City Council Minutes

Thursday, May 5,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 5, 2005, 3:00 P.M.
ADMINISTRATION CONFERENCE ROOM/CITY COUNCIL CHAMBERS


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

CONVENE EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Orton to convene an executive session to discuss litigation.

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

Upon conclusion of the executive session by motion, the regular meeting began at 4:00 p.m. as follows:

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. He invited a Scout in the audience to introduce himself, after which the young man led the pledge of allegiance. The invocation was offered by Council Member Bunnker.

Mayor McArthur announced that the City maintained a list of individuals who volunteer to open City Council meetings with an invocation, and anyone wishing to be added to this list was welcome to do so. He advised that he and all the Council Members are on the list.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming the month of May as Bike Month in the City.

Ryan Gurr explained that he would like the City to participate in a ?Share the Road? campaign to promote a friendlier environment for bicyclists by allowing installation of signs on select roads throughout the city. The signs will remind motorists to be aware of bicyclists who are also using the roads. A sponsor has been found to purchase the signs.

The Mayor and Council encouraged Mr. Gurr to work with City staff on placement of the signs.

AWARD OF BID:
Consider award of bid for uniform laundry services.

City Manager Gary Esplin advised that this item was tabled.

AWARD OF BID:
Consider award of bid for lighting fixtures for the St. George Blvd. reconstruction project.


Energy Services Director Phil Solomon explained that the staff recommends award of the bid to the low bidder, Northern Power, in the amount of $222,252.

Marc Mortenson, Assistant to the City Manager, explained that the bid is for just under 100 fixtures which will be decorative in nature. A photometric plan has been completed.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Northern Power, in the amount of $222,252.

SECOND: The motion was seconded by Council Member Allen.

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

Mr. Mortenson advised that by bidding the light fixtures separate from the State?s bid, the City saved over $100,000. The State?s electrical contractor will install the lights, but the City will inspect all that it takes ownership of - lights, sewer, and water line.

AWARD OF BID:
Consider award of bid for concrete and steel for the Ledges substation.

Energy Services Director Phil Solomon explained that three bids were received for the concrete, and one bid was received for the steel. He recommended award of the bid for the steel to Theobald Construction in the amount of $29,944. He recommended award of the bid for the concrete to the low bidder, Theobald Construction, in the amount of $32,300.
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MOTION: A motion was made by Council Member Allen to award the bid for the steel to Theobald Construction in the amount of $29,944.

SECOND: The motion was seconded by Council Member Orton.

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

MOTION: A motion was made by Council Member Gardner to award the bid for the concrete to Theobald Construction in the amount of $32,300.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for the water reclamation facility reuse project.

City Manager Gary Esplin explained that funds for the $4,187,775 project will come from the Shivwits settlement. $15,000,000 has been allocated. The plant will be oversized to accommodate more than the 2,000 acre feet which must be supplied to the reservation. Total cost of the project will be around $12,000,000.

Water Services Director Barry Barnum explained that the facility will be larger than that envisioned as part of the settlement agreement, and that is why the cost is more. The bidders were pre-qualified. There is a six month completion date, and it is hoped that construction can begin next month.

MOTION: A motion was made bye Council Member Gardner to award the bid to the low bidder, Weyher Construction, in the amount of $4,187,775.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for four 138kV circuit breakers.


City Manager Gary Esplin recommended award of the bid to the low bidder, Western States, in the amount of $189,200.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Western States, in the amount of $189,200.

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 Cooper station mounted VR-32 regulators for the Ledges Substation.

City Manager Gary Esplin recommended purchase of three regulators from the manufacturer?s representative, Western States, in the amount of $37,554.

MOTION: A motion was made by Council Member Allen to purchase the regulators from Western States in the amount of $189,200.

SECOND: The motion was seconded by Council Member Gardner.

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

ORDINANCE:
Consider approval of a firearms ordinance.

City Manager Gary Esplin explained that staff and the Police Department recommend that all discharge of firearms be banned within the City limits. There is a separate requirement for shooting within the habitat area.

Council Member Gardner commented that a place was needed where people could shoot.

City Manager Gary Esplin stated there have been several near misses in the Paradise Canyon area, and the Police are adamant in their recommendation to ban all discharge of firearms within the City limits.

Council Member Allen inquired if the proposed ordinance addressed paintball guns.

City Attorney Shawn Guzman replied that the proposed ordinance did not address paintball guns.

Council Member Allen inquired if the proposed ordinance addressed beebee guns.

City Attorney Shawn Guzman replied that the proposed ordinance did not address beebee guns specifically, but the ordinance does away with the ability to shoot or discharge any firearms

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within the City, and this would include beebee guns. If the Council so desired, the ordinance could be modified to allow an exception for beebee guns and paintball guns on an approved course.

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

SECOND: The motion was seconded by Council Member Allen.

