City Council Minutes

Thursday, May 16,2013



ST. GEORGE CITY COUNCIL MINUTES
MAY 16, 2013, 4:00 P.M.
REGULAR MEETING
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Mayor McArthur and the invocation was offered by Councilmember Jon Pike.

Mayor McArthur announced the Color Palooza, a 5k Charity Run, will be held this Saturday and Sunset on the Square free movies will be held second and fourth Friday of each month at Town Square. He stated he attended the Police Department awards banquet and was proud of all award recipients.

TABLE ITEMS:
Mayor McArthur announced that item 6C to consider approval of a conditional use permit
to construct a detached garage to a height of up to 20' behind the dwelling located at 538 East Los Alamitos Drive in a R-1-10 zone has been tabled from the agenda.

APPOINTMENT OF NEW CITY RECORDER:
Mayor McArthur advised Gay Cragun, City Recorder, retired May 15, 2013 after more than 30 years of service with the City. He would like to appoint Christina Fernandez as the new City Recorder.


MOTION: A motion was made by Councilmember Bunker to appoint Christina Fernandez as the new City Recorder.
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.

CONSENT CALENDAR:
Consider approval of the financial report for April 2013.

City Manager Gary Esplin explained that revenues are higher than expected and expenditures are less than budgeted.

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

BID OPENINGS:
Consider award of bid for EPR Primary Cable.

Purchasing Manager Connie Hood advised there were only two approved distributors of this product. She recommended award of the bid in the amount of $67,752.95 to the low bidder, Codale.

MOTION: A motion was made by Councilmember Pike to award the bid in the amount of $67,752.95 to Codale.
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 Sentinel Patriot System with Vela mapping.

Purchasing Manager Connie Hood advised this request is a sole source bid with Cassidian (Century Link) in the amount of $505,345.42; the City’s match will be $101,069.08 and is for continuation of Station 7 back up center project.

City Manager Gary Esplin explained the City has received a grant to upgrade the dispatch equipment and system. The costs of the Dispatch function is charged to the entire County on a population basis and any funds left over at the end of the fiscal budget goes into the Dispatch capital fund. There are sufficient funds in the account to handle the match.

Deputy Chief Rich Farnsworth stated the bid is to upgrade the current Dispatch
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May 16, 2013
Page Two

Center in the Police Department. The funds come from the emergency 911 fees collected by the State. He explained this project will make both of the centers state of the art. If a disaster were to occur anywhere within the State dispatchers from those areas could use the center with a flip of a few switches.


MOTION: A motion was made by Councilmember Pike to award the bid for the total cost of the bid, with the City’s match of $101,069.08 for the Sentinel Patriot System.
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.

AWARD OF BID:
Consider award of bid for a reimbursement agreement with Quality Development to upsize the Equestrian Drive Drainage project.

Purchasing Manager Connie Hood explained this bid is a reimbursement agreement with Quality Development to upsize the Equestrian Drive Drainage project in the amount of $165,000.00

City Manager Gary Esplin explained the agreement is between the City, Quality Excavation, The Village at Little Valley, LLC., Devco Properties, LLC., KVQD, LLC., LDS Church and The Knolls Group. It is for a 48 inch drain line that will be connected from Little Valley Road to the Ft. Pierce Wash. The agreement allows all parties to participate in the cost of putting the line in. The City is going to pay $175,000.00, which is more than originally planned, to upsize the line using restricted impact funds that can only be used for drainage related projects.

MOTION: A motion was made by Councilmember Almquist to approve the reimbursement agreement in the amount of $175,000.00.
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 professional services agreement to Campbell & Associates Architects to provide design, construction documents and construction administration for a barn-style pavilion with attached restrooms and reconstruction of a rock house.

Purchasing Manager Connie Hood advised the bid is for a professional services agreement with Campbell & Associates in the amount of $31,433.00 to rebuild a rock house that was donated to the City with the condition that it be reconstructed for public use. The house will provide exhibits about agriculture history in the Little Valley area.

Mayor McArthur explained the rock house was donated by the Seegmiller family years ago. A lot of work has been done to beautify the house and it would be a nice addition to the City.

Councilmember Bunker commented this house is a nice piece of history to show how entire families lived in such a small place.

MOTION: A motion was made by Councilmember Nickle to approve the agreement.
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: (1) The Village at Little Valley Phase 2, a twenty lot single family subdivision located at 2350 East Street and approximately 3400 South; (2) Bloomington Country Club No. 9 Subdivision Amended, a forty-one lot single family subdivision located between 2764 Moody Circle and 748 Escalante Drive.

