City Council Minutes

Thursday, July 11,2013



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 11, 2013
CITY COUNCIL CHAMBERS

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

EXCUSED:
Councilmember Gail Bunker

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The Pledge of Allegiance was led by Trent Anderson, scout, and the invocation was offered by Reverend Alex Wilkie. He invited all Scouts in the audience to introduce themselves.

Mayor McArthur announced the next movie being shown at the Sunset on the Square. He also mentioned the 100th anniversary of IHC.

FINANCIAL REPORT:
Consider approval of the financial report for May, 2013.

City Manager Gary Esplin stated the report shows the City is right on with most expenditures. A budget opening was approved in June to make corrections on some areas that were not anticipated.

Councilmember Almquist inquired about the big surge in the fire impact fund.

City Manager Gary Esplin explained legislature allows the City to charge commercial impact fees which are used to purchase certain pieces of equipment.

Mayor McArthur noted sales tax is up 10.27%, franchise fees are up 5.1%, building permits are up 32% and highway sales tax is up 13.48%.

MOTION: A motion was made by Councilmember Almquist to approve the financial
report for May 2013.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Ray Snyder advised that the Planning Commission, at its meeting held July 9, 2013, recommended that a public hearing be scheduled for August 1, 2013 to consider (1) a proposed amendment to Title 10, Chapter 7B, single Family Residential Zones, section 10-7B-6.G to provide for lot size averaging in the R-1-8 zone, (2) a PD-C zone change amendment request to add “the sale of decorative rock and gravel’ to the permitted use list for Star Nursery located at 1335 south Dixie Drive, and (3) a zone change from Mining & Grazing and A-1 to R-1-10 on 53.40 acres and to R-1-8 on 21.60 acres located north of Crimson Ridge Drive and east of 3000 East Street.

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

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

The vote was unanimous and the motion carried.



St. George City Council Minutes
July 11, 2013
Page Two

FINAL PLATS:
Todd Jacobsen presented the final plats for Crimson Ridge Drive Church Subdivision,
Hidden Valley Open Space, Rim Rock Subdivision, and Sun River St. George Phase 36.

Councilmember Almquist inquired if the Rim Rock Subdivision includes the area from Lowe’s to Olive Garden.

Mr. Jacobsen advised the Target subdivision was never subdivided. Target owns the land and this portion will be subdivided.

MOTION: A motion was made by Councilmember Pike to approve the final plats and authorized the Mayor to sign them.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the Preliminary Plat for Vistas at Entrada (Kachina Cliffs Phase 3) for thirty-three residential lots on 22.78 acres. The property is zoned PD-R and is located at the end of Cougar Rock Circle. He explained the area along the north side will be designated as a “No Disturb” area. All proposed roadways within the subdivision may be private roads. Drainage from the hillside and subdivision will be collected in the proposed


drainage system and conveyed to the existing wash on the north side of the project. Lots 30 and 31 will have a minimum 6 foot deep and 10.5 foot wide trench excavated along the backside for rock fall mitigation.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the Preliminary Plat for 9th Fairway Subdivision, a sixty-two lot residential subdivision on 16.51 acres located on the east side of SR-18 and south of the existing round-about and south of hole 9 on the Ledges golf course. Zoning will be PD-R and the density will be 3.76 dwelling units per acre. The developer is proposing to use the 45-foot roadway cross-section for the interior streets. There will be an HOA that will maintain the common and limited areas. Lots 37-48 will be double fronting lots and will require a 10-foot landscape strip and a privacy wall. The developer will be putting in a 70 foot road with 10 foot landscape strip on both sides. Staff did not recommend it be a 90 foot road at this time since the landscape strips could be used to widen the road in the future.

Mayor McArthur inquired if the common and limited areas will be “do not disturb”.

Mr. Jenkins replied it is fairly steep. The developer will have to grade into the area, therefore, they will have to do some sort of mitigation to get it back to its natural state.