Council Member Bunker inquired how long it would be before the ordinance was enforced, and commented that leeway should be given so that the public knows about the new restrictions on discharge of firearms within the City limits.

City Manager Gary Esplin replied that the police would give warnings to get the word out.

City Attorney Shawn Guzman replied that signs would also be installed in the South Block area along the road.

Council Member Gardner explained that his objection to the proposed ordinance is that it does not designate a place where shooting can take place within the City, and the ordinance is too restrictive and too broad. He inquired if the County shooting range is open to the public.

Mayor McArthur replied that the shooting range is open to the public, but did not know if there was a fee for use of the facility.

Lorin Johnson, St. George Police Department, commented the County shooting range is open to the public, but he did not know the parameters for its use.

Mayor McArthur commented there are designated areas for rifles, pistols, bow and arrow, and paintball at the County facility.

Council Member Gardner inquired if there was an option for a rifle range by the City?s wastewater treatment facility.

City Manager Gary Esplin replied that long range plans for this area include use by bicycles and off-road vehicles. The City has been working with SITLA and the BLM to build trails in the area, and has not envisioned a shooting range in this area.

Ron Parker commented that in 1998 he suggested to the City Council that discharge of firearms be prohibited in the City and nothing has been done about it until now. He suggested several clarifications to the ordinance wording.

City Attorney Shawn Guzman recommended that the ordinance be adopted as presented, and that he would look at several definitions in the State Code and consider incorporating them into the ordinance at a future date for clarity.

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

Council Member Orton - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Gardner - no

The motion carried.

Council Member Gardner commented that he would support the ordinance if a place could be found for shooting.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held April 26, 2005, recommended that public hearings be scheduled for June 2, 2005 at 5:00 p.m. to consider (1) a zone change from OS and MG to PD on 567.11 acres and amend the existing Sun River St. George development to add the said acres to the overall project, (2) a zone change from RE-20 to R-1-10 on 26.48 acres located at the northwest corner of the intersection of 2800 South and Little Valley Road, (3) a zone change from R-1-10 to R-3 on .55 acres located at 500 South 1075 and 1055 East, and (4) a request to adopt a rock wall height and setback standards.

MOTION: A motion was made by Council Member Gardner to schedule the public hearings 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.

PUBLIC HEARING/ORDINANCE: Public hearing to consider amending Title 10, Chapter 13A, St. George City Code, to allow an alternate member to be appointed to the Hillside Review Board.

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

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


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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 Allen - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND DEVELOPMENT AGREEMENT:
Public hearing to consider amendment of a development agreement for the ?Fawson Property?, a commercial C-2 zone parcel located south of the intersection of Bluff Street and Diagonal Street, to allow access on and off 700 West Street, a carwash with a convenience store, and review of the site plan and building elevations.

Associate Planner Mark Bradley explained that this property was recently granted a zone change from PD Commercial to C-2 with a development agreement. The applicant?s request now is for access to 700 West Street and receive approval for a car wash associated with a convenience store and gas station and obtain approval of the revised site plan, building elevations and renderings. The Planning Commission recommended approval on a four to one vote subject to the following conditions: (1) that the applicants redesign the site so there is not a direct through from Bluff Street to 700 West, (2) that the applicants create a deceleration lane northbound on Bluff, (3) compliance with the recommendations of the traffic impact study, and (4) that the proposed canopy be a darker tan or brown rather than white.
The Planning Commission also suggested that a roundabout at the intersection of 700 North
and 700 West be considered.

Mayor McArthur inquired of City staff if the access on 700 West could be moved further north so that it does not intersect with a driveway directly across the street.

City Traffic Engineer Aron Banker replied that the access onto 700 West could not be moved further north due to its proximity with the intersection.

Mayor McArthur inquired about the possibility of a right-in right-out only at that location.

Mr. Baker replied he did not know what use that would be to the applicant.

Council Member Whatcott commented that a right-in right-out would force people to drive through the neighborhood to get to Diagonal Street.

Mr. Baker advised that the Planning Commission asked staff to look at the possibility of a roundabout, but the skew of the streets do not provide a good, clean location for a roundabout. He stated that the current two-way stop operates fine as traffic control.

Council Member Bunker inquired if there was room for a left-hand turn from Diagonal onto the property.

Mr. Baker replied that there would be room.

Rob Benson, applicant, explained that they have tried to be sensitive and thoughtful in coming up with the plan and have utilized all suggestions made by staff, and have taken great strides to develop a plan with adequate flow so that customers can use the drive-through. A small drive-through site is proposed and a sit-down boutique bakery and bagel shop with web access. The traffic impact study addressed the primary point of friction, which is the 700 West egress and ingress, and states the 700 West entrance is an accessory entrance only and states that it is better for the region and residents. Further, Aron Baker?s memo reiterates that the traffic impact study is sound.

Council Member Bunker inquired if there had ever been any discussion about an entrance on 700 North.

