City Council Minutes

Thursday, May 15,2014



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 15, 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 Almquist and the invocation was offered by Reverend Alex Wilkie.

Mayor Pike read proclamation proclaiming May 11, 2014 as The St. George Exchange Club’s 40th Anniversary.

AWARD OF BID:
Consider award of bid for the installation of storm drain pipe in City Creek.

Purchasing Manager Connie Hood advised that JP Excavation, Inc. was the low bidder at $57,850.

MOTION: A motion was made by Councilmember Hughes to approve the bid for $57,850 to JP Excavation, Inc. for the City Creek pipe installation.
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.

AWARD OF BID:
Consider award of bid for concrete repair along the City Creek Wash.

Purchasing Manager Connie Hood advised that Progressive Contracting was the low bidder at $60,553.

MOTION: A motion was made by Councilmember Arial to award the bid to Progressive Contracting for $60,553.
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.

AGREEMENT:
Consider approval of an agreement with Interstate Rock Products to construct the Mall Drive Bridge access roads.

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May 15, 2014
Page Two

Purchasing Manager Connie Hood advised the low bidder was Interstate Rock Products at $981,714.95 which is lower than the engineer’s estimate.

City Manager Gary Esplin although the bid is lower than the budgeted amount, the City will have to purchase a portion of the material for the traffic signal that will be installed at Mall Drive and Riverside Drive.

MOTION: A motion was made by Councilmember Randall to approve the agreement with Interstate Rock Products for $981,714.95 to construct the Mall Drive Bridge access roads.
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.

City Manager Gary Esplin stated that the target date for the bridge opening is October 1, 2014.

ENERGY SERVICES AGREEMENT:
Consider approval on an engineering services agreement with Alpha Engineering for the design and construction management of the Stone Cliff Tank.

COST SHARING AGREEMENT:
Consider approval of the Stone Cliff Tank cost sharing agreement.

City Manager Gary Esplin advised that these two items have been tabled.
MOTION: A motion was made by Councilmember Almquist to table items 2D and 2E.
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 for 2014 fireworks presentation.

Purchasing Manager Connie Hood advised one bid was received from Fireworks West International for $40,000. Canyon Media will reimburse the City $20,000.

MOTION: A motion was made by Councilmember Arial to award Fireworks West International for $40,000.
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.

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May 15, 2014
Page Three

AMENDED FINAL PLAT/ORDINANCE:
Consider approval of an ordinance amending the final plat for River Hollow Phase 3 and River Hollow Phase 4 subdivisions.

Wes Jenkins presented a request to amend the final plat for River Hollow Phase 3 and River Hollow Phase 4 subdivisions located 1190 South Circle and 1240 South. The purpose of the amendment is to amend note #4 on each final plat by removing the last sentence of that note. Removing this sentence changes the setback from 30 feet to 25 feet along 2580 East Street.

City Manager Gary Esplin inquired if staff has obtained signatures of the adjacent property owners.

Mr. Jenkins replied yes.

MOTION: A motion was made by Councilmember Hughes to approve the final plat amendment for River Hollow Phase 3 and River Hollow Phase 4 subdivisions.
SECOND: The motion was seconded by Councilmember Almquist.
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.

AMENDED FINAL PLAT/ORDINANCE:
Consider approval of an ordinance amending the final plat for Sun River St. George Phase 16 Amended.

Wes Jenkins presented a request to amend the final plat for Sun River St. George Phase 16 Amended located at 4861 South Horizon View Drive. The purpose of this final plat amendment is to add lot 1913 into phase 16. This area was common area on the original final plat.

MOTION: A motion was made by Councilmember Almquist to amend the final plat for Sun River St. George Phase 16 Amended.
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
Councilmember Arial - aye

The vote was unanimous and the motion carried.

DIXIE CENTER EDA/RESOLUTION:
Consider approval of a resolution appointing City representatives to the Dixie Center EDA.

City Manager Gary Esplin advised that the Dixie Center EDA is an existing EDA around the Dixie Center that expires in 2018. The City has two representatives on the taxing agency committee for the Dixie Center EDA. In order to consider amendments to the EDA, the taxing agency committee is required to meet and take action. Other representatives include the Washington County School District, State School Board, Washington County
and the Washington County Conservancy District. He recommends that Mayor Pike and he be appointed as the City representatives to the taxing agency committee.



