City Council Minutes

Thursday, May 6,2004



City of St. George Council Meeting
Regular Meeting
May 6, 2004, 4:00 P.M.
City Council Chambers

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

Opening:
Mayor McArthur called the meeting to order. The Pledge of Allegiance was led by City Manager Esplin. Pastor Mark Gearing offered the invocation. Mayor McArthur recognized City employee Eric Kinsman for his service in Iraq. He read a proclamation declaring May 29, 2004 as World War II (WW II) recognition day.

Lee Warren, a Pearl Harbor survivor spoke to thank the Mayor for declaring May 29, 2004 as WW II recognition day.

Retired Naval Commander Wade Dovecote who is a veteran of WWII and Korea and worked through the Vietnam War spoke in appreciation of the recognition of WWII veterans.

Retired Air Force Colonel Rivers spoke concerning his combat service in WWII, Korean and Vietnam War and in support of the Countries troops. He expressed disappointment with the media for letting us down and headlining one death when so many died in WWII. He served 32 years in the service.

Lee Layer from the Letter Carriers spoke regarding the Letter Carrier food drive on Saturday May 8, 2004.

Mayor McArthur read a proclamation declaring May 2004 as Foster Care Month.

Debbie Hofines indicated there are 150 purple ribbons tied to the Bluff Park representing the number of children in Washington County in foster care.

Consider award of bid for block work, labor only
Purchasing Agent Swensen indicated two bids were received; staff recommendation is to set up contracts with both, in the amount not to exceed $50,000 for the year, using the lowest priced contractor first

Motion and vote:
Council Member Orton made a motion to approve the award of the bid to both A Wrightway Builder and L & V Masonry using the least expensive vendor first, not to exceed $50,000 combined costs. Council Member Whatcott seconded the motion. Mayor McArthur called for a vote; all voted aye, motion carried unanimously.

Consider award for bid for SCADA supplies and repairs
Purchasing Agent Swensen indicated this is a sole source purchase for parts and equipment for the SCADA system. The recommendation is to award the contract to Lectrol Inc. in the amount not to exceed $60,000 in a year.





St. George City Council Minutes
May 6, 2004
Page Two

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Orton to award the bid for SCADA supplies and repairs to Lectrol Inc. Mayor McArthur called for a vote, all voted aye, motion carried unanimously.

Council Member Gardner asked concerning the initial cost of the SCADA system.

Energy Services Director Solomon indicated the total investment in the SCADA system is $1.5 million. The estimated cost for supplies and repairs is based on historical spending.

Consider award of bid for the 2004 road reconstruction project
Purchasing Agent Swensen indicated five contractors picked up the plans but only two submitted bids. The recommendation is to award the bid to the low bidder A-T Asphalt in the amount of $617,952.59.

Council Member Orton asked if the bid amount is within the engineers estimate.

Purchasing Agent Swensen indicated the engineer estimate was $610,000.

Council Member Gardner asked which roads will be done.

Public Works Director Bullock indicated one project is the reconstruction of 200 East.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Bunker to award the bid A-T Asphalt in the amount of $617,952.59. Mayor McArthur called for a vote; all voted aye, motion carried unanimously.

Consider award of bid for the 2004 slurry seal project
Purchasing Agent Swensen indicated five bids were received and recommended the bid be awarded to the low bidder Morgan Pavement in the amount of $79,115.57.

Motion and vote:
Council Member Orton made a motion seconded by Council Member Gardner to award the bid to Morgan Pavement in the amount of $79,115.57. Mayor McArthur called for a vote; all voted aye, motion carried unanimously.

Consider award of bid for the Highland Drive improvement project, phase II
Purchasing Agent Swensen indicated three bids were received and recommended awarding the bid to the low bidder H.E. Davis & Sons in the amount of $1,403,196.50.

Council Member Whatcott asked if this contractor has done work for the City before.

Purchasing Agent Swensen indicated the contractor name has changed, it was SunRoc.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Whatcott to award the bid to H.E. Davis& Sons in the amount of $1,403,196.50. Mayor McArthur called for a vote; all voted aye, motion carried unanimously.

Consider award of bid for construction of Slick Rock Park
Purchasing Agent Swensen asked the council to reject the bids as all were over the budgeted amount.

