City Council Minutes

Thursday, October 7,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 7, 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 Gary Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Gary Esplin, and the invocation was offered by Pastor Mark Gering of the New Life Christian Center.

PROCLAMATION:
Mayor McArthur read a proclamation declaring October, 2004 as Domestic Violence Awareness Month.

Greg Lobel, Chairman of the Washington County Domestic Violation Coalition, briefly explained the purpose of the Coalition and advised that a candlelight vigil would be held on the steps of the Fifth District Court. He then introduced the members of the Coalition.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in the audience to introduce themselves and recite the Scout oath.

DEBRIS-FREE DIXIE DAY:
Mayor McArthur announced that October 9 is Debris-Free Dixie Day for the west side of the City, and on October 23 for the east side of the City. If help is needed from City crews, citizens are advised to call the City Office to coordinate pick-up.

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

City Manager Gary Esplin advised that the financial statement is for the second month of the new fiscal year, and the City is in good financial condition.

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

SECOND: The motion was seconded by Council Member Gardner.

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

BID OPENING:
Consider award of a blanket contract for mega lugs and fittings for the Water Services Department.

Purchasing Agent Sue Swensen presented two bids received:

Mountainland $75,094
Scholzen $80,132.09

She recommended award of the bid to the low bidder, Mountainland, in the amount of $75,094.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Mountainland, in the amount of $75,094.

SECOND: The motion was seconded by Council Member Gardner.

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

AWARD OF BID:
Consider approval of a sole source purchase of parts for the Enterprise engine at the diesel plant.

Purchasing Agent Sue Swensen recommended purchase of piston rings, o-ring seals, cylinder heads, and reconditioning of cylinder liners for the Enterprise engine from the sole source supplier, Cooper Compression, in the amount of $61,000.


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October 7, 2004
Page Two

Energy Services Director Phil Solomon explained that a new engine costs $7 million. Last summer the engine failed due to a bearing failure. During off-peak periods all bearings will be replaced as part of a preventive maintenance programand this is what the parts will be used for.

MOTION: A motion was made by Council Member Gardner to purchase the parts from Cooper Compression in the amount of $61,000.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for the construction of Slick Rock Park.

Purchasing Agent Sue Swensen presented two bids received:

Arnell West $461,260
Bird Construction $514,224

She recommended award of the bid to the low bidder, Arnell West, in the amount of $461,260. Irrigation is included in the landscaping, and the timeline is 30 days out.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Arnell West, in the amount of $461,260.

SECOND: The motion was seconded by Council Member Allen.

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

City Manager Gary Esplin explained that two rock climbing walls have been purchased for this park, and completion of the park is expected in 120 days.

AWARD OF BID:
Consider award of bid for powder activated carbon for the Water Services Department.

Purchasing Agent Sue Swensen explained that an estimated 2,000 pounds of carbon will be needed for the next year. Five bids were received, as follows:

Thatcher Chemical $62,000
American Carbon Serv. $96,000
L.A. Chemical $121,000
Polydyne No bid
Norit Americas $63,000

She recommended award of the bid to the low bidder, Thatcher Chemical, in the amount of $62,000.

Quail Creek Water Treatment Plant Superintendent Hank Childers explained that the amount of carbon needed depends on the raw water quality; the more algae in the water, the higher the dose of carbon is needed.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Thatcher Chemical, in the amount of $62,000.

SECOND: The motion was seconded by Council Member Bunker.

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

BEER LICENSE:
Consider approval of a beer license for Sunmart 952. John W. Cook, Petroleum Wholesale, applicant.

City Manager Gary Esplin explained that the business has been purchased by a new owner and there is an existing beer license at this location.

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

SECOND: The motion was seconded by Council Member Bunker.

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



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MOBILE CATERING LICENSE:
Consider approval of a mobile catering license for El Taco Loco Catering. Dascual Diaz, applicant.

City Manager Gary Esplin explained that the application is in order and staff recommends approval, with the reminder that mobile catering can take place only in commercial areas and not in residential areas.

Council Member Orton declared a conflict of interest and explained that he leases the facility to the applicant where he does business.

Dascual Diaz, applicant, introduced himself and explained that his would be the first catering truck in the City where the cooking would take place in the truck.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a Halloween party at Fiesta Fun Center on October 23. Brett Crockett, Fiesta Fun Center, applicant.

