City Council

Thursday, November 4,2004
Minutes



CITY OF ST. GEORGE COUNCIL MEETING
REGULAR MEETING
NOVEMBER 4, 2004
CITY COUNCIL CHAMBERS ROOM

PRESENT:
Mayor Daniel McArthur
Council Member Whatcott
Council Member Orton
Council Member Allen
City Manager Gary Esplin
City Attorney Shaun Guzman
Deputy City Recorder Ren? Fleming

EXCUSED:
Council Member Bunker
Council Member Gardner

OPENING
Ren? Fleming led the Pledge of Allegiance; Pastor Kelly Mzik offered the invocation.

BID OPENINGS:
Consider award of bid for taser, cartridges and holsters for the Police Department

Consider award of bid for a mailing system for the Finance Department
City Manager Esplin indicated both of the above items have been removed from the agenda because the bids came in under $25,000, meaning the purchases do not need council approval.

Consider award for bid for the asphalt overlay project
City Manager Esplin indicated this bid is part of the annual pavement management program. The low bidder was Western Rock in the amount of $418,935.40, staff recommends approval.

MOTION:
Council Member Orton made a motion to award the bid to Western Rock in the amount of $418,935.40.
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried.

Consider award of bid for Bluff/Diagonal right turn lanes
City Manager Esplin explained this is bid is for construction of turn lanes and a deceleration lane. There is cost sharing agreement with the State in the amount of $50,000 as the Bluff Street is a State highway.
Public Works Director Bulloch explained the engineer?s estimate was $128,000; the low bid was $156,000.

City Manager Esplin explained that if the project were $100,000 the State and City would each contribute 50%. He recommended awarding the bid to the low bidder, provided the State will contribute 50% of the entire project. He commented if the State won?t contribute 50% of the project as bid, the project can be reduced.

There was discussion concerning how to reduce the project. The deceleration lane near Hurst Store is the portion of the project not included in the funding from the State.

Council Member Orton commented he prefers to delay construction a few weeks rather than doing the project in two phases.

Council Member Allen expressed concern that precedence may be set in that if the City comes up with more money on this project; the State may expect that with every project.

St. George City Council Minutes
November 4, 2004
Page Two

MOTION:
Council Member Orton made a motion to award the bid to the low bidder for the entire project with City participation of 50% of the $156,198 for the entire project.

Public Works Director Bulloch commented there was no commitment from Utah Department of Transportation (UDOT) for the work to be done near the Hurst Stores. He indicated the bid for the work on Bluff and Diagonal is approximately $110,000 of the project. The remaining amount is for work done on Bluff near the Hurst Store that addresses traffic concerns.

MOTION RESTATED:
Council Member Orton restated the motion to award the bid to the low bidder, with the State contributing 50% of the cost for the work on Bluff Street and Diagonal Street and State participation in the work to be done on Bluff Street near the Hurst Store.
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried

Consider approval of an ordinance specifying liability insurance limits and uninsured/underinsured motorist coverage for City-owned vehicles.
City Manager Esplin explained this ordinance is to keep the City in line with liability insurance coverage for City-owned vehicles.

City Attorney Guzman explained employees are covered under Workers Compensation but won?t be covered under uninsured/under insured.

MOTION:
Council Member Allen made a motion to approve an ordinance specifying liability insurance limits and uninsured/underinsured motorist coverage for City-owned vehicles.

SECOND:
Council Member Orton seconded the motion.
VOTE:
Council Member Allen: aye
Council Member Orton: aye
Council Member Whatcott: aye

Consider approval of a resolution authorizing reimbursement from bond proceeds for money spent on capital improvements to the City?s electrical system.
City Manager Esplin explained the resolution authorizes reimbursement from bond proceeds, allowing the City to recover any costs expended for capital improvements prior to receiving bond proceeds.

MOTION:
Council Member Orton made a motion to approve the resolution authorizing reimbursement from bond proceeds for money spent on capital improvements to the City?s electrical system.
SECOND:
Council Member Allen seconded the motion.
VOTE:
Council Member Whatcott, aye
Council Member Orton, aye
Council Member Allen, aye

Consider acceptance of a conservation easement on the property along Snow Canyon Parkway
St. George City Council Minutes
November 4, 2004
Page Three

Leisure Services Director Perkins distributed written information to the council. He explained Moss Farms Investments, the owner of Entrada Development, is making the donation. He displayed pictures of 24 acres of property to be donated to keep the space open and undeveloped. He indicated the Legal Department has reviewed the document and found it to be acceptable to the City.

Brent Beasley indicated the investment group has concluded that this parcel of land should never be developed with homes or other structures because it would adversely impact the natural beauty of the area. He indicated the group hopes the conveyance of the conservation easement will be an example to others and also hopes this will help keep the Snow Canyon Parkway just what it is, a park way.

