City Council Minutes

Thursday, September 2,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 2, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Gail Bunker
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Orton, and the invocation was offered by Reverend Alex Wilkey.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming September 11, 2004 as an official day of remembrance of September 11, 2001. Mayor McArthur then presented the proclamation to Brian Benware of Bonneville Intermountain Radio Group.

PRESENTATION:
Jim Raburn, Bryce Christensen, Jerry Tishner and Lee Bunnell, representing the Lions Club and Dodge Truck, presented Mayor McArthur with a Dodge collectors belt buckle. They advised that the Lions Dixie Round-Up will be held September 16-18 and will be kicked off with a Chris LeDoux concert in the Sunbowl on September 11.

CONSENT CALENDAR:
Consider approval of the financial statement for July, 2004.

City Manager Gary Esplin advised that the financial statement is for the first month of the fiscal year and all departments are within budget.

MOTION: A motion was made by Council Member Orton to approve the financial statement as presented.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution abandoning a public utility and drainage easement located between Lots 82 and 83, and between Lots 83 and 84 of the Boulders. Thomas A. Taylor, applicant.

City Manager Gary Esplin commented that staff recommends approval.

MOTION: A motion was made by Council Member Orton to approve the resolution.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution granting an easement to Scott Hill, SCH Properties, LLC, through City-owned property by the Elks Field for drainage and gas to 200 South Street.

City Manager Gary Esplin explained that staff has reviewed the request and recommends approval.

MOTION: A motion was made by Council Member Gardner to approve the resolution.

SECOND: The motion was seconded by Council Member Allen.


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September 2, 2004
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VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended that a public hearing be scheduled for October 21, 2004 at 5:00 p.m., or any time thereafter, to consider a zone change from R-1-10 to PD Commercial on 3.62 acres located at approximately 1400 West and Snow Canyon Parkway. Rick Rosenberg is the agent for Snow Canyon Holdings, LLC.

MOTION: A motion was made by Council Member Gardner to schedule the public hearing for October 21 at 5:00 p.m.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended that a public hearing be scheduled for September 23, 2004 at 5:00 p.m., or any time thereafter, to consider a zone change from R-1-10 to PD Residential on 4.58 acres located at 1157 South Plantations Drive. Jeff Chapman is the agent for Trendwest Resort.

MOTION: A motion was made by Council Member Allen to schedule the public hearing for September 23, 2004 at 5:00 p.m.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of the final plats for Las Hurdes Townhomes, Meadow Valley Phase 2, Sagewood at Seven Hills Phase I, and Huntington at Stonebridge Phase 4. However, only two of the four final plats are ready for signature this evening.

MOTION: A motion was made by Council Member Orton to approve the final plats and authorize the Mayor to sign them.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of the preliminary plat for Foremaster Ridge Phase 3 subject to providing cross sections on each lot to show how the proposed retaining walls would be built along the hillside. A discussion took place in Planning Commission meeting about identifying the location of the ridge line. Phases 1 and 2 have setbacks based on the abrupt edge, which is the rock ledge. Staff is concerned about the visibility of the future homes from the valley.

Mayor McArthur inquired who would have liability if an earthquake loosened the rock ledge.

City Manager Gary Esplin replied that the developer would have the first line of liability, and the City Attorney would have to say whether or not the City would have any liability.

Mayor McArthur inquired if the rocks used for retaining walls would be colored or stained.

Doug Rogers, applicant, explained that painting the rocks was not an issue when the original phase was built. In later phases, painting the rocks was an issue. He commented that he had no problem inserting into the CC&Rs a requirement that all rock retaining walls had to be painted to remain consistent with what has already been done on the ridge.

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Council Member Allen inquired how contractors could be stopped from pushing overburden over the side of the ledge, as this is still going on along the ridge.

Mr. Rogers replied that this was not being done in his subdivision, and it is written in the CC&Rs that if this happens, it must be restored.

Mayor McArthur inquired how many lots in this phase would be located along the ridge line.

Mr. Rogers replied that there were seven lots along the rim, and five lots on the inside. Most lot owners want to build as close to the rim as possible, consistent with other homes built up and down the ridge. The City Council came up with the definition of the abrupt edge.

Mayor McArthur inquired if Mr. Rogers and other property owners were still planning on donating property to the City.

Mr. Rogers replied that they were all in agreement that property would be donated within the next couple of years.

Mayor McArthur commented that the City was concerned with preserving hillsides.

Council Member Orton inquired if any property from the first phase had been donated.

