he would like to have the zip line in place from now until February 8, 2013.

Councilmember Bunker commented the zip line seems like so much fun on property that does not have much use. She inquired if there was another category this would fit rather than a special event.

City Manager Gary Esplin responded there was not another category.

Mr. Payne stated the zip line has received incredible reviews and they were asked to bring it back again; however, they lost money the last time.

City Manager Gary Esplin explained the Council can deal with fees. The business does not have a location, nor does it have property taxes like a normal business. Fees can be approved each year at whatever amount Council sees fit, however, Council cannot approve the zip line to return every year, the request needs to reviewed each year. He stated a special category can be set to change the fee to an annual fee. Under the existing ordinance, since this type of business is a transient, it can only fit into this category and is limited to hold so many events per year.

Mayor McArthur inquired if Council could approve the request to get the applicant started and revisit the fee issues after some research.

City Manager Gary Esplin stated he believes that can be done, however by the time a study is done the event will be over. In the past the City charged the applicant $75 per day. Council can set a different amount.

Mayor McArthur asked the applicant about the fee in Washington City.

Mr. Payne stated Washington City charges a one time special event fee of $50.

City Attorney Shawn Guzman arrived.

Councilmember Hughes asked the applicant what he would like to see be done regarding fees and when the event can take place.

Mr. Payne explained to be cost effective, the zip line needs to be in place for a couple of months. Currently, the standard fee is $150, last time they were here Council reduced the fee to $75 per day, which is still cost prohibitive. He would like a fee waiver or a set flat amount.

Mayor McArthur inquired how much the applicant had to pay last year.

Mr. Payne replied they paid $3,000.

Councilmember Bunker stated she would like to see a set fee if possible. The City does not receive anything from the property and does not have to do much other than have the Police Department monitor the area.

St. George City Council Minutes
December 6, 2012
Page Seven

Mr. Payne explained they set up the zip line and they have insurance.

Ms. Kirkland stated Mr. Payne would like to pay the fee on a weekly basis.

The consensus of the Council is that would be fine

MOTION: A motion was made by Councilmember Bunker to approve the special event permit at a rate of $50 per day to be paid weekly.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - 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 20,2012 to consider a zone change request from PD-R to R-1-10 on 32.92 acres located west of Pioneer Road and southwest of the Las Colinas Phases 1 through 4 subdivisions.

MOTION: A motion was made by Councilmember Pike to set the public hearings 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 Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Todd Jacobsen presented the final plat for Desert Willow Phase 1 to create a 17 lot single family subdivision on 12.86 acres. The property is zoned R-1-8 and is located at 360 North Street and Westridge Drive.

Mayor McArthur asked Council for a motion to approve and allow him to sign the final plat.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Todd Jacobsen presented the preliminary plat for Sun River Phase 32 to create a 34 unit single family residential subdivision on 12.86 acres and is located northwest of Whitestone Drive and Grapevine Drive. Density is 2.46 dwelling per acre and zoning is PD-R. The general plan calls this a low density residential area. Because of the existing topography, the developer is proposing a number of rock walls that vary in height from 6 to 7 feet. In addition, the interior streets in this subdivision will be 30 foot private roadways. The developer will be required to provide a drainage channel at the top of these walls to collect runoff from the hillsides.

Mayor McArthur asked if this is in the gated area.

Mr. Jacobsen stated it is not in the gated area, however, it is nearby.



St. George City Council Minutes
December 6, 2012
Page Eight

Councilmember Bunker inquired if the walls are retaining walls and will they be in the back of the property.

Mr. Jacobsen stated the walls will be retaining walls and are will be in the back of the property.

Scott McCall with Sun River explained the retaining walls will range from 4 to 8 feet tucked into the hillside and will be on both sides.

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

Councilmember Bunker - aye
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 for an RV storage facility at 227 West 700 South. Denis Lyman, applicant.

City Planner Ray Snyder explained the applicant is requesting to add an outdoor RV storage facility to an existing self storage facility. Zoning is C-3. He presented a slide show which details the area the applicant is wanting to develop. The site plan includes an improved asphalt area, covered canopy areas and landscaping including retaining walls.

Mayor McArthur inquired about the height of the walls.

