City Council

Thursday, September 22,2005
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 22, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order, welcomed all present, and led the pledge of allegiance. The invocation was offered by Gail Bunker.

Mayor McArthur invited those interested to participate in the meeting by offering the invocation at a future Council meeting. He then invited several Scouts in the audience to introduce themselves.

Mayor McArthur explained that the public has opportunity to make comments concerning new business at the end of every regular City Council meeting, as indicated on the agenda.

TABLE ITEMS:
City Manager Gary Esplin advised that the following items were tabled from the agenda: Item 3C, a public hearing to consider approval of the preliminary plat for Escalera Phase 3; Item 4G, to consider approval of an ordinance adopting a regional river management plan; Item 6D, to consider approval of a conditional use permit to construct a communications equipment shelter and erect a 50' pole with antennas in an R-1-10 zone located between the Serenity Hills Subdivision and Stone Cliff Subdivision on the south side of Schmutz Hill; Item 6E, a condition use permit to establish a retail sales store with outdoor display of landscape rock in a C-3 zone at 447 N. Bluff St.; Item 6F, a conditional use permit to convert property at the NE corner of 700 South and 1100 East to a car sales lot and RV rentals and provide automotive services and accessories related to car sales; and Item 6G, a conditional use permit for a new office building with a height above 35' at 400 North Bluff.

AWARD OF BID:
Consider award of bid for police interceptor vehicles.

Purchasing Manager Sue Swensen recommended purchase of 13 new four door sedans with V-8 engines through the state contract with Ken Garff Ford in the amount of $289,348.

City Manager Gary Esplin explained that the vehicles are for new officers and replacement of vehicles with mileage over 100,000. The old vehicles will be circulated for use by other departments in the City. He advised that local preference was offered to local bidders, but no bids were received.

MOTION: A motion was made by Council Member Orton to purchase 13 vehicles through the state contract with Ken Garff Ford in the amount of $289,348.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a used ejector trailer for the wastewater treatment plant.

Purchasing Manager Sue Swensen recommended purchase of a used trailer from Provo City to haul sludge in the amount of $32,000.

City Manager Gary Esplin stated staff was looking into private hauling, but did not know if there was a private sector company willing to haul the sludge.

MOTION: A motion was made by Council Member Gardner to purchase the used trailer from Provo City in the amount of $32,000.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the River Road/Brigham Road wall and sidewalk improvement project.

Purchasing Manager Sue Swensen explained that only one bid was received from BT Builders in the amount of $177,442.95. The project includes the retaining wall, privacy wall, concrete sidewalk, and 13,000 sq. ft. of landscaping and irrigation.

MOTION: A motion was made by Council Member Gardner to award the bid to BT Builders in the amount of $177,442.95.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CHANGE ORDER:
Consider approval of a change order to the contract for the Millcreek 138kV line with Jones Excavating.

Purchasing Director Sue Swensen explained that Jones Excavating has encountered an extensive amount of water and bedrock which requires extra drilling and casing. The City?s

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September 22, 2005
Page Two

digger truck was not large enough for the project. She recommended approval of the change order in the amount of $60,225.70.

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

RESOLUTION:
Consider approval of a resolution recognizing businesses for voluntarily covering explicit and objectionable materials and encouraging them to continue to do so.

City Attorney Shawn Guzman explained that the resolution formally thanks those businesses who have been doing a good job of removing objectionable material where it is not accessible to youth, and encourages them to continue to do so thereby adhering to the community standards.

MOTION: A motion was made by Council Member Allen 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 Allen - aye
Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution revising admission fees to the Dinosaur Discovery Site.

City Manager Gary Esplin explained the Dinosaur Board recommends an amendment to the fee schedule to raise admission rates to the dinosaur museum by $1.00.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for music and dancing at Laser Mania on October 28.

City Manager Gary Esplin explained that the security plan has been approved by the police department.

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

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a restaurant liquor license for La Soiree Dining Experience. Jessica Renee Lanoue, applicant.

