City Council

Thursday, July 1,2004
Minutes



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

PRESENT:
Mayor Pro Tem Larry Gardner
Council Member Suzanne Allen
Council Member Gail Bunker
Council Member Rod Orton
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
Council Member Bob Whatcott
City Manager Gary Esplin

Council Member Rod Orton called the meeting to order.

MOTION: A motion was made by Council Member Orton to appoint Council Member Larry Gardner as Mayor Pro Tem for purposes of this meeting.

SECOND: The motion was seconded by Council Member Allen.

VOTE: All voted aye, and the motion carried.

OPENING:
The pledge of allegiance was led by Larry Bulloch, and the invocation was offered by Reverend Alex Wilkey.

ANNOUNCEMENTS:
Marc Mortensen announced that the City?s July 4 celebration will be held on July 3 and include a breakfast in Vernon Worthen Park at 7:30 a.m., games, food and activities in the park from 10:00 a.m. until 3:00 p.m., and the Showdown and fireworks at the Sunbowl in the evening.

Mayor Pro Tem Gardner advised that a downtown activity will be held on Main Street from 3:00 p.m. until 10:00 p.m.

RECOGNIZE ST. GEORGE ROYALTY:
Miss St. George, Camille Snow, and her attendants, Erin Christensen and Kathi Mace, introduced themselves and explained that they were looking for sponsors. They requested support from the City Council and a letter of introduction to help them in their fund-raising efforts.

CHANGE TO AGENDA:
Marc Mortensen advised that the lighting situation at Menlove would be discussed at the end of the agenda under New Business.

AWARD OF BID
Consider award of a blanket contract for batteries for the Fleet Division.

Purchasing Agent Sue Swensen presented the bids received, less Trojan batteries, as follows:

Interstate Battery $16,981.64
Dixie Battery $13,439
Parts Plus $16,407.73

She recommended award of the bid to the low bidder, Dixie Battery, in the amount of $30,000 for the year. She explained that the golf courses will not need as many batteries as originally thought.

Council Member Orton clarified that Mayor Pro Tem Gardner would be voting.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Dixie Battery, in the amount of $30,000 for the year.

SECOND: The motion was seconded by Council Member Bunker.

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

AWARD OF BID:
Consider award of bid for chip seal oil, distributor truck time, and mobilization.

Purchasing Agent Sue Swensen presented the following bids:


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July 1, 2004
Page Two

Ergon Asphalt $138,264
Paramount Pet. $131,628

She recommended award of the bid to the low bidder, Paramount, in the amount of $131,628.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Paramount, in the amount of $131,628.

SECOND: The motion was seconded by Council Member Bunker.

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

AWARD OF BID:
Consider award of a blanket contract for plan review.

Purchasing Agent Sue Swensen recommended setting up blanket contracts with Sunrise Engineering and Willdan in the total amount of $30,000 for the year on an as-needed basis for structural, architectural, engineering, mechanical, electrical, and plumbing review. This is the same amount used in the past year.

MOTION: A motion was made by Council Member Orton to establish blanket contracts with Sunrise Engineering and Willdan in the total amount of $30,000 for the year on an as-needed basis.

SECOND: The motion was seconded by Council Member Bunker.

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

RESOLUTION:
Consider approval of a resolution imposing a 911 emergency telephone surcharge fee.

Deputy Police Chief Russ Peck explained that House Bill 36 allows local governments to raise the 911 levy from 53? to 65? to develop a wireless system to detect the location of 911 cell phone calls. Phase I will be able to identify which towers a cell phone call is coming from, and Phase II will include a mapping system to identify within a 30 meter area the location of the call. Raising the levy will help to enact Phase I and II technology. 4? of the 65? will go to the state emergency fund to help finance the backbone of the system. All cell phones have now been required to have a GPS chip.

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

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Bunker - aye
Council Member Orton - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission and Hillside Review Board recommended approval of a hillside development permit for a proposed subdivision located west of Dixie Drive in the vicinity of 1700 South, south of the new Tonaquint Center, subject to review of the grading and landscape plan for each phase, with the understanding that the proposed location of several units will be revised according to the slope analysis map as presented at the meeting of May 19, 2004. Guy Haskell, Haskell Homes, is the applicant.

