City Council Minutes

Thursday, March 6,2014



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 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
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Christina Fernandez

EXCUSED:
Councilmember Arial

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

COMMENTS FROM THE PUBLIC:
Charles Brooks provided a copy of the letter their HOA sent to the Engineering Department voicing their concern regarding the intersection of Sunset Boulevard and Tuweap. He stated the problem is that the west bound traffic has no impediment until you reach Lava Flow in Santa Clara. The speed limit is 40 miles an hour, however, most drivers go faster. Additionally, he is concerned that there is not a painted crosswalk that children can cross in while walking to and from school, which is a safety issue, as well as the fact that a number of kids ride their skateboards in the bike lane. Their wish is that the City consider installing a traffic signal at that intersection.

Public Works Director Cameron Cutler stated that he will look into the intersection and that staff can add a painted crosswalk. Additionally, a speed study can be done since this segment of the roadway is in the City’s jurisdiction.

City Manager Gary Esplin suggested that a crossing in the Sand Hollow wash be added for kids walking to Snow Canyon High School and Middle School.

Mr. Cutler stated that the City would have to work with Santa Clara City to install that crossing.

Santa Clara City Mayor, Rick Rosenberg, stated that his staff will work with Mr. Cutler.

AWARD OF BID:
Consider approval of a change order for Interstate Rock Products to align the intersection of 3000 East and 1140 South.

City Manager Gary Esplin advised that at the last City Council meeting, the Council awarded the bid to Interstate Rock Products for continuation the second phase of 3000 East from 1450 South to the new road that will be built for Mall Drive Bridge. He explained that staff recommends a change order for additional work to align the intersection as 1140 South east of 3000 East is a farm road and does not align well with the improved 1140 South west of 3000 East.

Jay Sandberg stated that as part of this project, staff will do a change order to do the same with Merrill Road as traffic increases in the area.

MOTION: A motion was made by Councilmember Randall to approve the change order for Interstate Rock Products in the amount of $126,019 to align the intersection at 3000 East and 1140 South.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

St. George City Council Minutes
March 6, 2014
Page Two

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider a resolution to add the Sand Hollow Regional water line to the Washington County Water Conservancy District’s Capital Facilities Plan.

City Manager Gary Esplin advised that under an agreement the City has with the Washington County Water Conservancy District, their Capital Facilities Plan is presented to the City Council for approval.

Ron Thompson, with the Washington County Water Conservancy District, stated that in the last 15 years, there have been more years of significant drought than average. He does not believe there be a significant run off this spring. Last year, they delivered approx 7.5 billion gallons of water to regional cities. They encourage all regional cities to continue with conservation efforts. He appreciates St. George for their water ordinances. Additionally, he explained that they have is a policy that sets a budget with the cities, if they go over the budget, they give the city a rebate over their cost. He presented a rebate check to the Council. The regional agreement requires a committee that looks at the underlining infrastructure. By agreement, any project that benefits two or more cities, would be regionalized and built through the Capital Facilities Plan. Adding a project requires the consent of the majority of the cities. He explained that the big line that goes from Quail Creek Reservoir to Snow Canyon is primarily used to augment water supply as well to blend with some of the water in Snow Canyon and Gunlock to help with the arsenic issues. Because Sand Hollow water has some residual arsenic, more water in needed to blend on the west side. As they update their Capital Facilities Plan, they would like to add this as an additional project. Most cities have consented.

Councilmember Almquist stated that it is important to note that 10 years ago, Mr. Thompson could not discuss how water was moved around. Connecting all of the lines together helped water quality. He inquired about the level of the reservoirs.

Mr. Thompson spoke about the level of the reservoirs.

MOTION: A motion was made by Councilmember Almquist to approve the resolution to amend the WCWCD Capital Facilities Plan as directed for the water line and to add the water line to the District’s Capital Facilities Plan.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin stated that Mr. Thompson has been great to work with. With regards to available water, the City has reuse water thanks to Mr. Thompson.

Mayor Pike stated that he and City Attorney Shawn Guzman met with Mr. Thompson and other Water District leaders. What is good for the District is good for the City.

RESOLUTION:
Consider approval of the Municipal Wastewater Planning Program resolution.



St. George City Council Minutes
March 6, 2014
Page Three

City Manager Gary Esplin advised that the State requested the City perform an self-evaluation of the Wastewater Planning Program.

