City Council Minutes

Thursday, August 5,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 5, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by City Manager Gary Esplin, and the invocation was offered by Terry Jones Chaplin for the Elks Lodge.

Mayor McArthur commented about the opening of a bridge tomorrow. It has taken 8 years to get this project out and has cost $7M. The bridge is full width, which is 5 lanes. There will be a dedication ceremony tomorrow at 8:00 a.m.

AGENDA UPDATE:
City Manager Gary Esplin advised there will be a change to the bid openings. It will not be necessary to take care of the change order on 400 East.

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

AWARD OF BID:
Consider award of bid for marathon runner T-shirts.

Purchasing Agent Sue Swenson passed out a sample of the T-shirt for the bid. The decision has been to go with Nortic Track. It will be a colored T-shirt with a 4-color process. The amount is $32,157 which includes separate bagging and deliver.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Nortic Track, in the amount of $32,157.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for marathon awards, trophies and medallions.

Purchasing Agent Sue Swenson stated this is a sole source purchase. The City uses the same one that they have always used which is Kenworthy Signs. The amount is $38,392.75 Council Member Gardner said these are actually paid for by the entry fees by the runners. Purchasing Agent Sue Swenson replied yes.

Cheryl Winter questioned why this is just a sole source bid. Sue replied that it is a proprietary design that the City has used ever since the marathon and Kenworthy Signs has the claim to fame to manufacture the awards. Cheryl Winter asked if they had a trade mark on the design? Sue said they do. Cheryl proposed that the City of St. George develop their own design and keep the trademark in the City?s name so that it opens the bidding up for other people. Mayor thanked her for her suggestion. The City Council will take that under advisement.

MOTION: A motion was made by Council Member Gardner to award the bid to the Kenworthy Signs and Monuments, in the amount of $38,392.75.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for City-wide asphalt repair.
St. George City Council Minutes
August 5, 2004
Page Two

Purchasing Agent Sue Swenson said this is a blanket contract for one year. She stated this was sent out to 8 different vendors. They only received one bid back which was from A-T Asphalt Paving Inc. Last year?s blanket amount was about $50,000. They would like to request that a blanket contract be setup with them.

MOTION: A motion was made by Council Member Orton to award the bid up to $50,000 to A-T Asphalt Paving, Inc. on a blanket contract for the asphalt repairs as needed by the City.

SECOND: The motion was seconded by Council Member Bunker.

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

AWARD OF BID:
Consider award of bid for police interceptors.

Purchasing Agent Sue Swenson this is from the State contract. This bid is for nine of these special vehicles. The contract has been given to Butterfield Ford. The amount is $205,650.

MOTION: A motion was made by Council Member Whatcott to award the bid to Butterfield Ford for the police interceptors for the amount of $205,650.

SECOND: The motion was seconded by Council Member Orton.


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

AWARD OF BID:
Consider award of bid for electric meters.

Purchasing Agent Sue Swenson stated this is a sole source purchase for Centrom Electronic Single Phase Residential Meters. These meters are radio equipped and the City will be changing all the residential homes to this use. Anticipation for next year?s usage is 4,000 to 5,000 meters at $68.00 each. They have extended the same pricing as last year?s blanket to the City. The amount will be $340,000. The vendor is Riter Engineering.

Council Member Gardner asked if this was just for upgrading existing residents or new construction homes as well? Purchasing Agent Sue Swenson replied she believed it was for both.

Energy Service Director Phil Solomon stated they have a program in their budget to try and replace so many during the year to get them to the automatic read. About 3,000 of the meters are for replacement meters and the rest are reserved for new construction. Mayor McArthur asked how many meters the City has? Phil replied total customers are about 26,000.

MOTION: A motion was made by Council Member Orton to approve on a sole source for order for $340,000.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for asphalt, concrete, sand and gravel for all City departments.

Purchasing Agent Sue Swenson stated that 5 vendors did submit a bid. She would like to setup a blanket contract with each of them and advise staff to use the lowest first, if they can?t supply then go to the next. The blanket contract is not to exceed $75,000 for each of them.

Council Member Orton asked if the vendors understand the process before they bid.

St. George City Council Minutes
August 5, 2004
Page Three

Sue replied yes.

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

SECOND: The motion was seconded by Council Member Orton.

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

AWARD OF BID:
Consider award of bid for grass seed for the golf courses and softball facility.

Purchasing Agent Sue Swensen stated they did received 5 bids. A very specific blend of seed was specified. The low bidder decided to submit an alternate seed. They are recommending that they go with the second bidder Helena Chemical. The amount of the bid is $101,680.

