City Council Minutes

Thursday, March 3,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 3, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Larry Gardner
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Allen, and the invocation was offered by Mayor McArthur.

Mayor McArthur advised that since there were only three Council Members present, a unanimous vote would be needed in order for any item to be approved. He stated that if anyone wished their item tabled until a full Council was present, they should request this before their item was considered.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

PRESENTATION:
A representative of Cedar Fort Inc. in Springville advised that on behalf of her company, 10% of the proceeds from sales of the book entitled ?The Skousen Book of Mormon World Records? would be donated to the Virgin River Santa Clara River Relief Fund. She then presented a check to Dave Watson, president of the relief effort, in the amount of $2,000.
She advised that her company would like to match any donated funds up to $10,000.

Mr. Skousen, author of ?The Skousen Book of Mormon World Records? presented a giant card signed by people all over the world over wishing St. George a speedy recovery from the recent flood devastation.

Dave Watson, president of the relief effort, thanked Cedar Fort Inc. for its generous donation, and advised that to date the relief fund is up to $1,184,000.

Mayor McArthur commented that every cent raised or donated goes to the flood victims.

AWARD OF BID:
Consider award of bid for a two ton shop truck for the Fleet Maintenance Division.

Purchasing Agent Sue Swensen advised that bids were sent to eight vendors, both local and state contract, and only one bid was received from St. George Ford in the amount of $30,753.

MOTION: A motion was made by Council Member Allen to award the bid to St. George Ford in the amount of $30,753.

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 fiber optic hardware and related equipment.

Purchasing Agent Sue Swensen presented the following bids:

Exfo America $25,540 (incomplete)
Anixer $67,453
Codale $32,845

She recommended award of the bid to the low bidder Codale, in the amount of $32,845.

MOTION: A motion was made by Council Member Bunker to award the bid to the low bidder, Codale, in the amount of $32,845.

SECOND: The motion was seconded by Council Member Allen.

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




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March 3, 2005
Page Two

AWARD OF BID:
Consider award of bid for the Art Center elevator addition.

Purchasing Agent Sue Swensen explained that five bids were received ranging from $420,000 to $519,022. The low bidder, C&A Construction, has since found a new source for the exterior sandstone and will lower its bid by $42,000 to $378,000. The bid can be further reduced in the amount of $12,000 by eliminating the wall around the mechanical area, for a total bid of $366,000.

City Manager Gary Esplin recommended the wall around the mechanical area be included.
He recommended using funds from the Capital Project Fund to complete the project.

Council Member Whatcott inquired if the cost of the project had gone up since the estimate was done.

Kim Campbell, architect, explained that there were no original estimates, and the source of sandstone was an issue from day one in order to find the right match. The sandstone is also the most significant cost in the entire project, and there is no opportunity to scale the project back any further. The only thing that can be left out is the wall around the mechanical area, and it is important the condenser units be screened.

MOTION: A motion was made by Council Member Whatcott to award the bid to C&A Construction in the amount of $378,000, including the wall around the mechanical area.

SECOND: The motion was seconded by Council Member Bunker.

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

CHANGE ORDER:
Consider approval of a change order for the Bloomington Park expansion.

City Manager Gary Esplin suggested that the matter be tabled in order to make sure the park is adequately protected from further flooding before additional improvements are made to the park.

AWARD OF BID:
Consider award of bid for street light poles, lamps, etc.

Purchasing Agent Sue Swensen explained that two bids were received, one from Electrical Wholesale and one from Codale. She recommended award of a blanket contract for a one year period to the low bidder, Codale, in the amount of $36,690.40.

MOTION: A motion was made by Council Member Whatcott to award the bid to the low bidder, Codale, in the amount of $36,690.40.

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 an aerial device.

Purchasing Agent Sue Swensen presented the following bids:

AG Body, Inc. $76,515
TEREX Utilities $88,149.67

She explained that after review of the bids and adding in the optional items, bid totals were modified as follows:

AG Body, Inc. $90,985
TEREX Utilities $98,024.17

After evaluation of the bids and analyzing them on a point basis, staff recommends award of the bid to TEREX Utilities. Their service facility is local which would mean less down and travel time.

Dennis Jorgensen explained that the position of the TEREX aerial device is closer to the cab and this is more desirable.

MOTION: A motion was made by Council Member Whatcott to award the bid to TEREX Utilities in the amount of $98,024.17.

