City Council Minutes

Thursday, March 17,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 17, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gail Bunker
Council Member Bob Whatcott
Council Member Larry Gardner
Council Member Suzanne Allen
Council Member Rod Orton
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 Scout Kyle Edinger, and the invocation was offered by Bishop Ben Marler of the Morningside 2nd Ward.

Mayor McArthur invited Scouts in the audience to introduce themselves.

ART AROUND THE CORNER:
L?Deane Trueblood explained that the Arts Foundation Board is ready to promote the sculptures which are located around the City as part of the Art Around the Corner project. She designed a sign and pedestal and would like to install it to make people aware of the program and sculptures. Mayor McArthur encouraged Mrs. Trueblood to work with the Leisure Services Department for location of the sign. If the sign is located in the Plaza, permission is also needed from Zions Bank.

Kent Perkins suggested that the sign structure be painted green to match other historical signs in the area.

AWARD OF BID:
Consider approval of a change order for the Bloomington Park expansion.

City Manager Gary Esplin explained that this matter was tabled from the last meeting because staff felt the park was not totally protected from the spring run-off. Staff now feels at this point in time the park is protected and recommends moving forward with expansion of the park. The cost to remedy damages resulting from the flood is $174,382.

MOTION: A motion was made by Council Member Gardner to approve the change order in the amount of $174,382.

SECOND: The motion was seconded by Council Member Orton.

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

City Manager Gary Esplin advised that Arnell West is the contractor.

AWARD OF BID:
Consider award of bid for glass beads for the Streets Department.

City Manager Gary Esplin explained that glass beads are used in painting the streets.

Mayor McArthur commented the glass beads are added to the paint to illuminate it at night.

City Manager Gary Esplin recommended award of the bid to the low bidder, Safety Supply and Sign, in the amount of $34,200.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Safety Sign and Supply, in the amount of $34,200.

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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Streets Superintendent Randy Halverson advised that the bid was for a year?s contract.

AWARD OF BID:
Consider award of bid for the Gunlock line realignment project.

City Manager Gary Esplin explained that this matter was discussed in work meeting last week, and would allow the City to relocate pipe in old highway 91 in Santa Clara while the highway is under construction, rather than have to tear up the highway at a later date. He recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $398,481.54.

Mayor McArthur explained that the line is now located across the top of the Heights in Santa Clara.

MOTION: A motion to award the bid to Cindy Taylor Trucking in the amount of $398,481.54 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.

AWARD OF BID:
Consider award of bid for 48" RCP Class II pipe.

City Manager Gary Esplin explained that storm drains, manholes and storm drain pipe are included in the bid. He recommended award of the bid to the low bidder in the amount of $34,615.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder in the amount of $34,615.

SECOND: The motion was seconded by Council Member Whatcott.

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

CLARIFICATION OF BID:
Clarification of bid previously awarded for the Community Arts Center elevator addition.

City Manager Gary Esplin explained that a bid was previously awarded to C&A Construction for this item, however, the actual contract is with Bird Construction, a sister company to C&A Construction. He suggested that award of the bid to C&A be rescinded and awarded to Bird Construction.

Leisure Services Director Kent Perkins clarified that the company?s correct name is Bird Construction and Development.

MOTION: A motion was made by Council Member Gardner to rescind the bid previously awarded to C&A Construction and award it to Bird Construction and Development.

SECOND: The motion was seconded by Council Member Allen.

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

ORDINANCE:
Consider approval of an ordinance adjusting the common boundary line with Washington City in the area along Middleton Drive at the east City limits.

City Manager Gary Esplin explained that a public hearing was held previously to square up the boundaries and allow Washington City to take part of Middleton Drive. The item was approved in concept at the meeting, but there was a problem with the legal description, so the matter was tabled. The City now has a legal description and signature from UDOT and he recommended approval.

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

SECOND: The motion was seconded by Council Member Bunker.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for an off-road motorsports competition. UROC, applicant.

