City Council Minutes

Thursday, March 2,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 2, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Larry Gardner

OPENING:
Mayor Pro Tem Allen called the meeting to order and welcomed all present. The invocation was offered by Pastor Heuring of the St. George Community Church, and the pledge of allegiance was led by Gail Bunker.

The newly crowned Miss St. George, Jessica Loo, introduced Melanie Haven, St. George Pageant Director, and the St. George Royalty, Sammy Myers, First Attendant, Jordy DeWitt, Miss Spirit, and Tara Sevy, Second Attendant.

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

Mayor McArthur arrived.

City Manager Gary Esplin advised that Item 6H to consider approval of a professional services agreement with ICPE for generator relaying was tabled from the agenda.

AWARD OF BID:
Consider award of bid for a pneumatic roller for the Streets Division.

Purchasing Manager Sue Swensen presented the bids received:

H&E Equipment $56,033
Cate Equipment $88,442
Cate Equipment $60,376

She advised that Cate Equipment?s bid of $88,442 was above specs, and the lowest bid did not meet the specs for ground clearance. She recommended award of the bid to Cate Equipment in the amount of $60,376.

MOTION: A motion was made by Council Member Whatcott to award the bid to Cate Equipment in the amount of $60,376.
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 color digital orthophotography.

Purchasing Manager Sue Swensen presented the bids received:

Aero-Graphics $45,295
Ayers Associates $39,652
Olympus Aerial $83,600
Sanborn $43,425
Mapcon $29,995
Spatial Data Solutions $43,168
Landair $75,000
HJW $43,750
DMI $55,000
Horizons Inc. $52,656

She recommended award to the low bidder, Mapcon, in the amount of $29,995.

GIS Administrator Dave Evans explained that the last photography was done in 2003. Specifications will be plus or minus a foot, and the project area is the City limits. He advised that Mapcon is a reputable, well-established firm and he is confident they will do a good job.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Mapcon, in the amount of $29,995.
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 crack sealing of City streets.


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March 2, 2006
Page Two

Purchasing Manager Sue Swensen presented the bids received:

M&M Asphalt $104,990
Holbrook Asphalt $58,500
Intermountain Slurry Seal $104,540
Morgan Pavement $71,300
Superior Asphalt $70,450
Kilgore Paving $97,650

She recommended award to the low bidder, Holbrook Asphalt, in the amount of $58,500. She explained the reason the bid is 50% less than the others is because Holbrook is local so there are no mobilization costs.

City Manager Gary Esplin commented that the City has used them before.

Assistant City Engineer Steve Perry commented that due to budget constraints, this bid award will only do a small portion of the crack sealing needed.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Holbrook Asphalt, in the amount of $58,500.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

UPDATE CITY WEB SITE:
Mayor McArthur instructed staff to update information on the City?s web site.

City Manager Gary Esplin commented that current construction schedules could be added to the web site.

Assistant City Engineer Steve Perry commented that the crack sealing schedule could also be added to the web site.

AWARD OF BID:
Consider award of bid for loose equipment for the new ladder truck.

Purchasing Manager Sue Swensen explained that only one bidder could provide all the items needed. She recommended award of the bid to L. N. Curtis in the amount of $65,000 for all the items.

Fire Chief Robert Stoker explained that the new ladder truck will be completed and ready for pick-up on June 30. The loose equipment will be installed by City staff.

MOTION: A motion was made by Council Member Orton to award the bid to L.N.Curtis in the amount of $65,000.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution establishing fees for the rental ordinance.

City Manager Gary Esplin explained that this issue was discussed at the last City Council work meeting. Staff recommends approval of the fee schedule as submitted. The rental fit premises ordinance took effect March 1, and as soon as the fees are approved staff will begin the program.

Council Member Allen suggested that a synopsis of the program be added to the City?s web site.

Council Member Whatcott suggested that a press release also be done.

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

BEER LICENSE:
Consider approval of a beer license and local consent for a restaurant liquor license for the Ledges golf course. Colby Thomas Cowan, applicant.

City Manager Gary Esplin commented that the application met ordinance requirements. 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 Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

The applicant advised that the name of the restaurant is the Fish Rock Grill.


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March 2, 2006
Page Three

APPEAL OF SIGN PERMIT DENIAL:
Consider appeal of a denial of a sign permit. Turnbow Sign and Arts, appellant.

City Manager Gary Esplin explained that the sign is proposed to be located in t he Historic District. Kim Campbell has been designated as the agent to review signs proposed for the Historic District, and he denied the sign permit.

