City Council

Thursday, February 6,2014
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 6, 2014, 5:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Jon Pike
Councilmember Gil Almquist
Councilmember Jimmie Hughes
Councilmember Michele Randall
Councilmember Joe Bowcutt
Councilmember Bette Arial
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Christina Fernandez

OPENING:
Mayor Pike called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Councilmember Bowcutt and the invocation was offered by Reverend Alex Wilkie.
Mayor Pike mentioned that Coach Sark Arslanian celebrated his 90th birthday this week. Additionally, he mentioned upcoming events such as the Parade of Homes and the Polar Plunge.

COMMENTS FROM THE PUBLIC:
Mayor Pike stated this is the first day that public comment will be heard at a regular Council meeting and will continue on the first Thursday of each month. The three ground rules are: 1) Keep total time to approximately 15 - 20 minutes; 2) Show respect; and 3) Comments cannot be related to pending issues which the other party is not present to present their side. For example, there are a number of people present who wish to discuss a project on 1450 South and River Road, however, there will be a public hearing when the zone change request comes before the Council. Although, these items are on tonight’s agenda, he will allow comments to be heard on roundabouts and Little Valley Road improvements since the City is present to tell their side. There was an opportunity for a public hearing for both of these projects during the budget process.

Len Levine stated he would like to discuss fireworks. He believes the problem here in St. George is the fact that fireworks are allowed a few days before and after the holiday. He feels that this issue affects animals. Personally, this problem has cost him over $1,000.00 in vet bills. He suggests that fireworks be allowed only for one day. His concern is that pets cannot speak for themselves. He feels his suggestion would cut down on problems with the Fire Department as well.

City Attorney Shawn Guzman advised that the League of Cities and Towns was not in favor of the change at the legislature. The League voiced their concerns that each jurisdiction should be allowed to control fireworks. The state is losing too much money to out of state fireworks. The City cannot currently prohibit fireworks in most areas of the City, unless there is a change by the Legislature.

Mr. Levine stated he feels all pets must be on leashes, cats included. When feral cats run from day and night, the dogs bark and disturb the peace. There are too many kittens out there. He feels the feral cats should be caught and sold.

Mayor Pike explained that is one item that is being looked at.

Thayne Bristol stated he feels that roundabouts are dangerous. He has come close to being hit by cars while in them and feels they are a waste of tax payer dollars. He believes a 4-way stop or traffic lights are a safer alternative.

Mayor Pike advised that there are people on both sides of this issue. There may be differing opinions even on the Council. Under the right circumstances roundabouts can be a good idea. In terms of price, they are similar to a traffic signal.


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February 6, 2014
Page Two

Brent Crosby stated he is concerned regarding the expense of the roundabout when the City cannot take afford to take care of the City Cemetery. In July, he found that one of his relative’s headstones was damaged. The Cemetery admitted that they damaged the headstones with the lawn mower. He has been told several times that the City does not have the funds to maintain the Cemetery properly. The water that is being used at the Cemetery is also damaging the headstones. He would like to schedule a time for the Council to meet him at the Cemetery.

Councilmember Hughes advised that the goal is to keep the Cemetery affordable. He has spoken with Kenworthy Monuments regarding the headstones and water. Possibly, staff can look at volunteers to help maintain the Cemetery. He stated that he will follow up with Mr. Crosby.

City Manager Gary Esplin stated the water is taken out of the River, pumped to the ponds at the City yard and then are pressured back down and they irrigate not only the Cemetery, but also City parks, the Dixie State University campus and the middle school and high school campuses. There have been discussions regarding the content of water.

Mayor Pike advised that the roundabouts are one time funds and the Cemetery long time funds.

Paul Gooch stated that residents in Little Valley tried to find ways to preserve agriculture use. They are not against development in the area and over the last few years they have
remained quiet. It wasn’t until this week, when Little Valley Road was closed, it dawned on them that the traffic in front of their subdivision is heavy. The potential to keep the agriculture is feasible if they get rid of the race track in their neighborhood. With having large animals they do not feel safe any longer. He and his neighbors are asking for a brief reprieve.