Mr. Benson replied that other entrances are not feasible without creating a host of problems.
Sonic Burger has been contacted about the possibility of working together to create a deceleration lane. They said if UDOT would approve it, they would be a party to it as it would also benefit them. A planter and trees will be planted so there is no straight-through access from Bluff Street to 700 West. He stated they would abide by everything asked by the Planning Commission.

Council Member Bunker inquired why there was not an entrance off 700 North.

City Manager Gary Esplin replied there was not room for an entrance as it would be too close to the intersection.

Council Member Gardner commented that Sonic also had to meet landscaping requirements.

Mayor McArthur opened the public hearing.

Mont Mahoney explained that he represented some of the residents of Sun Stone. He stated that the applicant?s present plan contained elements not included in the Fawson?s plan. He inquired as to which uses were allowed then, and which uses will be allowed now.


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John Bulloch explained that he lives on the corner of Diagonal and 700 West, and his driveway is right across the street from the proposed access on700 West. When the property was zoned PD, the minutes of the Planning Commission meeting indicate that the Planning Commission recommended approval subject to no signs showing on 700 West and no access on 700 West. He stated that while he did object to the project, he did object to the access on 700 West because of its proximity to his driveway and for safety reasons.

Bill Oseker, a resident of Sun Stone, stated he was opposed to the project because it would create traffic on 700 West, which is Sun Stone?s only access.

Rob Benson, applicant, stated that the site requires several accesses, and 700 West is 90' wide with low traffic volumes. He clarified that at the time the Council promised no access onto 700 West, an access on Bluff was part of the project.

Jody Jorgenson, a resident of Sun Stone, expressed concern about additional traffic on 700 West due to the already high volume of traffic at the park on days when there are soccer games. She also expressed concern about lighting from the car wash.

Mayor McArthur expressed concern about the size of the proposed sign.

John King, a resident on 700 West Street, presented a petition against the request and commented that traffic is already backed up in the area.

Leisure Services Director Kent Perkins advised that once the City?s new soccer fields are built, the park will no longer be used for organized play and will return to use as a neighborhood park.

John King reminded the City Council about their promise to residents in 1994 and 1996 that they would never allow access on 700 West.

Ron Lemmon stated he did not agree with the traffic impact study, and that there would be more cars than three cars an hour entering 700 West from the project, and more than 13 cars per hour during peack times.

Kent Poulson, a relative of the Fawsons, advised that he used to run the Sonic Burger before it was sold. He commented that while he recognized the feelings of the neighborhood, the family has tried many ways to develop the property and has spent a lot of time and effort and money to develop it. At no time did the family agree to never pursue access onto 700 West.

Russell Gallian, representing the Fawson family, advised that at no time was there an agreement or prohibition that would preclude access to 700 West. Additionally, the traffic study shows that this is a better way to handle access. The development agrees states that lighting will not be directed toward the residents on 700 West, and there will be no signage on 700 West.

Rob Benson commented that 700 West is 90' wide and creates an effective buffer between commercial and residential and the access onto 700 West is better for safety.

Mayor McArthur inquired if the traffic study is to be believed and only three cars per hour will access 700 West, if the access to 700 West was needed.

Rob Benson replied that the traffic professionals? answer to this question is that the access to 700 West is vital for rush hour periods.

Tyler Hoskins advised that the project will generate 946 daily trips, 72 during peak hours. A total of 24 cars per day will access the 700 West access.

Council Member Whatcott inquired if this assumption also included the Sonic Burger.

Mr. Hoskins replied that no, Sonic Burger was included in background traffic. Cars from Sonic Burger which jump the curb now are breaking the law and therefore could not be included in the traffic study.

Mayor McArthur inquired of Mr. Hoskins if he had ever gone back six months later to see if a traffic study was the same as projected.

Mr. Hoskins replied that he had not, but the numbers used in the traffic study are based on the Institute of Transportation engineer statistical data.

Council Member Allen inquired what incentive there would be for cars to turn right when exiting onto 700 West, instead of turning left to proceed to Diagonal Street.

Mr. Hoskins replied that Diagonal is very congested and the delay there would be a lot longer than turning right to go to 700 North or going to 500 North to use the signal.

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

Council Member Gardner commented that there have been legitimate attempts to use statistical data and logic in this discussion, and while he thinks there will be more traffic generated than shown, the fact is that there are reasons why the traffic study recommends a 700 West access. He commented he felt the applicants had a right to access the public road, and the residential area borders a commercial area. He stated he thought the request made sense, and while the neighborhood concern is correct, the proposal as submitted is the right thing for that piece of property.

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

SECOND: Council Member Orton commented he would second the motion if the stipulations with regard to signage and lighting were included.

AMENDED MOTION: Council Member Gardner agreed to add those stipulations to his motion

Council Member Bunker inquired about the size of the sign on Bluff Street.

