City Council Minutes

Thursday, July 21,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 21, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS


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

EXCUSED:
Mayor Daniel McArthur

APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Orton to appoint Council Member Larry Gardner as Mayor Pro Tem in the Mayor?s absence.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Council Member Gardner called for a vote, and all voted aye. The motion carried.

OPENING:
Mayor Pro Tem Gardner called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Orton and the invocation was offered by David Summerhays.

Courtney Stephens advised that City employee J. L. Lund recently pulled a man from a motor home which was on fire. Mayor Pro Tem Gardner presented Mr. Lund with a key to the City.

Pat Owen and John Whatcott, representing the Southern Utah Senior Softball Association, thanked the City Council for its support and presented City Council members with hats.

Mayor Pro Tem Gardner invited several Scouts in the audience to introduce themselves.

AWARD OF BID:
Consider award of bid for the new sewer line along Southgate golf course.

City Manager Gary Esplin recommended that all bids be rejected and the sewer line not be constructed at this time due to a design issue.

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

AWARD OF BID:
Consider award of bid for two 2006 HD Roadking police motorcycles with accessories.

Purchasing Agent Sue Swensen explained that a local vendor, Zion?s Harley Davidson, has agreed to match the state contract bid of $29,772, including accessories.

MOTION: A motion was made by Council Member Allen to award the bid to Zion?s Harley Davidson in the amount of $29,772.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

AWARD OF CONTRACT:
Consider award of a professional services contract for marathon logo design/branding strategies.

Purchasing Agent Sue Swensen advised that a request for proposals was distributed and several were received. After review, it is recommended that the contract be awarded to BOWG in the amount of $15,000.

Leisure Services Director Kent Perkins explained that the bid included branding strategy, letterhead, web site design, and a new logo for the marathon which the City will use permanently thereafter.

MOTION: A motion was made by Council Member Bunker to award the contract to BOWG in the amount of $15,000.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

ABANDONMENT ORDINANCE:
Consider approval of an ordinance abandoning a portion of roadway created by the realignment of 1100 East Street as platted between Block 29, Plat E, and Block 72, Plat B of the St. George City Survey.

City Manager Gary Esplin recommended approval subject to having the property appraised.



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July 21, 2005
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MOTION: A motion was made by Council Member Orton to approve the abandonment ordinance.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE; Mayor Pro Tem Gardner called for a roll call vote, as follows:
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 12, 2005, recommended that public hearings be scheduled for August 18, 2005 at 5:00 p.m. to consider (A) a request to amend the General Plan Land Use Map to change the land use designation of Open Space to Commercial on approximately 9.29 acres of property located east of the Riverside Drive extension, northwest of the Virgin River, and south of Netta?s Knoll; (B) A request to amend the General Plan Road Master Plan to eliminate a master planned 50 ft. right-of-way designated to extend north to northeast from 2780 East at the location of Rasmussen Drive and the 2780 East Street intersection and connect into 3000 East Street at the vicinity of 1700 South; (c) A zone change request to adjust existing boundaries between two zones, R-2 and R-1-10, in preparation of the Stonebridge Drive extension alignment and connection to Valley View Drive; and (d) a request to amend Title 10, Chapter 2, St. George City Code, addressing guest houses (casitas) as a permitted use subject to specified standards.

Mr. Bradley explained that the erosion study is not yet complete for the the General Plan land use amendment, and inquired if the City Council wanted to postpone the public hearing until then.

City Manager Gary Esplin commented that the erosion boundary may have a significant effect on the property in question, and the City Council may want to wait to take action until it is completed.

Mayor Pro Tem Gardner suggested the matter be postponed.

City Manager Gary Esplin suggested that the public hearing could proceed as long as the applicant understood that a building permit could not be obtained until staff makes a recommendation on the erosion study.
Council Member Orton commented he would prefer waiting until he could see the eroision report.

