City Council Minutes

Thursday, August 15,2013



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 15, 2013, 4:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gail Bunker
Councilmember Jimmie Hughes
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Christina Fernandez

EXCUSED:
Councilmember Gil Almquist
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 Mayor McArthur and the invocation was offered by Pastor Alex Wilkie.

Brad Johnson who represents the SOUP Group stated it has been one year for Little Valley courts. To celebrate, they will be having a pot luck luncheon on September 27th from 10 a.m. to 12 p.m.

Leisure Services Director Kent Perkins announced the City will add an “I Am Able” run to the 37th annual marathon. This run will be a relay for those with disabilities. For more information, citizens can go to the St. George Marathon website.

SOLE SOURCE PURCHASE:
Consider approval of a sole source purchase of a centrifuge for the Wastewater Treatment Plant.

City Manager Gary Esplin stated the unit is reconditioned and matches the existing units at the Wastewater Treatment Plant.

Mayor McArthur explained that at a Solid Waste Board meeting he attended it was brought up that the board is working with the Wastewater Treatment Plant on sludge issues.

Water Services Director Scott Taylor explained there is new technology to have misters where the sludge is stored to see if chemicals can control the odor.

MOTION: A motion was made by Councilmember Pike to approve the sole source purchase in the amount of $689,984.72 to Andritz Separation Inc.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.
SPECIAL EVENT FEE WAIVER: Consider approval of a special event fee waiver as well as a fee waiver for
the use of Town Square for the Taste of Dixie/Spookytown Festival. Gregg McArthur, applicant.

Gregg McArthur stated the request is for a business expo type event. It will include approximately 120 vendors that cater to families. The event will be held on October 25th and 26th. This will be the 3rd annual Taste of Dixie community festival and will combine with the Washington County School District Foundation’s Spookytown event. The festival will feature friendly activities for children. He stated he would like the City to partner with them and is requesting a fee waiver for the use of Town Square; a special event fee waiver; help with advertising on the City’s website; the marquee at Bluff and St. George Boulevard, and in the Inside St. George Magazine; use of, and assistance in setting up power at the Town Square; trash cans and trash removal and use of the City’s information booth. In the past, the City has donated the use of the Carousel; however, this year they are requesting that the City sell tickets and donate the proceeds to the Washington County School District.



St. George City Council Minutes
August 15,2013
Page Two

MOTION: A motion was made by Councilmember Bunker to approve all items requested.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin clarified the requests were approved since the School District is a partner with the City with regard to the Town Square.
FEE WAIVER:
Consider approval of a fee waiver for the use of Town Square for the Steps
for Hope event. Jessica Blevins, applicant.

Jessica Blevins stated she is the new director at the Hope Pregnancy Center. They would like to host a fun celebration on October 22nd and will provide t-shirts to those who make donations. She explained that the center is a non-profit organization serving Washington and Iron Counties that offer free pregnancy tests as well as counseling and classes. In addition, they have a boutique that offers items to families.

MOTION: A motion was made by Councilmember Hughes to waive the fee for the use of Town Square.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

Mayor McArthur stated when the Council approves fee waivers, they expect the applicants to clean up the area they are using.

FEE WAIVER:
Consider approval of special event fee waiver as well as a fee waiver for the
use of Town Square for the Southwest Utah’s Recovery Day Celebration.
Neal Smith, applicant.

Neal Smith explained this their 4th annual celebration.

Angie Graff stated the event grows every year. The event will be held on September
26th from 4:00 to 7:00 p.m. and will feature free food, games, recovery speakers and
a band. She explained they will have volunteers do all clean up, set up and take
down. They are requesting a fee waiver and proclamation.

MOTION: A motion was made by Councilmember Pike to waive the fee for the use of Town Square and to waive the special event fee.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:

Councilmember Bunker - 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 the
Chuckwalla Music Festival. Nathan Truman, applicant.

City Manager Gary Esplin advised the item was tabled because there are issues that
need to be worked out.

FEE WAIVER:
Consider approval of a fee waiver for the use of Crosby Confluence Park for
the Pound the Pavement for Parenthood 5K. Shellee Salmon, applicant.
St. George City Council Minutes
August 15,2013
Page Three

Courtney Jackson stated she underwent in vitro fertilization to become pregnant with
her son. Pound the Pavement is a non-profit organization established in 2010 to help
men and women with infertility. Since 2010, they have hosted 6 races and raised $18,000. This will be the first in St. George. She explained the race will be held on September 14th and are hoping to have 300 runners. They are requesting a fee waiver for the use of Crosby Confluence Park.

