City Council Minutes

Thursday, April 1,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 1, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. He then led the pledge of allegiance to the flag. The invocation was offered by Don Polk. He recognized the empty chair to his right which was formerly occupied by the late Council Member Sharon Isom. He advised that the applications to fill the unexpired term of Council Member Isom had been distributed to members of the City Council who would review them and appoint a new Council Member at the April 8 City Council meeting.

ANNOUNCEMENT:
Leisure Services Director Kent Perkins announced that the annual St. George Art Festival would be held April 9 and 10. He distributed the new Art Festival poster and invited all to attend.

Dawn Albrecht invited the Mayor and Council to attend the 2nd Annual Cottontail Scramble at the Tonaquint Nature Center on April 5 at 6:30 p.m. She distributed a newsletter and explained that volunteers were needed to help hide eggs.

AWARD OF BID: Consider award of a blanket contract for solid waste pick-up at City facilities.

City Manager Gary Esplin advised that this item was tabled.

AWARD OF BID:
Consider award of a contract with Questar Gas for installation of an 8" main gas line extension on Skyline Drive.

Purchasing Agent Sue Swensen recommended approval of an agreement with Questar Gas for installation of an 8" gas line extension on Skyline Drive in the amount of $38,130.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the contract as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for an off-site auto sale at the Red Cliffs Mall. Stephen Wade Auto Center, applicant.

City Manager Gary Esplin explained that there have been no problems in the past associated with this event. The Red Cliffs Mall has used their allotment of events, therefore special approval is needed to hold this event.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the special event permit. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a carnival at the Red Cliffs Mall. Royal West Amusements, Inc., applicant.

City Manager Gary Esplin advised that there have been no indications from staff that there have been problems with this event in the past.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the special event permit. Mayor McArthur called for a vote, and all voted aye. The motion carried.

SCHEDULE PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 23, 2004, recommended a public hearing be scheduled for May 6, 2004 at 5:00 p.m. to consider amending St. George City Code, Title 10, Zoning Regulations, Chapter 7, Residential Zones, Article D, Mobile Home Zones, Section 10-7D-3 to allow

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April 1, 2004
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site built homes within mobile home subdivisions, and Section 10-7D-2 to establish a definition for ?site built? within the Mobile Home Zone Chapter. City of St. George, applicant.

A motion was made by Council Member Gardner and seconded by Council Member Orton to schedule the public hearing as recommended. Mayor McArthur called for a vote, and all voted aye.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval of the following final plats:

A. The Knolls at Little Valley, Phase 3. Ed Burgess, applicant.
B. Meadow Valley Estates, Phase 1. Ed Burgess, applicant.
C. Cove Creek Commercial Subdivision. Pope Engineering, agent.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the final plats and authorize the Mayor to sign them. 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 March 23, 2004, recommended approval of the preliminary plat for Hilton Gardens Subdivision with seven commercial lots located at 1670 South Convention Center Drive. Cameron Gunter, representing Ellsworth Paulsen Construction, applicant.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

LOT SPLIT:
Planner Ray Snyder advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval of a lot split for property located at 2155 South 2350 East in an A-1 zone. Elroy ?Herb? Bundy, applicant. Staff has reviewed the lot requirements and the request is in conformance. The applicant is aware of the assessment requirements due to the SID which affects the property.

City Manager Gary Esplin commented that the additional assessment would have to be paid in cash as the bond had already been issued.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the lot split. Mayor McArthur called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval of a hillside development permit to excavate a portion of a hillside behind the former Atkin Tire building located at 325 N. Bluff. Danny Vaca, Three Amigos Meat Market, applicant. The Hillside Review Board also recommended approval.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the hillside development permit as recommended by the Planning Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a pre-school for up to 12 children in an R-1-8 zone at 233 North 1160 West. Michael and Ginny Nobis, applicants.

Planner Ray Snyder advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval subject to a final inspection by the Fire Department and Planning Department. The applicant would like to use the upstairs for a playroom and would like to hold a two hour session on Tuesdays and Thursdays. One neighbor expressed opposition to the request. The applicant understands that if the hours or number of children are expanded, she would again have to appear before the City Council, or if problems arise from the preschool, the conditional use permit could be revoked. Traffic should not be a problem as most of the children attending the preschool live in the neighborhood and will be walked to school by their parents.