City Manager Gary Esplin explained that UROC?s annual rock crawling competition will be held June 17-19. The Police Department has reviewed and approved the security plan. He recommended approval.

Council Member Rod expressed concern about traffic through the construction area to access the event site.

City Manager Gary Esplin commented that details would have to be worked out with the developer and Trust Lands who own the rights-of-way.

The applicant advised that it has been six months since their last event here, and this event would be the only one in St. George this year. The applicant then presented a three minute video.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

The applicant advised that recent rains have resulted in $20,000 damage to roads accessing the event site. He requested participation from the City in restoring the roadways The roadway is located on SITLA property but they are not in position to help and do not benefit from the event.

City Manager Gary Esplin commented that he did not know how long the site was going to be there as SITLA is planning to remove some of the rock.

Mayor McArthur stated he did not know if the City could do anything.

City Manager Gary Esplin commented that it would be a contribution to a private company.

Mayor McArthur commented the City would have to be a sponsor of the event in order to be involved in restoring the roadway. He suggested the applicant speak with Marc Mortensen.

BEER LICENSE:
Consider approval of an off-premise beer license for Green Valley One Stop. Scott Lemley, applicant.

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

SECOND: The motion was seconded by Council Member Allen.


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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 carnival. Davis Amusement, applicant.

City Manager Gary Esplin explained that the carnival will be held in the parking lot of the Red Cliffs Mall. The security plan has been reviewed and approved by the Police Department.

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

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 dance. Rebel Creek Ridge Student Housing, applicant.

City Manager Gary Esplin explained that this matter was discussed at the last City Council meeting, and there was question about the timing during spring break. The applicant is now requesting permission to hold the dance on April 16. The Police Department has reviewed the security plan and it appears to be in order.

MOTION: A motion was made by Council Member Orton to approve the special event permit.

SECOND: The motion was seconded by Council Member Whatcott.

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

City Manager Gary Esplin clarified that the fire department has set an occupancy load for the dance, and this must be adhered to.

FINAL PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 8, 2005, recommended approval of the final plat for Painted Desert Phase 5 with eleven single family detached patio homes located at 1350 East 2450 South. Ence Brothers Construction is the applicant.

MOTION: A motion was made by Council Member Allen to approve the final plat and authorize the Mayor to sign it.

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 March 8, 2005, recommended approval of the preliminary plat for Stone Cliff Phase 10 with 64 single family residential lots located at the southwesterly portion of the development off of 1450 South Street, east of River Road. Gail Maxwell is the representative.

Council Member Orton commented that this phase would be the first with the recently approved water system, and he inquired if the water system would be operable.

Mr. Maxwell replied that the water system would be on line and operational before construction of the homes.


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

SECOND: The motion was seconded by Council Member Bunker.

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 March 8, 2005, recommended approval of the preliminary plats for Whispering Ridge Phases 1 and 2 with 37 single family residential lots located at Indian Hills Drive at 1200 West, subject to working out the following details with staff:

1. Access location along Indian Hills Drive and site distance.
2. Details on the improvements along Indian Hills Drive.
3. Cross-sections along Indian Hills Drive.
4. Drainage around homes to the street.
5. Drainage downstream of development.
6. Drainage easements and swales.
7. Details on contours and hillside design criteria.
8. Adjustments to boundary lines.
9. Plans for the open space.

The applicant has designated open space which he would like to donate to the City.

City Manager Gary Esplin commented the applicant will be required to make the improvements on Indian Hills Drive even though there will be no development on the road. The City will not accept donation of the property if it has to be responsible to pay for improvements on the road.

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

SECOND: The motion was seconded by Council Member Orton.

Mr. Bradley advised that a lot of staff?s concerns will be resolved through construction drawings prior to the final plat. The applicant is aware that improvements along Indian Hills Drive are his responsibility.

