City Council Minutes

Thursday, June 20,2013



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 20, 2013
CITY COUNCIL CHAMBERS

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

EXCUSED:
Councilmember Jon Pike

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge allegiance to the flag was led by Aidan Peterson, scout, and the invocation was offered by Councilmember Almquist. He invited all Scouts in the audience to introduce themselves.

Mayor McArthur stated the City has firework restrictions in place. Additional information can be found on the City’s website. He mentioned the Daughters of Utah Pioneers is celebrating their 75th Anniversary. He invited Haley Warner to speak.

Haley Warner presented a You Tube video which tells the story of her parents, Leslee and David Henson, who were walking along Dixie Drive in March of 2013. A distracted driver, who was texting while driving, caused an automobile accident which severely injured Leslee and caused David’s death. Ms. Warner stated her family began speaking to high school students to educate them about driving distracted and put up signs in the parking lots to remind drivers that it is against the law to text and drive. She asked the City Council to put the signs around the City.

Chief Marlon Stratton stated he has met with the family. He feels it is senseless to use cell phones while driving and the Police Department is strictly enforcing the law. There is no phone call or text message that is more important than driving safely.

City Manager Gary Esplin stated the City should put the signs wherever possible.

City Attorney Shawn Guzman explained Cameron Cutler is looking into which locations would be best to install the signs.

City Manager Gary Esplin stated City policy states that while driving a City vehicle, employees are not to use their cell phones.

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.

AWARD OF BID:
Consider approval of a professional agreement with Bowen Collins & Associates for engineering services for the design and construction of the SGRWR Facility Centrifuge #3 Installation Project.

Water Services Director Scott Taylor advised this request is a professional services agreement for the design and construction management of the installation of the third centrifuge at the waste water treatment plant. Once installed and operational, the two existing centrifuges will be sent to the factory for recondition and upgrade.

MOTION: A motion was made by Councilmember Hughes to approve the agreement for $32,499.00.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

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June 20, 2013
Page Two

RESOLUTION:
Consider adoption of a resolution authorizing the issuance and sale by the issuer of its taxable General Obligation Refunding Bonds. Series 2013 in an aggregate principal amount of not to exceed $9,600,000.00 and related matters.

City Manager Gary Esplin explained significant fluctuation in the market has taken place in the last few days. He recommended approving a resolution that would authorize the sale of the bonds and create a committee consisting of the Mayor, City Manager and Finance Director to take advantage of the savings when the market levels out. The language would read “delegating to certain officers of the issuer the authority to approve the final terms and provisions of the series 2013 bonds within the parameters set forth within.”

MOTION: A motion was made by Councilmember Almquist to adopt the resolution authorizing the committee to pursue the issuance and sale by the issuer of its taxable GO Refunding Bonds in the aggregate amount of $9,600,000.00 and related matters in accordance with the language dictated by the City Manager.
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 Hughes - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin commented there are several bond issues in the market that were pulled and this has been very unexpected.

FEE WAIVER:
Consider approval of a fee waiver for the use of Town Square for a Dixie State University Film Program event. Matthew Black, applicant.

Matthew Black with the Dixie State University film department explained they are making a movie about Juanita Brooks. They are requesting a fee waiver to use Town Square to hold a carnival to raise money to make the movie. The carnival will be free and will include a silent auction and raffle. The movie, directed by Phil Tuckett and produced by students, will be a feature film for DocUtah in 2015.

MOTION: A motion was made by Councilmember Bunker to approve the fee waiver.
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 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 Learning Center 20th Reunion Celebration. Debbie Justice, applicant.

Debbie Justice, Executive Director for The Learning Center, stated they are requesting a fee waiver for the use of Town Square for their 20th reunion event. The event will be held on September 21st.

MOTION: A motion was made by Councilmember Hughes to approve the fee waiver.
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 Hughes - aye

The vote was unanimous and the motion carried.
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Page Three

SET PUBLIC HEARING:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held June 11, 2013, recommended that a public hearing be scheduled for July 11, 2013 to consider a zoning regulation amendment to Title 10, Chapter 13A, Hillside Development Overlay Zone, Section 10-13A-4 “Density and Disturbance Standards” to add paragraph #5 to provide exceptions for the realignment of existing public streets for safety reasons, and also for unmanned/unoccupied public utility facilities.

