City Council Minutes

Thursday, April 24,2014

APRIL 24, 2014, 4:00 P.M.

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

Councilmember Jimmie Hughes


Mayor Pike called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Larry Gardner the invocation was offered by Rabbi Helene Ainbinder with the Beit Chaverim congregation.

City Manager Gary Esplin advised there are some changes at The Ledges with regards to ownership and relationships.

Stacy Young, who represents the developer, presented a powerpoint presentation covering the following topics: Overview; Community-Wide Improvements: Water & Sewer; Community-Wide Improvements: Overpass & Collector Roads; Community-Wide Improvements: Drainage; Community-Wide Improvements: Golf; Review of Master Plan Version s: Original PD (2004); Review of Master Plan Versions: Current PD (Amended 2007); Review of Master Plan Versions: Proposed Amendments (2014); Complementary Land Uses: Commercial Site, Parks, Public Safety Facilities; Similarities & Differences of Proposed Amendments vs. Prior PD Versions; What about the 2nd golf course?; Converting the Bubble Land Use Plan into Neighborhoods; Conceptual Trail & Open Space Plan; Design Theme: Example Architecture; Design Theme: Example Landscaping, Lighting, Signage; and Proposed Short Term Rental Program.

Planning Commission Chairman Ross Taylor asked if the short term rentals will be built into the CC&R’s and if they will be administered and maintained by the HOA.

Mr. Young replied yes, that is their intent. Currently, there are no short term rentals in the area.

City Manager Gary Esplin explained that short term rentals are 29 days or less.

Mr. Young stated that there has never been an approval of nightly rentals attached to this subdivision. He continued with the powerpoint presentation covering the following topic: Proposed Short Term Rental Program (Intermediate Designation).

City Manager Gary Esplin stated that he is concerned with how much of the west side is going to be on their own under the old plan and the other side will be under the new plan. He sees no conflict on what the previous intent has been as long as they have the same right to develop as they have had in the past.

Mr. Young stated that they would like to bring the amendment in two steps for approval.
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April 24, 2014
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Councilmember Almquist asked Mr. Young if they are going to free up the golf course area, why would the buffer create a problem for space.

Mr. Young replied that the challenge is with the way the buffer is designed, the alternative is to do clustering.

Larry Gardner stated that were water concerns when the area was annexed into the City. There is a comprehensive effort to make reuse water available.

City Manager Gary Esplin explained that there was a trade of water rights. In exchange of culinary rights, the City gave them reuse water rights. Culinary water is provided to this development from wells the City purchased from Tolman. As the area is developed, there will be water issues that will have to be dealt with.

Public Works Director Cameron Cutler advised that Athens Drive is a 60 foot right of way. A sidewalk was installed next to the curb and gutter rather than away from the curb and gutter. Additionally, a six foot high rock wall was installed two feet behind the sidewalk, inside the right of way. The contractor did not obtain a permit to install the wall. The proposal is to take off half of the wall and install a landscape strip and build another three foot wall. Additionally, the sidewalk should have been a five foot sidewalk, but was put in as a four foot sidewalk, which they are proposing to keep. The developer is also proposing to move the right of way.

Councilmember Almquist inquired if the proposal will disturb any of the privacy walls that are currently installed in the area.

Mr. Cutler stated that he does not know.

City Manager Gary Esplin read an email received from Wes Jenkins explaining the circumstances and a suggestion to remedy the situation.

The consensus of the Council is to table the item until the Councilmembers have a chance to visit the site individually.

City Attorney Shawn Guzman advised that Police Chief Marlon Stratton, Deputy Police Chief Rich Farnsworth, Fire Chief Robert Stoker, Deputy Fire Chief Kevin Taylor, Communication Manager Cindy Flowers and Communication Center Assistant Manager Justin Grenier were present to answer questions that may arise. They have been working on an ordinance regarding ambulance standards. He read and reviewed a draft of the proposed ordinance.

Mayor Pike commented that operational requirements do not state that the supervisor or manager must be local.

City Attorney Shawn Guzman advised that requirements in the draft can be added to the ordinance.

Chief Stoker stated that he felt it was important that this draft ordinance was drafted for the City, not with any particular provider in mind.

City Manager Gary Esplin stated the draft ordinance is what the City wants in a service provider. The provider can negotiate if they wish to have different standards. He believes there should be a person in charge.

City Attorney Shawn Guzman stated the ordinance could include a requirement that the provider identify the person in charge for each shift. They will need to inform dispatch who that person is as well as provide contact information.

Councilmember Almquist stated he believes there should be a dedicated person in charge.

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April 24, 2014
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The consensus of the Council is that there needs to be a local contact person who is in charge, not a rotating supervisor, and that this person must live in Washington County.

Councilmember Randall inquired why anyone would call the provider directly rather than calling the non emergency dispatch number. She believes that all calls should go through the dispatch center.