MOTION: A motion was made by Council Member Orton to award the bid to the second low bidder, Helena Chemical, in the amount of $101,680.

SECOND: The motion was seconded by Council Member Bunker.

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

AWARD OF BID:
Consider award of bid for two Harley Davidson motorcycles for the Pole Department.

City Manager Gary Esplin stated that at the last meeting, July 15th, they approved the purchase of the Harley Davidson motorcycles on the State contract. Before they took the forms and moved forward with that, the local Harley Davidson motorcycle store matched the bid. So he wants to bring this back to council. Under the City?s policy they do have the local preference for local bidders. Instead of going with a State contract on this one that the City sets up a contract with the local Harley Davidson shop.

MOTION: A motion was made by Council Member Whatcott to change the bid to Zion Harley Davidson and have the local vendor meet the request.

SECOND: The motion was seconded by Council Member Gardner.

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

BEER LICENSE:
Consider approval of beer licenses for the Sunmart 887, Sunmart 953, Sunmart 890, Sunmart 954, and Sunmart 957 convenience stores (the former Tri-Mart stores). Petroleum Wholesale, LP, applicant.

City Manager Gary Esplin stated this is a request for several beer licenses for a new owner of the previous owned Tri-Valley. There will be five beer licenses for the Petroleum Wholesale, LP.

Council Member Whatcott asked the City Attorney Shawn Guzman if they would need to state the five stores as part of the motion? City Attorney Shawn Guzman replied for the council to say ?as noted in the agenda.?

Council Member Orton inquired on most beer licenses don?t they put the license in the name of the managers or is it just the company? Business License Specialist Laura Woolsey stated the license is under the president or the vice president, someone who has a strong holding in the company. In this case, it is the president of the company that is applying for this beer license.

MOTION: A motion was made by Council Member Whatcott to approve the beer licenses for the five Sunmart stores as listed in the agenda.

SECOND: The motion was seconded by Council Member Orton.

St. George City Council Minutes
August 5, 2004
Page Four

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

BEER LICENSE:
Consider approval of a beer license for Steve?s Mini Mart at 851 W. Sunset Blvd. Cameron Lorn Hanson, applicant.

City Manager Gary Esplin stated this is another change of ownership request for a beer license.

MOTION: A motion was made by Council Member Orton to approve the beer licenses for Steve?s Mini Mart as listed in the agenda.

SECOND: The motion was seconded by Council Member Whatcott.

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

TRAILER LEASE:
Consider approval of a Dinosaur Track Site gift shop trailer lease.

City Manager Gary Esplin said this is a request for a gift shop trailer that is being donated to the Dinosaur Track by Darcy Stewart. The lease is about a $1.00 a year. The City Attorney has drawn up the lease agreement. Council Member Whatcott stated that Mr. Stewart has been very generous and working very well with the Dinosaur Tracks owning the property across the street.

MOTION: A motion was made by Council Member Whatcott to approve the lease agreement for the trailer being donated by Darcy Stewart.

SECOND: The motion was seconded by Council Member Gardner.

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

Council Member Bunker would like to suggest that the Council make a formal thank you to Mr. Stewart.

BUSINESS LICENSE:
Consider approval of an ice cream truck mobile catering license. Eugene Okos, applicant.

City Manager Gary Esplin said they have reviewed the license application and it does have to be approved by the Mayor and City Council with an approved route plan. It is the suggestion from our Business License Officer that the following conditions be placed on this license. No vending is allowed in City facilities with contract concessions, no parking for extended periods of time, and no vending during special activities (i.e., First Night, Marathons, etc. )

Cheryl Yenzer asked if there was a regulation on the noise level? Mayor McArthur replied there was a noise ordinance. He asked Chief of Police Marlon Stratton what the noise level was for the City. Chief of Police Stratton replied in excess of 200 ft.

Cheryl Yenzer also questioned about the time of operation. Business License Specialist Laura Woolsey stated that the time of operation is not specified in the zoning ordinance. The applicant is requesting 8-10 p.m. so if you want to limit that make it part of the motion. City Attorney Shawn Guzman stated it would have to be done across the board though. He stated the ordinance might have to be changed. Perhaps change the time to dusk.

MOTION: A motion was made by Council Member Whatcott to approve the ice cream truck mobile catering license.

SECOND: The motion was seconded by Council Member Orton.

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


St. George City Council Minutes
August 5, 2004
Page Five

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson reported that the Planning Commission, at its meeting held July 27, 2004, recommended that public hearings be scheduled for September 2, 2004 at 5:00 p.m., or any date thereafter, to consider the following items:

1. A zone change request from R-1-10 (Single-Family Residential) to M-1 (Manufacturing) on 514.335 acres located on River Road and south of the existing Ft. Pierce Industrial Park and north of the ?white dome? geological hillside formation. Gilbert Jennings is the applicant.

