City Council Minutes

Thursday, June 16,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 16, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The invocation was offered by Pastor Mark Gering and the pledge of allegiance was led by Mayor McArthur.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming the week of June 12-18 as United States Army Week in celebration of its birthday. He presented the proclamation to Sgt. Burgess of the local Army recruiting office, who then presented a cake for cutting in celebration of the event.

SEND-OFF FOR 222:
Mayor McArthur thanked citizens for attending the send-off of the 222nd, and advised that 471 soldiers were called up from Richfield south, with half from the St. George area.

AWARD OF BID:
Consider award of bid for a submersible pump, motor, and appurtenances for the Snow Canyon #3 well.

Purchasing Agent Sue Swensen presented the bids received:

Southwest Sales $28,622.62
Cutler Pump $29,995.94
Gardner Pump $30,083.69

She recommended award of the bid to the low bidder, Southwest Sales, in the amount of $28,622.62

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Southwest Sales, in the amount of $28,622.62.

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 Washington Fields wastewater transmission pipeline project.

Purchasing Agent Sue Swensen presented the bids received:

H. E. Davis Construction $2,122,041
Interstate Rock Products $2,674,906.70

She recommended award of the bid to the low bidder, H. E. Davis, in the amount of $2,122,041.

Water Services Director Barry Barnum commented that the bid was within budget.

Council Member Whatcott inquired if the bid had to be approved by Washington City as well, since this is a joint project.

Mr. Barnum replied that he will send them a bill.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, H. E. Davis Construction, in the amount of $2,122,041.

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 2450 South improvement projects.

Purchasing Agent Sue Swensen presented the following bids:

H.E. Davis $452,782.30
A-T Asphalt $584,869.54

She recommended award of the bid to the low bidder, H. E. Davis Construction, in the amount of $452,782.30.



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Page Two

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, H. E. Davis Construction, in the amount of $452,782.30.

SECOND: The motion was seconded by Council Member Allen.

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

City Manager Gary Esplin explained that funding for this project would have to come from a combination of sources, as it is not included in the budget.

AWARD OF BID:
Consider award of bid for the SunTran transfer center.

Purchasing Agent Sue Swensen explained that the transfer center would be located at 1000 East 100 South. There was only one bidder, even though the project was advertised twice.

Ryan Marshall, Public Works Service Coordinator, expressed surprise at the lack of interest in bidding the project. He explained the project area has already been excavated. The shelter will not be enclosed and the project will consist of a canopy roof, restroom, and drinking fountains. He stated he felt comfortable with the bid and also met with the bidder, who reduced his bid by $27,000. A decision does need to be made as to whether the restroom will be open to the public or used solely by the drivers.

City Manager Gary Esplin explained that 80% of the project will be funded by federal funds with a 20% local match.

MOTION: A motion was made by Council Member Gardner to award the bid to the only bidder, BT Builders, in the amount of $172,430.

SECOND: The motion was seconded by Council Member Bunker.

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

Purchasing Agent Sue Swensen advised that the new negotiated amount of the bid is $145,130.

AWARD OF BID:
Consider award of bid for wood poles.

Purchasing Agent Sue Swensen presented the bids received:

J. H. Baxter $34,740
Riter Engineering $55,482
McFarland Cascade $71,175
Northern Power $48,904

She recommended award of the bid to the low bidder, J. H. Baxter, in the amount of $34,740.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, J.H. Baxter, in the amount of $34,740.

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 current transformers, voltage transformers, and disconnect switches.

Purchasing Agent Sue Swensen presented the bids received:

Western States Electric $46,061
Codale Electric $47,296

She recommended award of the bid to the low bidder, Western States Electric, in the amount of $46,061.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Western States Electric, in the amount of $46,061.

SECOND: The motion was seconded by Council Member Whatcott.

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

RESOLUTION:
Consider approval of a resolution adopting the National Incident Management System.

City Manager Gary Esplin explained that the resolution was necessary in order to qualify for federal homeland security grants as well as other grants.

Fire Chief Robert Stoker explained that a presidential resolution now requires agencies to use this management system which provides a structure to follow during incidents. Under the

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directive, anyone who qualifies for homeland security funds needs to comply with the national incident management system.

