City Council Minutes

Thursday, January 9,2014



ST GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 9, 2014
CITY COUNCIL CHAMBERS



PRESENT:
Mayor Jonathan T. Pike
Councilmember Gil Almquist
Councilmember Jimmie Hughes
Councilmember Michele Randall
Councilmember Joe Bowcutt
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Annette Hansen


OPENING: Mayor Pike welcomed all those who were in attendance and called the meeting to order. The pledge of allegiance was offered by Councilmember Jimmie Hughes, the invocation was offered by Rev. Alex Wilkie.

City Manager Gary Esplin suggested that item 6F be moved to first on the agenda to accommodate those who were in attendance for that issue. It was also requested that item 2C and 6G be tabled for another meeting.

SPECIAL EVENT FEE WAIVER:
Consider approval of a request to waive the special event permit fee for the Arts to Zion Studio Tour. Bobbi Wan-Kier, applicant.
Washington County Arts Council representative Bobbi Wan-Kier introduced board member Dave Hansen who presented a power point demonstrating the organizations website and Facebook sites as well as the planned event tour map and explained what the planned tour consisted of. Ms Wan-Kier then introduced some of the local artists to the Council and they each in turn expressed their support for this event. Mayor Pike thanked all those who attended for this purpose and presented the issue to the Council for discussion and approval.

MOTION: A motion to approve the request to waive the special event permit fee for the Arts in Zion Studio Tour was made by Councilmember Jimmie Hughes.
SECOND: Motion was seconded by Councilmember Michele Randall.
VOTE: Mayor Pike called for a vote as follows:
Councilmember Jimmie Hughes, aye
Councilmember Gil Almquist, aye
Councilmember Michele Randall, aye
Councilmember Joe Bowcutt, aye
St. George City Council Minutes
January 9, 2014
Page Two

The Vote was unanimous and the motion carried.

APPOINTMENTS TO THE BOARDS AND COMMISSION OF THE CITY
Mayor Pike proposed that the City create and appoint a Veterans Advisory Committee to better help serve the needs of the veterans within our City and community. He explained that this would be an ad hoc committee and proposed that Michele Randall be the Council representative to sit on this committee. He also suggested that the following individuals be appointed to the committee: Stephen Duke, Aaron Henry, JR Lemquil, Bruce Solomon, Sky Ingram, Terry Dunn and Courtney Pendleton.

MOTION: Motion to accept the establishment of an ad hoc Veteran’s Advisory Committee was made by Councilmember Michele Randall.
SECOND: Motion was seconded by Councilmember Joe Bowcutt.
VOTE: Mayor Pike called for a vote as follows:
Councilmember Jimmie Hughes, aye
Councilmember Gil Almquist, aye
Councilmember Michele Randall, aye
Councilmember Joe Bowcutt, aye

The vote was unanimous and the motion carried.

Mayor Pike read the Veterans Advisory Committee mission statement.

Councilmember Almquist expressed his support for this organization and looked forward to working with representatives of the veterans here in our community.

AWARD OF BID:
Consider approval of a bid award to JP Excavation to complete roadway and other improvements on the Mesa Palms Phase 5 Development.
City Manager Gary Esplin presented the contract amount for $450,000.00 and is included in the current budget. Councilmembers discussed the bid with Transportation Supervisor Cameron Cutler who explained the inclusions and specifics of the bid.

MOTION: A motion was made by Councilmember Jimmie Hughes to approve the contract with JP Excavation to complete roadway and other improvements on the Mesa Palms Phase 5 development for the amount of $450,000.00.
SECOND: The motion was seconded by Councilmember Gil Almquist
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Jimmie Hughes, aye
Councilmember Gil Almquist, aye
Councilmember Michele Randall, aye

St. George City Council Minutes
January 9, 2014
Page Three

Councilmember Joe Bowcutt, aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider approval to award a contract to Feller Enterprises, Inc. for the construction of the Erosion Repair Project, Phase 9, Sunbrook HMGP.
City Manager Gary Esplin presented the contract amount for $489,404.85 and explained that the City applied to the State and FEMA for assistance in funding this project were successful in acquiring $216,000.00 from FEMA and are anticipating additional funding from the state flood authority. He explained that the City’s matching funding amount of $216,000.00 would come from the flood control fees that are collected monthly on the city utility bills.

MOTION: A motion was made by Councilmember Jimmie Hughes to approve the contract with Feller Enterprises for the amount of 489,404.85 .
SECOND: The motion was seconded by Councilmember Gil Almquist.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

SPECIAL EVENT TIME CHANGE REQUEST:
Consider approval of a request to extend the closing time of the Dixie State University Spring Break Concert. Luke Kerouac, applicant.