City Manager Gary Esplin explained that the City currently has proximity requirements which spell out the distance between an establishment which sells alcohol and a library, park or church. In this case the City is trying to revitalize its downtown area and feels that restaurants which serve alcohol should be looked at differently with regard to proximity requirements. Staff met with representatives of the LDS church since the Tabernacle is across the street from the location in question, and no negative comments have been received from them. The City Council has discretion under the ordinance to allow a license to be issued if it is in the best interests of the City.

Council Member Gardner declared a conflict of interest commenting that he has nothing to do with the business, but is involved in the Plaza where the business will be located.

MOTION: A motion was made by Council Member Allen to approve the beer license and local consent for a restaurant liquor license.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye, except for Council Member Gardner who abstained from voting.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 13, 2005, recommended approval of the final plats for The Cliffs of Snow

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Canyon Plat ?J?, Primrose Pointe Subdivision Phase 2, Serenity Hills, Dolce Vista at Sunbrook Phase 1, and Twin Creeks at Stonebridge Phase 1.

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

LOT SPLIT:
Assistant Planner Ray Snyder advised that the Planning Commission, at its meeting held September 13, 2005, recommended approval of a lot split located at Sunset Blvd. at approximately 2100 West, west of Daybreak Drive subject to the recommendations of the City?s Traffic Engineer as follows: (1) the driveway on Sunset Blvd. be lined up directly across Sunset Blvd. from the Mountain America Credit Union driveway, (2) that a cross-access easement be prepared for the two lots so access can be achieved between the lots, (3) that the corner lot?s direct access be obtained on Daybreak Drive and no access will be approved on Sunset Blvd. for this corner lot, and (4) if the land use changes from an office-type use to land use with greater traffic intensity, that the driveway on Sunset Blvd. be re-evaluated by UDOT and the City to see if it is still an appropriate location for the more intense land use.

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

LOT SPLIT:
Associate Planner Mark Bradley recommended that a request for a lot split at 3430 East and 1880 South be tabled as there were still issues to be worked out with regard to the Road Master Plan.

MOTION: A motion was made by Council Member Orton to table the matter.
SECOND: The motion was seconded by Council Member Gardner.
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 recommended approval of the site plan and building elevation for a proposed hotel located within a PD zone at 2680 South between 60 East and 120 East near the northeast quadrant of the Bloomington Interchange, subject to four conditions: (1) the traffic engineer?s review and approval, (2) signage to be approved under a separate permit, (3) submittal of either a lot merge application to remove the interior lot lines, or an amended plat application, and (4) amending the site plan to meet parking requirements for hotels. City Traffic Engineer Aron Baker further recommends the following: (1) the development shall contribute a fair share of its portion of a future second access road to be built, to be determined by the City Engineer, (2) line up the project driveways so they line up with driveways across the street, both existing and future, (3) the City and UDOT are preparing to commission a study to evaluate the current Bloomington roundabout interchange, and once this study is completed, there will be mitigation measures that will be implemented to improve traffic circulation at this congested interchange. It is possible that this development will be involved in implementation of these measures to ensure left turns in the future from 60 East, and (4) all signing and striping shall conform to City of St. George and MUTCD standards.

City Manager Gary Esplin commented that the traffic generated by this project will be less than that generated by a business park, and the use is less than that allowed by existing zoning. A letter of bond for the interchange improvements is needed, and that study is taking place now.

Public Works Director Larry Bulloch commented that the interchange study is a six month study.

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

City Manager Gary Esplin noted that approval was based on the drawings presented at this meeting.

Mr. Snyder commented that the hotel is three stories, with a 61' tower.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a communications equipment shelter and erect a 50' pole with antennas in an R-1-10 zone located between Serenity Hills subdivision and Stone Cliff subdivision on the south side of Schmutz Hill. Russell Bateman, applicant.

This item was tabled.


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CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a retail sales store with outdoor display of landscape rock in a C-3 zone at 447 N. Bluff St. Robert Rusby, applicant.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to convert property at the NE corner of 700 South and 1100 East to a car sales lot and RV rentals, and provide automotive services and accessories related to car sales. W. D. Auto LLC, applicant.

This item was tabled.

CONDITIONAL USE PERMIT
Consider approval of a conditional use permit for a new office building with a height above 35 feet at 400 North Bluff, and a varied roof line with a height of 37' to the midpoint of the gabled roof, and 44' to the roof peak of the main roof line, with a clock tower steeple height of 76' and 82' to the pinnacle point. Paul Ellsworth for Highpoint LLC, applicant.