MOTION: A motion was made by Council Member Orton to schedule the public hearings for August 18, 2005 except for the request to amend the General Plan Land Use Map which will be scheduled at the first appropriate meeting after a recommendation by staff on the erosion study is made.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 12, 2005, recommended approval of the final plats for Kachina Springs East Phase 2, Paragon Cove Townhomes at Stone Cliff Phase 4, Bloomington Courtyard Commercial Center Phase No. 5, Bloomington Courtyard Professional Office Condominiums, Tuscany Ridge Subdivision Phase 1, and The Terraces at Seven Hills Phase 2.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley explained that the Planning Commission recommended approval of a hillside development permit for a proposed residential development located at 2450 South and approximately 1400 East subject to the recommendations of the Hillside Review Board, as follows: (1) landscaping and landscape plan, (2) restoration bond in place prior to obtaining a grading permit, (3) obtaining a grading permit before any further work is done, (4) a 10 foot bench, and (5) a minimum of 40 trees, 15 gallon 1 ? caliper, planted on the bench with a drip system installed.

Council Member Whatcott inquired about the purpose of the trees.

Mr. Bradley replied that the trees were for mitigation of the grading of the upper area.

Council Member Whatcott commented that the trees were not indigenous to the area and wondered if they were required in part as a penalty for the incorrect cutting of the hillside.

MOTION: A motion was made by Council Member Whatcott to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
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VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

LOT SPLIT:
Assistant Planner Ray Snyder explained that the Planning Commission recommended approval of a lot split for Lot 1, Millcreek Commercial Center subject to the following conditions: (1) provide separate deeds for each parcel, (2) provide legal descriptions for each lot, (3) a utilities and drainage easement shall be completed, notarized and recorded, and (4) the applicant shall submit all documents for review by the City Attorney?s Office.

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

BUILDING PERMIT WITH USE OF SEPTIC TANK:
Associate Planner Mark Bradley explained that the Planning Commission recommended approval of a request to build a home with use of a septic tank on property located east of SR 18 at approximately 4200 North. The property is currently zoned Mining and Grazing, 20 acre minimum. The applicant, Lee Snow, has agreed to extend a water line for a fire hydrant. The applicant will need to pave a private road to City standards to his property.

Mayor Pro Tem Gardner declared a conflict of interest because the proposed road crossed his property.

Council Member Whatcott inquired if the applicant was willing to sign an agreement that he would hook to the sewer when available.

City Manager Gary Esplin replied that the applicant has agreed to sign an agreement as part of the building permit process.

MOTION: A motion was made by Council Member Whatcott to approve the building permit with use of a septic tank, subject to the applicant signing an agreement that he will hook to the sewer when it becomes available.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, as follows:
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Orton - aye
Mayor Pro Tem Gardner - abstained

The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a city park with ballfields and other amenities on approximately 16 acres located on Horseman?s Park Road at about 2350 East. City of St. George, applicant.

Assistant Planner Ray Snyder explained that in addition to ball fields and soccer fields, the project will also include an irrigation system with water pump station and associated pond for the purpose of using reclaimed water for irrigating landscaping at the proposed sports complex and nearby schools. Concerns of nearby residents include the distance of the ballfields to their homes, lighting, noise, parking, hours of operation, and the lack of a traditional neighborhood park. No sound system is planned to be installed, but a portable sounds system may be used as part of a large, national tournament. The distance between the northerly property line of the sports complex and the homes is 18'.