Mr. Rogers replied that no property had been donated from the first phase. It is being held in reserve as a tax benefit.

Council Member Allen inquired of Mr. Rogers who owned the land between his project and the East Ridge project.

Mr. Rogers replied that Sam Scafitti from California purchased the land from Houston and Hannig and is waiting for the price of land to go up before he develops. He advised that once the road is completed to this vacant land, it will be oiled so that it is a useable road to join the East Ridge project with his.

Council Member Whatcott commented that while he preferred the homes to be built 60 feet from the abrupt edge, there were only seven lots left and everyone else built under the old rules and infringed on the edge. While it is a fairness issue, he did not want to see rocks stacked on top of the abrupt edge. He commented that the City must be stringent in protection of the rim on the west side of the East Black Ridge.

Mr. Rogers replied that from his standpoint, it was important that the phases remain uniform. If the City precluded use of another 30' of useable property, this would cost him a lot of money as he would not feel good about charging for property that could not be used.

Council Member Gardner commented that requiring the rocks be treated with an emulsion through a provision in the CC&Rs is the larger issue.

Mayor McArthur commented that this requirement should be a deed restriction so the City could enforce it.

Council Member Whatcott commented that even with an emulsion, a difference can be seen between the natural rocks and the stacked rocks.

Council Member Bunker inquired who determined where the ridge line was located.

Associate Planner Mark Bradley explained that the Hillside Review Board was involved early on when the road across Foremaster Road was built. Their understanding was that the abrupt edge was at the upper ridge, as they did not realize that the property continued down beyond the edge. Staff would like to point out that the difference in the transition area and the upper ridge line is where the 30' setback should be measured from.

Todd Edwards, Bush and Gudgell Engineering, advised that he surveyed what he felt was the top of the ridge and went over this with staff. The ridge line is well defined and will be shown on the final plat. The setback will be from the abrupt edge or the property line, whichever is less, and there should be no question where the abrupt edge is. The ridge line is the high point, but is not as easy to define. For the most part on the lower lots the property line is on top.

Council Member Gardner commented that if the City can require a deed restriction and insist on coloring the rocks, this would be a huge step in the right direction. In most cases, the home sites will exceed 30 feet from the property line.

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MOTION: A motion was made by Council Member Gardner to approve the preliminary plat as presented with the stipulation that a deed restriction require coloring the rocks.

Mr. Rogers asked that the City Council also include the requirement that the deed restriction include the use of basalt rock only.

AMENDED MOTION: Council Member Gardner agreed to add this provision to his motion.

SECOND: The motion was seconded by Council Member Allen.

Mayor McArthur commented that the drawings submitted by Mr. Edwards showing the setback for each lot must be followed.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 24, 2004, recommended approval of the preliminary plat for Sun River at St. George Phase 15. This phase will consist of 80 single family units on 22.303 acres, for a density of 3.59 dwelling units per acre. A bridge will be constructed over the Atkinville Wash to access the lots. Angel Arch Drive will be a 66' public right-of-way. Staff expressed concern at the Planning Commission meeting about the lay-out of the pads near the golf course, and there was discussion about emergency access if a natural disaster were to occur with only one access for 80 lots. The applicant?s response was that Sun River has agreed to relocate one tee so there is less risk, and to address natural disaster access through old, rough roads which have been created over time to access I-15, if needed.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of the preliminary plat for Highlands at Green Valley subject to City Council consideration of whether the maintenance of the retaining walls is through a maintenance contract with each affected lot, or by including the retaining walls as part of the common area.

Council Member Gardner inquired of the applicant which option he preferred.

Milo McCowan, applicant, replied that he did not care.

Council Member Orton recommended that the maintenance of the retaining walls be included as part of the common area.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat, with maintenance of the retaining walls made the responsibility of a homeowner?s association.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of the preliminary plat for Bella Terrazza at Sunbrook subject to the removal of one upper parking stall.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendation of the Planning Commission.

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of the preliminary plat for Tonaquint Terrace at Southgate. At the Planning Commission meeting there was discussion

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about the proposed rock park. There is a proposed combination of concrete and stacked rock retaining walls throughout the development, and the applicant has been working with Engineering staff to minimize the heights of the retaining walls.

Leisure Services Director Kent Perkins advised that he had not had an opportunity to review the proposed park and therefore could not comment on it.

Mayor McArthur commented that the City welcomes all park properties.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur commented that the City Council just approved 500 new units, and he hoped there was enough water infrastructure to take care of all these units.