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

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of a beer license for Basila?s Caf?. John Graham, applicant.


City Manager Gary Esplin explained that staff has reviewed the application and recommends approval.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

BEER LICENSE:
Consider approval of a beer license for Famous Dave?s BBQ. Susan Meyer, applicant.

City Manager Gary Esplin explained that there has been a change in ownership, therefore the holder of the current beer license needs to be changed.

MOTION: A motion was made by Council Member Gardner 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.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson recommended that three public hearings be scheduled for July 21, 2005 at 5:00 p.m. to consider the following: (1) a request to amend the City Code to revise density and disturbance standards and to establish additional design standards, (2) a zone change request from A-1 to R-1-12 on 22.83 acres located at the northeast corner of the intersection of 2780 East Street and 1450 South Street, and (3) a request to amend a PD Residential zone to allow recreational vehicle/vehicle pads in between the single family detached patio homes, eliminate the privacy wall requirement between Dixie Downs Road and pads #1-3, and remove the age limitation of 55 and older within the Emerald Ridge Subdivision located at 1806 N. Dixie Downs Road.

MOTION: A motion was made by Council Member Allen to set the public hearings 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.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson explained that a new state law requires that all subdivisions have a public hearing. He stated he was not sure if the City Council wanted to hold the public hearing or delegate that responsibility to the Planning Commission. He suggested that public hearings be scheduled for July7 for two preliminary plats: Shinava Subdivision at Entrada, and Serenity Hills Phase 3. Mr. Nicholson explained that there is only a three day public notice requirement, and he suggested the City adopt a 300' radius for notification as its standard.

MOTION: A motion was made by Council Member Orton to schedule the public hearings for July 7, 2005.

SECOND: The motion was seconded by Council Member Gardner.

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

FINAL PLATS:
Associate Planner Mark Bradley explained that the Planning Commission recommended that the final plat for Sagewood at Seven Hills Phases 2 and 3 be approved.

MOTION: A motion was made by Council Member Gardner to approve the final plats for Sagewood at Seven Hills Phases 2 and 3.

SECOND: The motion was seconded by Council Member Allen.


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

DETERMINE SIGNIFICANT CHANGE:
Associate Planner Mark Bradle advised that the Planning Commission recommended that the proposed road alignment for the Foremaster Ridge development expansion between Foremaster Ridge Phases 2 and 3 and the East Ridge Subdivision was not a significant change to the Road Master Plan and therefore would not require a public hearing. Staff recommends that the proposal is a significant change and requires a public hearing. He advised that since the Planning Commission meeting, it has been discovered there is a water line running through the area anticipated for the new roadway.

Assistant City Engineer Jay Sandberg remarked that he felt the proposed change was a significant change, and the homeowners and residents in the area should be notified. He stated that a 60' road on one side and a 50' road on the other was needed from a traffic point of view for circulation.

An unidentified man commented that the current layout allows 164 lots, but the applicant is reducing that to 62 lots and eliminating the 60' roadway with the current preliminary plat layout. The idea of Foremaster Ridge is to have large lots with homes that sit way back off the edge of the hill so as not to push the hillside. There are two accesses out of the area, and there is not a lot of pass-through traffic. The applicant would like to put the road over the utilities rather than have them separated, and the proposed road is in a better location from a drainage standpoint. He stated he would rather live on a 50' roadway than a 60' roadway, because traffic travels 10 mph less on a 50' roadway. The applicant does not feel the proposal is a significant change and would reduce density and eliminate a lot of traffic in the area.

Doug Rogers, applicant, explained that all along Foremaster Ridge there is a 30' setback from the abrupt edge. He is looking at expanding this to a 50' setback from the abrupt edge, and will encourage property owners to stay back this distance. He is reducing density to 1 3/4 lots per acre, and feels he has done all he can to meet the needs and requirements of the City. Additionally, there has never been more than one master planned road through the area.

Mr. Sandberg explained that the road master plan was adopted and put into place to match the preliminary plat for this area which was approved in 1996.

Mr. Rogers replied that this was before he owned the property and he did not know the preliminary plat existed.

Council Member Gardner commented he did not feel there was a significant change.