MOTION: A motion was made by Councilmember Bunker to set the public hearing as recommended.
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 Hughes - aye

The vote was unanimous and the motion carried.

FINAL PLATS:
Project Manager Todd Jacobsen presented the final plats for Ancestor Estates Phase 2, a ten lot single family subdivision located at 2830 East 1350 South and Zion’s Bank Subdivision, a two lot commercial subdivision located at 717 South River Road.

MOTION: A motion was made by Councilmember Almquist to approve the final plats and authorize the Mayor to sign them.
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 Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Development Services Manager Wes Jenkins presented the preliminary plat for Sun River Phase 37-41 to create four phases of an eighty residential lot subdivision located south of Angel Arch Drive between Pearl Vista Drive and English Ivy Drive in the southern edge of the Sun River property, zoning is PD-R. Because of the existing topography, the developer is proposing to install a number of rock walls within the development. English Ivy Drive and Pearl Vista Drive are planned to extend in the future to the SITLA property south of Sun River. The interior streets will be thirty foot private roadways.

MOTION: A motion was made by Councilmember Hughes 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 Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Development Services Manager Wes Jenkins presented the preliminary plat for Mulberry Estates Phase 6 to create fourteen single family residential lots located at the northwest corner of the intersection 3000 East and north of Crimson Ridge Drive, zoning is R-1-2, with asphalt pavement, curb, gutter, a 10' regional trail, 6' high privacy wall, double fronting lots and a 10' landscape strip. The developer will be required to provide a deceleration lane along 3000 East. The 10' landscape strip will narrow to 5' along the deceleration lane.

MOTION: A motion was made by Councilmember Bunker 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

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June 20, 2013
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Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Development Services Manager Wes Jenkins presented the preliminary plat for Rim Rock Subdivision, a one lot commercial subdivision located along River Road at approximately 250 South, zoning is PD-C. The developer is proposing to subdivide the property to create an additional lot.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Development Services Manager Wes Jenkins presented the preliminary plat for Deserts View Phase 1, an eight lot residential subdivision located south of the Southern Parkway and west of Desert Canyons Parkway, zoning is PD-8. Comments from staff are: 1) The developer will be required to improve Desert Canyons Parkway and Deserts Edge Drive, including the round-about; 2) The developer is proposing to mass grade lots 1-3, 7 and 8 and proposing to leave lots 4-6 undisturbed except where the cul-de-sac needs to be filled or cut; 3) There is a regional trail on the west side of Deserts Edge Drive that will be part of this project; 4) Lot 4 is being proposed as a flag lot; 5) The developer will be required to designate as open space an area equal to 15% of the total area of the subdivision; and 6) The developer is proposing to build a round-about and islands in Deserts Edge Drive. Any landscaping in these will be owned and maintained by the HOA for Desert Canyons.

Councilmember Bunker stated she is concerned about pedestrians walking along the road, it may be a bad decision not to install a sidewalk.

Councilmember Hughes stated the Planning Commission hopes that those walking will use the regional trails. He explained there was a dissenting vote because of a concern regarding the lighting being dim as well there being only one sidewalk.

MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat with comments 1-6 from staff.
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 Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Development Services Manager Wes Jenkins presented the preliminary plat for Legends of Cactus Flats, a twelve-lot residential subdivision located along the west side of 2100 East north of 2450 South, zoning is R-1-10. He explained this item has been heard three times at Planning Commission meetings and that it was recommended John Hafen and Glen Bundy work out the issues regarding the road. The road is a proposed master planned roadway on the north side of the project that is planned to extend through the property to 2100 East. The developer is proposing that the roadway not be extended through the property. To do this, the City would require that 2330 South street be vacated from where it currently ends. Planning Commission recommended denial of the Preliminary Plat and the applicant is appealing that recommendation to the City Council.