Mayor McArthur commented that Mr. Beasley has set the standard along the Snow Canyon Parkway that goes hand and hand with what the City is doing to preserve the hillsides so that those that live in the community can be proud of the views and the feel of the City. He commented this offer is appreciated.
Council Member Whatcott commented that this is the second donation by Mr. Beesly made in the last couple of months, the other in behalf of former City Councilman Richard Mathis to help at the Dinosaur Museum. It is very much appreciated.

Council Member Allen commented that we, our children and grandchildren thank you, it is very generous.

Leisure Services Director Perkins reported on the group that has come to the City to talk about trails, pathways open spaces, healthy lifestyles.

MOTION:
Council Member Whatcott made a motion to accept a conservation easement on property along Snow Canyon Parkway.
SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried

Report from the Planning Commission meeting held October 26, 2004

SET PUBLIC HEARINGS
Associate Planner Bradley indicated the Planning Commission recommends the following items to be advertised for a public hearing on Thursday December 9, 2004 at 5:00p.m.
A request to amend the general plan use map from Open Space and Low Density Residential to Commercial designation located southwest of Foremaster Drive and Riverside Drive intersection on the west side of the future Riverside Drive extension.
Zone change request from R-1-10 and 1-3 to Planned Development (PD) Commercial on 15.114 acres located southwest of Foremaster Drive and Riverside Drive intersection on the west side of the future Riverside Drive extension.
A zone change request from R-1-10 to Administrative and Professional Office on five acres located west of 1450 East and south of Foremaster drive.

MOTION:
Council Member Orton made a motion to set the public hearings as recommended by the Planning Commission.
SECOND:
Council Member Allen seconded the motion.
VOTE:
All voted aye, motion carried


St. George City Council Minutes
November 4, 2004
Page Four

FINAL PLAT
Associate Planner Bradley indicated the Planning Commission recommends approval of the final plat for Painted Desert Estates Phase 4, with 12 single-family detached dwelling units located at 2450 South and approximately 1400 East.
City Manger Esplin asked where the Fort Pierce wash is in relation to this plat.

Associate Planner Bradley indicated this phase is east of the wash; there is one larger phase and a couple of smaller phases that will get closer to the wash.

City Manager Esplin expressed concern regarding the original plat, when it came to the council there was discussion regarding no development on the tamask area or wash as it was to be open space. He would like the record to reflect that when the project was originally approved that area was to be kept open space. He stated that if any more plats presented for approval adjourning the Fort Pierce wash area that this issue will have to be resolved to keep the open space.

Associate Planner Bradley indicated there is a portion of property across the street that will eventually come through for approval.

Council Member Orton asked if there is a problem with this final plat.

Council Member Whatcott asked if there are any maps showing the entire area.

City Manger Esplin suggested passing on this item for a few minutes so the map can be found and reviewed before making a decision on this request.

PRELIMINARY PLAT

Associate Planner Bradley indicated the Planning Commission recommends approval of the preliminary plat for Sun River Phase 14 off of Blue Grass Way. He indicated a Geotechnical engineer has looked at the site and feels the site is stable enough for the pads. Staff has concern regarding a lot on the east where the road has a sharp curve because of limited site.

Council Member Whatcott commented regarding a recent change in walls on corner lots and setbacks and asked if the preliminary plat reflects the changes.

Associate Planner Bradley indicated the applicant will have to comply with the changes which will affect the double fronting lots along the street that will be called Blue Grass Way.

City Manager Esplin commented when the final plat comes through staff and council will have to make sure it conforms to the changes made in the ordinance.

Scott McCall with Rosenberg Associates indicated that in the PD document for this subdivision all the set backs are defined and were approved in the year 1997.

City Attorney Guzman commented the council has the ability make a determination as to what the set backs will be because of the site concerns.

Mr. McCall commented that using that logic the council can change the constraints in a PD document.

City Manager Esplin commented the council can approve or not approve anything at the time the plat is presented for approval.

MOTION:
Council Member Whatcott made a motion to approve the preliminary plat with the two stipulations recommended by the Planning Commission.
St. George City Council Minutes
November 4, 2004
Page Five

SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried

Associate Planner Bradley indicated the preliminary plat for Sun River Phase 16 is located south of the Atkinville Wash at the southeasterly portion of the Sun River development. The subdivision will have 96 units; the main access will be gated. He indicated the Fire Marshall has requested an emergency access on the north east which would be required to have a 20 foot asphalt pavement.

City Manager Esplin asked how the Fire Department will gain access if it is gated.

Mayor McArthur indicated there would be a key that the Police or Fire Department could use to access the subdivision.

Associate Planner Bradley explained this phase will have its own club house and will be a separate entity within Sun River.

Council Member Orton asked if that meant access for traffic flow was not needed.

Associate Planner Bradley commented that from the Planning Department perspective access for traffic flow is an asset, it keeps neighborhoods open. However, the applicant is trying to seclude this area.

There was a brief discussion concerning keeping neighborhoods open and connected and the number of units in this subdivision.

Council Member Allen stated that part of the discussion with the Planning Commission is that is a PD and is secluded.

Mr. McCall indicated the applicant is trying to create an exclusive environment.