Mr. Snyder explained the applicant will be expanding their storage facility business by creating covered outside storage with an emphasis on motor homes. There will be a 6 foot wrought iron fence around the perimeter. Landscaping and color scheme will be similar to that of the existing storage building. The applicant has requested not to develop the road, he is proposing to merge properties together. Along the public street, there will be two 8 foot block retaining walls as well as a 4 foot planter and will have an easement area where the right of way ends.

Mayor McArthur inquired if the slope was a natural slope.

Mr. Snyder stated he believes it is a natural slope.

Mayor McArthur expressed concern because property owners in the area are trying to create a special improvement district since the hill is moving. He wants to make sure what is developed in that area will be stable.

Mr. Snyder stated staff is comfortable with this area. A pad has already been cleared. He will bring photographs and have the applicant address the geo-technical nature.

Councilmember Pike inquired if the toe of the hill will be cut into.

Mr. Snyder replied no. He presented additional pictures depicting the existing storage facility as well as the proposed landscaping, block walls and wrought iron fence. Planning Commission talked about aesthetics of screening and would like the trees to be taller. One option would be to add shrubs, but that may not be a reality since the area is only 4 feet wide. The applicant is requesting to reduce the public utilities easement to 10 feet rather than the 15 feet required. Another item brought up at the Planning Commission meeting was timing of the project. A citizen spoke at the Planning Commission regarding his concerns about erosion near the St. George Shuttle. Planning Commission recommends approval with the following conditions: (1) Landscaping; trees and shrubs shall be installed dense enough to help screen the view of the RV’s from Bluff Street. This shall be verified on the landscaping and irrigations plans submitted during the civil engineering plan check process by staff. Option 1 = trees to be located at lower level as submitted, Option 2 = trees to be located at highest terraced (shelf) level. (2) Erosion Control - Landscaping; erosion control shall be installed to protect the hillside immediately below the landscaped area. This shall be verified on the landscaping and irrigation plans submitted during the civil engineering plan check process by staff. (3) Erosion Control - Site; a drainage report shall be submitted as a part of the civil

St. George City Council Minutes
December 6, 2012
Page Nine

engineering plan check process and verified to be compliant by staff. A storm drainage system shall be designed to drain away storm water to the north in a detention system that will discharge into the Bluff Street storm drain system. (4) Fencing; fencing shall consist of either wrought iron decorative fence or a masonry wall. This shall be verified during the plan check process by staff. (5) Lot Merger; the lots shall be legally merged (the RV covered parking shall become part of the existing improved Monster Storage facility). This merger will provide a business office and will negate the need to improve the roadway in front of the property. The merger shall be completed and recorded before any permitting approval (construction plans or building permit). (6) Access; access shall be through the existing Monster Storage site. (7) Subgrade; the site shall be graded into the subgrade to accommodate the future roadway. (8) Delayed Improvement Agreement; the applicant shall provide for review and approval by the City Attorney’s office a delayed improvement agreement for road and utility improvements. Mr. Snyder read a portion of the findings.

Reid Pope, project engineer, explained with regard to the landscaping, they would like to cut the utility easement down to 10 feet to allow for wider planters.

Councilmember Pike inquired if Mr. Pope was talking about the rear of the property.

Mr. Pope stated he was not talking about the rear of the property, and explained the City allows a 15 foot easement but does not allow block walls in that area.

Mr. Snyder showed the picture of the area Mr. Pope was talking about.

Councilmember Almquist stated the problem with putting landscaping down below is the public utilities. He inquired about the public utilities shown in the plans.

Mr. Pope explained they will have power and telephone conduits.

Councilmember Almquist inquired if there were any utilities in the roadway. He stated the road could accommodate some utilities if needed.

Mr. Pope stated that normally power is outside of a roadway.

Councilmember Almquist stated that the copy of the plans given to Council show 3 planters and believes that will be sufficient. Tall, skinny plants will hide the view of the motor homes.

Mayor McArthur inquired if City staff looked into cutting the easement down to 10 feet.

City Manager Gary Esplin explained that he does not believe staff looked into that.

Mr. Snyder stated that this request came up just prior to the meeting. He did not have a chance to conduct any research; he would have to check City code.

