City Council Minutes

Thursday, January 6,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 6, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Gardner, and the invocation was offered by Pastor Marc Gering of the New Life Christian Center.

Washington County Sheriff Kirk Smith updated the City Council on the current status of the Sheriff?s Department and advised that the Washington County Drug Task Force is doing a great job in maintaining the integrity of the community.

Vonda Larson, Chairwoman of Heritage Days, announced that Heritage Days would beheld January 14-16 in celebration of St. George?s 143rd birthday. She then reviewed the many activities scheduled in celebration of the event.

TABLE ITEMS:
City Manager Gary Esplin advised that Items 3F and 4A to consider approval of an ordinance amending parking regulations, Item 4G to consider approval of an ordinance relating to parking regulations and the definition of an unimproved lot, Item 6C to consider approval of a beer license for a convenience store to be located at 412 E. St. George Blvd., and Item 6M to consider approval of a net metering program for photovoltic systems, would be tabled from the agenda.

ADDENDUM:
Mayor McArthur advised that there was one addendum to the agenda.

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

City Manager Gary Esplin commented that unless there were specific questions, the City was in good financial shape.

Council Member Gardner commented that in November, the water utility report indicates the the City was down $300,000 in revenue, and he inquired if this was due to continued conservation efforts. He stated it was important to keep a cash flow, and that perhaps there should be a follow-up on the City?s conservation efforts.

City Manager Gary Esplin explained that the decline in revenue was due to the wet fall as well as conservation efforts.

Finance Director Phil Peterson explained that a lot of the decline in revenue was strictly weather related as it has been much wetter the last three months than one year ago.

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

SECOND: The motion was seconded by Council Member Orton.

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

BID OPENING:
Consider award of bid for South Bluff waterline replacement project.

Purchasing Agent Sue Swensen explained that the project consists of the installation of 2500 linear feet of 8" pvc pipe, valves, and appurtenances. Four contractors were present at the pre-bid meeting, but only three bids were received, as follows:

Terry Brotherson Exc. $158,617.71
H. E. Davis $194,873.10
John Orton Exc. $225,817.74

She recommended award of the bid to the low bidder, Terry Brotherson Excavation, in the amount of $158,617.71.

Water Services Director Barry Barnum explained that the project would begin on the south end of Bluff at its intersection with Hilton Drive and proceed north for 2500 feet. The reason for the project is that the current line is old and breaks often, and when it does it takes down two to three restaurants and motels.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Terry Brotherson Excavation, in the amount of $158,617.71.


St. George City Council Minutes
January 6, 2005
Page Two

SECOND: The motion was seconded by Council Member Allen.

Council Member Whatcott commented that the low bidder?s bid was much less than the other bids, and he inquired of Mr. Barnum if he was comfortable with the low bidder?s ability to bid.

Mr. Barnum replied that he was comfortable with the bid. The successful bidder is from northern Utah and there is not a lot of work there this time of year.

Council Member Bunker inquired why the unit price was so different from the other two bids.

Ms. Swensen replied that each bidder puts their profit in different places within the bid.

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

AWARD OF BID:
Consider award of bid for a backhoe for the Water Services Department.

Purchasing Agent Sue Swensen explained that five bids were received, but only two were responsive to the specifications, as follows:

Wheeler Machinery $68,300
Scott Machinery $68,546

She recommended award of the bid to the low bidder, Wheeler Machinery, in the amount of $68,300.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Wheeler Machinery, in the amount of $68,300.

SECOND: The motion was seconded by Council Member Bunker.

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

AWARD OF BID:
Consider award of bid for a 2005 one-ton truck for the Energy Services Department.

Purchasing Agent Sue Swensen presented the following bids:

Butterfield Ford $27,042
Young Chevrolet $26,451

She explained that both vendors have a state contract. She recommended award of the bid to the low bidder, Young Chevrolet, in the amount of $26,451. She explained that no bids were received from local vendors even though they were provided an opportunity to bid.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Young Chevrolet, in the amount of $26,451.

SECOND: The motion was seconded by Council Member Gardner.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning an existing 25 foot wide water line easement located within the extension of the Country Lane Estates Subdivision adjacent to Arrowhead Trail in the City of Santa Clara. Rosenberg Associates, applicant.

City Manager Gary Esplin explained that the abandonment is needed in order to install a roadway, and staff recommends approval.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The vote was unanimous and the motion carried.
St. George City Council Minutes
January 6, 2005
Page Three

RESOLUTION:
Consider approval of a resolution abandoning an existing public utility and drainage easement located along Lots 21 and 22 in the Ft. Pearce Business Park Subdivision. Wilding Wallbeds and C & A Construction, applicants.

City Manager Gary Esplin explained that the abandonment will allow the applicant to enlarge its business. Utility easements will remain around the lot, and staff recommends approval.

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

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 Bunker - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning an existing public utility and drainage easement located along a portion of Lots 2 and 3 of the Dias Subdivision Amended. Joseph Hansen, applicant.