City Manager Esplin commented that staff couldn?t recommend allowing one access for 96 units, he expressed concern regarding only have one emergency access.

Mr. McCall commented the space needed for a gate and turn around, would take two lots away. He explained he can understand the argument regarding keeping neighborhoods open, but public safety is totally met with the 20 foot access.

Mayor McArthur indicated a gated community goes against what the council has discussed with regard to keeping neighborhoods connected. He commented that even without a gate, the location makes it exclusive.

City Manager Esplin asked if the council want exclusivities or openness between neighborhoods. He indicated although it?s a PD it is still a neighborhood.

Mr. McCall commented there is another chain gate that connects the club house which is wide enough to let golf carts through. There will be similar open access through the chained emergency exit which contributes to the connectivity of Sun River.

Council Member Whatcott commented that he would like to know from the Fire Department and the Police Department if the access as planned is acceptable.

Mayor McArthur commented the gate would stop the Police Department from being able to drive through to patrol the area.

Fire Chief Stoker indicated the fire code requires a minimum of a 20 foot access. He explained each gated community provides a code to their gate, the code changes
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November 4, 2004
Page Six

periodically. He indicated the Department is evaluating the use of a radio frequency that would allow dispatch to open the gates. Also under consideration are transmitters for vehicles but that is costly and installation of the equipment would require excavating the area in front of the gate.

Mayor McArthur asked about the possibility of using a standard key.

Fire Chief Stoker explained the Department has looked at that option, but the problem is that each police car, ambulance, fire truck would have to have a key. With a radio transmitter dispatch would be able to open the gates for all emergency vehicles. The other issue with access is there is one way in and one way out. He commented there have been problems in other gated communities, in an emergency the roads get clogged pretty fast.

Police Chief Stratton commented the gated communities do cause confusion because of codes being changed; or not provided which causes a delay. Also gated communities do reduce the amount of patrolling. He also has concern about limited access in emergency situations.

Council Member Orton expressed concern regarding the limited supply of parking.

City Manager Esplin commented that he thinks there are parking restrictions within the PD that are enforced.

The council discussed issues surrounding gated communities and problems with emergency access, in the event of evacuation or other types of emergencies.

City Manager Esplin suggested approving the preliminary plat and finalizing the details when final plat comes through.

MOTION:
Council Member Orton made a motion to approve the preliminary plat as is, but that the gated community and access situation will be reviewed further when the final plat comes through for approval.
SECOND:
Council Member Allen seconded the motion.

Mayor McArthur commented the council has approved and denied some gated communities. There needs to be some certainty on this issue before it comes to final plat.

VOTE:
All voted aye, motion carried

Associate Planner Bradley commented that construction drawings and final plats are being approved at the same time, when staff doesn?t have specific direction there is difficulty making those kinds of decisions.

City Manager Esplin commented that when Sun River was approved there was discussion regarding how many units could be built without a second access. Road capacity was part of the issue of second access to the entire development.

Mr. McCall explained that he has reviewed the original traffic study and didn?t find any limitation on units by access. The only limitation he found was a limit of 200 units before a water line is constructed that crosses the freeway.

City Manager Esplin commented he recalls a discussion and will find it in the minutes.

Council Member Orton suggested the council needs to look at this issue before annexing any more property.

St. George City Council Minutes
November 4, 2004
Page Seven

LOT SPLIT

Ray Snyder indicated the applicant is requesting approval for a lot split that has an existing single family home and a duplex. There is an existing car port that would have to be removed.

Council Member Allen asked if the access agreement has been reviewed.

City Attorney Guzman indicated it is in the process of review at this time.

MOTION:
Council Member Orton made a motion to approve the lot split with conditions set by the Planning Commission and staff.
SECOND:
Council Member Allen seconded the motion.
VOTE:
All voted aye, motion carried

Ray Snyder indicated a lot split is requested at 1990 East and Riverside Drive. The applicant wants put a car wash on one lot and possibly a car lot on the other parcel at some unknown future date. The property is in a flood plane. He explained staff is concerned about developing land in the flood plane, as well as splitting the property leaving one lot vacant. He indicated the City Attorney has recommended a development agreement be made.

City Manager Esplin asked if the property is zoned C3.

Ray Snyder indicated it is.

City Manager Esplin stated the uses of the property are governed by zoning ordinance; a lot split doesn?t have anything to do with type of business allowed. The concern regarding the use in a flood plane should have been addressed at the time of zoning.

Ray Snyder indicated the general plan has it designated as open space.

Council Member Allen commented she thinks before the road was put in the Planning Commission changed the zone.

The group discussed the issue of the zone; development at the time the road was constructed and the Special Improvement District (SID) was completed.

Council Member Whatcott commented if the split is approved, parcel two will front Riverside Drive and 1990 East. It will be almost un-developable. He asked if the request for the lot split is to avoid improvements on the frontage of both roads.

An unnamed man responded that the reason for the split is financial. If it isn?t developed in four years it will be donated to the City. He commented that he can?t afford improvements to the entire lot at this time.

