City Council Minutes

Thursday, May 21,2015



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 21, 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
Deputy City Attorney Paula Houston
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 Craig Shanklin and the invocation was offered by Rabbi Helene Ainbinder with the Congregation Biet Chaverim.

Mayor Pike mentioned the first George Street Fest on Main will be held on June 5th, from 6:00-10:00 p.m. He then invited the Learning Center for Families to come forward.

Shirley Draper introduced the Learning Center for Families board members and invited Debbie Justice, Executive Director of the Center to come forward. She explained that Leisure Services has agreed to name the sensory garden at the All Abilities Park the Debbie Justice Sensory Garden. They then donated a check in the amount of $10,000 for the All Abilities Park.

Mayor Pike mentioned that Debbie and the Center have provided a generation of services. Additionally, he mentioned that the Center was recognized earlier this week for their contributions to the community statewide.

FINANCIAL REPORT:
Consider approval of the financial report for April, 2015.

City Manager Gary Esplin advised that revenues in the General Fund are at approximately 80%, expenditures are at 71%; sales tax is hovering around a 6% increase.

MOTION: A motion was made by Councilmember Arial to approve the financial report for April, 2015.
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
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May 21, 2015
Page Two

Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Rosenberg Associates, Inc. for construction management services on the Dixie Center Erosion Protection project.

City Manager Gary Esplin explained this agreement is for the project to protect the roadways and sewer water lines near the Dixie Center as part of the erosion protection project. The project cannot start until fall in the River area. He recommends Rosenberg Associates, Inc. who have been the engineers on the project so far.

MOTION: A motion was made by Councilmember Almquist to approve Rosenberg Associates, Inc. for the construction management services on the Dixie Center Erosion Protection project for $30,125.
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 the Little Valley Pickleball Phase 4 project.

Purchasing Manager Connie Hood advised the low bidder was Progressive Contracting in the amount of $962,215.73 which is under the estimated budget.

City Manager Gary Esplin explained this part of the Master Plan for the Little Valley area.

Councilmember Bowcutt asked if there will be a penalty if the construction time frame is not met.

Parks Planner Millie Cockerill explained that the project is to be finished prior to the Senior Games. She showed a picture of the proposed courts. A significant portion of the contract is grading.

Councilmember Almquist noted that the City is provided 19 trees from the City’s tree farm for a savings of approximately $4,000.

Ms. Cockerill stated that they have confirmation that all qualifications have been met.
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May 21, 2015
Page Three

MOTION: A motion was made by Councilmember Almquist to award the bid for the Little Valley Pickleball Phase 4 project and additional items listed on
the engineer’s list to Progressive Contracting in the amount of $962,215.73.
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.
CHANGE ORDER:
Consider approval of a change order for the Washington Fields Trail and Drainage project for the installation of a traffic signal at Mall Drive and 3000 East.

City Manager Gary Esplin advised this is a change order for the Washington Fields Trail and Drainage project. The bid was awarded to Interstate Rock Products. In order to make things work correctly, staff recommends installing the traffic signal at the same time, using the same contractor. Bids received were similar to those received previously for other traffic signals.

Purchasing Manager Connie Hood stated the cost is $176,216.

City Manager Gary Esplin explained the drainage project cost is $1.6 million. The power is being provided by Dixie Power.

MOTION: A motion was made by Councilmember Almquist to provide for Interstate Rock Products the additional cost for a traffic signal on Mall Drive and 3000 East in the amount of $176,216.
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.

City Manager Gary Esplin stated the City provides the hardware through the state contract.


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May 21, 2015
Page Four

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from C-2 (Highway Commercial) and R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to PD-C (Planned Development Commercial) on 28.802 acres generally located at
the northeast corner of Riverside Drive and Mall Drive from Mall Drive to 2200 East and Riverside Drive to the River. Smith’s Food and Drug Center, applicant.

Planner Ray Snyder showed an aerial map, an obsolete layout, a revised layout, General Plan map, and zoning map. He mentioned and reviewed items included in the agenda packet. The items are a narrative outlining the development, a site plan, elevations, a photo of the store in North Odgen, a site plan for the gas station, a list of permitted uses including Planning Commission recommended changes, a master sign plan, photos of the proposed signs, and pylon and monument sign criteria. The applicant will have to meet City code with regard to trees in the parking lot.