Community Development Director Bob Nicholson stated that the Planning Commission recommended approval with a 6-0 vote subject to revising the northwesterly boundary line adjacent to Price City Hills to be within the slope percentage of less than 15%. This is to avoid hillside development permit requirements as required by the applicant.

2. A zone change request 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, applicants.

Community Development Director Bob Nicholson stated the Planning Commission recommended denial to the Council with a vote of 4-2. The majority of the Planning Commission felt the animal rights of the existing property owners would be in
jeopardy with a zone change that prohibits animal rights, along with several other factors.

MOTION: A motion was made by Council Member Orton to schedule the public hearings for September 2, 2004 at 5:00 p.m. as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Bunker.

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

FINAL PLAT:
Community Development Director Bob Nicholson reported the Planning Commission, at its meeting held July 27, 2004, recommended approval of the following final plats.

This final plat is not on your agenda tonight stated Bob. It is Wailea Falls at Sunbrook. This was tabled at the last meeting because of some landscape issues. The issue is the improvements that need to occur between the cart path and to the units themselves. This hasn?t been done.

Brian McMullin is here to represent the applicant. Brian stated it is not complete. Their understanding was that they would complete between the property lines and the golf course as they completed the homes. Apparently this is not what the City wanted. So they are prepared to move forward and landscape that area and have it done within 60 to 90 days prior to any CO?s given on the houses they have under construction.

Mayor McArthur questioned if this was covering even the ones that were already constructed?

City Manager Gary Esplin stated the change made was for the new plat. Where they were designing the cart path. The old one was already done. So the problem there, which needs to be addressed, they are going to do this as the units get built even on the first phase. That will leave gaps in-between so it looks like it is not finished.

Brian McMullin said one of the other issues out there is a pile of rock. They actually moved that rock over to another project. Since then they have created another pile of rocks and they would like to move that pile of rock into a nearby hole on this project. The council did not want us to do any more grading out there but they could push this pile of rocks into the hole and mitigate the lava pile. They have not disturbed any of the black lava rock.



St. George City Council Minutes
August 5, 2004
Page Six

City Manager Gary Esplin stated that if Council added to the motion that it is their intent to complete the landscaping adjacent to the golf course prior to construction of the homes.

MOTION: A motion was made by Council Member Gardner to approve the final plat Wailea Falls Phase 2 at Stonebridge with the stipulation that the landscaping adjacent to the golf course be completed prior to construction of the homes and with authorization for the Mayor to sign.

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:
Consider a preliminary plat request for Tuscany Ridge with 100 single-family residential lots located at 360 North and 1600 West. Brent Goodwin, applicant.

Bob Nicholson stated that Tuscany Ridge is in an R-1-8 zone. The site is basically located on Sunset and behind Sunset Elementary. There is one lot that needs to be enlarged.

Mayor McArthur asked if there was a discussion when they will finish 540 North. Rick Rosenberg stated the first phase will connect up to 360 North on the bottom. They will go ahead and put the improvements in across the frontage of Phase 2 at the same time as Phase 1.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat for Tuscany Ridge with the condition on the changing of the phases

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:
Consider a preliminary plat request for Tonaquint Hills with 5 commercial lots located west of Dixie Drive at approximately 1500 South. Gail Maxwell, representative.

Bob Nicholson presented Tonaquint Hills Subdivision for 5 lots located just west of Dixie Drive and 100 South. There was a little issue that came up with the Planning Commission where the staff will have to sit down with the developer and get the location of a road in the valley and where it will tie into Dixie Drive. It will need to be resolved.

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat for Tonaquint Hills.

SECOND: The motion was seconded by Council Member Bunker.

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

HILLSIDE PERMIT:
Consider a request for a hillside development permit for a proposed roadway within the Sunbrook Planned Development. The proposed intersection is located off of Sunbrook Drive between Crystal Lakes Drive and Dixie Drive. Sun Hill Homes, applicant.

Assistant Planner Ray Snyder presented the hillside request which is located at Sunbrook Drive and Dixie Drive. The site was excavated and disturbed during the early 1990's. At that time there was a dirt road put in. The proposed road will follow along that route. The site does contain expansive soils. Three-fourths of the way up is really the subject area. Distance here is where the golf cart will go under and wind their way down.