Mayor McArthur asked how the situation will be handled if all bids are rejected.



St. George City Council Minutes
May 6, 2004
Page Three

Leisure Services Director Perkins explained the amount budgeted was about $340,000. All the bids were about $200,000 over that amount. Staff reviewed the bids but were unable reduce the project to meet the budgeted amount. He indicated that he isn?t sure if the project should be rebid or put on hold until additional funds are available.

A representative from Cindy Taylor Trucing indicated he was the low bidder, he stated this is the second time his company has been the low bidder and the bids have been rejected. He explained a lot of work goes into compiling a bid, the bidding environment is changing for many reasons such as steel, concrete and fuel prices which have increased dramatically. He indicated one reason there were only 2 bids received is because the vendors know the bids may be thrown out and it isn?t worth their time to compile a bid.

Mayor McArthur explained the council can?t authorize the spending of money that isn?t in the budget, however, maybe the engineers estimates need to be done more quickly so bids reflect the same prices as those used in determining an estimated cost.

City Manager Esplin indicated that perhaps there is so much work going on that there aren?t as many companies with the time to handle additional work. City policy says if bids are a certain amount over the engineers estimate than the bids will be rejected.
The council discussed possibly negotiating with bidders to lower bids to a price within the budget. There was concern that dealing with bids in this manner may be inappropriate and lead to legal problems.

Motion and vote:
Council Member Whatcott made a motion, seconded by Council Member Orton to reject all bids. Mayor McArthur called for a vote; all voted aye, motion carried unanimously.

Consider award of bid for a used 2,000 gallon water truck for the Streets Department
City Manager Esplin explained the Streets Department would like to purchase the truck in this budget year.

Randy Halverson indicated UDOT has redlined the current water truck because it is not safe to be on the road. The funds for this purchase will come from other equipment traded in this year. Staff recommendation is to purchase the Sterling truck, it has been inspected and it is ready to go now. The other truck will have to be assembled with a lead time of six to eight weeks.

Council Member Whatcott commented the Lake City International truck is four years newer and only $100 more than the Sterling truck. He asked about the mileage on each truck.

Randy Halverson indicated staff has not had a chance to look at the Lake City International truck. The Sterling truck has a little over 200,000 miles on it; he doesn?t know what the other truck mileage is.

City Manager Esplin asked if the council would consider authorizing the purchase of whichever truck is best for the money. He commented if the newer truck is in better condition it may be worth the expense of a rental truck as the water truck will be needed for more than just this one job.

Motion:
Council Member Orton made a motion, seconded by Council Member Gardner to approve the purchase of a truck based on which truck is in better condition between the Sterling and Lake City truck.


St. George City Council Minutes
May 6, 2004
Page Four

Purchasing Agent Swensen indicated the Lake City International truck has 140,000 miles on it.

Vote:
Mayor McArthur called for a vote; all voted aye, motion carried unanimously.

RESOLUTIONS:
Consider approval of a resolution adopting the tentative 2004-2005 fiscal budget for The City of St. George.
City Manager Esplin indicated the budget has been submitted at this meeting because it?s the State law and gets the process going. Public hearings will be held before final adoption. He explained growth is impacting the budget more this year than ever before; there are no recommendations for tax increases or changes in fees or service. He explained the general fund is very dependent on sales tax. Difficult cuts have been made in this budget which represents approximately $174 million in expenditures, an increase of about 5% from last year?s budget.

Motion and vote:
Council Member Bunker made a motion, seconded by Council Member Orton to adopt the tentative 2004-2005 fiscal year budget as submitted. Mayor McArthur called for a roll call vote as follows:
Council Member Gardner, aye
Council Member Bunker, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion passed

STAFF REPORTS

Consider approval of a special event permit for an End of School Spectacular.
City Manager Esplin recommended approval of this permit.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Orton to approve a special even permit for an End of School Spectacular. Mayor McArthur called for a vote; all voted aye, motion carried unanimously.

PUBLIC HEARINGS
Consider a zone change from R-1-10 Single Family Residential to R-1-6 Single Family Residential with a restriction to meet the R-1-8 zone standards, except for allowing a 20 foot front yard setback and a 15 foot rear yard setback on 11.89 acres located at approximately 250 N. Valley View Drive.