Leisure Services Director Kent Perkins explained that there is 13-18' between the back property line of the homes and City property, and then another 20' to the fence of the sports complex. Mr. Perkins explained that in the late 90's the School District approached the City about the possibility of selling them the Snow Park ball diamonds. Plans were formalized in 2000 when they made a formal petition to the City Council to purchase the site. The agreement at that time was that the School District was obligated to replicate the ball diamonds somewhere else in the community and to provide value for the land and amenities in the field. The site selected was the site in Little Valley, in an agricultural zone, adjacent to proposed school buildings. As part of the agreement, the City and School District would jointly develop a water distribution system and create distribution lines for school and park sites. In January 2003 a sherette was presented to the three property owners of the site to accomplish three purposes - a softball complex, soccer fields, and a neighborhood park. A number of designs were presented to staff and City Council, and the proposed design was felt to accomplish most of the needs. An architect was hired, and a lot of work has been done on the roads, water systems, schools, and other details. The plans for this complex have never changed and have been a part of the public process for many years. The first phase of the project would be a neighborhood park on six to 14 acres, with the design process to begin immediately. Mr. Perkins explained that in comparison, the Canyons complex has seven fields on 27 acres. This project is 16 acres, including all parking and land around the fields. New advances in lighting will save 50% of the spillage over the system at the Canyons. 16 light poles are planned. The intent is for the fields to be used in the same manner as the Snow Park fields - for local league play at any level. Any time 40 teams are surpassed in a tournament, a satellite system will be used. There are no major tournaments proposed to be hosted at this site. A portable sound system could be used. The goal is to have the last game played at 9:00 or 9:30 p.m. The possibility of installing play equipment as part of the sports complex has also been looked at. There will be 109 adjacent parking spaced, with more spaces


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available at the nearby school through use of a shared parking agreement, for a total of 250 parking spaces.

City Manager Gary Esplin stated it was his understanding the school had to be complete and open in 2008.

Mr. Perkins commented that it made sense to participate with the School District in grading the site so it could be used for overflow parking.

Mr. Esplin explained that there is an agreement between the City and School District that when the pond is built, water can be used to water the school across the street from the sports complex.

Leisure Services Director Kent Perkins explained that the fields will be gated, but Snow Park is an open access facility, and the new sports complex will have to be too. The schools and neighborhood will have access. The fields will be locked only if the fields have been prepared for tournament or league play.

Al Burningham, a resident of the Knolls, commented that he had a petition signed by 61 neighbors requesting that the matter be tabled until the complex could be reconfigured to meet the needs of the neighborhood, or denied. He commented that the plan was now obsolete and neighbors were not involved in the process. He expressed concern about the proximity of the ballfields to homes, traffic, strangers, lack of playing area for spectators? children, and inadequate parking. He requested that no ball games be played past 10:00 p.m., and requested a schedule of the days and times the fields would be used.

Brett McElyea advised that the ballfields were located 200' from his backyard where his three children play.

Mayor Pro Tem Gardner inquired if the area could be netted.

Mr. Perkins replied that the area could be netted.

Mr. McElyea expressed concerns about speeding vehicles and suggested that the parking lots be reconfigured.

Betsy Simmons, a resident of Meadow View Heights, advised there were 300 families in the Knolls and 250 in Meadow View, and 750' of netting would have to be installed for safety. She stated the proposal was not a neighborhood complex and is proposed as a money-making operation, and not for local ball play. She suggested the complex be moved further away from the homes and expressed concern with the noise level and lights. She suggested that any decision be tabled.

City Manager Gary Esplin clarified that the City is not building the complex to make money, but to replace the ballfields at Snow Park which are being used to expand Dixie High School. The City is not building the complex as a money-making operation, but to accommodate the recreational programs of the community.

Mayor Pro Tem Gardner commented that while there will be tournaments and spillover from other fields as in the past, the fields would be used mostly for community neighborhood events.

Council Member Allen commented that the fields generally would not be locked to the neighborhood, but only if the fields had been prepared for an upcoming game. Drinking is not allowed in City parks.

Greg Wagner commented that he was completing a home in the Knolls which would view the proposed parking lot, and while he was not objecting to the park, it needed to be reconfigured away from the adjacent homes. He suggested the matter be tabled for more discussion.

Council Member Allen advised that she visited with the engineer for the school site and inquired if there was a possibility of moving the school. He advised that this would require at least $200,000 in ground work because of a rock ledge, and the site would have to be blasted and excavated, and fill dirt brought in. The ponds would have to be moved as well.