Ginny Nobis, applicant, explained that she is currently a Kindergarten teacher, and a parent will volunteer to help her daily with the children. The fire inspection was recently completed, and the yard has been completely fenced in.


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A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a pre-school for up to 16 children in an R-1-6 zone at 231 N. Kimette Lane. Cheryl and Ruth Carter, applicants.

Planner Ray Snyder advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval subject to an inspection by the Fire Department and Planning Department. The property is currently under development. The applicant would like to hold two two-hour sessions a day Monday through Thursday, and one session on Friday.

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ACCESS ACROSS CITY PROPERTY:
Consider a request for access across City property in the Twin Lakes area. Ronald K. Stout, applicant.

Ronald Stout, applicant, explained that access to the home he is building north of the Twin Lakes Golf Course is needed further north of the Red Rock Road intersection, and City staff suggested an access off ?Turtle Road? which requires that he cross a small portion of City property. The location is 300' north of Ruesch Machine where dirt has been pushed into the wash. This location has already been approved for a water line, but now a right-of-way is needed in order to drive through to his property.

City Manager Gary Esplin expressed concern that the City did know the width or exact future location of the road in this general area. Staff has no problem letting Mr. Stout proceed on a temporary basis, but if this access is permanently needed for Mr. Stout?s subdivision, the City should receive compensation for the right-of-way or the property should be sold.

Mr. Stout replied that the property he would like to access across is located in the wash, and any future road in this area would need to be widened and curves taken out.

Mr. Esplin stated for the record that if any useable City property is needed to access Mr. Stout?s subdivision, a land swap or sale would need to be done.

Mr. Stout replied that he would have no problem with a land swap or purchase.

Mr. Esplin stated for the record that due to safety concerns with the intersection, only one home is allowed and no more homes can be built until this issue is resolved.

A motion was made by Council Member Gardner to approve the request.

Mr. Esplin clarified that any approval would allow access to one unit at this time, and the matter would be resolved before other units could be platted and built.

City Attorney Shawn Guzman suggested a time frame be established.

City Manager Gary Esplin suggested a one year time frame.

Council Member Gardner agreed to add a one year limit to his motion, at which time the matter would be reviewed. The motion was then seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONSTRUCTION MANAGEMENT CONTRACT:
Consider approval of a construction management contract with Carter Burgess for the River Road Phase II project.

City Manager Gary Esplin explained that the standard contract is for the extension of Riverside Drive from River road to the east side of the East Black Ridge. Staff recommends approval.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Gardner commented that citizens in the area who will be affected by the 200 East connection to Skyline Drive were complimentary of staff.
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CHANGE ORDER:
Consider approval of a change order to the Dixie Drive bridge construction management contract.

City Manager Gary Esplin explained that the change order is really an extension of the contract because of changes made to the bridge.

Public Works Director Larry Bulloch advised that the change order is for engineering work related to widening the bridge.

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the change order. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPOINTMENTS:
Appointments to boards and commissions.

Mayor McArthur recommended the following appointments to the newly created Dinosaur Track Site Advisory Board:

Darcy Stewart - one year
Gary Watts - two years
Lyman Hafen - two years
Future City Council Member - one year
Marshall Topham - two years

A motion was made by Council Member Allen and seconded by Council Member Whatcott to make the appointments as recommended by Mayor McArthur. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held March 4, 2004.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as presented. 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 March 11, 2004.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS:
Council Member Gardner advised that he has been asked if the City would spray the caterpillar nests in the trees around Brooks Pond.

City Manager Gary Esplin replied that he would check into it.

REPORT FROM FIRE DEPARTMENT:
Fire Chief Robert Stoker advised that the Department has been doing a lot of work on the Regional Hazmat Team. The Department has received equipment from the grant awarded last year.

REPORT FROM POLICE DEPARTMENT:
Police Chief Marlon Stratton explained that Spring Break begins next week and the police will be on the streets in full force. The only help received this year will be from the Utah Highway Patrol.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider an amendment to the Sunbrook Planned Development zone to add six acres to the project, modify density and unit types in various areas, and include a bed and breakfast or 14 unit condominium building near the Sunbrook Golf Course Clubhouse. Sunbrook Communities, LC, applicant.

Associate Planner Mark Bradley explained that the proposed change will increase the Sunbrook PD area to 571 acres, with a net density of 3.75 units per acre, excluding the golf course. The Planning Commission recommended approval with two conditions: (1) the .83 acre site on Dixie Drive be changed from Commercial to Professional Office, and (2) either the bed and breakfast inn or the 14 unit condo is acceptable for the site next to the golf course clubhouse. With regard to parking, there is a recorded agreement for parking and cross-access but it does not address this type of use.

