City Council Minutes

Thursday, August 4,2005



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


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

EXCUSED:
Council Member Suzanne Allen

OPENING:
The Mayor called the meeting to order, welcomed all present and led those present in the pledge of allegiance. The invocation was offered by Dennis Dixon.

Before calling the meeting to order, Mayor McArthur spoke briefly about a visit he made to the Cosmopolitan Restaurant in Leeds. He explained that he met the new Chef and impressed with the man?s level of commitment to the community. Mayor McArthur encouraged those present to continue to support local businesses especially during the reconstruction of the Boulevard.

Although they were not present, the Mayor recognized the efforts of a St. George baseball team whose 9 year-old players are playing Guam in their world series.

Allen Briggs, a County Fire Warden from Washington County, wanted to publicly thank the St. George Fire Department and all of its members for the help they provided with the recent fires. He said that the Virgin River Fuel and Fire Plan has been finalized and is in the final review process with the State. Mr. Briggs also expressed his thanks to Barry Barnum and the Water and Wastewater Department for their help with the Type 2 Incident Management Team from the Great Basin.

AWARD OF BID:
Consider award of bid for the SCADA system certified upgrade.

Purchasing Agent Sue Swensen explain and upgrade. City Manager Gary Esplin said that there are several SCADA systems in the ed that Lectrol Services Inc. was the only certified source for current equipment City and this is a continuation to tie them all together and upgrade them.

Rod Carter explained that the challege with the computer systems is that different manufacturers handle different components. He said that Lectrol negotiated with HP and ACS on the City?s behalf and reduced the cost from $170,000 to $109,000. Most of the cost is support and software issues and includes a full year of tech support and a satellite clock that synchronizes all of our SCADA systems together time-wise.

MOTION: A motion was made by Council Member Larry Gardner to award the bid to Lectrol Services Inc. with the stipulation that it be reviewed by the IT Department.
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 purchase of two trucks for the Building Division.

Purchasing Agent Sue Swensen explained that the local vendor was within 5% of the non-local but the local vendor was unable to meet the bid at this time. Therefore, the recommendation is that the bid be awarded to Butterfield Ford in the amount of $31,090.

MOTION: A motion was made by Council Member Rod Orton to approve the bid in the amount of $31,090.
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 the 2005 road reconstruction project.

Purchasing Agent Sue Swensen recommended that the bid be awarded to the low bidder who is Western Rock Products in the amount of $819,316. City Manager Gary Esplin explained that there are 2 major reconstruction projects and this bid will cover about half of the total. There will probably be another $166,000 that will be needed to complete the projects but at that time change order will be requested.

MOTION: A motion was made by Council Member Larry Gardner to approve to the low bidder.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


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August 4, 2005
Page Two

AWARD OF BID:
Consider award of bid for a 10-wheel dump truck.

Purchasing Agent Sue Swensen advised that the bid will be a purchase off of the State Contract with Lake City International. Ms. Swensen was advised that the actual cost would be $86,400 and not $100,000.

MOTION: A motion was made by Council Member Larry Gardner to approve the purchase.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for pump stations for the reuse system.

Purchasing Agent Sue Swensen recommended the award of the bid go to Weyher Construction in the amount of $2,047,775. There was a request to meet the bid by Cindy Taylor Trucking but they have withdrawn that request.

MOTION: A motion was made by Council Member Bob Whatcott to approve to the award to Weyher Construction for $2,047,775.
SECOND: The motion was seconded by Council Member Larry Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Barnum explained that this was the final link in the chain to complete the reuse system. With the notice of award everything will be sent to the Bureau of Indian Affairs and it will complete all of the requirements for getting the federal funding for the project.

AWARD OF BID:
Consider award of bid for T-shirts for the 2005 marathon.

Purchasing Agent Sue Swensen recommended the award go to Nordic Track even though they weren?t the low bidder. She explained that the quality of the material and workmanship was superior to the other products. Mr. John Bradley from Leisure Services said that Nordic Track was able to offer a shirt with either 3 or 4 colors, with cuffs for a total of $35,441.

MOTION: A motion was made by Council Member Bob Whatcott to award the bid to Nordic Track for $35,441.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for specialized testing equipment for relay testing.

Purchasing Agent Sue Swensen explained that this is a sole source purchase and recommended approval to Doble Power Systems in the amount of $55,855.

MOTION: A motion was made by Council Member Rod Orton to approve the purchase.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND AND EXTEND PLAT
Public hearing to consider a request to amend and extend the final plat for Bloomington Ranches Phase 2 by extending Lot 27 east of the existing phase boundary and dividing Lot 27 into two lots. Richard Ringwood, applicant.