Council Member Whatcott expressed concern regarding the four year wait because the road will get more heavily used and then the City will have to put in improvements at its own expense.

An unnamed man commented that if lot split isn?t approved he will have to shut down the whole project.

Council Member Allen commented that she thought the time limit was two years.
Ray Snyder commented the applicant shall be granted two years to complete improvements.
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November 4, 2004
Page Eight

Mayor McArthur asked if there is currently left turn in that intersection or is it planned for a left hand turn lane unto River Road.

Ray Snyder indicated there is no left hand turn lane at this time.

Council Member Whatcott asked if the City can take the property in two years if something isn?t done.

City Manager Esplin commented a delayed improvement won?t mean anything if the applicant is no longer the owner.

The council briefly discussed delayed improvement agreements.

City Attorney Guzman pointed out that most delayed improvement agreements haven?t been done on such prominent corner.
Council Member Orton asked if the council can deny the lot split, but allow the delay in improvements.

City Attorney Guzman indicated he isn?t sure if it?s prudent to put improvements in now, this is the first time he?s had a chance to look at this situation.

City Manager Esplin summarized that there are a lot of issues to resolve with a limited amount of information. He asked if this item can be tabled for a couple of weeks.

An unnamed man commented that development can start without lot split approval. He asked if a compromise can be made that if it isn?t developed in two years he will make a park out of the second lot.

Council Member Whatcott commented the only way to make the council comfortable is for the applicant to bond for the improvements.

City Manager Esplin asked how is the City benefited by approving the lot split but not requiring the applicant to take responsibility for the other corner.

Council Member Allen asked about the possibility of an asphalt improvement with curb and gutter installed later.

Mayor McArthur commented the applicant has two options, to wait a couple of weeks or accept the decision of a vote at this time.

An unnamed man commented he would like to wait and asked what the council would like to see done in the time being.
Council Member Whatcott suggested the applicant put up a bond, which is cheaper than doing the improvements.

MOTION:
Council Member Whatcott made a motion to table the item.
SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried

Consider approval of a conditional use permit for a detached garage with a height up to 16 feet located at 2525 East 2150 south Circle

Ray Snyder explained that recently two other properties made application which was approved for similar projects. The Planning Commission has recommended approval.


St. George City Council Minutes
November 4, 2004
Page Nine

MOTION:
Council Member Allen made a motion to approve the conditional use permit as recommended by the Planning Commission.
SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried

PUBLIC HEARINGS:
Public hearing to consider a zone change from A-1 Agricultural to R-1-10 Single Family Residential on 5.01 acres located at 2160 East 2450 South.

Associate Planner Bradley indicated the property is located east of El Dorado Subdivision. It is consistent with general plan, the Planning Commission recommends approval.

Mayor McArthur asked when the SID was done was the fee paid based on density or paid as assessed.

An unnamed man indicated the property was assessed.

Mayor McArthur declared public hearing open.

Natalie Larsen commented that those lots should at least stay half acre lots and have an animal allowed to create a buffer zone between residential zone with no animal allowed and the zoning that allows large animals.

The group discussed the area that has been designated as rural residential.
Natalie Larsen commented that it should stay as agricultural property.

The group discussed the SID and zoning, the master plan which specifies one unit per acre in this zone.

The group discussed the grandfathering in with animal rights and problems with neighborhoods.

Council Member Whatcott asked if Ms. Larsen?s question is if R-1-10 is a buffer between the one acre properties.

Natalie Larsen commented some of the neighbors are getting a petition going that won?t allow animals in the zone.

Council Member Allen commented that realtors and developers are informed that animals are allowed so that they can pass that information onto prospective buyers. Unfortunately those that move in then want the people who were there first to change.

Laurie Burton asked if there can there be a compromise to half acre lots with no animal rights.

The council discussed the width of the property depth which is about 130 feet.

Associate Planner Bradley commented 2160 East will be a cul-de-sac.

The council discussed approving a lesser zone than R-1-10.

An unnamed person commented that if the council approves zoning with animals, there is no place to ride the animals. It will be unfeasible for him to put in the entire road required for big lots.

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November 4, 2004
Page Ten

Council Member Orton asked if he could live with R-1-12 zone.

An unnamed person commented animals won?t fit in an R-1-12 zone.

City Manager Esplin commented that there is a real opportunity for a transition. He thinks allowing R-1-10 adjacent to larger lots isn?t good planning and suggested at least approving an R-1-12 zone as a buffer.

The council discussed the pros and cons of approving R-1-12 zoning.

The council discussed the length and depth of the property.

Mayor McArthur closed the public hearing.

Council Whatcott commented that he thinks there needs to be a buffer.

City Manager Esplin asked what the length of the parcel is.
An unnamed person said it was around 1,000 feet.

City Manager Esplin commented with R-1-12 zone, one lot would be lost.

Mayor McArthur commented that any question that comes before the council tonight has to have unanimous vote for approval. He indicated it can be delayed until a meeting with a full council.

An unnamed person commented that he should probably wait.