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

City Manager Gary Esplin advised that the applicant would like to donate hillside as well as a site for a park on the west end and tie a trail into the Temple Quarry Trail. The applicant has been working with Leisure Services Director Kent Perkins on the size of the park and where it will be located.

Council Member Allen suggested that any walls built by the developer or lot owners needed to be consistent.

City Manager Gary Esplin commented that before the final plat is approved the developer could bring back a plan for any fencing which would be visible from Dixie Drive or Indian Hills Drive.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 8, 2006, recommended approval of the preliminary plat for Toroweap at Entrada subject to finalizing details on Tuweap Drive improvements. Mr. Isakson would like the water source to be stubbed from his side and he will maintain it.

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


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SECOND: The motion was seconded by Council Member Bunker.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March8, 2005, recommended approval of a hillside development permit for Views at Stone Mountain, a single family residential development located off of 1450 South at 2600 East, subject to the recommendations of the Hillside Reivew Board. Darren Hensley is the applicant. The recommendations of the Hillside Review Board are as follows:

1. Adjustments of lot lines to enlarge the open space/no disturb area to eliminate the 40% slope areas from the platted lots. Allow a flag lot around proposed Lot 16 if needed. To be reviewed by staff.

2. Provide a proposed treatment plan for the cuts off 1450 South (north hillside cuts). To be reviewed by staff.

3. On the cul-de-sac street (street designed as Street #2) minimize the fills as shows on the plans and put two five foot terraced walls on the north side. If the grade of the street needs to be revised to minimize the cuts, a dip in the road would be allowed.

Associate Planner Mark Bradley advised that treatment of the cuts would be seen with the preliminary plat. Conditions recommended by the Hillside Review Board can also be included on the plat.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 8, 2005, recommended approval of the hillside development permit for Southgate Views located off of Sir Monte Drive and Rolling Hills Drive on Southgate Hill subject to the recommendations of the Hillside Review Board. The applicant is Brett Burgess. The recommendation of the Hillside Review Board was for the applicant to work with staff on surface water drainage issues as discussed at the meeting.

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

SECOND: The motion was seconded by Council Member Bunker.

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

PUBLIC HEARING/ORDINANCE:
Public hearing to consider amendment to Title 10, Chapters 2 and 10, St. George City Code, to address the maximum size of individual buildings in the C-1 Neighborhood Convenience Commercial Zone.

Community Development Director Bob Nicholson explained that the matter was continued from the last meeting so that he could provide a list of building sizes around the City for comparison, which he has done. He stated that 25,000 sq. ft. would allow a small grocery store, but he had no firm recommendation. He recommended that the ordinance could be structured so that a building larger than the allowable size could be approved with a conditional use permit.


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Mayor McArthur stated he felt 10,000 sq. ft. was large enough.

Council Member Orton commented he felt a 15,000 sq. ft. grocery store would be compatible in a neighborhood, but he had no problem with a limit of 10,000 sq. ft.

Mayor McArthur suggested that a building could be as large as 15,000 sq. ft. with a conditional use permit.

Council Member Whatcott expressed concern that each building could be 10,000 sq. ft., and the neighborhood could end up with 20,000-40,000 sq. ft. if a number of buildings were built, all at 10,000 sq. ft.

Community Development Director Bob Nicholson stated that there is a also a 40% maximum lot coverage requirement.

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

MOTION: A motion was made by Council Member Allen to approve the ordinance limiting buildings within the C-1 zone to 10,000 sq. ft. with the caveat that a conditional use permit can be requested for buildings up to 15,000 sq. ft. if they fit in the neighborhood.

SECOND: The motion was seconded by Council Member Orton.

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

Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Bunker - 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 PD Residential on 10.75 acres and amend the existing Cliffs at Snow Canyon to add additional acres to the project located east of Snow Canyon Parkway at approximately 3052 North. Randy Deschamps, applicant.