Councilmember Almquist noted the plan shows that the diamonds in the parking lot are small. He suggests at least 6 feet in any direction – giving trees room to grow.

Mr. Snyder showed a page from the development agreement. He read and outlined staff’s comments as listed in the agenda packet. The Planning Commission recommends approval with suggested conditions which he also read and outlined the conditions as listed in the agenda packet.

Councilmember Hughes inquired about the future road along the river. He asked why is that pad by itself.

Councilmember Bowcutt mentioned that in the Planning Commission meeting, it seemed that each of the pads were going to provide parking. Without knowing what will be there, how do you plan for parking.

City Manager Gary Esplin explained that the uses will have to be controlled; that is why a PD zone is good in this location.

Deputy City Attorney Paula Houston noted that this will go on for years. Mr. Snyder will keep a chart to keep track of how many stalls will be required. She provided examples of parking issues that have occurred. They can return and ask for a reduction in parking.

Councilmember Almquist inquired about landscaping. He suggested the following:

• #4 on the Planning Commission recommendations; he suggested it mirror #17 on staff’s comments
• #7 on the Planning Commission recommendations; he suggested staff encourage that a local landscape architect be included in the landscaping plans
• #9 on the Planning Commission recommendations; he noted that there is quite a bit of elevation change on the west side of the dinosaur museum that will require some sort of a wall. It does not to appear to show on the rendering.

Brett Whalen, representing the applicant, explained that when they made the application the property owner was working with Woodbury Corporation in a joint
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May 21, 2015
Page Five

venture. There is great anticipation to move forward. Smith’s has completed three Marketplace stores that have been well received by the communities. Additionally, there has been a significant amount of effort to have a project that can move forward. He explained that as Riverside Drive abuts to Mall Drive, they will make sure there is
adequate site distance. As far as the diamonds planters and landscaping go, his firm will be performing the landscape architect. They will be glad to provide a list of where they have had successes. Building colors will be earth tones. Although they have not completed the final design, entrances at their other projects have been enhanced with raised planters and trees.

City Manager Gary Esplin noted that Parks Planning staff will review the landscape plans. He clarified that the signs can be approved through the PD zone so that the Council can see what they look like.

Mayor Pike opened the public hearing.

Kendall Clements, resident, inquired about the pad and why the road shifted.

Mr. Whalen explained that while working with City staff on the traffic, it was recommended that the road shift.

Mr. Clements commented that he lives in the community and looks forward to seeing this development.

Mayor Pike closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to change the zone from C-2 and R-1-10 to PD-C on 28.802 acres generally located at the northeast corner of Riverside Drive and Mall Drive from Mall Drive to 2200 East and Riverside Drive to the River with the requested information in the agenda packet including items #1-15 of the Planning Commission and the amended heights that were presented and the signage as has been explained under the requirements of PD-C zone and also to make sure that #4 on the Planning Commission recommendations mirror the language of #17 on staff’s comments.
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.

Councilmember Almquist noted that the elevation change between the dinosaur museum property and Smith’s should be addressed.


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May 21, 2015
Page Six

City Manager Gary Esplin explained that that will be addressed throughout the process.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 (Agricultural) to R-1-8 (Single Family Residential 8,000 sq. ft. minimum lot size) on 20.66 acres generally located in Little Valley, east of 3000 East Street and north of the logical extension of Crimson Ridge Drive. Development Solutions Group, applicant.

Planner Ray Snyder presented the request for a zone change from A-1 to R-1-8. He showed a vicinity map, aerial map, General Plan map, zoning map, and a map showing the zone change request. Planning Commission recommends approval.

Steve Kamlowski, representative, stated that this zone change matches the area well.

Councilmember Almquist inquired about the parks that are part of their commitment to the City.

City Manager Gary Esplin advised the park has been ongoing discussion. There is no agreement on where the parks will be and should not affect this zone change.

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

Councilmember Almquist suggested after the zone change, a request for upsizing the utilities and pipes in that area should be discussed.