Mayor McArthur advised this request may need to be revisited. He is concerned this area will have issues with the hill slipping as this has happened down the road. He stated the slope is still quite steep.

Mr. Pope explained AGEC is working on a plan and will have geogrid approximately every two feet.

Councilmember Almquist inquired if they will be using 3000 pound blocks and if geogrid will be placed inside.

Mr. Pope stated yes they will be 3000 pound blocks.

Councilmember Almquist advised if putting geogrid inside, they may have to lengthen the geogrid. Some things that occur when it fails, is that if the walls fall it brings down the grid down as well.

Mr. Pope stated they will be letting AGEC determine how the geogrid should be used.

Mayor McArthur advised there is not an answer for the setback; therefore, the request may need to be postponed until the next meeting.

Mr. Pope stated the set back scenario was an afterthought following the Planning Commission meeting. He explained at the meeting a discussion ensued as to why the road was even there. The road is a 41.5 foot City road. Monster Storage was dedicating property to make a 60 foot right of way. To build the road full width, a

St. George City Council Minutes
December 6, 2012
Page Ten

large retaining wall would have to built. He stated the best thing would be for the City to build a 25 foot road.
Mayor McArthur explained the City does not build roads. The property owner would be responsible to do so.

Mr. Pope stated the City owns the property.

Mayor McArthur stated the City does own the property; however, the property owner will still have to improve their frontage.
Mr. Pope inquired who will develop the other side.

City Manager Gary Esplin advised the City has dealt with this issue in other areas of the City such as along the freeway where there is not another property owner to share the cost of the road.

Mr. Pope stated the City owns 41.5 feet.

Councilmember Almquist stated the road will serve as a back up road for closures and will not be double loaded. He inquired how much of the roadway is the applicant building.

Mr. Pope explained they are looking to receive waivers to not build the road at this time. Curb and gutter has been installed, but the road is not paved.

City Manager Gary Esplin advised the previous agreement stated when the next phase of the existing Monster Storage is complete, the road will be built. He asked City Attorney Shawn Guzman to confirm.

City Attorney Shawn Guzman stated that is correct. He believes that is why the roadway was dedicated and not installed. The City had an agreement with Monster Storage to allow them to complete the next phase prior to building the road.

City Manager Gary Esplin stated staff is not interested in building the road right now since there is not much use for it at this time. The City’s concerns on building the road are the financial resources of the individual(s) that will be paying for the installation. He believes it would be premature to install the road right now; however, since it is on a plat, it needs to be accounted for because it may be needed in the future.

City Attorney Shawn Guzman advised per the agreement, 25 feet of asphalt roadbase would have to be installed.

Mayor McArthur stated north of St. George Boulevard, years ago, there were items that were platted and not installed. Since they were not, there is no way to get from City Hall to 3th or 4th East. He agrees with City Manager Gary Esplin that the road does not need to be installed right now; however, he feels a decision needs to be made on what the plan will include.

Councilmember Pike advised there also needs to be a plan for payment.

Councilmember Almquist stated Mr. Pope has come up with some good solutions. He believes the road does not need to be that wide. In addition, he feels rather than a 2 to 1 slope, it could be a 1 to 1 slope. If the road was narrower, a portion of the utilities could be brought further out. In addition, if the roadway below weren’t tied to the width the applicant is trying to design around, that would be a solution to the slope. The hydrology of the slope would change when more plant material and more water are present. Where the curb and gutter end, that could be moved to the east a bit and allow for an additional 10 feet.

Mr. Pope stated he originally was going to propose something narrower. Currently, the plan includes a 60 foot right of way, taking more property from Mr. Lyman. The pavement width of 35 feet is standard in a 50 foot right of way. He explained the least expensive solution would be to slide a bit to the east side of the hill, which would help the issue with the slope however, if and when the road is built, it is probably better to leave it where it is.

Councilmember Almquist indicated he believes the road does not need to be a 60 foot road. The narrower the road, the more it prohibits parking. To assist in the retention of the hill, he feels there needs to be gutter along the roadbase even if it isn’t paved at this time.

St. George City Council Minutes
December 6, 2012
Page Eleven

Councilmember Pike stated he feels it is very important to get this right.

Mayor McArthur stated he doesn’t know if there is enough information to make a decision at this time.

