City Council Minutes

Thursday, August 18,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 18, 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
Council Member Suzanne Allen
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order, welcomed all in attendance, and led the City Council in singing ?The Dixie Song?. He then led the pledge of allegiance. The invocation was offered by Pastor Mark Gering.

An unidentified woman presented the City with a check in the amount of $1,200 representing the proceeds from the Rock?n On Main Street fourth of July celebration, to aid in the restoration of the Arts Center.

Rene Burkley, Chair of the Healthy Dixie Council, explained that the Family Fitness Festival would be held this Saturday. She presented Mayor McArthur with a T-shirt.

CONSENT CALENDAR:
Consider approval of the financial report for June, 2005.

City Manager Gary Esplin explained that the City ended the fiscal year in the black.

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

BID OPENING:
Consider approval of a change order to the Fields sewer project.

Purchasing Manager Sue Swensen explained the City received a request from Washington City to extend the sewer project in the Washington Fields area as part of the City?s contract with HE Davis. Staff recommends approval. The amount is $155,175.75 which will be billed to Washington City.

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

Water Services Director Barry Barnum explained that a connection has been made to the main line by the Max Seegmiller property. The contract is for 120 days, and the line will be opened as development proceeds.

AWARD OF BID:
Consider award of bid for seed for the golf courses and ball fields.

Purchasing Manager Sue Swensen explained that four bids were received. She recommended award of the bid to the low bidder, Helena Chemical, in the amount of $105,860.

MOTION: A motion was made by Council Member Allen to award the bid to Helena Chemical in the amount of $105,860.
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 a front end loader.

Purchasing Manager Sue Swensen explained that bids were sent to five vendors but only two bids were received. She recommended award of the bid to the low bidder, Scott Machinery, in the amount of $110,700.

MOTION: A motion was made by Council Member Whatcott to award the bid to Scott Machinery in the amount of $110,700.
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 chain link fencing for the Millcreek substation.



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August 18, 2005
Page Two

Purchasing Manager Sue Swensen explained that this purchase was handled as an emergency for safety reasons in connection with the Millcreek generation facility. Two bids were received, and she recommended award of the bid to the low bidder, Allied Fence, in the amount of $30,000.

MOTION: A motion was made by Council Member Gardner to award the bid to Allied Fence in the amount of $30,000.
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 slip lining for the sewer main lines.

Purchasing Manager Sue Swensen explained that one bid was received from T.E.S. Inc. in the amount of $58,920. She recommended approval.

Water Services Director Barry Barnum advised that five different sections will be done.

MOTION: A motion was made by Council Member Orton to award the bid to T.E.S. Inc. in the amount of $58,920.
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 hauling and loading of fill material associated with the Seegmiller Park project.

Purchasing Manager Sue Swensen recommended award of the bid to Bryce Christensen Trucking in the amount of $61,210. The material is being hauled from the Ft. Pearce Wash to Seegmiller Park.

City Manager Gary Esplin explained that a blanket purchase order previously issued for this work expired in the middle of the project. There is money in the park impact fund to complete this project.

MOTION: A motion was made by Council Member Gardner to award the bid to Bryce Christensen Trucking in the amount of $61,210.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution adopting the CityCache fee schedule for rates at Leisure Services facilities.

Marc Mortensen, Assistant to the City Manager, explained that the CacheCard will be launched September 1 for leisure services activities. The golf plus card will be implemented October 1. Prices are consistent with the punch card rate.

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution revising the development fee schedule.

City Manager Gary Esplin explained the changes to the development fee schedule, attached hereto as Exhibit ?A?.

MOTION: A motion was made by Council Member Gardner to approve the resolution, explaining that while he was opposed to the increased fees, he realized that more staff was needed.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.


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August 18, 2005
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ORDINANCE:
Consider approval of an ordinance changing the zone from R-1-10 to R-3 on .347 acres located at the southeast corner of the intersection of 250 West and 950 South.

Community Development Director Bob Nicholson explained that this request came before the City Council three to four months ago and a public hearing was held, but the matter was tabled due to a problem with the legal description. The Planning Commission recommends approval.

