City Council Minutes

Thursday, January 22,2015



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 22, 2015, 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 Scouts Ivan Espinosa and Body Matthews from Troop 1790 and the invocation was offered by Nadine Barish from Congregation Biet Chaverim.

Ms. Barish asked for a moment of silence for those who were killed in Paris.

Mayor Pike invited Les Joslin with the Civil Air Patrol to speak about Wreaths Across America.

Mr. Joslin, Commander of the Civil Air Patrol, outlined what the group does. He explained that the Wreaths Across America program started in 1992. The program takes wreaths and places them in 700 locations. Over 700,000 wreaths were placed this year. Their group placed 552 wreaths at Tonaquint Cemetery and the Shivwits Paiute Cemetery. He recognized sponsors who purchased more than $1,500 in wreaths. Additionally, he recognized the Civil Air Patrol members in the audience.

Mayor Pike invited Justin Tuft to speak about the All Abilities Park.

Mr. Tuft thanked Mayor Pike and the Councilmembers for allowing a person like him to take part in the groundbreaking for the All Abilities Park.

Mayor Pike invited Craig Harvey to speak about the Landmark & Historic Sites book.

Mr. Harvey explained that last year, the City was awarded a grant from the Utah State History for historic preservation projects. One of those projects was to update and republish the Landmark & Historic Sites book. This is the 3rd edition. The grant funds can only be used for historic preservation projects. As part of the grant, the City had to match half the funds to print the books. The books will be sold in the Planning Department for $15, which covers half the printing costs.

Mayor Pike asked if it is possible to also sell the books at the Arts Museum.

Mr. Harvey replied yes.

Councilmember Randall inquired about selling the books at the Chamber of Commerce as well.

Mayor Pike replied yes.

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Mr. Harvey stated that the grant covered the cost to print 150 books. He explained what qualifies a home as a historic site.

Mayor Pike mentioned that on February 4, 2015, he will be presenting the State of the City address at noon at the Chamber of Commerce luncheon. Additionally, he mentioned the City Council budget planning session that will be held at the Dixie Center on February 12, 2015. That meeting will have opportunity for public comment.

PROPERTY TRADE:
Consider approval of a trade of City property located on 270 East Street, Lot 2 in the Confluence Commercial Center Phase II Subdivision, with Quality Excavation for property located in the Tonaquint Valley area.

City Manager Gary Esplin advised this item is a proposed trade of City property. Under state law, if considered a significant parcel, it would need public comment and approval from the City Council. The proposal is to trade one lot in the Confluence Commercial Center Phase II Subdivision, approximately 1.7 acres for 15.15 acres located in the Tonaquint Valley.

City Attorney Shawn Guzman advised that public comment was taken when the property was first proposed to be purchased by the Boyer Company. The Mayor is free to take comment tonight as well.

Mayor Pike invited the public to comment on this item. There were no comments.

MOTION: A motion was made by Councilmember Bowcutt to approve the trade of City property located on 270 East Street, Lot 2 in the Confluence Commercial Center Phase II Subdivision, approximately 1.7 acres, with Quality Excavation for property located in the Tonaquint Valley area, approximately 15.15 acres.
SECOND: The motion was seconded by Councilmember Hughes.

Mayor Pike commented that future use of the property could be a park or a sports field.

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.

PUBLIC COMMENT:
Take public comment on the sale of approximately 6.0 acres of City property located between 100 South Street and 200 South Street in the vicinity of the existing Elks Field.

City Manager Gary Esplin advised this item is the sale of approximately 6.0 acres of City property. There have been discussions in the past of a need for an elementary school in

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the downtown area. Additionally, the University desires to acquire an existing elementary site. This would not affect the Sunbowl.

Mayor Pike invited the public to comment on this item.

Richard Hutchins, St. George resident, stated that he read an article in the newspaper stating about the proposed property sale and the efforts to keep the Sunbowl. When he first saw the Sunbowl, he thought it was an eyesore. He spoke about comments that were made online. He appreciates nostalgia; the Round Up Rodeo is important, not the Sunbowl. The Sunbowl is old, dangerous and does not have adequate parking. The rodeo can be held at a different location such as the fairgrounds or the Dixie stadium. He asked if there is an existing facility that can hold a rodeo.

Mayor Pike commented that there are rodeo facilities at the County fairgrounds in Hurricane. Quite a bit of work would have to be done to hold a rodeo at Hansen Stadium, this idea was explored.