City Manager Gary Esplin advised the item can be tabled for a week to be scheduled for a work meeting to give Mr. Pope additional time to work on designs as well as engineering staff to be present. He stated a decision needs to be made as to the real intent of the road in addition to the need for the roadway including some alternatives. He apologized for delaying the project, but feels Council is not prepared to approve the request at this time.

Mayor McArthur inquired if tabling the item for a week would hurt.

City Manager Gary Esplin stated the work meeting can be made an official meeting so that if Council is prepared to approve the request at that time, they can do so.

Councilmember Almquist stated he and Mr. Pope have worked together on hillside issues previously. A solution would be to lower the entire site and move one of the walls to the rear. Doing this would retain the back wall as well as lessen the view of the RV’s which was a concern with the Planning Commission.

Mr. Pope explained there is a 48 inch drain to detain the water and have it drain to the north rather than south on the surface.

Councilmember Almquist stated he believes there is a way to design the plan to make it work.

City Manager Gary Esplin advised he would like Mr. Pope to have a discussion with staff before the next meeting to have some of these issues worked out.

Mr. Pope indicated he would speak with staff to try and work something out regarding the width of the road.

City Manager Gary Esplin stated why the road is 60 feet should also be looked as well as the intent and necessity of the road.

Mayor McArthur stated all properties need to be protected.

MOTION: A motion was made by Councilmember Pike to table the request until
the meeting next week.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Mrs. Diane Lyman, owner of the properties, explained one of the reasons the City asked them to combine the properties is because it would be an easier situation for the City. To them, it does not make a difference. If the properties were combined, there would be much less of a problem cutting into the hill. Their property can be accessed with the original road and is already a gated area for security. She stated if the City requires them to drop the parking area 8 feet it would be a tremendous expense to remove the dirt.

Mayor McArthur stated that was just one suggestion.

Mrs. Lyman explained timing is important and feels there is no reason to have additional road access; that would involve additional security gates and expense.

Mayor McArthur stated that is only one item that was mentioned. He explained all parties need to come up with some other ideas before the next meeting.

Mrs. Lyman stated other property owners in that area stated they do not have a need for the road.

City Manager Gary Esplin explained one of the property owners may have a need for the road in the future since parking on that particular business is not adequate.

St. George City Council Minutes
December 6, 2012
Page Twelve

Mrs. Lyman explained the road does not go that far.

City Manager Gary Esplin stated the City can require a development to dedicate a roadway.

Mayor McArthur advised all parties involved can have the discussion at a later time.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from PD Employment to PD Commercial on 1.89 acres to allow for development of a self-storage facility, outdoor RV storage, and private condominium hobby garages on 8.46 acres in the Sun River project. Sun River, applicant.

City Planner Ray Snyder advised the request is the fifth amendment to the project and read excerpts from the Amended Zone Change Application No. 5 for the Sun River Planned Development (PD). He explained there are 2 requests; the first is for the zone change and the second if for a zone change amendment to add private hobby garages as a use. In addition, he presented maps and pictures depicting the layout. The applicant is requesting to complete the project in phases. Planning Commission has seen different generations of the proposal before coming to Council. He gave a bit of history of what has been presented previously to the Planning Commission. The plan includes 180 outdoor RV units to be accessed 24 hours a day with a key pad entrance, 34 self storage units and hobby garages.

Councilmember Bunker inquired if the garages will have windows.

The applicant stated there will not be any windows.

Mr. Snyder explained the landscaping will be trees and shrubs with drip systems, no lawn turf will be permitted. There will be a 15 feet of landscaping along the frontage of the public streets. Building heights will not exceed 22 feet consisting of stucco and concrete tile roof.

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

Councilmember Bunker commented she thinks hobby garages are a good idea; there may be a lot of need for them.

MOTION: A motion was made by Councilmember Pike to approve the
zone change from PD Employment to PD Commercial by ordinance.

Mr. Snyder clarified the zone change would be from PD to PD Commercial since the City does not have that designation.

Councilmember Pike amended his motion as per the clarification.

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

Councilmember Bunker - aye
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 PD Residential on .31 acres to allow construction of a parking structure with eight parking spaces and a sport court on the parking structure roof at 1811 W. Canyon View Drive. Point Vista Condos HOA, applicant.