Enforcement Officer Brad Young explained that Mr. Turnbow applied for a sign permit to replace an existing wall-mounted projecting sign at the Ancestor Inn on St. George. One section of the City Code allows signs in the Historic District, so the applicant built the sign. Later it was discovered that another section of the City Code prohibits projecting signs along St. George Blvd. Mr. Turnbow was directed to obtain a sign permit from Kim Campbell. Mr. Campbell denied the permit, and the applicant is now appealing that decision.

City Manager Gary Esplin commented that signs within the St. George Blvd. right-of-way are governed by the State, and he was not sure the City could authorize an exception, even if it wanted to.

Mr. Young stated that he did not know the reason for the denial and asked Mr. Campbell to e-mail this to him, but it has not been received.

Mr. Turnbow, applicant, distributed pictures of the proposed sign. He stated that Mr. Campbell did not like the design, color or letter style. Mr. Turnbow stated that the corporation?s trademark could not be altered per federal law.

City Manager Gary Esplin replied that the City has the right to approve or deny a sign.

City Attorney Shawn Guzman advised that the City can tell an applicant what kind of sign is allowed, and this is separate and apart from the trademark. The City can dictate the type of sign, even the cabinet for the sign, as this is not part of the trademark. He stated that this was the first time he heard of the appeal and is not aware of all the issues.

Mr. Turnbow distributed a picture of the same sign which was approved in 2004 by the City.

Mr. Turnbow was advised that this sign was a pole sign.

Mayor McArthur advised that the City has the right to decide if a sign is compatible with the neighborhood.

Council Member Allen commented that since staff has not seen a copy of the denial, she felt the City Council did not have enough information to make a decision.

City Manager Gary Esplin suggested tabling the matter until a response is received from the Historic Preservation Commission. He stated the Historic Preservation Commission would convene before the next City Council meeting.

City Attorney Shawn Guzman commented that the legal department also needs to review the matter in order to offer an opinion. As far as jurisdiction, the City has jurisdiction over signs, and is not altering the trademark in any way.

Council Member Whatcott commented that he has seen many national brand signs which changed their colors to fit local sign codes, and the City has the right to determine what it wants in its Historic District.

Mayor McArthur explained that the City has a history of making sure that it has what it wants in the Historic District.

City Manager Gary Esplin advised that next week?s work meeting could be made a special meeting in order to expedite this item.

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

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held February 28, 2006, recommended that public hearings be scheduled for April 6, 2006 at 5:00 p.m. to consider (1) a zone change from PD Commercial to C-3 on 1.16 acres located at 850 North and 2700 East, south of the east Deseret Industries parking lot, and (2) a request to amend The Cliffs of Snow Canyon Plat ?L? to remove a portion of the common area and include it as part of Lot 177 and reflect affidavit changes on the note section.

MOTION: A motion was made by Council Member Orton to schedule the public hearings as recommended by 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.

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March 2, 2006
Page Four

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held February 28, 2006, recommended approval of the final plat for The Ledges Phase 5 with 34 single family lots located west of Highway 18. The applicant has provided a deed to the City for access to the subdivision.

Council Member Orton suggested that the entire Ledges project be reviewed.

City Manager Gary Esplin replied that a work meeting to review the entire development would be appropriate.

Mr. Nicholson advised that the developers of the The Ledges are proposing some changes to the original PD.

City Manager Gary Esplin inquired if a connection to Highway 18 had been resolved.

Mr. Nicholson replied that the applicants have obtained a bond and provided a dedication from the roundabout to Phases 2 and 4, and have a legal access to Phase 5.

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

SITE PLAN AND BUILDING ELEVATION (PC Case No. 2006-SPBE-002):
City Planner Ray Snyder explained that the Planning Commission, at its meeting held February 28, 2006, recommended approval of the site plan and building elevation for the Home Depot to be located at the northwest corner of Sunset Blvd. and Westridge Drive subject to the following conditions:

1. The site is approved for Lot #1 for an approximate 102,000 square foot retail center, approximately a 28,000 sq. ft. garden center, vestibules of 2,373 sq. ft., and a seasonal sales area of 6,804 sq. ft.
2. Signage shall be approved under a separate permit.
3. Provide a master sign plan for the entire site of 17.36 acres.
4. Earth tone colors shall be used as presented on the elevations date-stamped February 15, 2006.
5. Building facade shall have a varied front wall plane with insets and projections that avoid long, unbroken wall segments which give the building an uninteresting appearance as submitted in the elevations date-stamped February 15, 2006.
6. The parking lot shall be landscaped with shade trees throughout the lot to avoid major heat islands and to break up large asphalt areas as submitted in the site plan and landscape plan date-stamped February 15, 2006.
7. Street trees shall be installed on Westridge Drive and Sunset Blvd. in compliance with the City tree ordinance.
8. Traffic issues shall be mitigated to the satisfaction of the City Traffic Engineer.
9. Halfway Wash shall be mitigated to the satisfaction of the Development Services Department.
10. Lighting at property line shall not exceed approximately 1.0 FC (foot candle). Maximum level on site is not expected to exceed 15 FC. A maximum of 30 FC for garden center area only. A dark sky style of lighting shall be provided. FC readings shall be ?initial? (day one) and not ?maintained? FC levels.
11. Limit light pole height to 25 feet near west side apartments.
12. Limit light pole heights to 30 feet on remainder of site.

13. A site plan review application will be required to be processed through the Engineering Department.
14. A food service vendor located at the front entrance of the store or within the vestibule is permitted.
15. Post signs for truck route to loading dock.
16. Post signs for no overnight parking.
17. Screen west side property line by landscaping and a raised berm of approximately three feet. Note that Section10-10-5(D), St. George City Code, requires a solid masonry wall adjacent to any residential zone.
18. There shall be no delivery between the hours of 10:00 p.m. to 6:00 a.m.

Council Member Bunker suggested that signage placed at the corner of Sunset and Westridge Drive indicate the main entrance is off Westridge Drive.

Jeff Kochevar of Galloway and Associates, representing Home Depot, explained that the building is a square prototype different than the typical rectangle building to allow more room for buffering on both sides of the building. A two to three foot berm is proposed with landscaping along the entire west boundary to act as a screen. Delivery trucks will be restricted to one delivery location. He requested permission for 35' - 40' poles to better illuminate the parking area. He stated the applicant is willing to go down in height, but this would require more poles.

Mr. Snyder recommended 30' poles for aesthetics.


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Mr. Kochevar said 30' poles would be fine, with 25' poles on the west side.

MOTION: A motion was made by Council Member Bunker to approve the site plan and building elevations subject to the recommendations of the Planning Commission and subject to 25' poles on the west side and 30' poles for the remainder of the site.
SECOND: The motion was seconded by Council Member Orton.

Deborah Mikely, manager of Sunset Springs apartments, stated she was still concerned with the lack of wall dividing the subject site and apartments, the walkway between Home Depot and the bike path being used by smokers, and lighting.

City Manager Gary Esplin advised that the ordinance requires a 6' wall between commercial and residential zones.

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 Sun River Phase 21 located off Angel Arch Drive and Grapevine Drive. Darcy Stewart, applicant.

Community Development Director Bob Nicholson explained this item was tabled from the last City Council meeting in order to discuss a fire station site, park sites, and trail issues. The plat proposes 49 lots on 13.25 acres for a density of 3.7 units per acre.

City Manager Gary Esplin explained that staff met with Sun River to review proposed sites for a fire station and the consensus is to choose the site located at the corner of Bluegrass and Pioneer Road. Darcy Stewart has made a commitment that makes this site a better alternative than the others. This site will provide better service to the Bloomington Ranches area and provide good access to the freeway interchange.

Mayor McArthur commented that Darcy Stewart volunteered to excavate the site at no charge to the City.

City Manager Gary Esplin stated that the City may want to build the fire station before Sun River does its next phase. Mr. Stewart indicates he will pay a portion of the cost to purchase the property from SITLA up to 50% or a maximum of $200,000. Mr. Esplin advised that he met with SITLA staff who indicate the site is available and will process the City?s request. The land will have to be appraised and the City?s position is that it be appraised as is, without access to the freeway. The City and SITLA will jointly hire an appraiser. SITLA is prepared to take the request to their board as soon as the City Council approves the site. An appraisal will take a minimum of four to six weeks. He recommended that the preliminary plat be approved and in the meantime the City can see how the process is going before final plat approval. Mr. Esplin explained there is another issue with park land that has not been resolved. Leisure Services Director Kent Perkins has met with Sun River but has not been able to come up with a park site. The site proposed by Sun River located at the end of Sun River Parkway has only about 1.5 useable acres and the rest is located in the river. There is still undeveloped property in the next phase which has not been platted and may be a possibility for a park site. Staff feels comfortable that the trails can be tied together along the river to the new trail being built in Bloomington along the NRCS project. It was suggested to the developers of Sun River that as construction proceeds, connections for trails be provided. He stated that guidance was needed with regard to the private open space already provided by Sun River considering the impact fees which have been charged.