MOTION: A motion was made by Councilmember Pike to approve the final and authorize the Mayor to sign them.
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

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May 16, 2013
Page Three

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Whisper Ridge Phase 5 and 6, a twenty-seven lot residential subdivision located at approximately Indian Hills Drive and 700 South on 10.76 acres, density is 2.51 dwelling units per acre, zoning is R-1-10 and is shown as low density on the general plan. To handle the drainage, the applicant is proposing to build a detention basin along Indian Hills Drive that will tie into the existing storm drain line. The applicant is also proposing to add an island in the roadway that will be maintained by the HOA. The road into the property will clip a small portion of the adjacent property which the City acquired from the BLM that can only be used for parks or other recreational areas. The developer will be required to stub utilities for a future trailhead and will leave the lots ungraded as a separate grading and drainage plan will be required for each lot. He explained the question arose of whether the developer will be required to pay to improve the roadway as well as adding curb and gutter. In addition, there was a question as to the double fronting lots. The Planning Commission’s recommendation is if the developer is willing to donate the hillside to the City and due to the topography of the site no wall shall be required along Indian Hills Drive, no sidewalk shall be installed and no landscape strip is required. However, if the hillside is not dedicated
to the City, the applicant shall be responsible for making the improvements. Sidewalk would be required on the south side of the road.

City Manager Gary Esplin advised that included in the proposed budget for next year is funding for improvements on Indian Hills Drive and may involve widening the shoulder. Because this is a preliminary plat, there can be further discussion in the future. The parcel was acquired from the BLM and is to be used solely for recreational purposes.

Mayor McArthur inquired if staff spoke with to the property owner regarding the donation of the property to the City.

Wes Jenkins stated he could not reach the property owner however, the Planning Commission recommended if the hillside is not dedicated to the City, the applicant shall be responsible for making the improvements.

Councilmember Almquist stated he believes the donation would be positive, but if the City would have to cut into the hillside to widen the road, he would like City Attorney Shawn Guzman to draft something that will indemnify the City.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat subject to the recommendations of the Planning Commission.
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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Entrada at Snow Canyon - Chaco West 3N, a parcel located along Tacheene Drive on 2.84 acres. Zoning is PD-R and the general plan shows the area as low density residential. The developer will be required to provide a turn-around and a fire hydrant on site.

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

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Riverside Cliffs (former Palomar), a 28 lot subdivision on 9.64 acres located south of Riverside Drive at approximately 1900 East, zoning is R-1-8, density is 3.08 dwelling units per acre. The developer is proposing islands in the roadways at both entrances to the subdivision. The applicant is requesting the City to donate or trade the adjacent City property.

City Manager Gary Esplin explained the City acquired the property from Doug Rogers and he is unsure if there were conditions on use of the property. He suggested the City work out a lease agreement with the developer.

City Attorney Shawn Guzman advised the City asked for the hillside to keep it from being developed.

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



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May 16, 2013
Page Four

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Stone Cliffs Phase II, a 31 lot subdivision on 16.26 acres located at approximately 1600 South and 2550 East, zoning is PD-R, density is 1.91 dwelling units per acre. There is an existing utility easement on the subdivision to the north between lots 10 and 11 of Stone Cove Phase I. The developer is proposing to extend the sewer and storm drain line between lots 1106 and 1107 of this subdivision that will tie into the existing easement. He explained it would be a private easement, however once it meets the existing manhole and catch basin it would become the responsibility of the City to own and maintain. The developer is also proposing not to complete roadway improvements along the current construction access at this time, instead a second access for the development will be provided further east in the future. The developer owns the property directly east of this subdivision, but not the property to the north along 1450 South.

City Manager Gary Esplin inquired if there were houses along the road at this time. He stated there should be access for emergency personnel.

Mr. Jenkins stated there are no houses there at this time. The road is partially paved and Deputy Fire Chief Kevin Taylor stated there will be access for emergency personnel.

Gail Maxwell explained the road, which is a two lane road, is paved and will remain so. The road to the east is a master plan road.

Mr. Jenkins explained the developer is proposing to eliminate sidewalk in this phase. The developer would like to provide a wider pavement section to allow pedestrians to walk along the roadway.

Councilmember Hughes inquired if it was a condition of the Planning Commission to allow for emergency access.