Councilmember Hughes stated this request is not an easy one. The Planning Commission would like the two property owners to reach an agreement. Options were presented, but neither party agreed. He explained the applicant believes the

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road is not needed since it stops at the end of his property and Mr. Hafen stated he will need the road when he develops his property.

Roger Bundy stated there will not be enough width to have lots on both sides. He explained both owners have met with City Attorney Shawn Guzman to work something out, but Mr. Hafen does not want to do anything at this time.

John Hafen explained if the master plan road is not used, it will devalue his property. He does not have plans to develop at this time. He stated the City staff presented alternatives that were reasonable to both parties.


Mr. Bundy stated he has not looked at the other options but believes they will not be workable. He explained small homes are not desirable and feels there are not many other options.

Councilmember Almquist commented alternative 3 gives Mr. Bundy twelve lots which is what the proposal is requesting.

Terry Wade, legal counsel for Mr. Bundy stated since the road is master planned, both parties will have to dedicate property in order to build the road.

Mr. Bundy does not believe alternative 3 will provide twelve lots.

City Attorney Shawn Guzman stated the road is a master planned roadway. Mr. Bundy may have to develop in two phases. The City Council has always considered circulation.

City Manager Gary Esplin commented the number of lots gained by a property owner is not guaranteed. The master planned road can be used but not with the plan presented. He stated he would like both parties to work with staff to determine roads, looking at alternatives.

MOTION: A motion was made by Councilmember Almquist to table the item to the next regular meeting.
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 Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public Hearing to consider a zone change from PD-Res (Planned Development Residential) to Open Space and to amend the Fossil Hills PD Master Plan by deleting 23.69 acres of PD-Res zoning and replacing it with Open Space Zoning located east of River Road at approximately 3600 South. SITLA, and PCI, Russ Limb, applicants.

City Planner Ray Snyder stated the request is for a zone change from PD-Res. If approved, various aspects and concerns relating to gypsum mining will need to be addressed as part of the conditional use permit process.

Mayor McArthur opened the public hearing.

Ron Drew, resident, stated he owns property in the area. He does not think using the property for gypsum mining is a good thing. There is blasting with dust and rock with the existing mine and it does affect him currently.

City Manager Gary Esplin stated there may be an enforcement issue if spillage is coming from the truck. He asked the applicant to address the issues.

Mayor McArthur advised this request is only a zone change request.

John Wilson, applicant, stated he is not aware of any spillage, all trucks are to be covered. He would like to be a good neighbor. However, they cannot produce gypsum without blasting.

City Manager asked Fire Chief Stoker if the Fire Department is involved with checking the amount of charge that can be used when blasting.

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Chief Stoker stated a blasting permit is issued. At times there have been issues in the past. A seismograph will be used anytime there is blasting near utility or residential.

Mr. Wilson stated he keeps the seismograph results that can be seen at any time.

Mayor McArthur closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to approve the zone change on 23.69 acres to open space zoning.
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 Nickle - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/CRIMINAL JUSTICE GRANT:
Consider approval of the 2013 Justice Assistance Grant for the Police Department.

City Manager Gary Esplin advised a requirement of the grant is to consider public comment. He explained, the grant in the amount of $13,869.00, will be used for wireless data transfer software, a computer server, a wireless access point and in-car wifi compatible video cameras. Action does not need to be taken unless public comment requires it.

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

PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amendments to the 2012-2013 fiscal year budget.

City Manager Gary advised if anyone was present to speak at the public hearing, he would present the items, otherwise, he would like to keep the hearing open for a while.

Mayor McArthur opened the public hearing and continued it for public comment to be heard later in the meeting.

HILLSIDE DEVELOPMENT PERMIT:
City Planner Ray Snyder advised this request goes along with the conditional use permit. Planning Commission recommends approval of an unmanned utility regulator station on the southwest corner of Bluff Street and Snow Canyon Parkway. There was concern with regards to aesthetics. The applicant has designed the station to be as attractive as it can be. He explained that Questar owns the property. The Hillside Review Board supports this project; however, they recommended denial due to a conflict in the density and disturbance standards.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to construct natural gas regulator station on the southwest corner of Bluff Street and Snow Canyon Parkway. Questar Gas, applicant.