City Manager Gary Esplin explained that the application is in order and recommended approval subject to approval of the security plan by the Police Department.

Laura Woolsey, Business License Officer, advised that Lorin Johnson of the Police Department has approved the security plan. He requests that security personnel at the event wear shirts identifying them as security.

MOTION: A motion was made by Council Member Gardner to approve the special event permit as recommended by the Police Department.

SECOND: The motion was seconded by Council Member Whatcott.

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

Mayor McArthur inquired when another road would be built in this area to relieve congestion at the high school and middle school.

City Manager Gary Esplin replied that as soon as the Meadows constructs its next phase, a road will be required which will hook up at the front of City property to help relieve congestion in this area.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a small building for the American Legion to be located behind the Senior Citizen Center at 245 North 200 West. St. George City/Washington County, applicants.

Assistant Planner Ray Snyder explained that the Planning Commission recommended approval of the request to construct the building on property owned by the Senior Citizen Center, subject to the following recommendations:

1. 30% landscaping shall be maintained.
2. Building materials shall consist of:
A. Exterior walls: stucco
B. Exterior walls color: to match the Senior Center
C. Roof material: concrete tile
D. Roof color: to match the Senior Center
E. Building height: 16 ft. to roof peak
F. Provide a decorative gable entry to be compatible with the Senior Center design.
G. Coined corners of building to be of different colors.
H. The main entry to the building and the door to the Memorabilia Room are to match.

The applicant proposes seven parking spaces in front of the building. The Planning Commission felt that parking would be self-regulated by the Senior Center who will schedule all events. There is also additional parking available at the Catholic Church. One neighbor expressed opposition to the proposal because he felt the building?s appearance would conflict with a nearby historical building.

David Patterson, Deputy County Attorney, explained that the project is a joint one between the City and County to accommodate the American Legion, as well as other

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October 7, 2004
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civic groups. The County Commission decided that the Senior Center should be used for senior activity only and not for outside groups. The parking situation was been addressed, and it is felt that the peak use would be in the evening hours. The American Legion is currently using the Senior Center on a temporary basis, and the parking has worked out fine and there have been no conflicts. He stated he did not believe a shared parking agreement would be applicable, as the County owns all the parking area, and the City will lease it at a nominal charge and maintain the buildings. There is ample parking, and events can be scheduled, coordinated, and controlled by the City and County for use of the buildings.

Council Member Orton inquired if there was now a parking problem at any time of the day.

Mr. Patterson replied that he was not aware of any, and that an agreement has been made with the Catholic Church for use of their adjacent parking lot in any event. He reiterated that the building is not for the sole use of the American Legion, and they will have to work their schedule around other groups who will also use the building.

City Attorney Shawn Guzman clarified that the City would be handling scheduling of the building.

Mr. Patterson advised that all conditions recommended by the Planning Commission have been taken into account and will be taken care of.

Bob Coulter, representing Washington County, explained that the floor plan had to be changed and doors changed to the north side of the building. The emergency exit will now be in the east side of the building. All colors will match the existing Senior Center. Last year the Senior Center fed 400 people every day and there was still vacant parking.
A flood light will be installed on the north end, and not on the west and south because of nearby houses. The building does not have windows on its west and south sides. There will be a light over each door. The building will also have pop-outs on the windows and corners of the building.

MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Allen.

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

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amending Title 10, Chapter 18, St. George City Code, to address the height and location of walls and fences on corner lots.

Community Development Director Bob Nicholson explained that the present ordinance prohibits 6' walls in the side yard except when three conditions exist. The City does not require permits for fences and walls and as a result many walls violate the current provisions. This has become a real enforcement problem. He read the proposed changes to the code as recommended by the Planning Commission:

1. On corner lots, a fence or wall not to exceed 6' may be erected along rear and interior side lots line, but shall not be erected in the front yard or side yard setback to a height in excess of four feet, except on a corner lot in a side yard setback which fronts on a public street. A 6' fence or wall is then allowed provided such fence or wall is a minimum of ten feet behind the front line of the dwelling and that such wall or fence is set back at least fifteen feet from the sidewalk along the sideyard area.

2. In all zones requiring a front yard setback, no obstruction to view in excess of three feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points thirty feet from the intersection of the property lines.

