City Council Minutes

Thursday, December 9,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 9, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Suzanne Allen

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of
allegiance was led by Craig Harding, and the invocation was offered by Rev. Alex Wilkey.
PRESENTATION:
Jerry Tischner, President of the St. George Lions Club, presented the City with a check in the amount of $5,000 to be used to purchase two mountain bikes for the Bike Patrol . Lorin Johnson, representing the Police Department, accepted the check on the behalf of the Police Department.

PRESENTATION:
Mike Hyland, manager of the Bloomington Walmart, presented the City with three checks in the amount of $1,000 each for the Police Department, Fire Department, and Shop With A Cop program. Fire Chief Robert Stoker accepted the check on behalf of the Fire Department and advised that the money would be used to purchase safety equipment for firefighters. Craig Harding accepted the checks on behalf of the Police Department and advised that the money would be used for the Shop With A Cop program and the Safe Kids program.

PRESENTATION:
A presentation was made by Jon Pike on the marathon trip to Ibigawa, Japan.

Eldon McArthur thanked the Mayor and City Council for the opportunity to go Ibigawa to represent the City, and advised that he has close ties with his host family, and even though there may be a language barrier, everyone understands the common language of love.

Debbie Zockoll thanked the Mayor and City Council for the opportunity to visit Ibigawa, Japan and participate in their marathon, and commented that it was a life changing experience for her.

Kristi Pike thanked the Mayor and City Council for the opportunity to go to Ibigawa, Japan and said that it was a bonding experience.

John Bradley commented that it was a pleasure to represent the Leisure Services Department in Ibigawa, Japan and that it was exciting to see how they ran their marathon.
He thanked the Mayor and City Council for the opportunity.

INTRODUCTION OF SCOUT:
Mayor McArthur invited a Scout in the audience to introduce himself.

AWARD OF BID:
Consider award of bid for polymer for the Water Treatment Plant and the Wastewater Treatment Plant.

Purchasing Agent Sue Swensen presented the following bids:

Polydyne Water Treatment $13,529.25
Wastewater Treatment $97,008.00

Nalco Water Treatment $18,837
Wastewater Treatment No Bid

Thatcher Chemical Water Treatment $22,446
Wastewater Treatment $137,008

She recommended award of the bid to the low bidder, Polydyne, in an amount not to exceed $115,000 for the year for both plants.

MOTION: A motion was made by Council Member Gardner to award the bid to Polydyne in an amount not to exceed $115,000 for the year for both plants.

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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December 9, 2004
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AWARD OF BID:
Consider award of bid for lubricants and hydraulic oils.

Purchasing Agent Sue Swensen presented the following bids:

Tri-Valley $45,633.30
Overland $48,574.30

She recommended award of the bid to the low bidder, Tri-Valley, in an amount not to exceed $45,633.30 for the year on a three year contract with a yearly review.

MOTION: A motion was made by Council Member Orton to award the bid to Tri-Valley in an amount not to exceed $45,633.30 for the year on a three year contract with a yearly review.

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 bulk fuel.

Purchasing Agent Sue Swensen presented the following bids:

Petroleum Wholesale $817,320
Overland Petroleum $803,745

She recommended award of the bid to the low bidder, Overland Petroleum, in the amount of $803,745 for the year.

MOTION: A motion was made by Council Member Orton to award the bid to Overland Petroleum in the amount of $803,745 for the year.

SECOND: The motion was seconded by Council Member Gardner.

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

AWARD OF BID:
Consider award of bid for a one-ton cab and chassis.

Purchasing Agent Sue Swensen presented the following bids:

Young Chevrolet $28,755.30
St. George Ford $27,822.70
Butterfield Ford $27,369.

She advised that the local bidder, St. George Ford, declined to meet the low bid. She recommended award of the bid to the low bidder, Butterfield Ford, in the amount of $27,369.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Butterfield Ford, in the amount of $27,369.

SECOND: The motion was seconded by Council Member Whatcott.

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

PURCHASE AGREEMENT:
Consider approval of a purchase agreement for a 40 MW natural gas fired turbine for internal generation.