City Manager Gary Esplin commented that the lines have been upsizing based on the General Plan.

Councilmember Hughes asked how many homes will be built on the property.

Mr. Kamlowski replied approximately 65 homes.

Councilmember Hughes mentioned that he is concerned about building smaller as there are a limited on number of roads over the river.

MOTION: A motion was made by Councilmember Randall to approve the zone change from A-1 to R-1-8 on 20.66 acres in Little Valley, east of 3000 East Street and north of the logical extension of Crimson Ridge Drive.
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.




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May 21, 2015
Page Seven

City Manager Gary Esplin noted that A-1 is a misnomer for the property as it has never had water or been a farm. Traffic is the concern; Little Valley residents are restricted just as they are in Green Valley.

PUBLIC HEARING/BUDGET AMENDMENTS/RESOLUTION:
Public hearing to consider amendments to the FY2014-2015 Budget.

City Manager Gary Esplin advised the proposed amendments to the 2014-15 fiscal year budget are as follows: 1)To budget for the 2014 Heads Up Thumbs Up (HUTU) grant which overlaps both of the 2014 and 2015 fiscal years. This budget opening accounts for funds carried forward from FY2014 to be expended in this current fiscal year; 2)To budge for a State of Utah Alcohol Drug Free Committee grant to purchase 3 in-car video camera systems; 3)To budget for the replacement of the volleyball standards at the Recreation Center with portable volleyball standard; and to also increase Youth Sports Revenues closer to anticipated final amounts for the year; 4)To budget for a donation from the Stephen Wade Foundation Grant to provide uniforms and trophies to youth sports participants; and to increase the expenditure budgets accordingly to accommodate the expenses; 5)To budget for receipt of a donation from Sun River to fund musical performances on the West Jazz Stage during the Art Festival; 6)To budget for a part-time receptionist at the City Commons building; 7)To budget for the Finance Director’s retirement which was unanticipated and not included in the budget; 8)To budget for renovations to the men’s and women’s restrooms at the Dixie Academy building to make the stalls and sinks ADA compliant; 9)To budget for reimbursement from UDOT for City Street crews and materials to repair the concrete drainage ditch on Bluff Street; 10)To budget for purchases of merchandise and snack bar goods to accommodate opening the pro shop and snack bar at each of the City’s golf courses; 11)To budget to install a membrane roof system on the City-owned building located at 1506 S. Silicon Way in the Tonaquint Hills Business Park (DXATC building); 12)To increase the budget for the audit costs allocation being greater than anticipated; 13)To increase the budget for trustee fees, audit fees, and arbitrage fees being greater than anticipated; 14)To re-budget for the City’s participation in the Milepost 8 improvements and 1000 E. St. George Blvd. intersection improvements as previously budgeted for in Fiscal Year 2013. UDOT is now ready to invoice the City for our commitment; 15)To budget for design engineering for the River Road bridge improvements and widening. Design will commence this current fiscal year with construction in fiscal year 2015-16. Primary funding will be provided by unspent funds from the 2009 Sales Tax Revenue Road Bonds; 16)To budget for this year’s estimated design, engineering and construction progress payments for the Little Valley Pickleball Courts funded by future RAP Tax revenues with a temporary advance from the Economic Development Fund; 17)To increase the St. James Trailhead budget as actual bids exceeded engineer’s estimates and to also fund the costs to bring irrigation water and power to the site. Funding is provided by Impact Fee revenues anticipated to be greater than the budgeted amount; and 18)To increase the budget for the Brigham Road Detention Basin Park to accommodate design, engineering, and geotech fees expected to be incurred this current fiscal year.



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May 21, 2015
Page Eight

Mayor Pike inquired about the rent paid on the DXATC building. He asked if the funds received goes back economic development funds, which was used to pay for the building.

City Manager Gary Esplin explained that the funds do go back into that fund; however some of the money was put into the General Fund to sponsor some of the economic
development activities. He mentioned that the first RAP Tax check was received for $200.

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

MOTION: A motion was made by Councilmember Arial to approve the amendments to the FY2014-2015 Budget.
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.