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

SECOND: The motion was seconded by Council Member Orton.

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



St. George City Council Minutes
July 1, 2004
Page Three

SET PUBLIC HEARING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended that public hearings be scheduled for August 5, 2004 at 5:00 p.m., or any meeting thereafter, to consider:

1. A zone change request from A-1 to R-1-10 on 9.569 acres located at 2750 East 2000 South. Brent Greenwood, applicant.

2. Amendment of Title 10, Chapter 19, St. George City Code, with regard to off-street parking requirements, and Chapter 7C with regard to multiple family residential, and Chapter 8 with regard to planned developments, to delete a provision that allows a 10 foot garage setback from private streets in areas of the City. City of St. George, applicant.

MOTION: A motion was made by Council Member Orton to set the public hearings as recommended by the Planning Commissions.

SECOND: The motion was seconded by Council Member Allen.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission and Hillside Review Board recommended approval of a hillside development permit for a proposed subdivision (Artesia Terrace) located at 1650 W. Snow Canyon Parkway subject to the following conditions:

1. Review by the City Parks Department is required for the trail realignment.
2. Potential property adjustments with the adjacent property (Augustus Point).
3. Buildable area to be staked for the property owner?s reference.
4. Submit a landscape plan. Street trees are required along Snow Canyon Parkway.
5. Include the language for a ?no-build zone? on the plat.
6. Provide cross sections for Snow Canyon Parkway, including the trail system and lots along the Parkway, and proposed lots against the hillside.
7. Address and resolve the Santa Clara springs water located on site.
8. The areas of varied slope less than 40% which are isolated from continuous similar slopes should be included in the no-disturb zone to prevent the 40% slopes from being disturbed. This would affect Lots 11, 12, 17 and 18.

John Clark is the applicant.

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

SECOND: The motion was seconded by Council Member Allen.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended approval of the preliminary plat for Artesia Terrace subject to the following conditions:

1. The applicants work with the City Parks Division on the realignment of the existing bike/pedestrian trail, dedication of the trail area to the City as identified on the preliminary plat, work out details on trail improvements, and planting of appropriate street trees consistent with other developments along Snow Canyon Parkway.

2. In reference to the awkward lots pointed out by staff, homes are to be designed and built within the proposed perimeters.

3. Applicants shall construct the median on Snow Canyon Parkway and install the conduit for future street lights. Developers on the opposite side of Snow Canyon Parkway will be required to plant the median and install the street lights.

Mayor Pro Tem inquired if equestrians would be able to access the Gap Trail through Castle Rock 2. He commented that this needed to be coordinated. He instructed staff to make sure this is being addressed.

Mr. Bradley replied that there is an easement for access between the two parcels.

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July 1, 2004
Page Four

Mayor Pro Tem Gardner commented that there needed to be some kind of corridor for access to the HCP.

Community Development Director Bob Nicholson explained that there is access between lots, but no parking other than the public street. The developers would only accommodate an easement between lots.

Mr. Bradley explained that the project would have terraced retaining walls, similar to Castle Rock Phase I. There would not be any privacy walls unless built by individual owners.

City Attorney Shawn Guzman advised that the City Council could require that the color of any walls match those already existing along Snow Canyon Parkway.

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

SECOND: The motion was seconded by Council Member Bunker, who added that any walls constructed along Snow Canyon Parkway had to match in color those that already exist along the Parkway.

Council Member Orton agreed to include this stipulation in his motion.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended approval of the preliminary plat for Estrella Subdivision subject to the following conditions:

1. Estrella Subdivision will be responsible for landscaping and streetlights in the median. This is to be coordinated with the Lakota and Artesia Terrace Subdivisions. The overall landscaping needs to be approved by the City Parks Division and be consistent with other projects along Snow Canyon Parkway.