City Manager Gary Esplin explained that this is a purchase agreement for a turbine which is considered used, even though it has never been used, because it is one year old. The City went out to bid separately for the turbine and for its installation and erection of a facility. Bidders made proposals, but some could not produce the turbine. After negotiations, the lowest responsible bid is with Manning Industries for the purchase of the turbine, installation, and erection of a facility in the amount of $16,557,460. He recommended approval of the purchase agreement subject to review by the City Attorney and City Manager. Manning Industries is a nationally renowned firm, and it is not anticipated there will be any problems. The purchase has been reviewed by the Water and Power Board, and they recommend approval. The generator will allow the City to use natural gas to serve the peaks in the summer to avoid having to go out on the market. Also, if the City loses transmission, the City could fire up the gas turbine and generate enough power along with the other diesels to operate critical facilities within the City.

Energy Services Director Phil Solomon explained the gas turbine will be located in the Millcreek Industrial Park next to the Millcreek substation, and he is in the process of working with the Division of Air Quality to obtain the permit.


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December 9, 2004
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City Manager Gary Esplin explained that staff went to Texas to analyze the unit, and also had an independent company look at the engine and calibrate it. They determined that it was as represented and should be good for the City?s needs.

MOTION: A motion to purchase the gas turbine and allow staff and the City Attorney to finalize the EPC in the total amount of $16,557,460, and subject to review by the City Manager and City Attorney, was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Orton.

Mr. Solomon explained that staff is working on financing, and it is likely that bonding will be needed.

City Manager Gary Esplin explained that bonding will not affect the rates and there should not be a rate increase.

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

Mr. Solomon commented that this purchase is part of the department?s capital facility plan.

Mr. Esplin commented that this purchase was included in the budget.

PRESENTATION OF AUDIT:
Presentation of the annual audit report.

Ken Hinton advised that the City is financially healthy, and the audit found the City?s financial statements to be in order with no material instances of non-compliance with federal or state law. He advised that a clean opinion was given, and that based upon his audit, in his opinion the City is being run very well.

PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider a request to amend the General Plan Land Use Map from Open Space and Low Density Residential to Commercial on property located southwest of the Foremaster Drive and Riverside Drive intersection on the west side of the future Riverside Drive extension. Rich Lewis, applicant.

Community Development Director Bob Nicholson explained that the purpose of the amendment is to add an 80' right-of-way. The applicant is willing to donate hillside property. The property is currently zoned low density residential and open space. The Planning Commission recommended approval on a four to one vote, feeling that commercial use would make more sense than residential because of the five lane road. Part of the property is zoned R-3 and the balance is zoned R-1-10.

Council Member Bunker commented she did not see why the property could not remain residential.

Rich Lewis, applicant, explained that he would rather have the property zoned PD Commercial than residential and that it would be a better fit. The two upper buildings would act as a buffer between the adjacent zone and would hide the scarring.

City Attorney Shawn Guzman explained that the applicant made several changes to his plan at the request for the Hillside Review Board.

Mr. Lewis explained that the top buildings will be a football field away from the top of the ridge.

Council Member Whatcott commented there was no sense in changing the general plan if the zone was not going to be changed.

Mayor McArthur suggested that a site visit be made.

Mr. Nicholson commented that staff was not comfortable with the buildings located midpoint up the hillside. However, the slopes are within 25-40%, but this is a PD request.

Council Member Gardner commented that according to the slope analysis, something could be built within that area.

Mayor McArthur opened the public hearing.

Rulon Jones, a resident of Foremaster Ridge, commented that residents of Foremaster Ridge are opposed to the change and based on what they know, are opposed to commercial designation.

Mayor McArthur commented that more college housing could be built as presently zoned, and he inquired of Mr. Jones if he would rather see more high density housing, or commercial.

Mr. Jones replied that it would be hard to tell without seeing how it would turn out.

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December 9, 2004
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Mayor McArthur commented that commercial zoning would have less impact on the neighborhood, as it is limited commercial, and that side of the hill is already heavily impacted by high density residential.

Mr. Jones replied that those he spoke to feel the area needs to remain residential, and they do not want a convenience store at the bottom of the hill, or other businesses which are not a good compliment to the residential area.