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended that public hearings be scheduled for September 1, 2005 at 5:00 p.m. to consider (A) a request to amend and extend the final plat for Tonaquint Office Campus Phase 1, located at 1600 South Dixie Drive, to increase the size of Lot 2 and Lot 3 and relocate Lot 3 so the building will be out of the 100 year floodplain, and (2) a request to amend the final plat for Tonaquint Hills Phase 1, located at 1500 South west of Dixie Drive, to revise the west boundary line and eliminate Lot 4 and Lot 5.

MOTION: A motion was made by Council Member Gardner to set the public hearings as recommended by the Planning Commission.
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:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended that public hearings be scheduled for September 22, 2005 at 5:00 p.m. to consider (A) a zone change request from A-20 to R-1-10 on 19.328 acres located at 1000 South and 3000 East, (B) a zone change request from R-2 to C-1 on 0.201 acre located at 243 North 400 West, (C) a zone change request from PD to R-1-10 on 1.88 acres located at 1100 East at 1000 South, (D) a zone change request from R-1-10 to C-2 on 0.56 acres located at approximately 100 South and 1470 East, southeast of Settler?s RV Park, and (E) a request to amend Title 10, Chapter 7, St. George City Code, to make modifications and include a section on architectural standards.

MOTION: A motion was made by Council Member Gardner 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.

FINAL PLATS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of the final plats for Bellsera Townhomes at Sunbrook Phase 4 and The Terraces at Seven Hills Phase 3.

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

LOT SPLIT:
Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of a request to divide a parcel of land into two parcels at 55 South Bluff Street subject to their standard conditions. Mr. and Mrs. Wells are the applicants.

MOTION: A motion was made by Council Member Gardner to approve the lot split subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

LOT SPLIT:
Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of a request to divide a parcel of land into two parcels at 1700 South Convention Center Drive between the Fairfield Inn and the

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Dixie Center parking lot, subject to the following conditions:

1. Provide separate deeds for each parcel.
2. In addition to the legal descriptions on the record of survey filed with the County Recorder, provide the City with separate 8.5 x 11 legal descriptions for each parcel.
3. A utilities and drainage easement shall be completed, notarized, and recorded.
4. The City Attorney?s Office shall review and determine if a reciprocal access agreement is required.
5. The applicant shall submit for review all legal documents to the City Attorney?s Office.

Cracker Barrrel Old Country Store Inc., applicant.

MOTION: A motion was made by Council Member Allen to approve the lot split subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder advised that the Planning Commission, at its August 9, 2005 meeting, recommended approval of the site plan and building elevations for a proposed office building (building ?C?) at the Tonaquint Office Campus Phase 1 Subdivision located at 1600 South and Dixie Drive and within a PD Commercial zone.

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

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder advised that the Planning Commission, at its August 9, 2005 meeting, recommended approval of the site plan and building elevations for a proposed office building (Lot #1) at the Tonaquint Hills Phase 1 Subdivision located at Silicone Circle and Silicone way, west of Dixie Drive at approximately 1500 South within a PD Commercial zone.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for wireless communication facilities as follows: (1) a 100' tower at 3292 Desert Drive within the Millcreek Industrial Park, (2) rooftop antennas on an existing building at 1871 West Canyon View Drive, and (3) co-locate an existing cell tower site with a new tower and new equipment building located southwest of the Snow Canyon Parkway and Bluff Street intersection. Cingular Wireless, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission recommended approval of a request to locate a 100' communications tower on Deseret Drive in the industrial park.

After discussion, it was the consensus of the City Council to table all three requests from Cingular Wireless until the applicant was present.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a day care and preschool for up to 16 children at 256 South 500 East. Jeanne Layton, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its August 9, 2005 meeting, recommended approval. He advised that there was, however, some neighborhood opposition.

Council Member Allen commented that a conditional use permit could be revoked if the conditions of its issuance are not adhered to.

MOTION: A motion was made by Council Member Allen to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Bunker, who requested that a condition be added to the motion that the circular driveway be installed within six months.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.





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August 18, 2005
Page Five

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a three story office building to a height of 42 feet and a decorative cupola roof height of 70 feet located at 100 East 50 South. Brent Gardner, applicant.

Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval subject to the following conditions:

1. A maximum midpoint height of 42' and maximum cupola roof height of 70'.
2. The front setback shall be 10'.
3. A Site Plan Review application along with four sets of plans shall be submitted to the Engineering Department for standard plan check review.
4. Provide a minimum of 75 parking spaces.
5. The City Attorney will determine if a shared parking agreement will be required with the properties to the north or south.
6. All signing and striping with regard to traffic shall conform to City and MUTCD standards.