Rob Benson replied that he did not need as big a sign or an animated sign similar to the sign at the store on River Road. There would be no signs on 700 West or Diagonal Street. A photometric study for lighting will be done and they will abide by everything recommended in it as well as abide by the ordinance. He commented the convenience store would not be open 24 hours a day.

Mayor McArthur encouraged construction of a deceleration lane, and suggested that the entrance on 700 West be moved as far north as possible.

Rob Benseon stated that it may be a while before the deceleration lane is approved by UDOT, and he requested permission to move ahead with the project, using every reasonable effort to work with Sonic Burger on the deceleration lane.

City Attorney Shawn Guzman commented that if the traffic study determined that a deceleration lane was needed, it is needed from day one and should be a requirement. He asked that the motion be clarified to include the finding that the car wash and convenience store are in harmony with the uses set forth in the development agreement.

AMENDED MOTION: Council Member Gardner agreed to clarify his motion to include the finding that the car wash and convenience store are in harmony with the uses set forth in the development agreement.

Council Member Whatcott commented he thought the deceleration lane was critical to the facility?s operation.

Tyler Hoskins commented the criteria in the design standards calls for a volume of 51 cars turning right before a deceleration lane is required. The traffic study shows that the number of cars has not yet reached 51, however, he would personally support a deceleration lane.

City Traffic Engineer Aron Baker commented that at present the site does not meet the guidelines for requiring a deceleration lane, but trips into Sonic Burger would add 50 cars a day, and the value of a deceleration lane is tremendous.

AMENDED MOTION: Council Member Gardner amended his motion to include the requirement for a deceleration lane.

Council Member Whatcott inquired what would happen if the business did not do well and the fabric canopy became torn or dilapidated.

Rob Benson replied that traditional aluminum canopies could be used if the City Council so desired, but the owners would be responsible for the site. He asked that the developers not be held hostage with regard to the deceleration lane until UDOT approves it, and that he be allowed to move forward with the project in the meantime.

AMENDED MOTION: Council Member Gardner commented he would back away from the stipulation in his previous motion that a deceleration lane was required.

WITHDRAW SECOND: Council Member Orton commented in that event he would withdraw his second to the motion, as he felt a deceleration lane was needed.

After discussion, Rob Benson advised that he would accept the contingency that a deceleration lane is required.

MOTION: A motion was made by Council Member Gardner to approve amendment of the development agreement subject to the stipulations of the Planning Commission, that the stipulations with regard to signage and lighting be included, a finding that the car wash and convenience store are in harmony with the uses set forth in the development agreement, and a deceleration lane is required.

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 short break.

ORDINANCE:
Consider approval of an ordinance changing the zone from R-1-10 to AP on one acre located on the south side of Foremaster Drive and west of 1450 East Circle.


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City Manager Gary Esplin explained this item was tabled from the last meeting.

Associate Planner Mark Bradley displayed exhibits of the site.

David Blake, applicant, explained that approval of the zone change will accommodate the buildings as previously presented. There will be a two story building on the west side, and a three story building on the east side.

MOTION: A motion was made by Council Member Gardner to approve the zone change with a development agreement.

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
Council Member Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing submittal of a grant application for the purchase of 15 acres in the Montezuma Wash area of Bloomington for a park and open space use.

Leisure Services Director Kent Perkins explained that SITLA has put up for auction a 15.2 acre parcel of property in Bloomington along Montezuma Circle. This piece of property was originally included in the County?s master plan as open space. Planning, engineering and leisure services staff looked at the site and came to the conclusion that because of hillside and drainage issues, the property should not be developed. The City has access to a state grant program from which the City might be able to acquire funds to purchase the site with the goal of turning the property into a trailhead and small park. This use would fit within the guidelines for use of impact fees. Neighbors have expressed interest in helping to come up with the funds needed to match the grant. The City has ordered an appraisal, with estimates of value of the property varying between $50,000 to $400,000. Staff feels the appraisal will come in less than $200,000. Mr. Perkins requested permission to apply for the grant. If the value of the property is too great, the City does not have to accept the grant. Staff asked SITLA if they would be willing to pull the property from the auction to give the City time to apply for the grant and receive a response, and they are willing to do this.

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

SECOND: The motion was seconded by Council Member Gardner.

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

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 26, 2005, recommended approval of the final plat for The Riverfront with 21 single family detached patio homes located at 2650 South River Road. Richardson Homes, Inc. is the applicant.

Mr. Bradley advised that the Planning Commission also recommended approval of the final plat for Willowbend Townhomes with nine townhome units located at the southeast corner of the intersection of Valley View Drive and Indian Hills Drive. Ence Bros. Construction is the applicant.

Mr. Bradley advised that the Planning Commission also recommended approval of the final plat for Cotton Manor Phase 7 with 28 single family detached patio homes located at 350 North and 2450 South. Springfield Investment, Inc. is the applicant.