Wilford Day commented that he signed a petition against commercial zoning, and he did not want the nuisances normally found in commercial areas. He requested that nuisance-type businesses be banned, and he did not want anything in the neighborhood that the developer would not accept next to his own home. He stated he preferred R-1-10 zoning.

Council Member Orton advised that the area is already zoned R-3.

Mayor McArthur explained that the property owner has a right to use his property.

Mr. Day advised that there are 100 signatures on the petition against commercial zoning. However, he personally felt that if traffic problems can be alleviated and the businesses are not a problem and are quiet and attractive, commercial zoning would probably be the best way to go.

Don Cox, a resident of Foremaster Ridge, expressed concern about traffic, and stated that commercial zoning would cause more traffic. He stated he was under the impression the property was currently zoned Open Space and R-1-10. He stated that overall he was against it, and did not want to see commercial go way up the hillside.

Council Member Whatcott expressed surprise that there was a lot of R-3 zoning on the west side of the road.

City Manager Gary Esplin replied that when the zone change was requested, a legal description had to be done. Everyone was caught by surprise at how much property on the west side of the road was zoned R-3. He stated he felt that 12-14 residential units per acre would clog up the roads more so than commercial zoning.

Mr. Cox stated he would now rather have commercial zoning, but the rest of the residents are under the assumption that the property is currently zoned Open Space and R-1-10.

Community Development Director Bob Nicholson stated that another option would be to designate the property as Professional Office to eliminate restaurants, auto shops, etc.

City Attorney Shawn Guzman advised that another public hearing would have to be held to change the designation to Professional Office. The Planning Commission recommended limited uses for the site.

Mr. Nicholson commented that a Professional Office designation is more restrictive than a commercial designation.

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

Council Member Whatcott commented that he had a problem with definitive lines on the general plan. Additionally, the City Council has not discussed nor looked at the site for the south area designated as commercial. He stated he felt a site visit was needed.

MOTION: A motion was made by Council Member Whatcott to change the General Plan designation to Commercial for the northern portion of Riverside Drive, excluding the south portion.

SECOND: The motion was seconded by Council Member Gardner.

Mr. Lewis commented that he would rather have R-3 zoning than limit the uses of the property. The traffic study, soils study, and drainage study have been performed, and the hillside committee and engineers have studied the area for six months in order to stay under the 40% slope areas. The lines on the plan designate the buildable and non-buildable areas.

Mayor McArthur commented the concern is with the upper buildings, not the lower buildings. He suggested that the matter be tabled and a site visit made.

City Manager Gary Esplin commented that while the property owner may think the best use for the property is R-3, the Planning Commission recommended a C-2 commercial zone. The issue is if the current master plan designation is OK, or if it should be changed to R-3 or commercial. The recommendation is that multiple family residential is not the best use, and that is what needs to be decided. Specific zoning will come later on the agenda.

Council Member Bunker commented that 100 people prefer to have residential, even if it is apartments.



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December 9, 2004
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City Manager Gary Esplin replied that public clamor is not a proper planning tool for determining zoning.

Mr. Lewis commented that he would rather have the matter tabled than action taken on it tonight.

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 - nay

The motion passed.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential and R-3 Multi-Family Residential to Planned Development 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.

City Manager Gary Esplin suggested that the matter be tabled to allow the City Council to go on a field trip to look at the site.

Community Development Director Bob Nicholson explained that the applicant proposes 11 buildings on the north parcel of 11.8 acres, and nine buildings along the lower level which is relatively flat. The upper two buildings are two stories with underground parking. 55% of the site would be landscaped. Parking exceeds City requirements. The applicant proposes 498 parking spaces in the north area.

Wilford Day requested a list of what kind of businesses the applicant planned on putting in.

Council Member Orton replied that no one could know at this time which businesses would locate in the buildings, and that is why the Planning Commission recommended limiting the uses.

Mr. Day stated he felt the recommended uses should be narrowed down.

Mr. Nicholson explained that the upper two buildings would be limited to office use only.

Mayor McArthur explained that in a PD zone what is shown is what has to be built.

City Attorney Shawn Guzman explained that the City Council could ask that the applicant to come back with each building elevation, or come in with general elevations and then staff could check to make sure that each complies with the PD plan.

Mr. Lewis commented that at present he had no tenants.