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May 15, 2014
Page Four

MOTION: A motion was made by Councilmember Hughes to appoint the City Manager and Mayor as representatives for the City of St. George.
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

The vote was unanimous and the motion carried.

OUTDOOR WATERING RESTRICTIONS:
Consider approval of mandatory outdoor watering restrictions for the summer months.

Rene Fleming stated that summer watering restrictions are generally voluntary. With this being such a dry year she would like to make them mandatory. The restrictions would not apply to irrigation water users, only to those using culinary water. She proposes to make the restrictions effective immediately and for them to remain into effect until October 1, 2014.

Councilmember Almquist commented that City golf courses and parks use reuse water when watering, not culinary water.

Mayor Pike explained that Ron Thompson has stated that the reservoirs are 40% of their normal capacity.

MOTION: A motion was made by Councilmember Hughes to approve the mandatory watering schedule for the summer season.
SECOND: The motion was seconded by Councilmember Bowcutt.

Mayor Pike advised that the watering will be allowed from 8 p.m. to 8 a.m.

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 it is important to note that Salt Lake City’s plan does not apply here.

SET PUBLIC HEARINGS:
Ray Snyder advised that the Planning Commission, at its meeting held May 13, 2014, recommended public hearings be set for June 5, 2014 to consider: 1) A zone change request to modify the PD-C zone for Stephen Wade Chevrolet located at 150 West Hilton Drive to change the building’s front facade by adding new reflective material and to construct a back lit entry portal to accommodate the Toyota Corporation’s design proposal; 2) A zone change request to amend the PD-R zone for the Ledges to designate two areas on the east side of U-18 to allow for short term residential units; and 3) A request to amend Title 10 Zoning Regulations, Chapter 19, Section 10-19-4.2 to provide a 25%
reduction in the required number of parking spaces for Dixie Sate University off-campus college housing subject to certain criteria within a pedestrian access area.

MOTION: A motion was made by Councilmember Almquist to set the public hearings for June 5, 2014.
SECOND: The motion was seconded by Councilmember Hughes.
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May 15, 2014
Page Five

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.

FINAL PLATS:
Todd Jacobsen presented the final plats for The Cottages at Fossil Hills P.U.D. Phase 4, a 23 lot residential subdivision and The Cottages at Fossil Hills P.U.D. Phase 5, a 31 lot residential subdivision. Both subdivisions are zoned PD-R and are located at approximately 3419 South River Road. When the preliminary plats were approved, there were some hillside issues. Within in the conservation easement, the developer was required to landscape the hillside.

MOTION: A motion was made by Councilmember Hughes to approve the final plats for The Cottages at Fossil Hills Phases 4 and 5 and to authorize the Mayor to sign them.
SECOND: The motion was seconded by Councilmember Randall.

Councilmember Almquist commented that the hillside board was very specific on what was type of landscape is to be installed.

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.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Confluence Commercial Center, a 4 lot commercial subdivision located at 150 East 270 South, east of the Dixie Center. The property is zoned C-3. The site has two accesses and sits within the erosion hazard boundary and the 100 year flood plain. The City has contracted with an engineering firm to perform erosion hazard study to determine what measures need to be taken to mitigate the erosion hazard and to pull the project out of the floodplain through FEMA.

MOTION: A motion was made by Councilmember Randall to approve the preliminary plat for the Confluence Commercial Center.
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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a tattoo shop in Phoenix Plaza. Eric McFadden, applicant.

Presented the request for a conditional use permit to establish the Last Call Ink tattoo shop in Unit #1D of the Phoenix Plaza. The property is zoned C-3. The owner has had a
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May 15, 2014
Page Six