Community Development Director Bob Nicholson explained that the public hearing was opened at the last meeting but the time tabled due to the lack of a legal description. The City is now in possession of a correct legal description. The addition of this acreage will bring the entire project to 124 acres. The applicant is proposing 15 new homes on 10.75 acres, and they will be single level units. The Planning Commission recommended approval. There is a minor issue with an adjoining property owner, but Mr. Deschamps feels it can be resolved. Mr. Nicholson suggested that approval be made subject to resolving access to the adjacent property.

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

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 Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.


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PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Consider approval of a zone change from R-2 Multiple Family Residential to RCC Residential City Center for the area referred to as ?Sandtown? located approximately north of 150 North, east of Bluff Street, south of the Red Hills Golf Course, and west of the Red Hill.

City Manager Gary Esplin explained that he, the Mayor, and Council Members Allen and Bunker had the opportunity to meet with a consultant the City has been using for downtown development projects. The consultant suggested a different type of zoning which he felt may be an answer to the zoning in Sandtown. The consultant explained that everyone seems concerned about density, but he feels the issue is more how the density occurs. If it occurs on smaller lots, but with single family ownership rather than rentals, the property owner can still realize a return on his or her property yet preserve the neighborhood. The consultant will be submitting a proposal to the City for consideration to see if it meets the needs in St. George. Mr. Esplin recommended that the matter be continued for 30 days to allow the plan to be considered.

Mayor McArthur commented that the goal of the RCC zone is to keep families in the downtown area. The consultant offered to conduct a survey at a very reasonable cost. Continuing the matter would leave the pending ordinance doctrine in place.

Council Member Allen commented she loved what the consultant did at the Kentlands and once citizens have an opportunity to see his model ordinance, they will get on board.

Council Member Bunker commented that once the residents see some of the options, it will be a win-win for everyone.

Mr. Nicholson explained that an R-2 zone requires 8,000 sq. ft. for the duplex, and only one or two family dwellings are allowed.

City Manager Gary Esplin explained that the consultant suggests that there are many ways to locate single family homes with various combinations of lot and structure types which will allow a property owner to receive a return on his or her property, similar to that if a duplex was built. This proposal makes a lot of sense in the Sandtown area and is worthy of consideration for the long range benefit of the entire downtown.

Mayor McArthur commented that the RCC zone does preclude rentals, but the emphasis is on single family residences and home ownership. He then opened the public hearing.

Shauna Larkin commented she was a realtor and represented certain people who have purchased in the Sandtown area. She stated she has heard contrary statements about RCC zoning and wanted to know where she could obtain information about the RCC zone.

City Manager Gary Esplin advised Ms. Larkin to speak to the Community Development Director Bob Nicholson. The information is also on-line in the Zoning Ordinance.

Ms. Larkin inquired if Craig Call has been involved in the RCC zoning of the other two areas in St. George.

City Manager Gary Esplin replied that he was not contacted because it is not a property rights issue.

Ms. Larkin replied that she has been told it is a property rights issue.

Gloria Shakespeare commented that the number one asset of the RCC zone is the navigational freedom it gives City government. In an R-2 zone every home on an 8,000 sq. ft. lot can turn into a duplex. In an RCC zone, a single family home remains a single family home, and what is put on the land impacts the entire neighborhood and community as a whole and impacts the quality of life for generations to come. Some people might not be able to get as much money out of their property if they develop it under RCC zoning, but City government?s responsibility is not to protect individual investment, but to protect the health, safety

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and general welfare of its people, and this is a health, safety and general welfare issue. If the neighborhoods decline, more instability will result. As homes go on the market, buyers are those who want investment property and there will be health and safety issues in every corner of every neighborhood. The City is currently working on a rental ordinance, but there is nothing in the design program and rental ordinance that would stop an eight-plex or dwelling with very little aesthetics. Also, the City adopted a General Plan which has a vision statement of what it wants the neighborhoods to be. This can be accomplished with the right foundation of a rental ordinance, design, and zoning. What the City allows to be built on its land will determine the quality of life of the neighborhoods for generations to come. This should be looked at carefully because there is a lot at stake. The people who live in Sandtown live in the heart of the heart of the community because from the Red Hill to 400 South, from Bluff to 200 East, is where it all started and this area has some of the most beautiful historical homes in the City. No matter how many beautiful developments are created in the City, the City can lose what lies in these neighborhoods, and will lose them unless foundations are laid to protect and restore them, and this must be done with zoning.