Jordan Sharp, Director of Student Involvement at Dixie State University addressed the Council and explained the activities and timeline of events planned for the spring break concert to be held at the Ridge top complex. Traffic issues, insurance liability, site maintenance/clean up and security concerns were a few of the issues Council discussed at length. Mr. Sharp asked that the Council approve the extension of the closing time to 11:00 PM to allow for a dance to take place after the concert to help alleviate some traffic congestion and help stagger the exiting of students from the event. Council was concerned about traffic and security and stressed the importance of working closely with law enforcement to maintain the desired amount of officers in attendance for safety and traffic issues. Mr. Sharp was eager to meet any stipulations and requirements of the Council and local law enforcement agencies for the security of the students attending the event and assured complete cooperation.



St. George City Council Minutes
January 9, 2014
Page Four

MOTION: A motion was made by Councilmember Gil Almquist to approve the request to extend the closing time of the Dixie State University spring break concert to 11:00 pm and approved the use of Donlee Drive as an alternate exit to help with traffic issues and thatwith the stipulation that all security issues be resolved through local law enforcement.
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

SPECIAL EVENT FEE WAIVER:
Consider approval of a request to waive the special event permit fee for the President’s Day Fly In 2014. Darrel Jensen, applicant.
Darrel Jensen thanked the Council for their support in the past and proceeded to present a brief report on 3 of the events held last year. He mentioned the three planned events for 2014 and requested that Council approve the waiving of fees for these future events so he would not have to come before the Council to ask for a fee waiver for each event. Council discussed the issue with Mr. Jensen.

MOTION: A motion was made by Councilmember Jimmie Hughes to waive the special event permit fees for the three planned events held in February, May and November of 2014 being sponsored by the Remote Possibilities RC club.
SECOND: The motion was seconded by Councilmember Gil Almquist.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

SPECIAL EVENT FEE WAIVER:
Consider approval of a request to waive the special event permit fee and the fee for the use of Town Square for the KUED Super Reader Party. Joel Tucker, applicant.
St. George Library Director Joel Tucker addressed the Council and requested waiving of the special event permit fee so that they may hold an end of the school year Super Reader party

St. George City Council Minutes
January 9, 2014
Page Five

sponsored in part by a grant offered by KUED to reward school children for reading throughout the year. He mentioned different activities that would be going on at this event such as entertainment and food.

MOTION: A motion was made by Councilmember Michele Randall to approve waiving the special event permit fees and the fee for the use of Town Square for the KUED Super Reader Party.
SECOND: The motion was seconded by Councilmember Joe Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

SPECIAL EVENT FEE WAIVER:
Consider approval of a request to waive the special event permit fee and the fee for the use of the Tonaquint Park for the Utah Lions Foundation Walk with the Blind Challenge. Milt Taylor, applicant.

Lions Club President Dave Cook addressed the Council and explained briefly about the charity event planned in February for Lions Club members to raise money for the blind.

MOTION: A motion was made by Councilmember Jimmie Hughes to waive the special event permit fee and the fee for the use of the Tonaquint Park for the Utah Lions Foundation Walk with the Blind Challenge.
SECOND: The motion was seconded by Councilmember Gil Almquist.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

SPECIAL EVENT FEE WAIVER:
Consider approval of a request to waive the special event permit fee and the fee for the use of the Ridge Top Complex for the Starry Night Annual Awards and Installation Banquet. Gregg McArthur, applicant.


St. George City Council Minutes
January 9, 2014
Page Six

Gregg McArthur addressed the Council and explained briefly the purpose of the Starry Night event to honor local businesses and individuals that are outstanding contributors to the community.

MOTION: A motion was made by Councilmember Michele Randall to waive the special event permit fee and the fee for the use of the Ridge Top Complex for the Starry Night Annual Awards and Installation Banquet.
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider approval of an amendment to the Planned Development Residential Zone for Mesa Palms Phase 5 on 5.92 acres located at the intersection of Mesa
Palms Drive and Tonaquint Drive to allow the development of 52 residential units on the property. Kent Heideman, applicant.
Staff presented a PowerPoint displaying the area of discussion as well as the types of buildings that are planned on being constructed there. It was mentioned that the Planning Commission had approved this amendment in their recent meeting. Planned development coordinator Tyler Hoskins addressed the Council and answered questions regarding the development.
Mayor Pike then opened the topic to the public for comments.
Kenneth Gee, area resident and neighbor of the planned development addressed the Council with his concerns about the increase of traffic this development would cause in the area. He was also concerned about this being the only multiple housing unit in the immediate area and the type of neighborhood that would create. Council discussed these issues at length with Mr. Gee and informed him of a planned round-a-bout planned for the area. After further discussion Mayor Pike thanked Mr. Gee for his input. Having no further public comment, Mayor Pike closed the public hearing.

