City Council Minutes

Thursday, June 6,2013



ST. GEORGE CITY COUNCIL MINUTES
JUNE 6, 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
Support Services Manager Marc Mortensen
City Attorney Shawn Guzman
City Recorder Christina Fernandez

EXCUSED:
City Manager Gary Esplin
Councilmember Ben Nickle

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by City Attorney Shawn Guzman and the invocation was offered by Pastor Jimi Kestin.

Mayor McArthur read a proclamation announcing the week of June 15th as McQuarrie Memorial Week.

ROAD CLOSURE:
Consider approval of a road closure request for 75th Anniversary of the McQuarrie Memorial Museum. Daughters of Utah Pioneers, applicant.

Jeanine Vanderbergen with the Daughters of the Utah Pioneers Museum stated that on June 17th, they will be holding a special event on the front lawn and would like to close the street during the program between 5:00 and 8:00 p.m.

Mayor McArthur stated he would like the City to assist with the road closure and cover the cost.

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

Mayor McArthur invited all the Scouts in the audience to introduce themselves.

Mayor McArthur invited Monty Thurber up to speak about the Road Respect Event.

Monty Thurber stated the City received an award for promoting safety and awareness of bicyclists. He asked the audience to sign the pledge and presented the award to Councilmember Pike, who with his family, attended the event.

Councilmember Almquist stated he is proud that the City has designated streets to keep cyclists safe.

TABLED 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 home located at 538 East Los Alamitos Drive in a R-1-10 zone has been tabled from the agenda.

HANGAR LEASE:
Consider approval of an airport hangar lease with Corporate Air Service for site #53C.

Marc Mortensen advised Corporate Air Service was moving from one site to another.

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

Councilmember Bunker - aye
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June 6, 2013
Page Two

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

The vote was unanimous and the motion carried.

BID OPENING:
Consider award of bid for St. George Recreation Center floor remodel.

Budget and Financial Planning Manager Deanna Brklacich explained the bid is for the remodel and floor repair of the game room. Three bids were received; the lowest being from Chapman Construction in the amount of $56,037.00.

MOTION: A motion was made by Councilmember Almquist to award the bid to Chapman Construction in the amount of $56,307.00.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

BID OPENING:
Consider award of bid for 80 tons of Rye Grass Seed for Golf Courses and Softball Fields.

Budget and Financial Planning Manager Deanna Brklacich explained the bid is for the annual purchase of rye grass seed. The seed will be purchased in the next fiscal year; however, because this type of seed is hard to acquire, the City needs to order it as soon as possible. Three bids were received, the lowest being from Helena Chemicals and will not exceed $176,000.00. The amount of seed has increased from 80 to 84 tons from previous years.

MOTION: A motion was made by Councilmember Pike to award the bid to purchase 84 tons of Rye Grass Seed not to exceed $176,000.00.
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.

AGREEMENT:
Consider approval of an engineering services contract with Horrocks Engineering for the Mall Drive Bridge.

Budget and Financial Planning Manager Deanna Brklacich advised this request is a continuation of work on the Mall Drive Bridge which is a top priority project. The amount of the contract is $472,431.00.

Public Works Director Larry Bulloch explained the city has been talking about building this bridge for approximately six years, but the project was put on hold because of the Airport. The project budget has been established and a funding program is being developed. In an effort to reduce the costs, there have been two independent engineering studies done and the City has asked Horrocks Engineering to reevaluate their design. The request is to implement the cost saving ideas that were identified. Construction is set to begin this summer.

Mayor McArthur stated the main thing is to get the bridge across the river.

Mr. Bulloch presented a map showing where the bridge will be. He stated it will be over 600 feet long across the river to 3000 East. The City will build the bridge and is currently working with property owners to build the road. He explained some of the cost saving ideas. The bridge will be five lanes wide.

MOTION: A motion was made by Councilmember Pike to approve the agreement.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:
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June 6, 2013
Page Three

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a replacement bus for the Transit Division.