Community Development Director Nicholson explained the Planning Commission recommends approval of the zone change. The applicant wants to make a standard subdivision with the exception of the setbacks. They would like to decrease the front yard set back so the backyards can be larger.

Rick Rosenberg of Rosenberg Associates explained the developer will provide common area trail access and pedestrian access to the church to make it more pedestrian friendly. There will be a 6 foot landscape strip and a wall on Valley View Drive. A Home Owners Association (HOA) will be created to take of the landscape strip and common areas.
Mayor McArthur declared the public hearing open, seeing no one wishing to speak he closed the public hearing.

Council Member Whatcott asked if it?s common to combine zones, what is the purpose in combining zones and what will the garage set back be?

St. George City Council Minutes
May 6, 2004
Page Five

Mr. Rosenberg indicated the garage set back is still 25 feet. A deed restriction will be recorded once the zone change is approved in favor of the City.

The group discussed the R-1-8 versus R-1-6 zone change. The R-1-6 zone does not allow a 20 foot set back. The lots are shallow, not very deep; the zone change would allow an extra 5 feet in the back yard. The larger back yard is more marketable.

Community Development Nicholson indicated one goal of this request is to get things simplified, to get one standard throughout the City.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Whatcott to approve the zone change with the restriction meeting the R-1-8 zoning standards, maintaining the 25 foot garage set back. Mayor McArthur called for a roll call vote as follows:
Council Member Gardner, aye
Council Member Bunker, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion passed

Council Member Bunker commented that she is saddened that Valley View Drive is becoming a corridor of walls resulting in a loss of a community feeling.

Community Development Director Nicholson commented that he is also concerned with double frontage lots. Staff needs to look at options for lots that front the street on roads that aren?t as busy as Valley View to avoid the walls.

Consider an amendment to the Stonebridge Planned Development Zone to include an additional 2.13 acres to be part of the Wailea Falls Subdivision.
Community Development Director Nicholson indicated there would be 15 detached housing units in the next phase which will be added to the existing HOA. The Planning Commission recommends approval subject to the Stonebridge PD Amendment consideration.

Mayor McArthur declared the public hearing open, seeing no one wishing to speak he closed the public hearing.
Council Member Whatcott explained he has real concern regarding the lava flow; it is beautiful and important and tied to the community as much as the black hills although nothing is being done to protect the flow which can?t be replaced once it?s gone.
Council Member Allen arrived at 5:15 p.m.

Council Member Orton commented the developer agreed to bring it back to a more natural look.

Council Member Whatcott indicated at this point in time the rock is being stacked resulting in it looking like a stacked wall. It will have to be painted to look more natural.

The council discussed the issue of disturbing the lava flow. There was discussion concerning concession made by the developer to bring the lava flow back to a certain standard, a more natural appearance.

Motion:
Council Member Gardner made a motion, seconded by Council Member Bunker to grant by way of ordinance an amendment to the Stonebridge Planned Development Zone to include an additional 2.13 acres to be part of the Wailea Falls Subdivision.

Council Member Orton asked if there are any concerns from staff.
St. George City Council Minutes
May 6, 2004
Page Six

Community Development Director Nicholson commented with regard to the lava flow. There are 2 choices, the City could purchase the property or there could be a clustering incentive offered such as done in the Entrada development. Zoning tools can encourage or require the preservation of the flows. A lot of the lava flows are outside the boundary of the City and therefore out of the City?s control.

There was discussion concerning the size of homes and lots. The density will be about 7 units per acre. The homes will be between 1857 and 2270 square feet.

Mr. Rosenberg commented that the preservation of the lava is a great goal, but it is something that has to happen at the beginning of the process. This portion of the lava flow is inside the City boundaries. All flow that is within the boundaries Santa Clara City is disturbed now. The Hafen family owns a large portion of the property that lava flow is on. If the City wants to preserve it the Hafen?s should be approached soon as developers have already approached the family regarding purchasing the property.

Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner, aye
Council Member Allen, aye
Council Member Bunker, aye
Council Member Orton, aye
Council Member Whatcott, nay
Motion passed

Consider approval of an amended Planned Development Zone for the property between Dixie Downs Road and Snow Canyon Parkway to include 99 single-family detached homes on 25.83 acres and office/retail commercial uses in 4.43 acres.