Jim Thorley commented that he was in favor of the RCC zoning. He lives adjacent to the area and walks it every day and has seen what has happened to it in 30 years, and it cannot continue.

Jim Coleman commented that aside from the issue of property values and property rights, he stated that an evaluation should be made based on health, safety, and the public welfare of the community and concerns with regard to lot size must be considered, as well as weeds, fire safety, fire risk, use of vacant lots, and how best to utilize the land for the sake of compatibility with neighborhoods and ongoing valuation of those neighborhoods.

Dorothy Norton explained that in an RCC zone, the lot size can be smaller than in the R-2 zone, so there is no issue with regard to lot size and utilization as long as it meets the standards of the RCC zone.

Lewis Cook commented that the home next to him sold, and while it is still a single family dwelling, the lot is filled with weeds, and on Diagonal there are a lot of unattractive homes. He encouraged the City Council to do whatever they could to make the area as attractive as subdivisions located out in the country.

Council Member Allen commented that citizens should call the zoning enforcement officer to report any violations.

Jim Coleman inquired if a study had been done with regard to the reduction of lot sizes in the Sandtown area.

Council Member Gardner replied that hopefully in reviewing the consultant?s proposal, there may be added information to help determine if a smaller size lot may be more appropriate.

City Manager Gary Esplin explained that the consultant?s proposal may provide for the location of three single family units on an 8,000 sq. ft. lot, with a different type of structure. Density is not the consideration - ownership is, as well as providing flexibility for home ownership and single family subdivisions. The concept may even provide for alleys behind the homes, and other ways to utilize the lots to create neighborhoods. Flexibility is the key to accomplishing the goal.

An unidentified woman explained that she is a realtor and very pleased with the planning in St. George. She has clients who are astounded at how beautiful the area is, and she understands what the City Council is trying to accomplish. She inquired if rentals would be allowed.

City Manager Gary Esplin replied that anyone can rent his or her home. The City Council is concerned about building three duplexes on a lot as rental properties, which is different from someone renting their home.

Mayor McArthur commented the RCC zone encourages single family home ownership.
MOTION: A motion was made by Council Member Orton to continue the public hearing.

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SECOND: The motion was seconded by Council Member Allen.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 8, 2005, recommended approval of a hillside development permit for The Cliffs of Snow Canyon (proposed Phase 4) located off of and east of Snow Canyon Parkway north of the Entrada development, subject to the recommendations of the Hillside Review Board: for lots 6-9, the stipulation that the buildings fit within the designated pad areas as taped off, site specific grading for each pad, contractors not encroach outside of the roadway, and use of the orange grid grading fence to protect the area to remain undisturbed.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit as recommended by the Planning Commission and Hillside Review Board.

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 for a small concrete batch plant in an M-1 zone. Rick Josephsen, applicant.

Assistant Planner Ray Snyder explained that the applicant would like to have a short pour concrete business for the home enthusiast who would like to do small pours themselves rather than have a large dump truck bring in concrete. The project would consist of a small batch plant and provide small dump trucks and a trailer which the resident could hook up to and take home to do small jobs. Rocky Mountain will lease an office to the applicant. The Planning Commission recommends approval subject to the following conditions:

1. Structural plans for the batch plant and material bins as required by the Building Department shall be submitted and approved prior to occupancy of the business.
2. If the use intensifies, the City Council shall re-evaluate the conditional use permit.
3. The CUP is approved for this requested business only and does not run with the land.