tattoo shop on Sunland Drive which was approved with a CUP. PC recommends approval with the following conditions: 1) Per Section 10-10-2 “Permitted Uses”, a tattoo shop requires approval of a CUP; 2) This CUP approval is only for Unit #1D at Phoenix Plaza located at the corner of Sunset Boulevard and Valley View Drive. Any future expansion into other units would require another CUP; 3) The shop will be licensed through the State and every two years they will have to re-apply for a State license; 4) The applicant proposes three tattooing stations within approximately a 1,225 sq. ft. commercial unit; 5) The applicant will contact the Chief of Police and work with the Police Department to foster good community relations; no gang symbols or graphics will be inked and they reserve the right to refuse service to anyone; 6) No smoke shop paraphernalia will be sold; it will be exclusively a tattoo shop; 7) No restrictions on hours; 8) No exterior modifications to the commercial unit are proposed. Per finding ‘D’ below, Council would review any proposed exterior changes prior to issuance of a building permit; 9) Findings A. Noise, B. Dust, C.
Odors, D. Aesthetics, E. Safety, J. Maintain character and purpose of zone and K. Public Heath apply; 10 All signage requires approval of a sign permit; and 11) All other standard conditions shall apply (setbacks, parking, lighting, etc.).

MOTION: A motion was made by Councilmember Randall to approve the conditional use permit with the recommendations and findings of the Planning Commission for Last Call Ink.
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.

BUILDING DESIGN CONCEPTUAL SITE PLAN:
Ray Snyder presented the building design conceptual site plan for a proposed development of a 40,000 square foot building addition to the existing Fiesta Fun located on 1160 South Street near the I-15 freeway. Zoning is C-2. The Planning Commission was concerned with access and has recommended approval subject to Legal Department review for site access. It will cost the applicant approximately $25,000 to install a new private access road.

City Manager Gary Esplin commented that staff supports the project. The major concern with a building this size, is that the access is though an existing parking lot. He believes that the road should be completed all along the project. An additional issue is that there will be approximately two acres of undeveloped land; when the land is developed, there will be no access. He recommends working with the Washington County School District to assist in the cost of the road as they have mentioned connecting their parking lot with this road. Staff recommends requiring a 30-foot road with no sidewalk.

Councilmember Bowcutt stated that he still has a challenge with there being only one access. He would like to see the road connect with 900 South. If there was a need to dig up the easements, there will not be emergency access.

City Manager Gary Esplin advised there would be access if the City and the School District could connect the parking lot.

Councilmember Hughes stated that access concerns him as well.

Mayor Pike stated that typically with a commercial subdivision, the City requires the owner to fund a portion of the road.

Travis Davis, the applicant’s contractor, stated that they have done a feasability study. The amenities will have to be there to make the project work. If they have to pay $25,000 towards the road, they will have to remove some of the amenities. With regard to emergency access, there is a gravel road to the west, that can be utilized in
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May 15, 2014
Page Seven

emergencies. Kevin Taylor has reviewed the site and does not see a concern. With regards to future development, access may have to be addressed at that time.

City Manager Gary Esplin explained that if the School District participates, the applicant may only have to improve the property down at the bottom. He inquired if the applicants will have to change the existing miniature golf area.

Brett Crockett, applicant, stated that they will have to remove one tree and relocate it. To put in the bowling, it will cost them over a $1 million. He mentioned that they have donated thousands of dollars to the community. They cannot reduce the size of the proposed building.

Councilmember Hughes stated that the long term future of the property needs to be looked at. He would like the City to work with the School District to see if they would be willing to fund a portion of the road.

City Attorney Shawn Guzman stated that the road would make the property more valuable. Additionally, the property cannot be subdivided if there is only the one access. One possibility is to do a cost sharing agreement that can span over two years.

City Manager Gary Esplin stated that he may need a week to talk with the School District.

Councilmember Almquist mentioned that the alternate proposal may be an option if the School District does not participate.

MOTION: A motion was made by Councilmember Hughes to table the building design conceptual site plan for Fiesta Fun until next week and authorize next Thursday to be a regular meeting.
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.

APPOINTMENT:
Mayor Pike advised that Kris Neal has been attending the Animal Shelter Board meetings. He would like to officially nominate her as a board member.

MOTION: A motion was made by Councilmember Arial to appoint Kris Neal to the Animal Shelter Board.
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.

MINUTES:
Consider approval of the minutes from the City Council meeting held on April 3, 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:

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May 15, 2014
Page Eight

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 April 17, 2014.

MOTION: A motion was made by Councilmember Randall 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.

ADJOURN TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Bowcutt to discuss property and potential litigation.
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.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Councilmember Randall to reconvene and adjourn.
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.






_________________________________ Christina Fernandez, City Recorder