City Council Minutes

Wednesday, June 19,2013



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 19, 2013, 4:00 P.M.
CITY COUNCIL CHAMBERS


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


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Mayor McArthur and the invocation was offered by Reverend Jimi Kestin.

Jimi Kestin with the St. George Exchange Club announced the Mayor’s Walk. He stated that $1.00 from each registration will go to the school of the registrants choice, to fund P.E. programs.

Jennifer May with Habitat for Humanity explained they are always looking for volunteers to assist families.

Kent Perkins announced that on October 5th, the City will host its first I Am Able Run, Walk & Roll for those with disabilities to team up with an able-bodied person.

Cathy Hasfurther presented employees Millie Cockerill and Summer Navarro with awards given to them by the American Public Works Association.

Mayor McArthur read a proclamation proclaiming the month of September as Recovery Day.

Sandra Harmon with the Recovery Day Board stated they will be holding a celebration on September 26th at Town Square.

AWARD OF BID:Consider award of bid for the fog and slurry seal project.

Purchasing Manager Connie Hood advised the low bidder was Intermountain Slurry Seal in the amount of $422,420.16.

MOTION: A motion was made by Councilmember Almquist to award the bid to Intermountain Slurry Seal in the amount of $422,420.16.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for mega lugs and fittings.

Purchasing Manager Connie Hood advised this is the annual bid for mega lugs and fittings not to exceed $150,000.00 to Mountainland. Ferguson will be the secondary supplier when Mountainland may be out of stock on emergency needed items.

MOTION: A motion was made by Councilmember Almquist to award the bid to Mountainland not to exceed $150,000.00.
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


St. George City Council Minutes
September 19, 2103
Page Two

Councilmember Hughes - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for fertilizer and chemicals for the golf courses and parks.

Purchasing Manager Connie Hood advised this is a renewal for the annual blanket with Helena. This was the only bid received on all products specified in the bid. The amount will not exceed $200,000.00.

MOTION: A motion was made by Councilmember Bunker to award the bid as outlined.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the South Bloomington Trail Repair Project.




Purchasing Manager Connie Hood advised the bid is for the Bloomington Trail Repair. The agreement is for $352,643.00 and the City’s portion is $177,705.75, low bidder is Interstate Rock Products. This is one of two 2010 flood projects left to complete.

Tom Skrocki stated this is a different design than what was used originally and will include quite a bit of erosion protection.

MOTION: A motion was made by Councilmember Pike to approve the bid for the South Bloomington Trail Repair Project in the amount of City’s cost being $177,705.75.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.


AWARD OF BID:
Consider award of bid for emergency complete roof repair at City Hall.

Purchasing Manager Connie Hood advised the City went out for emergency bid; Noorda Architectural Metals and Roofing was the only contractor to submit a bid. The amount of the bid is $61,980.00.

Support Services Director Marc Mortensen stated this will take care of the entire roof and will come with a 25 year labor and material manufacturer warranty.

City Manager Gary Esplin advised the project will be funded out of capital projects fund and will require a budget opening.

MOTION: A motion was made by Councilmember Bunker to approve the emergency bid to Noorda Architectural Metals and Roofing in the amount of $61,980.00.
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
St. George City Council Minutes
September 19, 2103
Page Three

Councilmember Hughes - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PARAMETERS RESOLUTION:
Consider for adoption of a resolution of the City Council of the City of St. George,
Utah authorizing the issuance and sale of not more than $10,000,000 aggregate
principal amount of franchise tax revenue bonds, Series 2013; and related
matters.

City Manager Gary Esplin advised it is important to get the Mall Drive Bridge started, however, there is no funding in the current budget. This action will help the City get in position to help fund the project.

MOTION: A motion was made by Councilmember Bunker pass the resolution.
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 Pike - aye
Councilmember Hughes - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Ray Snyder advised that the Planning Commission at its meeting held September 17, 2013 recommended that a public hearing be held to consider a request for a zone change for a future subdivision to be called Cornerstone on two parcels from RE-12.5 on 10.6 acres and A-1 on 11.9 acres. The parcel is generally located southeast of the intersection of Seegmiller Drive and 3000 East. The Planning Commission recommends denial; the applicant is asking an appeal.