MOTION:
Council Member Orton made a motion to continue the public hearing for two weeks.
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried

Public hearing to consider a zone change from R-1-10 Single Family Residential to Planned Development Commercial on 4.13 acres and amending the adjacent PD Commercial zone at 1600 South Dixie Drive

Associate Planner Bradley indicated there are three buildings on the lot and another in progress. The Planning Commission recommends approval with two staff comments regarding lighting and exterior building materials.

Kent Garrett clarified that on Dixie Drive as it turns into Plantation Drive there are three owners and an agreement has been reached to create a right turn lane. That is the reason for the change in the amount of acreage.

Mayor McArthur opened the public hearing.

Mayor McArthur closed the public hearing.

MOTION:
Council Member Orton made a motion to approve the by ordinance with the stipulations of staff a zone change from R-1-10 Single Family Residential to Planned Development Commercial on 4.13 acres and amending the adjacent PD Commercial zone at 1600 South Dixie Drive.
SECOND:
Council Member Allen seconded the motion.


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November 4, 2004
Page Eleven

VOTE:
Council Member Allen, aye
Council Member Orton, aye
Council Member Whatcott, aye

Public hearing to consider a zone change from Mining and Grazing to Planned Development Residential on 1,093 acres located along both sides of SR18 sound of Winchester Hills

Associate Planner Bradley indicated the development will be on both sides of the freeway, golf course construction is being done now as it is an approved use under the current zone. He noted some concerns expressed by public such as traffic on SR18 and water use.

Council Member Allen commented regarding the frontage road that will run along side the highway.

Associate Planner Bradley indicated the developer is creating a frontage road that runs parallel to SR 18 with off ramps.

Randy Deschamp commented regarding the buffer zone between the development and Winchester Hills. Winchester Hills residents will be able to access the round abouts.

Council Member Orton asked how far south the development goes.

Randy Deschamp indicated to the north of the JR Ranches.
Council Member Allen asked Mr. Deschamp to discuss the water issue.

Randy Deschamp indicated the entire project has water from two existing culinary wells and a water tank. An third well will be drilled by the City. Prior to reuse water to coming to the project the wells will provide water for the golf course.

Council Member Orton asked where will phases 1, 2 and 3 will be located.

Randy Deschamps provided some written information to Council Member Orton.

Mayor McArthur opened the public hearing.

Melvin Walla a Winchester Hills resident expressed concern is with the increased traffic on SR 18.

City Manager Esplin commented that he thinks the State is working on changing the road.

Randy Deschamps commented a passing lane on up to mile marker 8 will be built.

Public Works Director Bulloch indicated City staff is working on a study with UDOT from the entrance of Snow Canyon State Park to entrance to I15 off of Bluff Street.

John Sout, a Winchester Hills resident expressed concern regarding connectivity with his complex, he doesn?t think there is a necessity to tie it the Winchester Hills area to the Ledges development because it will only add more traffic to Winchester Hills. He also expressed concern regarding water and if the added draw on the aquifer will it adversely affect Winchester Hills wells.

City Manager Esplin explained the City has water rights in those wells, he indicated there is an agreement that the City will provide water in to Winchester Hills if needed.

Mayor McArthur commented that there is a working agreement with respect to water and the access to the streets between the two developments that will benefit Winchester Hills.
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November 4, 2004
Page Twelve

Mr. Sout asked if the homes on the rise will be one story or two story homes.

Randy Deschamps commented that in general everything on the west side of SR18 will be single story, on the east side the developer has retained the option to build two story homes.

Curt Gordon who works for SITLA expressed support for the project.

Robert Reilly, a Winchester Hills resident asked how far north the development goes on the west side of the road.

Randy Deschamps commented it ends about five or six houses up from the end of Winchester Hills.

Del Bracken, a Winchester Hills resident asked if sewer lines will be extended up to Winchester Hills.

City Manager Esplin explained the City owns the sewer system and has contracts with other cities to provide sewer service.

Sidney Bracken a Winchester Hills resident in the process of building a home asked if he can be hooked into the sewer system.

City Manager Esplin explained the City can choose to allow areas outside the City to hook into the sewer system if it is not a detriment of the City. Allowing single laterals to hook into the system creates major problems. If an entire area wants apply for sewer services the City will evaluate the request.
Mayor McArthur indicated the City will not create an SID unless over 65% of the people to approve it.

City Manager Esplin explained in making a decision to allow connection to the sewer system the City will evaluate the amount of loss in capacity the system, the costs that will be allocated the applicants and if the lines have been sized to take that area on eventually.
Mayor McArthur closed the public hearing.

MOTION:
Council Member Whatcott made a motion to approve a zone change from Mining and Grazing to Planned Development Residential on 1,093 acres located along both sides of SR18 sound of Winchester Hills
SECOND:
Council Member Allen seconded the motion.
VOTE:
All voted aye, motion carried

Public hearing to consider amendments to the Road Master plan with minor modifications throughout the City and significant changes to the South Block Ledges areas.

Public Works Director Bulloch indicated the Road Master plan has gone through the Planning Commission and has been reviewed by adjacent cities.