City Attorney Shawn Guzman advised if the road is ever built, the Council can require and easement on either side.

City Manager Gary Esplin stated staff will have to speak to the developer regarding these issues.

MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat with instruction to staff to speak with the developer to discuss an easement and the do not disturb area.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:
St. George City Council Minutes
July 11, 2013
Page Three

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Ledges - White Rocks Subdivision, a sixty-five lot residential subdivision located on the east side of SR-18 and south of hole 9 on the Ledges Golf Course, density is 3.37 dwelling units per acre, zoning is PD-R. The developer is proposing to use the 45 foot roadway cross-section for the interior streets and pads with common area and limited common area that will be maintained by the HOA. Lots 37-48 will be double fronting lots and will require a 10-foot landscape strip and a privacy wall.

MOTION: A motion was made by Councilmember Pike to approve the preliminary plat with the conditions of the Planning Commission.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised density requirements are being met at this time, but will have to be looked at when the Master Plan comes before Council.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Las Colinas Phase 4, a seven lot subdivision located on the west side of Pioneer Road at approximately 4000 South, density is 3.19 dwelling units per acre, zoning is PD-R. A portion of lot 404 is located within the Erosion Hazard Boundary, the applicant will provide an erosion hazard study to determine what mitigation measures are necessary to protect the lot from erosion caused by flooding. The developer will be required to transition the trail along the south side of proposed lots 401 and 405, to the proposed La Costa Drive which will require curb cuts, ramps and bollards. The property west of La Costa Drive between lots 405 and 406 will be dedicated to the City.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Painted Desert Estates Phase 11, a two lot
residential subdivision located at approximately 2450 South and 1430 East. Zoning is PD-R and density is 6.15 dwelling units per acre. All roadway and utility improvements have been installed along the frontage of these two lots.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Sycamore Phases 5-8, located on the southwesterly corner of 3000 East and Banded Hills Drive. Zoning is R-1-10 and density is 2.4 dwelling units per acre. The developer is proposing double fronting lots along Little
St. George City Council Minutes
July 11, 2013
Page Four

Valley Road which will require a 10 foot landscape strip and privacy wall. The developer is also proposing double fronting lots along 3000 east. There is a regional trail that will be installed along the northerly side of 3000 East; a 10 foot landscape strip will be required because of the double fronting lots. Lots 17 and 93-98 are proposed as walkout basement lots. A note will be added to the final plat that these lots are to be built as walkout basement lots unless the property owner can provide a site grading and drainage plan that meets City ordinances.

City Manager Gary Esplin inquired if the street name will have to be changed since it does not go north and south.

MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat with the caveat that the name change for 3000 East be looked at as well as clarifying construction of the regional use trail.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - 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 construct a detached garage to a height of 24' located at 2551 East 2220 South in a RE-20 zone. Don Warner, applicant.

Wes Jenkins stated the applicant proposes to construct an oversize detached garage in the rear of the lot to store an RV and other items. The detached garage will be located behind the applicant’s home and will be setback 10' from the side property line and 18' from the rear property line and will not encroach onto any City easements. The exterior finishes will be similar to the home in material and color. Planning commission recommends approval; however, there was a letter in opposition from a neighbor to the west.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit with comments and conditions of staff and planning commission.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Almquist - nay
Councilmember Nickle - aye
Councilmember Hughes - aye

The motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to construct a detached garage to a height of 17'6" behind the home located at 538 Los Alamitos Drive. Charles James, applicant.

Wes Jenkins stated the applicant proposes to construct a 3-car garage behind his home; height will be 16 ½'. The exterior finishes will be similar to that of the existing home.

MOTION: A motion was made by Councilmember Nickle to approve the conditional use permit.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PUBLIC UTILITIES AND DRAINAGE EASEMENT/ORDINANCE:
Public hearing to consider a request to vacate a public utilities and drainage easement located between lots 5 & 6 of Blackberry Court Subdivision. Cameron Morby, applicant.