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen presented the final plats for Deserts Edge Drive located off of the Southern Parkway Exit 6, Desert Canyons Parkway, zoning is PD-R; Deserts Edge Phase 1, a 22 lot residential subdivision located off of the Southern Parkway Exit 6, Desert Canyons Parkway, zoning is PD-R; Blackrock Condominiums at Stonebridge Phase 6, a 12 unit residential condominium subdivision located at approximately 2250 West and 230 North, zoning is PD-R; and Painted Desert Phase 11, a 2 lot residential subdivision located at approximately 1430 East and 2480 south, zoning is PD-R. In addition, he presented a
final plat amendment for Cox Landing Phase 2 Amended, a 4 lot residential subdivision located at approximately 1085 South 900 East, zoning is R-1-10.

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

The vote was unanimous and the motion carried.

LOT LINE ADJUSTMENT:
Todd Jacobsen presented the lot line adjustment for Lot 62 and Lot 63 of the Springs Estates Phase 5 Amended located at approximately 1240 South Sierra Vista Circle. The


St. George City Council Minutes
September 19, 2103
Page Four

owner of lot 63 needs 1,239 square feet of lot 62 to accommodate the layout of the home he would like to build. This change will allow lot 63 to place the driveway in the location needed for the home.

MOTION: A motion was made by Councilmember Bunker to approve the lot line adjustment.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

LOT SPLIT:
Todd Jacobsen presented the lot split not within a recorded subdivision located at approximately 1274 West Sunset Boulevard, zoning is C-3. All aspects of the lot split were carefully reviewed by the Community Development Department and Legal staff and meets all conditions and approvals.

MOTION: A motion was made by Councilmember Hughes to approve the lot split.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Wes Jenkins stated that regarding the Desert Canyons final plat heard earlier, the applicant is supposed to dedicate 15% of open space. He inquired if the applicant can do that at a later date.

City Manager Gary Esplin stated because this is a final plat, the applicant would have to dedicate the open space tonight. He explained the development agreement requires open space, the plat cannot be approved unless there is an agreement on the open space.

City Attorney Shawn Guzman advised staff should meet with Desert Canyons on Monday.

AMENDED
MOTION: A motion was made by Councilmember Pike to amend the motion to be contingent on the dedication of open space.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Meadow Valley Farms - Phase 4-6, a 67 lot residential subdivision located south of Rancho Verde Estates and west of Little Valley Road at approximately 2420 East 4000 South. Zoning is R-1-10 and RE-20. The applicant will be required to do an erosion study and present mitigation. In addition, the applicant shall either remove the note from the plat regarding the dedication of open space to the City and label it instead as “No Disturb Area”, or shall provide additional open space to the satisfaction of the Parks Department to warrant the City accepting the dedication.

City Manager Gary Esplin stated the City Council could approve the preliminary plat tonight and work out details of the open space with the final plat.

MOTION: A motion was made by Councilmember Bunker to approve the preliminary plat based on the fact that this portion be looked at on the final plat.
SECOND: The motion was seconded by Councilmember Pike.

Councilmember Almquist stated he would like to clarify the area to be across from lots 82 and 83.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin stated with density going on in that area, City Council may need to discuss roads since Little Valley Road is the only road servicing this particular area.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapters 2 and 14 to
provide regulations for the use of cargo containers within the City.

Craig Harvey advised the Planning Commission had two options to choose from, they chose option B. The proposed amendment adds new language that would allow cargo containers in most zones, except for single-family and multi-family residential zones. In those zones, cargo containers would be prohibited. The language does not state whether the container needs to be above ground or buried.

City Attorney Shawn Guzman stated the containers cannot be stacked.

Mr. Harvey stated cargo containers are preferred in some cases since they provide better security and are safer than a wood shed for storing certain items.

Mayor McArthur opened the public hearing.

Ed Baca, citizen, inquired if 18 wheelers will be included.

Mayor McArthur stated the language specifically excludes 18 wheelers.

William Way, citizen, stated he was not able to find the proposed ordinance on the City’s website.

Councilmember Hughes explained the request was not finalized until the last Planning Commission which was just this past Tuesday.

Mr. Way recommend City Council not consider the ordinance until it has been made available on the City’s website for public to view.

Mayor McArthur suggested to table the item until the public has a change to review it.

Scott Roper with Kustom Containers addressed the safety and security features of cargo containers. Option A is what he wrote with staff, he prefers that option. He explained they don’t sell a lot in residential areas, they mainly rent to contractors. Very seldom do they put a container in the front of the lot, they mainly put them behind the property. He feels requesting a 6 foot fence would be hard. The shed on his property is not 10 foot from his garage; it would be more visible to move it behind his property.

Councilmember Bunker inquired if the proposals are similar to other communities.

