City Council Minutes

Thursday, April 15,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 15, 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 Larry Gardner
Council Member Gail Bunker
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. The invocation was offered by Pastor Marc Trujillo of the Oasis Community Church. Mayor McArthur commended the Police Department for
the admirable way in which they handled Spring Break.

Mayor McArthur presented plaques to City employees Tyler Cowan, Aaron Townsend, Nathan Neilson, Troy Newby and Cary Shurtz in appreciation for their dedicated service to their community and country during the war with Iraq.

TABLE ITEMS:
Mayor McArthur announced that Item 2G to consider award of a blanket contract for solid waste pick-up at City facilities, and Item6G to appoint a Mayor Pro Tem would be tabled from the agenda.

Mayor McArthur introduced new City Council Member Gail Bunker, who said the experience has been overwhelming and she was grateful for the opportunity to serve.

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

City Manager Gary Esplin commented that the City is in good financial shape at this point in the fiscal year.

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

AWARD OF BID
Consider award of bid for the River Road Phase II project.

Purchasing Agent Sue Swensen presented four bids received:

Wadsworth Const. $3,735,839.50
Interstate Rock $3,320,612.50
Adams & Smith $3,827,117.47
Meadow Valley Const. $3,897,910.59

She recommended award of the bid to the low bidder, Interstate Rock Products, in the amount of $3,320,612.50, including alternates for landscaping and fencing in the total amount of $3,347,287.50.

Public Works Director Larry Bulloch stated that the goal is to complete the project by the end of the year if everything goes perfectly. The project will include another bridge to carry traffic each direction.

Council Member Allen inquired if the contractor would be able to finish on schedule since he is also the contractor on the Dixie Drive bridge.

Mr. Bulloch replied that the contractor has more work than he can do, but will do his best to finish on schedule.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the award of bid to Interstate Rock in the total amount of $3,347,287.50. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Centennial Park landscape project.

Purchasing Agent Sue Swensen presented two bids received:

St. George City Council Minutes
April 15, 2004
Page Two

Raintree Landscaping $45,967
Sunset Pools $35,800

She recommended award of the bid to the low bidder, Sunset Pools, in the amount of $35,800.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, Sunset Pools, in the amount of $35,800. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Parks Superintendent Lynne Scott explained that the ballfields will be upgraded, and City staff is now in the process of renovating the turf to the best shape of its life.

AWARD OF BID:
Consider award of bid for the 2004 road reconstruction project.

Purchasing Agent Sue Swensen explained that bid requests were sent to five contractors, but only two bids were received. Staff has reviewed the bids and, after receipt of a protest, recommends that all bids be rejected and the project rebid.
The protest pertained to the type of oil bid.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to reject all bids. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a rough mower for the Dixie Red Hills Golf Course.

Purchasing Agent Sue Swensen presented four bids received:

Nucrane Machinery $40,560
Crossroads Equipment No bid
Turf Equipment $38,515
Rocky Mountain Turf $37,399

Turf Equipment qualifies for the local preference exception in the City Code, and has agreed to meet the low bid. Staff recommends award of the bid to Turf Equipment in the amount of $37,399.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Turf Equipment in the amount of $37,399. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained this item is not included in the current budget, but will be included in next year?s budget. An emergency necessitated the purchase of this item during the current fiscal year.

AWARD OF BID:
Consider award of a blanket purchase order for LMCRS-2H chip seal oil with spreader, truck rental, and delivery.

Purchasing Agent Sue Swensen presented three bids received:

Paramount Petroleum $76,378
Ergon Asphalt $68,415
Koch Performance Asphalt $71,329

She recommended award of the bid to the low bidder, Ergon Asphalt, in the amount of $68,415. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for two Toro Groundsmaster 3500-D Sidewinder mowers.

Purchasing Agent Sue Swensen recommended purchase of the two mowers from Turf Equipment, the manufacturer?s representative for the State of Utah, in the amount of $50,960.

Golf Superintendent Jerome Jones explained that the Sidewinder mower decks slide right and left, allowing the cutter to get in tight areas, and Toro makes the only mower of this kind. 20% of the City?s mowers have over 5,000 hours.



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April 15, 2004
Page Three

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve purchase of two mowers from Turf Equipment in the amount of $50,960. Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

This item was tabled.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

ORDINANCE VACATING PLAT:
Consider approval of an ordinance vacating the Lincoln Townhome plat with three units at 34 West 300 South. Curt Cramer, applicant.

Community Development Director Bob Nicholson explained that the Planning Commission recommended denial, feeling that the current plat was in harmony with what the City was trying to do in the downtown by promoting ownership of units.
The landlord did not offer any objections at the Planning Commission meeting.