Randy Simonsen, applicant, clarified that the Planning Commission and Hillside Review Board requested that the three story building with parking underneath be moved back.

Mayor McArthur inquired if the roof of the building would cover the cut.

Mr. Simonsen replied that the cut would be covered by the roof, and on either side by landscaping or rock.

Mayor McArthur opened the public hearing.

Wilford Day inquired if the public hearing would be continued until after the site inspection.

Mayor McArthur replied that it would be continued.

Rulon Jones commented that now with more information, he would rather see commercial zoning and he was sure his neighbors would too if they knew.

A site visit was scheduled for December 16th at 12:00 noon.

MOTION: A motion was made by Council Member Gardner to continue the public hearing until the next City Council meeting in January.

SECOND: The motion was seconded by Council Member Orton.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RCC Residential Central City to Planned Development Commercial on 0.76 acre located at 300 South and 154 East. Mark Sleight, applicant.
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Page Six

Associate Planner Mark Bradley explained that the 3,000 sq. ft. non-conforming lot was created in 1992 and is currently zoned RCC. There is an existing home on the site. Adjacent zoning is PD Commercial, and he would like to use the home short term for storage and office use. Long term plans include removal of the building and use of the property for parking. The Planning Commission recommended approval subject to verifying that parking would work if the property were converted and minimum parking standards can be met. A shared driveway exists between this home and the adjacent home, and will have to be narrowed down to 11' in width when the home is demolished. The adjoining parking lot would be at a higher elevation and a block wall would have to be built to separate the adjoining residential property.

Mark Sleight, applicant, explained he would like to use the home for storage. There would be no impact on parking or visitation. The adjoining residential property?s access will be reduced to 11', and the elevation change to the adjoining parking lot is about 3'.

Community Development Director Bob Nicholson advised that a solid fence is required.

Mr. Sleight explained that there is an existing fence surrounding the daycare, and it is chain link with slats. However, if it needs to be a solid fence, he would do what was needed.

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

Council Member Gardner expressed concern with the loss of a family home in the downtown area.

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

SECOND: The motion was seconded by Council Member Bunker.

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

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

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RE-20 Residential Estates to R-1-10 Single Family Residential on 4.6 acres located at 750 North and 1300 West. Brett Burgess, applicant.

Community Development Director Bob Nicholson explained that the subject property backs up against the City Creek Wash. Property to the south is zoned R-1-10, and property just up the street was recently granted R-1-10 zoning. The proposed zoning complies with the General Plan and the Planning Commission recommends approval.

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 Bunker.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider amending Title 10, Chapter 7B, Section 6D and Chapter 10, Section 5B, St. George City Code, to change the wording from inoperable automobile to inoperable vehicle, and to include the word ?vessel? in the term ?vehicle.?

and

Public hearing to consider amending Title 10, Chapter 2, Section 1, St. George City Code, relating to definitions of vehicles, inoperable vehicles, abandoned vehicles, and vessel.

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December 9, 2004
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and

Public hearing to consider amending Title 10, Chapter 2, Section 1, and Chapter 19, Section 6, St. George City Code, relating to parking regulations and definition of unimproved lot.

Mayor McArthur advised that all three public hearings would be combined into one.

Community Development Director Bob Nicholson briefly explained the proposed changes.

Council Member Gardner commented he felt the proposed definition of unimproved lot would create more problems than it would solve.

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 first two ordinances, but not the third.

SECOND: The motion was seconded by Council Member Orton.

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

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

The vote was unanimous and the motion carried.

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

SECOND: The motion was seconded by Council Member Whatcott.

City Attorney Shawn Guzman explained that the reason the ordinance was developed is to allow the City to cite a vehicle owner who parks his vehicle for sale on an unimproved lot, rather than citing the lot owner, as sometimes the lot owner is unaware that someone has parked his or her vehicle for sale on the unimproved lot.

Community Development Director Bob Nicholson explained that the Zoning Ordinance would allow up to three vehicles for sale to be parked on an unimproved surface.

City Attorney Shawn Guzman explained that the owner of one vehicle parked for sale on an unimproved surface can be criminally cited.

City Manager Gary Esplin suggested that the matter be tabled to make sure there is no conflict between civil and criminal penalties for parking a vehicle for sale on an unimproved lot.