MOTION: A motion was made by Council Member Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
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.

Mayor McArthur explained that this item was on a previous agenda but was continued to this meeting in order to make a site visit.

Council Member Bunker inquired of the applicant why the units closest to the road could not be two stories instead of three stories.

Rick Rosenberg, representing the applicant, replied that the unit closest to the road will be two stories instead of three stories, the other units will be sloped down to the road, and they have done everything they can to drop the three story buildings.

MOTION: A motion was made by Council Member Whatcott to approve the request by 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 Allen - aye
Council Member Gardner - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from OS and M&G to PD Residential on 567.11 acres and to amend the existing Sun River PD zone by adding said acreage to the Sun River development, located west of I-15. Darcy Stewart and SITLA, applicants.

Community Development Director Bob Nicholson explained that this item was on an agenda in June but was tabled due to several unresolved issues. The request has been scaled back from the original request. The Planning Commission recommends approval subject to eight conditions recommended by the Traffic Engineer:

1. Preserve right-of-way and provide right turn deceleration lanes at intersections along Pioneer Road and Sun River Parkway. These Pioneer Road intersections include Arrowhead Canyon Drive, Bluegrass Way, Havasu Drive, and future commercial driveways (in both the northbound and southbound directions). These Sun River Parkway intersections include Arrowhead Canyon Drive, Country Club Drive, Ironwood Drive, Big River Drive, and Wide River Drive (in both the eastbound and westbound directions). Many of these Sun River Parkway intersections have already met this requirement.

2. Provide left turn lanes where left turns are anticipated. The submitted Access Management Plan by Orth Rodgers in 2004 has specified where left turns are not permitted in future Sun River phases.

3. Participate in the solution that comes from UDOT?s analysis of the roundabouts at Milepost 4 to improve capacity issues. This may include re-striping, removing curb, gutter, and sidewalk, and widening with asphalt at the east ?teardrop?

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August 18, 2005
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roundabout. The purpose would be to maintain the existing LSO of the
roundabout and teardrop.

4. Provide a traffic signal at Man O War and Pioneer Road when warranted which may be when Phase I is nearly completed.

5. The Atkinville interchange will be designed for construction during the next 12 months. Right of way requirements will be made known near the end of this 12 month process. It will be expected that future land planning by either Sun River or SITLA will be aware that right-of-way will be required and that no land use plans have been or will be approved adjacent to I-15 until such time these right-of-way requirements are known.

6. Provide adequate site distance at all intersections per AASHTO guidelines.

7. All signing and striping shall conform to City and MUTCD standards.

8. No other phases of Sun River are to be approved until the Atkinville interchange at Milepost 2 has been or is clearly scheduled to be completed.

Mr. Nicholson explained that Phase 1 contains 1,598 homes, 681 of which are already built. The applicant understands and agreed with the eight conditions recommended by the traffic engineer. The applicant is also requesting that the old standard of 8' setbacks to the dwelling unit and 18' to the garage be approved, rather than the City?s new standard of a 10' setback to the dwelling unit and 20' to the garage.
Mayor McArthur opened the public hearing.

Edward Southwick inquired how many acres were dedicated to open space.

Rick Rosenberg replied that 166 acres are in golf course, 81 acres are non-floodway open space on the hillsides, and 34.5 acres are in the floodway.

Council Member Gardner explained that when the property was annexed into the City, it was zoned Open Space as a holding zone and was never intended to remain in open space. The City?s holding zone is now Mining and Grazing.

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

Council Member Bunker expressed dismay at approving 917 more units in the area due to the increased traffic on the roundabouts.

City Manager Gary Esplin advised the units would be phased in and not built all at once. The Atkinville interchange will be under construction by next summer or fall.

Mr. Rosenberg commented that the traffic study indicates there is still some ability to grow, and it will be a long time until an increase in traffic will be seen.

Council Member Whatcott inquired of staff its recommendation as far as the setback request.

Community Development Director Bob Nicholson replied that 10' and 20' setbacks were better.

MOTION: A motion was made by Council Member Orton to approve the request with the City?s current setbacks of 10' and 20' and subject to the eight recommendations of the City?s traffic engineer.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Bunker - no

The motion carried.