MOTION: A motion was made by Councilmember Jimmie Hughes to approve the amendment to the Planned Development Residential Zone for Mesa Palms Phase 5 on 5.92 acres located at the intersection of Mesa Palms Drive and Tonaquint Drive to allow the development of 52 residential units on the property.
SECOND: The motion was seconded by Councilmember Gil Almquist.
ROLL CALL VOTE: Mayor Pike called for a roll call vote, as follows:
St. George City Council Minutes
January 9, 2014
Page Seven Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE:
Public hearing to consider approval of a zone change from RE-20 to RE-12.5 on 10.02 acres located at approximately 2990 South Little Valley Road. Pine Park Estates, LLC., applicant.
Planning and zoning staff explained to the Council the Planning Commission’s recommendation to change the zoning located at approximately 2990 South Little Valley Road from RE-20 to RE-12.5 on 10.02 acres. Council reviewed the request and briefly discussed. Mayor Pike then opened the topic to the public for comments. Hearing none, Mayor Pike then closed the public hearing portion of the meeting.

MOTION: A motion was made by Councilmember Gil Almquist to approve the zone change from RE-20 to RE-12.5 on 10.02 acres located at approximately 2990 South Little Valley Road
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
ROLL CALL VOTE: Mayor Pike called for a roll call vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider approval of an amendment to the Planned Development Zone for Sunbrook Ranch on 11.37 acres located at 415 South Dixie Drive to add RV storage to the list of permitted uses, and to revise the conceptual site development plan. Marv Blosch, applicant.


Planning and zoning staff addressed the Council and reviewed the previously approved site plan for senior housing units. It was noted that the Planning Commission recommended approval of the proposed amendment as long as the development properly addresses parking issues and makes sure to allow for proper access to the rear of the property. Mayor Pike then opened the topic to the public for comments. Hearing none, Mayor Pike then closed the public hearing portion of the meeting.
St. George City Council Minutes
January 9, 2014
Page Eight

MOTION: A motion was made by Councilmember Jimmie Hughes to approve the amendment to the Planned Development Zone for Sunbrook Ranch on 11.37 acres located at 415 South Dixie Drive to add RV storage to the list of permitted uses, and to revise the conceptual site development plan to allow for rear access and parking issues.
SECOND: The motion was seconded by Councilmember Joe Bowcutt.
ROLL CALL VOTE: Mayor Pike called for a roll call vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

Mayor Pike dismissed Council for a 10 minute recess.

PUBLIC HEARING/ZONE AMENDMENT:
Public hearing to consider approval of an amendment to the City Zoning Regulations, Title 10, Sections 10-10-5.K and 10-8-7.G to allow the City Council to waive the ground floor commercial requirement in mixed-use projects subject to certain conditions.
City Manager Gary Esplin explained that this amendment was mainly to address the issue of residential dwellings existing over commercial buildings and the ability for Council to amend the mandatory ground floor commercial requirement on a case by case basis. He stated that the purpose of the mixed-use project C4 zone was initially done to encourage business in the downtown area but to also encourage residential opportunities in these areas with both working harmoniously for the good of the community. The concerns with amending the commercial requirements would be the phasing of developments where residential would be constructed first and the commercial phase is overlooked for a lengthy period of time. Mayor Pike opened public hearing portion of the meeting to hear comments on the issue.
Wes Davis, commercial real estate broker and developer, addressed the Mayor and Council with his concerns regarding this issue. He presented a project design that illustrated the mixed-use concept and explained the infeasibility of the current requirements to build such a development, given current demands of residential vs. business development as well as current mandatory landscaping and parking issues. Council discussed the issue at length and concluded that this issue needed more thorough study and examination.
MOTION: A motion was made by Councilmember Gil Almquist to continue the Public Hearing on this issue until January 30.
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
St. George City Council Minutes
January 9, 2014
Page Nine

Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE AMENDMENT:
Public hearing to consider approval of amendment to the City Zoning Regulations, Title 10, Sections 10-18-3.C to modify the corner lot fence requirement to allow a six foot fence or wall to be built on the property line along the street side yard subject to certain standards.
City Planning and zoning manager Bob Nicholson addressed the Council and explained the City code on fencing of corner lots and the required 10 ft. setback off the sidewalk. He explained that this issue was one of code enforcements biggest problems. Mayor Pike opened public hearing portion of the meeting to hear comments on the issue.
Tracy Ence with Ence Homes addressed the Council and stated that this issue has needed to be addressed for some time. He stated that he does not see the need for such drastic setback requirements because it restricts property owners’ access to that portion of their property. He also indicated that the Council needed to address the issue of the property owners’ right to erect a block wall which is much more economical and provides much better privacy and protection. Council discussed this issue and determined that there needed to be further analysis and consideration on the subject.
MOTION: A motion was made by Councilmember Jimmie Hughes to continue the Public Hearing on this issue until January 30.
SECOND: The motion was seconded by Councilmember Joe Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