Scott McCall, representing Sun River, advised that there are certain areas along the river which have been committed to tie into City trails. A meeting with adjacent landowners is needed to create a master plan for the general area. He stated that Sun River would commit to 1.5 acres for a park at the end of Sun River Parkway, and commented that many other towns allow credit for private parks toward open public space requirements.

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 and commented that he hoped the land for the fire station site would be tied down before the final plat was presented for approval.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of the amended final plat for Stone Point Phase 3 located on the east side of Stone Mountain Drive and 360 North. Tom Sutton, applicant.

Community Development Director Bob Nicholson explained that the goal of the amendment is to combine the recorded plat with the next two phases. This will decrease the number of units by seven. The Planning Commission recommends approval and determined that certain downhill units having a one story elevation from the street side

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March 2, 2006
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and a three story elevation from the rear is not a significant change from the approved PD zone. He stated that the zoning ordinance requires a 20' separation between units, which is not shown on the plat. He recommended approval subject to that separation requirement between units and a 40' separation between three story units. The units will have to be two levels or the applicant will have to reduce the size of the units in order to meet ordinance requirements.

Tom Sutton, applicant, explained that the reason for the request is that the recorded phase of the plat does not work. Given that the cuts are already in place, 2.5 story homes are proposed with a walkout basement. Landscaping meets requirements. He stated he is not asking for a variance from the setback requirements of the ordinance. He stated he intended to reduce the size of the buildings to fit the setback requirements.

John Ames, a realtor representing the developers, explained that when this property was acquired, the buildings as laid out would have been an eyesore. The project was redesigned to make it more aesthetically pleasing and eliminate 100' of retaining wall and zero lot lines.

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 amended final plat.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur called for a five minute break.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RE-12.5 to R-1-10 on 5.01 acres located at the northeast corner of 2160 East and 2450 South streets. Denice Hughes, applicant.

Community Development Director Bob Nicholson explained that the City Council previously addressed this issue in 2004. The applicant requested a zone change from A-1 to R-1-10. This was denied by the City Council, but rezoned to RE-12.5. The Planning Commission recommends approval of the present request based on the zoning across the street.

Ray Braithwaite, representing Denice Hughes, explained that Mr. Hughes has spoken with 40 neighbors who do not object to the zone change. Mr. Hughes feels he has great support for the zone change. He explained that part of the problem is that the utilities were put in for a R-1-10 subdivision and it would be expensive to tear up the road to change the utilities to match the current zoning. He commented that it made sense to allow the zone change based on the utilities, the nature of the community, and because the property across the street is zoned R-1-10.

Mayor McArthur inquired if anything had changed since the last zone change.

Mr. Braithwaite replied that support for the zone change has changed. The people who are most concerned about the buffer are the neighbors, and they do not object to the zone change.

Council Member Bunker commented that the City Council was concerned about people who buy the homes because they would be abutting an agricultural zone, and the people in the agricultural zone want a buffer. RE-12.5 zoning allows one large animal.

Mr. Braithwaite commented that R-1-10 zoning fits the community because there is already a lot of R-1-10.

Mayor McArthur commented that a lot of discussion was held with Little Valley residents as part of the SID process, and the City Council has been sensitive to their desires and protection of their rights and uses, in addition to anyone who may purchase in the area in the future. He then opened the public hearing.

Ben Sorenson commented that he has lived in the area for a long time and supports the zone change request.

Mayor McArthur advised that the City Council was in receipt of a letter from the Larsens opposing the zone change.

Rich Lewis commented that his youngest daughter lives in the area and supports the zone change.

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

Council Member Orton stated that the City has designated a buffer zone around all AG property and has not made an exception. This was promised to residents of the area,


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March 2, 2006
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and the City has denied other requests for similar zone changes. He stated he was not comfortable with changing his opinion on these buffer zones.

Mayor McArthur advised that the applicant can still build on his property, with or without animals, but at least the property has a designation for large animals.

Council Member Whatcott commented that he had a hard time believing that all the neighbors have changed their minds about zoning in the area, unless it was because they wanted this property cleaned up.

MOTION: A motion was made by Council Member Bunker to deny the request.
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 Whatcott - 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 Tuscan Hills 3 located at Plantations Drive west of Dixie Drive. Guy Haskell, applicant.