This item was tabled.

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

Assistant Planner Ray Snyder advised that this item was previously tabled from the August 18 City Council meeting because the applicant was not present to answer questions.

Mayor McArthur explained that Council?s concern was if the antenna needed to be that high, or if its purpose could be accomplished at a decreased height.

A gentleman representing General Dynamics explained the history of the site. Five new sites are planned with four rooftop sites. One pole site is needed. He stated that the proposed site will act as an anchor site in the industrial area. Nearby power transmission lines are located on 80' wood poles, and new steel transmission lines will be mounted on poles as high or taller than the existing wooden poles. The proposed pole is a slim-line pole, 17' in diameter at the top. The height is needed to provide overlap coverage with other rooftop sites, and if it is built any lower, more of the coverage will go into the ground. If it were built at a decreased height, more sites would be needed. The pole will be designed so that other carriers can co-locate on it.

MOTION: A motion was made by Council Member Bunker to approve the conditional use permit with the stipulation that it be painted a color to blend in with the landscaping, and not painted white or reflective.
SECOND: The motion was seconded by Council Member Whatcott.

Mayor McArthur clarified that the color of the pole would have to be approved by staff.

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

PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Huntington at Stonebridge Phases 5 and 6. Brian McMullin, applicant.

Associate Planner Mark Bradley explained that the Planning Commission recommended approval.

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

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Foremaster Ridge Phase 5. Doug Rogers, applicant.

Associate Planner Mark Bradley advised that the Planning Commission recommended approval.

Doug Rogers, applicant, explained that the rock walls along the entire west ridge will be a maximum of 8' in height, of basalt rock, and will be colored to match the natural ridge.

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

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

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September 22, 2005
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VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Escalera Phase 3. Milo McCowan, applicant.

This item was tabled.

PUBLIC HEARING/BOUNDARY LINE ADJUSTMENT/ORDINANCE:
Public hearing to consider approval of a boundary line adjustment with Santa Clara City to remove 12.75 acres of property located west of Chaco Bench Phase 2 in the northwest area of the Entrada development from St. George City and include this area within Santa Clara City. Shan Gubler, applicant.

Community Development Director Bob Nicholson explained that the initial request was for 12.75 acres, but has been scaled down to 10 acres.

Community Development Director Bob Nicholson explained that the applicant has a large development proposed for the Santa Clara and Ivins area. One letter of opposition has been received. The applicant proposed a wellness center and spa as part of the project.

Shan Gubler, applicant, explained he has a wellness center and spa planned for the area, which straddles two boundaries. He would like to bring the property into Santa Clara so the facility will be under the jurisdiction of one city. He stated that even if the boundary line adjustment were not approved, the present zoning entitles him to locate a wellness center and spa on the property. Additionally, the project falls within the Entrada CC&Rs and fits in the Entrada master plan.

City Manager Gary Esplin commented that there was no commercial zoning in that area.

Mr. Nicholson explained that the proposed wellness center and spa would require an amended PD request, as the master plan for the area shows residential or open space only.

Mr. Gubler clarified that the wellness center and spa had been approved by Entrada.

Council Member Gardner inquired about open space.

Mr. Gubler replied that the proposed setbacks are greater than the residences, and accommodations will be put throughout the lava fields. The proposed ten acre development is consistent with Entrada?s master plan.

Mayor McArthur opened the public hearing.

Alan Dredge commented he was a multiple property owner in Chaco Bench across from the proposed boundary change, and he was opposed to the request due to increased traffic, lights, and height of the proposed buildings. He stated the boundary change was premature because not enough information is known about the project in the golf community. He stated he was on the board of trustees for the golf course and this project had never been brought before the board. He expressed concern with the commercial use of the property, and suggested that the matter be tabled until more information could be ascertained about the impact it will have on those around it.

An unidentified man commented that the project would be directly to the north of the roundabout, and he was not aware of any proposed lot changes to the west. He expressed concern about height restrictions to the north.

Kent Marlow, owner of Lot 46 on the corner, stated he was not notified of the meeting and expressed opposition to the proposal.