Community Development Director Nicholson indicated the project originally approved, The Dixie Downs Retirement Community, is no longer being pursued. The developer is submitting this as a new project for the property. There will be a private road system with three proposed accesses and an HOA. Cost sharing agreements will have to be worked out with respect to items such as a traffic light installation. The Engineering Department has made some recommendations regarding traffic, The Planning Commission recommends approval provided the recommendations of the Engineering Department are met.

A State Trust Lands representative spoke to ask for approval of the project.

There was a brief discussion concerning acceleration and deceleration lanes on to Dixie Drive Road and Snow Canyon Parkway.

Mayor McArthur declared the public hearing open.

Community Development Director Nicholson indicated the uses on the corner will be the same as those in a C2 zone.

Mayor McArthur declared the public hearing closed.

Council Member Orton commented that commercial development was allowed with the original project because it was a commercial living center. He asked if there is C3 zoned property on the other corner.

Community Development Director Nicholson indicated commercial use was approved to allow for services needed by the retirement community. There is a 2 acre commercial site on the corner.

St. George City Council Minutes
May 6, 2004
Page Seven

The group discussed the boundaries of the C1 and C2 zones on the property and the traffic signal needs. The use of Snow Canyon Parkway was discussed with relation to moving traffic from Santa Clara and Ivins cities versus installing traffic signals along the road resulting in restricting traffic flow. Dixie Downs Road and 2000 North are a major collector roads that feed into Snow Canyon Parkway.

Rich Romor a representative from the firm that did the traffic study for this development indicated the signal at Dixie Downs and Snow Canyon Parkway will not be needed until 2008 when the development is built out.

City Manager Esplin commented regarding the issue of traffic flow on Snow Canyon Parkway possibly flowing in a manner similar to Sunset Parkway. Snow Canyon Parkway is the northern belt; it is the only road that can handle traffic moving to and from Santa Clara and Ivins cities. He suggested limited access onto Snow Canyon Parkway to keep the traffic flowing smoothly and relatively quickly. The problem with 2000 North is that it comes into Snow Canyon Parkway on an angle and will be a 3 way intersection. He asked for input from the Engineering Department on future plans for the intersections.

Dave Demans indicated that Dixie Downs is a major road; the master plan shows a signal going in that location. 2000 North may need a signal because it will get busy. He also indicated 1400 West may eventually need a signal.

The traffic flow on Red Hills Parkway and possible traffic signals were discussed. The planned traffic control center was discussed with respect to how signals will be managed.

James Sullivan with S&S Homes spoke indicating traffic is a huge issue, he doesn?t want to slow down Snow Canyon Parkway. He commented the density of the residential and commercial on the site has been reduced.

City Manager Esplin commented that the traffic issue is a valid point, but he doesn?t think this project in and of itself is generating the traffic. The real issue is will further development generate a need for a traffic signal.

Motion:
Council Member Gardner made a motion seconded by Council Member Allen to approve by ordinance an amended Planned Development Zone for the property between Dixie Downs Road and Snow Canyon Parkway to include 99 single-family detached homes on 25.83 acres and office/retail commercial uses in 4.43 acres.

Council Member Whatcott asked why 2 accesses that close onto Snow Canyon Parkway have been approved.

Jay Sandberg indicated that if the roads came in straight, they would have come into the Snow Canyon Parkway better. If Dixie Downs Road had been tied into 2000 North it would have been tied in at about the time it came into Snow Canyon Parkway. The two major intersections are too close.

Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner, aye
Council Member Allen, aye
Council Member Bunker, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion passed


St. George City Council Minutes
May 6, 2004
Page Eight

Consider a zone change form R-1-10 Single Family Residential to PD Planned Development Residential with 63 single family detached homes on 16.3 acres located at approximately 2200 N. Tuweap Drive.

Community Development Director Nicholson indicated the homes in the development will be adobe style; with 2 gated entrances into the subdivision. He explained the gates are requested due to the concern of the applicants regarding overflow parking from the Canyons Ball Fields, blocking the streets to the residents. He indicated the Planning Commission felt this was a valid concern.

Mayor McArthur declared the public hearing open.

Lou Burbus addressed the council in support of the proposed development.

Mayor McArthur declared the public hearing closed.

The council discussed concerns regarding gated communities such as segregating the community.