St. George City Council Minutes
August 5, 2004
Page Seven

Mayor McArthur asked if the developer will put the cart path under or is this something the City will have to do? City Manager Gary Esplin replied staff has a discussion going on with this right now. When the golf course was built in 1989 the idea was to run the cart path along the road. No one like that idea as far as a safety standpoint issue. The developer is willing to put in some money toward the box cove and the City may have to come up with the balance.

MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit for a proposed roadway with the Sunbrook Planned Development.

SECOND: The motion was seconded by Council Member Orton.

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

HILLSIDE PERMIT:
Consider a request for a hillside development permit for a proposed multiple family residential development (Bella Terrazza at Sunbrook) located within the Sunbrook Planned Development off of Dixie Drive. Sun Hill Homes, applicant.

Assistant Planner Ray Snyder stated this item has expansive soils. The Hillside Review Board felt confident to let this item go forward.

MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit for a proposed multiple family residential development.

SECOND: The motion was seconded by Council Member Orton.

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

HILLSIDE PERMIT:
Consider a request for a hillside development permit for a proposed single-family residential development (Highlands at Green Valley) located within an R-1-10 (Single Family Residential) Zone off of Dixie Drive, south of Sunbrook. Milo McCowan, agent for applicants.

Assistant Planner Ray Snyder stated the site is on the west side of Dixie Drive adjacent to the Sunbrook Planned Development. The City master plan does show a plan to tie into Dixie. Because of the dips and valleys they felt it was a unique area. There was a great deal of discussion of retaining walls. They do want to come back and discuss that with the developer.

The Hillside Review Board recommended approval subject to the following conditions;

1. The elimination of lot 124 and modification of lot 125.
2. Finalize a landscape plan.
3. Work with City Engineering to reduce the height of the proposed retaining walls.
4. Determined the proposed road cut as aesthetically insignificant and complete a unique cut through an area of 40% slope, serving as part of the City Road Master Plan.
5. Meet the 30' setback along the ridgelines where applicable.

MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit for a proposed single family residential development.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
HILLSIDE PERMIT:
Consider a request for a hillside development permit to construct a portion of Riverside Drive from River Road to Foremaster Drive. Jerry Amundsen with Carter & Burgess Engineering, representing St. George City.
St. George City Council Minutes
August 5, 2004
Page Eight

Assistant Planner Ray Snyder stated this is a City initiated project. This is by Riverside Drive up by Foremaster. This is for an improved road in this area. The Hillside Review Board has recommend approval.

MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit to construct a portion of Riverside Drive from River Road to Foremaster Drive.

SECOND: The motion was seconded by Council Member Orton.

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

PUBLIC HEARING:
Public hearing to consider a zone change form A-1 Agriculture to R-1-10 Single Family 10,000 sq. ft. minimum lots size, on 9.5 acres located at 2750 East 2000 South. Brent Greenwood, applicant.

Community Development Director Bob Nicholson stated it was rezoned from A-1 to R-1-10 on 9.5 acres. The parcel is just west of the parcel that was just rezoned from Mobile Home Zone to R-1-10. The Planning Commission recommends approval because it meets the general plan and is adjacent to the R-1-10 zoning.

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

MOTION: A motion was made by Council Member Orton to approve a zone change. of R-1-10.

SECOND: The motion was seconded by Council Member Allen.

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

PUBLIC HEARING:
Public hearing to consider an amendment to the City?s Road Master Plan in the Southgate area by upgrading 2070 South Street from a 60' right-of-way to a 66' right-of-way, and reduce the right-of-way from 66' to 60' for the proposed street going west from Tonaquint Drive which aligns with Upper Sir Monte Drive which aligns with Upper Sir Monte Drive which extends east from Tonaquint Drive. Ed Burgess, applicant.

Community Development Director Bob Nicholson stated there are two roadways that are flip-flopping their designation plans. This is a better place to have this major collective road down in the valley where it will serve development on both sides. Planning Commission makes approval on that.

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

MOTION: A motion was made by Council Member Gardner to approve an amendment to the City?s Road Master Plan.

SECOND: The motion was seconded by Council Member Whatcott.

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

PUBLIC HEARING:
Public hearing to consider a zone change from Open Space to Planned Development Residential on 29.4 acres located at approximately 1300 West Bluegrass Way to be added to the Sun River development. Sun River Development, applicant.

Community Development Director Bob Nicholson stated this is to add 29.4 acres to the Sun River development. This is located up on a bluff. The interior roads will be private. Single detached units and private roads. It is currently owned by State Trust Lands.

St. George City Council Minutes
August 5, 2004
Page Nine

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

MOTION: A motion was made by Council Member Allen to approve the zone change from Open Space (OS) to Planned Development Residential (PD)

SECOND: The motion was seconded by Council Member Orton.