Community Development Director Bob Nicholson commented that the final legal description will be for less than 500 acres.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Crystal Springs at Sunbrook located east of Crystal Lakes Subdivision. Ence Homes, applicant.

Community Development Director Bob Nicholson explained that 20 units are proposed for a density of 3.8 units per acre with a private street. The Planning Commission recommends approval subject to (1) compliance with the 30% landscape requirement, 200 sq. ft. useable/recreation/open space area, (2) determining the increase in units from 19 is not a significant change, and (3) finalize a road maintenance agreement with Crystal Lakes prior to the City Council meeting.
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August 18, 2005
Page Seven

Mayor McArthur opened the public hearing.

Paul Carter, President of the Crystal Lakes Homeowners Association, advised that the agreement for road maintenance has been drawn up but not signed. He requested the matter be tabled until it is signed.

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

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the road maintenance agreement being signed, and the other stipulations recommended by the Planning Commission
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.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider a request to amend Title 10, Chapters 2, 5 and 7, St. George City Code, to allow for a guest house as a permitted use subject to certain standards.

Assistant Planner Ray Snyder explained that several PDs within the City allow casitas, and staff receives many requests from residents wanting to add another dwelling unit on his or her property.

Mayor McArthur opened the public hearing.

Edward Southwick stated he felt the proposed amendment would increase density all over the City, and if the general public was aware of the proposed amendment, they would be in an outrage.

City Manager Gary Esplin replied that an advertised public hearing was held by the Planning Commission, this public hearing was advertised in the newspaper, and there has not been any public outcry.

Mr. Southwick commented that the City would not be able to enforce the proposed amendment, and he was against it.

Carol Sapp, representing the Southern Utah Homebuilders Association, commented that the proposed amendment limits the number of lots which would be able to be used for this purpose by requiring a minimum lot size and setbacks. However, the proposed wording was problematic in terms of cooking facilities, and there should not be a reference to specifications on kitchen facilities. She stated she felt the amendment was needed and was a good idea.

Edward Southwick commented that the proposed amendment would open up every lot over 10,000 sq. ft. to become a duplex.

City Attorney Shawn Guzman commented that if kitchen specifications were not included in the amendment, it would be difficult to enforce as far as rentals.

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

Council Member Whatcott commented he felt that guest houses could not be located in R-1-10 zones because they would have to be less than 25% of the backyard and meet all setback requirements.

MOTION: A motion was made by Council Member Gardner to approve the amendment with the deletion of Item G. The motion died for lack of a second.

MOTION: A motion was made by Council Member Orton to approve the amendment as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.



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August 18, 2005
Page Eight

PUBLIC HEARING/ADJUST ZONE BOUNDARIES/ORDINANCE:
Public hearing to consider a request to adjust the existing zone boundaries for R-2 and R-1-10 zones to accommodate the extension of Stonebridge Drive to Valley View Drive at approximately 150 South, south of the Pebble Creek subdivision. Richard Hafen and Jeff Rogers, applicant.

Community Development Director Bob Nicholson explained the purpose for the change is to realign existing zone boundaries to accommodate the extension of Stonebridge Drive to Valley View Drive. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing.

Ryan Jolley, Alpha Engineering, representing the applicant, explained that there is sufficient sight distance in the extension of Stonebridge Drive to Valley View Drive for a 55 mph speed limit, although the speed limit will be 35 mph. There is also sufficient turning and stopping sight distance.

Garth Wilkinson inquired about the types of units that would be built, and how many.

City Manager Gary Esplin explained the density maximums in the R-1-0 and R-2 zones.

Jim Hettrick, a member of the Pebble Creek HOA Board of Directors, disputed the traffic information and objected to the density and zero property lines. He stated he wanted the opportunity to comment on the site plan when it is submitted.

City Manager Gary Esplin explained an R-2 project would not require a public hearing as the property is already zoned R-2, but a fence would be required between the R-2 and R-1-10 zones.

Edward Southwick inquired if the R-1-10 zone was being expanded. He was informed that it was.

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

MOTION: A motion was made by Council Member Gardner to approve the ordinance.
SECOND: The motion was seconded by Council Member Whatcott.

Edward Southwick commented that due to the heavy traffic on Valley View Drive, he felt the road connection should not be made.

VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Meadow Valley Phase 5 with 24 single family lots located at the northwest corner of the intersection of Little Valley Road and Valley Springs Drive. Quality Development, applicant.

Community Development Director Bob Nicholson advised that the applicant requested the matter be continued.

Mayor McArthur opened the public hearing.

MOTION: A motion to continue the public hearing was made by Council Member Orton.
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 ROAD MASTER PLAN/ORDINANCE:
Public hearing to consider a request to amend the Road Master Plan by eliminating a planned 50' road which would extend northeast from 2780 East and Rasmussen Drive to 3000 East at about 1700 South. Ryan Button, applicant.

Community Development Director Bob Nicholson explained the road master plan calls for a 50' road extending Rasmussen Drive into 3000 East. The applicants are requesting that this road be eliminated. Staff recommends that the road not be eliminated, but with an option to relocate the road so that it can serve the same purpose. The Planning Commission recommends that the road not be eliminated, but with some flexibility for alternatives.

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Page Nine

Jason Tuttle, Bush & Gudgell Engineering, stated the road is unnecessary, encumbers three parcels of property, and extends up a hillside. He explained that connectivity would be better achieved by intersection spacing and maximum block lines. He explained that constraints on all four sides would limit creativity of the subdivision layout.

Mayor McArthur explained that the City plans roads along property lines so that adjacent property owners share in the cost of building the road.

Council Member Gardner inquired if the road could be moved off the hillside.

Mr. Tuttle replied that it would be possible, but it may not be necessary, as the applicant did not want a four way intersection, and it would be better if it did not encumber their property.

Mayor McArthur opened the public hearing.

Elton Larson commented that connectivity was needed, and while they had no plans to immediately develop their property, they did not want the road abandoned, and that sharing expenses of the road was the fair thing to do.

Jason Tuttle commented he tried to work with the Larsons, and abandoning the road would be better for them.

Bill Hobson, developer, commented the main issue was the hillside property, and that the road master plan as depicted does not work as the road is laid out on steep hillside. From an engineering and development point of view, the road on the hillside did not make sense. He commented he was interested in working with the Larsons, and the road could be turned to avoid the hillside rather than split between the two properties.

Jolene Larson commented they tried to work with Mr. Tuttle, but his plan is to shift the road entirely on Larson property and they would have to pay the entire cost of the road. She commented they were not unreasonable and were willing to work with the developer, but the developer has not been willing to work with them.

Mayor McArthur inquired of Ms. Larson if they would be opposed to relocating the road if the developer paid for half of the road improvements.

Ms. Larson replied that they would be willing to work with them, and have tried to do so in the past.

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

Mr. Tuttle clarified that he represented Serenity Cove.

Mayor McArthur commented that the Planning Commission recommended denial of the request.

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

Mayor McArthur called for a brief break.

SIGN VARIANCE:
Consider approval of a sign variance request for the Courtyard Marriott. Young Electric Sign, applicant.

Enforcement Officer Brad Young explained the applicant would like to locate a 50' tall pole sign on the north side of their property. The request was denied because the sign is not on a major commercial street and not within the 1500' bubble from the freeway exit. A 133 sq. ft. front wall sign and monument sign at the entrance were approved.

Ray Draper, Young Electric Sign Company, explained the sign is well within the 2000' radius which is the City?s former standard. A hill is located behind the proposed sign and it will not block any view. Cladding will be installed around the pole. The height is needed for visibility from River Road.

Kevin Ence commented the sign will be located in the north end of the parking lot back against the hill and the square footage of the sign conforms to City Code. The sign will not be higher than the hotel.

Council Member Orton commented the Council?s biggest challenge was how to enforce its ordinances while making exceptions to it.

Council Member Gardner suggested an exception could be made because of the distance to the freeway exit. It meets the 2000' requirement of the City?s former ordinance.


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Page Ten

Council Member Whatcott inquired what would happen when the area southwest of the Marriott is developed and those businesses request signs.

Community Development Director Bob Nicholson explained that when the Courtyard Marriott project was approved in 2000, the City?s former sign ordinance was in effect, and the sign would have been allowed.

City Manager Gary Esplin stated an exception could be made in this case because the building permit had been issued and sign approval could have been received at that same time.

Brad Young commented that because the height of the sign is measured from the nearest curb, in actuality the sign will appear to be only 42' in height.