Richard Lewis indicated through streets without the gates would create a safety issue, he indicated the gates will be open during the day and closed at night.

Council Member Gardner asked if the market is driving the gated community decision.

Richard Lewis explained the development is designed to be a continuation of what Entrada is. The gating and exterior walls will be very similar to what has been done at Entrada.

City Manager Esplin commented the staff does not encourage gated communities. However, in this case, gates may be needed to prevent those attending ball tournaments from parking in the development. If there was an alternative, staff would have recommended it.

Motion and vote:
Council Member Gardner made motion, seconded by Council Member Orton to approve the zone change form R-1-10 Single Family Residential to PD Planned Development Residential with 63 single family detached homes on 16.3 acres located at approximately 2200 N. Tuweap Drive. Mayor McArthur called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Council Member Bunker, aye
Council Member Allen, aye
Council Member Gardner, aye
Motion passed

Consider amendment to Title 10, Chapter 7D, City of St. George Code, with regard to site-built homes in a Mobile Home Zone

Community Development Director Nicholson explained there are a few requests per year to build a site built home in a mobile home subdivision. This is not a change to a mobile home park. He reviewed the restrictions included in the amendment.

There was discussion concerning site built homes exceeding lot size limitations and the types of mobile home parks affected by the proposed amendment. The homes would have to comply with the requirements of the mobile home subdivisions. The amendment would only apply to mobile home parks where the lots are owned by the residents rather than those that are rented by mobile home owners.
St. George City Council Minutes
May 6, 2004
Page Nine

Mayor McArthur declared the public hearing open, seeing none in attendance to speak he closed the public hearings.

Motion and vote:
Council Member Orton made a motion to approve by ordinance amendment to Title 10, Chapter 7D, City of St. George Code, with regard to site-built homes in a Mobile Home Zone. Council Member Gardner seconded the motion. Mayor McArthur called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Council Member Bunker, aye
Council Member Allen, aye
Council Member Gardner, aye
Motion passed

Report from the Planning Commission meeting held April 27, 2004

Mark Bradley indicated the Planning Commission recommends the following items to be advertised for a public hearing on Thursday June 3, 2004 at 5:00 p.m. or any City Council meeting there after:

Amendment to the Sun River Planned Development Zone to include 7.628 acres to the existing 592-793 acres for additional single family development.
Amendments to the City of St. George code, Title 10 Zoning Regulations, Chapter 13A Hillside Development Overlay Zone to clarify various provision and establish a definition for ?undisturbed?.
Amendment to the City of St. George Code, Title 10 Zoning Regulations, Chapter 3 Board of Adjustment, Section 10-3-2: Membership; Appointment? Term; Removal; Vacancies to include the language ?or alternate member? in reference to the Planning Commission seat on the Board of Adjustment.

Motion and vote:
Council Member Allen made a motion, seconded by Council Member Bunker to set Public Hearings as requested above for June 3, 2004 or any City Council Meeting thereafter. Mayor McArthur called for a vote; all voted aye, motion carried.

PRELIMINARY PLATS
Consider approval of a four lot subdivision for agricultural use with the exception of the existing home on the proposed Lot #4

Mark Bradley explained the proposed subdivided property is currently two separate parcels; a lot split was approved dividing the bird barn and the existing dwelling. The bird barn property, which would be proposed Lots #1, 2, & 3 currently, has a deed restriction, which prohibits any residential development until the sewer is extended to the property. The City policy does not to allow division of land for development until sewer and other utility services are made available. The two agriculture lots would become 4 lots. The applicant has asked for a delayed improvement request. Planning Commission recommends approval of proposed subdivision as agriculture only until sewer services are brought out to that area, with the exception of lot 4 where the home is located.

There was a brief discussion regarding the bird barn. The building is about 24,000 square feet.

Loren Spendlove commented that it is a commercial building in a residential area. He indicated he would consider at some point moving the barn in exchange for industrial property. He would move the building to the industrial location and also ask the City to
St. George City Council Minutes
May 6, 2004
Page Ten

waive any associated impact fees. He explained he owns the portion of the road that will be dedicated if the development is approved. The owner to the south doesn?t have legal access to his property. He has agreed to dedicate the entire road if the City would approve a land trade and the request to waive impact fees. He indicated there are 2 individuals that want to buy the lots and raise horses on it.