Mayor McArthur reiterated the importance of the roads, some of the roads may change slightly, but the roads are needed and declared the public hearing open.

Jonathan Wright, Attorney representing Desert Rand Investments; distributed information on his clients plat. He indicated his client has submitted a preliminary plat for approval; the Engineering staff doesn?t want to approve the plat until a determination has been made specifying where the road will be located. He asked for clarification so the plat

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November 4, 2004
Page Thirteen

doesn?t get held up. He reviewed the issues concerning proposed roads and how they affect his client?s property.

Gilbert Jennings expressed support for the concept of master road planning; however he expressed concern regarding Mr. Wright?s presentation. He commented that has spent a lot of money and time planning project in Fort Pierce Industrial Park. The master plan shows a road that doesn?t have much relation to the terrain. He would like staff to review the topography of the area and look for a logical place for the road to be located.

Mayor McArthur explained the plan indicates the general location of roads.

City Manager Esplin commented that at some point between the southern corridors there has to be access to the I 15 freeway to take the traffic flow from the Fort Pierce Industrial Park.

Public Works Director Bulloch indicated staff has taken extra effort to review the road discussed by Mr. Jennings. The intent is not to conflict with the Industrial Park, the topography or development of the trust lands.

Jeanette Rawlings commented regarding the location of the roads in relation to the irrigation ditches are and expressed a preference that the roads go through the middle of her property rather than through the irrigation ditches.

Kirk Gordon with SITLA commented that he does not object to the concept of the road but is concerned about its location.

City Manager Esplin commented the location of the roads can be discussed with property owners, but the road locations may not be totally advantageous to SITLA. Staff has to consider more than one piece of developable property.

Jonathan Wright commented that in his client?s situation because the road location isn?t specified, his development is being held up at the staff level. He would like some direction on whether the plan is being adopted or not so that the preliminary plat can go through and details worked out further down the line.

City Attorney Guzman commented that looking at the topographical map it looks like there is more than a 40% out cropping, he questioned if master plan showing a road in a place that is a violation of the hillside ordinance is appropriate.

Don Rawlings commented that he would like the road placed so that the sewer can be put in the road.

City Manager Esplin commented that possibly the council could take action on adopting the plan but will make future study before road locations are finalized. He indicated he doesn?t understand why a preliminary plat can?t be brought in for consideration for approval if there is some flexibility in the final location of the road.

Mayor McArthur asked if the council can adopt the master plan with specific direction to staff to make some agreements with those that have expressed concern.

City Attorney Guzman asked with regard to the plat that is ready to come forward, would the applicant change the plat in any way if the road is going to be moved.

Jonathan Wright replied no, when it comes in for approval the council will make the determination if appropriate plans for the road have been made.

Gilbert Jennings expressed concern about the staff working with concept versus detail of master plan.

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November 4, 2004
Page Fourteen

Council Member Whatcott commented that sometimes when a person is working on a development they can get myopic in their vision and not consider the big picture. He commented that it is difficult to understand Mr. Jennings challenging the staff.

Gilbert Jennings commented that sometimes it?s really difficult when staff is not together in this concept.

Mr. Rawlings asked what difference it makes as long as the traffic is getting through.

City Manger Esplin commented that it?s very difficult to look only at one piece of property when the entire city and other adjacent city?s master road plan have to be taken into account.

The group discussed the location of the roads with relation to the City, property owners and other cities? master plans.

MOTION:
Council Member Whatcott made a motion to approve the amended road master plan, recognizing there will need to be some flexibility involved.
SECOND:
Council Member Allen seconded the motion.
VOTE:
Council Member Allen, aye
Council Member Orton, aye
Council Member Whatcott, aye

STAFF REPORTS
Planning Commission meeting continued:
HILLSIDE DEVELOPMENT PERMITS:

Associate Planner Bradley explained the request for a hillside development permit for a proposed multi family apartment development. The proposal is to use some of the material that is lower than the 15% area. The north east portion will be left undisturbed; the south portion will be disturbed. Staff questions if allowing the open space area to be disturbed will set precedence. The Planning Commission recommended approval with three stipulations.

Mayor McArthur commented that that land doesn?t re-vegetate very well.

Kurt Gordon with SITLA presented a photo simulation of what it will look like when the area is excavated and developed. He asked for permission to go into the open space to create a slope that is not as obnoxious as a steep cut.

Council Member Whatcott indicated he would like to see the site before making a decision. He?s not sure if the multiple family development fits with the original design, which is open space and equestrian-residential.

Kurt Gordon indicated he will bring in a revised plan that will eliminate the equestrian area and just having open space.

Council Member Orton asked if both the Planning Commission and Hillside Review Board conducted a site visit.

Council Member Allen commented only the Hillside Review Board made a site visit.

The council discussed conducting a site visit and decided to continue the issue until after a site visit has been completed.