SECOND: The motion was seconded by Council Member Allen.

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

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March 3, 2005
Page Three

Mayor McArthur again explained that approval of any item would require a unanimous vote of the City Council since there were only three members present, and an applicant could request that his or her item be tabled until a full Council was present.

RESOLUTION:
Consider approval of a resolution authorizing the issuance sale of not more than $5,000,000 aggregate principal amount of sales tax revenue bonds, Series 2005, of the City of St. George, Utah, fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for a pledge of local sales and use tax revenues for repayment of the bonds; providing for the publication of a notice of public hearing and bonds to be issued; providing for the running of a contest period; and related matters.

City Manager Gary Esplin explained that approval of the bond would allow the City to proceed with the downtown plaza project, and the debt service will be paid from an extension of the RDA. There will be no impact to the General Fund. An extension of the RDA will allow generation of $4-5 million, based on revenues. The state legislature approved legislation which would curtail some of these projects in the future, and funds have to be obligated by July and construction commenced by December. The City will be able to meet these deadlines as it has already started on the project.

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

SECOND: The motion was seconded by Council Member Bunker.

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

Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the issuance sale of not more than $415,000 of golf course revenue refunding bonds, Series 2005, of the City of St. George, Utah, fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters.

City Manager Gary Esplin explained that since the flood, revenues at the golf courses have been negatively impacted. Bond payments on outstanding bonds at Sunbrook cannot be delayed, but they can be extended.

Jason Burningham explained that the bond transaction was originally done in 1989 for expansion of the golf course and then refinanced with Bank One who is now JP Morgan. He stated that when he heard about the flood, he contacted JP Morgan and asked for some relief. JP Morgan was happy to work with the City for a reissuance of bonds sufficient enough to make the April payment, with the costs added to the back end of the transaction. The net present value cost to the City is minimal, and it was determined by all parties involved that it would be in the best interests of the City to do the transaction without any costs to the City. When refunded, the actual bond will be $407,000. He stated that he hoped this would provide some benefit to the golf course.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that the City received a check from Bryce Christensen Excavation in the amount of $16,988. Bryce did a lot of work for the City during the recent flooding and was paid for this work through FEMA. He is turning over the check to the City as a donation.

BEER LICENSE:
Consider approval of a beer license for Ernesto?s Jr. Mexican Restaurant.



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March 3, 2005
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City Manager Gary Esplin explained that Ernesto?s is moving to a new location on St. George Blvd., and its present location will be taken over by a new owner. A new beer license is needed for the new owner. The application was reviewed by staff and meets all requirements.

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

SECOND: The motion was seconded by Council Member Allen.

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

BEER LICENSE:
Consider approval of a beer license for Ernesto?s Mexican Restaurant.

City Manager Gary Esplin explained that a new license is needed for Ernesto?s new location on St. George Blvd. The owner will remain the same.

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

SECOND: The motion was seconded by Council Member Bunker.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a dance. Rebel Creek Ridge
Student Housing, applicant.

City Manager Gary Esplin explained that the application and security plan have been reviewed by staff and the Police Department, and they recommend approval.

Laura Woolsey, Business License Officer, explained that the Fire Department recommends approval as long as the maximum occupancy load is adhered to. The Police Department will be on the premises. They request that all security personnel wear T-shirts for visibility. The applicant would like to hold the dances on March 19 and April 23.

Warren Harward, applicant, advised he has changed the dates to March 26 and April 23, and Lorin Johnson of the Police Department approved the new dates.

Police Chief Marlon Stratton explained that while the security plan may have been approved, the March 26 date conflicts with Spring Break and all police resources will be maxed out.

Mr. Harward stated he would reschedule the dances.

Mayor McArthur suggested that the matter be tabled until the next City Council meeting to consider new dates for the dances.

SET PUBLIC HEARING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 22, 2005, recommended that a public hearing be scheduled for April 7, 2005 at 5:00 p.m. to consider a zone change from R-1-10 to AP on 1.002 acres located at Foremaster Drive and 1450 East Circle. David Blake is the applicant.

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

FINAL PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 22, 2005, recommended approval of the final plats for Coventry Lane Townhomes Phase 4, The Cliffs of Snow Canyon Plat F, Wailea Falls at Stonebridge Phase 3, Tuweap Point Phase 1, a road dedication plat for Luce Del Sol, Foremaster Ridge Phase 3, River Hollow 3, and Shadow Springs Subdivision.