City Manager Gary Esplin explained that the location of the subdivision is in the eastern part of the City along the river, and the abandonment would allow the applicant to build on his two lots.

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

SECOND: The motion was seconded by Council Member Bunker.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning an existing public utility and drainage easement located along a portion of Lots 76 and 77 of the St. James Place Phase 4 Subdivision. Todd Vowell, applicant.

City Manager Gary Esplin explained that two lot owners are working together to make their houses work better on the lots. Staff has reviewed the request and recommends approval.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of a beer license for the Entrada at Snow Canyon Country Club. Brian Chadaz, applicant.

City Manager Gary Esplin explained that approval is needed for a change of ownership and a new address, but it is not a new license.

MOTION: A motion was made by Council Member Orton 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.
BEER LICENSE AND LOCAL CONSENT:
Consider approval of a beer license and local consent for a restaurant liquor license for the Hilton Garden Inn restaurant. Rustin Eugene Townsend, applicant.
St. George City Council Minutes
January 6, 2005
Page Four

MOTION: A motion was made by Council Member Whatcott to approve the beer license and local consent.

SECOND: The motion was seconded by Council Member Orton.

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

BEER LICENSE:
Consider approval of a beer license for a convenience store to be located at 412 E. St. George Blvd. Vipul Patel, applicant.

This item was tabled.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held December 14, 2004, recommended that public hearings be scheduled for February 3, 2005 at 5:00 to consider (1) a zone change from R-1-10 to AP on 5.23 acres located west of 1450 East Circle and south of Foremaster Drive, David Blake, agent for applicants; (2) a zone change from A-1 and A-20 to R-1-12 on 8.69 acres located at 2780 East north of 1450 South, Brett Burgess, representative for Quality Development and Max Seegmiller, LTD, applicant; (3) amend an existing PD zone to include two additional penthouse units, a fourth story on a portion of two of the three buildings, and to include R-1-10 property that would expand the zone from 4.58 acres to 13.98 acres located at 1157 South Plantations Drive, Jeff Chapman, representative for Trendwest Resort; and (4) a zone change from R-1-10 and A-1 to PD Residential on 19.9 acres with 68 patio homes located at Tuweap Drive and 2000 North, Hank Isakson, representative for Paiute Springs South Investments, LCC.

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

SECOND: The motion was seconded by Council Member Gardner.

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

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 14, 2004, recommended approval of the final plats for: (1) a roadway dedication for a portion of Tuweap Drive from Sunset Blvd. to approximately 1200 North, Ence Homes, applicant; (2) a roadway dedication for a portion of 1800 North Street from 2100 West to Tuweap Drive, Ence Homes, applicant, and (3) Flood Street Commercial Condominiums located at 400 East and approximately 150 North, Clifford Dunn, applicant.

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

SECOND: The motion was seconded by Council Member Bunker.

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

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held December 14, 2004, recommended approval of the site plan and building elevation for a proposed Wendy?s restaurant and a landscape adjustment, subject to the following suggestions: (1) that all roof mechanical equipment be screened; (2) the side of the building facing the freeway shall be of a decorative nature with no plain walls; and (3) the use of bright red exterior building painting shall be limited to that as submitted by photo to the City Council on January 6.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevation as recommended by the Planning Commission, and that the inside parapet walls of the roof be the same color as the building, and not white.

SECOND: The motion was seconded by Council Member Allen.

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

SITE PLAN AND BUILDING ELEVATION:
Assistant Planned Ray Snyder explained that the Planning Commission, at its meeting held December 14, 2004, recommended approval of the site plan and building elevation for a proposed office building on Pad ?F? in the Bloomington Court Yard subject to the following conditions: (1) the building height shall not exceed a maximum of 36' as measured from the adjacent ground level surrounding the building to the midpoint of the roof; (2) dark sky lighting fixtures shall be installed in the parking lot; and (3) a photometric plan shall be submitted with construction drawings. The Planning Commission also recommends a decorative cap rather than a flat roof. No negative comments have been received from the neighborhood.

MOTION: A motion was made by Council Member Orton to approve the site plan and building elevation subject to the recommendations of the Planning Commission.

St. George City Council Minutes
January 6, 2005
Page Five

SECOND: The motion was seconded by Council Member Bunker.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a three story office building with a height up to 54'4" located in the vicinity of the northeast intersection of 170 South Street and River Road. S&S Construction, applicant.

Assistant Planner, Ray Snyder, explained that the Planning Commission, at its meeting held December 14, 2004, recommended approval subject to the following condition: final building occupancy shall not occur until a commercial subdivision has been appropriately processed with the City. A preliminary plat has not been submitted. The color of the building is more of an earth tone color than as submitted in the rendering.

Council Member Whatcott inquired if the rendering presented represented the actual height to scale when compared to surrounding buildings.

Randall Smith, architect, replied that it was done visually, but it could be said that the height as represented is technically accurate, and is as close as can be done visually.