Dorothy Engleman stated that she is concerned about the fact that she heard different things regarding the opportunity to give public comment. There were a number of citizens present earlier to give their comments only to be told that they were forbidden to speak about their issues. She believes it is interesting that there was no way for the public to know, other than from the newspaper, that public comments were going to be heard. Previously a rule was that anything can be discussed unless the item was on the agenda that day. It seems to her, that the Council threw that rule by the wayside with the comments that were previously heard. She believes that there is an inequality with the public comment is being administered. Her hope is that citizens are encouraged to speak and that all rules are enforced equally.

Mayor Pike stated that he is sorry for the confusion, this is the first time public comments have been heard in this setting. He allowed the items that are on tonight’s agenda to be heard because the City is the other side. Although the rules may be adjusted a bit, he does not believe there will be a change regarding the rule that pending items cannot be discussed, such as 1450 River Road.

City Attorney Shawn Guzman stated this could be the other way around, the developer could have been here to speak and the residents were not notified that he was coming in to speak. The fairest way is to say if it is an issue requires a public hearing, the public hearing will be noticed.

Ronna Marker explained that she was confused because she received a letter dated February 6, 2014 notifying her that they were allowed to come to discuss the Jiffy Lube project. She stated that on the City’s website, under the General Plan 5.6.1, floodplain policies state “The City’s policy is to discourage any development within the 100 year flood plain. Exceptions can be made for uses compatible with periodic flooding such as trail systems, golf courses and other public or private uses that will permit the free passage of flood waters”. Chapter 1 states “The present planning challenge is to direct and to manage growth in order to preserve the quality of life now enjoyed by residents”. Having an outline of what the City is doing doesn’t help if it isn’t being followed, particularly not building in the floodplain. There were huge ramifications of the 2005 and 2010 floods with

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February 6, 2014
Page Three

regard to structures built in the floodplain. Her hope is that the Council is familiar with what is on the City Plan and she hopes they are more careful with obeying those presets.

Travis Marker stated that he feels it would be helpful if the City can look at how many residents actually live within the 500 feet when sending notifications for zone changes. He wondered if the borders can be looked at so that more residents that may be outside of the 500 feet could be given notice and give them the opportunity to participate. Additionally, he is aware that the General Plan is discretionary, however, it is clear that the City could make a provision that portions of the plan do become an ordinance that would have to be followed. He suggested stronger language in the General Plan, rather than it saying ‘discouraging’ it could say ‘prohibits’. It might provide some opportunity that may be beneficial to the City.

Mayor Pike advised that even ordinances can be changed.

City Attorney Shawn Guzman stated that is it fair to go beyond the 500 foot range when sending notifications. As far as the ordinances and General Plan, there is a reason why there is a General Plan. In the past there were Master Plans which, in sense, became the zoning. The General Plan just says that this intersection can be commercial. If it is done by ordinance, you lose the flexibility.

Mr. Marker stated that sometimes it may be better to have a law that is not flexible. He was astonished at the damage the river caused during the flood.

City Attorney Shawn Guzman stated that approximately 7 years ago, there was a drive at the Legislature to do away with all of any requirements regarding aesthetics on hillsides and engineering. Now you are talking about someone else’s property rights and Utah is a property rights dominated state. When you look at the flood plains, for example, with the laws that are in place, if a developer can engineer the property so that it is out of the flood plain, the City needs to be very careful about denying them the right to develop the property.

Councilmember Hughes advised that the notice can be looked at as it has been an issue at Planning Commission meetings.

City Manager Gary Esplin clarified the General Plan is a guideline. In the ordinance, a developer has the ability to build on their property if they take it out of the erosion hazard area and elevate out of the flood plain. The erosion hazard is different than the 100 year flood plain. The issues in Santa Clara were not because they built in the flood plain, it was because of an erosion hazard issue. Further, there is no federal or state law that states that building cannot happen in a flood plain. City code states that you can build in a flood plain if it is elevated 2 feet out of the flood plain, however, you can build a number of other things in a flood plain without elevating.

APPROVAL OF CONTRACT:
Consider approval of a contract with Progressive Contracting, Inc for the construction of River Road Bridge and Trail Erosion Protection.

City Manager Gary Esplin advised that the NRCS has completed a portion of the erosion hazard boundary along the south side of the Virgin River. This would provide extra protection for the River Road Bridge and utilities as well as provide a trail along this portion of the River.