Mr. Harvey replied no, most cities do not permit them in residential zones.

Councilmember Almquist stated he would like to see pictures, once they are painted, to see how they look. He explained the reason the public may not have been able to view the ordinance was because staff may not have had it ready.

City Attorney Shawn Guzman advised the agenda packet should be available on the City’s website and not require a GRAMA request.

Becky Roper wondered how looking at the zoning regulations came about.

Mayor McArthur advised the City received a request to put a container in a residential zone, but the City did not have zoning regulations to prohibit them in residential areas.

Michele Randall, citizen, stated its hard to follow along what the Councilmembers are reading. She thinks it is a great idea to post the information on the City’s website rather requiring a GRAMA request.


St. George City Council Minutes
September 19, 2103
Page Five

Councilmember Hughes read a comment he received from Paul Iverson. Mr. Iverson’s email stated “Please do not limit the ability to use a shipping container for storage in my back yard. Please help me preserve my private property rights.” Councilmember Hughes is concerned that there is no longer agriculture property being approved.

Mr. Roper stated cargo containers in are rodent proof, wood sheds are not.

Councilmember Hughes stated option B is not a good option because of residential estate zoning. There was quite a bit of concern at the Planning Commission meeting regarding aesthetics. Commissioner Hullinger was concerned about HOA’s who do not allow cargo containers. He would also like to be able to add power to the containers.

MOTION: A motion was made by Councilmember Hughes to continue the public hearing.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/FINAL PLAT AMENDMENT/ORDINANCE:
Public hearing to consider a final plat amendment for Dolce Vista at Sunbrook
Phase 1 Amended.

Todd Jacobsen presented the final plat amendment for Dolce Vista at Sunbrook Phase 1 Amended to increase the size of lot 18 and shift lots 19-21 southwesterly. The limited common area between lot 21 and lots 22 & 23 was eliminated and changed to common area.

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

MOTION: A motion was made by Councilmember Bunker to approve the final plat amendment as described.
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 Pike - aye
Councilmember Hughes - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/FINAL PLAT AMENDMENT/ORDINANCE:
Public hearing to consider a final plat amendment for Bella Terrazza 2 at
Sunbrook Amended.

and

Public hearing to consider a final plat amendment for Bella Terrazza at
Sunbrook 2nd Amended and Extended.

Todd Jacobsen presented the final plat amendments for Bella Terrazza 2 at Sunbrook Amended and Bella Terrazza at Sunbrook 2nd Amended and Extended to incorporate the patio areas that were common areas into the building design by making them limited common areas.

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

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

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

St. George City Council Minutes
September 19, 2103
Page Six

Councilmember Hughes - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

LIQUOR LICENSE:
Consider approval for a full service restaurant liquor license for Pirate Cove
Pizza. Daniel Alex Richardson, applicant.

City Manager Gary Esplin explained this is similar to other restaurant liquor licenses issued in the past. This will be a new license as these are new owners and meets all requirement.

MOTION: A motion was made by Councilmember Pike to approve the full service restaurant liquor license for Pirate Cove Pizza as presented.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

COOPERATIVE AGENCY AGREEMENT:
Consider approval of a UDOT Cooperative Agency Agreement for Airport Grant
#AIP-3-49-0060-22.

City Manager Gary Esplin advised the request is an agreement for a grant approved last the last City Council meeting.

MOTION: A motion was made by Councilmember Bunker to approve the agreement.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.
IMPACT FEE PAYMENT SCHEDULE:
Consider approval to pay for impact fees in 12 equal payments with utility
bill. Tonaquint Data Center, applicant.

City Manager Gary Esplin advised the request is to increase the monthly energy fee for the Tonaquint Data Center to recover the impact fee over the next 12 months.

MOTION: A motion was made by Councilmember Hughes to approve the impact fee payment.
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


St. George City Council Minutes
September 19, 2103
Page Seven

Councilmember Hughes - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.


APPOINTMENTS:
Mayor McArthur stated he would like to appoint Annette Hansen and Brooke Smith as Deputy City Recorders.

City Manager Gary Esplin advised they are both current City employees.

MOTION: A motion was made by Councilmember Bunker to approve the appointments.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes of the City Council meeting held on August 15,
2013.

Mayor McArthur continued approving the minutes to the next meeting.

ADJOURN:
MOTION: A motion was made by Councilmember Almquist to adjourn.
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
Councilmember Nickle - aye

The vote was unanimous and the motion carried.




___ Christina Fernandez, City Recorder