MOTION: A motion was made by Council Member Orton 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. The motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 26, 2005, recommended approval of the final plats for Tuscan Hills Townhomes Phases I and II with 46 townhome units located at Plantations Drive off of Dixie Drive


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subject to staff final review, signatures, and City Council approval of a development agreement. Haskell Homes, Inc. is the applicant.

Michael Day, representing the applicant, advised that he has been working with Deputy City Attorney Ron Read on the development agreement and everything is in final form. He then reviewed the provisions contained within the development agreement.

City Attorney Shawn Guzman advised that the plats had been extensively reviewed, and his only concern is whether improvements to the roadways are system improvements or not. He stated he did not agree the improvements were system improvements, but he will have the opportunity to look at the applicant?s figures and meet with the City?s traffic engineer and then make a determination. He recommended approval of the final plats subject to the development agreement being worked out to the satisfaction of legal counsel.

Mr. Day explained it is the applicant?s intention to landscape the front portion of the knuckles while preserving the site distance with the back portions being incorporated as parking areas on private streets.

MOTION: A motion was made by Council Member Orton to approve the final plats subject to approval of the development agreement by the City?s legal counsel, 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. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held
April 26, 2005, recommended approval of the final plat for Stone Cove Phase I with 12 single family residential lots located at 2520 East 1450 South. Norm Dobson is the applicant.

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

SECOND: The motion was seconded by Council Member Allen.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 26, 2005, recommended approval of the preliminary plat for Serenity Hills Phase 2 with 13 lots located at 2000 South 2580 East. Quality Development is the applicant.


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

SECOND: The motion was seconded by Council Member Bunker.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 26, 2005, recommended approval of a hillside development permit for The Pointe at Sunbrook Phase 2 subject to the recommendations of the Hillside Review Board, as follows:

(A) A preliminary grading design be provided to staff for the extension of Emeraud Drive from where the road leaves the phase.
(B) Landscape plan for cuts and fills for the entire phase.
(C) Determine whether the 40% slope near the extension of Emeraud Drive is man-made.

Rick Rosenberg, representing the applicant, explained that there are excess materials coming out of adjacent projects, and this is one of the areas that is being studied as part of the hillside ordinance amendment.

Council Member Orton inquired of Mr. Rosenberg if special precautions had be to be taken because of soil problems.

Mr. Rosenberg replied that problems on Sunbrook Drive have caused humping of the road, and additional things will be done to provide structural integrity to the roadway. The applicant is also improving drainage adjacent to the roadway and has eliminated medians in the roadside landscaping because sprinkler overspray could have the potential to affect the subgrades. The site drainage on the home pads is being piped to storm drains so there is less moisture to attack the subgrade. Care must also be taken with the concrete flat work to keep it separate from the home so that if a driveway moves, it does not drag the home with it.

Associate Planner Mark Bradley commented that construction of the roadway caused a 40% slope to be created.

Council Member Whatcott inquired how the City could allow a developer to cut a road and create a 40% slope, yet deny development on a 40% slope in other areas.

City Manager Gary Esplin advised that the only reason the issue is before the City Council
is because of soil conditions and clay in the area.


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Mr. Rosenberg advised that the grading plan was approved by the City Council.

Associate Planner Mark Bradley explained that the City Council wanted to see the grading design to make sure it was not approving something that would marry them into another project. It was felt that the manmade slope would work as long as other 40% areas were not disturbed, such as the 40% slope area to the south.

Mr. Rosenberg clarified that two projects were being discussed and the ability to grade for fill for this project.

City Attorney Shawn Guzman advised that a policy was needed for the Hillside Board to follow.

Council Member Orton commented that other hillside areas needed to be identified so that a precedent is not set.

Council Member Gardner commented that there is already a significant amount of hillside within the hillside overlay area which is protected, but this project falls outside of that protection.

City Manager Gary Esplin commented that this matter will set a precedent for any areas outside of the hillside overlay zone. The difference here is the soil condition which threw the project into review by the Hillside Review Board. If the City Council wants to protect the hillsides, they should all be put in the hillside overlay zone.

City Attorney Shawn Guzman advised that the City Council can place certain conditions as part of any decision so that it does not set a precedent.

City Manager Gary Esplin replied that the City Council could find that a precedent is not set in this case because a grading permit was granted in 1988, even though the applicant did not act on it,

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission and due to the fact that a grading permit was issued in 1988.

SECOND: The motion was seconded by Council Member Allen.

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

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Whatcott - no

The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 26, 2005, recommended approval of a hillside development permit for the Foremaster Green Condominiums located at the southeast corner of the Foremaster Drive and Riverside Drive intersection subject to resolving the access location to the Johnson property and the recommendations of the Hillside Review Board, as follows:

(A) Staff will work with the developer to soften the edge of the cut and to allow more disturbance within the 26-39% slope area based on the roadway work on Riverside Drive and the existing hillside disturbance, finding that the proposed plan will improve the site.