Council Member Allen asked regarding future Special Improvement Districts (SID) and if there are any agreements that needs to be made with that in mind.

City Manager Esplin explained he wouldn?t recommend any agreements or approval of any building until the sewer has been brought to the site.

The group discussed the history of how the parcel was originally divided. Due to court action the lot split request was approved.

City Manager Esplin indicated that until that barn is moved there can?t be a home built on the lot.

Loren Spendlove explained he is asking for a delayed improvement agreement because the proposed owners don?t want to have to make road improvements if the property is being used only to raise horses. He is willing to dedicate the road in exchange for a delayed improvement agreement.

There was discussion of how to approve the subdivision without creating a delayed improvement agreement. It was noted that dedicated streets and necessary service upgrades are required within subdivisions.

City Manager Esplin suggested tabling the issue to give staff, property owner and the Legal Department a chance address these issues and come back with a recommendation.

Mayor McArthur designated the meeting on June 10, 2004 as a special meeting so a decision can be made on this issue.

Motion:
Council Member Orton made a motion, seconded by Council Member Whatcott to table the issue until the June 10, 2004 to council meeting.

The group discussed the possibility of approving the final plat by the end of June if the preliminary plat is approved at the June 10, 2004 meeting. There was discussion of approving the preliminary plat tonight with final plat approval subject to resolution of road dedication issue.

City Manager Esplin indicated the preliminary plat can be approved subject to dedication of the road along with full improvements of the roadway tonight in order to expedite the paper process.

Loren Spendlove indicated he is not motivated to dedicate the other ? of the road without a delayed improvement agreement.

Motion and vote:
Council Member Gardner made a substitute motion, seconded by Council Member Whatcott to approve the preliminary plat subject to full dedication of roadway along with full improvements on road way. Mayor McArthur called for a vote; all voted aye, motion carried.

Mark Bradley indicated the deed restriction needs to be addressed as well, he explained when staff met with Mr. Spendlove and Ken Hamblin the engineer a dedication was worked out.
St. George City Council Minutes
May 6, 2004
Page Eleven

Consider approval of the preliminary plat for the Bringhurst subdivision with 8 single-family residential lots located at 2000 N and Tuweap Drive.

Mark Bradley indicated the lots are double fronting, which requires a 6-foot solid privacy wall along with a minimum 4-foot landscape strip between the sidewalk and the privacy wall. The applicant has provided a plan showing how they can meet the requirement. There currently are 4 homes that front 2000 North. The Planning Commission recommends approval of the double fronting lots. The applicants requested to eliminate landscape requirements. Staff indicated that is not an alternative, landscaping of the street trees has to be maintained. Staff recommended creating a HOA to maintain the landscaping.

The council discussed issues involving double fronting lots, including the amount of traffic on the road. The group discussed the possibility of a cul-de-sac rather than a though street to ease the traffic onto 2000 North. There are existing homes that prevent installing a cul-de-sac.

Motion and vote:
Council Member Gardner made a motion grant preliminary plat approval with the recommendations of Planning Commission. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Consider approval of an amendment to Paragon Cove at Stone Cliff with a total of 128 single-family detached homes located at Stone Cliff Parkway and Paragon Drive off 1450 S Street.

Mark Bradley explained the lot size has been increased, reducing the number of lots from 140 to 128. The common area will be decreased; the Planning Commission recommends approval with the plan as presented.

Gail Maxwell explained the open space has been decreased by 90 square feet

The amount and location of open space within the subdivision was discussed. The developer prefers common space to be combined creating larger spaces rather than smaller spread out spaces.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Bunker to approve an amendment to Paragon Cove at Stone Cliff with a total of 128 single-family detached homes located at Stone Cliff Parkway and Paragon Drive off 1450 S Street. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Consider approval of a preliminary plat for Boulder Springs Villas with 84 single family detached homes located at 1450 South east of River Road.

Mark Bradley indicated the Planning Commission approved this plat as a gated community with north/south access. A height restriction table is provided with a finished floor elevation.

The council briefly discussed height concerns.

Rick Rosenberg indicated the sewer line that goes through the subdivision is rather shallow. There is not a lot of elevation change on the pads.