ZONE CHANGE/ORDINANCE:
Consider approval of an ordinance vacating a portion of a maintenance easement that crosses the west 15 feet of lot 13 of Sundown Estates. Barbara Crossley, applicant.

Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of a maintenance easement that crosses lot 13 of Sundown Estates. When Sundown Estates was recorded, the City required an easement on the west side. The applicant has spoken with the adjacent property owner who has agreed to move the easement onto their property.

MOTION: A motion was made by Councilmember Hughes to approve the ordinance vacating the west 15 feet of lot 13 of Sundown Estates easement.
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.
St. George City Council Minutes
May 21, 2015
Page Nine

SET PUBLIC HEARINGS:
Planner Ray Snyder advised that at it meeting on May 12, 2015 the Planning Commission recommended setting public hearings on June 4, 2015 to consider: 1)A
zone change amendment request on one acre of property zoned PD-C to accommodate the future development of a Sprinkler Supply wholesale/retail store on property generally located east of the I-15 freeway and north of 300 South Street; 2)A zone change request to rezone on: 1.695 acres from C2 to PDR; 0.412 acres from PDR to C2; and 0.412 acres from C2 to PDR to accommodate future residential development of Desert Crest generally located at the southeast corner of Desert Canyons Parkway and the Southern Parkway; and 3)A General Plan amendment from COM to MDR on approximately 7.89 acres generally located at the northeast corner of Brigham Road and Desert Hills Drive to allow for the future submittal of a zone change for Desert Hills Townhomes.

MOTION: A motion was made by Councilmember Randall to set the public hearings for June 4, 2015.
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.

HILLSIDE PERMIT:
Planning and Zoning Manager John Willis presented the request for an amendment to a hillside permit. The property located at Nevada Drive and 3000 is approximately 34.58 acres and is zoned PD-R. He showed several maps and explained that they are requesting to connect two cul-de-sacs in order to improve connectivity and address sewer depth. The hillside ordinance requires all major development on slopes above 20% requires a hillside development permit. They are within the required hillside disturbance; however, there is a small wash the applicant is requesting not be included in the determination. He read the portion of the ordinance that applies to washes. The applicant believes the area meets the criteria. The Hillside Review Board and Planning Commission have reviewed and recommend approval. He then showed pictures of the site.

MOTION: A motion was made by Councilmember Almquist to approve the amended hillside development permit for Red Cliffs Park.
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
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May 21, 2015
Page Ten

Councilmember Arial – aye

The vote was unanimous and the motion carried.

HILLSIDE PERMIT:
Planner Ray Snyder presented the request for a hillside development permit to allow for the removal of isolated noncontiguous and insignificant slopes to allow development of multi-family apartments. The property is located directly north of the electrical substation at Riverside Drive and 1990 East Street and is south of the Rebel Creek Apartments and is approximately 6.84 acres. He showed a vicinity and site map, aerial views of the site, zoning map, General Plan land use map, a slope table, a slope legend, plans, a geotechnical report, and photos of the area. He mentioned the applicable ordinances and read staff comments, Hillside Review Board motion, additional comments and Planning Commission comments and motion as listed in the agenda packet. Approval is subject to review of the Legal Department and a donation agreement as offered by the applicant. The applicant requests that acceptance of the donation of land come with the stipulation by the City that no future development occur on the approximate 32.02 acres.

Councilmember Hughes inquired about the donation agreement. He asked if the City wanted the property and what the liability was if a rock were to fall.

Councilmember Almquist mentioned that it was made clear on site that they are two separate items.

Deputy City Attorney Paula Houston advised that the City’s position is that it does not have liability as long as the City has not altered the area in anyway. Although they are two separate parcels, if the City Council would like to consider them together, they can, but they do not have to.

City Manager Gary Esplin commented that he feels it needs to be in a separate motion. Further development would not be considered without having a resolution accepting the property in place. In the past, the City has accepted hillsides; however, he agrees with Deputy City Attorney Paula Houston with regard to liability to the City. There will always be a potential liability.

MOTION: A motion was made by Councilmember Hughes to approve the recommendations of the Hillside Review Board to remove the isolated and insignificant slopes on approximately 6.84 acres as presented and do not include the donation agreement.
SECOND: The motion was seconded by Councilmember Arial.