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 Allen.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage to a height of 22' located at 3775 South Sugar Leo Road. Wendy Reber, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held December 14, 2004, recommended approval. The garage will be single story only, with no bathroom. No negative comments have been received from neighbors.

MOTION: A motion was made by Council Member Gardner 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.

MODIFY CONDITIONAL USE PERMIT:
Consider approval of a request to modify a previously approved conditional use permit to construct three covered storage structures at the Dixie Escalante yard located at 3025 South River Road. Dixie Escalante Power, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held December 14, 2004, recommended approval with the following conditions: (1) install a six foot block wall along the River Road frontage, to begin at the existing building corner and continue to the cul de sac area according to the site plan submitted January 6, 2005; (2) screen the existing transformer and pole yards from River Road; (3) the hillside shall not be disturbed; (4) approval is for the site plan and elevation as submitted to the City Council on January 6, 2005 only and excludes the area west and southwest of the existing transformer storage yard; and (5) the applicant shall install landscaping per the landscape plan as submitted January 6, 2005 to the City Council and supercedes that previously approved for 2004-CUP-025. The landscaping plan shall include street trees as required by the City ordinance. He explained that the applicant would like to add to the site a 7,500 sq. ft. covered storage adjacent to the east side of the existing building, a 5,000 sq. ft. covered storage adjacent to the west side of the existing building, a 13,691 sq. ft. covered storage located approximately 130 feet south of the existing building, a six foot retaining wall, and additional asphalt paving. Staff and the Planning Commission wondered if landscaping or trees could be put between the curb and gutter and the fence, but this cannot be done because of massive footings in this area. There will be a block wall all along the front of the project.

Council Member Gardner suggested that trees be placed behind the fence on the applicant?s property, or vines could be planted to grow along the walls on both sides of the road.

Chad Reynolds, representing the applicant, explained that the main reason they do not want any trees or shrubs is because there are 24 different conduits of feeder line under River Road to the other side of the street, and roots would create a major hazard by bursting the conduit. Trees are not wanted on the applicant?s property because any organic matter which falls on to the substation site creates a fire hazard. Further, there is no landscaping across the street. There is only 200 linear feet not proposed to have any landscaping, but there will be 700-800 linear feet to the north which will be landscaped. If landscaping is required, Structure A will not be built.

Mayor McArthur suggested that the proposed chain link fence be replaced with a decorative block wall or solid wall.



St. George City Council Minutes
January 6, 2005
Page Six

Mr. Reynolds replied that if the applicant had to go to the additional expense of a block wall, it would not build Structure A. He advised that Community Development Director Bob Nicholson said that any bushes or shrubs located along the wall would get cooked and would not last long, and he did not recommend any landscaping against the wall.

Council Member Whatcott inquired why room was not made for landscaping along River Road.

Mr. Reynolds replied that the River Road project already took some of their property due to the retaining wall. The fence that is in place now is for security.

Council Member Allen commented that the City has an ordinance against barbed wire in the City, and the applicant may want to consider a block wall.

Council Member Gardner commented he was uncomfortable with no landscaping, and by installing a narrower sidewalk, there would be room for a drip line and vines.

Council Member Allen reminded that the Planning Commission recommended a 6' block wall be installed along River Road.

City Manager Gary Esplin commented that if the City were to install the wall, the cost would be inconsequential compared to the cost of the total project. However, there is no ordinance which requires the applicant to install a block wall. The reason they are making the request is to move the building to the back of the lot and put up a canopy. The City can pay for the cost to convert the fence to block, or the City Council can require the applicant to do this as part of the conditional use permit, or the applicant can withdraw its request.

Assistant Planner Ray Snyder advised that it was his understanding the National Safety Code requires a 7' high chain link fence around any substation.

Mr. Reynolds advised that there is also a substantial slope and the block wall would have to be engineered. Dixie REA is already putting in $70,000 toward the River Road widening project. The City did not mention anything about landscaping when the project began, and Dixie REA would have made provisions for it if it had known.

Mr. Snyder commented that Planning staff recommends that the size of the on-site storage not be enlarged because of the adjacent residential area, and would encourage the applicant to store its poles in the Ft. Pearce area. Staff recommends that no additional materials be allowed to be stored on the site as it would be more appropriate to store them in an industrial area.

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

City Manager Gary Esplin suggested that the City work with the applicant to come up with a cost for the block wall.

CLARIFY MOTION: Council Member Gardner commented that the possibility of putting a planter strip for vines to soften the wall should also be pursued. He clarified that his motion included approval of Structures A, B, and C, and that the City would pick up a portion of the cost of the block wall.

SECOND: The motion was seconded by Council Member Bunker.

Council Member Whatcott commented that if a planter strip is not possible, at least decorative rock with boulders should be installed.

Steve Crosby, representing Dixie REA, stated that due to the difference in elevation, the block wall would need to be engineered.

CLARIFY MOTION: Council Member Gardner clarified that his motion also included the provision that placement of the block wall be worked out between the City and Dixie REA.