Budget and Financial Planning Manager Deanna Brklacich advised in the current budget year, the Transit Division was approved a new 18 passenger van; however since the engine blew on one of the 21 passenger busses, the Public Works Department is requesting to purchase a new bus rather than a van. This is a sole source bid with Hoglund Bus Company in Minnesota. The City gets the benefit of a state contract with Minnesota. Suntran is partially funded by the FTA, therefore the City’s portion will be 20% which is $22,951.00.

MOTION: A motion was made by Councilmember Almquist to award the bid for the purchase of the Suntran bus in the amount of $22,951.00.
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.

AGREEMENT:
Consider approval on a maintenance agreement with Vaisala to maintain aviation equipment at the Airport.

Budget and Financial Planning Manager Deanna Brklacich advised this request is for a sole source bid for a 3 year agreement with Vaisala in the amount of $59,580.00. Vaisala helped with the installation of the weather stations and navigational aids and is overseeing the maintenance currently. The City is required to have a maintenance agreement.

MOTION: A motion was made by Councilmember Hughes to approve the agreement with Vaisala to maintain the aviation equipment at the Airport in the amount of $59,580.00.
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.

ROAD CLOSURE:
Consider approval of a road closure, with assistance, request for a Flag Day event. Tim Murray, Dixie Elks Lodge, applicant.

Tim Murray, applicant, explained the event is an annual event to show patriotism and to teach the public about flag retirement that is free to the public. The event will take place at Town Square. They are requesting to close the shoulder to properly retire worn out flags by burning them.

Mayor McArthur explained the applicant would need to show proof of insurance prior to the event. In addition he would like the City to be a sponsor and assist with the closure.

City Attorney Shawn Guzman explained if the City is a sponsor, the requirement for additional insurance would be waived. He advised the applicants that they need to bring in the proper paperwork to prove they have insurance.

MOTION: A motion was made by Councilmember Pike to approve the partial road

closure and waive the fees as long as the applicant gets the required insurance.

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June 6, 2013
Page Four

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.

FEE WAIVER:
Consider approval of a fee waiver for the use of Town Square for a benefit concert. Rebekah Pectol, United Way, applicant.

Marc Mortensen stated Mike Wilson will be performing at the concert.

Rebekah Pectol, applicant, advised the United Way has allocated $350,000.00 to 17 non-profit agencies in the community. She explained the artist approached her just under a month ago and she has seen great support from the community. The United Way has a policy in which any donations they receive go back into the community. She is requesting a fee waiver for the use of Town Square.

MOTION: A motion was made by Councilmember Bunker to approve the fee waiver for the use of Town Square.
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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval for an on premise beer license for Jazzy’s Rock N Roll Grill located at 1973 West Sunset Boulevard #F. Reid Smeltzer, applicant.

Marc Mortensen advised additional approvals need to take place regarding zone requirements.

City Attorney Shawn Guzman explained if the request is approved, the applicants would still need to resolve the parking and zoning issues prior to opening the business.

Reid Smeltzer stated he has owned Jazzy’s for nineteen years. When he heard the plans for widening Bluff Street, he wanted to plan for the future and move his business to another location on Sunset Boulevard. He plans on staying in both locations until the Bluff Street project moves forward.

MOTION: A motion was made by Councilmember Hughes to approve the beer license.
SECOND: The motion was seconded by Councilmember Pike with the conditions upon zoning and legal issues.
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.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of an amended final plat for Tonaquint Terrace Phase #2, 2nd Amended and Extended.

Todd Jacobsen stated the purpose of this final plat amendment is to add a 20 foot wide strip of land that will also be a public utility and drainage easement.

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



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June 6, 2013
Page Five

MOTION: A motion was made by Councilmember Bunker to approve the final plat of Tonaquint Terrace Phase 2.
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
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to receive public input on the Fiscal Year 2013-2014 budget.

Mayor McArthur advised the budget is not being adopted tonight and that it is on the City’s website for viewing.

Marc Mortensen stated a copy of the budget is also available in print in the City Recorder’s Office.

Mayor McArthur opened the public hearing.

Mayor McArthur explained the budget has to be in place by July 1st.

Marc Mortensen stated the State requires the City to hold one public hearing; however the City holds two. The second will be next Thursday.

William Way, resident of St. George, stated he wanted clarification on three accounts in the 4110 budget. He asked what is included in the following accounts: 2100, subscriptions and memberships; 6100, sundry charges; and 2300, travel and training.