Motion and vote:
Council Member Orton made a motion, seconded by Council Member Allen to approve a preliminary plat for Boulder Springs Villas with 84 single-family detached
St. George City Council Minutes
May 6, 2004
Page Twelve

homes located at 1450 South east of River Road. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Consider approval of the following Preliminary Plats
Tuweap Point with 63 single-family detached homes located at approximately 2200 North Tuweap Drive
Amended preliminary plat for Wailea Falls at Stonebridge with a total of 84 single-family detached homes located at 409 N. Country Lane.
Shadow Springs with 42 single-family lots located at 150 N. Valley View Drive.

Mark Bradley indicated the Wailea Falls project has increased the size of the units and made the drive ways circular. There is an emergency access on the west.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Orton to grant preliminary plat approval for:
Tuweap Point with 63 single-family detached homes located at approximately 2200 North Tuweap Drive
Amended preliminary plat for Wailea Falls at Stonebridge with a total of 84 single-family detached homes located at 409 N. Country Lane.
Shadow Springs with 42 single-family lots located at 150 N. Valley View Drive.
Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

LOT SPLIT
Consider a lot split located request at the northwest corner of Mall Drive and Riverside Drive intersection

Mark Bradley indicated the Planning Commission recommends approval subject to a cross access reciprocal agreement and deed of dedication off of Mall Drive at Riverside Drive and deceleration lane off of Riverside Drive into the larger parcel.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Bunker to approve a lot split request located at the northwest corner of Mall Drive and Riverside Drive intersection with the conditions of Planning Commission. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

CONDITIONAL USE PERMITS
Consider approval of a conditional use permit to expand an existing warehouse facility located at 3025 S River Rd.
Ray Snyder explained the expansion is to accommodate parking for large trucks and a warehouse and includes landscaping. The circular driveway is to accommodate deliveries.

Council Member Gardner asked if there where any complaints from the neighbor to the east.

Ray Snyder replied that only one neighbor has written to oppose the expansion, asking for adequate wall set backs and landscape to soften the look and the noise level.

The council discussed possible colors for the building.

Ray Snyder indicated the applicant has said he will match the existing colors.

Council Member Allen asked if the extension will be attached to the existing structure.



St. George City Council Minutes
May 6, 2004
Page Thirteen

Ray Snyder indicated the expansion will be adjacent to the existing building. The Planning Commission recommends approval with stipulations included in the staff report.

Motion and vote:
Council Member Allen made a motion, seconded by Council Member Gardner to approve with the recommendation from Planning Commission as stated in the packet a conditional use permit to expand an existing warehouse facility located at 3025 S River Rd. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

There was a brief discussion regarding when the landscaping. An occupancy permit will not be issued until the landscaping is completed.

Consider approval of a conditional use permit for a private school located at 1094 E Tabernacle Street.

Ray Snyder indicated the facility will conduct a day care center and a Christian school at the same facility. The applicant proposes to operate with less than 50 students although the applicant expects to expansion to 200 students in the future. The request is limited to the lower level of the building. Currently, 16 parking spaces are needed; if the facility expands additional parking will be needed. The applicant would like to put a fa?ade on the building that conveys an image of a rich learning environment that is classical in appearance.

There was a brief discussion concerning the shipping containers on the property. They will be removed if the conditional use permit is approved.

Council Member Orton expressed concern the facility will not accommodate the expected expansion to 200 students.

Joyce Carlin indicated the school will relocate to another facility if it expands.

Council Member Bunker asked how the play area will be addressed.

Joyce Carlin explained the school is required to have the playground area attached to the building. She has approached the property owner of the adjacent property regarding using the property for a play area however, she has not heard back from the property owner.

Council Member Allen asked if religion classes will be taught.

Joyce Carlin explained in grades K-6 the bible class concerns how bible stories blend with what was happening in art and history. After 6th grade students are taught how to debate issues and in the high school students are taught how to present their case orally and in writing.

Council Member Whatcott commented concerning parking noting that with high school students more parking may be necessary as they often drive to school.

Joyce Carlin indicated other businesses are willing to share spaces and there may be more space when the storage cans are removed.

The parking requirements were discussed. The staff parking is included in the room calculations. The council decided parking issues for high schools has to be addressed as parking is often so limited.