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

City Manager Gary Esplin commented that if the matter cannot be worked out, it will be brought back to the City Council.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from PD Residential to R-1-10 Single Family Residential on 10.52 acres located at approximately Upper Sir Monte Drive and Rolling Hills Drive in the Southgate area. Brett Burgess, applicant.

Community Development Director Bob Nicholson explained that zoning to the east is already R-1-10, and the Planning Commission recommends approval.

Jim Raines, Bush & Gudgell Engineering, explained that the request would reduce the project by 13 lots, and the applicant felt that due to the topography and slope, higher density did not work as well as R-1-10 zoning.


St. George City Council Minutes
January 6, 2005
Page Seven

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

MOTION: A motion was made by Council Member Bunker to approve the zone change by ordinance.

SECOND: The motion was seconded by Council Member Orton.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential to Planned Development Residential on 1.87 acres located at 1100 East and about 1000 South. Kevin Ence, applicant.

Community Development Director Bob Nicholson explained that the subject property is located south of the Grace Episcopal Church and is a remnant piece of the church property. The applicant proposes ten single story brick units. The main issue is the City sewer trunkline along the south, but the applicant has agreed to a 20' easement. The project is surrounded on three sides with existing PD zoning. The Planning Commission recommends approval. The applicant will finish all sidewalk and the street.

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

MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance.

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider a request to amend the General Plan Land Use Map from Low Density Residential to Professional Office on 2.67 acres located east of Valley View Drive at approximately 950 West. L. J. and Barbara Morwood Family Trust, applicant.

Community Development Director Bob Nicholson explained that last February the applicants requested a commercial designation for this property, but were denied. 2.6 acres of the total site is being requested to be designated as professional office, and the remainder of the property would be left as low density residential. The applicants would then come back with a density transfer request as there is a lot of steep hillside. Planning staff and the Planning Commission recommend that 950 West be connected for overall circulation. The Planning Commission recommended approval on a four to two vote.

Rod Packer, representing the Morwood family, explained that administrative professional (AP) designation will provide a logical transition and valuable improvement over the property?s current use. The AP designation is a fair and equitable solution, and is appropriate to allow for vacant parcels to meet the needs of a growing community. The Morwood family wants to develop the ground and improve the overall appearance of the northern Valley View area, and will relocate their current business to another area of town which is more suitable. In order to do this, they must develop the property and receive an acceptable return which will provide them the ability to make the move. The neighborhood?s aesthetics will be greatly improved by doing so. The percentage of traffic flow generated by the change will be small compared to the current overall flow on Valley View Drive. Traffic concerns voiced previously by the neighborhood have not been substantiated, and the proposed use is the most appropriate use for the property. In an effort to work with the City the family has put together this proposal and urges favorable consideration.

Mayor McArthur opened the public hearing.

Merrick Otterson, President of Red Canyon Townhomes, stated he saw the request as one for economic gain only. He stated there was already a natural separation of residential and commercial, and he did not like the idea of any light commercial locating across the street. The project would decrease property values for hundreds of residents located around it, and

St. George City Council Minutes
January 6, 2005
Page Eight

connecting 950 West is a bad idea and would make exiting or entering Red Canyon more difficult than it already is. The property designation should remain as is, and the proposal is unfair to those who surround it.

Cal Baker commented that he was opposed to the increase in density and opposed to opening up 950 West, specifically between 680 North and the property in question as there are 34 children in that area, with 19 living directly on 950 West, most under the age of 10. The proposal would be detrimental to those who live on and around 950 West, as most have built their homes for the view and the height of the buildings would impact those views. He stated he was opposed to the congestion and traffic the proposal would create.

Council Member Gardner explained that the request would keep people from building on the hillside.

Hilda Empey, past President of Red Canyon Townhomes, commented that while she was glad to see the improvement, most did not want commercial or professional office designation. She expressed concern about the additional traffic that would be generated, and commented that pull-outs were needed. She recommended single family homes or a small PD with no commercial instead of the proposed project. She also requested that 950 West not be opened up.

Kevin Dorius commented that there is a huge hill which acts as a natural barrier between the commercial area along Valley View Drive and the residential areas. He suggested keeping the land designation as it currently exists.

Sherry Losee commented that she recently built a home on the hill and has four small children. She expressed concern about businesses at the bottom of the hill and said when 950 West was platted, it was for residential uses. If businesses are located at the bottom of 950 West, children will not be able to play outside. She expressed concern about the speed of cars in the area. She suggested that 950 West be terminated with a cul de sac and three to four residential lots around it so that the area can remain residential.