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

SECOND: The motion was seconded by Council Member Bunker.

Frank Johnson, representative of Speed-E Crete Concrete, explained that the small batch plant takes two minutes to batch up to one and one half yards of concrete. The dry product is shot into the back end of the mixer and mixes as it goes.

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 detached garage with a height up to 20'6" located at 3695 Sugar Leo Road in an R-1-10 zone. Darrell Porterfield, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held March 8, 2005, recommended approval subject to the following conditions:

1. If the Engineering Department requires a raised pad then the total garage height shall not exceed twenty feet six inches to the roof ridge.
2. A building permit must be obtained.


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3. The accessory structure may be used for the applicant?s own personal usage but may not be used for a business.
4. The accessory structure is for an accessory residential use only, and shall not be used for living quarters.

Because of the lot?s vicinity to the river, the Engineering Department thought that the applicant should elevate the structure on a 2' pad. However, the applicant has provided a form from FEMA stating that it is out of the flood plain. This would lower the height of the building to 18'6".

Ruth Rowland Lafferty commented she owns property next to the applicant and she is concerned because she plans to sell the property and does not know how sellable the property will be with a high building next to her property.

Council Member Orton commented that in the Bloomington Ranches where the lots are at least a half an acre, there are a number of garages in setback areas which exceed the 15' allowable height.

Council Member Gardner commented the way the garage is placed on the property, it does not parallel Ms. Lafferty?s property line and will not seem so imposing. The garage is 6' at the nearest point but then moves to 32' away from the property line.

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

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 medical office building to a height of 50' located west of 1450 East on the south side of Foremaster Drive (south of the hospital) in an AP zone. David Blake, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held March 8, 2005, recommended approval subject to the following conditions:

1. The conditional use permit is contingent upon the approval of zone change 2005-ZC-006 (1.002 acres).
2. The building height shall not exceed fifty feet (50') maximum height from adjacent grande.
3. The building height shall not exceed forty seven feet (47') as measured from the sidewalk on Foremaster Drive (the site is to be a minimum of 3' below the sidewalk on Foremaster).
4. Either Option #1 or #2 is recommended for approval.

The applicants would like to do either a three story building at 54,000 sq. ft. or a three story building at 72,000 sq. ft. with a walk-out basement. Comments from residents of Meadow Creek have been summarized which include concerns with traffic, building distance from the townhomes, building height, etc. He then read a fax received from a resident of Meadow Creek opposing the project.

There was a discussion about the location of the new building and its height in relation to the existing building.

Mr. Snyder explained that the Community Development Director feels condition #1 concerning the zone change should be removed because the parking could be modified and added in another location.

Council Member Allen inquired about the design of the walk-out basement, and if it was included in the motion made by the Planning Commission.

Council Member Whatcott commented a final decision rested with the City Council.
He inquired about access into the project.

A representative of the applicant pointed out the accesses into the project.
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Council Member Whatcott commented that the area has become very busy and it is difficult to get in and out of the project area. Adding another 288 parking stalls will increase the problem, and he inquired if a traffic study had been done.

Public Works Director Larry Bulloch replied the best solution is to open the new Riverside Drive. Staff is proposing to do another major master transportation study and that particular street may eventually require medians.

City Manager Gary Esplin commented there was also a street planned to run north by the Marriott.

Mr. Bulloch commented that for now, the present street works and the proposed development will not make the difference between success and failure on that street. It is a collector street, not an arterial street, and is not designed to take a lot of through traffic.

Council Member Whatcott commented the parking area accommodates 500-600 cars and this creates more traffic to the area.

Mr. Bulloch replied that the level of service is adequate on Foremaster Drive considering the fact that Riverside Drive will be opened this year.

City Attorney Shawn Guzman inquired about a traffic study. If the traffic study requires on or off-site improvements, then the City will require those to be done.

Council Member Whatcott inquired if a traffic study had been done.