Mr. Bradley advised that the property owners will work on providing a 30' wide area for access to the Johnson property.

Rick Rosenberg explained that the property is zoned R-3, and the Riverside Drive cut created the bulk of cuts, as well as the City expanding its project and moving the cuts farther into the site. In order to proceed with the site distance a chunk had to be removed. The cut will be put behind the units and a landscape corridor will be provided along the Riverside Drive project area. The area to the south will not be disturbed and the rock outcroppings and natural features will be incorporated into the project. All pristine hillside has been left the way it is, and the disturbed portion will be recut and shaped to allow the units to be set back and pushed back off Riverside Drive.

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

SECOND: The motion was seconded by Council Member Gardner.

City Attorney Shawn Guzman suggested that approval be made subject to working out an access agreement for the Johnson property and that none of the cuts in the hillside will change.

AMENDED MOTION: Council Member Orton agreed to add these provisions to his motion.

St. George City Council Minutes
May 5, 2005
Page Ten

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 April 26, 2005, recommended approval of a hillside development permit for Escalera Phase 3 located north of Middleton Drive at 2000 East subject to the following conditions:

(A) Lot 34 being staked and revisited by the Hillside Review Board at the next meeting for consideration.

(B) Lots are to be extended into the no disturb area with specific markers to be placed into the ground, such as permanent survey pins.

Associate Planner Mark Bradley suggested that common areas could also be created to protect the no disturb areas, with an association created to maintain the areas, or the City could take responsibility for the no disturb areas.

Milo McCowan, representative, advised that rather than go north through harsher territory, it was felt the road stubbed to the east was adequate. With regard to ownership of the open space, he stated he did not care whether the lots were extended or the City take the property as open space, but he did not want to create a homeowners association to police a cliff.

Council Member Whatcott inquired of staff if there was enough elevation change on Lot 34 so that water could be provided to the lot.

Associate Planner Mark Bradley replied that Lot 34 is outside of this request.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit, exempting Lot 34, with access to the east, with the undisturbed areas given to the City.

SECOND: The motion was seconded by Council Member Allen.

City Manager Gary Esplin advised that the undisturbed area should be deeded to the City before a grading permit is approved. There also needs to be a definition of private and public property so that it is not disturbed with something to delineate where the property line is.

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

DETERMINE SIGNIFICANT CHANGE:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held April 26, 2005, recomended that the City Council determine there is not a significant change to the townhome and condominium site plan and building elevations of the Casablanca PD. The new property owner would like to eliminate the townhome aspect of the project with have condominium units only.

MOTION: A motion was made by Council Member Orton to determine there was not a significant change to the Casablanca PD.

SECOND: The motion was seconded by Council Member Whatcott.

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

SITE PLAN AND BUILDING ELEVATION:
Site plan and building elevation for proposed automotive center and request for an adjustment in the landscaped setback area at the corner of Black Ridge Drive, 1700 South, and Hilton Drive. Stephen Wade, applicant.

This item was tabled because the applicant was not present.

LOT SPLIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its April 26, 2005 meeting, recommended approval of a lot split to divide a vacant parcel of land into two parcels at 946 W. Susnet Blvd. subject to the following conditions:

(A) Provide separate deeds for each parcel.
(B) Provide legal descriptions for each lot.
(C) A utilities and drainage easement shall be completed, notarized and recorded. (D) A reciprocal access agreement shall be completed, notarized and recorded.
(E) The applicant shall submit for review all legal documents to the City Attorney?s Office.

MOTION: A motion was made by Council Member Orton to approve the lot split subject to the recommendations of 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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage up to 21' in height adjacent to the residence at 3723 South 1550 West. James Brown, applicant.

Assistant Planner Ray Snyder advised that the Planning Commission recommended approval.

St. George City Council Minutes
May 5, 2005
Page Eleven

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

SECOND: The motion was seconded by Council Member Allen.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a three story bank building up to 54'7" in height at the southwest corner of 300 East and Tabernacle in an AP zone. Village Bank, applicant.

Council Member Gardner declared a conflict of interest and left the stand.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held April 26, 2005, recommended approval of a conditional use permit subject to the following conditions:

(A) The building is approved with a maximum height of 54'7".
(B) The basement shall be used for storage and mechanical units only, except that it may also be used for a break room and training room.
(C) The basement shall not be converted for future office use.
(D) A Site Plan Review application along with four sets of plans shall be submitted to the Engineering Department for standard plan check review.
(E) The two driveways on Tabernacle Street shall be combined into one driveway to reduce the number of accesses on Tabernacle Street and to reduce the potential conflicts of traffic movement between these two closely spaced driveways.
(F) The proposed driveway locations are to line up with existing driveways across the street on both Tabernacle and 300 East.
(G) No parking is allowed on the street between the driveways on 300 East.
(H) No parking is allowed within 300 feet of the driveway on Tabernacle Street.
(I) All signing and striping shall conform to the City of St. George and MUTCD standards.