Purchasing Manager Connie Hood stated that the total cost $104,484.18, the City’s portion is $67,117.00. The remaining portions will be paid for by the adjacent property owners.

MOTION: A motion was made by Councilmember Almquist to award to Progressive Contracting, Inc. for the project discussed in the amount of $67,117.00, total cost of $104,484.18.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

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February 6, 2014
Page Four

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid to Progressive Contracting to build the 600 West Tonaquint and 400 East Tabernacle roundabouts.

Purchasing Manager Connie Hood advised Progressive Contracting submitted the low bid of $549,117.67. There were 3 bidders for this project.

City Manager Gary Esplin stated the roundabouts will have landscaping similar to what is on the other side of the road. Additionally, there will be a sidewalk and the roadway will be widened and tie in to Dixie Drive. He advised that the Council authorized expenditures of funds to finish the entire project. Staff will be providing some of the trees at the nursery.

Councilmember Arial asked if there were plans for landscaping within the roundabouts. Citizens are concerned about the height of some of the plants used.

City Manager Gary Esplin stated that staff can make sure they are not too high. There is a potential for an art piece in the middle. Safety is always a concern.

Councilmember Hughes stated he is not generally in favor of roundabouts; however, he has concluded that drivers do not drive through them properly.

MOTION: A motion was made by Councilmember Hughes to award the bid to PCI for the 600 West Tonaquint and 400 East Tabernacle roundabouts in the amount of $549,117.67.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

Councilmember Almquist stated that most of the decision is based on a graduated scale of what would be appropriate for an intersection. What level the intersection is graded will tell you what the appropriate application, a signal, a roundabout or a 4-way stop.

AMENDED
MOTION: A motion was made by Councilmember Hughes amended his motion to include the landscaping for $117,199.23 for the alternate.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.
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February 6, 2014
Page Five

APPROVAL OF CONTRACT:
Consider approval of a contract with Progressive Contracting, Inc for the construction of the 2013 Riverside HMGP Project

Purchasing Manager Connie Hood advised this project is partially funded by a grant. This contract would be with Progressive Contracting, Inc. for the construction of the 2013 Riverside HMGP project. The grant would cover 75% of the cost, the City would cover 25%. Total cost of the project is $208,240.00.

City Manager Gary Esplin explained this area is right below the Volunteer Doctor’s Clinic and the parking lot for the Virgin River trail. During the last flood, the City applied for and was awarded a grant from the State and FEMA to mitigate for future storms. This would solidify that particular area. The City’s match is 25%.

MOTION: A motion was made by Councilmember Almquist to award the bid to Progressive Contracting, Inc for the Riverside HMGP project, total amount of the project is $208,240.00, with the City being responsible for 25%.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider approval of an agreement with PUB-QP, LLC to construct improvements along 3000 East, Phase 2, in the vicinity of 1130 South.
Purchasing Manager Connie Hood advised this cost sharing agreement is with Quality Properties for Phase 2 of the 3000 East project. The cost of the agreement is $126,000.00.

City Manager Gary Esplin explained that as the next phase of 3000 East is improved, this is the portion goes from Phase 1 north to the new road that will be built as part of the Mall Drive Bridge. This project will widen the shoulders to the west side. The property owner has agreed to dedicate the roadway and install curb and gutter. The City will then improve the road. Since there are no plans to develop the area at this time, the City will have to use funds to advance the tie in to the Mall Drive Bridge.

Councilmember Hughes inquired if there was a way to have an agreement in which adjoining property owners reimburse the City when they develop.

City Manager Gary Esplin advised the funds will come from impact fees so someone has already paid.

MOTION: A motion was made by Councilmember Hughes to approve the agreement with PUB-QP, LLC for the improvements along 3000 East, Phase 2 in the amount of $126,000.00.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.
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February 6, 2014
Page Six

CHANGE ORDER:
Consider approval of a change order to the 3000 East, Phase 1 project to extend improvements for an additional 525 feet along 3000 East in the vicinity of 2000 South.