An unidentified man replied that the traffic study will come in a subsequent step.

City Manager Gary Esplin commented that action at this time is to consider height of the building. The next step will require a traffic study because of the size of the project.

Community Development Director Bob Nicholson explained a traffic study was submitted for Phase One which consists of the existing three buildings. The traffic study will have to be updated once a determination is made on the height issue.

MOTION: A motion was made by Council Member Orton to approve the conditional use permit with the stipulations recommended by the Planning Commission, with the exception of condition #1.

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 an LDS church stake center near the intersection of 280 North Street and Mall Drive in an R-1-10 zone. LDS Church, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held March 8, 2005, recommended approval subject to the following conditions:

1. Subject to the resolution of any traffic issues with the Engineer Department.
2. Provide a photometric plan at the time of staff plan check.
3. Work with staff to adjust the parking lot to meet parking requirements, and provide landscaped islands.

Mr. Snyder advised one resident was concerned about lighting that might shine into their bedroom window, and staff advised them that lighting would be looked at as part of the plan review process.

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

SECOND: The motion was seconded by Council Member Whatcott.


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March 17, 2005
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VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

STREET NAME CHANGE:
Consider approval of a street name change from Ticaboo Drive to Ticaboo Mesa Drive. Elwin Davis, applicant.

This item was tabled because the applicant was not present.

UDOT LETTER OF CONCURRENCE:
Consider approval of a UDOT letter of concurrence to hire URS to do environmental and design work on the Valley View bridge.

City Manager Gary Esplin explained that URS is the firm selected by UDOT and staff to proceed with the work.

MOTION: A motion was made by Council Member Allen to approve the letter of concurrence.

SECOND: The motion was seconded by Council Member Orton.

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

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for environmental and design services for the new Valley View Drive bridge.

City Manager Gary Esplin explained that the City will pay its share of design fees on an 80/20 basis with the City paying 20% in the amount of $81,128.21.

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

SECOND: The motion was seconded by Council Member Bunker.

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

AIRPORT RENTAL CAR CONCESSION AGREEMENTS:
Consider approval of new airport rental car concession agreements with Alamo/National, Budget Car Rental, Inc., Avis Rent-A-Car, and Hertz Rental.

Council Member Orton commented that even though the City rents a certain number of stalls to a car rental agency at the airport, they park many more cars in the airport parking lot.

Airport Manager Dave Ulane replied that staff has been addressing this issue this past week with one particular operator. There is no charge for the additional overflow cars. He did not know how many cars the rental companies had located at the airport as that is one of the proprietary things they do not like to share. He explained that parking is an issue at the airport and staff has been chalking tires and enforcing the 15 day limitation more stringently.

Council Member Orton inquired why car rental companies are not charged for the number of stalls they use.

Mr. Ulane replied that the City will end up with more revenue based on the percentage of gross. However, car rental companies are just as secretive of their gross sales figures as they are about the number of cars in their fleet, so he had to make an estimate based on what they were telling him. This new arrangement should generate close to $100,000 of additional revenue at the airport.

Council Member Orton inquired if the City had the power to audit their sales figures.

Mr. Ulane replied that this is included in the agreement.



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March 17, 2005
Page Fourteen

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

SECOND: The motion was seconded by Council Member Allen.

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

CLEAN GREEN POWER PROGRAM:
Consider approval of a Clean Green Power Program to market renewable energy.

Conservation Coordinator Ren? Fleming explained that the City has some renewable energy in its resource mix; right now it is wind power and hydro power. Staff would like to develop more renewable energy as it is good for the environment and does not create emissions, but it is more expensive to pursue these projects. Staff would like to offer the City?s customers the opportunity to purchase a portion of their energy needs from renewable energy on 100 kw blocks. They can sign up for one block, or as many as they would like. A typical home uses between 2000-2500 kw hours in a month. 100 kw hour blocks seem to be standard within the industry. The cost is $2.95 per block rather than the City?s regular fee of 7.1? per kw hour.