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

PUBLIC HEARING:
Public hearing to consider a request to vacate lots 2 and 19 of the Ft. Pierce Industrial Park Subdivision located at 3850 South and 1700 East. Mark Burgess, applicant.

Community Development Director Bob Nicholson presented the plat showing the layout of lots 2 and 19. Basically they are further dividing the lot. When you amend a recorded plat if you don?t receive 100% consents then there has to been a public hearing. The concept to vacate these two lots from the plat and make it with 12 lots in Lot 2. Lot 19 was tabled to come back with different size lots.

Mayor McArthur said this was developed originally for large lots. If they set this up it will take away from the larger lots and make smaller lots. Residents have concerns what kind of types of businesses will come in.

Community Development Director Bob Nicholson said there was a great deal of discussion on the size of lots in the Planning Commission. Council Member Allen said the people that where present at the Planning Commission meeting are not here tonight. Their concerns were that they had purchased large lots and put a lot of money into them and were told that the surrounding lots would remain large lots.

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

Mark Burgess stated if you look around the St. George area there is no industrial area for the small contractors. There is a huge demand to find smaller lots for the manufacturing zones.

Council Member Orton said he doesn?t see how small lots can hurt an industrial park.

Council Member Allen stated traffic was also a concern. Mark Burgess stated that is a 60' road. Council Member Gardner said the road was built to handle industrial type traffic.

Council Member Gardner stated he looks at the need and he feels the need is there for the smaller contractors. He feels the smaller contractor should be treated the same as the larger contractor. Mayor McArthur feels condensing down to smaller lots creates a larger density.

MOTION: A motion was made by Council Member Gardner to vacate Lots 2 and 19.

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:
Consider a preliminary plat request for Classic Industrial Park at Fort Pierce with 12 lots located at 3850 South and 1500 East. Mark Burgess, applicant.

Community Development Director Bob Nicholson stated the Planning Commission did recommend approval of this preliminary plat for 7.8 acres with 12 lots.

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

St. George City Council Minutes
August 5, 2004
Page Ten

SECOND: The motion was seconded by Council Member Orton.

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

PUBLIC HEARING:
Public hearing to consider amending St. George City Code, Sections 10-19-4B and 10-7C-7H and 10-8-5.D1b to delete a provision that allows a 10 foot setback to the garage from private streets in the areas of the City bounded by I-15 on the east and south, Bluff Street on the west, and the Red Hills on the north. City of St. George, applicant.

Community Development Director Bob Nicholson stated that back in 1991 the City changed the setback for private streets from 8 ft. to 18 ft. Since then they are now 20 ft. Some of the older projects in town still have the 8 ft. In October of last year when the Central City Zone was accepted that did away with the narrow setback. The only area of town that still has a 10 ft. provision on the books is Sand Town (approximately Diagonal and Bluff). The recommendation is to make the setbacks to the private garage off a private lane uniform at 20 ft. Planning Commission recommends approval.

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

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

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:
Public hearing to consider vacating the Paragon Cove Townhomes at Stone Cliff Phases 1 plat.

Community Development Director Bob Nicholson said this is a request to vacate an existing plat and replace it with a new rendering. The lot boundaries have expanded reducing the number from 23 lots to 21.

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

MOTION: A motion was made by Council Member Gardner to approve vacating the Paragon Cove Townhomes at Stone Cliff Phase 1 plat.

SECOND: The motion was seconded by Council Member Allen.

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

FINAL PLAT:
Consider a final plat approval for Paragon Cove Townhomes at Stone Cliff - Phase 1 Amended with 21 single family detached units located off of Cliff Point Drive and Colbalt Drive. Gail Maxwell, agent.

Community Development Director Bob Nicholson presented the final plat. Planning Commission and staff recommends approval.

MOTION: A motion was made by Council Member Orton to approve final plat with authorization for Mayor to sign.

SECOND: The motion was seconded by Council Member Whatcott.

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



St. George City Council Minutes
August 5, 2004
Page Eleven

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a church in an A-1 zone at 1853 North on Tuweap Drive. Oasis Community Church, applicant.

Assistant Planner Ray Snyder stated the applicant proposes to construct a 5,000 sq. ft. single story church building. The building is a pre-manufactured steel building. The applicant proposed to have a stucco system over steel panel surface. The approval is for a church only. There will be no school operations at this site. The Planning Commission recommends approval subject to the dedication of Tuweap Drive and that all utilities, infrastructure, and right-of-way requirements shall be resolved prior to issuance of a certificate of occupancy.

Council Member Orton asked when are they starting to build the church. The applicant replied they hope to pour the foundation around October.