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Rick Rosenberg, representing the applicant, explained that a ten-plex of condo units with an Italian villa concept is proposed, with underground parking. 11 buildings are proposed for the site and the biggest change in density will be from this product. All access will be off Dolche Vista Drive. A traffic impact study was done for Sunbrook, as well as a traffic model produced as part of the zone change request. It recommended additional turning lanes to be built as time goes on and traffic increases. These turning lanes have been incorporated into the new plan. He explained that he met with Kent Perkins and the BLM about converting some hillside into a four acre park. This is a new add-on to the project site in order to have some permanent open space , and the rest of the six acres will be developed in low density residential, similar to the French Quarter. The most controversial issue has been the bed and breakfast site, and current management favors the 14 unit condo project as a better use. It is proposed to expand the parking lot and work with the City to pick up an additional 66 parking stalls. This would meet Sunbrook?s parking requirements and expand the stalls the City can use for tournaments and high use periods. The plan at present is conceptual. Meetings were held with the Sunbrook Homeowners Association and Crystal Lakes Homeowners Association, and Crystal Lakes expressed concern about the box canyon wash which flows through the project and comes near the Crystal Lakes entrance and downstream which has become clogged with vegetation and debris. Sunbrook has agreed to clean the wash within allowable limits of the State and Federal permitting process. All storm drainage off the hillside is being collected and added to the wash, but this should not impact Crystal Lakes. Some of the medium density area in hillside crevices will be hard to design, and the density asked for is a pleasant target, but will be difficult to achieve. Designated parking for the condos will be worked out separately.

City Manager Gary Esplin commented that Sunbrook has been an excellent partner and improvements made on Number One of the Point have been a positive benefit to the City. Staff feels comfortable trying to work out continued use of shared parking. There has always been a problem with Number Two on the Point with sloughing-off of the soil, and whatever Sunbrook does will benefit the golf course by cleaning up the area, but it must be done with due consideration of the soil condition. Mr. Esplin advised that the area for potential golf course expansion should be protected, and the map presented does not indicate this expansion.

Mr. Rosenberg replied that Sunbrook is interested in pursuing this option if a method can be devised to compensate for the loss of developable land, and Sunbrook is more than willing to continue negotiations toward this end. Sunbrook is also aware of the expansive soils problems and everything in this area is built on piers. A great deal of geo tech work has been done for the project.

Mayor McArthur opened the public hearing.

Paul Carter, President of the Crystal Lakes Homeowners Association, and also representing River?s Edge, expressed concern with the wash. He inquired who would maintain the wash after it was cleared of vegetation. He inquired when the Dixie Drive bridge would be widened. He then distributed pictures of the wash.

City Manager Gary Esplin replied that the City would maintain the wash after it was cleared.

Public Works Director Larry Bulloch advised that the widening of the Dixie Drive bridge is one of the projects identified in the metropolitan planning process, and engineering for this project is about three years out.

Bill Hammons, CEO of Sunbrook Communities, expressed appreciation to the Mayor and City Council and pledged his continued willingness to cooperate.

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

A motion was made by Council Member Orton to approve the request by ordinance.

City Manager Gary Esplin advised that the applicant will have to come back with the parking plan, and any approval is for the concept only.

Council Member Allen seconded the motion to approve the request by ordinance.

It was clarified that the motion to approve was subject to the recommendations of the Planning Commission. Mayor McArthur called for a roll call vote, as follows:

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


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April 1, 2004
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The vote was unanimous and the motion carried.

Mr. Rosenberg advised that cleaning of the wash should begin within 60 days, and he will try to have it completed by July 24.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to R-1-10 Single Family Residential on 2.98 acres located at 2000 North and Tuweap Drive. Leo Bringhurst, applicant.

Associate Planner Mark Bradley explained that the applicant would have to complete his portion of Tuweap Drive. The Planning Commission recommended approval.

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

Council Member Orton stated that he was not aware of the zone change and he owns property in the vicinity.

Mr. Bradley explained that public notices were sent to property owners within 500 feet of the subject property and no opposition to the request has been received.