City Manager Gary Esplin stated that the City would normally vacate a plat if it was a new project, however, three units currently exist, and they are single family, individually-owned units and in keeping with the conservation zone.

A motion to deny the request was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried. The request was denied.

STAGE ONE CONSERVATION PLAN:
Consider approval to enter into Stage One of the Conservation/Drought Management Plan.

Conservation Coordinator Ren? Fleming requested that the City enter into Stage One of the Drought Management/Conservation Plan. Water demand has been significantly higher than last year at this time. Usage is now between 20-20 million gallons a day, and last year at this time usage was between 15-18 million gallons a day. Stage One consists of voluntary conservation, with suggested watering times between 8:00 p.m. and 8:00 a.m. The temperature has been higher this year, and while the reservoir levels are better than last year, they are still not where they should be. The State advises that this is the 6th year of a drought.

Council Member Gardner expressed concern that if usage were cut back the City may not be able to meet its cash flow need, and the City should not over-react too soon on conservation.

Ms. Fleming replied that conservation rates went into effect April 1, and this should help with the revenue issue.

Council Member Whatcott commented that he thought last year the Council discussed prohibiting daytime watering in Stage One, rather than having it be a recommendation only. He stated that beginning April 1 of each year, daytime watering should be prohibited so that this practice becomes ingrained in the public, rather than having to force them to do it.

Ms. Fleming replied that the City should take the lead in any mandatory restriction, and at this time the Parks Department has not finished laying new sod, and it could not abide by its own watering restrictions.

Council Member Whatcott explained that sometimes the City must water during daytime hours because it uses irrigation water shares to water many of the City facilities, and the turns are scheduled throughout a 24 hour period. Additionally, the water the City uses to water its facilities is usually irrigation-quality water.

Council Member Gardner stated the City Council purposely stayed away from any mandatory restrictions in Stage One, with restrictions as the need was justified.


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April 15, 2004
Page Four

A motion to enter into Stage One of the Conservation Plan was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with French and Associates to continue design and construction management of The Fields.

Leisure Services Director Kent Perkins explained that the project has been refined from the original plan to build the whole complex at once. It has now been determined to start small by first building the neighborhood park, then the softball complex. As soon as the contract is signed construction documents and drawings and bid work will begin.

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

Mr. Perkins advised that the agreement with the School District provides that the City be finished moving from the other site by December, 2005, although the goal is to move sooner.

REPORT ON ARTS FESTIVAL:

Leisure Services Director Kent Perkins reported that the vendors felt good about the Arts Festival and the expanded lay-out worked well.

Mayor McArthur commented he heard nothing but good comments about the Arts Festival.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held April 13, 2004, recommended that public hearings be scheduled for May 6, 2004 at 5:00 p.m. to consider the following items:

A. A zone change from r-1-10 to PD Residential on 16.29 acres located at approximately 2200 North Tuweap Drive. Richard Lewis/Kent Mitchell are the applicants.

B. Amend the existing Dixie Downs Retirement Community PD for a new PD Residential and Commercial zone consisting of 99 single family detached homes and office/retail space on 30.26 acres located at Dixie Downs Road and Snow Canyon Parkway. S&S Homes/State Trust Lands Admin., applicants.

C. Amend the existing Stonebridge PD zone to include an additional 2.133 acres of property recently annexed into the City to be part of the Wailea Falls Community at Stonebridge. Richard Staple representing Stonebridge Development, applicant.

D. A zone change from R-1-10 to R-1-6 with a restriction to meet the R-1-8 standards with the exception of allowing a 20 foot front yard setback and a 15 foot rear yard setback on 11.893 acres located at 250 N. Valley View Drive. NHB Development, applicant.

A motion was made by Council Member Orton and seconded by Council Member Allen to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 13, 2004, recommended approval of the following final plats:

A. Stone Gate at Seven Hills Phase 3
B. Las Lomas Subdivision
C. Woodbridge Townhomes Phase 4
D. Woodbridge Townhomes Phase 5
E. Woodbridge Townhomes Phase 6
F. Olive Grove Subdivision Phase 1
G. Grand Vista Cove
H. Hilton Gardens Subdivision, subject to final review by City staff
I. The Springs Estates Phase 7, subject to title report corrections
J. The Springs Estates Phase 8, subject to title report corrections


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April 15, 2004
Page Five

K. Desert Sands at Painted Desert Phase 3, subject to final review by City staff
L. Dias Subdivision Amended

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plats subject to the recommendations of the Planning Commission, and authorize the Mayor to sign the final plats. 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 April 13, 2004, recommended approval of the preliminary plat for Crimson Cliffs Phase 3. In order for the master road plan to work within the project, it is recommended that the 60' public right-of-way be reduced to a 50' public right-of-way. 2350 East Street is a 50' right-of-way. The City Engineering Department has reviewed the proposal and recommends that the tapering take place at the phase line.