Mr. Hutchins stated that he read that it would cost $2 million to renovate the Sunbowl. Old timers are trying to keep the Sunbowl by using tax payer’s money rather than utilizing it elsewhere such as the All Abilities Park. He read a comment from the internet which talks about candidates who ran in 2013 supporting the Sunbowl, in particular, Councilmember Bowcutt.

Mayor Pike mentioned that this property is adjacent to the Sunbowl. This item has nothing to do with the Sunbowl.

Mr. Hutchins pointed out that he voted for the candidates not knowing that they were in favor of keeping the Sunbowl. The County would purchase the property if it were available. He spoke with Superintendent Bergeson about purchasing the Sunbowl. This is a prime opportunity to get rid of the Sunbowl.

Mayor Pike explained that the Sunbowl would have to be torn down, which would be very expensive. With the field, there is no demolition.

City Manager Gary Esplin asked what the advantage would be to build an elementary school on the Sunbowl site rather that the Elks Field site. It does not make sense to have an elementary school on the 400 East side as the traffic is heavier. The best location is the Elks Field.

Mr. Hutchins stated that the advantage is to get rid of the dilapidated property that the City is going to spend $2 million on.

City Manager Gary Esplin advised that there has been no commitment to spend any money on the Sunbowl. What is in the newspaper is not the issue tonight. There is an idea of what is going to be done with the Sunbowl that is independent of the Elks Field issue.

Mr. Hutchins stated that he read that the elementary school had been finagled into a two-story building to save the Sunbowl.

Councilmember Hughes commented that there are others who share his opinion; however, there are thousands of people who love to attend the rodeo at the Sunbowl. He
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would not attend the rodeo if it was at the fairgrounds. There are other things that the Sunbowl can be used for. He respectfully disagrees that the Sunbowl has outlived its life.

Mayor Pike stated that sod was put into the Sunbowl, and the rodeo will be run on sod. There are hopes to have soccer games there and the City has been asked to host a pro football team. The two items are being looked at separately. There is a property that requires almost no demolition. Cost was a factor in making this three way deal work. The School District has a design for a two-story building.

City Manager Gary Esplin explained that if the property did not work for the School District they would not be purchasing it. A value has already been determined for East Elementary. If the Sunbowl had to be torn down, it would cost the School District more money.

Councilmember Almquist stated the focus is that there is an elementary school downtown. During the election, he stated that each of the three candidates stated that were merits of the Sunbowl that they liked.

Mayor Pike stated that he appreciates the comments, but purchasing the Sunbowl site was not workable.

Councilmember Almquist added that the School District, the University, and the City have spent months working together to make this work for St. George.

Washington County School District Superintendent Larry Bergeson stated that they appreciate how well everyone works together in Southern Utah. Prior to him being in his position, it was determined that a new elementary school was needed in the downtown area. East Elementary is aging and the School District is looking at possibly spending hundreds of thousands of dollars to repair just the roof, which they do not want to do if they are going to replace it. This proposal works for them. Normally, they need approximately 10-acres to build an elementary school. The Dixie Middle school property was built on a limited amount of space; therefore it was built as a 3-story building, which they love. Future middle schools will be built similarly. The elementary school will be built as a two-story and will not need as large as a play area as it will have a high school length gym. They do not feel forced into any decision and are excited to be building a school of this design so they can see how it works. Hopefully in the future, this will allow them to use less acreage as they build future schools. They see this as a win-win-win-win situation if you count the Sunbowl. The purchase of the ground between them and the University and the purchase of the property they purchase from the City are two separate contracts. The transportation costs they will save by locating the school here is an asset for them. It will not be a bussing school.

Councilmember Almquist added that the school will be allowed to use the Sunbowl. Additionally, there will be additional uses for the Sunbowl.

City Manager Gary Esplin commented about the possibility of the street to the South of the Sunbowl being narrowed to provide a perfect access to the park.

Superintendent Bergeson added that the School District prefers that the school be built on the Elks Field side rather than the 400 East side since that location is busier.


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Crystal Hanza, resident, stated that she is excited for the location of the proposed school. She is concerned about children going to Vernon Worthen Park because there are shady people who like to hang around the park. She asked if there would be a secure playground area.

City Manager Gary Esplin explained that would be a question for the School District. They will have to install a fence and control the access. If they had an event that was larger, they could take them to the park supervised.