MOTION: A motion was made by Council Member Orton to approve a conditional use permit as has been presented to us.

SECOND: The motion was seconded by Council Member Bunker.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a low volume medical office in a landmark site at 190 South 100 East. Dr. Mike Symond, applicant.

Assistant Planner Ray Snyder stated this request before you is to operate a low volume facility called ?Dr. Mike?s Natural Health? at a Historical Landmark Site. The site was approved as a landmark site at the June 17, 2004 City Council meeting. Presently there is no available parking on the site. The applicant proposes to create a drive bridge, driveway and parking area as indicated on the submitted site plan. A minimum of 3.5 parking spaces is required. Staff recommends approval with the following suggested conditions:

1. The applicant shall provide a minimum of two (2) off street parking spaces or a maximum of three(3) off street parking spaces on site.
2. The applicant shall make all reasonable attempts to preserve the existing mature tree in the vicinity of the proposed parking area.
3. The second story level shall not be used except for storage.
4. The applicant shall obtain an encroachment permit for any work performed in the public right-of-way.
5. The applicant shall have installed a curb cut to meet City standards and install a drive bridge, and driveway to accommodate the required off street parking.
6. Client volume shall not exceed forty (40) patients per month.
or
A maximum of only two patients may be scheduled for appointments at one time.
7. The applicant shall maintain the level of landscaping existing at the time of this approval.

Assistant Planner Ray Snyder stated that staff recommends approval but Planning Commission denied this request.

City Manager Gary Esplin commented that the Planning Commission staff recommendations concur. He believes this is the prime example of what the landmark ordinance and landmark effort the City has made in the downtown. He understands the residents may be concerned about traffic and other particular issues but the density of this area, with townhomes already there, on the other corner there is an office building. The uses in that particular area are transitional. The idea behind this landmark site provision is to restore these types of homes for low volume commercial type uses. He believes it has been very successful.

Dr. Mike Symond stated he is an ER physician at the hospital. He stated that the residents came out to opposed this type of use in the landmark home. The Planning Commission recommended denial. The applicant has requested to come back and appeal their decision.



St. George City Council Minutes
August 5, 2004
Page Twelve

Dr. Mike Symond stated he is an AME (Aviation Medical Examiner). Most of the CDL examines are on pilots. He is the only physician in this area that gives the Yellow fever shot. He works by appointment only. He does not do drop-ins.

Council Member Bunker asked if he would sell products there. Dr. Mike Symond stated he sells ?Grahams? vitamins, which is their brand. No one comes and buys it except for patients when they come for their appointment.

Hans Rasmusssen states he represents the opposition in the neighborhood. He states the Pickett home has been occupied by families. The neighbors where hoping that the home would be sold to a family.

Cheryl Yenser said her property backs up to this parcel. If he does not put in a driveway then there is not sufficient parking on the street. The gas and fumes and the run off could impact the environment.

Curtis Larsen lives across the street from the home. He wants to raise his family there but if it turns out that all there is, is a few townhomes and homes with Conditional Use Permits than that will not be much of a neighborhood for his children to grow up in.

Dave Watson was speaking in support of the use. He feels for the people in the neighborhood but he wants to see the homes saved. He showed a painting of the rendering of what the homes will look like. There are a lot more homes to save in this community.

Mrs. Dorothy Norton has been working on the downtown committee. This committee is to bring back families. There has been families for the last 20 years in that home. If you tell people that the historic homes could be commercial sites then families will not be coming in. There are people who want to save these homes.

Gloria Shakespeare stated the downtown committee has been laying the foundation to protect the family neighborhood. Where else in residential cities are homes allowed to be businesses. She hopes the City will listen to the people tonight.

Patricia Sheffield is a client of Dr. Mike?s. She stated that she see?s her regular doctors but there are some things that regular doctor?s do not deal with, that?s when she see?s Dr. Mike. She would encourage them to support his application.

Community Development Director Bob Nicholson stated he thinks part of the issue is scale. Small scale neighborhood enhance these neighborhoods.

Council Member Allen asked Bob Nicholson if this is the only neighborhood that can get an Conditional Use Permit in an residential area. Bob replied no, there are daycares in residential neighborhoods, church and schools. Landmark sites have a special provision where they can get limited commercial use.

Council Member Bunker said you keep talking about the integrity about this type of home. Her grandfather had a dentist business in his home about a block from this home. This was common in those days to have a doctors?s business in the home. Sometimes they need to realize that this type of use adds to the community. She visited this landmark site today and the home is actually so small she couldn?t even see herself living there.