Consider appointment of City Officers.
Mayor Pike stated that per city code, all City Officers were to be appointed by the Council and recommended that all current City Officers and department heads be re-appointed with no changes to the current staff.
MOTION: A motion was made by Councilmember Joe Bowcutt reappoint all City Officers and department heads as currently assigned.
SECOND: The motion was seconded by Councilmember Gil Almquist.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
St. George City Council Minutes
January 9, 2014
Page Ten

Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

Mayor Pike explained that he has met with all the City Officers and department heads and has been impressed by their attentiveness and diligence in which they perform their respective responsibilities and duties. Mayor Pike also recommended that Public Works Director Larry Bulloch be reappointed until February 28 at which time he will retire after 35 years of service with the City. Upon his retirement from the City, Mayor Pike recommended that Cameron Cutler be appointed to fill the position as Public Works Director.
MOTION: A motion was made by Councilmember Gil Almquist reappoint Public Works Director Larry Bulloch until February 28 and then appoint Cameron Cutler as Public Works Director.
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

Mayor Pike then invited Larry Bulloch to address the Council. Mr. Bulloch stated that he was humbled and thanked many for the opportunity to serve the City and look back on his 35 years of service as a marvelous adventure. He stated that he could never have imagined that he would participate in over 300 projects within the City throughout his career and attributed the success of these projects to those staff that he works with who are highly capable employees who are dedicated to the citizens and services they provide. He expressed his appreciation to the Mayor, Councilmembers and all the City staff who have supported him throughout his many years and commended them for their professionalism and integrity as well as their willingness to work together. Upon completion of his address, the audience offered Mr. Bulloch a standing ovation.
Mayor Pike expressed his appreciation for Mr. Bulloch for his 35 years of dedicated service and Councilmembers wished him well on his retirement.
Councilmembers commended all city staff for their various years of service and it was noted that nearly all of the department heads have over 10 years’ service with the City helping to make this city run smoothly and efficiently.




St. George City Council Minutes
January 9, 2014
Page Eleven

Consider approval of The Lakes Development Agreement.
Council was presented with the final approval for the development of The Lakes which had previously been approved in 2006 but then was put on hold because of the downturn in the economy. It was explained that the planned development of mostly R110 properties would encompass 700 acres on the west side of town where the development would strive to keep the integrity of the natural canyons around them through preservation efforts. Traffic concerns were discussed and it was recommended that updated traffic studies be completed with each phase of the development as the data they were working with now is outdated. The developer agreed to
this stipulation and stated that it was already part of their design moving forward. City Manager Gary Esplin asked that developer meet with city public works to review their current data and make sure it’s still valid and the developer agreed.

MOTION: A motion was made by Councilmember Jimmie Hughes to approve The Lakes development agreement, striking the wording about an incremental traffic study on page 8 of the agreement with the understanding that the developer would be required to update their traffic study with each phase of the development.
SECOND: The motion was seconded by Councilmember Gil Almquist.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

Set date and time for public comment on the disposal of approximately four acres of City owned real property located on 270 East Street near the Dixie Center.

MOTION: A motion was made by Councilmember Gil Almquist to set the date of February 20, 2014 for the public hearing for discussion on the disposal of approximately four acres of City owned real property located on 270 East Street near the Dixie Center.
SECOND: The motion was seconded by Councilmember Michele Randall.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

St. George City Council Minutes
January 9, 2014
Page Twelve

MINUTES:
Consider approval of the minutes from the City Council meeting held on November 7, 2013
MOTION: A motion was made by Councilmember Gil Almquist to approve the minutes from the City Council meeting held on November 7, 2013
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

Consider approval of the minutes from the City Council meeting held on November 14, 2013
MOTION: A motion was made by Councilmember Michele Randall to approve the minutes from the City Council meeting held on November 14, 2013
SECOND: The motion was seconded by Councilmember Joe Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

Consider approval of the minutes from the City Council meeting held on November 21, 2013
MOTION: A motion was made by Councilmember Gil Almquist to approve the minutes from the City Council meeting held on November 21, 2013
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.


St. George City Council Minutes
January 9, 2014
Page Thirteen

CLOSED SESSION:
MOTION: A motion was made by Councilmember Gil Almquist to proceed into the closed session portion of the meeting to discuss pending litigation.
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Councilmember Gil Almquist to reconvene and adjourn.
SECOND: The motion was seconded by Councilmember Jimmie Hughes.
VOTE: Mayor Pike called for a vote, as follows:
Councilmember Hughes - aye
Councilmember Almquist - aye
Councilmember Randall - aye
Councilmember Bowcutt – aye

The vote was unanimous and the motion carried.






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Annette Hansen, Deputy City Recorder