Ms. Hanza asked if the Sunbowl is not being used, will the school be able to use it.

Mayor Pike answered that the School District was told they could use it.

Marsha Lawhorn, resident, stated that she lives near the area and is concerned with the noise, lights and the parking issues at the Sunbowl. When it was built, things were different, there were not loud speakers. She came from an area that had wonderful rodeos. With the growth of St. George, she believes that the City would want to move the rodeo out of town to an area with more room. Things such as livestock and horse trailers do not belong near the Temple, a chapel or a school. She stated that she would attend a rodeo if it was in Hurricane and does not go to the Round Up Rodeo because it is a rinky dinky rodeo. She would rather see a big rodeo that is not outdoors bothering neighbors. She thinks having a new school at the Elks Field is a good idea. Before decisions are made, she hopes that there will be a public hearing and a referendum as there are a lot of people who do not want the Sunbowl there. She would not purchase a home across the street from rodeo grounds.

Councilmember Bowcutt asked Ms. Lawhorn if she would consider purchasing a home across the street from a football field.

Ms. Lawhorn replied yes.

Councilmember Bowcutt stated that the Sunbowl was used as a football field for many years. He explained that the Round Up Rodeo is not a rinky dinky rodeo, in fact, it is a professional rodeo sanctioned by the PRCA with top named cowboys participating. He stated that 63% of those that participated last year went on to compete in the National Finals Rodeo.

Ms. Lawhorn stated that she did not mean to put down those that participate in the rodeo; she meant that the facilities are not large enough.

Mayor Pikes stated that although he appreciates the comments, they do not apply to this item.

Ms. Lawhorn explained that the reason she chose to come here tonight is because there have not been any public hearings about the Sunbowl. She reads in the paper that things are happening; she would like to see more transparency.

Councilmember Randall stated that she does not understand why comments are being made that the Council is doing things without transparency. The Sunbowl is there, nothing has been said about what is going to happen to it. There has been complete transparency. The only thing that is being discussed is the Elks Field. If there is discussion on improving the Sunbowl, the public will be invited to comment.
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Councilmember Hughes asked if the Council does ask for public opinion and half say they want it torn down and the other half want to keep it, what does the Council do? If there can be four wins in this situation, there cannot be a better solution.

Ms. Lawhorn stated that during the election she was not aware that she was voting for a candidate because they were going to save the Sunbowl. When she wrote the Mayor a letter and his response was that the people have spoken, these are the people who were elected.

Councilmember Bowcutt commented that perhaps Ms. Lawhorn did not follow the platform of the candidates.

Ms. Lawhorn explained that there were several issues that were important to her. She asked that there be public referendum.

Mayor Pike advised that there will not be a referendum, but there will be public comment.

Devin Roberts, resident, stated that he likes the Sunbowl in the area and likes the fact that there can be rodeos in the middle of town - it makes the City unique. Until there is a
better use for the Sunbowl, nothing should be done with it. Additionally, he does not believe the 4th of July celebration should stop because of the loud fireworks. He lives near there and does not mind it. Not everyone hates the Sunbowl.

Ed Baca, citizen, stated that he believes everyone wants the best education for the elementary schools and the college. Superintendent Bergeson addressed all concerns mentioned tonight. East Elementary School is always being used and soccer is always being played there. They do not have adequate parking there. He appreciates the fact that the Council had the public comments tonight as it lends to transparency. He understands that the Council meets in closed session to discuss property sales and purchases. To take the step to discuss this item in an open meeting is a big deal that he appreciates.

SALE OF CITY PROPERTY:
Consider approval to sell City property located between 100 South Street and 200 South Street in the vicinity of the existing Elks Field to the Washington County School District.

Councilmember Hughes asked if price would be discussed at this time.

City Attorney Shawn Guzman advised that the property will be sold for the value that is negotiated.

MOTION: A motion was made by Councilmember Almquist to approve the sale of City property to the Washington County School District for value negotiated.
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

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Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

Mayor Pike advised that staff will work with the School District on a purchase agreement.

PUBLIC HEARING/ROADWAY VACATION/ORDINANCE:
Public hearing to consider vacating a portion of Marigold Way and a 45-foot turn around access easement.

John Willis presented a request to vacate a portion of Marigold Way. The purpose of the vacation is to plan for a future road in the proposed Hyde Berry Park Subdivision
final plat. A small sliver of the road as well as the 45-foot turn around access easement will be vacated. The vacation should not be recorded until the final plat is recorded.