Scott Taylor, Water Quality and Resources Engineer Manager, explained that the existing road in the area has an 8" water line in it. The intent of the preliminary plat and master utility plan approved in 1996 showed both roads which created a loop system. The 8" line will not handle the amount of users to the south as there is not enough capacity in the line. There is an option to run a parallel line in the existing road. There needs to be two lines, whether in the same roadway or separated and looped as shown.

Council Member Whatcott inquired about the definition of significant change.

Deputy City Attorney Ron Read replied that there was no definition.

Council Member Gardner commented that a ?significant change? has been defined as something with a negative impact.

City Manager Gary Esplin commented that in the past the City Council has chosen to err on the side of caution and provide notice to those who might be affected by the change and allow them a chance to present their views through the public hearing process.

Council Member Whatcott inquired of staff their feelings about reducing the proposed roadway from 60' to 50'.

Community Development Director Bob Nicholson replied that staff had no problem with reducing the size of the road since the density is being reduced. However, staff does have a problem with the proposed five cul de sacs which does not represent good planning.

Doug Rogers replied that the City has approved 93 cul de sacs since July 2002, and a lot on a cul de sac is the most preferred lot.

City Manager Gary Esplin commented that the City Council has talked about not having walled communities, or closed gates, and the need for access between neighborhoods. Cul de sacs do not provide for that connectivity, and staff needs direction one way or the other.

Public Works Director Larry Bulloch explained that many people not residing in the area will use the proposed 50' street to avoid the congested areas of the Promenade and Factory Stores. A 60' road is better than a 50' road to accommodate the amount of traffic it will carry.

Doug Rogers commented that while a 60' road might be more efficient, it would allow traffic to travel at a higher speed and he wanted to avoid that.

MOTION: A motion was made by Council Member Gardner to hold a public hearing on the matter in two weeks, while allowing the preliminary plat to proceed on the Planning Commission agenda.

SECOND: The motion was seconded by Council Member Bunker.


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Community Development Director Bob Nicholson explained that the next City Council meeting is July 7.

Assistant City Engineer Jay Sandberg commented that the preliminary plat could be considered at the same meeting.

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

Mayor McArthur clarified that the City Council found there was a significant change. He then called for a five minute break.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendments to the City Code regarding signs.

Community Development Director Bob Nicholson explained that the proposed changes are merely a tune-up to the current code. He then reviewed the proposed changes.

Council Member Orton inquired if major commercial streets could be added as needed.

Mr. Nicholson replied that they could be added as needed. He explained that a weakness in the current code was that the City did not have much to promote attractive signage, and guidelines in the past have been ignored. He explained that the Sign Review Board could grant minor variances where needed.

Mayor McArthur opened the public hearing.

Ray Draper, representing YESCO sign company, explained he felt presentation of a proposed ordinance was shortsighted on staff?s part without informing the sign companies and allowing them an opportunity to critique the proposed changes. He stated that while he was not against monument signs, they are difficult to see and should not be used on every street. He expressed concern with other proposed changes to the ordinance. He stated there were too many problems with the proposed changes and the City Council should not take any action on it at this time.

Mike Hamblin, representing Rainbow Sign, explained that the proposed requirement limiting animation on electronic message boards to four seconds was not short enough, and one second is long enough. He expressed concern there was no allowance for developing commercial areas, and there were several discrepancies in the proposed ordinance.

Lorri Puchlik, representing the St. Georg Area Chamber of Commerce, stated that additional time was needed for input. She suggested that requirements for non-conforming signs be made more restrictive. She suggested that input be taken though August.

Dave Clark commented that the need for signage to draw attention to businesses is vital, and suggested that the group who composed the changes was too narrow a group.

Mayor McArthur closed the public hearing.

MOTION: A motion was made by Council Member Gardner to table the matter until the first City Council meeting in September.

SECOND: The motion was seconded by Council Member Allen.

Council Member Whatcott inquired about the possibility of invoking the pending ordinance doctrine in the interim.

AMENDED MOTION: A motion was made by Council Member Orton to table the matter until the first meeting in September, and in the interim the provisions of the proposed ordinance would apply

CLARIFY MOTION: Council Member Whatcott clarified the motion to include the stipulation that an applicant would have the right to bring the matter to the City Council for review.