Jim Raines commented that although the plan looks like it is dividing the property in half, because of spacing requirements on major collector roads, the Morwoods have only one possible access point, and it has to line up across from Red Canyon. There is not enough frontage, given current engineering standards adopted by the City, for another access. Opening up 950 West will provide connectivity between neighborhoods, but the Morwoods had the connection of this road imposed upon them as they are limited to one access point. If the Morwoods developed all the property as residential they could terrace the hillside for homes, but they do not feel that is best to do that. They feel it is better to tuck some AP property next to the hill, as AP is a mid-traffic generator between residential and commercial. A lot of traffic studies find that AP generates traffic in the opposite direction of residential. The Morwoods would prefer to leave the hillside undisturbed in the spirit of what the community is trying to do with the hillsides, and take the density and move it away from the hillside. It does not make sense to cut up the hillside for residential development, and the proposed designation is a good transition for a difficult piece of property with access issues. The Morwoods are doing everything they can for the best of both worlds.

Council Member Whatcott suggested that the plan be made to work without connection of 950 West. A cul de sac could be built for professional office use and a cul de sac built for residential purposes. This way the commercial traffic cannot enter into the residential area.

Mr. Raines replied that he would be willing to look at options, but from day one City staff told him that they wanted connectivity.

City Manager Gary Esplin commented that Council Member Whatcott?s suggestion would solve staff?s concerns.

Council Member Gardner inquired what kind of flexibility there was on the boundaries of the General Plan change.

City Manager Gary Esplin replied that General Plan changes are general in nature, and the actual areas did not have to be defined at this meeting. He inquired about site distances.

Mr. Raines expressed concern about the length of the cul de sac. He suggested that the City Council move ahead with the General Plan amendment, and he would come back later with a zone change request and address specific issues at that time.

City Manager Gary Esplin commented that with regard to the development proposal, he did not think the neighbors understood that even if the hillside looks steep, it can be developed up to a 40% slope, and there could be a lot of houses on that hillside. The applicant could develop their property in this manner today, without any further hearings. He stated that personally he would rather live next to an AP zone.

Bruce Empey, a resident of Red Canyon, commented that further south along the same hillside there is already terracing with homes. He stated that while the residents in the area may not have put together hard facts about the traffic, neither had the Morwoods, and it would be a good idea to do a traffic study. He also suggested that a traffic light would be needed at the intersection of 950 West and Valley View, and that the intersection would have to be re-engineered. He stated that residents in the area feel strongly that there should be no more commercial along Valley View Drive.

St. George City Council Minutes
January 6, 2005
Page Nine

City Manager Gary Esplin advised that the Morwoods are currently using the property for commercial purposes, and can continue to do so for as long as they wish, as it is a non-conforming use.

Mr. Empey replied that he preferred a residential use.

Jillayne Root commented that she did not see AP zoning as a transition from residential
zoning. She expressed concern with traffic and the speed of that traffic if 950 West were opened up, and about her property values. She stated she liked the idea of creating two cul de sacs on 950 West instead of opening it up. She suggested the installation of speed bumps and ?children at play? signs.

City Manager Gary Esplin explained that once the master plan is amended, then the applicant has to seek a zone change through another public hearing. The City Council can require to see everything about the buildings and access and then take input through the public hearing.

Shirley Van Moran of Red Canyon commented that right now there are five to six trucks a day from the commercial site, and while a survey has not been done on the amount of traffic that might be generated, common sense says that if there are 120 parking stalls, there would be an additional 500-1000 cars each day in the commercial area, in addition to the neighborhood traffic. Common sense says that this will be a problem. She inquired why there had to be a commercial establishment in a residential area. She commented that there were already many vacant commercial spaces nearby.

Jim Raines commented that a traffic study is required by the City for anything over 100 lots. He stated that during commuting times, AP designation will not add to the peak commuting traffic flows, but will be spread out throughout the day. The perception of the neighbors may be different, as there will be more cars, but they will not overload the street and there will not be more of a traffic hazard. What the applicants are proposing will be less of an impact on traffic than what they could build under the existing zone.

Max Root stated that he treats patients who have been in traffic accidents in these types of situations, and he has four children who will be in danger if traffic is increased. He stated that common sense tells him that traffic will be increased down his street where his children play if 950 West is made a through street. He stated he liked the proposal to cul de sac 950 West so that it does not become a through street.

Janet Morwood, applicant, commented that she and her family are not money-hungry, as they have been made out to be. They originally wanted commercial zoning, as that would be to their benefit, but they have followed the City Council?s previous recommendation, hoping that the current proposal would be a happy medium. They have been harassed about their property in its current condition, and they have to do something with it that makes it valuable for them and also for the neighborhood. She stated they were not trying to create problems but do something beneficial with their property.

Merrick Otterson commented that he did not have a problem with the AP designation, but with the intersection of 950 West Street. He urged the City to do a traffic study.

Mayor McArthur commented that the proposed intersection is the only place the applicants can have an access.

City Manager Gary Esplin explained that the applicants already have an existing access, and they cannot be denied that right. The traffic study will determine where the access is required, but this public hearing is for the master plan change only.

Council Member Orton commented that the applicants cannot be required to correct a problem that is already existing.

Mr. Otterson commented that a drive-in is different than a roadway, and he urged a traffic study be done.

Roy Fleming commented that he was against both commercial designation and connection of 950 West Street. He stated he believed the area should remain low density single family and could be developed that way.