A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the preliminary plat with a 50' right-of-way. 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 April 13, 2004, recommended approval of the preliminary plat for Dolce Vista at Sunbrook Phase 1 subject to the applicant preparing a mitigation plan, a golf hazard note on the final plat, and completion of the public right-of-way to access the development from Sunbrook Drive prior to issuance of a certificate of occupancy.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the preliminary plat. 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 April 13, 2004, recommended approval of the preliminary plat for Sun River at St. George Phase 11.

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

INTRODUCTION OF SCOUT:
Mayor McArthur invited a Scout in the audience to introduce himself.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to R-1-12 Single Family Residential on 1.67 acres located at 2580 East and 1300 South. Rob Dias, applicant.

Community Development Director Bob Nicholson explained that the subject property is near the Washington Fields area and is surrounded on three sides by R-1-12 zoning. The request is consistent with the zoning and Master Plan. The Planning Commission recommended approval.

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

A motion was made by Council Member Gardner and seconded by Council Member Bunker to approve the zone change by ordinance. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.




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April 15, 2004
Page Six

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family
Residential to Planned Development Commercial for an automobile sales dealership on 4.95 acres located at the southwest corner of 1700 South and Black Ridge Drive intersection. Gerry Brown and Menlove Auto Dealership, applicants.

Community Development Director Bob Nicholson explained that the project site has frontage on Black Ridge Drive. The Hillside Review Board has reviewed the request three times and recommends approval of the revised plan. The property is largely on a bench on the hills. The Planning Commission recommended approval, with a deceleration lane off Black Ridge Drive into the site. A majority of the needed cutting of the hillside will be conjunction with the road.

Gerry Brown, applicant, explained that he worked closely with the Hillside Review board to try and mitigate concerns.

Travis Nesbitt, project architect, presented slides of the site, concept, building plan, and site plan. The lighting of the site will not be typical of a dealership. Zero cut-off fixtures will be used and lighting will be more accurate on the areas needed and not flood the roadway. The building will be the brightest object and elements inside the building will be the focus. This will allow a glow at night as opposed to an overpowering display of lights.

Mayor McArthur inquired about the dealership sign, and commented that the City did not want a neon sign.

Mr. Nesbitt replied that the sign would not be neon, and the sign will be placed in a nice way on the building. The sign will be something fitting with the site and more subtle.

Council Member Bunker expressed concern about lighting from the back of the building which would be visible from the Southgate area.

Mr. Nesbitt replied that some lighting may be visible from Southgate, but the building sits far enough around the corner on the Black Ridge that it should not be a problem. There will not be a lot of light pollution outside of the property lines of the site.

Council Member Bunker inquired about security.

Mr. Nesbitt replied that retaining walls created from boulders on the site would be used. He explained that the building sits 35' above the road on a terrace and sits quite far back.

Gerry Brown explained that when completed, the building will not extend much higher than the new motel across the street, and it will sit far enough back on the property that it will hardly be seen.

Council Member Allen inquired how far back from the terrace edge the cars would sit.

An unidentified man representing Menlove Auto explained that the cars will be tilted so that from the roadway passers-by will not see just a lot of bumpers. There will be a lot of landscaping and rocks tiering up to the building. The building tiers down so that the showrooms are lower than the service facility, which sits behind, and the building will look half the size that it actually is.

Council Member Bunker commented that the shelf on which the project will sit can be seen from the freeway, Southgate, the Dixie Center, and Bluff Street. While it may be ideal for a dealership and she appreciated the approach the applicants were taking, she was concerned about the use of search lights for grand opening and special events, and use of large purple dinosaur balloons. This area is a focal point in the City and is very visible to those entering the City.

Mr. Nesbitt replied that no purple dinosaurs would be used.

An unidentified man representing the car dealership explained that the architecture and design of the project will invite people to the site, instead of having to do crazy things to get them to look. The site can be seen from the freeway, but blending in the building with the hillside and use of landscaping and rocks will invite people to the site. He stated he was not planning on using searchlights because the site is located close to the airport. He explained that he will probably do some fun things for the grand opening and try to have a carnival atmosphere, but this would not be permanent.

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April 15, 2004
Page Seven

Mayor McArthur inquired about the color of the building.