SECOND: The clarified motion was seconded by Council Member Orton.

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

Council Member Allen directed staff to provide them with regular updates on anything discussed with regard to this issue.

Community Development Director Bob Nicholson advised that he would make copies of the draft ordinance and distribute them to the sign companies and others for recommendations. The Chamber could also organize forums. Comments can be gathered in about six weeks, at which time they will be taken to the Sign Review Board for their comments, and then forwarded to the City Council.

Council Member Whatcott suggested that meetings between the Sign Review Board and businesses and those in the public sector he held.

Lori Kozinski commented that the Sign Review Board is made up of five members, three of whom are slanted toward smaller, artistic signs. More input is needed from the retail community.


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PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amending the City Code by designating a land use authority and other modifications to comply with state statute.

Community Development Director Bob Nicholson explained that a new law incorporates case law into the statute and creates more flexibility in the administrative appeals process. One of the things it has mandated is that all subdivisions are now required to have a public hearing. Staff suggests notices be mailed to adjacent property owners within 300'. The applicant will be asked to provide mailing labels.

Mayor McArthur suggested the property also be noticed.

Mr. Nicholson replied that they no longer post the property. He stated that the biggest change deals with conditional use permits and now requires cities to set standards for conditional uses, and if the conditions can be met, then the city is obligated to approve the conditional use request. The question is whether a time limit can be put on a conditional use permit. A land use applicant is entitled to approval if the application conforms to the ordinance in effect when the complete application is submitted; however, the applicant cannot let the project go dormant for a long period of time. The proposed ordinance designates the City Council as the land use authority, and the board of adjustment as the appeal board.

Mayor McArthur opened the public hearing.

Doug Rogers recommended that public hearings for new subdivisions be held by the Planning Commission.

City Manager Gary Esplin replied that the applicant would still have to come to the City Council for final plat approval, and having the Planning Commission hold the public hearing would not save time.

Council Member Orton commented that the City Council is the decision-making body, and out of the fairness to the public, they should hold the public hearing.

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

MOTION: A motion was made by Council Member Whatcott to designate the City Council as the land use authority, the Board of Adjustment as the appeal authority, and all other modifications as proposed by the ordinance.

SECOND: The motion was seconded by Council Member Orton.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amending the City Code to address the setback location of privacy walls from the sidewalk in order to utilize the ten foot utility easement along the public street.

Associate Planner Mark Bradley remarked that the City?s current ordinance provides for a 4' separation between a privacy wall and sidewalk, but there is a 10' utility easement which the utility companies are not able to use because walls, fences and landscaping have been built over the easement. 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 ordinance.

SECOND: The motion was seconded by Council Member Orton.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/RESOLUTION:
Public hearing to consider adoption of the 2005-2006 fiscal budget for the City
and
Public hearing to consider changes to the 2004-2005 fiscal budget for the City

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

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder explained that the applicant, Furniture Row Companies, would like site plan and building elevation approval for a proposed home furnishings facility along the I-15 freeway corridor. The project will consist of a 54,000 sq. ft., single story retail center consisting of four national home furnishing retail businesses. The ridge height of the roof of the center bay is proposed to be 42'2", the mid point of the upper roof will be 37'1", and the mid point of the entire roof will be 30'1". The building exterior will consist of several material themes, including wood, glass, metal, timbers, rock, etc., but the majority of the building as proposed is painted corrugated metal. The Planning Commission recommended approval subject to the following conditions:

1. Use of corrugated metal siding on all sides shall be eliminated and replaced with an alternate material acceptable to the City Council.
2. Building height shall not exceed 42'2".
3. Street trees shall be installed on Sunland Drive and along the I-15 freeway frontage per ordinance.
4. The trash collection and loading docks shall be screened from Sunland Drive.
5. Project design, materials, and colors shall conform to that as approved at the June 16, 2005 City Council meeting.
6. A maximum illumination level of 4.8 candles is permitted per the photometric plan as presented at the June 14, 2005 Planning Commission meeting.