Mr. Jenkins replied yes it was a condition and is also required by the Fire Department

MOTION: A motion was made by Councilmember Bunker to approve the preliminary plat with the notations and conditions of the Planning Commission and staff.
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.

BUILDING DESIGN CONCEPTUAL SITE PLAN:
Ray Snyder presented the building design conceptual site plan for a proposed mid-sized assisted living and memory care community called The Retreat at Sunbrook located on Dixie Drive at approximately 360 North. The facility will include 50 assisted living apartments and 14 secure memory care suites with key pad entry. The project will include fenced patios and decks and several different amenities. He displayed an area map and conceptual landscape plan. The Planning Commission recommended approval of the site plan as well as a reduced setback for the north side of the site for a decorative trellis. The applicant requested to landscape the wash area behind the site, the Planning Commission felt the request should be resolved by staff and the City Attorney’s office.

City Manager Gary Esplin inquired if the Planning Commission discussed the City’s master plan trail system.

Wes Jenkins advised he spoke with Parks Planning Manager Laura Taylor regarding the trail. The applicant will be required to add a retaining wall in preparation for the trail and would like to beautify the wash.

City Attorney Shawn Guzman stated he does not have reservations about the applicant landscaping the wash.

David Gardner, applicant, stated this would be the second facility and will function as the sister property to the other facility. He is excited to create a quality living environment for seniors. The proposed site will have beautiful views, that is why they are requesting to beautify the wash, if landscape is added the applicant will maintain it. He explained it would helpful to know when the trail behind the property will be built since there will be expense to them to maintain the trail.

City Manager Gary Esplin explained this is a very complicated trail since it will go through the Sunbrook Golf Course as well as property that is not being developed.

Councilmember Pike asked if the City had a plan for the trail so that the applicant can build the retaining wall at this time.

MOTION: A motion was made by Councilmember Hughes to approve the building design conceptual site plan.
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.

Mayor McArthur stated hopefully there will me some more definitive answers to the questions that Councilmember Pike brought up.



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May 16, 2013
Page Five

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage to a height of 17' behind the home located at 1538 West 3780 South in a R-1-10 zone. Darin & Mindy Shaw, applicants.

Craig Harvey advised the applicants last name is Snow, not Shaw. He explained that the request is to build a detached garage to a height of 17'. The home is located at 1538 West 3780 South and is zoned R-1-10. He displayed an aerial map and the general floor plan. The Planning Commission recommends approval; however, because a portion of the proposed structure will be on City easement, the applicants will have to go through a JUC review. He stated there were no comments from neighbors.

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit.
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.

PUBLIC HEARING/PUBLIC STREET NAME CHANGE/ORDINANCE:
Public hearing to consider a request to change the name of Equestrian Drive to Crimson Ridge Drive.

Todd Jacobsen advised this request ties in with the bid opening heard earlier. He stated the street does not have any addresses at this time. The road is located west of Little Valley Road and straight across from Crimson Ridge Drive.

Mayor McArthur explained the City has names on streets when the road starts in one direction and ends in another.

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

MOTION: A motion was made by Councilmember Nickle to approve the street name change.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATION OF EASEMENT/ORDINANCE:
Public hearing to consider a request to vacate a Public Utility and Drainage Easement for Lot 23 of Pointe West Estates Subdivision and merge with another parcel. Kody Young, applicant.


Todd Jacobsen advised this request goes along with an item that was discussed at a previous City Council Meeting. The applicants are requesting to vacate the easement and merge two lots.

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

MOTION: A motion was made by Councilmember Bunker to approve the Public Utility Easement vacation.
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.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from Commercial C-2 to R-1-12, Single Family Residential on 5.38 acres located on the northwest corner of the intersection of 3000 East Street and Crimson Ridge Drive. Development Solutions Inc., applicant.

Craig Harvey displayed a zoning map and explained that approximately a year ago, the City Council approved a change to the City General Plan map which changed the land use designation from Commercial to Low Density Residential on the northwest corner of 3000 East and Crimson Ridge Drive in the Little Valley area. This is a request to change the zone map from C-2 to R-1-12. The southwest corner of this intersection remains zoned C-2 for a future neighborhood commercial area. The Planning Commission recommends approval of the zone change as requested.

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

MOTION: A motion was made by Councilmember Pike to approve the zone change.

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May 16, 2013
Page Six

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATION OF PUBLIC STREET/ORDINANCE:
Public hearing to consider approval to vacate 1700 South Street located between Black Ridge Drive and Hilton Drive. Stephen Wade, applicant.