After discussion of the affect the change in use the proposed zone change would have
on the area, a motion to table the request until the meeting of April 15 was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND PD/ORDINANCE:
Public hearing to consider an amendment to the Walmart Planned Development Commercial zone for an Arby?s fast food restaurant and a 4,000 sq. ft. retail building on Pad #4 located at 2610 S. Pioneer Rd. Woodbury Corp., applicant.

Associate Planner Mark Bradley explained that the Planning Commission was concerned with the colors of the building and recommended that earth tones be used, including replacing the red awnings with rust awnings. They recommend that the red on the sign be allowed to remain. With regard to the retail building, the applicant has agreed to dress up the rear of the building.

Council Member Whatcott commented that the rear facade of the building which faces Pioneer Road and the I-15 freeway was not acceptable.

Mr. Bradley explained that the applicant has agreed to install false windows and columns to dress up the rear facade. The sign used will be a monument-type sign.

Mayor McArthur opened the public hearing.

Greg Glissmeyer with Woodbury Corp. explained that there are currently no tenants for the retail building, and it may or may not be built immediately. He stated he was in agreement with most of the requirements and is prepared to spice up the rear of the retail building with columns, popouts, two tone colors and stucco. The Arby?s corporate office agrees to not use red in the coping or windows, but would like to keep the red awnings. Red has already been introduced in the Walmart signs. The stucco color will be the same as the Arby?s on Bluff Street.

Council Member Orton inquired if Arby?s had ever before been required to change their colors.

Ken Foote, representing Arby?s, commented he was more than happy to give up all the red on the building except the red signage and red awnings.

Mr. Glissmeyer commented that he was in favor of making the back of the retail building look more like the front, and the roofs of the buildings will be painted if they can be seen from the freeway.

City Manager Gary Esplin commented that the City Council could approve the Arby?s building, and postpone approval of the retail building until there are tenants.

Council Member Whatcott commented that while he was not offended by the red on the Arby?s buildling, he thought the rust would look better. He did, however, have a concern about the back of the retail building and as presented is not acceptable. He then made a motion to approve the request subject to the recommendations of the Planning Commission with the exception that Arby?s red awnings and sign can remain, and with the changes to the back of the retail building agreed to by Mr. Lismyer. The motion was seconded by Council Member Orton.

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April 1, 2004
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City Manager Gary Esplin clarified that the motion included the stipulation that the back of the retail building had to look like the front of the building. Staff will report back to the City Council if this is not the case.

City Attorney Shawn Guzman inquired about the roof color. He advised that any requirement for the color of the roof should be included in the motion.

Council Member Whatcott clarified that a requirement that the inside of the roofs be painted with a compatible color as approved by City staff is included in his motion.

Mr. Foote commented he wanted to do what was in the best interests of the City.

City Attorney Shawn Guzman commented that staff can determine whether or not the inside of the roofs should be painted.

Mr. Foote agreed with this recommendation.

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

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

The vote was unanimous and the motion carried.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss personnel issues was made by Council Member Whatcott and seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.
RECONVENE:
A motion to reconvene was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

DISCUSSION RE DIXIE DRIVE BRIDGE:
City Manager Gary Esplin explained that improvements on the south side of the bridge in front of the Tonaquint Park and Cemetery need to be done to tie in with the Kay Traveller project. The contract approved with Interstate for widening of the bridge will take longer if the City has them do these improvements too. It would seem logical to try and get it all done at once, and he suggested asking Interstate if they can do both projects at once so that opening of the bridge will not have to be delayed.

Public Works Director Larry Bulloch advised that a higher price will have to be paid if the City wants Interstate to hold to the original time frame, but if an extension is made a better price can be had.

City Manager Gary Esplin inquired if Interstate could be asked to open the bridge while it was working on the new portion of the project.

Mr. Bulloch replied that it could be done, but it would cost more money.

Mr. Esplin stated that the matter would be scheduled on the next agenda.

DISCUSSION RE BLOOMINGTON TRAFFIC:
Council Member Orton advised that traffic to Bloomington is backing up on the freeway every night. A brief discussion was held concerning possible solutions.

DISCUSSION RE EMPLOYEE COMPENSATION:
City Manager Gary Esplin explained he is considering recommending that market adjustments not be given this year due to less revenues than projected. Insurance costs have increased by 12% this year, and a decision must be made whether or not to pick up this additional cost or have the employees pick up the cost.




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April 1, 2004
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The meeting then adjourned.



_________________________________
Gay Cragun, City Recorder