Richard Morean, representing Furniture Row Companies, explained that the proposed building is similar to 10-12 buildings around the country. The C-3 zone does not preclude use of the corrugated metal, and the company would prefer to use this material in order to be recognizable. Additionally, more than 50% of the facade is of alternate materials. He inquired if the City Council shared the feelings of the Planning Commission that the corrugated metal should not be used.

Mayor McArthur commented that it was important there was not an industrial look through the middle of the community along the I-15, as the south interchange is developing as a business district.

Mr. Morean remarked that alternate materials are expensive, but he would work with the City.
He then asked for approval to use architectural stucco panels instead of the corrugated metal.

MOTION: A motion was made by Council Member Allen to approve the site plan and building elevations subject to the recommendations of the Planning Commission and with use of the architectural stucco panels instead of the corrugated metal.

SECOND: The motion was seconded by Council Member Bunker.

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

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder explained that the City Council previously approved a height of 32' for the Cadillac and Chevrolet dealership at the corner of Black Ridge Drive, 1700 South, and Hilton Drive. It has since been determined that although the bulk of the building?s height is at 32 feet, there are portions that exceed this. There is a parapet that is 43 feet high, and staff would like to make sure the City Council is aware of this.

LOT SPLIT:
Assistant Planner Ray Snyder explained that the Planning Commission recommended approval of a lot split for property located south of Lot 20, Tamarack Ridge Phase 4.
MOTION: A motion was made by Council Member Gardner to approve the lot split.

SECOND: The motion was seconded by Council Member Whatcott.

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

FRANCHISE AGREEMENT:
Consider approval of a provisional franchise agreement with TriAxis allowing them to use City rights-of-way in Sun River.

City Manager Gary Esplin recommended approval with a 5% franchise fee to be charged to the applicant.

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

SECOND: The motion was seconded by Council Member Allen.

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

APPEAL OF SHADE TREE REQUIREMENTS:
Consider an appeal of shade tree requirements. Jeff Calegory, applicant.

City Manager Gary Esplin explained that the applicant would like to remove trees along his frontage on Bluff Street to improve visibility to his motel sign. His request was denied by the Shade Tree Board.

Greg Hardman, an attorney representing the applicant, distributed a packet and reviewed it with the City Council. He explained that the controversy was over 12 overgrown mulberry

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trees which hide the sign to the applicant?s building. Mr. Calegory made an appointment in April to meet with the Shade Tree Board to discuss the matter, but when he arrived the meeting was canceled because there was not a quorum. Mr. Calegory then received an e-mail from the City Forester advising him that his request was denied. Under these circumstances, there is a due process problem. Mr. Calegory has received many complaints from patrons about the difficulty of finding his business. The trees are also a safety hazard.

Mayor McArthur suggested that the tree canopy be raised and the trees shaped and trimmed. He inquired if there had been any attempt to work out a compromise.

Mr. Hardman replied that the trees are planted in one solid row and because of their growth and the foliage, they act as a wall. He suggested that perhaps there could be removal of some and pruning of others. He advised there were ambiguities in the shade tree ordinance. The property on which the trees are located is private property, not public property, and the shade tree ordinance is not applicable to this situation. He stated that the trees could be replaced with other types of trees and plants as allowed in the ordinance.

Community Development Director Bob Nicholson advised that the shade tree ordinance has been in effect for 10-15 years.

City Manager Gary Esplin remarked that staff would love to work out a compromise with Mr. Calegory, but Mr. Calegory wanted removal of all the trees, not only those on his property but those on adjacent property, which was extreme.

Mr. Calegory, applicant, commented that he was being discriminated against, as his sign cannot be seen, and there are major safety issues for the public. Mr. Calegory inquired why he was the only one with shade trees.

Mr. Esplin replied that the nearby commercial center had shade trees, as did Anderson Lumber. Additionally, any new business is required to have them. He reminded Mr. Calegory that he purchased the property with the shade trees in place.

Mr. Calegory again commented that this was a discrimination issue, that the trees are a renewable resource and could be replanted, and without them he still meets the requirements of the ordinance.

Mr. Esplin advised Mr. Calegory that without the trees, he would not meet the requirements of the shade tree ordinance.