City Planner Craig Harvey advised the request is to change the zone on one lot that is currently zoned R-1-10 and to amend the zone for the PD Point Vista Condos. He presented several photos which showed the location of the lot, site plan and adjacent properties. He explained although the lot is currently vacant, it previously had a single family home that was demolished due to problems resulting from the expansive soils on the site. The proposed set backs are approximately 30 feet in the front and 25-30 feet in the rear. He explained the request was tabled at previous Planning Commission meetings because more information was needed. In addition,

St. George City Council Minutes
December 6, 2012
Page Thirteen

the Planning Commission advised the applicant to move the parking structure closer to the existing condos. It was moved about 10 feet to give a greater setback to the property owners to the north. He presented a photo showing how the adjacent property to the north would be in relation to the sport court. He stated the sport court will have retaining walls with chain link fencing around the front and on the side that faces the existing home. The height of the fence will not exceed 12 feet per the ordinance. During the Planning Commission meeting, the homeowner requested, and the Planning Commission agreed, a barrier or screen be installed for privacy. Fencing on the Las Palmas side will be approximately 8 feet. Retaining walls will be installed to help prevent further erosion to the Las Palmas property. Landscaping will match the existing Point Vista landscape.

Councilmember Almquist inquired if staff has heard from the property owner to the east.

Mr. Harvey stated yes, the property owners have requested the parking structure be moved toward Point Vista. They have spoken with Mr. Shaw regarding shrubs being planted to maintain their privacy.

Jeff Shaw, president for Point Vista Condos HOA, stated the condos were purchased for vacation properties. He explained, at this time, they do not have covered parking at their location, however, they have an offer to purchase the property to build the parking structure. They have concerns regarding the cliff along the Las Palmas property with erosion; they would also like to clean up the property.

Councilmember Bunker pointed out the previous home had to be demolished because of blue clay. She asked Mr. Shaw what kind of assurance does he have that this will not be an issue with the proposed structure.

Mr. Shaw stated he has been working with a geo-technical engineer who has performed several studies in the area. The solution is to over excavate approximately 10 feet below the surface and bring in an engineer to fill. With regards to the home that was formally there, the engineer stated the soil was not prepared properly.

Councilmember Bunker stated she knows of several buildings that have over excavated and still had issues. She is concerned that if the request is approved there may be soil issues in the future.

Mr. Shaw stated he can appreciate her concerns. There is quite an investment in this project and they want things done right.

Councilmember Bunker inquired if additional inspections will be done once they reach the 10 feet.

Mr. Shaw explained there will be engineering site visits and inspections done along the way.

City Manager Gary Esplin asked Mr. Shaw if there was a reason piers were not being used.

Mr. Shaw stated if piers were used, the garage floor would need to be suspended as well. It is being done this way because it is the most cost effective. In addition, this is what the engineer recommended.

City Manager Gary Esplin stated he owns a house approximately 500 feet away. He explained Sunbrook had been over excavated and filled with the best fill available; now the foundations are being removed and replaced. As a citizen living in the area, he is concerned that over excavating may not be the ultimate solution.

Councilmember Pike stated Tonaquint Intermediate School had to over excavate approximately 20-30 feet.

Mr. Shaw explained the lot has been dug lower than what needs to be. The balance of what needs to be dug out is not the total requirement.

City Manager Gary Esplin explained this is not a concern for zone approval however, as plans come in, the structural end will need to be closely reviewed. He understands that one neighbor is not in favor of the request and the other is. Leaving the property as is would be the worst case scenario. He chooses to remain neutral since he has a vested interest in the area.


St. George City Council Minutes
December 6, 2013
Page Fourteen

Councilmember Almquist stated the area will look better than it currently does and the boundaries are being secured. The plan shows the landscaping is more visual. There should not be any water above the structure, which he believes should be included in the plan, as it will saturate down and go under the building. The introduction of water away from the property may also impact the roadway.

Mr. Harvey stated the Planning Commission recommended approval with the following conditions: (1) There will be no lighting on the Sports Court, and (2) The applicant must merge the two lots by amending the Point Vista Final Plat and the Green Valley Phase 5 final plat prior to submitting construction documents to the City for approval. Another concern at the Planning Commission meeting was regarding CO2 emissions in the garage. Per the international building code, the garage must have a venting system. This will be addressed during the construction phase.