SUBSTITUTE MOTION: A substitute motion to table the third ordinance was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Bunker.

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

RESOLUTION:
Consider approval of a resolution authorizing the issuance of Senior Housing Bonds, Series 2004A and Series 2004B for OK Foundation; execution of a Bond Purchase Agreement, and other related matters.
City Manager Gary Esplin explained that approval of the resolution would allow OK Kids to use the City as a conduit to issue tax exempt bonds. The City would have no obligation with regard to the bonds. The City had some questions about making certain the taxing entities were kept whole, as committed to by OK Kids, but a meeting has been held with the applicants and the matter clarified. A letter will be recorded with the property and become a binding instrument which would run with the property as long as the bonds are outstanding to keep the taxing entities whole. The City Attorney has not had a chance to review the final bond documents, but believes the issues have been resolved. He recommended approval.

Mayor McArthur inquired when the frontage road would be put in.

City Manager Gary Esplin replied that the frontage road would be built in the second phase of the project.

Kent Norton, applicant, advised that he did not know when the road would be built, but that he would probably be back after the holidays to talk about it. He advised that the final

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evaluation of the property came in higher than expected, so he requested that the amount be changed from $30.4 million to $30.7 million.

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

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 Bunker - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

ACCEPT DONATION:
Consider acceptance of a donation of hillside property located on the east side of the East Black Ridge from the UAMPS power line to the top of the ridge.

City Manager Gary Esplin explained that the property being donated is located behind the development along the Black Hill where the power lines are along the Primrose Subdivision, and consists of 3.39 acres.

Community Development Director Bob Nicholson advised that Rich Lewis was the donor.

MOTION: A motion was made by Council Member Whatcott to accept the donation of property with gratitude.

SECOND: The motion was seconded by Council Member Gardner.

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

ACCEPT DONATION:
Consider acceptance of the Certification of Annexation Petition for Little Valley Farms.

City Manager Gary Esplin advised that the donor is Mike Signorelli.

MOTION: A motion was made by Council Member Orton to accept the certification.

SECOND: The motion was seconded by Council Member Bunker.

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

ANNEXATION PETITION:
Consider acceptance of the annexation petition for the Plantations Drive Addition.

City Manager Gary Esplin explained that the City received an annexation petition on 1.77 acres of property for the extension of Plantations Drive.

Community Development Director Bob Nicholson explained that acceptance of the annexation petition is the first step in the formal annexation process.

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

Mayor McArthur called for a five minute break.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 23, 2004, recommended on a four to two vote that a public hearing be scheduled for January 6, 2005 at 5:00 p.m. to consider an amendment to the General Plan Land Use Map from Low Density Residential to Professional Office on 2.67 acres located east of Valley View Drive at 950 West. L. J. Morwood and Barbara Morwood Family Trust, applicant.

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

SECOND: The motion was seconded by Council Member Orton.

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



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SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 23, 2004, unanimously recommended that public hearings be scheduled for January 6, 2005 at 5:00 p.m. to consider the following items:

(A) A zone change request from R-1-10 to PD Residential on 1.878 acres located at 1100 East at approximately 1000 South. Kevin Ence, applicant.

(B) A zone change and amendment of the existing PD Residential zone to R-1-10 on 10.52 acres located at approximately Upper Sir Monte Drive and Rolling Hills Drive. Brett Burgess, applicant.

(C) An amendment to St. George City Code, Title 10, Chapter 19, to allow existing buildings within the Historic District to change the use to restaurant use even though the building may be non-conforming as to parking. City of St. George, applicant.

MOTION: A motion was made by Council Member Orton to schedule 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 November 23, 2004, recommended approval of the following final plats:

(A) Red Butte Subdivision Phase 3 located at 2450 South 2350 East. Rick Salisbury, applicant.

(B) Roadway dedication for 1440 East Circle located in the Ft. Pearce Industrial Park area. Pope Engineering, agent.

(C) Coventry Lane Phase 3 located south of 100 North on Dixie Drive. Ence Homes, applicant.

He recommended approval subject to final review by staff.

MOTION: A motion was made by Council Member Gardner to approve the final plats and authorize the Mayor to sign them.