Mayor McArthur asked concerning the hours of school will be open.
St. George City Council Minutes
May 6, 2004
Page Fourteen

Joyce Carlin indicated it will operate from 8:30am to 3:30pm with kindergarten and preschool attending ? days.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Allen to grant a conditional use permit for a private school located at 1094 E Tabernacle Street subject to the Planning Commission recommendations. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Consider approval of a lease agreement with UAMPS for the Skyline Substation

Energy Services Director Solomon explained the lease agreement is to extend the area of the substation to the north (towards the red hill) to accommodate a future 138 switchyard to serve areas to the west.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Allen to approve the lease agreement with UAMPS for the Skyline Substation. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Consider approval of a reimbursement agreement with JMI for improvements on Red Cliffs Drive.

City Manager Esplin requested that this item be tabled.

Consider approval of construction management contract with Creamer and Noble for the Highland Drive Phase II project.

City Manager Esplin indicated this contract is for construction management, staff recommends approval

Motion and vote:
Council Member Orton made a motion, seconded by Council Member Bunker to approve the construction management contract with Creamer and Noble for Highland Drive Phase II. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Consider approval of an agreement with VE Management for right-of-way and power line easement on Highland Drive.

City Manager Esplin indicated the easement is needed for the construction project to continue.

Council Member Allen asked where VE Management is located.

Public Works Director Bulloch indicated it is the property is in Middleton. VE Management wanted assurances that the power pole won?t obstruct their billboard.

Motion and vote:
Council Member Allen made a motion, seconded by Council Member Gardner to approve the agreement with VE Management for a right-of-way and power line easement along Highland Drive. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Consider approval of a lease with Todd and Sandra Call for property located at the east end of Tabernacle Street.



St. George City Council Minutes
May 6, 2004
Page Fifteen

City Manager Esplin explained staff has considered selling the property to the applicants, but the Engineering Department thought it should not be sold in the event the City may need it, so staff is recommending the property be leased to the applicants.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Whatcott to approve the lease with Todd and Sandra Call for property located at the east end of Tabernacle Street. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.
Set a time, date and place for hearing regarding the recovery of costs to demolish two buildings.

City Manager Esplin explained this action is to set a time and date for a hearing so the property owner can speak to the fees to demolish the buildings. If the fees are determined to be appropriate, a lien can be placed on the property.

Motion and vote
Council Member Whatcott made a motion to set a hearing at the next regularly scheduled meeting regarding the recovery of the costs to demolish the building, seconded by Council Member Orton. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Approval of Minutes:

Mayor McArthur called for a review of the minutes of regular meeting held March 18, 2004.

Motion and vote:
Council Member Orton made a motion, seconded by Council Member Whatcott to approve the minutes of March 18, 2004 as presented. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Mayor McArthur called for a review of the minutes of special meeting held April 8, 2004.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Bunker to approve the minutes of April 8, 2004 as presented. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Mayor McArthur called for a review of the minutes of regular meeting held April 15, 2004.

Motion and vote:
Council Member Gardner made a motion, seconded by Council Member Bunker to approve the minutes of April 15, 2004 as presented. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Mayor McArthur called for a review of the minutes of special meeting held April 22, 2004.
Motion and vote:
Council Member Orton made a motion, seconded by Council Member Allen to approve the minutes of April 22, 2004 as presented. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.




St. George City Council Minutes
May 6, 2004
Page Sixteen

Adjourn to Executive Session:
Council Member Whatcott made a motion, seconded by Council Member Gardner to adjourn to an executive session to discuss litigation. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Reconvene:
Council Member Gardner made a motion, seconded by Council Member Allen to reconvene the regular session. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Other Business:
Public Works Director Bulloch discussed the connection of the 200 East project to the Hope Street neighborhood by constructing a round about. He indicated the neighborhood is in favor of a round about.

City Manager Esplin indicated the round about cost will be about $150,000.

Public Works Director Bulloch explained the neighbors also want a historical style wall for Hope Street neighborhood between the road and the houses.
It would be a 6 foot sound wall.

Mayor McArthur suggested a formed concrete wall similar to what has been done in Washington City may work.

Adjournment
Council Member Whatcott made a motion to adjourn seconded by Council Member Gardner. Mayor McArthur called for a vote; all voted aye, motion passed unanimously.

Minutes recorded by:


Ren? Fleming Deputy City Recorder Date