Jay Sandberg advised that the plat contains 42 lots. A hillside permit was granted on December 1, 2005 as part of the overall PD zone with several conditions. The applicant has done a nice job in preserving the slopes and geographic features. The Planning Commission recommends approval subject to the following conditions: (1) establish a larger radius throughout Province Way which would straighten out the curves in the road, (2) subject to conditions of the hillside development permit, and (3) the proposed retaining walls for Lot 322 cannot exceed 6'.

City Manager Gary Esplin inquired if this was the project advertising units as timeshares.

Community Development Director Bob Nicholson replied that the project is not located within the resort overlay zone and cannot be used for rentals of less than 30 days.

City Attorney Shawn Guzman said that if the units are advertised for rent for less than 30 days, they are considered a motel and are only allowed in a commercial zone.

City Manager Gary Esplin commented that it was troublesome to advertise for sale a 1/4 interest in a unit, and to him that is not a single family home or townhome, and should only be in a zone which allows this. This is the reason the resort overlay zone was created.

Mr. Nicholson commented that the project is a regular subdivision, and the units will have to be occupied for more than 30 days at a time.

City Manager Gary Esplin commented that the units could not be advertised as timeshares if they were not timeshares. He suggested that before the final plat is approved the applicant should indicate what type of use he is planning.

Mark Anderseon, representing Haskell Homes, stated that advertising the units as timeshares was an advertising ploy. This idea is being re-evaluated, and it is not the applicants intent to have a timeshare project.

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

Council Member Whatcott commented that advertising the units as timeshares puts the City Council in an awkward position.

Mayor McArthur commented that the City Council could approve the preliminary plat and have their questions answered before final plat approval.

City Attorney Shawn Guzman advised that the State of Utah has a definition of timeshare and under its definition St. George has historically determined that timeshares are allowed in its resort overlay zone and not in any residential area.

City Manager Gary Esplin suggested that as part of any motion, the City Council could designate the project as a townhouse project, and not a timeshare project. If the project is operated as timeshares, the City will shut it down.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat as a townhouse project, and not a timeshare project. Further, if the units are operated as timeshares, the City will take enforcement action.
SECOND: The motion was seconded by Council Member Bunker.


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March 2, 2006
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CLARIFY MOTION: Council Member Orton commented that the approval was also subject to the recommendations of staff and the Planning Commission.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-2 and C-3 to PD Residential on 32.89 acres located southeast of the Riverside Drive and Foremaster Drive intersection. Craig Hopkinson, applicant.

Community Development Director Bob Nicholson advised that this item was previously tabled in order to obtain simulations of how the units would appear on the hillside, and how the intersection at Foremaster Drive and Riverside Drive would operate. The General Plan shows the area as medium density residential, five to nine units per acre. There is a net developable area of 25 acres due to steep slopes. 11 buildings are proposed with 173 units, for a net density of 6.9 units per acre. The applicants do not yet have a hillside development permit, wishing to first address zoning issues. There are expansive soils on the site. Building height will be from two to four stories, with a majority of the buildings being three stories. The project is primarily located on the east side of Netta?s Knoll. The highest building is 44' to the midpoint of the roof, and 48' to the roof peak.
Access will be from a public intersection which someday will be signalized. The applicants will grant an easement for a public trail along the Virgin River. The exterior of the units are stucco with a stone treatment. Because the PD plan is conceptual, preliminary and final plats are required. The Planning Commission recommends approval subject to the following stipulations:

1. A hillside development permit and conditions pertaining to the permit.
2. Comply with the 30' building setback from the ridgeline.
3. Update the traffic impact study and comply with the traffic engineer recommendations.
4. Work out the alignment and details (easement and/or improvements) of the Middleton Wash Trail prior to preliminary plat approval.
5. Provide additional landscape (xeriscape) area to meet the requirement. The landscape plans are to meet the hillside review board recommendation and be prepared by a licensed landscape architect who is familiar with the area, soils and plants.
6. Update the site data information of the Planned Development text (i.e. landscape area, recreation area, number of buildings, parking, phases, amenities, and when amenities are to be installed).

Craig Hopkinson, applicant, reviewed the intersection layout. He advised that the traffic study recommended the intersection be signalized and the City?s traffic engineer recommended that he pay 25% of the cost.

Aron Baker stated that 25% was a random figure. The intersection is warranted for a signal now, and the City is considering putting one in even without the development. The traffic impact study included Rich Lewis? property, so the cost can be shared.