City Manager Gary Esplin commented that staff would prefer to keep the park a natural park.

Mayor McArthur commented that the plat showed access to the park area.

City Manager Gary Esplin commented there was also access to the park along the power lines between this project and the Bloomington area.

MINOR SUBDIVISION:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a minor subdivision, Sunset Corner Commercial Development, located at Bluff Street, SR-18, and Sunset Blvd. subject to the applicant conveying public utility and drainage easements.

Council Member Gardner declared a conflict of interest and left the stand.

Mr. Bradley explained that the applicant is creating a land division for five commercial lots. Staff recommends approval.

MOTION: A motion was made by Council Member Orton to approve the minor subdivision subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor McArthur called for a vote, and all voted aye, with the exception of Council Member Gardner who was away from the stand and abstained from voting. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a hillside development permit for a proposed single family residential development (Serenity Hills) located at the northeast corner of 2000 South and 2580 East. The Planning Commission recommended approval subject to the recommendations of the Hillside Review Board, as follows:

1. Geogrid fencing be placed at the catch point of the 1:1 cut slope so not to disturb the upper hillside during excavation.
2. During the excavation process consult with the geotechnical engineer for stability of the cuts.
3. Acknowledgment of an access issue between the adjacent properties and accepting necessary cuts to be made for a 12 ft. access easement through either proposed Lot #97 or #98.

MOTION: A motion was made by Council Member Whatcott to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a hillside development permit for Tuscan Hills Phases 1 and 2 located on the west side of Dixie Drive in the vicinity of 1700 South. The Hillside Review Board also recommends approval.

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MOTION: A motion was made by Council Member Orton to approve the hillside development permit.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a site plan and building elevation for a proposed office building in Tonaquint Hills Phase 1, Lot 3 at approximately 1500 South and Dixie Drive. Because this is a PD, the building elevation and site plan must be approved by the City Council. Staff is expecting receipt of the landscaping plan, and is not aware of any outstanding issues. The building will be a nice addition to the area, and more parking than required is being provided. The building will be 12,000 sq. ft. in size.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevation.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RE-12.5 Residential Estates to R-1-10 Single Family Residential on 22.57 acres located at 1900 East and Middleton Drive. DKGMC L.C./NHB Family Partners, applicant.

Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended denial of the request because of their concern about adjacent properties with animal rights. The area in question historically has a mixed use. An RE zone allows not more than one large animal or no more than eight small animals, or no more than 30 poultry on any lot. Two large animals would be allowed on a 20,000 sq. ft. lot in an RE zone. The purpose of RE zoning is to allow a hobby farm incidental to the dwelling.

Rick Rosenberg, representing the applicant, explained the property is located adjacent to 10,000 sq. ft. lots. The applicant proposes to leave the area on top of the red rock outcropping zoned for larger lots, but would like R-1-10 zoning for the lower portion to make up for losses in the hillside area and to help with site costs. The applicant will be required to connect roadways for access and to provide access to the Doyle property, as well as make improvements to Middleton Drive frontage on the south end. CC&Rs would preclude large animals, even on the RE-12.5 zoned property. A traffic impact study is also required.

Council Member Whatcott inquired of the City Attorney if CC&Rs would override the City zoning which would allow large animals in an RE-12.5 zone.

City Attorney Shawn Guzman replied that the CC&Rs could prohibit large animals, but the City would not enforce the CC&Rs.

Mr. Rosenberg explained that a shallow pond will be used as a catchment for storm water retention.

Mayor McArthur opened the public hearing.

Joe Harris, a resident of Forest Park, voiced objection to more lots, more people and more traffic in the area.

Ronald Stout expressed support for the project, stating that the project will complete Middleton Drive, and with the new frontage road, there will be no reason to go through Middleton to reach the industrlal park.

Ann Watkins, a resident of Middleton Drive, explained that her property consists of just less than two acres and animal rights are important to her. Conflicts erupt when zoning is changed and new residents do not know what to expect when they live around horses. She stated she would prefer to see the zoning remain RE-12.5.

Council Member Allen suggested it would be nice when the lots were sold that the new owners were informed there were animals in the area.




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Julie Blake commented that she owned 3.5 acres on the other side of the applicant?s property, and was in favor of the zone change as 14 more houses will not make or break traffic on Middleton Drive and the proposed development will be a great asset to the area.