Mayor Pike commented that this was discussed previously and is a clean-up item. He believes this will be a great improvement.

Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Arial to approve the vacation of a portion of Marigold Way and a 45-foot turn around access easement for the completion of the road.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a roll 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.

PUBLIC HEARING/BUDGET AMENDMENTS/RESOLUTION:
Public hearing to consider amendments to the FY2015-15 Budget.

City Manager Gary Esplin advised the proposed adjustments are as follows: 1) To budget for receipt of a grant from Firehouse Subs for the purchase of a rescue equipped 6-wheel Polaris Ranger to facilitate rescue in rugged terrain, HazMat incidents, and special event stand-by (marathon, Ironman, etc.); 2) To budget for the receipt of the Autism Speaks Neighborhood Grant and to increase the Police Department’s budget to purchase bracelets and supplies needed to implement a tracking program for individuals with medical conditions like Alzheimer’s, Autism, Asperger’s, etc.; 3) To budget for a Districted Driving Enforcement grant (for a second year), from the State of Utah which includes overtime and the purchase of supplies and equipment; 4) To budget for a new Accountant position in the Finance Department anticipated to start around January 2015 (half-year of funding of $29,100 is requested); 5) To budget for receipt of a grant from the Utah Humanities Council and a private donor’s contribution to help with installation costs of the InVisible exhibit; 6) To budget for converting the Sunbowl facility from a dirt
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infield to sod to accommodate more year-round uses; 7) To budget for additional Christmas lights for the St. George Boulevard, Main Street, and Town Square; 8) To budget for a safety lighting project for the general aviation ramp at the airport. The project will be funded by PFC; 9) To budget for audio visual system upgrades in the Council Chambers and the Administrative Conference room; 10) To budget for participation in $7,340 professional fees for architectural plans for phase 1 of a new fleet building with bays to accommodate heavy equipment and large trucks; 11) To budget for unforeseen repairs to the chip seal spreader’s electrical control system; extending the equipment useful life an additional 10 years; 12) To budget for repairs and sediment removal from the Santa Clara River at the Southgate Golf Course caused by the two flood events in August and September 2014; 13) To budget for repairs of the substantial damage caused to the Middleton Wash Trail from the two flood events in August and September 2014; 14) To increase the budget for the Tonaquint Cemetery Secondary roadway project to pay property taxes as per the donation agreement, add participation with Questar to extend the gas line, and add geotechnical testing; 15) To budget for the demolition of West Cove Apartment buildings as per the Administrative Code Enforcement decision and court order. The property owner will be required to reimburse the City for the demolition costs; 16) To budget for creating two new positions for the Millcreek Generation Facility and reducing the scope of work for the maintenance contract with G.E. (Budget amount is for the remaining 7 months of the fiscal year form December 1, 2014); 17) to recognize proceeds from the sale of property to Dixie Power for a substation adjacent to the Seegmiller Park with the proceeds being used to add additional amenities to the Hela Seegmiller Historic Farm; 18) To budget for emergency replacement of the Dinosaur Museum boiler which failed and could not be repaired, requiring that a new boiler be installed immediately; 19) To write off a portion of the accrued interest on an assessment form District 80-1 as per a settlement agreement with a title company. The settlement fully reimburses both the principal and interest originally assessed to the parcel and paid by the City on the assessment bond; 20) to budget for the KONY Coins for Kids – Operating Expenses reimbursement which was approved in the 2013-14 budget but not incurred until the current year. Costs are fully reimbursable by CDBG grant funds; 21) To budget for the installation of wheelchair securement upgrades to 7 buses due to increasing ridership of individuals requiring this amenity. The upgrades are funded 80% by federal grant and 20% City match; 22) To increase the Public Works Capital Project Fund budget to fund repairs for damage caused by the August/September 2014 thunderstorm flooding events to the City Creek drainage (Sunset Boulevard) and Halfway Wash drainage at 540 N. Dixie Drive. Funding will come from the Drainage Utility Fee fund; 23) To budget for the cost of participation between the City, the School District, and the private developer for roadway improvements to 190 E. near Snow Park, Dixie Middle School, and the Fiesta Fun Center; and 23) to budget for arbitrage compliance review which occurs every five years and was not included in the original budget.

Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Hughes to approve the amendments to the 2014-15 budget.
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

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Councilmember Randall – aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

FINANCIAL REPORT:
Consider approval of the financial report for December, 2014.

City Manager Gary Esplin advised the report shows that the City is right in line with the projections. The General Fund is a little under because there is a $6 million transfer that has only been transferred at $2 million. Sales tax is up.

Councilmember Almquist inquired about the Fire Impact Fund. There was a $4,000 budget; however, $124,000 was spent. He asked what was purchased.

City Manager Gary Esplin stated that he does not know what the details are.

Councilmember Almquist commented that it is nice to see the donations coming in for SwitchPoint.

MOTION: A motion was made by Councilmember Hughes to approve the financial report for December 2014.
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.

AWARD OF BID:
Consider award of bid to install 36,000 sq. feet of 3 ½” thick asphalt on 190 East.

City Manager Gary Esplin advised that this item was just approved in the budget amendments.

Connie Hood explained that Western Rock was the low bidder at $54,147.

Mayor Pike commented that this will not only benefit Fiesta Fun, but also the School District and parents.

City Manager Gary Esplin commented that this road could possibly connect the parking lot at the high school.

MOTION: A motion was made by Councilmember Randall to approve the bid to Western Rock in the amount of $54,147 for the paving of 190 East.
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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 Sunroc Corporation to build the Indian Hills Storm Drain, golf course segment.

City Manager Gary Esplin advised that this item is part of the Indian Hills Drive project. It is necessary for the golf course.

Connie Hood explained that ten bids were received, five of them being with $1,000 of each other. Sunroc is the low bidder at $54,448.

MOTION: A motion was made by Councilmember Hughes to award the bid for the Indian Hills Storm Darin to Sunroc Corporation in the amount of $54,448.
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

RESOLUTION:
Consider approval of a resolution matching funds to purchase equipment used to implement a leak detection program as well as Water and Wastewater system modeling software.

City Manager Gary Esplin explained that this will allow the City to match funds with a grant received from the Bureau of Reclamation to help with conservation plans to implement a leak detection program and a modeling system for Water and Wastewater systems.

Rene Fleming stated that not only does staff want the customers to be wise water users, but also the system operators to be able to improve efficiency. She will be requesting funds to purchase equipment to implement a leak detection program and to also purchase Water and Wastewater system modeling software. The total project will be approximately $70,000 of which the City would have to match half.

Mayor Pike commented that this will be a positive thing.

MOTION: A motion was made by Councilmember Hughes to approve the resolution for the matching funds for the grant to purchase the said equipment.
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SECOND: The motion was seconded by Councilmember Arial.
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.

Councilmember Hughes inquired if the cost also covers the operator as well.

Ms. Fleming explained that the cost to purchase the equipment will include training and the crews will be cross trained.

REQUEST FOR EVENT AT RIDGE TOP COMPLEX AND BEER GARDEN:
Consider approval of a request to hold the Retro Rock Festival with a beer garden at the Ridge Top Complex. Kjirsten Strong, applicant.

City Manager Gary Esplin advised this is a request to include a beer garden at the Retro Rock Festival at the Ridge Top Complex. Since it is a City owned property, the request needs to be approved by the City Council. The request for the beer garden is separate from the request to use the Ridge Top Complex.

Kjirsten Strong, applicant, explained they are hoping to be approved for the Retro Rock Fest in addition to a beer garden as part of the event.

Curtis Strong stated that they would like to hold the event even if the beer garden is not approved. He commented that beer is sold at City golf courses. They want to be transparent and have open communication about the possibility of this event. Although the beer garden will be a small scale, they have committed to holding this event for three years. This will be a diverse concert and will be their first attempt. They work with fifteen different businesses that give back to the community and would like to continue to build the event. All of their events are family events. They would be open to control the hours of the beer garden. It is proposed that it be in a separate area with separate admission and will include food. He explained that Wasatch would take care of the garden that would be barricaded. ID’s would be checked at the main gate as well as in the beer garden area. Beer would not be allowed out of the area. Sonny Boys would be catering the event; this is a service they provide on a regular basis. Beer would be the only thing allowed. Tailgating was discussed with the Police Department. This event is not about the beer, it is about the entertainment. They want to work with the Police Department. The musical festival will feature Quiet Riot, Warrant and 21 cover bands. It will also feature a rib festival and possible lawnmower races. Maverik has shown interest
in this event as they have with their past events. They will do various sound checks at different locations throughout the City.