Water Services Director Scott Taylor stated that the MWPP looks at 3 different aspects of the wastewater system. They are financial planning, the condition of the collections system and the conditions and operation of the treatment plant. Staff has gone through the process and looked at recommendations. He explained that the Wastewater Treatment Plant is designed for 17 million gallons a day of treatment capacity, however, they are starting to see a bit of an increase. The plan is a 2 phase expansion of the Wastewater Treatment Plant. While there are funds set aside for the 1st phase, there are not funds for funds for the 2nd phase. The first phase will take approximately 5 years and 10 years for the 2nd. Additionally, there are a number of plans on how to operate the plant that he believes should be combined into one comprehensive plan. One of the biggest problems is that the Wastewater Treatment Plant is old.

City Manager Gary Esplin complemented Mr. Taylor and the crews for the job they do.

Councilmember Bowcutt inquired if there was anything that can be done to come up with the funds for future expansions.

City Manager Gary Esplin clarified the reason for the needed expansion is growth. Funds received from other cities will pay for the first expansion. For the next expansion, the Council at that time, will have to look at what funds can be used.

MOTION: A motion was made by Councilmember to approve the Municipal Wastewater Planning Program as required by Utah law.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/GENERAL PLAN LAND USE MAP AMENDMENT/ORDINANCE:
Consider a request of an amendment to the General Plan Land Use Map by changing the land use designation from Professional Office and Business Park to Commercial and High Density Residential on approximately 47.5 acres located on both sides of the proposed extension of Mall Drive just south of Riverside Drive, and north of the Virgin River. Wadman Corporation, applicant.

Bob Nicholson stated that sides of the proposed extension of Mall Drive just south or Riverside Drive and north of the Virgin River. The applicant is requesting that 31.8 acres be changed to COM and 15.7 be changed to HDR. The current zoning is C-2 on the southeast corner and R-1-10 the remainder of the land. Approximately 92% of the property is outside of the 100 year floodplain. Erosion hazard is a concern for much of the parcel, therefore, certain erosion protection measures should be required prior to any development of the site. No residential development will be allowed within the 100 year floodplain boundary. The proposed erosion protection wall is critical to safeguarding future development from flooding due to erosion, therefore, no zone changes or subdivision platting with the erosion hazard boundary should occur until approval is granted by the Corps of Engineers for the construction of the erosion protection wall in the location proposed by Rosenberg Associates. The assessment done by Rosenberg Associates contains 7 recommendations for the proposed project and should be conditions of the approval for the project. There is a proposed public street which connects Mall Drive to 2450 East Street.

Rick Rosenberg, representative for the applicant, stated that the property has been used as agriculture property in the past. He is working with the Engineering Department to

St. George City Council Minutes
March 6, 2014
Page Four

locate the roadway and the erosion wall. The floodplain impact area is north of the trail. Erosion hazard zone is a red flag, not a development constraint, you have to consider the impacts and the risk of erosion. There is a rock wall proposed and has to be in place prior to development.

Councilmember Bowcutt inquired if recommendation #6 could be added to the plan.

Mr. Rosenberg replied that can be added to the zoning documents.

City Manager Gary Esplin stated that there are funds available to maintain the flood walls. The property owner will be responsible to install the wall, however, the City will maintain it. The reason this is being done is to keep the water in the channel.

Mayor Pike inquired if the City assumes liability for what is built in the erosion plane.

City Attorney Shawn Guzman stated that the City would not assume any more liability other than maintaining the wall.

Councilmember Almquist would like #7 of the recommendations to be repeated with other documents or on the plat itself.

Mr. Rosenberg stated that it should be acknowledged by the developer and any future property owners that floods larger than the 100 year flood can and do occur.

Mayor Pike opened the public hearing.

Jinks Dabney, an attorney, stated that he is concerned with rule 5.6.1 which has 6 subsections, 4 of them he encouraged the Council to read. If the master plan is going to be changed in a floodplain, the rules need to be looked at. Either change them or throw them out. As he reads the language, he feels the City has violated its own rules. He read excerpts from the subsections. His point is that the Council needs to redo the rule if they continue to allow development in the floodplain. In the law, mitigation happens when someone has messed up and you want to soften the damages. He has difficulty imagining how the floodplain can be mitigated. His concern is that mother nature is being messed with. He would want to protect the floodplains by developing outside of them.

Betty Hackett, resident, stated that she did not know what was on the agenda but is glad she is here. She is concerned about the high density area being proposed and does not want City Council to approve the request. Additionally, if the City has overbuilt, do not tell her to conserve water.