MOTION: A motion was made by Council Member Bunker to approve the final plats subject to the recommendations of the Planning Commission and authorize the Mayor to sign them.

SECOND: The motion was seconded by Council Member Allen.

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


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March 3, 2005
Page Five

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 22, 2005, recommended approval of the final plat for Kachina Cliffs Phase 2. There was discussion at the Planning Commission meeting that it would be nice to have permanent posts designating the ?no disturb? space.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 22, 2005, recommended approval of the preliminary plat for Stone Valley Estates subject to (1) obtaining permission from the irrigation company to pipe the canal; (2) acquire the required property from Schmutz and Cox in order to meet the minimum roadway taper along 2780 East Street; and (3) work with the City Engineering Department on the proposed public street knuckle design and size by Lots 17 and 18 and the temporary turnaround on Lot 12.

Brett Burgess, applicant, explained that he would like to make the roadway better and will provide access through a cut in the curb and with a curb approach on each side for a circular drive, create an easement within the area, and provide a 35' setback.

Mr. Bradley explained that the applicant may choose not to proceed with the zone change if it can?t be made to work on the property. Staff anticipates that the road will connect, and the applicant has made provisions for the corner lot so that the road can connect to the 50' right-of-way for better circulation.

Jim Raines explained that the road will be a through-road or a T-intersection, but it will not be a culdesac. The applicant is putting half the road in which will provide connectivity to the master planned road. The applicant has also met with the adjacent property owner?s engineers. He stated the applicant would prefer to put the curb and gutter in and then cut it so that the project looks finished.

MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat with the stipulation that the street be improved with curb and gutter, and with the hope that time will eliminate the problem.

SECOND: The motion was seconded by Council Member Allen.

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

PUBLIC HEARING/ANNEXATION ORDINANCE:
Public hearing to consider adoption of an ordinance annexing the Plantations Drive Addition.

Community Development Director Bob Nicholson explained that Haskell Homes is the developer. The property to be annexed consists of a small sliver that Mr. Haskell had to purchase in order to improve half of his right-of-way. The property to be annexed is all part of the street right-of-way. No protests have been received. 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 Bunker to approve the annexation by ordinance.

SECOND: The motion was seconded by Council Member Whatcott.

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

Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to RE-20 Residential Estates on two acres located at 2350 East and 2150 South. Leon and Jackie Grover, applicants.

Community Development Director Bob Nicholson explained that this item was continued from the last City Council meeting. The property has since changed hands. The zone


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March 3, 2005
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change request meets the requirements of the General Plan. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing.

Ken Phillips, a resident of the Wildflower Subdivision, stated he felt the zone change would cause conflict as he has horses, and according to City ordinance, horses have to be kept 100' from any house. He stated this would cause a hardship for him unless resolved. He then distributed a hand-out to the City Council.

Mr. Nicholson explained that the 100' separation between horses and a house is contained within the conditional use permit provisions for riding stables, and would not apply in this case. No separation is required in an A-1 zone.

Council Member Whatcott commented that this is the risk someone takes when they develop next to an A-1 zone.

Bob Coleman, representing the applicant, explained that the request is for RE-20 zoning which would allow large animals.

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

MOTION: A motion was made by Council Member Allen 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 Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RE-20 Residential Estates to RE-12.5 Residential Estates on 1.31 acres located at 2500 East 2070 South. Dan Steurer, applicant.

Community Development Director Bob Nicholson explained that the applicant owns 1.3 acres of property located between two existing subdivisions, and the applicant?s request appears to be spot zoning. Under the current zoning, the applicant could have two lots. If RE-12.5 zoning is approved, the applicant would stipulate to a deed restriction limiting the property to three lots, each over 19,000 sq. ft., just shy of the minimum standards for RE-20 zoning. The Planning Commission recommended approval with a deed restriction or development agreement.

Kelly Schmutz, Bush and Gudgell, advised that an easement was granted for a 50' roadway, but title to this property is still held by the applicant.

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

MOTION: A motion to approve the zone change by ordinance subject to a deed restriction limiting the property to three lots was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Bunker.

Council Member Allen suggested that any development agreement or deed restriction be approved by legal staff.

AMENDED MOTION: Council Member Whatcott amended his motion to include the stipulation that any development agreement or deed restriction be reviewed by legal staff.

SECOND: Council Member Bunker agreed to the amendment.