Ted Fullerton, a partner in the project, advised that they are trying to entice people up to the higher property to build more expensive homes thereby promoting Middleton as a destination neighborhood. Horses have nothing to do with changing the zoning from RE-12.5 to R-1-10, as they will not be allowed at all in the subdivision, regardless of the zoning. The maximum number of homes being proposed at present is 60.

There being no further public comment, Mayor McArthur closed the public hearing.

MOTION: A motion was made by Council Member Allen to approve the zone change by ordinance, with the hope that buyers would be made aware that there are animals in the area, that they have a right to be there, and that there will be flies.

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Gardner suggested that a notation be placed on the plat that there are large animals nearby and as a result there will be flies.

AMENDED MOTION: Council Member Allen agreed to amend her motion to include a stipulation that a notation be placed on the plat advising that there are large animals nearby and as a result there will be flies.

AMENDED SECOND: Council Member Whatcott seconded the amended motion.

City Attorney Shawn Guzman advised that the notation must be worded correctly to say that as long as nearby property remains zoned as it currently exists, there is the potential for large animals.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential to M-1 Manufacturing on 514.335 acres located on River Road south of the existing Ft. Pierce Industrial Park and north of the ?white dome? hillside formation. Gilbert Jennings/SITLA, applicants.

Mayor McArthur advised that when this property was annexed into the City, it was zoned R-1-10, which at that time was used as a holding zone.

Associate Planner Mark Bradley explained that the Planning Commission recommended approval. The subject property consists of 512.987 acres. Staff met with the applicant?s engineer to propose removing the slope area above 15% along Price City Hills, and the applicant is willing to do this.

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

MOTION: A motion to approve the zone change by ordinance was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Orton - aye
Council Member Whatcott - aye


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The vote was unanimous and the motion carried.

Mayor McArthur invited a Scout in the audience to introduce himself.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage to a height of 16'6" adjacent to a home at 2127 East Circle Ridge Drive (Lot 57 in the Knolls at Little Valley Subdivision). Mr. and Mrs. Porter, applicants.

Assistant Planner Ray Snyder explained that the Planning Commission recommended approval. No responses have been received from neighbors.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a 100' communications cellular tower at Webb Hill in an Open Space zone for the City Police Department. City of St. George, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission recommended approval. The applicant would like to relocate the existing tower located near the airport to Webb Hill. An equipment building is also proposed for the site.

City Manager Gary Esplin explained that the tower will be used by several City departments.

MOTION: A motion to approve the conditional use permit was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

LOCATE WORKMED CLINIC:
Consider approval to locate a WorkMed clinic in the Millcreek Industrial Park at 385 North 3050 East in an M-2 zone. Dixie Regional Medical Center, applicant.

Associate Planner Mark Bradley explained that it is up to the City Council to determine whether a Workmed clinic is an appropriate use in an M-2 zone and in harmony with the intent and purpose of the Millcreek Industrial Park covenants. The Planning Commission recommended approval. The clinic will provide services to industrial workers. Staff sees the clinic as an asset to the area.

Gary Stone, representing Dixie Regional Medical Center, explained that the clinic is running out of space at its present location next to Instacare. Typically, Workmed clinics are free-standing in industrial corridors, and it makes sense to move the clinic to the proposed location. A majority of the building will be used for storage of records, with 3,500 sq. ft. used for the clinic.

City Manager Gary Esplin commented that as the Special Review Board, the City Council is designated to determine whether or not the use is proper in that zone under the protective covenants.

MOTION: A motion was made by Council Member Orton to approve location of the Workmed clinic in the Millcreek Industrial Park as proposed.

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

REQUEST FOR VARIANCE FROM SIGN PROVISIONS OF CITY CODE:
Consider a request for a variance from the sign provisions of the City Code for off-premise temporary advertising signs. Scott Baker, applicant.

Brad Young, Code Enforcement Officer, explained the applicant is requesting a major variance from the off-premise and temporary sign provisions of the City Code. If allowed, the impact would open up the opportunity for many businesses to put up temporary and off-premise signs. He explained that on August 11 he received several complaints about the applicant?s signs advertising an auction. The City Code authorizes

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the Code Enforcement Officer to abate signs where their primary purpose is served before the expiration of the period contained in the Code.

Scott Baker, applicant, stated he did not feel this was a major issue, and would like to place auction signs four to six times a year for four days prior to each auction. They would be taken down the day of the auction. They are only placed after permission is received from the property owners at strategic locations. The signs are not obtrusive, do not look bad, and are professionally made. Variances from the City Code are made for other events, such as the Parade of Homes, the marathon, rodeo, etc. He stated it was hard to believe someone would complain about the signs. He would like to do used car auctions eventually.