Deputy City Attorney Paula Houston noted that the motion should clarify that the approval is based upon the fact that the other property is being considered as the percentages that makes it okay to grant the variance.

AMENDED
MOTION: Councilmember Hughes amended his motion to include Ms. Houston’s note.
SECOND: The amended motion was seconded by Councilmember Arial.
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May 21, 2015
Page Eleven

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 mentioned that it would serve well to have Deputy City Attorney Paula Houston review an issue that came up while the Hillside Review Board was on site. He explained the expertise the Hillside Board includes and noted that he is a non-voting member of the Board. One of the members needed to clarify their status for voting. He asked Deputy City Attorney Paula Houston to explain the parameters of the board members.

Deputy City Attorney Paula Houston pointed out that there may have conflicts of interest on any board or committee. That may be ownership or contractual interest in the property. Under state law, the member is required to declare the conflict; they do not have to remove themselves. In her experience, those with a conflict always choose to recuse themselves.

Councilmember Almquist noted that one of the representatives was under contract to provide information to the applicant. That member recused himself and did not participate.

Mr. Jenkins clarified that the applicant has a building design conceptual site plan and a conditional permit that will be coming to Council soon. He hopes the donation will not hold that up.

PRELIMINARY PLAT:
Assistant Public Works Wes Jenkins presented the preliminary plat for The Villas at Cottam Ridge, a 60-lot residential subdivision located at River Road and 1850 South; zoning is PD-R. He pointed out that the main access is off River Road. Originally, the applicant proposed to only do the south half of the access. Staff requested the entire access be completed further. The lots along River Road will be double fronting lots with landscape strips that will be maintained by the HOA. The proposal is to run irrigation lines to irrigate vegetation and remove the dead vegetation. He showed pictures of the dead vegetation.

Councilmember Almquist mentioned that it is a fire risk and it has never been cleaned out. Maybe irrigating the trees will make them healthier.

Councilmember Hughes asked if there is there a way to make it accessible.

Mr. Jenkins stated that staff looked at that. They will need to provide access because it will need to be maintained.



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May 21, 2015
Page Twelve

City Manager Gary Esplin explained that when the final plat is approved, the developer will need to have a plan and address how they will maintain it. The plan will have to be reviewed by Parks Planning staff.

Councilmember Bowcutt asked about a written agreement that allows the drainage to run across Howard Cottam’s property.

City Manager Gary Esplin noted that there is already an prescriptive easement.

Deputy City Attorney Paula Houston explained that if it is made into a ditch and the water is being directed to a certain point there could be a problem.

Mr. Jenkins stated that there is already a ditch that is filled in.

Deputy City Attorney Paula Houston advised since this is a preliminary plat for the layout, the Council is not approving ditch or draining issues.

MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat for The Villas at Cottam Ridge.
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.

LOT SPLIT:
Assistant Public Works Director Wes Jenkins presented a request for a lot split of a vacant industrial lot located between developed parcels at 389 North and 477 North Industrial Road; zoning is M-1. The lot split will divide the property approximately down the middle leaving a parcel to the north and a parcel to the south.

MOTION: A motion was made by Councilmember Hughes to approve the final plat amendment to split the lot.
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.

St. George City Council Minutes
May 21, 2015
Page Thirteen

SALE OR TRADE OF EXCESS CITY PROPERTY
Consider the sale or trade of excess City property located on the hillside above 2734 South Escalante Drive. Bob Anderson, applicant.

Economic and Housing Development Director Matt Loo advised that the property owner has approached the City to inform them that his property has encroached onto City property. He mentioned the photos of the property which are included in the agenda packet and noted that the applicant installed a wall to mitigate drainage
issues. He explained that property deemed excess City property has been sold to the property owner at $1.50 per sq. foot.

Councilmember Bowcutt asked in a normal situation, would the City be responsible to take care of the runoff water.

Deputy City Attorney Paula Houston advised the City would not be responsible for the runoff water since it was natural.