SECOND: The motion was seconded by Council Member Whatcott.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held November 23, 2004, recommended approval of the preliminary plat for Bellsera Phase 4 at Sunbrook located off of Sunbrook Drive south of Crescent Point. Sunhill Homes, applicant. He explained that staff?s main concern was the subdivision?s proximity to Hole 2. Staff recommends that some of the units be redesigned to fall outside of the hazard area. The applicant is proposing a mitigation plan with clustering of trees. The Planning Commission recommends approval with the stipulation that a protection netting may be required at a later date if necessary, and to allow individual property owners to install a protection netting that would exceed six feet in height. If tree clustering is approved, the developer should put the trees in, but they would be located on City property.

City Manager Gary Esplin commented that architect standards allow units to be built 150' from the centerline of a fairway. If trees are used for hazard mitigation, they should be located as close as possible to the tee rather than in front of the lots. The developer should be required to install as much mitigation as possible, locate the trees as close as possible to the tee, and make sure a hazard notation is included on the plat.

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

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 commented that installation of protection netting could be addressed with the final plat.

Council Member Gardner commented he would like installation of protection netting to be addressed with the final plat, and he would include this in his motion.


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City Manager Gary Esplin commented that the applicant should work with City staff on placement of the trees.

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held November 23, 2004, recommended approval of the preliminary plat for Bella Vista at Sunbrook located off Luce Del Sol Drive at the southeasterly area of the Sunbrook development. Sunhill Homes, applicant. The Planning Commission recommends approval, allowing the 30' setback area to be limited common area with a required wrought iron type of safety fence along the outer edge of the phase boundary line.

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

SECOND: The motion was seconded by Council Member Orton.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 23, 2004, recommended approval of a hillside development permit for Escalera Phase2 located north of Middleton Drive at 2000 East. Milo McCowan, applicant. The Hillside Review Board recommended approval of the plans as submitted, and also recommended approval to disturb the portion of the 26-39% slope area within Lots 224 and 225. The Planning Commission recommended approval subject to the recommendations of the Hillside Review Board.

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

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 FOR PROPOSED COMMERCIAL DEVELOPMENT LOCATED SOUTHWEST OF FOREMASTER DRIVE AND RIVERSIDE DRIVE INTERSECTION ON THE WEST SIDE OF THE FUTURE RIVERSIDE DRIVE EXTENSION:
This item was tabled.

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held November 23, 2004, recommended approval of a site plan and building elevation for a proposed auto center with a reduced rear setback within a PD Commercial zone located off of 1600 South and Blackridge Drive. Nick Frei, applicant. The Planning Commission recommends approval subject to screening of all roof equipment.

Nick Frei, representing Gordon Palmer, explained that the building will have a tan roof and the mechanical equipment will also be tan.

City Manager Gary Esplin commented that even though parking requirements are met, there will be parking enforcement issues if cars are parked along the street.

Mr. Frei explained that there is a screen area between the zero lot line of the buildings for overflow parking.

MOTION: A motion was made by Council Member Orton to approve the site plan and building elevation, but to give staff the latitude to look at different methods of screening and make a determination if it is acceptable.

SECOND: The motion was seconded by Council Member Gardner.

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

LOT SPLIT:
Assistant Planner Ray Snyder advised that the Planning Commission, at its meeting held November 23, 2004, recommended approval of a lot split to divide a parcel of land in two located within an R-1-10 zone at the southwest corner of Indian Hills Drive and 490 West Street intersection. Marc Brown, applicant.

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

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:
Consider approval of a hillside development permit for multiple family apartments in the Fossil Hills PD. SITLA, applicant.
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December 9, 2004
Page Eleven

City Manager Gary Esplin explained that this item was tabled from the last City Council agenda in order for the City Council to make a site visit. The applicants have since enlarged the conservation easement area to act as a buffer between the larger lot subdivision and industrial subdivision.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit.

SECOND: The motion was seconded by Council Member Bunker.

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

Associate Planner Mark Bradley inquired if the conservation easement area would be designated as Open Space.

City Manager Gary Esplin replied that it would.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a new elementary school in the Little Valley area located at Horseman?s Park Road and 2350 East. Washington County School District, applicant.