Councilmember Bunker inquired how couples are chosen to participate in their program.

Ms. Jackson explained couples apply online at onestepcloser.org. Once the application is received, a committee chooses the couples. The race will raise enough to sponsor two families in St George.

MOTION: A motion was made by Councilmember Hughes to waive the fee for the use of Crosby Confluence Park.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

Mayor McArthur advised since there are only three Councilmembers present, all items have to be unanimous. He gave the option to anyone who has items on the agenda to have the item tabled until there are additional Councilmembers present.

FINAL PLAT:
Wes Jenkins presented the final plat for Desert Willow Phase 2, a twenty-one lot subdivision located at approximately 1600 West and 330 North. The property is zoned R-1-8 and meets all requirements.

MOTION: A motion was made by Councilmember Bunker to approve the final plat as outlined and authorizes the Mayor to sign it.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

LOT LINE ADJUSTMENT:
Wes Jenkins explained the request is to adjust the lot line located between lot 17 and lot 30 of Crown Point Subdivision. The home located on lot 17 encroaches slightly onto lot 30 and both owners agree to this adjustment.

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

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

The vote was unanimous and the motion carried.

LOT SPLIT:
Wes Jenkins explained the request is to split a 5.30 acre parcel of land located at approximately 650 North Dixie Drive into a 3.0 acre parcel and 2.3 acre parcel. He stated the Planning Commission recommends approval.

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




St. George City Council Minutes
August 15,2013
Page Four

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

The vote was unanimous and the motion carried.


PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Sunterra, a 9 lot residential lot located north of 2800 South at approximately 2100 East, which is in Section 9, Township 43 South and Range 15 West. Zoning is RE-12.5 and the density is 1.91 dwelling units per acre. The Planning Commission recommends approval.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Tupelo Estates Phases 1 & 2, a 50 lot single family residential subdivision located on the northeast corner of the intersection of 3000 East and Crimson Ridge Drive. Zoning is R-1-8 and density is 3.5 dwelling units per acre. The lots along 3000 East will be double fronting lots and will require a 10' landscape and privacy wall. Staff is recommending that the developer complete the improvements along 3000 East with the construction of Phase 1.

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 Bunker - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Sun River Phase 42 and 43 for a 41 lot residential subdivision located south of Angel Arch Drive between Grapevine Drive and English Ivy Drive. Zoning is PD-R and density is 2.59 dwelling units per acre.

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Sun River Phase 19 Amended for an 18 lot residential subdivision located at approximately 2030 West and 4890 south in the Sun River development. Zoning is PD-R and density is 2.02 dwelling units per acre. The preliminary plat was originally approved by City Council in February 2013, the applicant is requesting to add lot 2035.

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


St. George City Council Minutes
August 15,2013
Page Five

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Arthur Grant Commercial Center, a 3 lot commercial subdivision located on the east side of Dixie Drive at approximately 650 North. Zoning is C-3.

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATION OF EASEMENT AND LOT MERGER/ORDINANCE:
Public hearing to consider vacation of a public utility and drainage easement and to merge a portion of Lot 2B into Lot 2A of River Bend Estates located at 2746 East 50 South Street.

Wes Jenkins advised the applicant is Thomas J. Smith. The JUC recommends approval.

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

MOTION: A motion was made by Councilmember Pike to approve the lot merger and easement vacation.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a pressure
regulation station on the southwest corner of the intersection of Bluff and
Snow Canyon Parkway in a R-1-10 zone. Questar Gas Company, applicant.

Ray Snyder advised the applicant is requesting a conditional use permit to construct a pressure regulating station on the southwest corner of the intersection of Bluff Street and Snow Canyon Parkway in a residential R-1-10 zone. Staff has reviewed the proposed landscape plan and feels it fits into the proposed landscaping plan for the interchange project.

Brent Morgan, representing Questar Gas, stated they have been in contact with staff to make sure plans are consistent with the request from City Council. This area is most feasible to have the station.

Mark Goble stated Questar has proposed to put in a rock mulch similar to what will be used on the interchange. In addition, the trees will be 8' to 10' trees that will also match what is being used on the interchange. He approves of the new design.

Mr. Morgan explained the rock mulch is used for stability. He stated Questar wants to work with the City to make sure is what the Council wants. The entrance to the station will be 50 feet wide to allow access for semi trucks.

Councilmember Bunker stated she feels conflicted since this is such a visible corner.