Council Member Whatcott commented that there was no value in tabling the issue, as the issue at hand is a conditional use permit, not the final plan for the complex.

Mr. McElyea inquired if there would be a bridge across the street for park access.

Mr. Perkins replied that the design is still being worked on.

Mr. McElyea suggested eliminating one ball diamond and replacing it with a park.

Council Member Allen advised that the ball park design would still be open for discussion and tweaking.

MOTION: A motion was made by Council Member Allen to approve the conditional use permit with input from the community to mitigate problems as the City prepares the final design.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.


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Page Five


Leisure Services Director Kent Perkins asked that residents select representatives in order to communicate with them on site plans, the water system, etc. Major issues can be defined and addressed and brought back to the City Council at a future date.

Mayor Pro Tem Gardner called for a short break.

PUBLIC HEARING/PRELIMINARY PLATS:
Public hearing to consider approval of the following preliminary plats: Desert Shadow at Painted Desert; The Cliffs at Snow Canyon Plat H; and a minor subdivision with three lots for the Trendwest development project at Plantations Drive and south of Canyon View Drive.

Mayor Pro Tem Gardner opened the public hearing to consider approval of the Desert Shadows at Painted Desert preliminary plat. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendations of the Planning Commission, as follows: (1) hillside development permit conditions, (2) Lot 13 requires a minimum lot size of 10,000 sq. ft., (3) privacy wall setback shall be 10' from the sidewalk, and (4) establish a homeowners association to maintain the landscape strip, including street trees, along 2450 South Street.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

Mayor Pro Tem Gardner opened the public hearing to consider approval of the preliminary plat for The Cliffs at Snow Canyon Plat H.

Rick Lewis expressed concern with the elevation of lots behind the Entrada area. He suggested the area be graded to a level even with Entrada and a privacy wall built.

There being no furthur public comment, Mayor Pro Tem Gardner closed the public hearing.

Associate Planner Mark Bradley explained that the only time the City becomes involved in the elevation of a project is if there are expansive soils problems. There is not a provision for a privacy wall between PD zones.

City Manager Gary Esplin explained that there was no requirement for someone to protect the views of another, and the City Code sets the height limit for buildings. There is nothing in the Code which requires someone to excavate their site down to match the elevation of an adjacent subdivision.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendations of staff and the Planning Commission, as follows: (1) hillside development permit condition, and (2) establish a 20' building setback from the top of drainage way (wash).
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye, except for Council Member Whatcott who momentarily stepped away from the stand and did not vote. The motion carried.

Associate Planner Mark Bradley advised that the Planning Commission recommended approval of a minor subdivision with three lots for Trendwest subject to resolving the remnant parcel between the proposed parcels and the Plantations Road right-of-way.

Jeff Chapman explained that as far as maintenance of the landscape strip, he could not speak for Worldmark, but was sure it could be worked out.

Mayor Pro Tem Gardner opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Bunker to approve the minor subdivision subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye, except Council Member Whatcott who abstained from voting. The motion carried.

PUBLIC HEARING/ORDINANCE/AMEND PD:
Public hearing to consider amendment of the Emerald Ridge Planned Development Residential zone located at 1806 North Dixie Downs Road. Frank Lindhardt, applicant.

Community Development Director Bob Nicholson explained that the property is located on the former Dixie Downs racetrack. The original project on this property was for a Robbins rertirement center with an age restriction. However, after approval the project was never built. A new plat was recorded called Emerald Ridge and the developers are requesting that the age restriction be removed. The applicants have decided not to pursue the placement of RV pads between the units after a recommendation of denial by the Planning Commission. The Planning Commission recommended deletion of the age restriction.

Mayor Pro Tem Gardner opened the public hearing. There being no public comment, he closed the public hearing.


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Page Six

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to R-1-12 on 22.83 acres located at the northeast corner of the intersection of 2780 East and 1450 South streets. Neil Schmutz, applicant.