Councilmember Almquist stated Questar needs to understand that the City does not look the other way when cutting into the hillside.

Mr. Snyder read the conditions of the Planning Commission as follows: 1) The site shall be designed as presented as “Concept 8" to the Planning Commission on June 11th and the City Council on June 20th; 2) The elevation shall be raised a minimum of 4 feet to decrease the amount of cut and fill and to decrease visibility from Bluff Street; 3) Modify the cut slop from 2:1 to 1.5:1 (steeper slope); the slope cross sections as shown on Concept 8 may be 3% (see grading plans); 4) No scar shall be created; the west hillside and east hillside of the site shall be mitigated to blend-in and match the natural undisturbed hillside. This shall be accomplished by a combination of matting, seeding, mulch, and setting rock and rock barriers. Soil colorization and aesthetic mitigation may also be required as presented (by working with a company such as Soil Tech that specializes in this field). The mitigation shall also be designed to not erode and shall be maintained; 5) This site shall have contiguous landscaping complimentary to the design selected by UDOT for the

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adjacent new interchange (excepting those hillside areas as described in item #4 above). The City Traffic Engineer shall work closely with UDOT and City staff to coordinate this effort; 6) Allow an eight (8') high solid precast wall around the site; 7) Shift the drive approach further west as shown on the June 20th presentation to the HSRB; 8) Submit a SPR (Site Plan Review) application along with the required civil engineering plans for staff review and processing; 9) The ground surface area/aggregate base/rock color shall not be red as shown in the renderings, but shall instead be a color complimentary to the natural environment; and 10) The exposed above ground piping color shall be colored to blend with the natural environment.

Councilmember Hughes advised the item was tabled because of concerns that it would change the look of the overpass. The proposed site is seven acres and will need to disturb up to three acres of the hillside. He explained the applicant presented mitigation efforts to make the site more appealing.

City Manager Gary Esplin stated the other concern is that the property goes to the top of the hill. He believes the best thing would be to continue with the landscaping being used for the interchange.

Mayor McArthur stated that although Quester currently owns the property, portions of it can be sold. He would like to see it remain open space.

Seth Plaizier with Questar Gas explained they are not interested in selling the property nor do they want to develop anymore. With regard to landscaping they will do whatever is requested of the City Council.

City Attorney Shawn Guzman advised Councilmembers can put the condition as part of the conditional use permit, that the applicant come back with landscaping plans.

Mr. Plaizier stated Questar is willing to do whatever is asked of the City Council.

City Attorney Shawn Guzman advised changing the zone and general plan to open space.

MOTION: A motion was made by Councilmember Hughes to approve the hillside development permit for Questar Gas for the location on Bluff Street and Snow Canyon Parkway subject to the mitigation of the hillside cut and to table the conditional use permit until there is a landscape plan that the Council will agree to.
SECOND: The motion was seconded by Councilmember Bunker.

City Attorney Shawn Guzman explained as long as Questar Gas agrees with the process, they can move forward.

Mayor McArthur stated the conditional use permit will need to come back before City Council for zoning and will have the condition that the rest of the property not be developed.

City Attorney Shawn Guzman stated items 6 and 9 of the previous mentioned conditions will come back before City Council as part of the conditional use permit.

Councilmember Hughes amended his motion to remove conditions of the Planning Commission numbered 6 and 9.

VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised the landscaping should hide the facility and match what is being used on the new interchange. He encouraged the applicant work to with staff to devise a plan.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to operate an auto salvage
business located at 985 East 700 North. Matt Thomas, applicant.