Jordan Mathis, resident, stated that he lives in the townhouses adjacent to the proposed development. He is concerned that those are busy roads. If there are more houses, there will be more kids trying to walk along the busy roads.

Mayor Pikes stated that there will be a traffic signal installed on Mall Drive and Riverside Drive.

Mr. Mathis stated that a traffic signal is a nice idea for the future. The City is forcing parents to drive their kids to school when they can walk since it is a short distance. Either plan the signals or plan an overpass.

Brent Crosby, resident, stated that in the past, he represented a number of service stations in Arizona. He cannot imagine anyone building a service station with underground storage tanks in the floodway. He thinks the Colorado River Trust would be interested to know what is adding to the pollution in the Virgin River.

Mayor Pike closed the public hearing.

City Manager Gary Esplin explained that this is a general plan amendment, therefore, traffic will be looked at when a development comes in. In this location, 95% of the
St. George City Council Minutes
March 6, 2014
Page Five

proposed area is outside of the 100 year flood. There is a 1% chance each year that there will a 100 year flood. Since the law prohibits any dwelling in a flood way, the City has not allowed development in the flood way. Maverik is not in the flood way, it is in the 100 year floodplain. Per City policy, if it is elevated 2 feet out of the 100 year flood plain, you can develop. The City has gone beyond the standard by creating the erosion hazard plan and has received FEMA grants to mitigate future projects. He believes the map should be looked at to determine if a C-3 zone is appropriate in that area. Regarding the density, some people cannot afford to build a house, there has to be some density shared throughout the entire City so it is not all in the same area.

City Attorney Shawn Guzman stated he agrees with the City Manager. The federal government allows the structures that are put in place to protect structures that are already built. Walls are designed to have a channel wide enough to allow the rivers to meander. The City is not channelizing the River, it is for erosion protection.

City Manager Gary Esplin stated that he believes the City is not getting credit for what it has done. If you look at ownership along the River, the City has purchased a great portion of the property.

Mayor Pike stated he is quite pleased because he believes the City is meeting the intent of the general plan.

Councilmember Hughes stated that the property is currently zone R-1-10. The request is to change the general plan to allow for different types of building.

Mr. Nicholson stated the item was approved unanimously at the Planning Commission meeting.

Councilmember Hughes stated, in his opinion, tonight what they are approving is what kind of uses can be done there, not if they can build up to the erosion boundary. In the future, they may need to look at the River policy, however in this instance, he is doing what he swore to do. He believe that property rights are important. He wants to keep the River as pristine as it can be.

Councilmember Almquist commented that he remembers something that Mr. Nicholson said approximately 15 years ago - design trumps density. Even though they are talking about the general plan tonight, he encouraged the applicant to plan something that will work in this area.

MOTION: A motion was made by Councilmember Almquist to approve the request to amend the City General Plan Land Use Map by changing the land use designation from Professional Office and Business Park to Commercial and High Density Residential on approximately 47.5 acres located on both sides of the proposed extension of Mall Drive just south of Riverside Drive, and north of the Virgin River with the addition that the Planning Commission’s hazard mitigation recommendation be a part of the motion.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin commented that thousands of dollars were spent on this plan. Anytime you do an NRCS project, the federal government has to approve what goes into the River and that it meets environmental regulations and proper permits are issued.

Mayor Pike commented that the walls along the River saved his home in the flood of 2010.
St. George City Council Minutes
March 6, 2014
Page Six

USE OF ST. GEORGE REGIONAL AIRPORT:
Consider approval of a request to use the St. George Regional Airport facility for United States Marine Corps training exercises. Special Agent Rick Rendon, applicant.

City Manager Gary Esplin advised the applicant is requesting to use the regional airport for Marine Corps training exercises. There were no issues with this event in the past.

MOTION: A motion was made by Councilmember Almquist to approve the request.
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

The vote was unanimous and the motion carried.

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM:
Consider requests for funding under the 2014-15 Community Development Block Grant Program.

Community Development Block Grant Program Administrator Karen Christensen advised the item is to consider the requests that have come in for the FY 2015 CDBG program. She would like the City Council recommendations tonight so that she can prepare the annual action plan and have public comment at that time.

City Manager Gary Esplin stated that the City is allowed to charge a certain percentage of the grant amount for administration. In addition to the STG Administration, the projects that will receive funds are: 1) Homeless Housing; 2) Five County Association of Government, Family Support Center, and The Learning Center for Families; 3) STG Water Services; and 4) Volunteer Center.

Ms. Christensen stated that the City received slightly over $500,000, however, the budget is $450,000. There are other agencies that have requested assistance but there are not enough funds available.