2. The privacy wall along Snow Canyon Parkway be consistent with what has been constructed at the Sedona Hills Subdivision using fractured block, pilasters, and varied earth-tone colors. Because the property slopes down on the southerly side of Snow Canyon Parkway adjacent to the proposed subdivision, the applicants are to minimize the height of the wall, especially the block wall portion. A 3:1 slope or less is to be established instead of a 2:1 slope up to the wall to reduce the wall height. The block wall is to be reduced to an overall height of 4-6'.

3. A traffic circle is required and is to be properly striped and signed to meet City Traffic Engineering requirements.

4. The access on 1650 West is located off the project site. The plans must show the portion that will be constructed. Access to Lots 17-19 will need at least 25' of dedicated roadway. These lots cannot be developed until 1650 West is dedicated.

5. Acknowledgment that Lot 90 is shallow in depth and that the future home is to be designed and built within the proposed parameters.

Ken Murphy, Bush and Gudgell Engineering, explained that the owner would like to use the same type of colored walls as on the Paradise Canyon project, and does not want to be tied to using split face block at this time.

Council Member Allen suggested that stacked rock could be used rather than a block wall.

City Attorney Shawn Guzman commented that the City Council will have the opportunity to see this project again and can request pictures in order to see exactly what the wall will look like.

Council Member Orton commented that the City Council and staff have been working closely to try and make sure that walls along Snow Canyon Parkway are consistent.

MOTION: A motion was made by Council Member Allen to approve the preliminary plat subject to the recommendations of the Planning Commission, without saying exactly what block needs to be used.

SECOND: The motion was seconded by Council Member Bunker.
St. George City Council Minutes
July 1, 2004
Page Five

CLARIFICATION: Council Member Allen clarified that her motion included the stipulation that the wall would have to be consistent with those walls already existing along Snow Canyon Parkway

Council Member Allen commented that plans for the wall can be shown to staff, and if staff does not have any concerns, the project can proceed to the final plat.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended approval of the preliminary plat for Rink Estates subject to the following conditions:

1. The retaining walls are not to exceed six feet in height along the front setback (any street side setback) and not to exceed eight feet in height along interior property lines (side or rear yard setback).

2. The locations of retaining walls are to be finalized with the construction drawings.

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

SECOND: The motion was seconded by Council Member Bunker.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size to PD Residential on 109.77 acres located on the west side of Dixie Drive at approximately 1700 South. Guy Haskell, Haskell Homes, Inc., applicant.

Community Development Director Bob Nicholson explained that of the entire parcel, only 108 acres is within City boundaries. A small sliver of 1.7 acres will have to be annexed. The General Plan designates the area as low density residential, up to four units per acre, and the proposed plan is for 3.7 units per acre. The applicant is proposing 116 separate detached single family units, 134 twin home units, 116 four-plex units , and 26 village units which are small detached homes in a cluster arrangement. The multiple family units are designed to be like large homes. Two swimming pools and a recreation area is proposed. The project will contain two miles of pedestrian trails, street lights throughout on public and private streets, and a homeowners association. The plan is conceptual at the present time, and the applicant will be back with a preliminary plan. The Hillside Review Board recommends approval of the hillside development permit. The Planning Commission recommends approval subject to providing a second access for the private drive at the northeast vicinity of the project, and traffic impact study recommendations.

Guy Haskell, applicant, advised that he has acquired property for the road and will add this area to the annexation. He advised that the name of the project was ?Tuscan Hills?.

Mayor Pro Tem Gardner opened the public hearing.

Rob Reid, of Rosenberg Associates, explained that there is a discrepancy with the block walls, and along the frontage of Plantations Drive the lots are double loaded and typical PD requirements require block walls. He stated he would prefer to have landscaping and a berm to get away from the hardscape. He requested that block walls not be required to frame the entire site.

Community Development Bob Nicholson commented that staff supports the request, and landscaping and berming is the preference.

There being no further public comment, Mayor Pro Tem Gardner closed the public hearing.

MOTION: A motion was made by Council Member Bunker to approve the zone change by ordinance subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Orton.

VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:

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July 1, 2004
Page Six

Council Member Bunker - aye
Council Member Orton - aye
Council Member Allen - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

City Attorney Shawn Guzman asked that the minutes reflect that the developer has acquired the property and will present a petition for annexation so that the roadway can be installed as presented on the plan at this meeting.