Dr. Mike Symond stated he wanted to bring to the attention of the Council that not all neighbors are against this. It will be a positive type in the neighborhood.

MOTION: A motion was made by Council Member Orton to approve a conditional use permit with the stipulations from staff.

SECOND: The motion was seconded by Council Member Allen.

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




St. George City Council Minutes
August 5, 2004
Page Thirteen

SITE PLAN AND BUILDING ELEVATION:
Consider a request for a site plan and building elevation approval for a proposed church (LDS Chapel) located within the Hidden Valley Planned Development (Desert Hills vicinity) at Hidden Valley Drive and Desert Hills Drive. Campbell Associates, agent for applicant.

Assistant Planner Ray Snyder presented a site plan and building elevation review for a proposed church. This location was previously designated for a church site in the PD zone. There is a drainage detention area. Staff said they don?t see an issue with this.

MOTION: A motion was made by Council Member Gardner to approve a site plan and building elevation for an LDS Chapel.

SECOND: The motion was seconded by Council Member Bunker.

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

12-MONTH EXTENSION:
Consider approval of a request for a 12 month extension to complete excavation work on the west side of the Ft. Pierce Wash and south of River Road. Russell Limb, applicant.

City Manager Gary Esplin stated this is a request from Russell Limb for an extension for excavation work at his property along the Ft. Pierce Wash. He was granted a permit back in March 2003 for six months then he came back in for another 6 month extension. This is taking longer than they anticipated. At this time he would like another 12 month extension.

Mayor McArthur asked Russell Limb to come forth and explain why he needs another extension. Russell stated he would like to get this done in 3 to 6 months but he is asking for 12 months to make sure the job gets done. The job has cost more than anticipated.

MOTION: A motion was made by Council Member Gardner to approve 12-month extension.

SECOND: The motion was seconded by Council Member Whatcott.

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

JOIN WSPP:
Consider approval to join the Western System Power Pool (WSPP).

City Manager Gary Esplin stated WSPP allows us to market our power for a one time membership fee of $25,000. Phil Solomon said there are several members inside the Western System Power Pool. Anyone who is a member of the pool can do transaction without having agreement because they are actually entering into a blanket agreement under the Western System Power Pool.

Mayor McArthur asked if there were any additional costs? Phil replied no, it is just a one time fee of $25,000.

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

SECOND: The motion was seconded by Council Member Orton

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

ENVIRONMENTAL STUDY:
Consider approval of an agreement with Terry Hickman to proceed with a UDOT Environmental Study for future widening of Snow Canyon Parkway.



St. George City Council Minutes
August 5, 2004
Page Fourteen

City Manger Gary Esplin explained that there are some federal dollars that have been set aside for the widening of Snow Canyon Parkway. In order to receive the funds and qualify the City will need to do environmental studies.

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

SECOND: The motion was seconded by Council Member Orton

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

ROADWAY FRONTAGE IMPROVEMENTS:
Consider approval of an agreement with Tonaquint Inc. to include its roadway frontage improvements with the Dixie Drive Bridge contract. Gerry Brown, applicant.

City Manager Gary Esplin stated there are some improvements as part of the contract to clean up the new bridge. Normally, the City would wait for development to occur and then require the developers to do it but in this case the City would like to clean it all up.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

LEASE APPROVAL:
Consider approval of a non-commercial airport property lease with Amicorp.

Airport Manager David Ulane stated they had another sale of a hangar. It was sold to Amicorp. This is just a simple execution of a new lease.

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

SECOND: The motion was seconded by Council Member Orton.

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

LEASE APPROVAL:
Consider approval of a non-commercial airport property lease with D. Scott Baker.

David Ulane stated this is a new hangar lease for Scott Baker. This will be on the southwest corner of the airport. The lease agreements are 5 year terms.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

CITY PROPERTY:
Consider approval to use a piece of City property to build and use a controlled and safe paint ball site. Jake Sylvester and Troy Guard, applicants.

Jake Sylvester who serves on the board of directors for the Red Cliffs Paintball. Their objective here is to provide a safe environment to play paintball. Also, to keep people from trespassing on other peoples property. This organization started April 2004 and currently have 112 members. On average they have 3 people sign up each week. They are incorporated and are submitting paperwork to gain non-profit status.

There is 6 acres that is not being used and is currently owned by the City of St. George. It is surrounded by State Lands. He showed how the access to the property

St. George City Council Minutes
August 5, 2004
Page Fifteen

would work. You do not go through the treatment plant to access the parcel. This will be a netted field at 12 ft. high. All improvements that will be made will be mobile. They will not construct anything permanent.