St. George City Council Minutes
November 4, 2004
Page Fifteen

Associate Planner Bradley explained the request for a hillside development permit for a proposed single family development in the Sun River development. Staff has concern regarding the location of some of the units in relation to the areas where golfers drive. The Hillside Review Board recommended approval subject to a more detailed landscape plan being submitted with a preliminary plat.

MOTION:
Council Member Orton made a motion to grant the permit.
SECOND:
Council Member Allen seconded the motion.
VOTE:
All voted aye, motion carried.

Associate Planner Bradley explained the hillside development permit request for the overall Fort Pierce Industrial Park area. The request affects the west side of River Road. The Hillside Review Board recommends approval with the condition that none of the grading exceeds the boundary line unless it goes back to the Hillside Review Board.

MOTION:
Council Member Allen made a motion to grant the permit with the stipulation that the grading stays within the boundaries.
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried.

Continuation of the final plat for Painted Desert Estates Phase 4, with 12 single-family detached dwelling units located at 2450 South and approximately 1400 East.

Associate Planner Bradley indicated at the end of the year 2001 a preliminary plat was done for the rest of the area at the time Ence Homes revitalized the site.

City Manager Esplin recommended approval based on the drawings brought in by Associate Planner Bradley.

The council discussed if there has been any indication a portion of the property would be donated to the City.
MOTION:
Council Member Orton made a motion approve the final plat for Painted Desert Phase 4.
SECOND:
Council Member Allen seconded the motion.
VOTE:
All voted aye, motion carried.

Report from the Sign Review Board meeting held October 19, 2004

Brad Young indicated a request has been made for an animated bill board on the south side of Sunset Boulevard. The applicant will remove an existing two sided billboard on the north side of Sunset in trade for the approval of the animated sign. Currently zoning does not allow for an animated sign adjacent to a residential zone.

Ray Draper with YESCO indicated the sign will change about every three to seven seconds. He discussed the look of the rotating sign.

Council Member Orton asked how much attention it will draw from the drivers.

Ray Draper indicated not a lot because it changes very quickly.

St. George City Council Minutes
November 4, 2004
Page Sixteen

The council discussed other areas in the State where these signs are located.

Ray Draper indicated the State doesn?t consider it an animation sign if the message lasts longer than 7 seconds, so the messages will not last longer than 7 seconds.

The property lease was discussed as was alterative uses of the property.

MOTION:
Council Member Whatcott made a motion to approve the animated sign with the stipulation that the existing two side bill board is removed.
SECOND:
Council Member Orton seconded the motion.

City Attorney Guzman commented that there should be a finding regarding a sign being located next to residential area.

VOTE:
All voted aye, motion carried.

Brad Young explained the request for a variance for a sign located at the Main Street Plaza, 30 North Main Street. The Sign Review Board recommended approval. The sign is larger than allowed in the historic area and will encroach on the City right of way. The monument sign is in lieu of any monument sign on the building and is appropriate in size to the building.

Gilbert Jennings indicated the Sign Review Board did not require the arch be taking out, just stipulated that the width could not exceed eight feet.

Council Member Orton asked if there is a picture of the proposed placement of the sign.

Brad Young indicated there will be one sign on Tabernacle Street that will encroach in the right of way two to three feet.

Gilbert Jennings commented that in order to preserve walkway, the sign people asked for the sign to be placed directly over the water feature.

Council Member Whatcott asked if the pedestal will add to the width of the sign.

Gilbert Jennings indicated it may add about 12 feet to the width.

Marc Mortensen commented the sign will have a golden arch, and earth tones as is required in the historic area.

Gilbert Jennings explained that the arch will match the window frames on the building.

MOTION:
Council Member Allen made a motion approve the proposed sign at 20 North Main.
SECOND:
Council Member Orton seconded the motion.

City Manger Esplin asked if a stipulation can be added that in exchange for allowing the encroachment in the right of way there won?t be signs on the building.

Gilbert Jennings commented Wells Dairy will want to have a sign suspended by the awnings and some signage on the windows. No signs will be allowed to be plastered on the top of the building.

Mayor McArthur commented that the signs will not be back lit.

St. George City Council Minutes
November 4, 2004
Page Seventeen

Gilbert Jennings indicated the signs on the first level can use neon or reverse pan channel.

City Manager Esplin stated the signs will be subject to approval of Sign Review Board.

City Attorney Guzman stated that something some thing will be put in the agreement concerning the right of way.

VOTE:
All voted aye, motion carried

Consider authorizing the mayor to sign the 2006-10 MPO project submittal list

City Manager Esplin commented the list in the agenda packet needs to be increased to add the Snow Canyon Parkway.

MOTION:
Council Member Allen made a motion allow the Mayor to sign the 2006-10 MPO submittal list with the following projects:
1.Valley View Bridge over the Santa Clara River
2.Southern Corridor
3.Red Hills Parkway
4.Dixie Drive widening
5.Tonaquint Drive reconstruction
6.Brigham Road widening
7.Bluff Street widening from Diagonal to Main Street
8.Virgin River Bridge at Mall Drive
9.1450 South
10.3000 East
11.Regional Traffic Operations Center and Synchronization
12.Snow Canyon Parkway
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried.