Community Development Director Bob Nicholson explained that the Planning Commission recommended approval. The Washington City general plan specifies the area as low density residential.

Mayor Pro Tem Gardner 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 Bunker - aye
Council Member Allen - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE/AMEND CITY CODE:
Public hearing to consider amendments to Title 10, Chapter 13A, St. George City Code, to revise the density and disturbance standards and to establish additional design standards in the hillside development overlay zone.

Community Development Director Bob Nicholson explained that the purpose of the hillside ordinance is to protect the hillsides, give the City identity, provide economic assets to the City, and prevent development on steep slopes. After discussion with legal staff and a land use expert, it was determined that rather than prohibiting development, it would be better to reduce the density with a density transfer bonus. He then reviewed the proposed changes to the ordinance. The Planning Commission recommends approval with the recommendation that those projects already approved be exempt from the new provisions.

Council Member Allen inquired if density transfers could be made to property not adjacent to the hillside property.

City Manager Gary Esplin replied that this could create problems with the master plan.

Mr. Nicholson advised that he was not aware of any situation where a property owner did not own the slope area along the hillside property.

Mayor Pro Tem Gardner opened the public hearing.

Steve Austin stated that the City had a responsibility to protect the hillsides, and he praised the work the City had done so far. He stated the proposed revisions were praiseworthy and asked the City Council to consider prohibiting development on slopes with a 30% grade or higher, as done by other cities. He stated he supported the concept of homes with an earth tone exterior color, setbacks, and expressed opposition to any modification of a ridgeline in order to improve the view for the resident. He also suggested placing a height restriction on buildings on a hillside.

Tom Wheeler stated it was important that a community treasure its environment and urged support of tougher hillside standards.

Ken Puchlik, a member of the Hillside Review Board, expressed support for the proposed revisions and strongly urged the City Council to prohibit development on slopes with a grade of 35% or higher.

Jim Coleman inquired about reference to commercial development on hillsides.

Mr. Nicholson replied that in commercial areas no density transfer is allowed, but 10% of the site may be disturbed compared to 5% for residential. There are not a lot of steep slopes with commercial zoning.

There being no further pubic comment, Mayor Pro Tem Gardner closed the public hearing.

MOTION: A motion was made by Council Member Orton to approve the ordinance as written, noting that continued improvements to it may be made in the future.

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SECOND: The motion was seconded by Council Member Whatcott, who requested that the provision that no modification to the ridgeline in order to improve a view be added to the ordinance. Council Member Orton agreed to add this provision to his motion.
VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Mayor Pro Tem Gardner - no

The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment to Title 10, Chapter 10, St. George City Code, to require design review by the Planning Commission and City Council for new commercial buildings with a ground floor area of 40,000 sq. ft. or more.

Community Development Director Bob Nicholson explained that the change requires design review by the Planning Commission and City Council of all buildings over 40,000 sq. ft. built within commercial zones. The Planning Commission recommended that all buildings over 20,000 sq. ft. within commercial zones be reviewed.

Mayor Pro Tem Gardner opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Bunker to approve the ordinance, requiring all buildings over 20,000 sq. ft. within a commercial zone to be reviewed by the Planning Commission and City Council.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:
Council Member Bunker - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE/CITY CODE:
Public hearing to consider standards for the construction, height, and setback of rock walls.

Assistant City Engineer Jay Sandberg explained that as discussed in a recent work meeting, the recommendations for standards for rock walls 16-20' in height are as follows: (1) walls 16-20' in height are only allowed on existing subdivision where the preliminary plat or construction drawings already approved show the walls, (2) the wall must meet all standards for 16' walls, including structure and property line set backs, (3) continuous inspection is required, and (4) the wall must meet the ARC minimum rock material specifications.

Mayor Pro Tem Gardner opened the public hearing.

Lowry Snow, representing Stone Cliff, requested that any motion to approve the ordinance be made subject to the conditions as reiterated by Mr. Sandberg with regard to Stonecliff and its pending phases.

Ken Puchlik urged approval of the ordinance.