Todd Jacobsen displayed a map and explained the applicant is requesting to vacate the road so that he can expand and rearrange his car dealerships. The associated public utility easements will be vacated and new easements will be dedicated back to the City as part of the vacation process. The applicant plans to put in a new building and will have a 25 foot emergency access on the south side.

Mayor McArthur stated where Smith’s Food and Drug is located the City sold a street to the developer. As part of the agreement, an easement was required to remain open.

City Manager Gary Esplin explained the old dedicated streets in the old township section of the City, were originally owned by the City. If an individual wanted to use the street, the City would require payment or come to an agreement. In a situation such as this, if a street is abandoned for public use, it would go back to the original owner.

Bill Western, architect for Stephen Wade stated that Mr. Wade would like to acquire the property for a new dealership. The location will have a fire easement.

Ray Snyder advised in the future, a building design conceptual site plan will come before City Council if this request is approved.

Mayor McArthur opened the public hearing.

Lowry Snow, representative for the Painter family, explained that they have been longtime business owners in the City and own approximately 5 acres of real property directly west of the proposed vacation. He presented a copy of the Utah Municipal Code 10-9a-609.5 in which he stated that the statute is clear that the City Council can adopt an ordinance that would vacate a public right-of-way or easement with conditions, but there is no requirement to do so. He stated that while City Manager Gary Esplin stated the law accurately, the public has right-of–way. When an owner dedicates a street and easements shown on a plat it is to benefit the public; however, when City Council acts on a vacation, they act in trust for the public making the determination that the public will not be harmed. He quoted a condition listed in subsection (a) of the code, which states “good cause exists for the vacation.” The application sites two reasons for good cause: (1) To allow construction for a new Nissan Dealership and (2) this will allow better circulation between the dealerships. He then quoted subsection b of the code which states “neither the public interest nor any person will be materially injured by the vacation.” He believes the Councilmembers should ask themselves is, if a 25 foot easement is being reserved, why is the roadway being vacated. The area is fairly compacted and the use is not restricted to auto dealerships; having vehicular traffic is important. He is concerned that this vacation will injure the Painter property. He presented a second handout; a summary appraisal report prepared by Craig Morley. He read an excerpt from the report; “In my opinion, the proposed abandonment of 1700 South Street would adversely impact access to the “Painter” property and as such would impact the market value of the “Painter” land value from between 2% and 5%.” This could happen if the municipality would take action when it does not have to do so.

Patrick Painter stated his father invested quite a bit of money in building their family business. He presented a power point presentation which included an aerial map of their property and surroundings, a picture of the parcel in which they are concerned with, photos of 1700 South, and a letter from L. Reid Pope. He explained he has been in the car business for 40 years and to be successful, you have to have exposure. Their business relied on the 4-way interchange that existed between Black Ridge Drive and Hilton Drive. As for exposure, customers want to look, touch and drive the vehicles. The more exposure you have, the better success you will have at getting that customer. He feels if approved, the vacation will take away their success as one of the four fingers of the 4-way intersection. Circulation is important to their prospective clients as it is to the applicant’s employees. He pleaded to the Council that on the merits of this issue, they have failed if the merits are to construct a new building and give up public access and the circulation between the dealerships. He respectfully submitted to the City Council not to approve this as it will cause injury to their business.

Councilmember Bunker asked Mr. Painter to show on the map how the circulation works.

Mr. Painter stated the City was fortuitous when planning the “auto row”. As you come off Bluff Street, customers will circulate the dealerships. If customers do not have the ability to drive around their property, exposure will be taken away. He added, he has been involved in water development in the state. Projections used in the legislature show that this area will grow tremendously in the future. There are not many streets in St. George, they will be filled up.

Mayor McArthur explained when roads are built; they do so by trying to puts streets across from each other. Originally, the plan showed 1700 South extending to the top of the hill, but doing so would violate the hillside ordinance, therefore the plan was
revised to shorten the road and for the same reason, the road will not go any further in the future.

Mr. Painter reiterated removing the street or access at any time will be detrimental.

Councilmember Almquist stated when the Dixie Drive Interchange was built, the Ford dealership had a positive financial impact. He inquired if Mr. Painter had any knowledge of properties in that area that may have been reassessed to determine if appraisal value had increased or decreased.


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May 16, 2013
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Mr. Painter replied that he has not been privy to that information but would assume the interchange would have helped other dealerships as well.

Councilmember Almquist inquired who funded the improvements of the road in question.