Mr. Nesbitt replied that he is working with natural materials to resolve the color of the building. The site is made up of a number of different colors including gray, sage, green, orange, red, and yellow, but he is leaning toward an earth tone pallette with tans and darker muted colors, and the slide of the building is close to what the final product will be.

Mayor McArthur opened the public hearing.

Steve Foisy, a resident of Southgate, expressed concern about the lighting. He stated that residents of Southgate could already see lighting from the back side of the Ford building, and to those who live on the hill, lighting is a big deal.

Mr. Nesbitt replied that with the zero cut-off fixtures, the optics are such that light is confined to a horizontal line which comes out of the top of the fixture. The fixtures will be turned to face Black Ridge Drive and will be more intense on the display area than on the south side of the building or service area. The idea is to turn the lights toward each other and focus the lights on the site and not into the air or beyond the property line. Any neon lights used would be on a temporary basis.

Council Member Allen expressed concern with the reflectivity of the glass proposed for the building.

Ms. Nesbitt replied that due to the orientation of the building, a majority of the glass is on the north side of the building. The type of glass has not yet been resolved, but glass which allows passers-by to see into the dealership is desired. The building is set up high, which should help mitigate this problem also.

Louise Callium from Desert Images commented that she has to block the light from the back of the Mega Pro building in order to sleep, and if the building is turned north, the lights will shine into Southgate. She commented that bright lights take away from the joy of the neighborhood.

Mr. Nesbitt replied that the main focus of the lights will be straight down.

Council Member Whatcott commented that the lights in the back of the service area will put out a great deal of light as they are not directional and will face south.

Mr. Nesbitt replied that the building orientation is much different than originally shown, and lights on the back side of the building will be reduced as much as possible yet still provide safety. He stated he would take special note to make sure the lights did not shine across the road.

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

A motion to approve the zone change by ordinance with the stipulation that the lighting be taken care of was made by Council Member Whatcott. The motion was seconded by Council Member Gardner.

City Manager Gary Esplin commented that the project will be monitored by staff, and must be built as shown at the meeting. If deviations are made from what has been presented, the project must come back before the City Council. Staff will do the best it can to judge what has been suggested - that there is no light pollution, no beacons, and if there is light pollution from what has been proposed and a problem is created, the project will be brought back to the City Council. However, it cannot be guaranteed that everyone will be happy.

Community Development Director Bob Nicholson read a section from the City Code which stipulates that hooded light sources must be directed downward and away from residential property.

Council Member Gardner commented that because the project is located on a hill, there will be some issues and they cannot all be avoided. It would be unrealistic to think the project will not be visible or without lighting, and the applicants have gone a long way to mitigate these concerns.

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

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


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April 15, 2004
Page Eight

Council Member Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT:
A motion to approve a hillside development permit for the Menlove Auto Dealership project, subject to the recommendations of the Hillside Review Board and Planning Commission, including coloring the rock, was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

ZONE CHANGE/ORDINANCE:
Consider approval of an ordinance changing the zone from A-1 to R-1-10 on 2.98 acres at 2000 North and Tuweap Drive. Leo Bringhurst, applicant.

City Manager Gary Esplin commented that a public hearing concerning this item was held and closed at the last meeting.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the zone change by ordinance. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Assistant Planner Ray Snyder explained that the Hillside Review Board and Planning Commission recommended approval of a hillside development permit for the proposed Marriott Hotel located at 100 South and 1470 East. He showed a slide of the area, and advised that the entire cut would be covered.

Ed Burgess, applicant, advised that he would begin construction as soon as possible.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the hillside development permit, noting that the cut would be covered and the stacked retaining wall would be stained black as soon as it is completed. 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 17 foot high detached garage adjacent to an existing home in an R-1-10 zone at 1733 Cottam Court. Russell Miller, applicant.

Assistant Planner Ray Snyder explained that staff and the Planning Commission recommend approval. Neighbors within 300' were notified of the request, and no responses had been received.

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

SHARED PARKING ARRANGEMENT:
Consider approval of a shared parking arrangement for the Zion Factory Stores.

Community Development Director Bob Nicholson explained that if the square footage of the retail and restaurant space is added, there is not enough parking. However, there is a provision in the City Code which allows a shared parking arrangement where peak hours vary. The applicant has been asked to provide information or evidence that there is enough parking based on the type of tenants. They are requesting permission to build a new pad north of Carl?s Jr. for a 3,900 sq. ft. building to house a Starbucks and JJ Hunan Restaurant. He explained that staff gets involved in a number of parking disputes, but they are usually between different owners. If there turns out to be a shortage of parking at the Zion Factory Stores, they are the only owners and would be hurting themselves. The Ramada Inn has sent a letter in support of the request and approving a shared parking agreement, and the applicant has a cross-access agreement with Carl?s Jr., even though they do

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April 15, 2004
Page Nine

not have any parking spaces to give up. The Planning Commission recommends approval. Part of the proposal will include the closing of the first entrance into the Factory Stores on Red Cliffs Drive on the east side of the street.