Mayor McArthur opened the public hearing.

Mayor McArthur read a letter from Jon Gibb, property Owner at 1775 West Canyon View Drive.

Christine Orabeck, resident of Las Palmas read a letter that she has previously given to Councilmembers.

Tracy Duckworth from Salt Lake City, owner of a Point Vista condo stated the condos were purchased as second homes. For the past three weeks, he has resided at Point Vista and only a few residents have been there at this time. During spring break there may be about 8 or 9 cars as this is not a typically well used area. The property does have cliffs and a drop off and erosion is taking place. Each owner is responsible for maintaining their property. He is concerned with the cliff at Las Palmas as well. He stated there will not be any lights on the sports courts. He has resided at this location approximately 4 times this year. Usually there are a couple of cars on the weekend and none on the week days. With regards to the entrance to the lot, they do not anticipate the parking structure will be used as the main parking
area as they typically park in front of their condo. They want to make the structure look as attractive as possible. The units are for personal use and are not rented out.

City Manager Gary Esplin asked Mr. Duckworth if all units are owner occupied. As a resident in a single family subdivision, he would like to have all of Las Palmas put into single ownership; the majority of them are put into rental pools. Traffic on the road will not be generated by the 8 or 9 residents of Point Vista, but from the units being rented over the holidays or from having numerous occupants in the rentals. How the resident accesses the unit may be an issue however, the parking and traffic
issues are not present. He feels future projects may impact traffic concerns. Only 2 single family homeowners will be affected by this request.

Councilmember Hughes asked Mr. Duckwoth if all of the condos are second homes and if anyone lives in them full time.

Mr. Duckworth stated all of them are second homes and clarified his home will never be rented out. He explained the property is a safety issue at this time; kids climb the fence and play on it. In addition, it is not a very pleasant looking piece of land. The owners do not want to throw something together just to make it look good.

Mayor McArthur closed the public hearing.

Councilmember Hughes advised he sits on the Planning Commission and the project was before them at least twice. The property owners worked well with the lighting issues and there were concerns with noise and landscaping. He stated he liked the project and the direction it is heading. As far as the concerns regarding lighting in the future, Council can say there will never be lights.

Mayor McArthur asked City Attorney Shawn Guzman is the Council can make that a part of the stipulation.

City Attorney Shawn Guzman stated yes, that can be added.

Councilmember Hughes stated if Council adds the stipulation, that cannot stop a future request to add lighting.

Councilmember Bunker inquired why there was a vote against the request at the Planning Commission.


St. George City Council Minutes
December 6, 2012
Page Fifteen

Mr. Harvey stated it was voted against because of concerns for cars pulling in and out of the entrance.

Councilmember Hughes explained there was quite a bit of discussion regarding this and that staff has been out to the site to look at the curve in the road. He feels it is a good use of the property and does not believe it will increase the traffic in that area.

City Manager Gary Esplin stated he is concerned that the units may be turned into overnight rentals. He inquired if a stipulation could be in place that restricts the owners from doing so or if the applicants would be willing to certify for the record, that they will not have them rented out as it may have a direct bearing on this application.

Mr. Harvey stated he found a letter from the original zone change request that stipulates they were approved for vacation rentals. Since then, the PD text has been amended and does not state or specify that rentals are allowed.

City Attorney Shawn Guzman inquired if it states rentals are prohibited. He advised the HOA can make the change in their CC&R’s. He agrees with the City Manager in regard to vacation rentals producing a lot of traffic.

City Manager Gary Esplin inquired if a condition of the PD zone change for this parcel include that it cannot be used for rental properties.

City Attorney Shawn Guzman advised Council can specify in the PD zone that none of the units this parcel is tied to can be used as rentals. He stated the text of the PD zone needs to clearly state that rentals are not allowed.

Mr. Harvey stated under the current short term rental ordinance, the units would not meet the requirement since they do not have the amenities required to do so.

City Manager Gary Esplin commented it would not be a stretch for the owners since they could not meet the current requirements. He asked Mr. Duckworth if they would agree to add that to the PD zone.