City Manager Gary Esplin advised the developer paid for the improvements, there were no City dollars used.

Pete Bowden, employee of Camping World RV & Sales, stated he previously worked for Painters Sun Country RV and the RV dealership on 1500 South. He is concerned about the safety of drivers as well as individuals biking or walking in that area. When dealerships have their vehicles delivered, it is almost impossible to see traffic coming from the other direction. He is concerned that the area will become more congested and is asking the Councilmembers to consider the safety of the area, not only to those that are shopping for vehicles, but also for the general public in the area.

Councilmember Almquist inquired if vehicles are unloaded on 1700 South.

Mr. Bowden replied yes. His original thought was 1600 and 1700 South were to be used for unloading vehicles. At times it is difficult to get transport vehicles on either street since other vehicles are parked there as well. He often sees transport vehicles on the corner between the Stephen Wade and Ford stores.

Mr. Snow stated that a portion of the operative language in the statute is that the Councilmembers “may”, but just because they can, does not always mean that they should. Is this good precedence and are the Councilmembers prepared for other applicants who make the same case whose commercial property fronts a public road. A task of the Councilmembers is to distinguish between this application and other applications if they were to move forward on it.

Mayor McArthur stated these types of issues have come before the Councilmembers in the past. While it is not always easy to make decisions, the public and property owners have the right to ask.

Ed Baca, concerned citizen, noted the importance of the impact that new car dealerships have on the citizens of the City. Sales tax revenue from new car sales keep property taxes down as well as play an important role in the City’s General Fund. While it is important to consider the injury that may occur to any business in that area, the public welfare and the well-being of City’s financial future should also be considered.

Daren Barney, representing the applicant, stated he would like to address Mr. Snow’s comment regarding abandoning a road to benefit someone commercially. He remembered a similar situation near Lowes on 400 South that went east from River Road which greatly impacted the economic base of the City. With regards to safety, he questioned if 1700 South should continue to cross over Black Ridge Drive as busy as it currently is. He believes, if the vacation is approved, Mr. Painter would still have access off Black Ridge Drive and even greater access on 1600 South. While he thinks safety is important, he does not see an increased concerns if 1700 South is vacated, rather, he feels the vacation will help the traffic flow better. He stated he does not disagree with Mr. Snow’s interpretation of the statute that the City Council can grant an ordinance to abandon a road with good cause. Although he has not seen the appraisal, he cannot see how the Painters will be materially injured as they will still have ample access to their property.

Tyler Hoskins, Southwest Consulting, referred back to the map which shows the 4-way intersection. He explained the new proposal will have less conflict points and if one leg of the intersection is vacated, there is less of a safety issue. If the road is vacated, there would be an increase in traffic on 1600 South which would allow better access to the Painters dealership. He stated that he counted cars in the intersection yesterday from 4:30 – 5:30; there were approximately 300 cars in each direction on Black Ridge Drive, 22 of which turned onto 1700 South, other cars that were seen on that road were Stephen Wade employees. Traffic on Black Ridge Drive has decreased 44% since Dixie Drive has opened.

Mr. Painter stated he stands behind the appraisal. With regards to Mr. Hoskins comment that the vacation will improve the Painters property on 1600 South, he would not be here today stating that his business will be injured. When the economy improves and they expand their business, they will need the street to remain open for access. Again, he feels the Councilmembers will be starting a bad precedent if they approve this request and asked the Councilmembers to not approve the request.

Stephen Wade, applicant, advised he does not want to hurt anyone. This seems very simple to him, this is a traffic issue. They are trying to build a new dealership and remodel three others. With regards to the sales tax impact, in the last 2 months, they have sold just short of 1000 new and used vehicles and are trying to add to the sales tax revenue. This property was designed as an auto mall; he would like to help develop that. With regards to safety, 1700 South is mainly used by their employees. They unload their transport trucks on 1700 South, not on Hilton Drive, and will to continue to do so. He believes the application is a reasonable one and hopes that more tax revenue from a new dealership will benefit the City.

Linda Pace, citizen, stated she has been in the car business a long time. She explained it is a general practice of any cars salesman to get in the car and drive customers off the car lot, pull over onto the side road and let the customer safely switch sides. It would hurt demo drives if the road is vacated.

Mayor McArthur closed the public hearing.

Councilmember Pike stated as he considers the law, he does not think the road is not needed at this time or in the future. He does not think this request will materially injure
anyone and believes the vacation will be good and does not feel there will be increased safety issues.