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

Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.



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March 3, 2005
Page Seven

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

Mayor McArthur announced that because a full City Council was not present, the public hearing would be held and continued, but no action would be taken.

Community Development Director Bob Nicholson explained the differences between the R-2 and RCC zones. He clarified that all zones of the City allow rentals. The R-2 zone limits housing to two choices - single family or duplex. The RCC zone allows for more types of housing with a conditional use permit.

Paul Bottema displayed a map of the area and stated that 50% of the homes are owner occupied and 50% are non-owned occupied. The purpose of the RCC zone is to encourage preservation of single family homes and promote new single family home developments and provide improved standards for multi-family dwellings.

Mayor McArthur opened the public hearing.

Harold Jackson commented that there are many duplexes in his area where the meter has been split and there are three to four families renting one home.

Bob Elliott commented that he owns property on north Main Street and plans on putting in multi-family housing. He requested that his property be excluded from RCC zoning, as it is surrounded by rentals.

Linnell Prisbrey commented that his lots are 115'-119' deep and four rods wide and will not meet code if the zone is changed to RCC. He uses one lot for his home and one for his shop, and requested that they remain as currently zoned so that he can continue to use his lot for his business.

Mayor McArthur explained that RCC zoning would not preclude him from using his property for what he presently uses it for.

City Attorney Shawn Guzman agreed that present uses can remain if the zone if changed.

Mr. Prisbrey stated that it would be better to enforce the ordinances than change the zone. He stated he wanted to change his property to a light commercial use and sell it.

Mr. Guzman explained that as long as the property owner remains the same, the use can continue, but it cannot be expanded. If the property is sold, the new owner must comply with the present zoning.

Council Member Allen inquired if those lots which are only a few feet shy of meeting the requirements for RCC zoning could be made exceptions with a development agreement.

City Manager Gary Esplin replied that Mr. Prisbrey could not tear down his existing buildings and put in commercial as the property is not zoned commercial. If he were to develop under the RCC zone, he could apply for a conditional use permit with a development agreement. If the zoning remains as is, he could build as many residential units as allowed by the zone. His business is already a non-conforming use in a residential zone.

Gloria Shakespeare commented that in an RCC zone, legally existing uses may continue indefinitely and may be replaced as provided in the City Code.

Jay Blake, representing the Della Blake family, commented that his property is located on 200 North and surrounding by commercial development. He stated he would like to develop his property in multiple family housing, however, this would not be allowed under RCC zoning. He stated the proposed zone change would infringe on his rights, and he saw no reason to isolate his lot by zoning it RCC.

Steve Bischoff commented that he recently purchased a home at 86 W. Diagonal with the hopes of turning it into a duplex to help finance his retirement. He would not be able to do this if the zone change were approved.

Tom Wineberg commented that under current zoning, ten years from now the area will be nothing but little shacks that will reflect on the entire downtown area.

Hyland Kirkland commented that he has lived in the area for 50 years and his property backs onto the backside of Gold?s Gym. He commented that there was a demand for duplexes and the zoning should not be changed, but rather better enforcement of the City?s current ordinances was needed.

Penny Baker advised she lived at 349 North 200 West and likes the neighborhood the way it is and does not want to see the interior of the blocks filled with rental units. She stated she was in favor of RCC zoning.

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March 3, 2005
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Ted Spilsbury, a resident at 569 North 500 West, commented that while he was mindful of property owners with large lots, he also had a significant investment in his home, and is in favor of RCC zoning.

Steve Duke explained that his lot is over 32,000 sq. ft. but has only 58.54 feet of frontage. He stated he would like to put in a couple of four-plexes, and was opposed to the proposed zone change.

Louis Cook, a resident at 500 West 600 North, commented he was in favor of anything that would keep the neighborhood homeowner friendly.

There being no further public comment, Mayor McArthur advised that the public hearing would be continued to the next City Council meeting.

City Manager Gary Esplin encouraged anyone with knowledge of zoning violations to contact the City?s enforcement officer.

MOTION: A motion was made by Council Member Allen to continue the public hearing.

SECOND: The motion was seconded by Council Member Bunker.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential to PD Residential on 10.75 acres and amend the existing Cliffs at Snow Canyon to add the additional acres to the project located east of Snow Canyon Parkway at approximately 3052 North. Randy Deschamps, applicant.