City Manager Gary Esplin stated the station is needed; this location is the best fit.

MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit for Questar Gas.
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August 15,2013
Page Six

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish an auto towing
and impound yard at 769 North Red Rock Road in the M-1, Industrial zone.
Tyler Satterfield, applicant.

Ray Snyder advised the applicant is Tyler Satterfield. The applicant is requesting a conditional use permit to establish a towing and impound yard in the St. George Industrial Park. The Planning Commission recommends approval.

MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit with the added condition they use chain link fence with slats.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to allow a gypsum mine in an Open Space zone located approximately 3600 South River Road. PCI, John Wilson, applicant.

Ray Snyder advised the applicant is proposing to mine gypsum for approximately 5 years and then level the site for future use. He explained SITLA owns the property and will lease it to PCI. The Planning Commission recommends approval with the conditional use standards contained within the CUP report prepared by Rosenberg Associates dated July 17, 2013.

John Wilson, applicant, presented a powerpoint presentation which include the following: aerial maps, plans, pictures of existing site, haul routes, dust control permit sign, speed limit sign, pictures of crushers, pictures of water trucks, pictures of covered trucks. He explained the proposed idea is to keep the operation the same size. As for blasting, they do seismographic testing that anyone can view; there is a list of agencies they have to notify but they do not notify the public. He stated salt water is used to bind the material on the road and is applied using a water truck. This process will crust over areas that will not be mined to prevent dust. His drivers were instructed to not disturb crusted areas.

Bill Swensen stated if crusted up and not disturbed, it should be fine. If a problem occurs, he would suggest a land-line sprinkler system.

Mr. Wilson explained they have changed practices by pre-soaking prior to blasting which has seemed to help. He stated they have been mining there since 1992.

Councilmember Pike inquired what the applicants record is in terms of complaints.

Mr. Swensen replied complaints regarding the applicant are very minimal. He has received more complaints from other locations. The air quality is monitored using an air monitor within a block from the proposed site. He distributed a dust control implementation plan.

Councilmember Pike stated the City needs to assure residents that the area is monitored.

MOTION: A motion was made by Councilmember Pike to approve the conditional use permit with the conditions of the Planning Commission as well as the conditions outlined in the dust control implementation plan distributed by Bill Swensen.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote as follows:
St. George City Council Minutes
August 15,2013
Page Seven

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

The vote was unanimous and the motion carried.

AA GRANT:
Consider approval of an FAA grant for the Replacement Airport.

City Manager Gary Esplin advised the request is to approve a grant from the FAA in the amount of $11 million for the Replacement Airport.


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

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

The vote was unanimous and the motion carried.

FEDERAL AID AGREEMENT:
Consider approval of a Federal Aid Agreement to design and construct a road improvement project on Indian Hills Drive.

City Manager Gary Esplin advised the request is for a Federal Aid Agreement to design and construct a road improvement project on Indian Hills Drive.

MOTION: A motion was made by Councilmember Bunker to approve the Federal Aid Agreement.
SECOND: The motion was seconded by Councilmember Hughes.

Councilmember Hughes inquired if the cost of the agreement was $1.4 million.

City Manager Gary Esplin stated the City’s match is 6.7%. He explained this will be a safe way for pedestrians and cyclists to safely use the road. Once the design is complete, it will come back for approval.

VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

QUIT CLAIM DEED/LEASE APPROVAL:
Consider approval to issue a quit claim deed and lease approval for parking areas at Old Airport site.

City Manager Gary Esplin explained Rococo was built quite a long time ago. The new owners would like to purchase the areas that the restaurant and hotel encroach on

City property. He advised the FAA has approved; however, they are waiting for the City to send an official letter.

MOTION: A motion was made by Councilmember Hughes to approve a quit claim deed and lease purchase agreement with the new owners.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution declaring the intention of the City of St. George to make a pick-up election for City employees within the defined benefit plans of the Utah State Retirement Systems.
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August 15,2013
Page Eight

City Manager Gary Esplin advised the retirement rate has gone up.

MOTION: A motion was made by Councilmember Bunker to approve the pick-up election.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote as follows:

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

MINUTES:
Consider approval of the minutes of the City Council meeting held July 11,
2013.

MOTION: A motion was made by Councilmember Pike 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 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 July 18,
2013.

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

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

The vote was unanimous and the motion carried.

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

Councilmember Bunker - 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 Bunker to reconvene and adjourn.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

___ Christina Fernandez, City Recorder