Mayor Pro Tem Gardner invited several Scouts in the audience to introduce themselves.

REQUEST FOR REDUCTION IN ASSESSMENT:
Consider a request for reduction of assessment for property in the Little Valley SID. Teresa Payton, applicant.

Mayor Pro Tem Gardner advised that he was contacted with regard to delaying this discussion until the next work meeting so that additional information could be brought forward.

Marc Mortensen advised that the item would be scheduled on the next work meeting agenda.

MOTION: A motion was made by Council Member Allen to continue the item.

SECOND: The motion was seconded by Council Member Bunker.

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

INSTALL REUSE LINE:
Consider approval of a proposal to install a segment of reuse line.

Marc Mortensen explained that the Olive Grove development is improving its frontage, and the City would like to take advantage of this opportunity and install a segment of reuse line along Dixie Drive.

Scott Taylor advised that City would like to install 2,500 ft. of reuse line.

Mayor Pro Tem Gardner advised that this installation would complete the line from the new bridge to Green Valley where the storage ponds would be.

MOTION: A motion was made by Council Member Orton to approve installation of the reuse line.

SECOND: The motion was seconded by Council Member Bunker.

The cost of the project is $392,621.

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

REIMBURSEMENT AGREEMENT:
Consider approval of a reimbursement agreement for Airport Road improvements with Tonaquint, Inc.

Public Works Director Larry Bulloch explained that when the Black Ridge Road improvements were completed, and the roadway dedication plat filed, it included a future street for access to the south end of the airport. A section of adjacent property had to be accessed which was owned by Tonaquint. In exchange for the right-of-way, the City agreed to help improve the road when the property was developed. The Menlove dealership is currently being developed and the City is being asked to make good on its commitment. The proposed agreement puts in writing the terms of what was agreed to earlier. The City will pay for the asphalt, curb and gutter, drainage, earthwork, engineering, and half of the landscaping. The estimate for this is $258,000, but the City will pay for the actual cost based on quantities when the roadway is completed. One finger of the proposed roadway has a 40% slope, but the ordinance allows isolated areas of steeper hillside unique from the surrounding area to be developed. He stated he felt confident compliance could be had with the ordinance.
He commented that the City Manager questioned this, but stated he felt confident the ordinance could be satisfied, and the City Council was the ultimate decision maker.



St. George City Council Minutes
July 1, 2004
Page Seven

Council Member Orton commented that the City needed to be consistent with all development. He inquired of Mr. Bulloch if development of the 40% slope would be consistent with all other hillside permits issued.

Mr. Bulloch displayed a map of the site, and advised that the 40% slope area comprised only 100' of the 1000? roadway.

Council Member Orton inquired of Mr. Bulloch if the City was obligated regardless if the roadway could be developed or not.

Mr. Bulloch replied that it was determined two years ago that this project was reasonable and it was prudent to move ahead.

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

SECOND: The motion was seconded by Council Member Allen.

City Attorney Shawn Guzman commented that he had not had the opportunity to speak with the City Manager who had concerns about being able to get to the top without violating the ordinance. He inquired of Mr. Bulloch if he was comfortable with the proposal and felt hillside approval could be obtained.

Mr. Bulloch replied that the decision was made two years ago, and it would be inappropriate for the City to change its mind.

Mr. Guzman commented that it was his understanding that there are still concerns and all issues have not been resolved, and the City still did not know whether or not the roadway could be built.

Mayor Pro Tem Gardner clarified that the City obligated itself for the lower portion of the road, but it needed to consider whether or not to take the roadway further up the hill.

Mr. Bulloch replied that the upper portion of the roadway had been engineered, and the Community Development Director judged that it would be consistent with the ordinance. The City is now ready to begin construction.

Mayor Pro Tem Gardner commented that the City was obligated to help with the roadway.

City Attorney Shawn Guzman commented that while the City would live up to its commitment on the lower end of the road, he was uncomfortable stating that the upper portion could be built given the concerns of the City Manager.