Community Development Director Bob Nicholson explained that the addition of this property would bring the project to 124 acres. A portion will require a hillside development permit. The applicant proposes 15 homes on the ten acre parcel, and has acquired the land with the intent to donate a portion to Snow Canyon State Park. That donation has not occurred and the applicant is withholding one lot from the plat until that donation occurs and the access issue is resolved. The Planning Commission recommends approval.

City Manager Gary Esplin commented it was his understanding that the City did not have a correct legal description for the subject property.

Associate Planner Mark Bradley advised that the acreage was correct as noticed, but the legal description has not yet been worked out.

City Attorney Shawn Guzman advised that action could not be taken until there was a correct legal description.

Mayor McArthur opened the public hearing.

Mary Ann and Jack Ferraro explained that they owned property adjacent to proposed Lot 209 in Kachina Cliffs and inquired if there would be a buffer zone.

Randy Deschamps, applicant, replied that there would not be a buffer zone as the lots backed to each other.

Mrs. Ferraro inquired if access to the Cliffs would be through Kachina Cliffs.

Mr. Deschamps replied that Cliffs residents would access through their own entrance off Snow Canyon Parkway. Another access has been negotiated with Entrada for fire safety.

MOTION: A motion to continue the public hearing to the next meeting was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Allen.

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

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

Community Development Director Bob Nicholson explained this item was continued from the last City Council meeting when the City Council asked staff to research what other cities required in the C-1 zone. He surveyed ten cities, and the responses varied greatly among the cities.

Council Member Whatcott asked Mr. Nicholson to identify the sizes of various buildings around town for a comparison.

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Mayor McArthur opened the public hearing.

MOTION: A motion was made by Council Member Whatcott to continue the public hearing.

SECOND: The motion was seconded by Council Member Allen.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a day care for up to 16 children in a home at 2424 East 2070 South in the Wild Flower Subdivision. Mrs. Jane Osterman, applicant.

Assistant Planner Ray Snyder explained that the applicant is currently operating a day care for eight children. The Planning Commission recommends approval. There has been no opposition to the request.

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

SECOND: The motion was seconded by Council Member Allen.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a manager/security residence as a part of the Main Street Theater at 35 North Main. John Clemons, applicant.

Assistant Planner Ray Snyder explained that the City Code provides for a manager/security personnel residence in a commercial zone. Shared parking arrangements have been made for one parking space in the back. The Planning Commission recommends approval.

Les Stoker, architect, explained the stairway will be at the back of the building and is the only access to the apartment. The apartment will be located above the stage area. Seismic issues with the building still remain to be addressed. The proposed apartment will be about 2,000 sq. ft., have one bedroom, and will be occupied by the owner.

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

SECOND: The motion was seconded by Council Member Bunker.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to expand an existing substation and build a communication microwave repeater located along Cottonwood Springs Road approximately 1.3 miles north of the intersection of Red Rock Road and Middleton Drive. Mark Cox for PacifiCorp, applicant.

Assistant Planner Ray Snyder explained that the purpose of the CUP is for voice communications, SCADA and relay protection which can be controlled remotely from the City?s yard. The applicant would like to fence off 24 acres for location of the repeater. The Planning Commission recommended approval with the stipulation that the road could be adjusted or removed in the best interests of the City?s road master plan. The project is designed to bring electrical power and consistency to the community and will help prevent blackouts in the future and provide for future growth.

Council Member Whatcott explained that as discussed in the Water and Power Board meeting, this is a $90 million project looking toward the future needs of southern Utah, and is the first step in bringing more reliable power to St. George.

Mark Cox, Utah Power, explained that the initial plan will take the project to 2009. Over the next ten to fifteen years of growth, the 138 lines will be replaced with a 345 line. The wood line from Red Butte in the Central area will be replaced with steel towers.

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

SECOND: The motion was seconded by Council Member Allen.

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

AMENDED PD PLAN:
Consider approval of an amended PD plan for Pinebrook North. Cary Blake, applicant.

City Manager Gary Esplin explained that as discussed previously, the Pheasant Springs PD was not entirely completed as originally platted. A private street services this PD and the applicant has presented a plan for an LDS Church to the north and a small subdivision

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to the east, with the understanding that the Pheasant Springs homeowners board does not want the street opened up for public use and taken over by the City. This was a condition of previous approval.