Mayor McArthur asked Budget and Financial Planning Manager Deanna Brklacich to address Mr. Way.

Deanna Brklacich explained the majority of the 2100, subscriptions and memberships budget is for the Utah Cities and Towns who represent the City with the State; the cost is based on population and sales tax. Sundry charges, the 6100 account, is used for sponsorships such as Ironman, Huntsman World Senior Games, St. George Magazine as well as numerous others. Travel and training, the 2300 account is based upon historical expenses and is used to pay the cost for the Mayor and City Council to attend the Utah League of Cities and Towns conferences as well as legislative conferences.

Ed Baca, citizen of St. George, stated he wanted to give recognition to efforts the City has made with prioritizing items in the budget particularly with regards to transportation in the development of Mall Drive Bridge. He would like the City to continue with expanding the Children’s Museum.

Councilmember Almquist explained one of the reasons the Mayor and City Council travel to meet with other agencies and municipalities is to learn what grants may be available to the City.

Mayor McArthur stated the City may benefit more by what is learned at a particular meeting, than it would cost to travel there.

REPORT FROM HILLSIDE RECLAMATION COMMITTEE:
Report from the Hillside Reclamation Committee regarding reclamation of the West Black Hill.

Mayor McArthur explained how the committee came about. He introduced Jennifer Kraft, Chairman of the Hillside Reclamation Committee.

Jennifer Kraft explained the committee consists of 10 individuals asked by Mayor McArthur to make recommendations on fixing the scar on the hillside. She presented a power point presentation that covered the following topics: Black Hill Hillside Reclamation; Hillside Reclamation Committee; The Scar Consists of Two Parcels; row of 16 Townhomes & 25 ft. Private Road; 6.7 Acre Red Scar; 6.7 Acre with Rendering; Aerial View; 900' Long “eyebrow” cut on City Property; Existing Profile; Slope Contour after Transfer of Rocks & Soil; Areas of restoration to original habitat; Cost Estimate for 600 ft.; Shotcrete or Gunite; With Scar Removed.


Mayor McArthur explained the committee is recommending to cover portions of the scar with a development of some sort. He recommended the City set funds aside to
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June 6, 2013
Page Six

repair the scar which happened 26 years ago. The City received a $50,000.00 donation to help with the project if the City decides to move forward with the repair.

Councilmember Pike stated he is in favor of moving forward.

Councilmember Almquist explained as the hill is excavated, there will be additional rock that can be used. Parts of the scar have already been repaired. He worries a bit about erosion of the road that will be left in the area. The City did not own the property when it was cut but he would like the City to completely restore the hillside.

Councilmember Bunker stated she feels the committee has come up with viable options to repair the hillside. If the community can help as well, that would be great.

Mayor McArthur asked Marc Mortensen to move ahead with the project.

SET PUBLIC HEARING:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held May 28, 2013, recommended that public hearings be scheduled for June 20, 2013 to consider a zone change request from PD-R to OP and to amend the “Fossil Hills PD Master Plan” by deleting 23.69 acres of PD-R zoning and replacing it with OS zoning. The owner is SITLA and the representative is Progressive Contracting, Inc., Mr. Russell Limb.

MOTION: A motion was made by Councilmember Pike to set the public hearings as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Todd Jacobsen presented a final plat for The Cliffs at Snow Canyon, a one lot residential single family subdivision located at 3052 Snow Canyon Parkway.

MOTION: A motion was made by Councilmember Bunker to approve the plat and authorize the Mayor to sign it.
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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Zions Bank to create two commercial lots located at 717 South River Road, zoning is AP and C-2. Lot 1 is 1.22 acres and lot 2 is 0.73 acres. The developer is proposing a cross access agreement and a shared parking agreement between the two lots. Currently, the property line between the two parcels extends through the middle of the existing bank. This plat will locate the property line in a more suitable location.