St. George City Council Minutes
July 11, 2013
Page Five

Todd Jacobsen advised the applicant owns both lots and would like to merge the two lots and vacate the public utility easement.

Mayor McArthur opened the public hearing. There being none, he closed the public hearing.

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



VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE AMENDMENT
Public hearing to consider an amendment to Title 10, Chapter 13A, Hillside Development Overlay Zone to provide exceptions for the realignment of existing public streets for safety reasons and also for unmanned public utility facilities.

Bob Nicholson stated the code amendment is to address the limited situations. The amendment will read “The City Council, after considering the recommendations from the Hillside Review Board and the Planning Commission, may reduce or waive the above slope disturbance standards for the realignment of the existing public streets for safety reasons, or for unmanned public utility facilities, where the City Council finds that other reasonable site alternatives do not exist.”

Mayor McArthur opened the public hearing.

Ed Baca, resident, stated this is truly an exception to the hillside ordinance. He asked the Council to make sure it does not take away from the strength of the hillside ordinance.

Mayor McArthur closed the public hearing.

Councilmember Almquist stated he would like the new section to read “that other reasonable site or design”.

MOTION: A motion was made by Councilmember Hughes to approve the amendment to Title 10 zoning regulations Hillside Development Overlay Zone with the new wording as suggested by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.

LEASE AGREEMENT:
Consider approval of a lease agreement for the Drug Task Force grant.

City Manager Gary Esplin stated the Drug Task Force is currently occupying space at the old airport and will continue through 2013.

City Attorney Shawn Guzman advised the agreement is for $27,000.00.

MOTION: A motion was made by Councilmember Pike to approve the agreement in the amount of $27,000.00.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

St. George City Council Minutes
July 11, 2013
Page Six

AGREEMENT:
Consider approval of a UDOT Local Government contract with Horrocks Engineering for construction engineering management.

City Manager Gary Esplin advised this agreement for federal dollars the City will receive to clean out debris underneath the Man of War, River Road, and Valley View Drive Bridges.

MOTION: A motion was made by Councilmember Almquist to approve the UDOT local agreement with Horrocks Engineering for engineering management on the construction of the clearance of the bridges as discussed.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - 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 Creamer and Noble Engineering for design of the 3000 East, Phase 2 project.

City Manager Gary Esplin advised the agreement is for the design of 3000 East from 1450 South to 700 South.

MOTION: A motion was made by Councilmember Pike to approve the agreement in the amount of $71,510.00.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - 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 Bush and Gudgell for construction management services on the 3000 East, Phase 1 project.

City Manager Gary Esplin advised the agreement is for construction management services on the 3000 East, Phase 1 project.

Jay Sandberg explained plans are complete and is the project is ready to bid.

Councilmember Almquist stated that in the past Council tried to make sure engineering firms are staying within their budget. He inquired how staff is doing with that.

Mr. Sandberg replied all projects he has worked on have come in under budget. He explained construction managers on staff keep an eye on that.

MOTION: A motion was made by Councilmember Almquist to approve the agreement in the amount of $70,028.00.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

APPOINTMENT OF POLL WORKERS:

MOTION: A motion was made by Councilmember Almquist to approve the list of poll workers for the upcoming election.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
St. George City Council Minutes
July 11, 2013
Page Seven

Councilmember Nickle - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
Mayor McArthur advised he would like to reappoint all board members for the Board of Adjustments because their terms have expired.

City Attorney Shawn Guzman stated the terms will have to staggered.

MOTION: A motion was made by Councilmember Pike to reappoint the Board of Adjustment board members.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - 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 on June 6, 2013.

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

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Nickle - 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 on June 13, 2013.

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

Councilmember Pike - 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 Hughes to adjourn to a closed session to discuss potential litigation and property sales.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.





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Christina Fernandez, City Recorder