Mayor McArthur asked how will you keep it clean? Jake replied the Board of Directors will take turns coming out and making sure that everyone is safe and as people leave make sure that they clean up after themselves.

Jake stated they need to generate money to buy insurance. The members will pay $30.00 for a year?s membership. The others that are not members will pay a $5.00 fee.

Jake said that only the Board of Directors will have control of the keys. Three of them are City employees. It will be advertised and they will start on the weekends to see how it turns out.

Jake said they want to open as soon as possible. Probably at the end of September.

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

SECOND: The motion was seconded by Council Member Allen.

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

MISCELLANEOUS DISCUSSION:
Dinosaur Park. City Manger Gary Esplin stated that at the last City Council meeting they had a brief discussion about the dinosaur facility and some possible change orders and some costs. There was concern on what was going on out there regarding the variances that have been granted and where the building will be located. He asked Kent to come back and address some of the council?s concerns.

Kent passed out a memo which gave a brief synopsis on how they got to this point. With the contributions by the state, federal government and the county, and a donation of $100,000 that brings them to $1.15 million dollars of the original $1.2 million dollars that was budgeted for the facility.

The first changed they made was in the classrooms. They were able to add additional footage to the building and eliminate the awning. The second thing they did was switch out the swamp cooler which consisted of a radiant heat system and go with air conditioning instead.

The building also had to be moved closer to the road to preserve some new findings of tracks.

When the developers made their presentation they recommended a gravel parking lot at that time. The park was using a dirt parking lot so the developer was going to come in a gravel the lot. But the park determined if they could open the facility with the same parking lot they had on a temporary basis. Then they could obtain more money in the second phase. They could complete the parking lot during that phase. The park found out from the Planning Department that they couldn?t open up their facility without a paved parking lot. So at that point the developer said they could do the parking lot for about $79,000. Our engineer estimate was about $56,000. So they told the developer that when they bid out the road improvements they would also want to bid out the parking lot to see if they could get a better price.

The original budget was 1.2 million that was expanded to a 1.3 million when they had their first change orders. Now if they add in all the additional changes that will bring them to 1.5 million. They hope to reduce that when the parking lot is bid out.

City Manger Gary Esplin said when the City started this project they were looking at putting aside $350,000 to $400,000 from the capital project fund. The question is with the changes they are talking about he doesn?t believe there is much of a way to get around this. The integrity of this site and the building itself is still intact.

Council Member Bunker inquired about the donation and if it was set aside for the capital improvements. Kent replied that it is basically $100,000 and it is to be used as they need it for their expenses.
St. George City Council Minutes
August 5, 2004
Page Sixteen

Council Member Orton questioned if they have been charging a fee. Kent said the numbers have been pretty good on the weekends. They charge $2.00 for adults. He believes that they have been receiving about $120.00 a day during the summer.

Council Member Whatcott said his concern is that this project is 50% over budget. It is a little frustrating that the City has a builder who doesn?t meet the codes. He?s not saying that the builder and the architects are not qualified. But there are quite a few things that have needed to be redone or changed because of not meeting codes.

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

DISCUSSION ITEM: NEBO/PAYSON POWER PLANT APPENDIX:
City Manager Gary Esplin stated they have one more issue to talk about this evening. This is to deal with Payson power plant. The City has been working for months trying to do an appendix to the operating agreement they could live with. The City was not satisfied with what UAMPS proposed. He said the City would like authorization to approve the appendix as written by Phil and Shawn. Gary said they don?t need a motion.

Phil stated they signed a power sales agreement about two years ago for the Payson power project. In the power sales agreement it obligates the City to have a pool appendix in place to displace the surplus. The language in this allows us to remove the pool appendix to go with other arrangements. They have forwarded this to all board members.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held July 1, 2004.

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

SECOND: The motion was seconded by Council Member Allen.

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

Consider approval of the minutes of the special City Council meeting held July 8, 2004.

MOTION: A motion was made by Council Member Allen to approve the minutes as amended.

SECOND: The motion was seconded by Council Member Baker.


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

Consider approval of the minutes of the regular City Council meeting held July 15, 2004.

MOTION: A motion was made by Council Member Whatcott to approve the minutes as amended.

SECOND: The motion was seconded by Council Member Orton.

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

Consider approval of the minutes of the City Council work meeting held July 22, 2004.
St. George City Council Minutes
August 5, 2004
Page Seventeen

MOTION: A motion was made by Council Member Whatcott to approve the minutes as amended.

SECOND: The motion was seconded by Council Member Orton.

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 Orton to adjourn to an executive session.

SECOND: The motion was seconded by Council Member Whatcott.

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


____________________________________
Linda Brooks, Deputy City Recorder