Council Member Bunker inquired of Mr. Fleming is he realized that residences could be built on the hillside if the property remained residential.

Mr. Fleming replied that residences already exist on the hillside.

Terry Morwood advised that he and his family had nothing to do with the extension of 950 West Street, and do not care if it is completed all the way through or not. He commented there was no traffic on Valley View Drive until residents of Red Canyon moved in. A road is needed into the development, and he did not see that as a problem. Valley View Drive is a collector street, and it should be used as such.

Mayor McArthur closed the public hearing.

Council Member Bunker advised there were three options - the property can remain the way it is but it is not aesthetically pleasing, or the request can be denied.

St. George City Council Minutes
January 6, 2005
Page Ten

City Manager Gary Esplin commented that chances are if the property remained residential, it would not be single family homes, but would probably be a PD with a higher density. It would be hard to speculate on the number of units allowed, but it would be significant.

Council Member Bunker commented the third option is to approve the proposal the Morwoods have submitted. Not connecting 950 West all the way through is a better idea. Building a large number of homes and destroying the hillside is not a good option.

Council Member Gardner commented that the Morwoods have tried to make the City and the neighborhood happy. He stated that with all things considered, the existing neighborhood and the new one which will be joining them, would like privacy, seclusion and safety, and if that can be accommodated by cul de sacing 950 West Street, and the Morwoods are fine with that, then it made sense to him, keeping in mind that there is already a commercial use on the property.

MOTION: Council Member Gardner then made a motion to approve the General Plan designation of AP, realizing that the engineers will define access and other issues as part of the zone change.

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The motion carried.

Council Member Allen inquired of City staff if there were traffic calming devices or techniques that could be used to slow traffic in the neighborhood on the hill.

Public Works Director Larry Bulloch replied that he would look at it.

City Manager Gary Esplin suggested that a median could be put down Valley View Drive prohibiting left turns from the hill.

Mayor McArthur called for a five minute break.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 19, St. George City Code, to allow existing buildings within the Historic District to change to a restaurant use even though the building may be non-conforming as to parking. City of St. George, applicant.

Community Development Director Bob Nicholson explained that the current parking ordinance does not allow buildings in the Historic District to change to more parking intensive uses such as a restaurant. The Planning Commission and staff propose to allow the conversion of existing buildings within the Historic District to restaurant uses subject to a conditional use permit, even though they do not have enough parking. He then read the amendment. He commented that this would help to rejuvenate the downtown, and the parking structure will provide additional parking.

Council Member Gardner commented that other people in the downtown have expressed concern that they were required to meet their full amount of parking. He commented the proposal needed to be looked at carefully so that additional problems are not created.

Council Member Orton commented the reason the City participated in the parking structure was to bring some unique restaurants and businesses back to the downtown area.

Council Member Gardner commented that since the City has paid for the parking, maybe there should be some form of compensation from that business to the City to allow use of the parking structure.

Council Member Orton commented that in order to entice businesses to the downtown, flexibility is needed, and every city in the United States is doing something like this to entice unique restaurants to downtown areas.

Community Development Director Bob Nicholson explained the boundaries of the historic district.

Mayor McArthur opened the public hearing.

Mike Malone, one of the owners of Travel Specialties, Inc. dba Main Street Travel, explained that he leases the corner space and one of his clients is interested in subletting space for a deli. To date his request for a business license has been denied based on a lack of parking. He urged approval of the amendment.



St. George City Council Minutes
January 6, 2005
Page Eleven

Mayor McArthur explained that the proposed amendment is one way to develop the downtown without wiping out historic buildings, based on a case by case basis. He then closed the public hearing.

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

SECOND: The motion was seconded by Council Member Bunker.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential and R-3 Multiple Family Residential to PD Commercial on 15.1 acres located southwest of the Foremaster Drive and Riverside Drive intersection on the west side of the future extension of Riverside Drive. Rich Lewis and Randy Simonsen, applicants.

Community Development Director Bob Nicholson explained that on the 11.8 acre northerly parcel, the applicant is proposing eleven buildings; nine on the lower tier for various commercial uses, and two upper buildings on the hillside for office use only. Access proposed off Foremaster Drive would consist of a right-in, right-out turn only with a deceleration lane. There would be two accesses off Riverside Drive. Eight of the buildings are two story, and three are single story. Access for the south parcel is off Riverside Drive. The Planning Commission recommends approval. The applicants originally proposed parking on the northern parcel be between the hill and the buildings, but in order to hide the cut, the Planning Commission recommended that the buildings be pushed up against the cut to cover the excavation into the hillside.

Rich Lewis, applicant, advised that while the Planning Commission recommended the parking be moved in order to hide the hillside cut, this will effectively double the cut. He requested approval to leave the buildings as originally proposed.

Council Member Gardner inquired about the south parcel, and suggested that it could be zoned AP PD.

Mr. Lewis replied that he would prefer PD Commercial zoning.