City Attorney Shawn Guzman stated that the City has allowed beer sales at the golf courses, but this has not been allowed on City property in the past. If approved, he asks that the Council authorize staff to work with the City Manager to set the parameters such as the limits of insurance. Additionally, he would want to check with the City’s liability insurance carrier to make sure that they are okay with alcohol sales with this type of
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event on City property. Beer gardens were not approved at the air shows that were held in the past. He explained that the Council does not need to take action in this item since the event is item 6B. The applicant would have to apply for a beer license and return for approval.

City Manager Gary Esplin explained that the event needs to be scheduled. There are some questions with regard the insurance. Item 6B is different from item 6A. He would like to see the applicants return with a plan showing where the beer garden will be placed. Beer sales have not been allowed at the Sunbowl or other City property, other than the golf courses. He suggests staff look at other cities to see what they do. If the beer garden is approved, there will be additional requests. He suggests approving the concert at this time.

MOTION: A motion was made by Councilmember Hughes to approve the Retro Rock Fest at the Ridge Top Complex.
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.

REQUEST FOR SPECIAL EVENT AT TOWN SQUARE:
Consider approval of a request to hold the Red Rock BBQ Fest in the southwest parking lot of Town Square. Kjirsten Strong, applicant.

City Manager Gary Esplin explained that staff has reviewed this applicant and this is the type of event that Town Square was built for.

Mr. Strong stated that the Fire Department had concerns; however, they have been worked out. This is an amateur event and will have live music.

MOTION: A motion was made by Councilmember Arial to approve the request to hold the Red Rock BBQ Fest in the southwest parking lot of Town Square.
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.

SET PUBLIC HEARINGS:
John Willis advised that at its meeting on January 13, 2015, the Planning Commission recommended setting public hearings on February 5, 2015 to consider: 1) a General Plan
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amendment from Low Density Residential, Medium Density Residential, Open Space and Commercial to Medium Density Residential, Professional Office, Open Space and Commercial on 105.9 acres generally located between 3000 East and the Virgin River and fronts on Mall Drive; 2) a General Plan amendment from Golf Course and Open Space to Low Density Residential on 3.966 acres of three separate parcels in close proximity to each other, located off of Bloomington Drive near the driving range; and 3) a zone change from Open Space and A-1 to RE-20 on 14.01 acres located at approximately 3900 South and Bentley Road (Meadow Valley Farms Phase 9).

MOTION: A motion was made by Councilmember Almquist to have the public hearings be advertised for the February 5, 2015 City Council meeting.
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.

FINAL PLAT:
John Willis presented the final plat for Mulberry Estates Phase 8, a 9-lot residential subdivision located at 3150 South Street and 2980 East Street; zoning is R-1-12.

MOTION: A motion was made by Councilmember Randall to approve the final plat for Mulberry Estates Phase 8.
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.

LOT SPLIT:
John Willis presented a request for a lot split for Season’s Health located at 126 West 200 North; zoning is PD-R. The purpose of the lot split is so that the owner can obtain financing on the new building. Both lots are utilizing the same access and parking; therefore, a cross access agreement and a shared parking agreement will be required and will be subject to approval of the Legal Department.

MOTION: A motion was made by Councilmember Almquist to approve the lot split for Season’s Health located at 126 West 200 North as explained.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:


St. George City Council Minutes
January 22, 2015
Page Fourteen

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall – aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

MEMORANDUM OF UNDERSTANDING:
City Manager Gary Esplin explained that this MOU is between the Utah Department of Corrections and the St. George Police Department for electronic access to the sex offender registry watch database. Although this is a continuation of an existing program, there was never a signed agreement.

MOTION: A motion was made by Councilmember Arial to approve the memorandum of understanding between the Utah Department of Corrections and the St. George Police Department for electronic access to the sex offender registry offender watch database.
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.

FEE WAIVER:
Officers Lona Trombley and Jeremy Needles explained that they are requesting to use the City Pool for the 4th annual Special Olympics Polar Plunge. The event has raised $8,500 in 2012, $10,500 in 2013 and $15,000 in 2014, all of which has been donated to local athletes. There are approximately 500 athletes in the St. George area. The Special Olympics has started a new program called Healthy Athletes to provide medical and dental care to the athletes. They are requesting a fee waiver to use the City Pool for the event that will take place on February 21, 2015 from 9:00 a.m. to 12:00 p.m. Special Olympics will cover the insurance on their policy.