Community Development Director Bob Nicholson explained that the applicant proposes a nine lot subdivision, and has had a lot of discussion with the Pheasant Springs HOA about alternatives. The most recent proposal is for a culdesac at the end of the public street and a small driveway off the culdesac as a connection to the private street. The Pheasant Springs HOA indicates that they can live with this but requests a gate as they do not feel brick pavers and signage will discourage use of the private street. The City Engineering Department recommends approval without a gate but with signage. If a problem continues with through traffic, a gate can be looked at as a last resort to control traffic.

Elaine Jacobonie, representing the homeowners in Pheasant Springs, expressed concern about increasing traffic. She stated she did not think signs would deter people from using the private street.

Cary Blake presented pictures of gates which could be used.

Mark Walters advised they would do whatever the City Council wanted them to do.

Kim Campbell, architect, explained that the church would take care of the hammerheads and block wall between the church and adjacent homes. There would be no access through the block wall.

Council Member Bunker suggested that access be kept open and a gate not installed.

City Manager Gary Esplin explained that the City could require the developer to post a cash bond for the cost of the gate as he would hate to see the City have to pay for the gate if there is a problem down the road.

City Attorney Shawn Guzman advised the bond would have to be for a time certain so that it could be released at some point.

MOTION: A motion was made by Council Member Bunker to approve the amended PD plan with a connecting street off the culdesac without a gate, require a bond for the gate if needed in the future, and the other conditions such as a turn-around as discussed at the last meeting, pavement stamping, signage, and a gate, if needed at a later date, constructed to City specifications.

SECOND: The motion was seconded by Council Member Allen.

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

Council Member Allen instructed residents of Pheasant Springs to contact the City if there is a problem with through traffic.

TIE DOWN LEASE:
Consider approval of a tiedown lease agreement with Clifford Chaney.

Public Works Director Larry Bulloch explained that the Airport Board recommended approval of a lease at the airport for installation of shade hangars. The applicant would install three shade hangars in the area of Lynn Ginnochio?s hangar at the south end of the terminal. The lease amount is $150 per year.

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

SECOND: The motion was seconded by Council Member Bunker.

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

PURCHASE EASEMENT:
Consider approval to purchase an easement for a sewer line in the Washington Fields.

Water Services Director Barry Barnum explained that the City is installing a sewer trunkline to serve the Little Valley area which will tie into the sewer line from Washington City. In order to complete the negotiated easement with Max Seegmiller, staff recommends approval as his is the least expensive route and staff?s first choice.

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

SECOND: The motion was seconded by Council Member Allen.

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


St. George City Council Minutes
March 3, 2005
Page Eleven

APPOINTMENTS:
Mayor McArthur recommended appointment of Dave Black and Judd Burgess to the Hillside Review Board to replace Russ Owens and Spence Reber.

MOTION: A motion was made by Council Member Whatcott to appoint Judd Burgess and Dave Black to the Hillside Review Board.

SECOND: The motion was seconded by Council Member Allen.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held January 27, 2005.

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

SECOND: The motion was seconded by Council Member Bunker.

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


Consider approval of the minutes of the regular City Council meeting held February 3, 2005.

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

SECOND: The motion was seconded by Council Member Allen.

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

Consider approval of the minutes of the City Council work meeting held February 10, 2005.

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

SECOND: The motion was seconded by Council Member Bunker.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held February 22, 2005.

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

SECOND: The motion was seconded by Council Member Bunker.

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

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

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 Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Allen.

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





St. George City Council Minutes
March 3, 2005
Page Twelve

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin inquired if the City Council wanted to proceed with demolition of seven homes damaged by the flood at a cost of $31,000. It was the consensus of the City Council to proceed with demolition.

City Manager Gary Esplin explained that construction of the new Mitsubishi dealership has been delayed due to wrong engineering information and then the weather. They are requesting permission to locate temporarily in an area that is not fully improved as required by City Code. Staff denied their request, however, the City would like to accommodate them as they are a large sales tax generator. Matt Loo is working on the problem.

City Manager Gary Esplin advised that the Boulevard project costs are increasing, and are now at $1.9 million.

Council Member Gail Bunker explained that the Dinosaur Foundation Board would like more communication and input from the City Council.

City Manager Gary Esplin updated the City Council on recent RDA legislation.

City Manager Gary Esplin updated the City Council on FEMA funding issues.

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

SECOND: The motion was seconded by Council Member Allen.

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



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Gay Cragun, City Recorder