MOTION: A motion was made by Council Member Whatcott to approve the 50' sign with cladding because the building permit had been issued in 2000 when the City?s previous sign requirements were in effect.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for design of Snow Canyon Parkway.

City Manager Gary Esplin explained that federal money will be used for the project, with the City?s share at $148,236.

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

AGREEMENT:
Consider approval of an agreement with Sun River and SITLA to pay a pro rata share of the engineering and improvements for the MP 4 interchange.

City Manager Gary Esplin explained that this agreement is for re-examination of the Bloomington roundabouts, their design and capacity, and what can be done to better handle traffic. Sun River and SITLA will each pay $25,000, with the balance split between the City and UDOT.

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

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for the MP 4 interchange study.

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

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for the Bluff Street corridor study.

City Manager Gary Esplin explained that the only issue is the analysis of how detailed the study should be. It will cost an additional $20,000 to study the access on the Dixie Center and Layton property.

MOTION: A motion was made by Council Member Allen to approve the agreement, including the additional $20,000 to study the Dixie Center and Layton property access.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of a gas transmission agreement with Questar Gas.
City Manager Gary Esplin explained that the agreement was necessary and will cost approximately $1,000 a month. The agreement has been reviewed by the City Attorney.

MOTION: A motion was made by Council Member Whatcott 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.


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August 18, 2005
Page Eleven

AGREEMENT:
Consider approval of an FAA grant agreement for improvements at the existing airport.

City Manager Gary Esplin explained that the FAA?s share of costs to improve the taxiways is 90.8%, with the City paying the balance.

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

APPOINTMENT:
Appointments to boards and commissions of the City.

Mayor McArthur recommended that Council Member Allen be appointed to serve on the new economic workforce housing committee.

MOTION: A motion was made by Council Member Orton to appoint Council Member Allen to serve on the new economic workforce housing committee.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MINUTES:
Consider approval of the minutes of the regular City Council meeting held July 21, 2005.

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

Consider approval of the minutes of the City Council work meeting held July 28, 2005.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss a purchase and 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 Gardner - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

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

ECONOMIC DEVELOPMENT PRESENTATION:
Scott Hirschi, Washington County Economic Development Director, explained that a company wishing to remain anonymous at this time which manufactures items typically used in retail businesses is interested in building a new manufacturing facility in the Ft. Pearce Industrial Park. The company was founded in 1920 and has eight division offices throughout the western United States and employs 1200 employees. They envision a real estate purchase of $3.4 million, a construction project of $2.7 million, equipment worth $3.5 million, for a total capital investment tax value of around $7 million. Less than 100 jobs will be created, with 30 being high paid. All jobs would carry a benefit package equal to $12.00 per hour. They are requesting an incentive to help offset the cost of moving the facility to St. George. He recommended an incentive equal to 50% of the property tax for the first five years, estimated to be around $40,000 a year, for a total of $200,000 over five years.

Mayor McArthur commented that this was in line with what the City has done in the past.

Mr. Hirschi stated the next step would be to work with the City Attorney to prepare a draft incentive agreement. This would be scheduled on another agenda for approval.

Mr. Hirschi advised that he has also been working with another company since October, 2004 whose initial project size would be between $50 and $75 million, with a potential phase of an equal amount. They have applied for state incentives. This would be the

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August 18, 2005
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largest private development to ever take place in Washington County. They are also requesting incentives from the City, however, the incentive just discussed in connection with the company wishing to remain anonymous would not be adequate in this case. The City is competing with two other western states, one of which is extremely aggressive, and its offer cannot be matched. He recommended that an incentive be phased in over a period of time.

City Manager Gary Esplin replied that an EDA can go 15 years at 100%, with 20% given to housing. If a new EDA is created, this would be under a different program.

Mr. Hirschi replied that this project would go in under the existing EDA.

City Manager Gary Esplin explained that this company would employ less than 100 people, but its value to the community from a manufacturing and property tax value would be great.

Mr. Hirschi explained that the salary range would average $17.00 an hour. They would, however, have a significant demand on the City?s wastewater system. The company is highly technical with a mechanized operation, and has a tremendous spin-off potential.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss a property purchase and sale.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

The meeting adjourned following the executive session.



_______________________________
Gay Cragun, City Recorder