City Manager Gary Esplin advised this request is a similar situation as the last item. The developer has stated that he will not improve his property at this time, it may be 2-3 years. There is a section of property that will not be improved unless the City does it. The developer has agreed to contribute $30,000.00 and will dedicate a specially designed manhole that is needed. The City will put in the additional improvements along the frontage in order to tie the whole project on that side of the road. There is no way of forcing someone to pay, so there have never been reimbursable agreements with developers. The total cost is $82,107.50 with the City’s portion being $52,107.50.

MOTION: A motion was made by Councilmember Arial to approve the change order in the amount of $52,107.50.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid to Bud Mahas Construction for the City Hall East Annex Plaza on 200 East.

City Manager Gary Esplin stated this request is for the award of bid to Bud Mahas for the City Hall East Annex Plaza on 200 East.

Purchasing Manager Connie Hood advised that Bud Mahas came in with the low bid. The cost of the bid, including the alternate is $152,552.07. There were 3 bids received.

City Manager Gary Esplin explained that Bud Mahas has the existing contract to move the Recreation Department to the East Annex. This bid will be for the cement and re-doing the plaza. There are funds in the current budget.

MOTION: A motion was made by Councilmember Randall to award the bid to Bud Mahas Construction for $152,552.07 for the City Hall East Annex Plaza.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid to Interstate Rock Projects, Inc for Little Valley Road improvements.

City Manager Gary Esplin advised during the current budget, $860,000.00 was budgeted for improvements on Little Valley Road. There have been property owners stating the road was


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February 6, 2014
Page Seven

unsafe with the amount of traffic. Little Valley Road was dedicated as a 66 foot road in 1982. All subdivisions that have been improved in that area have deeded the right of way for the 66 foot road. Eventually, the road will hit 3000 East and go across the Fort Pierce Wash. Council has instructed staff to install 30 feet of pavement down to Crimson Ridge Drive. Tonight’s agenda includes a request for an agreement with the developer to jointly put in the improvements. Once construction starts on Little Valley Road, there will be no access. Staff recommends taking an additional $250,000.00 to improve from Crimson Ridge Drive to Banded Hills Drive. There will be a number of connections to 3000 East when everything is done. The developer is putting in $1.5 million to make the improvements on his side of the road. The City is putting in $400,000.00 and will end up with a 40 foot road. Additionally, included in the current budget are funds to improve Little Valley Road.

Councilmember Hughes inquired how far the curb and gutter will go.

Transportation Manager Cameron Cutler replied that this project puts curb, gutter and sidewalk on the east side of the road to Horseman’s Park Road. He stated that he met with each property owner to discuss how this will affect their driveways and driveway entrances. He explained that drainage would be an issue without curb and gutter.

City Manager Gary Esplin advised the request is to approve an agreement with Quality Excavation and for the City to reimburse them later. If the property owner makes his improvements now and the City waits, there are some issues with the water line that runs through the middle of the road. His understanding with the timing on 3000 East is that it will be completed in approximately 2-3 weeks with the idea of having it to Crimson Ridge Drive. The developer is already working on some of the excavation. Council can choose not to participate at this time and require the property owner to do his frontage and could have a 25 foot road which is not enough in his opinion versus having a 40 foot road all the way to Banded Hills.

Councilmember Almquist stated he feels that anything that make 3000 East safer in a cost sharing agreement is worth it. He believes there will be more of a benefit by doing the improvements at the same time. The whole purpose of having a grid or a network is having alternatives for safety reasons. In this case, whatever traffic calming can be done to allow the agriculture feel, go ahead and improve 3000 East.

Councilmember Hughes stated one issue that he feels is important, is preserving the agriculture lifestyle in the Little Valley Area. He would like the Council to do a site visit to the area before this bid is awarded.

City Attorney Shawn Guzman inquired about how long the bid is good for.

Mr. Cutler answered that he would have to check the bid documents.

Councilmember Bowcutt stated he has the same concerns that Councilmember Hughes has. He asked if the request can be tabled at this time.

Councilmember Randall stated that after spending time in the area this morning with Councilmember Arial, she agrees with Councilmember Hughes. She would like a site visit as well.

Councilmember Almquist inquired if the road is safe enough to remain in the current condition.

Mr. Cutler replied that he would have to find out how much of the chip seal has been torn up. It can be maintained with roadbase but will have to watered frequently so there is no dust.