He then showed slides of several walls throughout the City.

A discussion took place with regard to sight obstructions, aesthetics, and how to deal with fences and walls which are in violation of the current ordinance.

Council Member Whatcott commented that the new changes would result in a lot of lost value on corner lots because the owner would lose the ability to use the lot.

Community Development Director Bob Nicholson explained that the Planning Commission discussed the possibility of lowering the 4' wall to 3.5' if it extends all the way to the sidewalk for better sight distance.

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Mayor McArthur opened the public hearing.

Carol Sapp, representing the Southern Utah Homebuilders Association, commented that a 10' setback rather than a 15' setback still looks nice and appears to accomplish what the City wants to accomplish.

Eric Woodward explained that he purchased a corner lot and was not aware of the setback rules. He stated that a 10' setback would provide aesthetics and also allow enough of a break between the road for placement of trees and sprinklers. A homeowner would be more willing to have a 6' high fence 10' from the sidewalk and then landscape that 10' area.

Thomas Hall explained he purchased a corner lot 12 years ago and he felt he was covered by the U. S. Constitution and ordinance in effect at the time he purchased his lot. He stated that this is the way he would proceed if he built a wall. The U. S. Supreme Court does not give much consideration to laws and ordinances based on aesthetics, and if the Council is concerned about safety and the blocking of sight distances by fences and walls, it should also prohibit trees and shrubs which block the sight distance. He suggested that the ordinance currently in place be removed and let people do what they want with their own property. The City has not shown any accidents due to 6' walls that extend to the sidewalk, and corner lot owners are entitled to equal protection under the law according to the U. S. Constitution. He commented that if the City takes property, it is required to compensate the owners for it. He also inquired how a person was supposed to conserve water when landscaping on the other side of a wall when they could not see the landscaping.

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

Council Member Allen commented that sight distance would be severely hampered by a 6' wall next to a sidewalk, and would be dangerous when backing out of a driveway. She commented she could not imagine anything worse than backing out of a driveway and running over a child, and for this reason the City should be proactive, not reactive.

Council Member Orton inquired if another public hearing would be necessary if the City Council wanted to also exclude 4' fences from extending to the sidewalk.

City Attorney Shawn Guzman responded that the public hearing is being held on fence issues, and exact language is not required. If something comes out of the public hearing which is significant and the City Council wants to change the proposed language, it can do so.

Council Member Orton commented that he was not opposed to approving the ordinance as presented, but more improvements to it needed to be made and it should continue to be looked at.

Council Member Bunker inquired about chain link fences.

Council Member Whatcott inquired about enclosures required for swimming pools.

Council Member Orton commented that it would not be fair to prohibit corner lots from bringing out a 4' fence to the sidewalk and then allow someone in the middle of the block to do so.

Council Member Allen inquired if another public hearing would be necessary if the City Council wanted to look at other portions of the fencing ordinance.

City Attorney Shawn Guzman replied that another public hearing would not be necessary and the City Council could modify the proposed ordinance.

Council Member Gardner expressed concern that there were a lot of situations that had not been addressed.

Enforcement Officer Brad Young commented that the provisions with regard to walls and fences were confusing and difficult to enforce.

Council Member Gardner inquired what problems would be created by requiring that a 4' fence be set back 10' from the sidewalk.

Mr. Young replied that this would create considerable conflict as there are many walls that step down to the sidewalk.

Council Member Orton inquired about walls that run parallel to the sidewalk.

Mr. Young replied that walls closer than 1' to the sidewalk are prohibited. There are not very many walls which run parallel with the sidewalk.

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October 7, 2004
Page Six

MOTION: A motion was made by Council Member Orton to prohibit walls and fences on corner lots which run parallel with the sidewalk within 10' of the sidewalk.

SECOND: The motion was seconded by Council Member Allen.

After discussion, Council Member Orton restated his motion, as follows:

RESTATED MOTION: A motion was made by Council Member Orton to prohibit walls or fences within 10' of the sidewalk on all lots, and to prohibit walls or fences running parallel to the sidewalk within 10' of the sidewalk.

SECOND: The motion was seconded by Council Member Allen.

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


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

The vote was unanimous and the motion carried.

Gail Maxwell inquired about retaining walls.