Council Member Gardner commented that from his perspective the signage could be placed in a more appropriate location where drivers could see it, or the pole sign could be replaced with a monument sign. He stated there did appear to be a problem with the trees, but perhaps with pruning and removal of a few, this could be remedied. He stated it would be foolish to remove trees that take 25-30 years to grow to maturity.

Mr. Calegory stated he did not want a monument sign; he wanted a pole sign.

Mr. Orton advised Mr. Calegory that he would have to compromise, as there was no way the City was going to allow him to remove all the trees.

Mayor McArthur commented that the City would first make sure it was on legal ground and could legally apply the shade tree ordinance on private property.

Mr. Hardman commented that because of problems with the shade tree ordinance, the City may not be able to enforce it.

Deputy City Attorney Ron Read remarked that he would look at the ordinance.

Council Member Whatcott commented that there is a tremendous problem on the site which was created when the trees were planted so closely together, while other motels spaced theirs out for good visible access. He suggested that the parking lot could be reconfigured to provide locations for shade trees and landscaping while creating visibility for the sign. He stated that the applicant would not be able to cut down the trees and replace them with five gallon trees, but there might be the ability to plant approved shade trees in other locations to offset removal of some of the mature trees.

Mr. Hardman advised that previously there was no willingness on the part of the City to consider removal of some of the trees or placing them in other locations, only to do something with the sign.

City Manager Gary Esplin replied that Mr. Calegory was asked to come up with a compromise plan, but he was unwilling to consider anything other than removal of all the trees in front of his location and Anderson Lumber?s as well.

Mr. Calegory expressed his displeasure with the Shade Tree Board.

Council Member Gardner replied that the Shade Tree Board provides a valuable service for the community, and remarked that the City Council is saying that it is willing to look at alternatives.

Mayor McArthur commented that Mr. Calegory needed to work through the process, and another meeting should be scheduled with the Shade Tree Board to work out a compromise.

Council Member Whatcott commented that Mr. Calegory?s motel may be one of the most unattractive in St. George because of its lack of landscaping in the parking lot and the way it
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was designed. It would behoove the City to make an attempt to do something to help this situation and thereby beautify the City, however, leveling all the trees is not the answer.

Council Member Bunker commented she felt the trees needed to be pruned and the canopy raised, but the trees provide shade for the parking lot and beautify the area.

Mr. Calegory again stated that he was being discriminated against.

Mayor McArthur remarking that the City Forester would be directed to meet with Mr. Calegory on site and see if a compromise could be worked out.

Mr. Hardman advised that his client would not be opposed to removal of some of the trees.

Mayor McArthur replied that the requirements of the shade tree ordinance had to be met.

Council Member Gardner suggested that perhaps the combination of removal of some of the trees and moving the sign might help as well.

MOTION: A motion was made by Council Member Gardner to deny the request to remove all the trees, recognizing there is a problem, and directing the City Forester and Shade Tree Board to meet with Mr. Calegory on site to work out a compromise. If there is still disagreement, the matter will be brought back to the City Council.

SECOND: The motion was seconded by Council Member Whatcott.

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

Council Member Whatcott advised that he would also meet on site with Mr. Calegory, the City Forester, and the Shade Tree Board.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for a grant to resurface taxiways A and B.

City Manager Gary Esplin recommended approval, advising that 90% of the cost would come from a UDOT grant, with a 10% local match.

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

SECOND: The motion was seconded by Council Member Bunker.

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

AGREEMENT:
Consider approval of an engineering, procurement and construction agreement with Arnell-West for the proposed Skyline Drive office facility.

City Manager Gary Esplin explained that there is need for additional space for the Water and Energy Services Departments. They will build a joint facility at the water and power yard on the red hill. Approval of an agreement in the amount of $1.7 million will allow staff to work with Arnell West to construct the office facility.

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

SECOND: The motion was seconded by Council Member Orton.

Deputy City Attorney Ron Read suggested that approval be made subject to legal review of the agreement.

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

AGREEMENT:
Consider approval of an asset purchase agreement with Pacificorp.

City Manager Gary Esplin explained that staff has been working with Pacificorp to allow the City to purchase existing infrastructure to serve the Ledges area. The agreement is in the amount of $54,087.

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

SECOND: The motion was seconded by Council Member Whatcott.