Kim Campbell, architect, explained that one driveway will be used by customers and the smaller driveway will be used by employees.

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

SECOND: The motion was seconded by Council Member Allen.

Public Works Director Larry Bulloch commented that staff prefers the driveways be combined into one in the center of the property. Another alternative is to close one driveway and eliminate the conflict as a compromise.

Bill Hickman, representing the applicant, explained that the reason for two driveways is to make sure there is a clear flow to the drive-in facility.

AMENDED MOTION: A motion was made by Council Member Bunker to approve the request but with only one driveway.

WITHDRAW SECOND: Council Member Allen withdrew her second to the previous motion.

After discussion, Mr. Campbell agreed that a single driveway in the position of the wider driveway would be a good compromise.

MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit with a single access offset with the driveway to the Tabernacle Towers.

SECOND: The motion was seconded by Council Member Bunker.

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

Council Member Gardner returned to the stand.

REQUEST FOR EXTERIOR SIGNS AT MAIN STREET PLAZA:
Consider approval of a request for exterior signs at the Main Street Plaza building.

City Manager Gary Esplin explained that there apparently has been a misunderstanding, as the monument sign in the middle of the Main Street Plaza building on Main Street is for second-floor office space, and there is no signage for retail. Blue Bunny is in the process of completing their retail store and is requesting signage on the building. Staff feels OK about the proposal. The applicant is asking for clarification of what signs are allowed for retail space.

Gilbert Jennings stated the minutes did not represent what was discussed and have created confusion. He is trying to build a multi-use facility and keep the first level retail and the upper levels office space. In previous discussions with the Historic Preservation Commission, they would not allow any signage, and a trade-off was made for a monument sign. The proposal submitted by Blue Bunny meets the requirements of the City.

Mayor McArthur inquired what would prevent others from putting signs on the building.

St. George City Council Minutes
May 5, 2005
Page Twelve

Mr. Jennings replied that the only other signs will be for retail on the lower level, signs on awnings and in the windows. The term ?awning? does not mean ?awning?, but refers to the fact that there may be something hanging. Blue Bunny proposes a pendant sign 6' in diameter hanging off a column which meets the ordinance.

Council Member Orton commented that a 3' sign on the building was fine, but he questioned a 6' sign hanging from the building.

Mr. Jennings replied that it met the requirements of the sign ordinance. The minutes are a misrepresentation of what was said, and there was no agreement not to place signs on the building.

City Manager Gary Esplin advised that a variance was granted to allow a monument sign in the middle of the building along Main Street. At that time a trade-off was made that there would be no signs on the building. The applicant is asking for clarification - how much signage should be allowed, and does it meet City Code and historic district requirements. Mr. Esplin stated that the proposed signs met both the City Code and historic district requirements.

Mr. Jennings commented that the Italian Bakery and Deli located at the back of the building will also want a pendant sign and a neon arrow to point back to the bakery. This is in keeping with the environment he is trying to create. The letter he wrote to Bob Nicholson focused on professional signs on the upper levels of the building, and he did not even consider this to be an issue with retail signs. He stated that he had not yet seen the 6' Blue Bunny sign and it has not been approved by management.

City Manager Gary Esplin stated he did not think the City could require anything more of Mr. Jennings without changing the ordinance, and as long as he met City requirements, his request should be approved.

Council Member Whatcott commented that this put the Brad Young, the City?s Enforcement Officer, in a tough position. The minutes say that signs on the bottom level will be on awnings and on windows, not on walls. Mr. Young is doing what he is requested to do based on Council meetings and what was stated in writing by Mr. Jennings. He inquired if the City would be seeing seven or eight of these signs along the project area.

City Manager Gary Esplin replied that the applicant could put in whatever is allowed by the City Code.

Council Member Whatcott commented that the City had an agreement with Mr. Jennings which would indicate otherwise.

City Manager Gary Esplin replied that the agreement did not take the place of the City?s existing ordinance, and there is a difference of opinion on whether there was an agreement. He recommended approval of the request.

City Attorney Shawn Guzman stated that the letter did constitute an agreement.

MOTION: A motion was made by Council Member Orton to approve signage for the Main Street Plaza building as allowed in the Historic District.

SECOND: The motion was seconded by Council Member Allen.

City Attorney Shawn Guzman recommended that a clarification be made that this approval is conditioned upon the fact that no signage will be allowed on the second floor or above of the Main Street Plaza building.

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

PARTICIPATE IN UPSIZING:
Consider approval to participate in upsizing a water line.

City Manager Gary Esplin explained that the City has a policy in which it tries to upsize lines as part of new development. Jeremy Black is installing a 4" line for fire protection, and the City would like to upsize the line to 8" to provide additional fire protection throughout the area.

MOTION: A motion was made by Council Member Bunker to participate in upsizing the line.