Paul Kline, an owner in Chaco Trail, stated he was not aware that Entrada had approved commercial zoning in the area, and since the proposed project affects all owners in the gated community, all should have received notices of this hearing. He commented there could only be one reason the applicant wants to build his project in Santa Clara rather than St. George, and that is because of Santa Clara?s flexible building regulations. He suggested that the matter be tabled until all property owners are noticed and can respond. He stated he was opposed to the request. He also expressed concern with emergency services in the area.

Jan Mower, owner of Snow Canyon Marketing and an owner in Entrada, explained that she had advised all purchasers of property in the area that the lava fields would remain open space, per the developer. She urged denial of the request.

Mary Ellen Kline, a resident of Entrada, stated that none of the developers proposing to change the area live in Entrada and to them it is just a business. She urged denial of the request.

Mike Curtis, a resident of Chaco Bench, stated he felt the property in question should remain in St. George.

Shan Gubler, applicant, stated he would be happy to meet with Entrada residents again, and whether the building is built in Santa Clara or St. George, it will be built to the same high standards. Further, he is not trying to do anything to degrade the Entrada development, and many residents of Entrada do approve of the project.

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



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September 22, 2005
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Council Member Allen commented she felt it would be useful for Mr. Gubler to meet with Entrada homeowners and the golf board to get a consensus.

Council Member Orton commented he felt the proposal would not hurt Entrada and he could not imagine having to coordinate construction of a project within three different jurisdictions.

Council Member Whatcott suggested that a wall and gate be put in at the roundabout to make Entrada a true gated community. He stated he did not see a buffer created between the residential and commercial area, and the City needed to make sure its citizens were protected and a buffer created. He suggested the matter be tabled.

MOTION: A motion was made by Council Member Whatcott to table the matter to give Mr. Gubler time to meet with area residents.
SECOND: The motion was seconded by Council Member Gardner.

Mr. Gubler stated he would send out letters to all residents and meet with them once again, and notify the City when he was ready to have the matter heard again.

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

PUBLIC HEARING/AMEND PLAT:
Public hearing to consider a request to amend the recorded plat for Riverwood Phase 4 to change the private ownership locations for pads 251 and 252, enlarge pads 250 and 252, and adjust other pads to match existing homes, generally located at 1240 West Indian Hills Drive. Aaron Niemann and Kent Prestwich, applicants.

Community Development Director Bob Nicholson explained that when the project was developed, an error was made in the layout of the pads and some do not fit the plat. The Planning Commission recommended approval because it solves some problems for the existing homeowners, subject to (1) the home on pad #252 cannot exceed 2,000 sq. ft. in size and (2) the site plan for pad #252 be submitted to the Planning Commission for approval prior to issuance of a building permit for the home. Mr. Nicholson advised there was opposition to the request.

Mayor McArthur opened the public hearing.

An unidentified gentleman, owner of Lot 255, advised that he met to discuss Mr. Nieman?s plans with him and has since signed off on his preliminary plan. Mr. Nieman will not build his home in such a manner as to obstruct his view.

Aaron Nieman stated that when he purchased the property he did not know there was a problem, and he will keep the home profile as low as possible.

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

City Attorney Shawn Guzman explained that the City will be acquiring some of the lots within the plat because of flooding, and this would be a good time to exclude those lots from the PD by amending the plat. However, there is still some question as to where the City is in the process of acquiring the lots. He suggested the matter be tabled until the next meeting to give staff time to meet with owners in Creekside and Riverwood to address this issue.

Aaron Nieman commented that he has had a sale pending since May and would like to get the matter accomplished as soon as possible. He advised that he could wait another two weeks to have the plat approved.

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

Mayor McArthur called for a five minute break.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider a request to amend Title 10, Chapter 7F, Residential Central City Zone, St. George City Code, to make modifications and include a section on architectural standards.

Community Development Director Bob Nicholson reviewed the suggested amendments. He advised that the Planning Commission recommended approval.

Council Member Whatcott expressed concern with the guest parking provisions, noting that there is already a problem with multiple cars parked in areas where parking is not provided.