Mayor McArthur and Council Member Orton replied that retaining walls were a different matter.

Council Member Whatcott inquired about putting a fence or wall on top of a retaining wall.

Mayor McArthur replied that if a fence or wall is put on top of a retaining wall, it would have to be 10' from the sidewalk.

Community Development Director Bob Nicholson inquired about picket fences.

Carol Sapp inquired about wrought iron fences.

Mr. Nicholson commented that the ordinance will stipulate that see-through decorative fences would be allowed, but solid masonry fences would not.

City Attorney Shawn Guzman advised that if an exception is made for see-through fences, the amendment should specify to what degree the fence is see-through as there are many different types of fences. He advised that he would work with staff on this issue.

Council Member Orton commented that as problems arose, changes to the ordinance could be taken through the process.

City Attorney Shawn Guzman advised that a requirement for a fence permit should be contained in the ordinance. If the Council so chooses, he could meet with staff to draft an additional ordinance and hold another public hearing.

MOTION: A motion was made by Council Member Whatcott to have staff look at creating a fence permit provision and bring it back to the next meeting for consideration. He included in his motion a provision that no picket fences be allowed in the front yard for the time being, and staff would have a new ordinance for presentation to the City Council in 30 days.

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur called for a five minute recess.

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October 7, 2004
Page Seven

DEBRIS-FREE DIXIE DAYS:
Mayor McArthur again announced that as a part of Debris-Free Dixie Day, dumpsters would be placed at certain locations throughout the City, but advised that tires and petroleum products would not be accepted. If additional help is needed, citizens can call the City Office to schedule City crews for pick-up on October 9 and 23 from 7:00 a.m. until 12:00 noon. If a group has a service project, garbage bags will be provided. The Reuse Center will also be open from 7:30 a.m. until 5:30 p.m. on the 9th and 23rd for disposal of green waste.

Council Member Allen reminded that palm fronds and pampas grass cannot be taken to the Reuse Center.

Mayor McArthur advised that tires can be taken to a tire center, or to the landfill for a fee. Up to five gallons of petroleum product can be taken to Checker Auto or businesses where oil is changed.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 28, 2004, recommended that public hearings be scheduled for November 4 at 5:00 p.m. to consider:

1. Amending the road master plan for minor modifications throughout the community with significant changes to the South Block and Ledges area.
2. A zone change from MG to PD Residential on 1,093 acres located at SR18 south of Winchester Hills. Randy Deschamps, applicant.
3. A zone change from R-1-10 to PD Commercial on 4.13 acres and amending the existing adjacent PD Commercial zone to incorporate both areas within the same PD located southwest of 1600 South Street and Dixie Drive intersection. Kent Garrett, agent.
4. A zone change from A-1 to R-1-10 on 5.011 acres located at 2160 East and 2450 South. Denice Hughes, applicant.

MOTION: A motion was made by Council Member Allen to schedule the public hearings as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Orton.

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

MODIFICATION TO ZONING CONDITION:
Consider a request to allow three lots in the Avallon at Meadowood Subdivision
to have two story homes rather than one story homes. Clayton Leavitt, applicant.

Associate Planner Mark Bradley explained that the Planning Commission recommended approval of the applicant?s request to modify two zoning conditions for lots within the Avallon at Meadowood Phase 3 Subdivision to (1) allow lots 40, 41, and 43 to be built as two story homes with a 25 ft. rear yard setback, and (2) to allow Lots 37 and 38 (with one story homes) to have a 15 ft. rear yard setback rather than 20 ft. When this property came through earlier for a zone change, the applicant committed to single story homes with 20 ft. rear setbacks adjacent to the Vista Del Sol Subdivision because of the topography. Several letters of opposition have been received, however, a representative from the Vista Del Sol Homeowners Association advises they now support the request.

Clayton Leavitt, applicant explained that he met with the neighborhood several times to discuss the issues. Once the neighborhood realized the two story homes would only be 4' higher than the single story homes, it was not an issue. The two story homes are being proposed for three lots only.

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

SECOND: The motion was seconded by Council Member Whatcott.

VOTE: Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Bunker - no

The motion carried.