Mayor Pike stated that in light of the comments and pending bid, he suggests the Council do a site visit next week.

Councilmember Arial stated that she has great sympathy for the agriculture areas, however, she feels there is a great need to improve the road and provide additional access.

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February 6, 2014
Page Eight

City Attorney Shawn Guzman advised to continue on with the other agenda items and have Mr. Cutler research the time frame of the bid.

Mayor Pike stated that he feels there is no reason to wait on item 2H, however, he would like to wait until it is determined when the bid will expire, to take action on item 2B.

APPROVAL OF AGREEMENT:
Consider approval of an agreement with Quality Excavation for improvements on 3000 East in the vicinity of Crimson Ridge Drive and Banded Hills.

MOTION: A motion was made by Councilmember Almquist to approve the agreement with Quality Excavation for improvements on 3000 East from Crimson Ridge Drive and to Banded Hills.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

AMENDING SECTION 10-10-5:K OF THE CITY ZONING REGULATIONS/ORDINANCE:
Consider an ordinance amending section 10-10-5:K of the City Zoning Regulations to modify the requirements for mixed use projects in the C-4 zone.

Bob Nicholson stated the mixed use standards applies only to the C-4 zone, which is a small portion in the downtown area. The mixed use combines residential and commercial uses. Plans have to be approved by the Planning Commission and City Council similar to a planned development zone. In the mixed use standards, there is not a density cap. The factors for limiting the density will be building height, parking requirements and the landscaping. If a project is built in phases, each phase shall be all commercial or may include a mix of commercial and residential use. No phase shall be solely residential. Wes Davis suggested to add that no phase shall be solely residential unless some commercial has been built in previous phases.

City Attorney Shawn Guzman stated that he agrees with Mr. Davis’ suggestion. Saying some commercial is not clear enough, however, staff can work on a ratio that will work.
Mr. Nicholson advised there are some basic building design standards will require a building facade to have architectural variations. The ordinance could include language that requires that material samples be included for approval. This is required in a PD zone. There is no density cap, so when approving, you will want to make sure it is a high quality building of character.

Councilmember Almquist advised that he would like to add language to that effect.

Mr. Nicholson stated with regards to the landscape provisions, the proposed ordinance states that mixed use developments must provide a minimum of 20% of the total site area in landscaping, which may include recreation facilities such as playgrounds, outdoor pools, tennis courts and basketball courts. No more than half of the total required landscape area may consist of recreation facilities.

City Attorney Shawn Guzman advised that changes need to be made to the proposed ordinance. Currently, the language states that a minimum of 50% be for commercial uses. He inquired if it could say that no phase shall be solely residential unless at least 50% of the minimum commercial use has been built.
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February 6, 2014
Page Nine

MOTION: A motion was made by Councilmember Hughes to amend the City Zoning Regulations for mixed use projects in the C4 zone with the changes give to Bob Nicholson.
SECOND: The motion was seconded by Councilmember Arial.

Councilmember Almquist eager to move forward. Talked about the fact that some of the buildings will have a sidewalk and frontage with no landscape requirements. He inquired if street trees will be required.

Mr. Nicholson replied that the commercial store front may have an extra wide sidewalk.
City Attorney Shawn Guzman advised trees can be addressed when the site plan comes in for approval. The way the proposed ordinance is drafted it will give an opportunity to review that.

VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider a resolution increasing the fees at the St. George Animal Shelter.

City Manager Gary Esplin advised the resolution is a recommendation for changes of the fee structure at the Animal Shelter.

Sergeant Fuller stated that the proposed fees changes are as follows: Relinquishing an animal be $50.00; impound fees be $50.00 for the first impound, $75.00 for the second and $100.00 for the third; and adoption fees be $50.00 for dogs which would include the spay and neuter fee. Additionally, after the Animal Shelter Review Board meeting, staff felt that $50.00 may be too much for adult cats, therefore, they suggested the fee to adopt a cat be $40.00.

Mayor Pike stated that he attended the board meeting this past Tuesday. He thanked Sgt. Fuller for his work. His plan is to expand the board as he was impressed with the members and for what they are doing to help get the animals adopted. The boarding fee will remain$5.00 per day.