City Planner Ray Snyder presented the request for conditional use permit to operate an auto salvage business located at 985 East 770 North Street and also approval for a caretakers unit for security at the same location. He advised the business will not
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look like a junkyard and will not stock pile cars. Planning Commission recommends approval with the following conditions: 1) The applicant shall maintain the screening of all outside storage from view on 770 North Street. The chain link fencing and slats shall be maintained in good condition. The site line from the street shall prevent seeing any stockpiled materials on site; 2) The applicant shall meet all requirements of the IBC and relevant fire codes; 3) All operations either indoors or outdoors shall comply with all requirements as set by the City Fire Marshall; 4) The applicant shall drain all vehicular fluids and dispose of as required by the procedures approved by the City Fire Marshall; 5) The applicant shall comply with all applicable SWPPP (Storm Water Pollution Prevention Plan) requirements to avoid any soils or water contamination; 6) The maximum storage height inside or outside of the building shall comply with all requirements as set by the City Fire Marshall; 7) A business license is required and inspection shall be required prior to occupancy; 8) The applicant shall mitigate potential fire hazards such as the removal of any bushes and/or debris on the hillside or yard site to avoid brush or material fires. Work with the Fire Marshall as required;9) Restrict a caretakers unit to night use only. No full time residence shall be permitted; and 10) Comply with CUP findings.

Matt Thomas, applicant, stated he will be responsible for disposing used oil and will not store anything. He does not plan on stock piling and expects automobiles to move in and out quickly.

Councilmember Hughes inquired about the future of the road.

Mr. Thomas explained the road ends half way into his property. He will share the cost with the adjacent property owner to improve the road.

City Attorney Shawn Guzman advised the roadway is unnecessary at this time. When the time comes, a development agreement can be recorded.

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit with the conditions of the Planning Commission in addition to having a development agreement for the roadway when the time comes.
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 Hughes - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to establish a small café at 3 North Main Street. Leslie Bosworth, applicant.

City Planer Ray Snyder presented a conditional use permit to establish a small café located at 3 North Main Street. He explained that because the store lacks the required on-site parking, a conditional use permit is required.

Leslie Bosworth, applicant, stated this is something St. George does not have. The café will have a french vintage feel with indoor and outdoor seating and will feature Grandma Tobler’s pastries as well as other locally made items.

MOTION: A motion was made by Councilmember Almquist to grant the conditional use permit for permission to establish a coffee shop and small pastry shop named Le Café.
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 Hughes - aye

The vote was unanimous and the motion carried.

BUILDING DESIGN CONCEPTUAL SITE PLAN:

City Planner Ray Snyder presented the building conceptual site plan for a one story Nissan dealership located at the recently vacated 1700 South Street and adjacent property. He explained the Planning Commission approval with the following

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conditions: 1) Approval is recommended for an approximately 12,573 sq. ft. single story car dealership building as presented on May 28, 2013 to the Planning Commission; 2) Parking to be verified by staff during plan check to meet ordinance; 3) The architectural theme, colors, and materials are recommended for approval as were presented on May 28, 2013; 4) A SPR (site plan review) application shall be submitted along with the required civil engineering plan sets to the Community Development Department for plan checking and processing; and 5) The site shall be designed with “dark sky” friendly lighting and will avoid any light pollution to the neighbors. A photometric plan shall be provided along with the SPR application in the civil engineering plan set.

Bill Western, architect for Stephen Wade advised the Nissan Dealership will have a mezzanine floor for parts storage but will not raise the height of the building. In addition, the present Chevrolet/Cadillac building will be changed into a Toyota facility and the existing Toyota building will be remodeled into a Chevrolet/Cadillac facility.

Stephen Wade, applicant, stated Chevrolet would like all dealerships to resemble each other. He is trying to make all brands image compliant by remodeling them.

MOTION: A motion was made by Councilmember Almquist to approve the building design conceptual site plan for the Stephen Wade Nissan dealership subject to the recommendations of the Planning Commission.
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 Hughes - aye

The vote was unanimous and the motion carried.

MOTION: A motion was made by Councilmember Almquist to approve the building design conceptual site plan for the Stephen Wade Chevrolet/Cadillac changes subject to the recommendations of the Planning Commission.
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 Hughes - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Ivins City for public transit service.

MOTION: A motion was made by Councilmember Bunker to approve the agreement as presented in a previous work meeting.
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 Hughes - aye

The vote was unanimous and the motion carried.