Deputy City Attorney Ron Read suggested that approval be made subject to legal review of the agreement.

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

RESOLUTION:
Consider approval of a resolution adopting the 2005-2006 fiscal budget for the City.

City Manager Gary Esplin reviewed changes to the proposed 2005-2006 fiscal budget.

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

St. George City Council Minutes
June 16, 2005
Page Ten

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 Gardner - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.
SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a Rock?n on Main Street celebration to be held July 4. Retail Association Downtown, applicant.

City Manager Gary Esplin advised that staff recommends approval. He would, however, ask that any motion for approval be made subject to making certain the Police Department has reviewed and approved the plan.

Marc Mortensen, Assistant to the City Manager, suggested that approval also be made subject to the applicant making sure that every vendor provide proof of insurance naming the City as an additional insured. Typically, an event of this type would have its own insurance.

An unidentified woman explained that each vendor will be required to sign something that says the City will not be responsible and they will have to carry their own insurance.

Deputy City Attorney Ron Read stated that if the vendors are required to be insured and had an agreement through business licensing and sign an indemnification, staff will work with them to get the indemnifications resigned.

City Manager Gary Esplin explained that last year the City was a co-sponsor of the event, and perhaps the City could again be a co-sponsor of the event to solve the insurance problem.

An unidentified woman announced that each year a charity is chosen for donation of funds raised through the event, and this year funds will be given to help revitalize the top floor of the community arts center.

Mr. Mortensen inquired who would be responsible for traffic control.

City Manager Gary Esplin replied that if the City was a sponsor, it would assist with traffic control.

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

SECOND: The motion was seconded by Council Member Gardner.

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

City Manager Gary Esplin clarified that the City would be a co-sponsor of the event.

RESOLUTION:
Consider approval of a resolution amending the 2004-2005 fiscal budget.

City Manager Gary Esplin reviewed adjustments to the current fiscal budget.

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

The vote was unanimous and the motion carried.

ADJOURN TO REDEVELOPMENT AGENCY MEETING:
MOTION: A motion to adjourn to a Redevelopment Agency meeting 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.

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

SECOND: The motion was seconded by Council Member Orton.

St. George City Council Minutes
June 16, 2005
Page Eleven

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

AMEND MOTION TO ADOPT 2005-2006 FISCAL BUDGET:
City Manager Gary Esplin advised that an amended motion to adopt the 2005-2006 fiscal budget was needed to include $6,500,000 in the flood repair budget.

MOTION: A motion was made by Council Member Whatcott to adopt the 2005-2006 fiscal budget with the changes recommended by the City Manager.

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

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

MOTION: A motion was made by Council Member Orton 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.

CLARIFICATION:
Doug Rogers remarked that he would like to clarify that the preliminary plat referred to earlier in the meeting for Foremaster Ridge had been submitted for a zone change, and the water line and road should not be based on that exhibit.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Whatcott to adjourn to an executive session to discuss a purchase of property and possible sale of property.

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
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene regular meeting was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Allen.

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

MISCELLANEOUS:
Mayor McArthur advised that he met with Mike Hughes who purchased the AGEC building off of Black Ridge Drive in 1996. A main water line broke and flooded the property, and Mr. Hughes? costs were about $80,000 as a result. He knows the City has immunity and is under no obligation to assist with the cost, but he apparently had an agreement with staff that when the SID assessment was made on the property, he would get some relief. He is asking for $25,000 to offset his assessment, plus interest. Mr. Hughes in the past has donated property in several different locations to the City and has always cooperated with the City when asked. After discussion, it was the consensus to research the matter and get back to Mr. Hughes.

City Manager Gary Esplin explained that the City has a very difficult time obtaining bids due to the construction climate, and when it does, they are twice the estimate. July 7 is the scheduled opening of the dinosaur museum, and a wall and landscaping still need to be completed at a cost of $50,000. He recommended that the City complete the project without bidding in order to have it ready for the opening on July 7. It was the consensus of the Mayor and Council to complete the remainder of the project without bidding.

Plans for the downtown plaza block were discussed.

ADJOURN:
MOTION: A motion to adjourn 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.


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Gay Cragun, City Recorder