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

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

The vote was unanimous and the motion carried

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Stone Cliff - Phase 12, a two lot residential subdivision on 1.57 acres located along the private street Pinnacle Drive at the top of Stone Cliff on the south end, zoning is PD-R. All roadway improvements have been installed along the frontage. The developer will be required to extend the
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June 6, 2013
Page Seven

existing sewer line and add rock walls. The Planning Commission approved the request in January; however, the Water Department is requesting the developer donate the adjacent property to the City since a City water tank sits on the property. The owner wanted to think about it. Mr. Traveller owns the property with other individuals and feels now is not the time to donate the property to the City.

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

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

The vote was unanimous and the motion carried

HILLSIDE DEVELOPMENT PERMIT:
Ray Snyder presented a request for a hillside development permit for a proposed residential subdivision to create thirty-three single family residential lots called Kachina Cliffs Phase 3 on approximately 23 acres, zoning is PD-R. He explained this request went before the Hillside Review Board in May and they recommended approval of the rock fall mitigation plan as presented and to condition the hillside permit to require legal access to maintain the drainage. The developer shall construct a ditch behind lots 30 and 31 and additional boulders to mitigate rock fall potential. The Planning Commission recommends approval with the Hillside Review Board’s comments and conditions.

Scott Duffin with Horrocks Engineering advised there is a trench that is dug into the ground so if a rock falls, it will fall into the ditch. He stated AGEC has used this method previously and have been very careful and methodical in calculating the falling rock.

MOTION: A motion was made by Councilmember Almquist to grant the hillside development permit and include the findings of the rock fall hazard report that was sent to the City.
SECOND: The motion was seconded by Councilmember Hughes.

Councilmember Bunker inquired how will it be known that the area remain a no disturb zone.

Mr. Duffin replied the plat will have to be noted.

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 to amend a conditional use permit to add “substance abuse treatment” and “other behavioral addictions” to the approved treatment program at Desert Solace located at 4200 North 1239 West and to increase the maximum occupancy. Mark Jorgensen, applicant.

Ray Snyder explained Desert Solace has been in operation since 2012 as a marriage and family rehabilitation center. The applicant would like to add substance abuse and other behavioral addictions to the treatment program. In addition, the applicant would like to increase the approved occupancy from 10 to 16 people.

Councilmember Hughes advised no one commented at the Planning Commission Meeting. He stated the applicants found that some individuals have cross addictions and would like to treat all addictions at the same time. In addition, insurance companies may not always allow for payment of certain treatment. He spoke with neighbors of the facility and they were not aware the facility was there.

Mr. Snyder provided a community impact report.

Mark Jorgensen, applicant, stated the treatment protocol will not change.



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June 6, 2013
Page Eight

MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit to include substance abuse treatment and other behavioral addictions as approved by the Planning Commission as well as increasing the occupancy from 10 to 16.
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.

CONSERVATION MANAGEMENT PLAN:
Consider approval to initiate Stage I of the drought management plan.

Rene Fleming, W&E Conservation Coordinator, stated this is a routine request for the summer months to raise awareness for the need to conserve, specifically with respect to outdoor watering. She explained the request applies specifically to culinary water. She asked for a mandatory watering restriction of day time watering and watering be allowed between 8:00 p.m. and 8:00 a.m. She said the restrictions would not apply to use of irrigation quality water or to reuse water.

Mayor McArthur commented it is great to ask the community to conserve water.
Ms. Fleming said citizens can take advantage of the free Lawn Water Audit program by calling Julie at 673-3617 to make an appointment for someone to come and assess their landscaping system. Washington County is looking to add other programs in the near future. If the City does not have a program, Washington County may.

MOTION: A motion was made by Councilmember Hughes to approve the request to enter Stage I of the Drought Management Plan.
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
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes of the City Council meeting held on May 9, 2013.

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

The vote was unanimous and the motion carried.



St. George City Council Minutes
June 6, 2013
Page Eight

APPOINTMENTS:
Appointments to boards and commissions of the City.

Mayor McArthur advised he would like to appoint Ron Larsen, James Dotson and James Sullivan to the Hillside Review Board and Paul Iverson and Doug Alder to the Historic Preservation Board. All are four year terms.

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

The vote was unanimous and the motion carried.

ADJOURN TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Bunker to adjourn to a closed session to discuss possible litigation.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.


___ Christina Fernandez, City Recorder Date