There being no further public comment, Mayor Pro Tem Gardner closed the public hearing.

MOTION: A motion was made by Council Member Whatcott to approve the ordinance subject to review by the City Attorney?s Office and with the four stipulations as set forth by Jay Sandberg.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows:
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Bunker - aye
Mayor Pro Tem Gardner - aye

The vote was unanimous and the motion carried.

VARIANCES TO SIGN CODE:
Consider approval of a three variances to provisions of the pending sign code: (1) Stephen Wade Auto on Hilton Drive; (2) Red Hills Suzuki at 116 W. St. George Blvd.; and (3) Desert Coach RV at 1100 E. Tabernacle.

Enforcement Officer Brad Young explained that he denied the request by Red Hills Suzuki because the signs would be within 100' of each other as required by City Code.

Mike Hamlin with Rainbow Sign stated that the City Code does not allow building wall signs to protrude higher than the building, so Suzuki has detached the sign from the building which categorizes it as a freestanding sign. The proposed changes to the facade of the building is


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July 21, 2005
Page Eight

a considerable improvement over the building presently located on the site, and Suzuki is not willing to change the sign on the building.

Les Stoker explained that because one sign is proposed to be detached from the building, it is considered to be a freestanding sign, and its size and height is allowed by ordinance. There is, however, only 88' between the two freestanding signs, and the ordinance requires 100'.
He stated that the applicants began the project before the pending sign ordinance was approved, and that is the issue.

Mr. Young advised that he received the request for a sign variance on June 28.

Mr. Stoker disagreed and stated the request was submitted three months ago.

City Attorney Shawn Guzman commented he could not believe Suzuki did not have an alternate sign plan for those cities across the country which require monument signs.

City Manager Gary Esplin inquired if the City was going to allow national franchises to dictate the City?s sign ordinance.

Community Development Director Bob Nicholson advised that the sign on the building could qualify as a wall sign if it were lowered.

City Manager Gary Esplin stated that in this event, the sign would then meet the current ordinance and pending ordinance.

Dave Listal, part owner of Suzuki, urged approval of the variance, but advised that he would contact Suzuki to see if they would allow the sign to be lowered. If not, the building would not be remodeled as proposed.

Council Member Whatcott commented that the City could not nor would it want to be controlled by a national franchise.

Les Stoker advised that Suzuki previously refused to lower the sign on the building.

Council Member Allen commented that all over the country cities are requiring major franchises to change their signage, and she would be surprised if Suzuki did not have an alternate sign plan.

Mr. Listal advised that he would check with Suzuki for permission to lower the sign.

Mayor Pro Tem Gardner commented that the sign would then have to be attached to the building.

City Manager Gary Esplin recommended denial of the request, urging the applicant to come back with an alternate plan which meets the current ordinance and pending ordinance.

MOTION: A motion to deny the sign variance for Suzuki was made by Council Member Orton.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

Enforcement Officer Brad Young explained that Desert Coach RV proposes placement of a 50' pole sign along the I-15 right-of-way, but the frontage is on Tabernacle Street which is not listed as a ?major commercial street? for pole signs. The request was denied. The sign, however, is within 1500' of the freeway.

Steve Davis advised that the pending ordinance is the issue, as the current ordinance allows 50' pole signs within 2,000' of the freeway, regardless of the street on which it is located.

Community Development Director Bob Nicholson stated he did not understand why the applicant needed a 50' sign, as 50' pole signs are normally directed at the traveling public to advertise a restaurant or gas station. He suggested a 30' sign.

Todd Call, applicant, commented that the sign would be sitting in a 30' hole and would be protruding up only 15' from the elevation of St. George Blvd.

Council Member Orton suggested scheduling a field trip to view the site and other affected areas.

Steve Davis stated that the sign was needed for advertising.

Enforcement Officer Brad Young suggested the City Council also visit the Furniture Row site on Sunland Drive.