Consider approval of an escrow agreement for acquisition of generation assets.

City Manager Esplin explained this is for a peaking generation facility. This request is to allow staff to go forward in acquisition of the equipment for that facility.

MOTION:
Council Member Whatcott made a motion approve the escrow agreement.

SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried.

Consider approval of a Memorandum of Understanding (MOU) for power to the Ledges project

City Manager Esplin explained the MOU will allow staff to work with PacifiCorp and the developer to put in transmission and distribution facilities to the Ledges project

MOTION:
Council Member Orton made a motion approve MOU for power to the Ledges project.
SECOND:
Council Member Whatcott seconded the motion.
St. George City Council Minutes
November 4, 2004
Page Eighteen

VOTE:
All voted aye, motion carried.

Consider approval of a pooling appendix to assign the City?s interest in the Craig Mona project to UAMPS

Energy Services Director Solomon explained staff has been working on diversifying resources away from UAMPS projects. In evaluating the City?s position staff has decided to retain the Craig Mona transmission project. UAMPS will sell the City?s interest for a three year period at an amount that will cover the debt service. This pooling agreement is necessary in order for the sale to be completed.

MOTION:
Council Member Whatcott made a motion approve pooling appendix that assigns the City?s interest in the Craig Mona Project to UAMPS.
SECOND:
Council Member Allen seconded the motion.
VOTE:
All voted aye, motion carried.

Consider an offer to purchase City-owned property in Washington City

City Manager Esplin indicated staff recommends the sale; the purchase offer is for $17,500.

Council Member Whatcott asked how a purchase prices was determined.

Water Services Director Barnum indicated the approximately one acre property is narrow and by it self has very little value. Staff also considered the cost to buy an easement.

Council Member Whatcott commented the developer would get more money for his lots with this additional property.

Water Services Director commented the additional property will make the existing lots deeper but not add any more lots to the development. He indicated he doesn?t know what the City paid for it originally.

The council discussed the value of the property and if the City is was recouping the original amount paid.

City Manager Esplin suggested tabling the issue until staff can determine the original purchase price of the property.

Consider approval of an agreement with the Washington County Water Conservancy District (WCWCD) for the construction of a by-pass line at Quail Lake.
Water Services Director Barnum indicated the by pass line will go from the lowest part of Quail Lake to the treatment plant giving the plant the ability to draw from deeper in the lake, avoiding the area of water with an algae layer.

There was discussion of concerning the reasons for not installing the line at the time the reservoir and dyke were built. The repairs made at the time the dyke failed were discussed.

City Manager Esplin commented the WCWCD is proposing to pay for the line and then charge the cost to the participants based on use.

Mayor McArthur stated the by pass line put in earlier was drawing water from the river because the dyke wasn?t there. Currently the plant can not take 40 MG from the present
St. George City Council Minutes
November 4, 2004
Page Nineteen

structure, requiring a new line. The decision was made to install the new line such that water can be drawn from the deepest part of the lake.

The council discussed the cost of the by-pass line.

Water Services Director Barnum explained the amount of water that can be processed by the plant is dependant on the level of lake. The new by pass line will allow the plant to process more water.

MOTION:
Council Member Whatcott made a motion approve an agreement with the WCWCD for the construction of a by-pass line at Quail Lake
SECOND:
Council Member Allen seconded the motion.
VOTE:
All voted aye, motion carried.

Consider approval of an agreement with the Washington County Solid Waste District to dispose of sewer biosolids

Water Services Director Barnum reviewed the process of the composting operation. He indicated at the time the operation started the arrangement was defined in a letter; a contract was never drawn up. This contract specifies what has been going on for the last six years.


MOTION:
Council Member Orton made a motion approve an agreement with the Washington County Solid Waste District to dispose of sewer biosolids.
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried.

Consider approval of request to close 300 East between 400 South on the afternoon of November 26, 2005.

City Manager Esplin indicated this request to close the street is for the traditional annual Christmas season lighting.

MOTION:
Council Member Whatcott made a motion approve the street closure.
SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried.

Consider approval of the budget for the Washington County Drug Court

City Attorney Guzman indicated the budget is funded completely with grant money.

MOTION:
Council Member Allen made a motion approve the budget for the Washington County Drug Court.
SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried.

St. George City Council Minutes
November 4, 2004
Page Twenty

MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 7, 2004.

Council Member Whatcott indicated there is a correction needed on page seven.

MOTION:
Council Member Orton made a motion approve the minutes with corrections.
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried.

Consider approval of the minutes of the regular City Council meeting held October 14, 2004.

MOTION:
Council Member Whatcott made a motion approve the minutes as presented.
SECOND:
Council Member Orton seconded the motion.
VOTE:
All voted aye, motion carried.

ADJOURN:
MOTION:
Council Member Orton made a motion approve adjourn the meeting.
SECOND:
Council Member Whatcott seconded the motion.
VOTE:
All voted aye, motion carried.

Minutes Recorded by:



Ren? Fleming Deputy City Recorder Date