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October 7, 2004
Page Eight

FINAL PLATS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 28, 2004, recommended approval of the following final plats:

1. Jedora Estates Phase 2
2. Crimson Cliffs Phase 3
3. Blackrock Condominiums at Stonebridge Phase 5
4. Sun River at St. George Phase 11
5. Sun River at St. George Phase 12
6. Tonaquint Hills Phase 1, subject to final review by staff and any necessary changes required to be made from the review

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

SECOND: The motion was seconded by Council Member Gardner.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 28, 2004, recommended approval of the preliminary plat for Pecan Ridge subject to the site complying with all zoning regulations of the R-1-10 zone. The existing shed needs to be addressed, as well as other non-conforming items.

Will Powell, applicant, advised that the shed will be moved.

City Manager Gary Esplin advised that before the final plat is recorded, the SID assessment must be taken care of.

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

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur 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 September 28, 2004, recommended approval of the preliminary plat for Sun Chase Business Park subject to no additional grading/disturbance beyond the property line.
The site is located outside of the original Ft. Pearce Subdivision but is on State Trust lands and consists of six building sites. The buildings will be condominiumized for individual ownership.

City Manager Gary Esplin explained that there was not a minimum lot size for this property, and no plat was recorded to show the actual sizes of the lots.

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

SECOND: The motion was seconded by Council Member Gardner.

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

MODIFICATION TO SITE PLAN:
Assistant Planner Ray Snyder explained that the request is to modify a previously approved site plan for Sprinkler Supply Company located within a PD Commercial zone at the southeast corner of the intersection of 1600 South Street and Blackridge Drive. On September 23 staff performed a plan check and discovered that the plan did not match the configuration approved by the City Council. The plan was changed due to poor soil conditions. Staff and the Planning Commission recommend approval subject to the following conditions:

(New)
1. Storage shall not exceed 4' in height.
2. Storage shall be kept behind a 6' solid block wall.
3. The storage area shall be restricted to the area south of the new building?s proposed location.

(Previous)
4. The building shall have brown earth tone block instead of the gray as shown on the plans.
5. The band of smooth face block shall be of contrasting brown earth tone instead of blue.
6. There shall be on a sign on the building only.

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October 7, 2004
Page Nine

Council Member Whatcott commented that Blackridge Drive is higher than the building, and part of the reason the initial plan was accepted was because it blocked the outside storage yard from view. If the building is moved, the outside storage will be able to be seen.

Jacob Romner and Terry Chivers, representing Sprinkler Supply, explained that while they agreed with the original stipulations placed on the project, they object to the new conditions. The storage lot area cannot be screened, but storage will not be placed over the entire area. They would like to build a small block wall from the edge of the southwest corner of the building and a chain link fence to secure the site. They would like to retain the originally planned chain link fence with slats. As far as the view, a block wall would not accomplish anything more than a chain link fence.

Mayor McArthur commented that slats in a chain link fence deteriorate over time.

Mr. Romner replied that Sprinkler Supply is a first class business and they would not let that happen.

Mr. Chivers commented that by the time they leave a 20' opening, only two small chunks of wall will be required.

Mr. Romner explained that landscaping is proposed in front of the slatted fence for aesthetics. A block wall would cause operational problems because more area for storage is needed. There would be no storage of items above the fence. The owner is willing to build a retaining wall, but an additional block wall would be too expensive.

MOTION: A motion was made by Council Member Gardner to approve the request under the original conditions.

Mayor McArthur noted that the motion died for lack of a second.

Council Member Whatcott stated that he did not want a chain link fence along Black Ridge Drive. However, something must be done to hold back the dirt, and there would not be a security issue if a retaining wall were built.

Community Development Director Bob Nicholson explained that in commercial zones, materials are required to be stored behind a solid fence or wall. Chain link fence with slats is not considered a solid fence.

City Manager Gary Esplin commented that he did not want to see a wall on Black Ridge Drive and would prefer the wall be located down off the hill.

Council Member Whatcott commented in that event, the applicant could build a retaining wall with landscaping on top and then a block wall would not be needed.

Mr. Romner replied that just a retaining wall would pose a security problem.

City Manager Gary Esplin commented that a block wall could be constructed 25' back from the property line, and on the east side of the property a block wall could be constructed, with the rest left open for storage.

MOTION: Council Member Gardner made a motion to approve the modification to the site plan, with the stipulation that a block wall has to be constructed 25' back from the property line on top, or could be put at the bottom, and the wall must be a block wall or cement retaining wall. New requirements no. 1 and 3 are deleted.