Councilmember Hughes noted there have been a number of good points brought up. He begs to differ with an appraisal done by someone with Mr. Morley’s credibility. He stated he would like to see Stephen Wade sell more cars to increase sales tax revenues; he would also like to see the Painters sell more cars as well. While he believes the vacation is a good cause, the Painters believe it will materially injure them. Once the road closes, he feels it will be a bigger battle to open it back up. He understands

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approving this request will help the Wade dealerships, he does not know how he can support this if it is at someone else’s expense.

Councilmember Bunker stated this is a hard decision to make. She agrees that it is important for car dealerships to have visual access. While she has weighed both parties and the public at large, she was quite persuaded by the fact that the contact points of the 4-way intersection will lower. Regarding the grid circulation, she does not feel 1700 South makes the circulation better since there is plenty of circulation from the other streets. Traffic on 1700 South is mainly from Stephen Wade’s employees. She does not see a reason why this vacation would be a detriment to anyone.
Councilmember Almquist stated both sides have made excellent arguments. When purchasing a car, most customers go to the location that has the most cars. They do not think about what roads are closed. Approximately six years ago, he was opposed to this road continuing to the west because of how the hillside would have been damaged. The compromise was to build this small section of the road knowing it would never go anywhere. He has been contacted by dozens of citizens favoring the Painters. In his opinion, the road does create a bit of difficulty for people trying to cross directly over.

Councilmember Nickle explained this issue reminds him of the issues of the dance hall which came before Council, it was not allowed because other businesses were going to be negatively affected. Both sides have reasonable arguments. He tends to look closer at the side that will feel the negative effect.

Councilmember Pike reiterated that great arguments have been brought up on both sides. The best thing for dealerships is to have cars on their lots; that dealership has been vacant for too long. He believes the new dealership will be successful and does not agree that the Painters will be hurt.

MOTION: A motion was made by Councilmember Pike to approve the vacation of 1700 South Street.
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 Nickle - nay
Councilmember Pike - aye
Councilmember Hughes - nay

The motion carried.

LEASE AGREEMENT:
Consider approval of a lease agreement between the City and the St. George Children’s Museum for use of the Arts Center located at 86 South Main Street.

Councilmember Bunker, speaking on behalf of the board, stated they are grateful for Kent Perkins and his staff. They have obtained their 501c3 status and many exhibits from the Lied Children’s Museum. She presented a power point presentation which shows pictures of the different rooms. The fee to enter the Children’s Museum is planned to be pay as you will and the goal is for families to have a fun, enjoyable experience. They will have three paid personnel but will need volunteers; background checks will be completed to keep the children safe.

City Manager Gary Esplin stated the museum is incredible. This is a tremendous start to making things better downtown and finishing off the vision.

Mayor McArthur explained the vision started with City Manager Gary Esplin and has moved along with a supportive City Council

Councilmember Pike advised that at the meeting he attended his morning with the Arts Commission, the Southern Utah Arts Guild made a presentation. Initially, some were bothered because they were pushed out of the building, but now believe that the Children’s Museum being there will be better. They have some good ideas for the Electric Theater and other properties which are exactly what the Mayor and Council want to see.

Councilmember Hughes stated one thing he has learned while on the City Council is that this is important to the City. A vibrant downtown says who we are as a City. He is excited about the museum and is grateful for Councilmember Bunker for what she has done.

Councilmember Almquist stated the City had great history and buildings in the downtown area. He is very excited to see the museum open.

Councilmember Nickle commented he hears how charming the downtown area is from citizens. He is very proud of the City and the downtown area.

City Attorney Shawn Guzman stated he believes the museum is a great idea. He would come to visit St. George for years while in college and has always loved walking downtown.

Mayor McArthur stated he is appreciative of the support all Councilmembers have shown for downtown. It is the heart and soul of our community.

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



St. George City Council Minutes
May 16, 2013
Page Nine

BEER LICENSE:
Consider approval for a full service beer license for the Courtyard by Marriott
at 185 South 1470 East. John Kevin Ence, applicant.

MOTION: A motion was made by Councilmember Pike to approve the beer license.
SECOND: The motion was seconded by Councilmember Bunkers.
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.


APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council meeting held April 25,
2013.

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.

Consider approval of the minutes of the City Council meeting held May 2, 2013.

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

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

ADJOURN TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Almquist to adjourn to a closed session to discuss property sales.
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.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Councilmember Almquist to reconvene and adjourn.
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.



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Christina Fernandez, City Recorder