Council Member Whatcott commented that if Mr. Baker was allowed to place temporary, off-premise signs, then every retailer in St. George advertising a sale would have to be allowed to do so, and this would open up a huge can of worms.

Council Member Bunker explained that she works for an organization which sponsors ten events a year, and she would then want the same consideration. The difference between the events Mr. Baker and she would want to advertise and the events mentioned by Mr. Baker such as the marathon, rodeo, etc., is that they are just once a year.

Council Member Allen commented that the overall picture is the problem. She inquired of Mr. Young what he did with the signs once he removed them.

Mr. Young replied that normally they are thrown away, but in this case one sign was returned to Mr. Baker at his request. Most of the signs thrown away are advertising a specific event and cannot be used again.

City Attorney Shawn Guzman stated that the City is going to change its policy in this regard, and the City has agreed to reimburse Mr. Baker for the other three signs which were destroyed.

Mr. Baker commented that the sign provisions of the City Code should be clearer so that the average citizen can understand them.

MOTION: A motion to deny the request was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ART EVENT:
Consider approval of an ?Art Around the Corner? event to be held October 15-16. Pioneer Center for the Arts Foundation, applicant.

L?Deane Trueblood distributed a folder entitled ?Art Around the Corner 2004-2005" and reviewed its contents. She stated that she would like the City?s help with installation of pedestals, concrete pads, and placement of large sculpture pieces. She would also like the City to consider purchasing one or more of the sculpture pieces and then donate them for permanent display.

Leisure Services Director Kent Perkins commented that the City would maintain the pedestals and a volunteer group would maintain the sculpture pieces.

Mayor McArthur commented that he would be glad to donate crane work for installation of the sculpture pieces.

Council Member Bunker inquired about liability.

City Attorney Shawn Guzman replied that he is working with Bill Swensen to assure the pieces are located so as not to impact pedestrian traffic. As far as insurance, the City will be able to get a better rate than the artists would get on their own. He commented that it would be best to assure that each piece was adequately lighted to cut down on liability and the probability that someone would damage or steal the art work.

MOTION: A motion was made by Council Member Bunker to approve the event as requested.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



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APPROVE MINUTES:
Consider approval of the minutes of the special City Council meeting held August 12, 2004.

MOTION: A motion was made by Council Member Orton to approve the minutes as presented.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss possible litigation and a property purchase.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

DISCUSSION RE BUILD-OUT OF CITY:
A discussion was held with regard to the estimated build-out of the City and needed infrastructure.

DISCUSSION RE DEVELOPMENT ISSUES:
The meeting held with commercial developers on August 24 was reviewed.

CONDEMNATION RESOLUTION
Consider approval of a resolution to begin the condemnation process for a portion of the Santa Clara River trail.

MOTION: A motion to approve the resolution was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

BRADSHAW/WEEKS PROPERTY PURCHASE:
MOTION: A motion was made by Council Member Orton to pay for the improvements at the Bradshaw/Weeks auto site and purchase the property in the amount of $ .

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MIDDLETON DRIVE CURB AND GUTTER:
Mayor McArthur explained that the City has to install a major drain line through Middleton Drive, with the City paying $27,000 for its portion. Costs have risen so much, that the cost to property owners along Middleton Drive have more than doubled. The City has been telling Val Carpenter for eight years that it will be done.

City Manager Gary Esplin commented that when Middleton Drive was redone, the elevation was raised and it is now 2" higher than before. He recommended that the City proceed with the project, but was not sure if the increase in costs should be passed on to the residents. He suggested that the City ask for $2,000 from each property owner affected, with the City picking up the remaining cost. The City also has to pay for paving the road from curb to curb. He suggested the Middleton Drive residents be given two years to pay without interest, and the City install the storm drain system using


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September 2, 2004
Page Eleven

storm drain money to solve drainage problems in this area. Because of the road height the City has some obligation to help out.

MISCELLANEOUS DISCUSSIONS:
Council Member Bunker commented that the old Arctic Circle building on St. George Blvd. that has now become a car dealership has no landscaping and an ugly sign.

City Manager Gary Esplin advised he would check on it.

City Attorney Shawn Guzman advised that chain link fence on Snow Canyon Parkway has been put up temporarily because of the drop-off on the sidewalk.

The meeting then dismissed at 9:50 p.m.



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Gay Cragun, City Recorder