Assistant Planner Ray Snyder explained that the request was originally submitted for an alternate location. A landscape plan will be provided. More parking than required is being provided, and setbacks have been met. No negative comments have been received by the City, and the Planning Commission recommends approval with the following conditions: (1) two emergency access points are maintained; (2) a flood plain elevation certificate be processed; (3) installation of a piped storm drain to replace the existing irrigation ditch; and (4) the project shall comply with the recommendations of all engineering studies.

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

SECOND: The motion was seconded by Council Member Orton.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit in a Landmark Site at 212 South 200 East for receptions and family reunions. Dr. Mark and Barbara Greene, applicants.

Assistant Planner Ray Snyder explained that the driveway is only 14' wide, and only small groups can be accommodated. There is a 110 year old mulberry tree on the property, but the Planning Commission is opposed to taking it out to make room for more parking. Only three cars can be parked in the driveway. There is the possibility of parking five vehicles on the street, for a total of parking for eight vehicles. The Planning Commission recommends approval subject to the following conditions: (a) the applicant shall provide a minimum of three off-street parking spaces; (b) the applicant shall maintain the level of landscaping existing at the time of this approval; and (c) limit the total persons on site to twenty.

Council Member Gardner commented that from a neighborhood perspective, he would rather see the house remain as a home.

Sam Charter, representing the applicants, explained that the Greene House, as well as this home, are in the Greene Family Partnership and will remain in the family.

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

SECOND: The motion was seconded by Council Member Orton.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit in a Landmark Site at 162 South 300 West for wedding receptions, family reunions, and other large gatherings. Dr. Mark and Barbara Greene, applicants.

Assistant Planner Ray Snyder advised that the home has five bedrooms, with two in the carriage house. The driveway is rock based and at least six cars can park off the driveway, with two more in front of the carriage house, and one to two more off the side with the ability to still use the driveway. There is also good off-street parking. The home can accommodate 22 guests overnight. The Planning Commission felt the driveway could remain as is, but to meet the intent of the code, the parking area should be paved. They recommended approval subject to the following conditions: (a) the applicant shall provide a minimum of six off-street parking spaces; (b) the applicant shall maintain the level of landscaping existing at the time of this approval; and (c) on-site parking shall require the

St. George City Council Minutes
December 9, 2004
Page Twelve

placement of either a concrete parking pad, an asphalt pad, or paver blocks. The driveway may remain as gravel.

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 Whatcott.

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

The Council commented that pavers were optional; they would rather see the gravel driveway left as is, but they did not want the driveway to be cement or asphalt.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a day care and preschool for up to 16 children in a home at 1075 McKinley Way. Annie VanYperen, applicant.

Assistant Planner Ray Snyder explained that the applicant already has a daycare business, but would like to increase the number of children to 16. The Planning Commission recommends approval.

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.

WAIVE PENDING ORDINANCE:
Consider waiving the pending ordinance in the Sandtown area. Jeremy Black, applicant.

City Manager Gary Esplin explained that a pending ordinance was imposed for the Sandtown area a while ago. Mr. Black?s project was already in the process at the time and so was exempt from the pending ordinance. Since that time he has acquired property adjacent to his project and would like to add it to his original project, and staff does not have the ability to waive the pending ordinance.

Reid Pope commented that the addition of property would enhance the area and the project.

Jeremy Black, applicant, explained that it would make sense to include the adjacent property because of limited access issues. The units would also be individually owned.

Community Development Director Bob Nicholson explained that Mr. Black?s project is zoned R-2 now which allows 14 units per acre.

Council Member Whatcott commented that Mr. Black?s lot frontage would require a PD zone.

Mr. Black advised that he is currently approved for apartments, and he would like to come back in the future and request a PD zone, but would like to continue with the project for now because his loans are in place to build the original units and put the road in.

City Manager Gary Esplin advised Mr. Black that he could not continue without a PD zone change because of the frontage. Staff recommends approval of the request and to let them determine if the applicant can meet the ordinance. If a zone change is required, then Mr. Black will have to wait until the RCC zone determination has been made.

MOTION: A motion was made by Council Member Gardner to approve waiver of the pending ordinance doctrine as requested, and let staff determine if the applicant can continue without a zone change.