Mr. Simonsen, applicant, stated that most of the property in the south parcel is less than 26% slope, and that they wanted flexibility in developing it.

Mr. Lewis advised that on the north parcel they would like to place all of the refrigeration units on the top of the roofs for all buildings along Riverside Drive. Refrigeration units on the two buildings built on the hillside would be placed to the side of the buildings.

Mayor McArthur opened the public hearing which had been continued from a previous meeting.

Wilford Day stated that while he could live with most of the proposed uses, there were a few he was concerned with. He stated he would withdraw his objections to the project if the applicant would agree to the following provisions: all area lighting be directed to shine down, no outdoor display or storage, no outdoor repair of cars, no fast food or drive-through restaurants, and no cafes or restaurants in Buildings 6, 7, 8, 9, 10 or 11. He stated that if the request were approved, he would like his comments incorporated into the motion.

Rulon Jones commented that while he supported the project, he was opposed to locating the cooling units on the roof tops as its ruins aesthetics. He stated that he also had an issue with access from Foremaster Drive, as there is a large amount of traffic traveling up hill and it is not a good spot for a turn pocket as traffic coming down the hill is blind because of the hill.

City Manager Gary Esplin advised that there will be a turn lane, with a right-in and right-out only, and a median will be installed to prohibit anyone from turning left in or out.

Mr. Jones commented that he objected to an auto parts store, appliance sales and service, radio and TV sales and service, or music store/record shop. He also suggested that department store be further defined. He felt the restaurants in the proposed locations were reasonable, but objected to any fast food restaurant.

Mayor McArthur closed the public hearing.

Rich Lewis advised that with the installation of a median, he felt confident that there would be a good intersection at Riverside Drive and Foremaster Drive. As to uses, he requested flexibility and commented that one of the worst things to have is a vacant building. He stated he wanted enough uses to be able utilize the buildings. He stated he agreed with the use of down lighting, no outdoor storage, and no repair of vehicles, as the chances of having

St. George City Council Minutes
January 6, 2005
Page Twelve

an auto parts store there were remote, but a fast food restaurant or drive-through should not be objectionable.

Wilford Day advised that buildings 6, 7, 8, 9, 10 and 11 are within 200-400 feet of his property, and all are objectionable for use as a restaurant.

Rich Lewis commented that in the Gateway project, there are residences above the restaurants, and he could not imagine that they were offensive. Mr. Lewis inquired about the south parcel.

Council Member Whatcott commented he was opposed to any zone change for the south parcel that was different than discussed at the site visit, which was AP zoning.

Randy Simonsen, applicant, stated that AP zoning does not allow enough uses.

Council Member Whatcott commented that there is residential located across the street, vehicles will move fast along Riverside Drive, and there is a sight distance problem. AP zoning is a compromise to commercial zoning.

Mr. Simonsen commented that he did not know how he could make it work.

Council Member Whatcott commented that it was not the City Council?s intent to have retail on a higher speed road.

Council Member Gardner commented that perhaps the City Council misunderstood Mr. Lewis at the site visit when he showed them the stakes where the corners of the buildings would be located, and he stated that AP zoning was a good solution.

Mr. Simonsen commented that he had no problem with AP zoning if he could have more flexibility as far as a footprint.

Council Member Whatcott suggested PD AP zoning. He commented that the applicants could not use more space than what they have zoned.

Mr. Simonsen asked for flexibility, and commented that he had not looked at AP zoning. His intent is not to build up the hillside.

Community Development Director Bob Nicholson commented that if the applicant is asking for more flexibility, perhaps the matter should be tabled.

Mayor McArthur suggested that the north and south parcels be separated so that zoning for the south parcel could be considered at another time, if needed.

City Attorney Shawn Guzman commented that the two parcels could be separated as far as the request, and any action tonight could be limited to what is shown.

Mr. Simonsen commented he would rather have AP zoning for the south parcel than go back through the process.

Council Member Gardner clarified that by doing so, the applicants are saying that they are comfortable with the buildings in the location shown.

Council Member Whatcott commented that AP zoning will allow flexibility within the kelly green areas as shown on the map.

City Attorney Shawn Guzman advised that the uses recommended in the previous meeting can be adopted, or limited, or made conditional requiring the applicant to come back so that the City Council can see the actual location and determine whether the uses are in harmony with the PD.

Community Development Director Bob Nicholson suggested that the south parcel be zoned PD and limited to AP uses.

Rich Lewis commented he would like to locate the cooling units on the roofs of the buildings on the south parcel.

MOTION: A motion was made by Council Member Whatcott to approve the zone change to PD Commercial on the north parcel of property, and to PD AP on the south parcel of property, with the limitations suggested by the Planning Commission in their original list, including no outside storage, use of down lighting, and no repairing of vehicles. A warehouse, TV or radio repair shop, music or record store, appliance store, auto parts store, or restaurant use would come back to staff, and the City Council if necessary, to see if the location and use is in harmony with the PD. The motion includes Foremaster Drive access right-in and right-out only, no lefthand turns, and whatever is necessary to prohibit left turns in or out, placement of the buildings where there will be the least amount of cuts.