City Attorney Shawn Guzman replied that currently, there are discussions with the State EMS Department on whether or not State law would prohibit the City from requiring callers to call into the dispatch center for non emergency calls. He received an email from Councilmember Hughes with comments on the draft since he could not attend tonight’s meeting. In his email, he stated that he agrees that all requests for ambulances be directed to the dispatch center.

Communications Manager Cindy Flowers stated that they would prefer to have all calls go through dispatch.

Mayor Pike asked City Attorney Shawn Guzman once a legal opinion is given by the Attorney General’s office that states it is legal for the City to require all calls to go through the dispatch center, if an ambulance provider does not like it, can the City then look for another provider.

City Manager Gary Esplin advised that the State provides the license to the provider. If they do not meet the ordinance, the City can approach the State to request for another provider.

City Attorney Shawn Guzman stated that in his opinion, he does not see anything in current State law that prohibits the City from writing these provisions in the ordinance.

Councilmember Almquist commented that with this ordinance, the City is trying to do what is best, not only for St. George, but for all other cities that utilize the dispatch center.

With regard to number of ambulances, the Council asked to change the language to read that a minimum of four (4) ALS ambulances be available, in the City of St. George, for emergency calls and strike items 1) BLS Ambulance and 2) Advanced Ambulance.

Chief Stratton requested that language be added regarding standby ambulance requirements and that the provider is required to notify dispatch when an ambulance will be at a special event.

City Attorney Shawn Guzman stated that he will add language that covers both topics.

Mayor Pike inquired if calls were to go solely through dispatch are there concerns regarding GRAMA requests.

City Attorney Shawn Guzman replied that since the City is the custodian of the records, staff will determine what information is released per GRAMA law.

City Manager Gary Esplin stated that if the City were to ever become a provider of this service it would have to abide by the ordinance just as any other service provider would have to.

Communications Center Assistant Manager Justin Grenier explained and reviewed the required maximum response times under the draft ordinance.

Mayor Pike called for a brief recess.

City Attorney Shawn Guzman continued reading and reviewing the draft ordinance.

Councilmember Randall asked that a provision be added that requires the service provider to have a medical control doctor who practices at Dixie Regional Medical Center.
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April 24, 2014
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City Manager Gary Esplin stated that issue can be addressed when the final draft comes back for review.

City Attorney Shawn Guzman said that if the City would ever become the service provider, an internal committee would be formed and the State would review to see that standards are being met.

Councilmember Randall requested to add language that states that the service provider must be in compliance with HIPA, OSHA, ADA and all other laws that may apply.

City Manager Gary Esplin asked for clarification regarding section C. Response to calls. If the Fire Department is on scene and the ambulance provider shows up and there is a disagreement on whether a patient should be transported to a hospital. He inquired if the provider does not transport the patient, would that be in violation of U.C.A. 26-8a-305 as well as this ordinance.

City Attorney Shawn Guzman advised that under the draft ordinance, the ambulance provider would be required to transport patients that the meet the requirements in Utah code. He read U.C.A. 26-8a-305, which sets those requirements.

Fire Chief Robert Stoker explained when ALS arrives on scene they are in charge of patient

Mayor Pike asked City Attorney Shawn Guzman to make the requested changes and send it to the Councilmembers. After the Councilmembers review the second draft, a copy will be provided to the current service provider. He would like to see the item return as soon as possible.

Councilmember Almquist stated that the Dinosaur Board recently met. They are going to spend funds on the observation area at the museum. Numbers are still up at the museum and they are hoping for the best April since opening. He mentioned an area near Ft. Pearce that is getting inundated with mosquitoes.

Mayor Pike asked City Manager Gary Esplin for an update on donations for the scar on the hill.

City Manager Gary Esplin advised there are no donations, but there are some funds available in the budget. This item can be addressed at a work meeting.

Councilmember Bowcutt stated that the last Planning Commission meeting was a short one. He mentioned removing the grass on Main Street.

City Manager Gary Esplin stated that he met with Parks staff to remove the grass and put in concrete with some landscaping. They are developing a new plan.

Councilmember Randall advised that she missed Art Museum Board meeting. She mentioned that an Arbor Day celebration will be taking place on Saturday at 9:00 a.m. at Tonaquint. The Veteran’s Committee will be meeting to discuss Veterans Court to help veterans deal with issues related to their post-military experience.

Councilmember Arial stated that her committees are going well. The Children’s Museum event was very successful and the arts events have been great.

Mayor Pike advised that he will be out of town next Thursday. He will be traveling to Salt Lake City to receive an award from Governor Herbert at the Governor’s Leadership in the Arts Award luncheon. Councilmember Almquist will act as Mayor Pro Tem.

MOTION: A motion was made by Councilmember Bowcutt to discuss property.
SECOND: The motion was seconded by Councilmember Almquist.

St. George City Council Minutes
April 24, 2014
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VOTE: Mayor Pike called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

The meeting then adjourned.

Christina Fernandez, City Recorder