City Manager Gary Esplin explained when the building was built; it was the homeowner’s obligation to protect their property. The City can recognize that by building the wall, the applicant has benefitted neighbors and the City and discount the cost per sq. foot.

MOTION: A motion was made by Councilmember Hughes to accept the wall as trade and discount the price to $1.00 per sq. foot.
SECOND: The motion was seconded by Councilmember Almquist.

Deputy City Attorney Paula Houston advised that there is not a purchase agreement at this time. Staff will work on that and bring it back for approval.

AMENDED
MOTION: Councilmember Hughes amended his motion to make the offer to Mr. Anderson to purchase the property for $1.00 per sq. foot.
SECOND: The amended motion was seconded by Councilmember Almquist.

Councilmember Bowcutt added that he wishes it was $.50 per sq foot.

Mayor Pike agreed.

Councilmember Bowcutt asked for clarification on the motion.
City Manager Gary Esplin explained that staff will make an offer to Mr. Anderson to purchase the property for a discounted price of $1.00 per sq. foot, recognizing the improvement that he has made.

Councilmember Hughes stated that the total price will be $5,900.

City Manager Gary Esplin advised that Council has to look at the precedent since that is what has been done in the past.



St. George City Council Minutes
May 21, 2015
Page Fourteen

AMENDED
MOTION: Councilmember Hughes amended his motion that in light of the fact that Mr. Anderson has spent over $14,000 controlling the flood, the Council will give him the opportunity to purchase the property for $1.00 per sq. foot.
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 – nay
Councilmember Arial – nay

The motion carried.

Councilmember Bowcutt commented that he is in favor of working it out but the $1.00 is too high.

MINUTES:
Consider approval of the minutes from the meeting held on March 26, 2015.

MOTION: A motion was made by Councilmember Almquist to approve the minutes from the meeting held on March 26, 2015.
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.

MINUTES:
Consider approval of the minutes from the meeting held on April 2, 2015.

MOTION: A motion was made by Councilmember Arial to approve the minutes from the meeting held on April 2, 2015.
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
St. George City Council Minutes
May 21, 2015
Page Fifteen

Councilmember Arial – aye

The vote was unanimous and the motion carried.

REPORTS FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER:
Deputy City Attorney Paula Houston mentioned voting centers.

Mayor Pike explained that there may be a primary election held on August 11, 2015. There have been some issues with getting schools lined up for that election. There is
an option to have voting centers rather than polling locations, which would be fewer locations geographical. He suggests considering going that route as it will save the City about half the cost.

Deputy City Attorney Paula Houston advised the Council will have to vote on it.

City Manager Gary Esplin added that it may be easier because voters can go to any voting center to vote.

Mayor Pike suggested the request be put on the agenda for next week. He told the City Recorder to move toward that option. He then mentioned that he attended the DTEC meeting; they would like City’s to look into HB362, the local transportation tax. If the City is interested in getting that on the ballot for this year, the City Council needs to adopt a resolution.

Councilmember Hughes commented that a discussion needs to take place about the ramification if all Counties do not pass it.

City Manager Gary Esplin stated that the funds are point of sale and explained how the funds are split. It has to pass countywide.

Mayor Pike mentioned which Counties he knows that may support this. The good thing is that the voters get to vote on this. If approved, it will allow the City to expand transit much more.

Councilmember Hughes noted that the Animal Shelter Board is doing well.

Councilmember Randall mentioned that the Shade Tree Board needs two new members.

Councilmember Arial stated that the Arts Commission has suggestions for new board members.

Councilmember Randall commented on May 29 at 2:00 p.m., the Veteran’s Home in Ivins will be placing an eagle monument at the home.

Councilmember Arial stated that the Art Museum is changing their display to a western display. Next year, they will coincide that with the rodeo.

City Manager Gary Esplin mentioned the employee art exhibit taking place at the City Commons Building.


St. George City Council Minutes
May 21, 2015
Page Sixteen


Mayor Pike mentioned that Sunset on the Square movies begin tomorrow. It will be a bike in event since the previous event was cancelled.

ADJOURN:
MOTION: A motion was made by Councilmember Almquist to adjourn.
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.





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Christina Fernandez, City Recorder