Council Member Orton suggested that requirement no. 1 be replaced with the stipulation that storage may be placed no higher than 6'.

AMENDED MOTION: Council Member Gardner agreed to add this stipulation to his motion.

SECOND: The motion was seconded by Council Member Bunker.

MOTION CLARIFIED: Council Member Gardner clarified that his motion included the following: The new building position is approved, with the original stipulations. The wall which runs north and south parallel to Black Ridge Drive has to be set back at least 25' from the property line, and the applicant can choose to build it on top or on the bottom. The wall must be cement or block. The wall running east and west on the north side must be of the same material, with a gate, and on the east side of the gate a block wall to the building, and on the south side of the building to the north side of

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October 7, 2004
Page Ten

the building there is to be another block wall. Storage will not be stacked higher than 6', and no interior wall is required.

Mayor McArthur commented that in other words, a block wall is required all the way around.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a parking lot in an R-1-10 zone at 2260 E. Red Cliffs Drive for the Trinity Lutheran Church. Trinity Lutheran Church, applicant.

Assistant Planner Ray Snyder explained that this matter came before the Planning Commission twice because the Planning Commission requested more detail on the landscaping and parking lot, and because they were concerned about traffic and sight distances on Panorama Parkway. Several residents felt the parking lot would be detrimental to children?s safety. City Engineering staff analyzed the site and feels comfortable with the request to expand the parking lot. In the past access has been solely on Red Cliffs Drive. The applicant will install a driveway to Panorama Parkway, curb, gutter and sidewalk, and add 22 parking spaces. This will improve traffic circulation in the area. The Planning Commission recommended approval on a seven to one vote with the stipulation that the two lots be legally combined into one lot, and the parking lot, landscaping, and sidewalk installed per the plans.

Fred Keebler, representing Trinity Lutheran Church, advised that he agreed with the Planning Commission?s recommendations. He explained that a gate will be installed so that traffic does not use the parking lot as a thoroughfare or short-cut.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Orton.

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

Council Member Allen suggested that a ?Children At Play? sign be installed or a speed limit sign because of the curve in the road.

Mayor McArthur advised that a ?Children At Play? sign would be installed.

PENDING ORDINANCE:
Consider approval of a pending ordinance for the Sand Town area of the City while considering a RCC zone for the area.

Paul Bottema explained that he would like a pending ordinance for RCC Zoning to be approved for the Sand Town area of the City from the Red Hill to 200 East to the Blvd. to Bluff Street.

Community Development Director Bob Nicholson advised that this area is currently zoned R-2.

Mr. Bottema explained the purpose of this zoning is to promote single family homes.

MOTION: A motion was made by Council Member Gardner to invoke the pending ordinance doctrine.

City Manager Gary Esplin suggested the motion include a six month time limit, during which time staff should be able to do all analyses required and hold the public hearing.

AMENDED MOTION: Council Member Gardner agreed to include a six month time limit on the pending ordinance.

City Manager Gary Esplin explained that during the term of the pending ordinance, no new projects in this area would be approved unless allowed under a RCC zone.

Community Development Director Bob Nicholson explained that Chuck Spilker has already submitted a zone change application for property in this area, and a public hearing has been scheduled.

Mr. Bottema advised that he visited with Mr. Spilker and improvements have been made to the project which, while not ideal, make it acceptable.


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October 7, 2004
Page Eleven

SECOND: Council Member Whatcott seconded the motion.

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

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

The vote was unanimous and the motion carried.

ROAD CLOSURE:
Consider approval of a road closure on Main Street for a Santa Claus event on November 26, 2004. Tom Kraft, Retailers Association Downtown applicant.

City Manager Gary Esplin commented that staff recommends approval.

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

SECOND: The motion was seconded by Council Member Bunker.

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

City Manager Gary Esplin suggested the flexibility be allowed in order for the applicant to set up for the event.

AGREEMENT:
Consider approval of an agreement to participate in the pre-construction or development of the proposed DGT 86 MW unit.

City Manager Gary Esplin advised that the agreement has been reviewed by the City Attorney, and staff recommends approval. The City would be taking 30 MW.

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

SECOND: The motion was seconded by Council Member Orton.