Associate Planner Ray Snyder explained that Lot 27 is between Pioneer Road and Nashua Road. The applicant would like to split it in half and create Lot 27a and 27b. Mr. Snyder pointed to a knoll in the back of the property. The applicant wants to add the knoll into Lot 27 before splitting the lot. The request has been discussed at Planning Commission meetings on June 14th and June 28th. At the June 28th Planning Commission meeting there were 2 voices of opposition from local home owners in Bloomington Ranches that had concerns about the knoll being removed. The Planning Commission is bringing it forth to the City Council and does recommend approval.

Mr. Snyder explained that it was his understanding that the applicant had purchased the property and that they wanted to add the knoll to the existing lot before splitting it. Since there wasn?t 100% consensus from the nearby property owners the applicant was going through the amendment plat process. City Manager Gary Esplin stated that that process requires a public hearing.

Mayor McArthur opened the public hearing.

Dexter Reese stated that he lives on Nashua, Lot 20 and he represents the property owners around the lot. He said that to his knowledge there is 100% opposition. They are opposed to having the knoll removed since it is a natural sound barrier for the freeway and that the subdivision was planned for the larger lots. Mr. Reese requested that the council not approve the amendment.


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August 4, 2005
Page Three

City Manager Esplin said that the typography of the subdivision was built around the existing terrain and to change that to get 2 lots, would be a bad precedent to set in that particular subdivision.

Mayor McArthur closed the public hearing. He asked for other discussion by council or action.

MOTION: A motion was made by Council Member Bunker to deny this request.
SECOND: The motion was seconded by Council Member Rod Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Gardner - aye
Council Member Bunker - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the request was denied.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Foremaster Ridge Phase 4.

Mayor McArthur opened the public hearing to consider approval of the Foremaster Ridge Phase 4 preliminary plat.

Associate Planner Ray Snyder explained the request is to create a subdivision phase with a total of 61 single-family residential lots. The applicant is requesting 50 ft. public rights-of-ways. The location of where the 60 ft. public right-of-way would taper to a 50 ft. right-of-way is part of the plat consideration. Staff recommends approval subject to: (1) one of the center cul-de-sac as identified as either cul-de-sac ?B? or ?C? extend to connect Crest Line Drive and East Ridge Drive, (2) the location of the 60 ft. to 50 ft. right-of-way taper take place north of the applicants property at the future east/west intersection, and (3) allow a stacked rock wall (lava rock) on top of the abrupt edge (lava rock) similar to what was allowed for Foremaster Phase 3.

Todd Edwards, Bush and Gudgell Engineering, recommended that the road should change from 60 foot to 50 foot at the road that goes east and west above the subdivision.

Steve Day, R&D Development, explained that they intend to have the rock wall consistent with the way it looks in phase 3.

Warren Wilson, a resident who lives on East Ridge, stated that he thinks the proposed subdivision will result in traffic issues on East Ridge Road.

John Voss commented that he lives on Crest Line Drive and was in favor of this plan being presented.

Mayor McArthur closed the public hearing.

Council Member Bob Whatcott said that he liked the uniform type of walls and that it would look more like the abrupt edge. Doug Rogers, R&D Development, explained that the wall would be moved back a short distance from the abrupt edge in order to ensure stability.

MOTION: A motion was made by Council Member Larry Gardner to approve this request with the wall being as proposed, 4 ft. back from the edge maximum 8 ft. tall and are treated to look like original rock.
SECOND: The motion was seconded by Council Member Bob Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Gardner - aye

The vote was unanimous and the request was approved.

PUBLIC HEARING/PRELIMINARY PLAT:
Public Hearing to consider approval of the preliminary plat for Tonaquint Valley.

Associate Planner Ray Snyder explained that the request is to create 111 single family residential lots. The Planning Commission recommends approval subject to review of a traffic study.

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

MOTION: A motion was made by Council Member Larry Gardner to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Gail Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Gardner - aye
Council Member Bunker - aye

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August 4, 2005
Page Four

Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the request was approved.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Holt Subdivision.

Associate Planner Ray Snyder explained that this is a proposal to create 10 lots in the area. The Planning Commission recommends approval by the City Council. City Manager Gary Esplin asked about the position of the road. He stated that it showed the road going into the next piece of property.

Steven Holt, applicant, stated that he had originally planned a cul-de-sac but City staff recommended a knuckle to connect with the other adjacent property.

Mayor McArthur opened the public hearing.

Sally Osness stated that she owned the adjacent property. She said that she was not opposed to having the road stop at the end of the applicant?s property and not come on her property.

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

MOTION: A motion was made by Council Member Rod Orton to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Gail Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Gardner - aye

The vote was unanimous and the request was approved.

PUBLIC HEARING/AMEND ZONE AND REVISE SITE PLAN
Public hearing to consider a request to amend the Sienna Park Condominium portion of the Stonebridge Planned Development zone at 271 N. Country Lane (west of Dixie Drive) to revise the site plan and building elevations. Richard Staples, applicant.