Marc Mortensen inquired of Mr. Bulloch if there were other areas in the City where a hillside development permit was approved for a sliver or finger of property with a 40% slope area.

Mr. Bulloch replied that there were.

Council Member Orton inquired of Mr. Bulloch if the City would still owe the money to Tonaquint if the road were not built.

Mr. Bulloch replied that the City would still owe the money because it made a commitment.

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

DEVELOPMENT AGREEMENT:
Consider approval of a development agreement with the Masonic Lodge.

Marc Mortensen explained that in 1999 the plans for the project were submitted, and they are just now beginning to move on the project. Since then the Rebel Creek Ridge project has been built and a traffic study was required for the right hand turn lane. The Lodge has approached the City asking that the City participate in the cost of improvements. Staff recommends approval of the development agreement without paying for the cost of improvements along the frontage. This cost should be taken care of by Rebel Creek Ridge who is responsible for putting in the right hand turn lane.

City Engineer Dave Demas advised that even though the site plan for the Masonic Lodge was approved, they are now willing to give up property if someone else pays for the improvements.

MOTION: A motion was made by Council Member Allen to approve the development agreement.

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July 1, 2004
Page Eight

SECOND: The motion was seconded by Council Member Bunker.

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

DEVELOPMENT AGREEMENT:
Consider approval of a development agreement with the River Road Commercial
Center.

Marc Mortensen explained that the agreement will prevent the Settlers RV Park from being landlocked and allows for a second access, if needed.

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

SECOND: The motion was seconded by Council Member Bunker.

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

MENLOVE LIGHTING DISCUSSION:
Council Member Orton commented he thought the City Council was going to go out on site.

Community Development Director Bob Nicholson commented that the City had no lighting standard, and it is a judgment call if the lighting is appropriate or not.

Council Member Allen commented that the recommended numbers did not mean anything unless the lighting could be seen.

Mayor Pro Tem Gardner commented it would be appropriate to hear comments, and then postpone any action, if necessary.

Council Member Orton commented that the proposed site was an entrance to the City, and he was not sure he felt capable of making a decision from numbers provided on a piece of paper.

Marc Mortensen commented that Ray Snyder has experience in lighting, and it might be insightful for the City Council to allow him to address the issue.

Mr. Vincent, owner of the Menlove dealership, commented that when this issue was originally discussed, there was concern about direct lighting, not the down lighting. The issue now is the lighting down on the lot, and is a much different issue. He expressed frustration, and commented that it was common to have substantially higher lighting.

Council Member Allen commented that the City Council, as well as neighbors, are concerned with the lighting, and the site is very visible and is an entrance to the City. According to the minutes, other issues besides direct lighting were discussed at the last City Council meeting, and while the City Council does not wish to slow down the project, the applicant needs to understand the City Council?s concerns.

Kerry Johnson, KV Electric, explained that lighting is subjective and can be defined in a number of ways. One way is by foot candles which is the intensity of the light when metered. Most showrooms are in excess of 100 foot candles, while offices have 40-50 foot candles. Most car dealerships in town have 70-80 foot candles on the front row, diminishing toward the back. As the subject property rises, the lighting level will diminish. The lighting is directed away from residential neighborhoods and toward the back of the hill. The plan is to have 30 foot poles 60 feet apart, and if the total wattage is added up, it is less on the front row than the Honda dealership. The proposed lighting will show a peak of 60 and an average of 40. The light diminishes over the life of the lamps. If 30 foot candles are required, this will decrease to 15 foot candles in ten years, and it is not fair to measure a new dealership against a dealership with lights that are ten years old.

Mayor Pro Tem Gardner commented that the City had no intention of suggesting that the dealership should survive in darkness, but needed to be proactive in making sure the lights were as non-obtrusive as possible.

Mr. Johnson commented that if the lighting levels were reduced, it would not be too bad the first five to ten years, but after that they would be real dim, as that is the nature of HIV fixtures.

Mayor Pro Tem Gardner inquired of staff is there was any reason why the applicant could not proceed with obtaining a building permit and begin construction while this issue was being resolved as long as there was an understanding that the matter had to be resolved before placement of any lights.