Mr. Nicholson replied that there are parking standards which require parking for two cars per unit, and private lanes cannot be obstructed to less than 20'.

Council Member Bunker suggested that parking could be accommodated by use of alleyways and parking in the back of homes.

Mr. Nicholson stated that a rear alley project could be accommodated if one comes along.

Mayor McArthur opened the public hearing.

Gloria Shakespeare suggested that the committee study landscape guidelines and make a recommendation to the City Council at a future date.

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September 22, 2005
Page Seven

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

MOTION: A motion was made by Council Member Bunker to approve the ordinance as presented.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to C-2 on 0.56 acre located at about 100 South and 1470 East south of the Settler?s RV Park. Brett Burgess, applicant.

Community Development Director Bob Nicholson explained that the property consists of a remnant half acre located between the Settlers RV Park and the new Marriott Hotel development. In order to clean up the plat, the Planning Commission recommended approval.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from PD Residential to R-1-10 on 1.88 acres located on 1100 East at about 1000 South. Kevin Ence, applicant.

Community Development Director Bob Nicholson explained that this property was zoned PD Residential less than a year ago, but the applicant has since changed his mind and prefers to do a conventional subdivision. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing.

Garry Bedingfield stated he had a home in Southfield Estates and had concerns that the single family subdivision architecture may conflict with the southwestern architecture of the nearby Episcopal church, that multi-story homes should not be allowed as nearby homes would suffer diminished privacy, and that drainage problems should be addressed.

City Manager Gary Esplin clarified that the applicant could wait four months for the zoning to revert back to R-1-10 and proceed with his project then, and there would be nothing the City could do to prevent him from building an R-1-10 project.

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

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

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

The motion carried.

Associate Planner Mark Bradley explained that a privacy wall is not required because the adjacent zoning is R-1-10, but a privacy wall is shown on the applicant?s plans.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-2 to C-1 on .20 acre located at 243 North 400 West. Jan Kucera for Contempo Tile, applicant.

Community Development Director Bob Nicholson explained that parcels to the south are zoned C-1, property to the west is C-3, and property to the north is R-2. The applicant will remove small duplexes on the property to make additional access and employee parking. The Planning Commission recommends approval.

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September 22, 2005
Page Eight

Mayor McArthur opened the public hearing.

Chris Hill, representing the applicant, distributed a hand-out and advised that the proposal includes landscaping and fences, and that concerns of the neighbors will be honored.

Marilyn Sudimoto expressed concern with the safety of children if an access is granted on to 400 West Street.

Mr. Hill replied he did not feel an access on to 400 West would increase traffic.

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

Mr. Nicholson explained the request is consistent with the general plan.

MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance.
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 - no

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-20 to R-1-10 on 19.32 acres located at 1000 South and 3000 East. Cary Blake, applicant.

Community Development Director Bob Nicholson explained that the subject area is an area in transition. The request is consistent with the general plan, and the Planning Commission recommends approval.

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

Council Member Whatcott commented that while he was not opposed to the zone change, he wondered if approval of this request meant that the AG-20 property to the west and north would also eventually be zoned R-1-10. He stated he hoped the price range of the smaller lots would be less than for lots with R-1-12 zoning.

City Manager Gary Esplin stated that the entire area need to be looked at if the City is to make a dent in attainable housing. There is a not a lot of undeveloped property left, and the City has to do something about affordable housing.

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

The vote was unanimous and the motion carried.

ORDINANCE/AMEND CITY CODE:
Consider approval of an ordinance amending the St. George City Code to clarify that federal requirements supercede the local vendor preference on federally funded projects.

City Manager Gary Esplin explained that any time federal funds are used for a project, the City cannot use its local bidding preference, and the ordinance needs to be amended to reflect this fact.

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

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

The vote was unanimous and the motion carried.

REQUEST TO MAINTAIN WATER LINES:
Consider approval of a request by the AOPC for the City to maintain water lines beyond the meter.


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September 22, 2005
Page Nine

Water Services Director Barry Barnum explained that a request has been received from the AOPC to maintain water lines within PUDs beyond the meter, and a memorandum of understanding has been developed to establish criteria for taking over the water systems where an individual meter would normally be located. The MOU was reviewed by the Water and Energy Board and comes with a recommendation for approval. The criteria for acceptance is if the PUD is qualified under the guidelines to be billed as though they have individual 3/4" meters and will apply only to water lines that are located within the streets. There will be a little over 30 projects which qualify.