Sandra Call, applicant, stated that they purchased the property over a year ago because of its freeway visibility, and a deposit on the sign was placed eight months ago when the sign was permitted.

MOTION: A motion was made by Council Member Allen to table the request in order to make a site visit.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.


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July 21, 2005
Page Nine

The site visit was scheduled for Tuesday, July 26 at 8:30 a.m.

Enforcement Officer Brad Young explained that he denied a request from Stephen Wade Auto on Hilton Drive for five pole signs because two of the signs are located on 1700 South Street which is not designated as a ?major commercial street? and therefore limited to low profile signs.

Bill Western, representing Stephen Wade, explained the purpose of the signs on 1700 South Street are to mark the entrances into the dealership.

MOTION: A motion was made by Council Member Orton to table the request in order to make a site visit on July 26 at 8: 30 a.m.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

APPROVAL OF MOU:
Consider approval of a MOU with the Arizona Strip Interpretative Association for the collection of admission fees at the Dinosaur Discovery site.

City Manager Gary Esplin explained that the City could either contract with the Arizona Strip Interpretative Association for the collection of admission fees at the Dinosaur Discovery Site, or could hire its own staff. It is recommended that the City contract with the Arizona Strip Interpretative Association, and give them 3% of the gross, and they would handle the cost of collecting the fees. He suggested a one year contract with review at the end of the year.

MOTION: A motion was made by Council Member Allen to approve the MOU with the Arizona Strip Interpretative Association.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

SHARED USE AGREEMENT:
Consider approval of a shared use agreement for ingress and egress pertaining to the platted area adjacent to Lots 5 and 39 of the Valley View Heights Subdivision along the alignment of Donlee Drive. Jim Coleman, applicant.

City Manager Gary Esplin explained that the City has fee simple title to property which Mr. Coleman would like to use for access to a unit on an adjacent lot. The City should receive some compensation for allowing use of the property. Mr Coleman proposes to improve the access to his site and take care of the drainage, and this would allow the City to have access for fire protection and to service its power lines in the area. He suggested that perhaps a long term lease could be worked out, as staff has no problems with Mr. Coleman?s intended use of the property.

City Attorney Shawn Guzman explained that a condition could be included in the agreement that if the access ever becomes a dedicated roadway, the easement would be deleted and improvements would be installed in front of the home and drainage taken to the nearest curb.

City Manager Gary Esplin suggested that the agreement and arrangements with regard to improvement costs be worked out with the City Attorney. He recommended approval.

MOTION: A motion was made by Council Member Orton to approve the agreement.
SECOND: The motion was seconded by Couo Bunker.

Jim Coleman stated that if something could not be worked out for with regard to a deeded right-of-way, this would create serious concern for anyone wanting to buy the the home.

City Attorney Shawn Guzman explained that the easement would give the property owner the legal right to use the access until such time as the access was dedicated as a public road.

Mr. Coleman stated that his intent was to acquire the property.

City Manager Gary Esplin stated the City was not in favor of selling the property or giving up any property rights.

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

APPROVAL OF CONTRACT:
Consider approval of a design and construction engineering contract with Rosenberg Associates for the Tonaquint wastewater system.

City Manager Gary Esplin advised that this item had been tabled.

AIRPORT GROUND LEASES:
Consider approval of a non-commercial airport ground lease with Ferrill Davis.
and
Consider approval of a commercial airport ground lease with Jim Rainey dba Rainey Skies, LLC.
and
Consider approval of a commercial airport ground lease with Gregory Price.

City Manager Gary Esplin advised that the Airport Board recommended approval.


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

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

APPROVAL OF CONTRACT:
Consider approval of an engineering services contract with Creamer & Noble, Inc. for the taxiway A&B project #3-49-0030-19.

City Manager Gary Esplin advised that the City?s portion of the project is $71,000.

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

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with the City Manager.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held July 7, 2005.
MOTION: A motion was made by Council Member Bunker to approve the minutes as amended.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried.

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



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Gay Cragun, City Recorder