SECOND: The motion was seconded by Council Member Bunker.

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

CITY MAINTENANCE OF PLANTER STRIP:
Consider approval of a request for City maintenance of a planter strip along Indian Hills Dr. Cary Blake, applicant.

City Manager Gary Esplin explained that staff recommends the City continue maintenance of a planter strip along Indian Hills Drive. Since the City is already maintaining planter strip in this area, the cost is minimal. Mr. Blake?s will have to take care of any additional planter strips on his own.

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

SECOND: The motion was seconded by Council Member Gardner.

St. George City Council Minutes
May 5, 2005
Page Thirteen

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

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - no

The motion carried.

PURCHASE WATER SHARES:
Consider approval to purchase water shares in the St. George/Clara irrigation company from James McDermott.

This item was tabled.

PURCHASE WATER RIGHT:
Consider approval to purchase a water right for 19.96 acres feet of water.

Water Services Director Barry Barnum explained that a family owns water on the north side of the river which can be transferred to Millcreek water. Water on the north of the river is more valuable than water on the south. This is a good opportunity to purchase more water. The agreement is conditional upon approval of the change order allowing the City to move the water to Millcreek.

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

SECOND: The motion was seconded by Council Member Orton.

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

REIMBURSEMENT AGREEMENT:
Consider approval of a reimbursement agreement with Quality Excavation to improve Snow Canyon Parkway.

City Manager Gary Esplin recommended approval of an agreement for improvements along both sides of Snow Canyon Parkway. The City will improve its share of the road, with improvements paid for by federal highway funds. When the City receives federal funding, it will put in the medians.

Public Works Director Larry Bulloch explained that improvements will be made from 2000 North to 1400 West for a total of 1.1 miles. It is a $1.2 million project, with the City paying $298,000. Quality Excavation will rebuild, overlay and widen the roadway.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

CHANGE ORDER:
Consider approval of a change order to the contract with Interstate Rock Products, Inc. on the River Road improvement project.

City Manager Gary Esplin explained that legal counsel met and tried to work through several issues with a compromise as a result. Staff recommends that the time period be extended to May 20 to complete the entire project. The engineering company has agreed to lessen the amount they will be requesting from $90,000 to $30,000.

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

SECOND: The motion was seconded by Council Member Allen.

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

AGREEMENT AT AIRPORT:
Consider approval of an agreement with AMSI Aire, LLC to operate a flight instruction/aircraft rental operation from the Direct Aviation FBO at the airport.

City Manager Gary Esplin advised that the Airport Advisory Board recommends approval.

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

SECOND: The motion was seconded by Council Member Gardner.

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

PURCHASE INSURANCE:
Consider approval to purchase energy financial risk insurance.

City Manager Gary Esplin explained that last year the City entered into an agreement for financial risk insurance for the Deseret generation plant. This insurance would freeze the amount the City would have to pay at $65 a MW if for some reason that 50 MW is lost.

St. George City Council Minutes
May 5, 2005
Page Fourteen

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

SECOND: The motion was seconded by Council Member Allen.

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

AWARD OF BID:
Consider award of bid for the St. George Blvd. sanitary sewer rehabilitation project.

City Manager Gary Esplin explained that the project needs to be completed before the beginning of construction of the Blvd. project. Several bids were received, and the recommendation is to award the bid to the low bidder, T.E.S. Inc. in the amount of $210,725.

MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, T.E.S. Inc. in the amount of $210,725.

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 TENTATIVE FISCAL BUDGET:
City Manager Gary Esplin advised that the City?s General Fund for fiscal year 2005-05 is projected to be $38,991,500, and the Enterprise Fund is projected to be $116,348,858, with a total budget of $182,082.860. This amount is up 10% from last year in the General Fund.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

FISHING DERBY:
Energy Services Director Phil Solomon updated the Mayor and City Council on the upcoming annual fishing derby.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held April 19, 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 City Council work meeting held April 26, 2005.

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 EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss a land transaction was made by Council Member Allen.

SECOND: The motion was seconded by Council Member Whatcott.

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

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

The vote was unanimous and the motion carried.

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

SECOND: The motion was seconded by Council Member Gardner.

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



St. George City Council Minutes
May 5, 2005
Page Fifteen

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin advised that in the Riverwood and Creekside subdivisions, there are now roads which end right into the river. The cost of reconstructing culdesacs is $35,000 each and whose responsibility this is must be determined.

A brief discussion took place on the gate at Pinebrook.

Mayor McArthur advised that the 222 would be leaving for Iraq June 2, and a concerned veteran wants to spearhead a send-off celebration for them. The City will not take the lead in this endeavor but will participate.

Mayor McArthur advised that Debbie Hofheins from the Utah Foster Care Foundation would like to put up ribbons at the Bluff Street Park to foster awareness of the foster care program.

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

SECOND: The motion was seconded by Council Member Whatcott.

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



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Gay Cragun, City Recorder