Councilmember Hughes asked if the animal rescue groups are in agreement with the fees. He is concerned with the first time impound fee, he feels it may be too high.

Mayor Pike advised there is a cost of sending someone out to get the animal. In comparison to other city’s the proposed fee is reasonable.

MOTION: A motion was made by Councilmember Arial to approve the resolution increase the fees for the St. George Animal Shelter per the schedule provided, adding that the adoption fee for cats be $40.00.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye


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February 6, 2014
Page Ten

The vote was unanimous and the motion carried.

SALE OF CITY PROPERTY:
Consider the sale of excess City property located next to 2881 South Evergreen Drive. Samoa Tumanuvao, applicant.

City Manager Gary Esplin advised that in order to sell 16.08 sq feet of City owned property to the adjacent property owner, it needed to be declared surplus. This request has been reviewed by the JUC. The proposed purchase price is $1.00 per square foot.

Councilmember Arial stepped out.

MOTION: A motion was made by Councilmember Almquist to proceed.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye

The vote was unanimous and the motion carried.

Mr. Tumanuvao thanked the Councilmembers for their consideration.

FEE WAIVER:
Consider approval of a fee waiver for the use of Snow Park for the Best Friends Animal Society Pet Super Adoption event. Tamara Simon, applicant.

City Manager Gary Esplin advised that staff is in agreement with the fee waiver and encouraged the adoption program to go forward.

MOTION: A motion was made by Councilmember Bowcutt to approve the fee waiver.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye

The vote was unanimous and the motion carried.

Councilmember Arial returned.

FULL SERVICE RESTAURANT LIQUOR LICENSE:
Consider approval of a full service restaurant liquor license for the Ninja Japanese Steakhouse & Sushi Restaurant located at 245 North Red Cliffs Drive #10. Jun F Zhou, applicant.

City Manager Gary Esplin advised this new business is in the same location as the former Samurai 21. Technically it will be a new license, however, the previous owner had one. The applicant meets all requirements and staff recommends approval.

MOTION: A motion was made by Councilmember Randall to approve the liquor license for the Ninja Japanese Steakhouse & Sushi Restaurant.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye

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February 6, 2014
Page Eleven

Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height up to 29" at 2529 East 3860 South. Gerard Holzapfel, applicant.

City Manager Gary Esplin apologized to the applicant for not having this on the previous agenda. He advised that the planning Commission recommends approval.

Craig Harvey stated the height will exceed what is allowed, therefore a conditional use permit is required. The residence is located at 2529 East 3860 South, zoning is RE-37.5. The proposed structure will be located in the rear yard approximately 90 feet from the house and 10 feet from the side and rear property line and will be used to store the applicants boat and RV. The proposed height is due to accommodate the main dwellings roof pitch in addition to the height of the RV. The garage will have the same finishes as the existing home and similar colors. Planning Commission recommends approval with findings. A letter in opposition was received from a neighbor to the east that explained that there will be a partial blockage of the their view, however, for the applicants to not obstruct the view, they would have to move it almost the same length of the structure forward. The applicant’s property is approximately 4 feet lower than their neighbors.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

APPOINTMENTS:
Mayor Pike mentioned that the Mayor and City Council are members of the Solid Waste Board meet on Monday at 5:00 p.m.

CONTINUED DISCUSSION:
Consider award of bid to Interstate Rock Projects, Inc for Little Valley Road improvements.

City Manager Gary Esplin advised the bid will expire 60 days from January 28, 2014.

Mayor Pike stated he feels the Council should make a trip to the area. The project has been approved in the current budget.

MOTION: A motion was made by Councilmember Almquist to table the request to February 20, 2014 and to include a site visit on the agenda for February 13, 2014.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye



St. George City Council Minutes
February 6, 2014
Page Twelve

Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.



MINUTES:
Consider approval of the minutes from the City Council meeting held on January 6, 2014.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes from the City Council meeting held on January 2, 2014.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes from the City Council meeting held on January 9, 2014.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

ADJOURN TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Almquist to adjourn to a closed session to discuss a land issue.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a roll call vote, as follows:

St. George City Council Minutes
February 6, 2014
Page Thirteen

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.






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Christina Fernandez, City Recorder