SECOND: The motion was seconded by Council Member Bunker.

Council Member Orton commented he felt the applicant?s request was not consistent with what the City was trying to do with RCC zoning.

City Manager Gary Esplin replied that while the request may not comply with the spirit of the RCC zone, it would be better than having apartments.

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

NET METERING:
Consider approval of a net metering program for photovoltic (solar) systems.

This item was tabled.

APPOINTMENTS:
Mayor McArthur recommended that Jon Pike be appointed to continue as Chairman of the Arts Commission.
St. George City Council Minutes
December 9, 2004
Page Thirteen

MOTION: A motion was made by Council Member Gardner to appoint Jon Pike as Chairman of the Arts Commission.

SECOND: The motion was seconded by Council Member Bunker.

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

BEER LICENSES:
Consider approval of off-premise beer licenses for the new owner of the Sunmarts located at 81 No. River Rd. and 1409 St. George Blvd. Norman Younker, applicant.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

CHANGE ORDER:
Consider approval of a change order for expansion of the Water Treatment Plant.

Water Services Director Barry Barnum explained that excavation work at the plant expansion was based on a geotech report that suggested the excavation could be done with normal sized equipment. However, the heaviest equipment possible was needed, and even so, blasting was required. The contractor did encounter a genuine change of conditions, and an on-site engineer concurred. Two other geotech engineers concurred also. The original geotech report was not done by a local firm. Mr. Barnum felt the change order was a fair settlement, yet did not give the contractor everything he wanted. The amount of the change order is $299,950.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

PROPERTY DONATION:
Consider acceptance of a donation of hillside property located on the south part of the East Black Ridge from the Foremaster and Pearce families.

City Manager Gary Esplin explained that the property being donated is located along Riverside Drive and consists of five acres.

MOTION: A motion was made by Council Member Gardner to accept the property donation with gratitude.

SECOND: The motion was seconded by Council Member Bunker.

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

PROPERTY DONATION:
Consider acceptance of a donation of property located on the east side of the Middleton Wash from Larry Belliston.

City Manager Gary Esplin explained that Larry Belliston is the developer of the project. The property proposed for donation to the City is located on the west side of the road.

MOTION: A motion was made by Council Member Whatcott to accept the donation with gratitude.

SECOND: The motion was seconded by Council Member Orton.

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

PROPERTY DONATION:
Consider acceptance of a donation of property located above Shadow Mountain on the west side of the West Black Ridge from the Atkin family.

City Manager Gary Esplin explained that the subject property consists of ten acres located next to BLM property. Next year the City will enter into a purchase agreement for the balance of the property.

MOTION: A motion was made by Council Member Gardner to accept the property donation with gratitude.

SECOND: The motion was seconded by Council Member Whatcott.

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


St. George City Council Minutes
December 9, 2004
Page Fourteen

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held November 18, 2004.

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

SECOND: The motion was seconded by Council Member Orton.

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 November 23, 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.

ADJOURN TO RDA MEETING:
MOTION: A motion was made by Council Member Whatcott to adjourn to an RDA meeting.

SECOND: The motion was seconded by Council Member Orton.

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

RECONVENE AND ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to reconvene and adjourn to an executive session to discuss personnel, property, and litigation matters was made by Council Member Whatcott.

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 Gardner - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene 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.

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin requested permission to hire a CIO instead of a Systems Administrator at a higher salary, and then later on hire the Systems Administrator, if needed. It was the consensus of the City Council to hire a CIO now, and a Systems Administrator later, if needed.

City Manager Gary Esplin advised that the Police Department is losing four officers for various reasons, and the Police Chief would like to hire one police officer now with the hope that in 18 months the Council would approve one more police officer position. There is no additional money outlay at this time. It was the consensus of the City Council to hire one additional police officer now to replace one that is leaving.

City Manager Gary Esplin advised that Building Inspection needs another Building Inspector. Revenue is building and permits are up.

City Manager Gary Esplin advised that the City Office Building is at capacity, and more room is needed for employees. He suggested that the City purchase another building and move employees to it free up space downstairs.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
The meeting adjourned at 10:45 p.m.

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Gay Cragun, City Recorder