Associate Planner Ray Snyder explained that one of the reasons for the proposed change is the design of existing buildings and the associated parking. The design of the phase 1 covered parking garages does not function very well and the applicant wishes to improve the overall internal circulation. The original approved building height was for two stories with 70 dwelling units. The proposed building elevations and site plan shows a combination of two and three story units. The layout is very similar to the 2004 proposal with adjustments to the number of units within the building cluster and the location of some of the three story units. Mr. Snyder said that according to the applicant, Brian McMullin, there is a setback agreement along the north property line with the city, which allows the buildings to be closer to the property line based on an easement/maintenance agreement between the council and developer. There were no persons in opposition at the Planning Commission meeting but since that time the City Planning Department has received calls from property owners within the Blackrock Condominium project expressing their unhappiness with having the meeting held during the summer while many of the residents are out of town.

The Planning Commission recommends approval to amend the zone and revise the site plans subject to the City Council clarifying the setback requirements for the buildings along the north property line.

Council Member Gail Bunker asked if the difference between last year?s proposal and this one was the three story from two story on the higher level. Rick Rosenberg stated that the existing buildings were all two story but they are allowed to go 35 ft. high. Council Member Bunker pointed out that the elevation was higher where the buildings were being proposed and Mr. Rosenberg acknowledged that was true. He explained that they would be excavating and would lower the area a minimum of 3 ft. The first unit would only be 21 ft. high with lowering it into the ground.

In response to concerns about how the view would be effected by the building elevations, Mr. Rosenberg pointed to photos taken from 3 different locations on the Blackrock Condominiums. All the view shots were pointed at Snow Canyon which is directly north of the site. He explained that the red line on the photos is the 35 ft. elevation and the yellow line is the 24 ft. elevation. He said that everything being proposed would be under the 35 ft. line. The red line showed the elevation of where they could build given the 35 ft. height restriction. The yellow line is the height limitation line for where they are intending to go to with the new proposal.

Council Member Whatcott requested confirmation that the proposed yellow line would be the two story that Blackrock would be looking at. Mr. Rosenberg stated that it is the two story that would be facing them in the back and it is the total height. He said that the three story comes up slightly higher. He explained that they have taken a 35 foot building

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August 4, 2005
Page Five

and put it 3 ft. into the ground so the line of that building would be 3 ft. below the red line.

Mr Rosenberg explained that the new proposal is much more user friendly to vehicles. The parking is all perpendicular to the building instead of parallel. The inside is more open and gives more access to emergency vehicles. He said they will also focus on an appropriate transition down to the golf course and the lava.

The Mayor declared the public hearing open.

Loretta Adams, lives in Unit 4. She was opposed to the taller buildings and expressed concerns about decreased property values, loss of view, traffic safety and water issues.

Paul Love, lives in Unit 7 of Blackrock. Mr. Love asked what the existing height is on the Sienna Park Condos. Mr. Rosenberg answered that the overall height is about 32 ft.

Mayor McArthur explained that the height of the building is already stipulated by ordinance and doesn?t depend on whether it?s one story or three. He also explained that the density is approved because of zoning.

Karen Staunt, lives in Unit 5 of Sienna. She stated that she felt the proposed plan fits in with the community and homes that are on Country Lane. It fixes the problem with the parking and the 3rd story building will improve the traffic flow around the site and the shorter buildings will not be as intrusive on the golf course. She said she believed the fire trucks and emergency vehicles will have better access than the way it?s set up now. Ms. Staunt said that she met with other residents and their concerns are if the developer can?t finish the project, the 10 units that are there now will continue to have to carry the burden of the expense that should be spread over 70 units. She told the council that she liked the plan and requested that they consider it.

Mayor McArthur asked for other comments. Seeing none he closed the public meeting.

Mr. Rosenberg explained that the sidewalks will be constructed as part of the project around County Lane. The section in between Wailea Falls and the Santa Clara City limits is under construction now and the goal is to have that finished when the new school opens.

Council Member Larry Gardner asked Mr. Rosenberg to address the request to have the three story building changed back to a two story building. Mr. Rosenberg stated that it was due to economics. They?ve tried to open the inside up and free up some space for access and garages. It also frees up more open space.

Council Member Bob Whatcott said that he recognizes the reason for wanting a three story because of maintaining density but he personally is opposed to going to three stories.

He stated that nothing has addressed the issue from the north side looking back at Sienna where the major effect is on the golf course. He said that on No. 8 of Blackrock, where it transitions from 2 stories to 3 stories, that it looks like a hotel/motel complex right up against the course.

City Manager Gary Esplin asked Mr. Rosenberg what the distance was from the cart path to the poles. Mr. Rosenberg said that the closest point compares to the distance between the tee box and the building which is about 60 ft. As it goes away from the championship tee it increases to approximately 100 feet. Mr Esplin stated that the distance on number 8, where the tees are, is closer than that. Mr. Rosenberg acknowledged that there are tee boxes that are 20 feet or closer to the back of the unit.

MOTION: A motion was made by Council Member Rod Orton to delay the request for two weeks until the Mayor and Council Members can go out to look at the site.
SECOND: The motion was seconded by Council Member Gail Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Gardner - aye

The vote was unanimous and the request was delayed until the Mayor and Council Members visit the site.

The site visit was scheduled for Thursday, August 11, 2005, at 3:30 p.m.

PUBLIC HEARING/ZONE CHANGE
Public hearing to consider a zone change from A-1 to R-1-12 on 6.35 acres located at approximately 1200 South and 3000 East. Larry McEntire, applicant.

Associate Planner Ray Snyder explained that the Planning Commission recommends approval for a zone change on the 6.35 acres. The zoning is consistent with the general plan which allows 4 dwelling units per acre and with the area.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.
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August 4, 2005
Page Six

MOTION: A motion was made by Council Member Rob Orton to approve the zoning change.
SECOND: The motion was seconded by Council Member Bob Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Gardner - aye

The vote was unanimous and the request was approved.

VARIANCE TO SIGN CODES
Consider approval of two variances to provisions of the pending sign code: (1) Stephen Wade Auto on Hilton Drive; and (2) Desert Coach RV at 1100 E. Tabernacle.

Enforcement Officer Brad Young mentioned that there was a field trip by the council to the two locations. The first project is the Stephen Wade Auto Complex. The applicant is asking the City Council to allow two pole signs on 1700 S. The proposed signs are a 24-foot tall Nissan Trucks sign and a 36-foot tall Acura sign. Mr. Young discussed the
following options: deny the applicant?s request; designate 1700 S. as a major commercial street; or, grant a variance for the two requested signs based on cause and perhaps with conditions attached.

Discussion revolved around the intent of the sign code and how to accommodate the businesses that are close to the freeway even though their signs are not on major commercial streets. City Manager Gary Esplin said he felt that in theory the proposed sign was better than if they decided to put a sign on the corner and make it higher. Because the sign would be lower than Blackridge Drive, it wouldn?t give the appearance that it would be out of line.

MOTION: A motion was made by Council Member Larry Gardner that a variance on the two signs be granted.
SECOND: The motion was seconded by Council Member Bob Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr Young said that Desert Coach RV was also requesting a variance in the sign code. The council members discussed by lowering the sign to 40 ft. it would still be seen from all directions without being too obtrusive. Council Member Larry Gardner felt that the focus should be on the fact that the sign is within 1500 ft. of the exit of the freeway.

Todd Call, applicant, said since they had the sign built before the new sign code ordinance was approved, the variance should be approved.

MOTION: A motion was made by Council Member Larry Gardner to grant the variance.

The Mayor called for a second to the motion but there was none. There being no second, the motion died.

MOTION: A motion was made by Council Member Bob Whatcott that the variance be approved at 40-feet.
SECOND: The motion was seconded by Council Member Gail Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL FOR FINAL PLAT
Consider approval of a final plat for Tonaquint Terrace Phas 2 with 65 signle-family residential lots located at 2270 South and 1340 East, west of Tonaquint Drive. Quality Development, applicant.

Associate Planner Ray Snyder discussed the final plat for Tonaquint Terrace Phase 2 with 65 single-family lots. The zoning is R-1-10, the review is complete and all signatures obtained by staff. The Planning Commission recommends approval.

MOTION: A motion was made by Council Member Bob Whatcott to approve and authorize the Mayor to sign.
SECOND: The motion was seconded by Council Member Rod Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.


REQUEST FOR TEMPORARY PARKING
Consider approval of a request for temporary RV parking on unimproved property adjacent to the Temple View RV Park during the World Senior Games. Jim McArthur, applicant.

City Manager Gary Esplin explained that this is a request for temporary RV parking for approximately 2 -3 weeks during the Senior Games.

Ira McArther, Temple View RV Resort, explained that this request was to accommodate participants during the Senior Games and have them closer to the events. Mayor McArthur clarified that this was on the gravel area which is zoned C-2 and C-3.


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August 4, 2005
Page Seven

MOTION: A motion was made by Council Member Larry Gardner to grant the approval of the request for temporary RV parking on the unimproved property adjacent to the Temple View RV Park for a 2 -3 week period during the Senior Games.
SECOND: The motion was seconded by Council Member Bob Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held July 14, 2005.

MOTION: A motion was made by Council Member Bob Whatcott to approve the
SECOND: The motion was seconded by Council Member Gail Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ADJOURN:

MOTION: A motion to adjourn was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.




Judith Mayfield, Deputy City Recorder