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

SECOND: The motion was seconded by Council Member Bunker.

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

AGREEMENT:
Consider approval of an interconnection agreement with Questar Gas.
This item was tabled.

AGREEMENT:
Consider approval of the UAMPS 138 KV power system interconnection agreement.

City Manager Gary Esplin explained that approval of the agreement would allow the City?s new gas-fired generating plant to hook into the UAMPS 138 line which can then be used by other entities if they want to purchase power.

City Attorney Shawn Guzman recommended that any approval be subject to legal review.

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

SECOND: The motion was seconded by Council Member Gardner.

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

City Manager Gary Esplin advised that the City received its air quality permit so it will move forward with the project as fast as possible.

AGREEMENT:
Consider approval of a cooperative agreement with UDOT for betterment costs on the St. George Blvd. reconstruction project.

City Manager Gary Esplin explained that the agreement spells out the details of the City?s costs on the project. At this point in time it is guessed the City?s share will be $1.9 million of the betterment costs.

Marc Mortensen, Assistant to the City Manager, explained that there were a few items in the agreement staff felt could be lowered if they were bid separately by the City, such as tree grates, street lights, and slip line the sewer. UDOT agrees to pay

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March 17, 2005
Page Fifteen

the City $50,000, and the City is then responsible for costs above and beyond $50,000. Staff anticipates the cost to slip line the sewer system will be $120,000. The City is also responsible for the cost of the laterals at approximately $44,000. The total impact to the General Fund is anticipated to be $1.3 million. The additional $600,000 will come from the Enterprise Funds in either Water, Storm Drain or Energy Services.

MOTION: A motion was made by Council Member Orton to approve the agreement in the amount of $1,325,842.50.

SECOND: The motion was seconded by Council Member Allen.

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

RESOLUTION:
Consider approval of a resolution approving the refunding by the Washington County/St. George Interlocal Agency, Washington County, Utah, (the ?WCIA?) of all or a portion of its outstanding lease revenue bonds, Series 1997A, and the financing of additional improvements; and authorizing the appropriate officials of the City of St. George to work with the WCIA and Washington County to accomplish the same, and related matters.

City Manager Gary Esplin explained that before any new funding is done, both entities must approve it. The refunding is being done to take advantage of the interest rate to redo the bonds, eliminate the debt reserve fund, and free up enough money for some additions to the Dixie Center.

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

SECOND: The motion was seconded by Council Member Gardner.

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

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

The vote was unanimous and the motion carried.

Mr. Esplin explained that the bond refunding does not change any contributions made by the City.

AGREEMENT:
Consider approval of an interlocal cooperation agreement for school resource officers within Santa Clara City.

City Manager Gary Esplin explained that school resource officers are funded through interlocal agreements with all affected entities in Washington County. There is now a new school in Santa Clara City, and Santa Clara City is asking for City participation based on the number of St. George students attending the school.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

Council Member Orton inquired if the City was going to be able to keep Resource Officers in all the schools as a result of a decrease in funding.



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March 17, 2005
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City Manager Gary Esplin replied that grant funding is phased out over a period of time, and the City will be weaned off the federal program shortly and will be on its own.

Council Member Orton inquired if all the other communities were participating.

City Attorney Shawn Guzman replied that any community which sends students to St. George schools participates, and the School District pays 50% of the funding.
He explained that the new school in Santa Clara City, Lava Ridge Intermediate, has been open for two to three years, and 52% of its students are from St. George.

MINUTES:
Consider approval of the minutes of the regular City Council meeting held February 17, 2005.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

Consider approval of the minutes of the special City Council meeting held February 24, 2005.

MOTION: A motion was made by Council Member Whatcott 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 regular City Council meeting held March 3, 2005.

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

SECOND: The motion was seconded by Council Member Allen.

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

ADJOURN:
MOTION: A motion to 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