City Manager Gary Esplin commented that staff would review very closely any restaurant use in Buildings 6, 7, 8, 9 and 10 to see if there is a significant effect, and if so, staff will bring the matter to the City Council.

St. George City Council Minutes
January 6, 2005
Page Thirteen

The City Council determined that restaurant use would not be prohibited in Building 11.

SECOND: The motion was seconded by Council Member Gardner.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amending Title 10, Chapter 2, and Title 10 , Chapter 19, St. George City Code, relating to parking regulations and the definition of ?unimproved lot?. City of St. George, applicant.

This item was tabled.

PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amendments to the 2004-2005 fiscal budget.

City Manager reviewed the suggested changes to the budget. See Exhibit ?A? attached hereto.

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

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

SECOND: The motion was seconded by Council Member Allen.

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

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

AGREEMENT:
Consider approval of a legal agreement with the Michael Schneiderman law firm for legal advice and assistance with the preparation of the replacement airport.

City Manager Gary Esplin explained that the City Council previously approved using Michael Schneiderman, but he since changed law firms. Approval would authorize continuing the contract with him, and actually reduces the City?s per hour cost.

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

SECOND: The motion was seconded be Council Member Whatcott.

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

UPDATE ON EIS:
Airport Manager Dave Ulane explained that a screening analysis to warrant additional study is taking place with regard to the EIS. There is a disagreement between the FAA and National Park Service over the preliminary findings, and they are being worked through. The draft version of the EIS should be ready for public comment by late spring.

AGREEMENT:
Consider approval of an agreement with Roger and Esthela Martin for improvements along River Road.
City Manager Gary Esplin explained that this agreement ended up being a win-win for both parties. After negotiations, the Martins agreed to allow the City to fill their property with 3' of excess fill. The City will pay them $10,000 and they will build a 4' high wall to protect themselves. The agreement allows the City to go onto their property and fill.

MOTION: A motion was made by Council Member Gardner 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.

ACCEPT PROPERTY GIFT:
Consider acceptance of a property gift from Netta?s Knoll Associates.

City Manager Gary Esplin explained that Mr. Walt Plumb and associates have gifted property to the City for dedication of Riverside Drive. He recommended approval.

St. George City Council Minutes
January 6, 2005
Page Fourteen

MOTION: A motion was made by Council Member Allen to accept the property gift.

SECOND: The motion was seconded by Council Member Bunker.

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

ACCEPT RIGHT-OF-WAY:
Consider acceptance of a right-of-way grant from the BLM to facilitate roadway improvements on 2100 West.

City Manager Gary Esplin advised that the City continues to finish improvements on 2100 West. The property was acquired by the City and School District under an RPP from the BLM for the Canyons Complex, Sand Hollow Aquatic Center and Snow Canyon Middle School.
Right now all the property is in the name of the School District, and this will allow transfer to the City so that the City can finish 2100 West.

MOTION: A motion was made by Council Member Whatcott to accept the right-of-way.

SECOND: The motion was seconded by Council Member Gardner.

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

LICENSE AGREEMENT:
Consider approval of a license agreement between Main Street Partners LC, Zions Bancorporation, and the City of St. George for the downtown park development.

Council Member Gardner declared a conflict of interest and advised that he would not vote.

City Manager Gary Esplin explained that Main Street Partners agreed to put in all the parking they needed for their building, as well as make improvements on Main Street as required under the City?s ordinances. The City approached them and Zions Bank, through the RDA, and offered to make additional improvements for the water walk and water fall on the north side of the Main Street Plaza. Property had to be acquired from Zions Bank (8-10 parking stalls plus the enclosure for waste pick-up). A license agreement is needed between the City, Zions Bank, and Main Street Partners to allow Zions to put its transformer on Main Street Partners property so the City can use the parking area for the water fall and park. Main Street Partners will use their contractors to put in their improvements and pay for the cost of certain things such as some of the water conveyance, water fall, and rocks. They have a bid, but the City has not yet seen the agreement. If our landscape architect thinks the costs are appropriate, the agreement will be brought to the City Council for approval. Landscaping improvements should begin within the next two weeks.

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

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a vote, and all voted aye except Council Member Gardner, who abstained from voting. The motion carried.

CERTIFICATION OF ANNEXATION PETITION:
Consider acceptance of the Certification of Annexation Petition for the Plantations Drive Addition.

MOTION: A motion was made by Council Member Gardner to accept the certification of annexation petition

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 regular City Council meeting held December 9, 2004.

MOTION: A motion was made by Council Member Orton 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.


Consider approval of the minutes of the City Council work meeting held December 16, 2004.

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

SECOND: The motion was seconded by Council Member Orton.

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


St. George City Council Minutes
January 6, 2005
Page Fifteen

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
MOTION: A motion to adjourn to a Redevelopment Agency meeting was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Allen.

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

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

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 Bunker - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous an