City Council Minutes

Thursday, June 2,2005



City of St. George Council Meeting
Regular Meeting
June 2, 2005, 4:00 PM
City Council Chambers Room

PRESENT:
Mayor Protem Gardner
Council Member Allen
Council Member Bunker
Council Member Orton
Council Member Whatcott
City Attorney Shawn Guzman
City Manager Esplin
Deputy City Recorder Ren? Fleming

EXCUSED
Mayor Daniel McArthur

Motion:
Council Member Orton made a motion to designate Council Member Gardner as Mayor Protem.
Second:
Council Member Allen seconded the motion.
Vote:
All voted aye, motion carried

Opening
Administrative Department Director Vincent led pledge of allegiance; City Attorney Guzman offered the invocation.

Bid Openings
Consider award of bid for crack sealing, seal coat and striping.

Purchasing Agent Swensen indicated two bids were received and recommended the bid be awarded to Gordon paving in the amount of $56,533.11.

Motion:
Council Member Orton made a motion to award the bid to Gordon Paving in the amount of $56,533.11.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried

Consider award of bid for the Dinosaur Discovery Site concrete wall.
Purchasing Agent Swensen reviewed the three bids and recommended the bid be awarded to Syphus Construction in the amount of $28,090.00.

Motion:
Council Member Whatcott made a motion to award the bid to Syphus Construction in the amount of $28,090.00.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried

Consider award of bid for repeater components for the Webb Hill Repeater project.
Purchasing Agent Swensen indicated this purchase is through the state contract and is for the Webb Hill repeater. The vendor is Walker Associates in the amount of $25,607.82.

Deputy Chief Peck explained the project will move the repeater from the Black Hill, eliminating a lot of the dead spots through out the City. There will be four ?voter? sites through the City, providing complete radio coverage for police, fire and medical calls. The bid is for the components for Web Hill and the four other sites.
Council Member Allen asked regarding the difference between items 2C and 2D.
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June 2, 2005
Page Two

Deputy Chief Peck indicated one vendor is Motorola and the other is Walker Associates.

Motion:
Council Member Orton made a motion to award the bid to Walker Associates in the amount of $25,607.82.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried

Consider award of bid for repeater components for the Webb Hill Repeater project.
Purchasing Agent Swensen indicated this purchase is through the state contract for the same project as above. She recommended the bid be awarded to Motorola in the amount of $48,362.00.

Motion:
Council Member Bunker made a motion to award the bid to Motorola in the amount of $48,362.00.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried

Consider award of bid for AB B reclosers, control cable and test switches for the Ledges substation.
Purchasing Agent Swensen explained this is a sole source purchase from Codale in the amount of $34,000.00.

Motion:
Council Member Orton made a motion to award the bid to Codale in the amount of $34,000.00.
Second:
Council Member Whatcott seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried

Consider award of a change order to the contract with Rosenberg Associates for the Millcreek power station project.
Purchasing Agent Swensen indicated the change order is for $10,000

Council Member Allen asked why is there is a change order so early in the project.

Rick Hansen explained the original amount of the contract was to be $20,000. He explained that Energy Services Director Solomon has indicated he filled the original paper work out incorrectly, requesting only $10,000 when it should have been $20,000.

There was brief discussion regarding which power plant the bid was for. It is for the Millcreek 40 MW gas fired plant.

Motion:
Council Member Allen made a motion to award the change order to Rosenberg Associates in the amount of $10,000.00.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Consider award of bid for the gas management contract for the Millcreek generation project.
Purchasing Agent Swensen indicated this contract is for gas management and consulting. She explained 11 companies were contacted, seven responses were received and three
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June 2, 2005
Page Three

companies were interviewed. Staff asked for proposals from two companies. Staff recommends awarding the bid to IGI/BP to perform gas management and consultation in the amount of approximately $5400 a month.

City Manager Esplin commented staff has done a good analysis of the proposals and feels this is the best option.

The council discussed going out of house for this type of expertise.

Council Member Whatcott asked if the amount is a fixed cost.

Laurie Mangum replied that the cost will be approximately $7200 a month in summer and $2700 a month in the winter.

City Manager Esplin explained the contract is not only for the cost of gas, but also the transportation of the gas.
Laurie Mangum commented the gas price will be based on industry prices, IGI/BP will help with negotiations.

Motion:
Council Member Whatcott made a motion to award the bid to IBI/BG in the amount of approximately $5400.00 per month.
Second:
Council Member Orton seconded the motion.
Vote:
All voted aye, motion carried

Consider award of bid for 2000 East storm drain improvements.
Purchasing agent Swensen indicated this agreement is with QRS Development for storm drain on 2000 East.

Motion:
Council Member Orton made a motion to award the bid to QRS Development in the amount of $41,332.00.
Second:
Council Member Bunker seconded the motion.

Council Member Allen asked for explanation of the drainage charges on the utility bills to clarify that is not a double taxation issue.

City Manager Esplin explained the monthly drainage fee on utility bills is charged to cover storm drain needs not related to new development. Impact fees are charged to pay for growth related needs. The developer has to put in the size of pipe needed to handle this development only, the City has chosen to upsize the pipe at the time it is installed and those fees have to come from drainage fees as the need for the increased pipe size is not related to the new development.

Council Member Whatcott commented there is a state requirement to handle drainage issues and the $1.50 charge on utility bills is what is needed to be in compliance.

City Manager Esplin explained there is a storm management act that the City has to conform to and the drainage charge allows the City to meet the requirements. The $1.2 million Main Street project will be paid in large amount by the drainage fees.

Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried

Ordinances
Consider approval of an ordinance repealing Title 10, Chapter 19, Section 6 of the St. George City Code, enacting Title 6, Chapter 2, Section 20 and amending Title 6,

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June 2, 2005
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Chapter 2, Section 21, St. George City Code, relating to parking on unimproved lots for display.
City Attorney Guzman explained the changes are technical and recommended approval.

Motion:
Council Member Orton made a motion to approve by ordinance repealing Title 10, Chapter 19, Section 6 of the St. George City Code, enacting Title 6, Chapter 2, Section 20 and amending Title 6, Chapter 2, Section 21, St. George City Code, relating to parking on unimproved lots for display.
Second:
Council Member Whatcott seconded the motion.
Vote:
Mayor Protem Gardner called for a roll call vote as follows:
Council Member Allen, aye
Council Member Bunker, aye
Mayor Protem Gardner, aye
Council Member Orton, aye
Council Member Whatcott, aye
Motion carried

Council Member Bunker asked regarding the word display, how is it defined in the ordinance.

City Attorney Guzman explained if a vehicle is parked for commercial purposes it?s a violation and would need to be removed or ticketed.

Resolutions
Consider approval of a resolution authorizing the City of St. George to issue sales tax revenue bonds, Series 2005, for financing the historic water walk project, confirming the execution of a bond purchase agreement, and related matters.

City Manager Esplin explained staff has decided on this course of action because the interest rate is less than selling the bonds on the market and creating a redevelopment agency (RDA) bond. The debt service will be paid with RDA funds. The interest rate is 3.9% through JP Morgan, the market rate today is about 4.15%. There are no bond insurance requirements, no prepayment clause; the bonds are callable after June 2012. He indicated if the council approves the bond, it should be subject to legal review, giving the Mayor Protem authority to sign the documents. He read the bond detail.

Motion:
Council Member Whatcott made a motion approve the bonding as read by City Manager Esplin, subject to legal review.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor Protem Gardner called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Mayor Protem Gardner, aye
Council Member Bunker, aye
Council Member Allen, aye
Motion carried.

Consider approval of a resolution abandoning a public utility and drainage easement adjacent to the building pads of Lots 801 of Stone Cliff, Phase 8, and Lot 513 of Stone Cliff Phase 5.

City Manager Esplin recommend approving this abandonment subject to legal review.



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June 2, 2005
Page Five

Motion:
Council Member Allen made a motion approve a resolution abandoning a public utility and drainage easement adjacent to the building pads of Lots 801 of Stone Cliff, Phase 8, and Lot 513 of Stone Cliff Phase 5 subject to review by the City Attorney.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor Protem Gardner called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Mayor Protem Gardner, aye
Council Member Bunker, aye
Council Member Allen, aye
Motion carried.

Staff Reports

Report form the planning Commission meeting held May 24, 2005

Associate Planner Bradley recommended the following items be scheduled for public hearings. The first item to be scheduled on June 16, 2005 and the other three scheduled for July 7, 2005 or the next available date after that meeting.

1)A request to amend the St. George City Code, Title 10 Zoning Regulations and Title 11 Subdivision Regulations to designate a land use authority. City of St. George initiated. Case No. 2005-ZRA-004

2)A zone change request from R-1-10 (Single Family Residential) to C-2 (Highway Commercial) on 5.83 acres located at 1160 South and approximately 100 East, west of the Fiesta Fun Center. Mr. Jim McArthur, applicant. Case No. 2005-ZC-016

3)A request to amend the Bloomington Courtyard Planned Development Commercial Zone to revise the permitted use list to allow for a hotel site and obtain a height increase for the hotel located at 144 W. Brigham Road. Mr. Hal and Monte Magleby, applicants. Case No. 2005-ZCA-017

4)A request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 2 Definitions to revise the definition on family, the number of unrelated persons, and provide a definition for immediate family. City of St. George initiated. Case No. 2005-ZRA-003

There was a brief discussion regarding the scheduling dates.

Motion:
Council Member Allen made a motion to set the public hearings as outlined above.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor Protem Gardner called for a vote, all voted aye, motion carried.

Associate Planner Bradley reviewed the final plat Pecan Ridge Subdivision. He indicated the site has had some zoning compliance issues to resolve and has been before the Planning Commission in April. The items to resolve involve cleaning the site. The clean up is not yet completed, but the applicant wanted to bring the request to the council at this time as he wants to sell the lot and the final plat has to be approved for the sale to be finalized.

There was discussion regarding whether the applicant will complete the clean up of the site if approval is granted.

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June 2, 2005
Page Six

Associate Planner Bradley state he is not prepared to speak on behalf of Code Enforcement regarding that deadline for the clean up to be completed.

Concerns were raised regarding approval at this time without input from the Code Enforcement staff.

There was discussion regarding the status of payment for the assessment with respect to the Special Improvement District (SID).

City Manager Esplin recommended tabling the item until a Code Enforcement Officer can be contacted.

Associate Planner Bradley indicated there are four additional final plats to consider for approval. All four have a favorable recommendation from the Planning Commission.

1)Consider approval of a final plat for Tonaquint Terrace Phase 1 with 84 single-family residential lots located at Tonaquint Drive and 2370 South. Quality Development, applicant. Case No. 2005-FP-030

2)Consider approval of a final plat for The Terraces at Seven Hills Phase 1 with 32 single-family residential lots located at Tuweap Drive and 1270 North. Ence Homes, applicant. Case No. 2005-FP-031

3)Consider approval of a revised final plat for Estrella Phase 1 with 49 single-family detached patio homes located at approximately 1800 North Snow Canyon Parkway. S & S Construction, Inc., applicants. Case No. 2005-FP-032

4)Consider approval of a final plat for Estrella Phase 2 with 50 single-family detached patio homes located at approximately 1800 North Snow Canyon Parkway. S & S Construction, Inc., applicants. Case No. 2005-FP-033

Motion:
Council Member Orton made a motion to approve the four final plats as outlined above.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Pecan Ridge Subdivision continued
Code Enforcement Officer Young commented regarding zoning compliance, he indicted the applicant will have the site cleaned up by July 7, 2005 and that it has been cleaned to a point where he is comfortable with the applicants intent to finish the job. The case will go to administrative court proceeding if the applicant doesn?t complete the job.

There was brief discussion as to whether this is the manner in which the situation would be handled in general. It was confirmed that is how the situation would be handled.

There was brief discussion regarding the payment for the SID assessment.

An unnamed man indicated the assessment has been paid.

Motion:
Council Member Bunker made a motion to approve the final plat for Pecan Ridge Subdivision with four single-family residential lots located at 2710 South Circe and approximately 1950 East.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called vote, all voted aye, motion carried.

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June 2, 2005
Page Seven

Preliminary Plat
Associate Planner Bradley indicated this preliminary plat request has been granted a hillside development permit. It is for Sunbrook Phase 2 with 15 single-family lots located off Lost Creek Drive and Emeraud Drive. The Planning Commission recommends plat approval as is displayed. The disturbed areas will be replanted with natural vegetation.

Motion:
Council Member Orton made a motion to approve the preliminary plant for Sunbrook Phase 2 with 15 single-family lots located off Lost Creek Drive and Emeraud Drive with stipulations from staff.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Hillside Development Permits
Associate Planner Bradley indicated this permit is for lot 34 proposed Escalera Phase 3 a residential development located at 1200 North, north of Middleton Drive. He explained that lot 34 was left out of development permit based on the location which is higher in elevation than the other lots; there was a concern regarding water pressure. Water service for this area is from a water tank further north and water pressure isn?t a concern. The Hillside Review Board recommended approval of the plan as submitted. The power line will be buried, all the natural face will be preserved, and a portion of the rock will be disturbed.

Council Member Bunker asked if the Hillside Review Board made a site visit.

Associate Planner Bradley indicated the board did.

The council discussed the area and the amount the site is disturbed and moving the power line underground.

Motion:
Council Member Whatcott made a motion to approve the hillside permit for lot 34 of the proposed Escalera Phase 3 development.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Associate Planner Bradley reviewed the request for a hillside development permit for area adjacent to the old Fort Pierce Industrial Park, located off of 1700 East and approximately 3650 South. The applicant is not proposing to grade the hillside at this time. The Hillside Review Board recommended approval with the stipulation that the applicant comply with the ordinance with regard to the ten foot cut. If the applicant does anything differently or something different other than what is stated in the geotech soils report it will have to come to the board. The Planning Commission recommends approval with same recommendation as Hillside Review Board. Staff also recommends the approval be subject to obtaining access from a public right of way.

Motion:
Council Member Bunker made a motion to approve the hillside permit for a proposed industrial development located off of 1700 East and approximately 3650 South with stipulations Hillside Review Board and the Planning Commission.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.



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June 2, 2005
Page Eight

Staff Reports

Consider approval of a conditional use permit for a pre-school for up to 18 children in a home at 3451 South Single Track in the Desert Hills Subdivision.
Ray Snyder displayed pictures of the home and yard. He indicated the Planning Commission felt it was a routine request. He has received two letters of support and no letters of opposition as well as a signed statement from other home owners in the area in support. The Planning Commission recommends approval.

Council Member Whatcott declared a conflict of interest.

Motion:
Council Member Orton made a motion to approve the conditional use permit for a pre-school for up to 18 children in a home at 3451 South Single Track in the Desert Hills Subdivision.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor Protem Gardner called for a vote
Council Members Orton, Bunker, Allen and Mayor Protem Gardner voted aye. Council Member Whatcott abstained. Motion carried.

Consider approval of a conditional use permit for a three story hotel up to 43?6? located at 154 East Riverside Drive.
Ray Snyder displayed a map and photos of the area and an elevation of hotel. He indicated the height exceeds 35 feet height; the maximum height is about 47 feet. The Planning Commission recommends approval.

The group discussed height of the Hilton Hotel and comparable height charts in the packet.

Motion:
Council Member Bunker made a motion to approve the conditional use permit for a three story hotel located at 154 East Riverside Drive.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Consider approval of a conditional use permit for a detached garage with a height up to 18?9? located at 2516 East 2300 south Circle.
Ray Snyder indicated the garage meets all requirements for set backs. He displayed a site plan. He indicated he has not received any comment from neighbors.

Motion:
Council Member Orton made a motion to approve the conditional use permit for a detached garage with a height up to 18? 9? located at 2516 East 2300 South Circle.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Public Hearings

Public hearing to consider a zone change from R-1-10 to R-3 on .34 acre located at the southeast corner of 250 West and 950 South.
Associate Planner Bradley explained he has no legal description of the property and asked if action on the ordinance can be delayed until a legal description is obtained. He would like to have the public hearing now as to delay the hearing would require re-notification.


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June 2, 2005
Page Nine

Associated Planner Bradley explained the property is on the southeast corner of 950 South Street and 250 West. He displayed a map of the area with the site which is on a fairly steep portion of the hillside. The Planning Commission was concerned about the ability to build three units on the lot as well as density. Staff can not determine if three units can be built, the lot may only be able to accommodate two units. Staff supports cleaning up the area and shared access off of 950 South Street with potentially one access on 250 West. The Planning Commission recommends approval.

Mayor Protem Gardner opened public hearing noting a vote on the ordinance will be delayed until legal description is obtained. As there were no public comments, Mayor Protem Gardner closed the public hearing.

Public Hearing to consider a zone change from R-1-10 to R-2 on .55 acre located at 500 South and 12055 East and 1075 East.
Associate Planner Bradley displayed a map of the area. The portion of R-1-10 property is surrounded by R-3, there is one other parcel that is R-1-10 and owner would like to leave R-1-10.

The council discussed the size of the parcel that owner wants to remain R-1-10.
The council discussed that zone change which would make the property consistently zoned with the surrounding area.

There was discussion regarding what the applicant intends to build. The intended project is unknown, but staff has explained the requirements of the R-3 zone to the applicant.

There was discussion regarding the existing home on the lot. The zone change will affect applicants home.

There was discussion regarding the lot that the applicant does not want to change the zone on.

Mayor Protem Gardner opened the public hearing, seeing no one wishing to comment he closed the public hearing and asked council for action.

Motion:
Council Member Whatcott made a motion to approve by ordinance the zone change from r-1-10 to R-3 on .55 acre located at 500 South and 1055 Eat and 1075 East.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor Protem Gardner called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Mayor Protem Gardner, aye
Council Member Bunker, aye
Council Member Allen, aye
Motion carried.

Public Hearing to consider 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.
Associate Planner Bradley indicated the proposed zoning allows large animal although it may put restrictions on the animals.

Nathan Moses with Alpha Engineering indicated he represents the applicant. The intention of zone change is to accommodate family housing. He indicated Jedora estates is zoned R-1-10 as well and is adjacent to this area.

Mayor Protem Gardner opened the Public Hearing.


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June 2, 2005
Page Ten

Ron Askton who lives in Meadow Valley Estates expressed concerned over the limited amount of people notified of the zone change. He expressed concern that the 10,000 square foot lots will increase the density and will devalue the property in Meadow Estates.

Margarita Deganheart expressed concerned about traffic on 2800 South and Little Valley Road, currently there is no shoulder or bike path. She spoke against changing the neighborhood from what it was going to be to one with twice as many houses, adding twice as much traffic and twice as many people.

Tom Henry commented that if the council doesn?t follow staffs recommendation it sends a message to every developer that if they don?t like staff recommendation they can go to council for approval.

Nora Atkinson felt consistency is more important than going to smaller lots.

Nathan Moses explained the average lot size is 11,700 square feet; the developer is working to get nine extra lots in the entire development.

Bob Wahlin explained the request for 10,000 square foot zoning is being made due to some issues with the piece of ground such as the open irrigation canal that goes through part of it. He understands that long term that canal will be developed into a bridal path and will restrict the layout of the property. The SID in the area installed a sewer line in what could be used as a road way. He indicated his family will be building homes in the area, they aren?t developers but farming has been squeezed out and now they would like to utilize the land to its best potential. He discussed the average size of home in the area and the cost of block wall fencing.

The group discussed the land that has been purchased by the City and school district as well as the change in use from farm land to other uses.

Mayor Protem Gardner, seeing no one else wishing to speak closed the pubic hearing.

Council Member Orton commented that he agrees with staff that R-1-12.5 zone is a buffer zone. He expressed his opinion is it should be 12.5 to remain consistent with the area.

The group discussed the reasoning of Planning Commission approval.

Associate Planner Bradley commented this area will require the homes that front the street to have a way to pull out forward to the traffic. There has been a transition in the area and 12.5 zoning makes sense unless they need larger lots for animal use.

The proposed equestrian trail and the use of the irrigation canal were discussed. Approval from the irrigation company would be needed to cover the open canal. The availability of horse property and trails through R-1-10 or R-1-12.5 was discussed.

Ed Burgess explained at this point there are not plans to cover the canal. The canal will have to be fenced off, so getting access to an equestrian trail will be difficult. The trail is on the north side of the canal. The equestrian trail will be put in eventually.

Ron Askton commented 12.5 square foot lots is acceptable.

Council Member Allen asked if there are any other subdivisions that will also be walled.

Ed Burgess said because trail is on the north of the canal access walkways will be installed between lots. On the bottom part because of the uncovered canal there isn?t access planned at this time.

City Manager Esplin commented that the question tonight is does the proposed zone change meet the master plan and does it meet uses in the surrounding area.
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June 2, 2005
Page Eleven

Motion:
Council Member Orton stated that to be consistent with the master plan in the City, he makes a motion to deny request for R-1-10 and approve RE-12.5 for the area.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor Protem Gardner called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Mayor Protem Gardner, aye
Council Member Bunker, aye
Council Member Allen, aye
Motion carried.

Public Hearing to consider a zone change from Open Space and Mining and Grazing to PD on 567.11 acres and amend the Sun River PD zone to add said acres to the project located west of I-15.
Associate Planner Bradley displayed a site plan for addition to Sun River. He detailed the area and the uses for Sun River which include a proposed commercial development at some future date. Sun River was originally approved in 1997; this request would double the size of the project. The commercial use would be on 153.7 acres. Sun River would increase by roughly 600 units. Staff and Planning Commission is recommending approving Phase 1 to continue to build prior to the actual completion of the future interchange as well as including the RV mini storage. The commercial areas outside of Phase 1 could not be developed until the interchange is done. He asked if the council wants to review each site plan for approval.

Gary Wood, co applicant made a Power Point Presentation detailing the area subject to the application. He discussed a meeting he had with UDOT for the proposed interchange which should go out for bid in about a year.

Mayor Protem Gardner opened the public hearing, seeing no one wishing to comment he closed the public hearing.

City Manager Esplin indicated staff has concern regarding the impact of this development on the Bloomington interchange. All the development in the Fort Pierce Industrial Park, construction truck use, a potential school in the area and the expansion of Sun River will put a significant strain on the interchange. He commented the developer has expressed a willingness to pay for a share of the cost to improve the interchange, but the project cost has not been determined. He reviewed the cost to the City to participate in a traffic study conducted by the State. The developer has done a great job with master planning the project, but the concern is the timing and what improvements should be made and the amount of contribution from the developer.

Council Member Whatcott stated that the eight recommendations from the Planning Commission and traffic engineer was just distributed tonight and he would like time to review them before making a decision. He indicated he has serious concern about a second access and impact on the Bloomington interchange. He would need to see elevations, contours and such before he could approve zone change. If conceptual approval is the request, he could do that, but he is not ready to approve a PD zone.

Council Member Orton asked with regard to a PD zone, could the council review every phase.

Associate Planner Bradley commented the council can consider each one individually; the Planning Commission is comfortable with the conceptual plan. Staff would like direction as to what the council would like to review.

The council discussed a previously held site visit.


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June 2, 2005
Page Twelve

Gary Wood with E and M Consulting commented this is a tiered process, the developer is asking for a PD zone, but site plans and elevations would come through as they are developed. Detail will be brought in at a later time.

The group discussed looking at site and elevation and detailing where items such as the RV storage will be located.

Council Member Whatcott commented there is a responsibility as a council to see what the entrance to the City is going to look like.

Gary Wood commented the developer wants the council to understand basic land use and circulation. There is a table in the zone change application that details what is allowed in each of the planning areas.

Rick Rosenberg with Rosenberg Associated commented a large chunk of the area will be continued as part of the Sun River PD as is now. He explained what the different colored areas on the map designated.

Council Member Whatcott stated that the project is large enough that he would need to see each location.

Darcy Stewart commented that he don?t know how to respond to cost sharing amounts on Bloomington interchange traffic study.

City Manager Esplin raised the issue of paying for the cost of the traffic study. He asked if the City should pay the entire cost for the study or should SITLA and other developers help fund the study. He commented that he doesn?t know when the Atkinville interchange will be approved. He suggested approving what the single access to Sun River can handle and not approving anything that would require access at the Atkinville interchange.

Gary Wood commented continuing development based on what the Bloomington interchange can handle would mean an additional 900 units could be built.

Council Member Orton commented staff also recommends no storage other than the RV storage be constructed until the Atkinville interchange is open.

Council Member Allen expressed concerns regarding allowing an intersection go to a level D or F rating before addressing a problem.

Gary Wood commented that he didn?t think the interchange will go to an F rating with a total 1600 homes in Sun River.

The council discussed the cost and time line of the proposed traffic study on the Bloomington interchange.

Public Works Director Bulloch commented the current level of service rates the west round about at a C the tear drop round about at a B. The increased traffic would drop both to a F. He indicated the City traffic engineer says parts of the round about are already failing such as west bound traffic on the exit ramp which backs up onto the freeway.

There was discussion regarding those that would participate in the study.

Rick Rosenberg said the problem is regional and one developer shouldn?t be responsible for the affect on the Bloomington interchange. There is a willingness on the part of Sun River to cost share, but the amount of cost sharing is yet to be determined.

Rick McBriar with SITLA indicated he is prepared to help meet matching funds for a traffic study on the Bloomington interchange. He stated that it is important that the

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June 2, 2005
Page Thirteen

different uses get sorted out now because it affects things like the planning of the proposed interchange.

Tom Henry commented that today at 4:00 pm the Bloomington round about was a parking lot for a time.

Mayor Protem Gardner asked if the council wants to take a conceptual action or have a site visit first.

Motion:
Council Member Allen made a motion to table the item and to set site visit and review of the material provided tonight and put it back on the agenda for a future meeting.

There was discussion concerning setting the date for a site visit on June 23, 2005.

City Manager Esplin asked if the areas could be staked to define the different uses.

Second:
Council Member Whatcott seconded the motion.
Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Associate Planner Bradley: asked the council to keep in mind a potential location of a fire station which is a concern from the Fire Marshal.

Public Hearing to consider standards for the construction, height and setback of rock walls
Jay Sandberg reviewed the reasons for the proposed standards. He reviewed the significant portions of the ordinance which are:
Design requirements and guidelines
Type and source of rock
What may be built on the wall
Inspection
Maximum height of eight feet, or adjacent rock walls maximum of 16 feet
Set back from the property line has been increased.
A provision has been included regarding the set back of the wall from the structure if there are adjacent but separate walls

He reviewed the diagrams in a Power Point presentation.

There was a brief discussion regarding the amount of separation required between walls.

Jay Sandberg indicated that utilities expressed concern regarding rock walls built on utility easements, so there is a requirement that the affected utility has to give permission for the wall to be built on an easement.
Council Member Allen asked who is responsible for a wall that may have to be dug up or replaced in the event the wall is built on a utility easement.

City Attorney Guzman suggested adding language in the ordinance to address those issues including requiring City approval for walls built on utility easements and in right of ways.

The amount and types of failures in walls and what has precipitated the need for the ordinance was discussed.

Council Member Allen discussed the possibility of a driveway ?tunneled? by rock walls, and asked if four feet set back OK.

There was discussion concerning the set back and rock walls built in utility easements,

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June 2, 2005
Page Fourteen

There was also discussion concerning possible sight hazards if rocks are allowed to be built on utility easements.

There was discussion concerning the eight foot height maximum for a single wall and the 16 foot height maximum for adjacent walls.

Mayor Protem Gardner opened the public hearing.

Lowry Snow representing the developers of Stone Cliff made a Power Point presentation. He asked the council to recognize that the ordinance needs to be flexible to address situations such as those at Stone Cliff.

Gail Maxwell described the height, length and type of rocks used in walls in Stone Cliff. He indicated none of the rock walls are built over utilities with the exception of some sewer lines that go under the wall and to the house. He discussed the way the lots are developed, the size of the lots and need to be able to built walls taller than the proposed ordinance will allow.

There was discussion concerning possible water build up behind the walls in Stone Cliff.

Gail Maxwell indicated the moisture flows through to the ground, it doesn?t build up.

There was discussion concerning liability in a private development versus a public street.

Lowry Snow commented the ordinance as proposed will create a hardship on the developers involved in Stone Cliff. He asked for variance or flexibility to be built into the ordinance to take into account geographic features and type of rock available. He also is asking the council to grandfather this project to allow it to be completed as it has been done so far. He suggested a variance based on geo technical reports or suggesting the City adopt a ten foot maximum rather than an eight foot or adding a provision that says that in certain geological conditions the developer can seek permission to exceed the height.

There was a brief discussion regarding earthquake protection and an allowance for exceeding the 16 foot maximum depending on the length of the wall.
There was discussion concerning the definition of a rock wall. A rock wall is defined as a rock supporting another rock.

Jay Sandberg commented that he doesn?t recall any of the rock walls in Stone Cliff being shown on the plans. He expressed concerned that if it is grandfathered the City is giving permission for something that wasn?t approved.

There was a brief discussion if there is room for changing the height maximum from eight to then feet. There was discussion regarding why the maximum was set at eight feet.

Jay Sandberg indicated that he felt many of the walls in Stone Cliff are being built to enhance the view rather than for a genuine need.

There was discussion concerning sight limitations from rock walls.

Gail Maxwell disputed the comment made that the walls are being built simply to elevate the building pad.

Gordon Brushforth resident of Paradise Canyon subdivision spoke in support of the ordinance.

Council Member Allen asked if rock walls require footings

Russ Owens indicated footings are not used in a normal rock wall. He indicated the conditions at Stone Cliff are unique; rocks from the site are used. He felt the eight feet

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June 2, 2005
Page Fifteen

height limit is reasonable in most places, but he felt that Stone Cliff needs to be allowed some latitude.

There was discussion as to the basis for an exemption, if it would be based on material, geotechnical analysis or something else.

Russ Owens expressed that it should be based on past history.

Tom Henry spoke in support of the ordinance. He encouraged the council to consider the rights of the citizens that have bought property.

Carol Sapp with Southern Utah Home Builders Association (SUHBA) indicated she served on the committee that drafted the ordinance. There are some things not in the ordinance that were discussed by the committee. She discussed the committee discussion concerning material. She indicated the Stone Cliff development was discussed by the geo technical engineers as an example of material that performs well. She reviewed the committee discussions on height and the use of geo grid that should be used in construction of rock walls as well as using a combination of rock material. She indicated she felt the council needs to address the situation of existing and approved subdivisions that have built rock walls that don?t conform to the ordinance, she felt there needs to be a variance or allowance for some lots in preexisting subdivisions and give some leniency in material and the height of the wall depending on the type of material used.

Lowry Snow indicated that he doesn?t think City staff should be allowed to override the recommendation of the engineer hired by the developer.

Jay Sandberg commented that the committee decided to leave the type of material up to the geo technical engineer.

Tom Henry commented that he hopes the decision the council makes will be based on the protection of the City and the citizens.

Mayor Protem Gardner seeing no one else wishing to comment closed the public hearing.

There was discussion regarding who served on the committee and if the committee had come to a consensus the draft is acceptable.

Carol Sapp commented that there are some things that are not in the final draft that needs to be addressed.

There was discussion regarding that the draft was given to the council tonight and that council members need more time to review the material.

Council Member Whatcott expressed discomfort at grandfathering a single development outside of the ordinance. He recommended tabling the item until the next council meeting.

Council Member Orton stated the council needs to understand the liability to the citizen, City, developer and contractor.

Council Member Bunker suggested adding some language that gives some flexibility to specific areas that are solid rock and takes into consideration the quality of rock, types of soil.

Motion:
Council Member Whatcott made a motion to table the issue.
Second:
Council Member Allen seconded the motion.



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June 2, 2005
Page Sixteen

There was discussion regarding when to reschedule this item for discussion. There was discussion concerning whether walls should be approved that will conflict with the proposed ordinance during.

Gail Maxwell stated developers have to be able to continue with what engineering has already approved.

There was discussion as to how to allow wall construction to continue but also require developers to meet certain standards or approval by city engineering staff.

Gail Maxwell stated he has red lines drawings with approval for a 20 foot wall.

Jay Sandberg indicated the joint utility plans came in before the full grading plan was submitted to engineering. There is a 20 foot wall that he doesn?t think has been approved.

Gail Maxwell indicated the 10/10 walls will only be on a dozen lots on one phase and some on another phase. He asked if he can put four or five feet space between the two ten foot walls.

City Attorney Guzman commented in this case the council can say a temporary ordinance is being implemented with anything the council requires tonight.

City Manager Esplin suggested staff work on existing projects in the pipeline with the understanding that it can come before the council if needed.

Amended motion:
Council Member Whatcott amended the motion to approve a temporary zoning ordinance with the draft ordinance being the criteria and table the permanent ordinance for review, allowing staff to work with those plans already in the process.
Second:
Council Member Orton seconded the amended motion.
Vote:
Mayor Protem Gardner called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Mayor Protem Gardner, aye
Council Member Bunker, aye
Council Member Allen, aye
Motion carried.

The council discussed a site visit to Stone Cliff on June 9, 2005.

Staff Reports

Consider approval of a request for a gated community.
City Manager Esplin indicated he would like council?s position so this project can go through the planning process.

Cary Blake indicated he is developing a subdivision on a hill with two entrances and no connectivity. The streets will be private. He would like the zoning to remain as R-1-10 and plans to create a Home Owners Association (HOA) to maintain the roads.

Council Member Bunker stated she really does not like gated communities as it takes away from being a community.

Cary Blake stated the subdivision is exclusive anyway because it?s on the hill.

City Manager Esplin stated there is also a question regarding the type of curb to be installed in the subdivision.


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June 2, 2005
Page Seventeen

There was discussion regarding private streets and that the developer can do what ever he/she chooses.

Cary Blake commented the Pine Brook subdivision has a modified curb without problems.

Council Member Allen commented she has seen cars parked on the sidewalk in that subdivision.

Mayor Protem Gardner discussed the approval of Stone Cliff which was the first gated community in the City and the challenges of safety and exclusivity that have to be addressed.

Cary Blake expressed concern that if there are no gated communities in the City buyers will look elsewhere as they like the exclusivity of gated communities.

Council Member Whatcott commented Mr. Blake won?t have trouble selling the lots because the location is excellent. He asked with regard to the modified curb where does the water go as the development is on top of the lava flow.

Cary Blake stated that will be addressed through the construction drawing approval process.

City Attorney Guzman suggested that it be a PD zone and commented that what ever the council decides tonight will set a precedent.

Cary Blake stated he needs to know if it can be gated, he won?t go through rezoning if it can not be a gated community.

Motion:
Council Member Bunker made a motion not to allow a gated community but to allow the modified curb.
Second:
Council Member Allen seconded motion.

City Manager Esplin commented there have been other requests for roll back curbs that weren?t allowed in public streets.

Public Works Director Bulloch indicated if the street were collector road it wouldn?t be allowed.

Vote:
Mayor Protem Gardner called for a vote; all voted aye, motion carried.

Public Hearings

Public hearing on the proposed 2005-2006 fiscal year budget for the City of St. George
Mayor Protem Gardner opened the public hearing, seeing no one wishing to comment he closed the public hearing.

Public hearing to consider adjustments to the 2004-2005 fiscal year budget
City Manager Esplin indicated there are adjustments to the budget. He reviewed the adjustments which are related to the Police, Leisure Services, Fleet, Street and Administrative Services Departments.

Mayor Protem Gardner opened the public hearing, seeing no one wishing to comment he closed the public hearing.



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June 2, 2005
Page Eighteen

Motion:
Council Member Whatcott made a motion to approve by resolution the adjustments as detailed in the 2004-2005 fiscal year budget.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor Protem Gardner called for a roll call vote as follows:
Council Member Whatcott, aye
Council Member Orton, aye
Mayor Protem Gardner, aye
Council Member Bunker, aye
Council Member Allen, aye
Motion carried.

Motion:
Council Member Orton made a motion to adjourn the regular meeting and convene the Economic Development Agency meeting.
Second:
Council Member Whatcott seconded the motion.
Vote:
Mayor Protem Gardner called for a vote, all voted aye.

Motion:
Council Member Orton made a motion to adjourn the Neighborhood Redevelopment Agency meeting and reconvene the Regular City Council meeting.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called for a vote, all voted aye.

Consider approval of the minutes of the regular City Council meeting held April 21, 2005.

Motion:
Council Member Orton made a motion to approve the minutes of April 21, 2005 as presented.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor Protem Gardner called for a vote, all voted aye.

Consider approval of the minutes of the regular City Council meeting held May 5, 2005.

Council Member Whatcott noted a correction to the minutes.

Motion:
Council Member Orton made a motion to approve the minutes of May 5, 2005 with changes.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor Protem Gardner called for a vote, all voted aye.

Adjournment

Motion:
Council Member Orton made a motion to adjourn the regular meeting.
Second:
Council Member Whatcott seconded the motion.

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June 16, 2005
Page Nineteen

Vote:
Mayor Protem Gardner called for a vote, all voted aye.

Minutes recorded by:



Ren? Fleming Deputy City Recorder