Mayor McArthur advised the route is a commuter route that will go from Sunset Boulevard into Ivins and cannot stop along the way.

AGREEMENT:
Consider approval of a Landscape Maintenance Agreement with Quality Development for maintenance of landscaping on portions of Little Valley Road.

Development Services Manager Wes Jenkins explained the agreement stated that Quality Development will pay the City’s landscape maintenance cost for ten years for landscaping installed by Quality Development in the public right of way along their development’s frontage on Little Valley Road. When Sun Valley phase 12 is
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developed, Quality Development will pay a one time fee of approximately $63.00 per lot for a total of approximately $33,000.00.

City Manager Gary Esplin advised the design was approved by the Parks Department.

MOTION: A motion was made by Councilmember Almquist to approve the landscape agreement with Quality Development as explained.
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 Hughes - aye

The vote was unanimous and the motion carried.


City Manager Gary Esplin moved back to the public hearing on the budget opening.

Mayor McArthur inquired if anyone that would like to speak in the public hearing regarding the budget. There being no public comment, he closed the public hearing.

City Manager Gary Esplin advised that most of the changes to the General Fund have been discussed during the fiscal year. He explained revenues were underestimated and expenditures were over estimated, therefore, the recommendation is to transfer approximately $3.5 million to the Capital Projects Fund.

MOTION: A motion was made by Councilmember Bunker to approve the recommended budget amendments by resolution.
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 Hughes - aye

The vote was unanimous and the motion carried.

LAND ACQUISITION:
Consider approval of a land acquisition from Property Reserve, Inc. for the 3000 East, Phase I, Roadway Improvement project.

Engineering Services Manager Jay Sandberg explained the City has been working with Property Reserve, Inc. to acquire land for the construction of 3000 East. They have accepted the City’s offer to purchase 4.1 acres of right of way for $135,330 which is about 50% of the appraised value. The City will fully improve 3000 East and a portion of 1580 East at the intersection with 3000 East.

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

The vote was unanimous and the motion carried.

CITY MANAGER CONTRACT:
Consider approval of the City Manager’s contract.

Mayor McArthur advised that City Manager’s current contract will expire June 30th. He recommended to give the City Manager a 4% increase to bring his annual salary to $149,604.82 in addition to cashing out an additional 32 hours of paid time off.

MOTION: A motion was made by Councilmember Nickle to approve the contract.
SECOND: The motion was seconded by Councilmember Almquist.

VOTE: Mayor McArthur called for a vote as follows:


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Page Eleven

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

The vote was unanimous and the motion carried.

APPOINTMENTS:
Mayor McArthur recommended that he would like to appoint Tom Culver to the St. George Housing Authority Board to replace Gary Carter.
MOTION: A motion was made by Councilmember Bunker to appoint Tom Culver to St. George Housing Authority Board.
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 Hughes - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes of the City Council meeting held on May 16, 2013.

MOTION: A motion was made by Councilmember Almquist to approve the minutes with a change to page 10, line 45; he would like it to read “he was opposed to this road continuing to the west”.
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 Hughes - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes of the City Council meeting held on May 23, 2013.

MOTION: A motion was made by Councilmember Hughes 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 Hughes - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes of the City Council meeting held on May 29, 2013.

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


The vote was unanimous and the motion carried.





St. George City Council Minutes
June 20, 2013
Page Twelve

MINUTES:
Consider approval of the minutes of the City Council meeting held on May 30, 2013.

MOTION: A motion was made by Councilmember Hughes 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 Hughes - aye

The vote was unanimous and the motion carried.

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
MOTION: A motion was made by Councilmember Hughes to adjourn to a Redevelopment Agency Meeting.
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 Hughes - aye

The vote was unanimous and the motion carried.

CLOSED SESSION:
MOTION: A motion was made by Councilmember Bunker to adjourn to a closed session to discuss possible litigation and property purchase.
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 Hughes - aye

The vote was unanimous and the motion carried.


The meeting then adjourned after the closed session.






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Christina Fernandez, City Recorder