Mr. Duckworth stated he sees nothing changing from over the past 3 years. The units have never been rented in the past; however he cannot speak for someone who may purchase one of the properties in the future. The owners may have family use the units from time to time.

City Manager Gary Esplin stated he doesn’t see a problem with that. The problem he foresees is that if the property were to change owners they would put it on a rental pool.

City Attorney Shawn Guzman advised Council could stipulate the parking structure is to be used for no one other than the homeowners of the units.

Councilmember Almquist stated the applicants do not yet own the property. The applicants are not going to purchase the property unless Council approves the request. His concern is the idea that if something else was to go in there to solve the problems with Las Palmas. It would be very costly for a private resident to look at buying and excavating the lot.

Mr. Harvey advised if the request is not approved, the original property owner could build a home with a maximum height of 35 feet, which would be taller than the proposed parking garage.

Mayor McArthur advised the Planning Commission has recommended approval with the stipulations previously mentioned.

MOTION: A motion was made by Councilmember Hughes to approve the
amendment to the Point Vista zone and the zone change from R-1-10 to PD-Residential with the recommendations of staff as well as the PD text for this zone, which includes these units, to read the units are to be owner occupied, with no rentals and parking in the structure is limited to residents only.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:



St. George City Council Minutes
December 6, 2012
Page Sixteen

Councilmember Bunker - aye
Councilmember Almquist - nay
Councilmember Pike - aye
Councilmember Hughes - aye

The motion carried.

AGREEMENT:
Consider approval of an amendment to the incentive agreement with Berry Manufacturing.

City Manager Gary Esplin advised the City has an agreement to allow the impact fee to be paid by Berry Manufacturing by lowering the utility rates for the project to pay for the impact fees as an economic development incentive to create new jobs in the City. It is recommended to amend the agreement to allow Berry Manufacturing to abate the $21,606.00 impact fee by the same arrangement.

City Attorney Shawn Guzman stated Berry Manufacturing is increasing the number of plating bays and estimates several new jobs.

Mayor McArthur explained this is a local company who is expanding and has adhered to the original agreement. This agreement will not hurt the City.

City Manager Gary Esplin stated it is important to note that this is a manufacturing facility. The City cannot do this for every business, but as part of the economic development program, the City can help manufacturing as it does in Fort Pierce.

MOTION: A motion was made by Councilmember Almquist to approve the
agreement.
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 Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

LEASE AGREEMENT:
Consider approval of a lease agreement for Hangar #1 with CMI at the West Black Hill Complex.

City Manager Gary Esplin advised CMI is an arm of Dixie State College. They are requesting to lease the hangar to make a film starting in January and are proposing to pay the City $10,000 per month to use these facilities as well as other facilities in the community.

MOTION: A motion was made by Councilmember Pike to approve the lease
agreement.
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 Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin stated a portion of the fees received for this lease will be used to make improvements at the Hall of Justice for permanent office space for the drug task force as well as to make improvements to the other hangar used for storage.

LEASE AGREEMENT:
Consider approval of a lease with the Dixie Applied Technology College for property at the former airport.

City Manager Gary Esplin advised this agreement has two issues. Council has already approved the sale of the property to the state of Utah. He is proposing to lease the area for $1.00 per year on a month to month basis until the sale goes
St. George City Council Minutes
December 6, 2012
Page Seventeen

through. The City is in the process of conducting a cad-x environmental review of the 40 acre site that is currently owned by the federal government and is in the last phase of the federal government giving the property to the City. After the property transfer, the City will reimburse itself for some of the cost already expended at the airport, which has to be done in order to get the title to the land. When that happens, the City can then sell the property to the state for the DXATC campus.

Mayor McArthur stated this fits the plan.

City Manager Gary Esplin explained this will allow them to make improvement to the building and start using it for training and classroom space.

Councilmember Pike stated they cannot make improvements until they had the lease.

City Manager Gary Esplin explained the hope was to not have to do the lease, but the property will not be ready to be sold for approximately 3 months.

MOTION: A motion was made by Councilmember Pike to approve the lease. 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 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 15, 2012.

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

The vote was unanimous and the motion carried.





Christina Fernandez, Deputy City Recorder Date