Yehuda Netanel, applicant, explained that he has been monitoring the parking situation for the last 14 years, and used data from the past five years to create a data base. It is important that the property be managed properly and efficiently and he is always striving to improve the project. It is evident that Red Cliffs Drive needs improvement on both sides and he is now in the process of augmenting the retaining wall and the way cars park near Hollywood Video to improve the curve. In addition, the first entrance to the Factory Stores is a problem and it will have to be closed.
Most tour operators want a Starbucks in the morning and chinese food for lunch.

Rene Daniels, representing the Zion Factory Stores, advised that more than 60% of the visitors on tour buses are Asian, and 60% of the business at the Zion Factory Stores is from the freeway. She distributed pictures of the parking lot at various times throughout the day. She explained that Starbucks? peak use is 6:00 - 11:00 a.m., while the Results Fitness Center has most of its business before 10:00 a.m., at which time none of the retail businesses are open. Adding Starbucks to the center is crucial to sales of other tenants, and the center is 97% occupied at this time. Starbucks and JJ Hunan will increase tour bus numbers, and the net loss of parking spaces will only be 16 spaces. At the Promenade a hard median will be installed by Staples to make it impossible to turn left on to Red Cliffs Drive.

Council Member Orton inquired of staff if the request complied with the City Code.

Community Development Director Bob Nicholson replied that the request was in compliance with the City Code as the peak use varies.

City Attorney Shawn Guzman advised that Sec. 10-19-9 of the City Code is interpreted to pertain to separate property owners, and this request pertains to the same property owner. There is a question with regard to the shared parking agreement with Ramada Inn and whether or not to count some of those parking spaces.

Rene Daniels commented that the Deputy City Attorney advised it was more important to use Sec. 10-19-5 of the City Code, which was used by the Planning Commission to approve the request.

City Attorney Shawn Guzman advised that the City Council has the right to look at the situation and make a call on whether the shared parking arrangement will work or not, and the ordinance provides flexibility. It appears the requests meets all criteria under Sec. 10-19-5, but the City Council can set optional criteria if the situation warrants it. Section 10-19-5 also allows flexibility so that the City Council can look at each individual location in making a determination.

Yehuda Netanel explained that in looking at Sec. 10-19-5 and taking into consideration the development use and location, the request makes sense due to the diverse nature of the tenants in the south end of the shopping center and those who would be most impacted. There are 544 parking spaces available in the shopping center, and the Planning Commission felt this was adequate for the entire plan.

City Manager Gary Esplin explained that by making employees park behind the shopping center, the number of available stalls in the front of the shopping center would be increased. By interpretation of Sec. 10-19-9, the applicant is 41 parking spaces short of the required amount. He commented that the proposal makes a good addition to the tax base, and the request is not significant when looking at timing and existing uses, at least with the existing tenants. This may change if the tenant base changes.

Rene Daniels replied that the City would have control of future uses because of the parking requirements, and any additional requests for restaurants would be denied.

City Manager Gary Esplin stated that there could not be any additional restaurants in the Zion Factory Stores without a showing that there was enough parking.

Council Member Gardner commented that employees should be required to park behind the shopping center.

Rene Daniels said that this could be enforced, but has not been up to this point because there was no reason to.


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April 15, 2004
Page Ten

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

SUN TRAN FREE DAY:
Consider approval of a SunTran free ride day and a summer youth pass.

A motion to approve a Free Sun Tran day and a summer youth pass was made by Council Member Gardner and seconded by Council Member Bunker.

Mayor McArthur announced that May 22 would be Free Ride Day on Sun Tran. He then called for a vote, and all voted aye. The motion carried.

APPOINT MAYOR PRO TEM:
Appointment of Mayor Pro Tem.

This item was tabled.

APPOINTMENTS:
Mayor McArthur advised City Council Members that he needed suggestions for appointments to boards and commission.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held March 25, 2004.

A motion to approve the minutes as presented was made by Council Member Orton and seconded by Council Member Gardner. 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 April 1, 2004.

A motion was made by Council Member Gardner 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.

DEBRIS FREE DIXIE:
Mayor McArthur announced that Saturday, April 24 was Debris Free Dixie Day.

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

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
A motion to reconvene and adjourn 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. The meeting adjourned



_______________________________
Gay Cragun, City Recorder