St. George City Council Minutes
July 1, 2004
Page Nine

Mr. Vincent replied that at the proposed lighting levels, he would have to incur additional expense by replacing the lights sooner than normal to keep the lighting levels up. To require lower lighting levels would not make sense.

Council Member Bunker inquired if there would be the possibility of redoing the lights if needed.

Mr. Vincent replied that there would not be a possibility because the lighting was already so low and the poles so spread apart.

Mayor Pro Tem Gardner commented that the applicant already made concessions by increasing the distance between the poles by 100%.

Kerry Johnson commented that the proposal is for half the lighting of the Honda dealership. He urged the City Council not to get hung up on foot candles because glare was more important, and the proposed fixtures are dark sky compliant full cut-off fixtures.

Council Member Orton commented a site visit was needed.

Kerry Johnson advised that the present car dealerships in the City do not have dark sky compliant fixtures as most are ten years old.

Ray Snyder advised that Menlove came before the City Council on April 15 for a zone change. One of the items discussed was lighting. After that, staff received plan checks to look at the site, but they were not seen again until May 18. They were reviewed and sent out on May 25. However, the City still had not received some of the plans requested, and awaited submittal. On June 11 the City received the plans, and since that time three photometric plans have been received. Staff feels there has been significant improvement compared to the second version, and while he was not a lighting expert, the applicant has eliminated 14 poles up front down to nine, which is a significant drop in lighting level. Staff still has not seen the relationship between the property line and site to see how the levels have dropped, but totally supports the dark sky lighting as proposed. He advised that he measured, by light meter, other car dealerships. Staff has requested that the lighting not exceed 30 foot candles in the front row, but did not take into consideration the light levels in five to ten years from now when the lights dim. Staff recommends establishing a standard. Staff is concerned about light spillage, avoiding glare on the neighbors, and preservation of the night sky from further light pollution. Consideration should be given to decreasing levels of lighting during certain hours of operation. Staff would like something from the developer limiting the foot candles. Other issues needing to be addressed are searchlights, moving lights, exterior mounted lighting and security lighting.

Mr. Vincent commented that it would be too expensive to keep the lights on all night, and they would be shut off around 1:00 a.m. Security lighting would remain on.

Council Member Allen inquired why the lights would be left on after the facility closed.

Mr. Vincent replied that a lot of people come to the lot until that time, and employees remain until the last deal is done.

Council Member Orton commented that other dealers leave their lights on 24 hours a day.

Kerry Johnson commented that the City?s street lights will create more of a glare than the dealership lights.

Council Member Allen replied that street lights are needed for safety reasons.

Council Member Orton commented that he was not comfortable with the proposed lighting.

Council Member Allen commented that she would like to actually see the proposed lighting levels. She inquired about the lighting levels of a Walmart parking lot.

Kerry Johnson commented that the lighting of Walmart could not be compared with lighting for a car dealership as the lighting at a Walmart is for safety, not display, and is completely different.

Mayor Pro Tem Gardner commented that with the concessions made and the applicant?s willingness to use hooded lights, the night sky is protected. It is not the City?s intent to suggest that the applicant should not light up his business in order to make it profitable. He stated he thought the applicant had addressed and accomplished what the City was concerned about.

St. George City Council Minutes
July 1, 2004
Page Ten

Council Member Allen suggested there should be a happy medium between the very high light readings of 40 at the Ford dealership, and other dealerships with a high reading of 13. She commented she did not feel a decision could be made at this meeting.

Mayor Pro Tem Gardner commented he was concerned that it was unfair to stall the applicant without a decision, and a timely decision was needed. He stated he hated to delay the decision for more than a week.

Council Member Allen commented that the City Council was not picking on the applicant, but the prominence of the location is a concern.

Council Member Orton asked Marc Mortensen to speak with an expert on lighting for his opinion. The issue would be discussed at the next meeting.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held June 3, 2004.

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

SECOND: The motion was seconded by Council Member Allen.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Orton to adjourn to an executive session to discuss property purchases and litigation.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Bunker - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

The meeting adjourned upon the conclusion of the executive session.


_______________________________________
Gay Cragun, City Recorder