MOTION: A motion was made by Councilmember Randall to approve the fee waiver.
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.


St. George City Council Minutes
January 22, 2015
Page Fifteen

City Manager advised that with regard to the minutes; staff would like the opportunity to review the minutes from the December 18, 2014 meeting. He suggested not approving them at this time.

MINUTES:
Consider approval of the minutes from the meeting held on December 4, 2014.

Councilmember Almquist requested the following changes: 1) under resolutions, approximately six pages in, add an ‘a’ in front of the word minimal; 2) three pages later, under minutes, it speaks about Mr. Keddington was able to speak in the public forum; however, it should read that Mr. Keddington was not able to speak in the public forum; and 3) the next page, a request was made to Mr. Guzman to explain the purpose of closed sessions, there was a miscommunication in the community that Councilmembers call for closed sessions; however, they are called for by the City Manager or City Attorney via the Mayor.

Mayor Pike commented that is typically how it happens. Councilmembers do not call for closed sessions, they just vote on them.

MOTION: A motion was made by Councilmember Arial to approve the minutes with the requested changes.
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 recommended appointing Josh Bevans to the Airport Advisory Board for a four year term. He lives in Washington City; however the ordinance allows for two members living outside the City.

MOTION: A motion was made by Councilmember Randall to approve the appointment.
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.



St. George City Council Minutes
January 22, 2015
Page Sixteen

City Manager Gary Esplin mentioned the question that Councilmember Almquist asked in regard to the financial statement. He clarified that the funds were revenues, not expenditures.

REPORTS FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER:
Councilmember Arial mentioned the Art Museum is having their ‘Pot Throw’ event on January 30, 2015 from 3:00 to 6:00. Additionally, she mentioned that 52 people attended the last art conversation. She asked why tables are not allowed to be set outside the Social Hall for an event.

Mayor Pike stated that can be checked on.

Councilmember Randall stated that the Shade Tree Board would like to do a follow up presentation in February.

Mayor Pike commented that the Shade Tree Board has invited the City Council to tour the tree farm. He asked City Manager Gary Esplin if both can be done at the same time.

City Manager Gary Esplin explained that the meeting can be advertised to be held at the Waste Water Treatment Plant. The Council can tour the tree farm as well as the plant.

Councilmember Randall asked for an update on the box office.

City Manager Gary Esplin stated that he should have an answer next week. Additionally, he mentioned that staff will recommend an award of bid for the restrooms at the Children’s Museum in February.

Councilmember Arial mentioned that the Arts Commission members have some feedback on the box office. They do not see it will work because patrons would have to stand outside and there is limited space.

Councilmember Hughes mentioned that the Housing Authority did not meet; however, the Homeless Coordinating Council had a productive meeting. They are helping a woman who wants to travel to Colorado Springs where she has better support. The annual Point in Time Count will take place on January 29, 30 and 31; homeless residents will be asked where they spent the night on January 28th. He reminded the Council of the need for an additional board member, who is not affiliated with an animal rescue group, for the Animal Shelter Board. He mentioned that Mayor Pike attended the meeting as well.

Mayor Pike commended Ivor Fuller, Captain McCracken and the Animal Shelter staff for the job they do. He mentioned that the board had to make some tough decisions on a couple of animals. The board is working on their mission. He complimented City staff who has been involved in assisting Ivins with the expanding Suntran system. Additionally, he mentioned that the DTEC approved a plan outlining how to finance various roads projects. The DTEC is looking at a variety of measures that may happen to pay for the projects. He explained that ULCT would like the City to consider a resolution regarding transportation.

Councilmember Hughes commented that the DTEC is planning out to 2040.

Councilmember Almquist mentioned the Economic Summit and Heritage Days. The Hillside Board did not meet; however, he will make a site visit to see the hill that PCI is
St. George City Council Minutes
January 22, 2015
Page Seventeen

taking down. He visited the Stone Cliff water tank, things are progressing. He mentioned a group that formed to preserve the heritage site south of Confluence Park.

Mayor Pike commented that two proposals for curbside recycling were received and will be discussed at the next Solid Waste Board meeting.

Councilmember Bowcutt stated that he is happy to see the progress on West Cove Apartments.

ADJOURN:
MOTION: A motion was made by Councilmember Bowcutt to adjourn.
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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Christina Fernandez, City Recorder