Council Member Orton inquired how other cities handle similar situations.

Mr. Barnum replied that he had not checked with other cities.

Jerry Campbell commented that the only PUDs which can qualify are those who qualify for 3/4" meters. The agreement is for a three year trial period on a 50/50 cost share basis for problems with the water lines under the street. Qualified projects have paid their impact fees. If at the end of the trial period the cost sharing does not exceed more than 10% of the cost to maintain standard neighborhoods, then the City would take over the lines 100%, as it does the sewer.

Council Member Orton commented that in order to be fair, if the City takes over maintenance of water lines in one PUD, it should do so in all PUDs.

Mr. Campbell commented that if the PUD is qualified and paid its impact fee, it may participate in the three year trial period.

City Manager Gary Esplin commented that the PUDs had to bring their sewer lines up to standard in order to have then maintained by the City. The issue with the water lines is the impact fee credit. Those paying the credit are the ones who can participate in the trial period.

Mr. Barnum advised that it is the City?s intent to take over all of them as they qualify.

Mr. Esplin explained that PUDs built now all have individual meters.

Mr. Barnum explained that the City would repair holes in the street caused by the maintenance, even if the street is private.

Council Member Allen clarified that the City would maintain and repair water lines located in the street to the curb only.

Mayor McArthur commented that water lines outside of the street are the responsibility of the PUD.

MOTION: A motion was made by Council Member Gardner to approve the request.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, as follows:

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

The motion carried.

COST SHARING AGREEMENT:
Consider approval of a cost sharing agreement with Quality Excavation.

City Manager Gary Esplin explained that the purpose of the agreement is for oversizing of storm drain lines in the Little Valley area. $85,000 is the City?s share of the total project cost.

MOTION: A motion was made by Council Member Garnder 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.

CONTRACT:
Consider approval of a contract with Psomas Engineering to provide services for river armoring.

City Manager Gary Esplin proposed to hire Psomas Engineering to help the City with procuring easements and rock sources for the NRCS project.

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

Mr. Esplin explained that the area covered includes the Springs area, the park in the Springs, between River Road and the U-15 freeway bridge, from Bloomington on the south side of the river from Walmart to below the bridge, from the bridge south around the Gardens area, a section in the Sunbrook area, Rivers Edge Subdivision, and around the golf course in Sunbrook.

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




St. George City Council Minutes
September 22, 2005
Page Ten

AMENDMENT TO CONTRACT:
Consider approval of an amendment to the contract with Landrum and Brown on the replacement airport EIS.

This item was tabled.

CONTRACT:
Consider approval of a contract with PEC for traffic engineering services.

City Manager Gary Esplin explained that a study was needed on how to handle traffic flow on Red Hills Parkway at 1000 East and 200 East.

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

BEER LICENSE:
Consider approval of a beer license for Christensen?s Green Valley Market. Roy Cook, applicant.

City Manager Gary Esplin explained that Roy Cook is the new owner of the Green Valley Market. Staff recommends approval.

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

AGREEMENT:
Consider approval of an agreement with Washington County and the Washington County Water Conservancy District regarding emergency watershed protection measures.

City Manager Gary Esplin explained that the purpose of the agreement is to handle the match required under the NRCS. The agreement stipulates that the City will be responsible for securing rights-of-way, rock sources, and pay match amounts for improvements in the City?s jurisdiction.

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

NEW BUSINESS:
Mayor McArthur inquired if there were any new business or comments from the City Council, staff, or members of the audience.

Brian Passey briefly updated the Mayor and City Council on his recent trip to the Gulf states to aid victims of Hurricane Katrina.

MINUTES:
Consider approval of the minutes of the regular City Council meeting held August 4, 2005.

MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
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 August 25, 2005.

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

ADJOURN TO EXECUTIVE SESSION:
A motion was made and seconded to adjourn to an executive session to discuss personnel and property issues. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

The meeting adjourned upon the conclusion of executive session.




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Gay Cragun, City Recorder