MOTION: A motion was made by Councilmember Hughes to approve the CDBG funding projects as outlined for 2014-15.
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

The vote was unanimous and the motion carried.

Councilmember Almquist mentioned that Habitat for Humanity applied for funds to purchase land to build homes. Although that would be a worthwhile cause, this year, the need to help the homeless had to take priority.

City Manager Gary Esplin stated it is important to mention that the City has discounted a lot for the Habitat for Humanity.

LOCAL CONSENT/ BEER ONLY RESTAURANT LICENSE:
Consider approval of a request for a local consent for a beer only restaurant license for Tacos De Marcos located at 1812 West Sunset Boulevard, #5. Jessica Rivera, applicant.
St. George City Council Minutes
March 6, 2014
Page Seven

City Manager Gary Esplin advised the applicant has an existing license at Peppers Cantina and has met all requirements.

Mayor Pike excused Councilmember Almquist.

MOTION: A motion was made by Councilmember Randall to approve the local consent for a beer only restaurant license for Tacos De Marcos.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ON PREMISE BEER LICENSE:
City Attorney Shawn Guzman advised there is an additional license for The Patio. He explained the restaurant had a license but has expired. The owner was set to sell the restaurant, however, the sale fell through. It is the same applicant as it has always been.

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

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Craig Harvey advised that the Planning Commission, at its meeting held February 25, 2014, recommended a public hearing be set for March 20, 2014 to consider a zone change request from M&G and A-1 to R-1-10 for Hawthorn Estates on approximately 29.97 acres of land located at approximately 3500 South and 3000 East.

Mayor Pike stated that is the date of the Caucus, he suggested a different date.

City Manager Gary Esplin suggested the next work meeting be made a regular meeting to hold the public hearing.

MOTION: A motion was made by Councilmember Hughes to set the public hearing for March 27, 2014.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Todd Jacobsen presented the final plat for Sun Valley Estates Phase 13, a 6 lot residential subdivision located at Auburn Drive and Banded Hills Drive, zoning is R-1-20. There will be a delay on the improvements along 3000 East until future development happens.

MOTION: A motion was made by Councilmember Randall to approve the final plat for Sun Valley Estates Phase 13.
SECOND: The motion was seconded by Councilmember Hughes.

St. George City Council Minutes
March 6, 2014
Page Eight

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Kenny Estates, a 6 lot residential subdivision located at 2660 East and 430 North, density is 6 dwelling units per acre and zoning is R-1-7. The developer is proposing to bond for utilities to lot 6 and for sidewalk along 430 North. Since the lots are double fronting lots, a 10 foot landscape strip and a 6 foot high privacy wall along 450 North Street will be required. Additionally, the developer will be responsible to install curb and gutter along 450 North.

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

Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - 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 of 21 feet to roof peak, located behind the home at 2501 East 3860 South. Jared and Aimee Thatcher, applicants.

Craig Harvey advised the request is to construct a detached garage at a height of 21 feet. Zoning in the area is RE-37.5. The proposed structure will be located in the rear yard approximately 90 feet from the main dwelling and 10 feet from the side and rear property line and will be used for storage of an RV and ATV’s. The height of the garage will match the roof pitch of the home and will have the same finish as the home. Additionally, the proposed structure will not encroach onto any City easements. Planning Commission recommends approval.

MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit for the oversized garage up to 21 feet.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FIRM GAS TRANSPORTATION AGREEMENT:
Consider approval of a Firm Gas Transportation Agreement with Questar Gas Company.

City Manager Gary Esplin stated that Phil Solomon negotiated this agreement. The agreement allows the City to get a firm commitment of gas.

MOTION: A motion was made by Councilmember Randall to approve the Firm Gas Transportation Agreement with Questar Gas Company.

St. George City Council Minutes
March 6, 2014
Page Nine

SECOND: The motion was seconded by Councilmember Hughes with the comment that this is something that has been needed for a long time.
VOTE: Mayor Pike called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPOINTMENTS:
Mayor Pike stated that he would like to appoint Councilmember Arial, City Manager Gary Esplin and himself to the Washington County Interlocal Agency board.

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

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

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes from the City Council meeting held on January 16, 2014.

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

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

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes from the City Council meeting held on January 23, 2014.

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

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

The vote was unanimous and the motion carried.

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

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


St. George City Council Minutes
March 6, 2014
Page Ten

The vote was unanimous and the motion carried.





_________________________________ Christina Fernandez, City Recorder