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

LEASE:
Consider approval of a federal real property lease with the U. S. General Services Administration at the airport.

City Manager Gary Esplin explained that the TSA would like to rent the upstairs at the Rivers Aviation building. The lease rate will be $18,374.40 a year. Security concerns have been alleviated with the building of a fence.

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

SECOND: The motion was seconded by Council Member Orton.

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

NAME ROAD:
Consider approval of a name for the road at Ft. Pearce Wash and River Road.

City Manager Gary Esplin explained that staff recommends naming the road ?Horseman Road?.

MOTION: A motion was made by Council Member Whatcott to table the matter in order for staff to come up with a more creative name.

SECOND: The motion was seconded by Council Member Allen.

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

RENAME NORTHERN BELTWAY:
Consider renaming the Northern Beltway ?Red Hills Parkway? from Bluff Street to Green Springs Drive.

City Manager Gary Esplin explained that a name is needed for a small portion of Highland Drive past Wendy?s where it ties to the front of the corner. Washington City has agreed to name this roadway in their jurisdiction ?Red Hills Parkway?.

St. George City Council Minutes
October 7, 2004
Page Twelve

MOTION: A motion was made by Council Member Gardner to name this roadway ?Red Hill Parkway?.

SECOND: The motion was seconded by Council Member Orton.

Council Member Allen explained that MPO members would prefer the roadway be named ?Red Hills Parkway?, as Washington City also has red hills.

WITHDRAW SECOND: Council Member Orton withdrew his second.

MOTION: A motion was made by Council Member Allen to name the roadway ?Red Hills Parkway?.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Gardner - no
Council Member Orton - no

The motion carried.

CONTRACT:
Consider approval of a contract with Richard D. Chong and Associates to provide professional services for transit and fleet facilities.

City Manager Gary Esplin explained that an environmental study for an addition to the fleet building must be done. Federal funds will be used to fund the $35,000 study.

Ryan Marshall advised that the City has an opportunity to secure a grant for the project, and in order to do, must show that an environmental analysis was done for noise impacts, issues with the tortoise habitat, soil, etc. The design for the permanent building will include a drive-through bus wash, a canopy, an addition to the Fleet building, and quick lube bays. The contract is for professional design services to create the documentation and contract maintenance.

MOTION: A motion was made by Council Member Bunker to approve the contract.

SECOND: The motion was seconded by Council Member Gardner.

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

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a restaurant liquor license for the Painted Pony restaurant. Nicola Brooke Pace, applicant.

City Manager Gary Esplin advised that staff recommends approval.

MOTION: A motion was made by Council Member Orton to approve the beer license and local consent for a restaurant liquor license.

SECOND: The motion was seconded by Council Member Allen.

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

AGREEMENT:
Consider approval of an agreement with Alpha Engineering Company for design and construction management of a pressurized irrigation system in the Little Valley area.

City Manager Gary Esplin explained that the irrigation system will be used for the Fields complex, a neighborhood park, as well as three future school sites.

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

SECOND: The motion was seconded by Council Member Bunker.

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




St. George City Council Minutes
October 7, 2004
Page Thirteen

AGREEMENT:
Consider approval of an agreement for the Bloomington Park renovation project and second phase of said project.

City Manager Gary Esplin explained that the project was bid out, but bids came back higher than hoped. Staff met with the School District, and timing is a real concern in order to replace the fields in time for Little League season this spring, as well as to use the fields for the City?s softball program. The bidding environment is such that bids are tough to get because there is so much work out there. Because of the timing issue, he recommended that staff be allowed to negotiate with the low bidder on some of the quantities and items used to see if the bid can be brought down closer to a figure which can be recommended to the City Council, rather then rejecting the bids. The bid would then be brought back at a later date to the City Council for formal acceptance.

MOTION: A motion was made by Council Member Gardner to approve further negotiations with the low bidder to see if the bid can be brought down.

SECOND: The motion was seconded by Council Member Orton.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the emergency City Council meeting held August 24, 2004.

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

SECOND: The motion was seconded by Council Member Allen.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held September 9, 2004.

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

SECOND: The motion was seconded by Council Member Bunker.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss a property purchase was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Allen.

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

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye
The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Orton.

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



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Gay Cragun, City Recorder