Ralph Evans, architect, advised that the height of the units will be reduced to three stories. The density has also been reduced and site reconfigured. The parking units form a retaining wall along the back side of the project. Roads within the projects will meet the second story of the buildings. Recreation space will be provided through the middle of the project. Every unit will have a garage and trellised parking space. Each unit will have two parking stalls, in addition to public parking spaces.

Mayor McArthur inquired if a market study had been done for this type of use.

Mr. Evans replied that the area was originally zoned for duplexes and a plan was submitted. Staff asked the applicant to come back with a more innovative plan. All the units have been reduced to three stories.

City Manager Gary Esplin inquired about plant mixtures and type of greenery.

Mr. Hopkinson replied that one of the recommendations from the Planning Commission was use of xeriscape.

City Manager Gary Esplin inquired about grassed areas.

Mr. Hopkinson replied that grassed areas are located in the center of the project where the recreation areas are located. There are grassed areas around the pool, tennis courts, and basketball courts. There will be minimal landscaping in front of each unit between the streetscape and buildings. All streets in the project was private. The trail system will be public. There will be a homeowners association to maintain the landscaping, but outside of the building areas will be left as natural desert.

City Manager Gary Esplin inquired if areas outside each pad would be disturbed thereby destroying natural open space around the pads.


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March 2, 2006
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Mr. Hopkinson replied that some areas will be disturbed, and some areas will be left as they now are. He advised that he was comfortable with the geotech report. Blue clay areas have been identified, and the project will stay 15' above any identifiable blue clay. The buildings will be piered. There will be no building on top of the knoll whatsoever.

Mayor McArthur advised that the City would like to connect the public trail system to the top of the knoll.

City Manager Gary Esplin suggested the trail be placed on top of the drainage easement.

Mr. Hopkinson commented that public access to the trail could be made at the south end of his property.

Council Member Allen expressed concern with using wood on the exterior of the buildings.

Mr. Hopkinson replied that they are using wrought iron instead of wood.

Mayor McArthur commented that wood deteriorates in St. George?s temperature extremes and causes maintenance problems. He commented that whatever is built must be compatible with the neighborhood.

Mr. Evans clarified that the 44' high elevation was part of the old plan.

Mr. Hopkinson stated that the units will be 35' in height, all three stories, with the density reduced from 198 to 173 units.

Council Member Whatcott commented that there were only 20 public parking stalls.

Mayor McArthur opened the public hearing.

Doug Pierce inquired if the City Council had the authority to clean up the unsightly junk in this area.

City Manager Gary Esplin replied that if the junk was not protected by a non-conforming use and violated the Nuisance Ordinance, the City could have it cleaned up.

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

MOTION: A motion was made by Council Member Orton to approve the zone change subject to the recommendations of the Planning Commission, and with two and three story units.
SECOND: Council Member Allen seconded, and added the stipulation that no wood be used on the exterior of the units.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Orton - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a detached RV garage with a height exceeding 15' on Lot 9 of the Rancho Verde Estates subdivision located at the intersection of 3670 South and Bentley Road. Mr. and Mrs. Walters, applicants.

MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit.
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 a detached garage with a height exceeding 15' on Lot 8 of the Rancho Verde Estates subdivision located at 2362 East 3670 South. Mr. and Mrs. Black, applicants.

City Planner Ray Snyder advised that the applicants withdrew their request.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an education institution in a C-3 zone at 965 East 700 South. University of Phoenix, applicant.

City Planner Ray Snyder advised that the Planning Commission recommends approval.

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

St. George City Council Minutes
March 2, 2006
Page Ten

AGREEMENT MODIFICATION:
Consider approval of a modification to agreement with H. W. Lochner for the Snow Canyon Parkway corridor study.

City Manager Gary Esplin advised that staff would like to study the issue, primarily the 2000 North and Dixie Down connections to see if there is a better way to handle them.

Public Works Director Larry Bulloch advised that the study should be complete in 90 days.

City Manager Gary Esplin advised that Snow Canyon Parkway would not be torn up. There is an ongoing federal project to widen Snow Canyon Parkway to the ballfields and install improvements.

MOTION: A motion was made by Council Member Orton to approve the agreement modification in the amount of $49,113.43.
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 a water treatment facilities agreement with the Washington County Water Conservancy District.

Water Services Director Barry Barnum explained that this agreement is a follow-up to the water pooling agreement - the regional pipeline and treatment plant makes the pooling agreement work. The agreement states that the City owns the plant and the first 20 million gallons a day is dedicated to the City. The Washington County Water Conservancy District will pick up the expansion for the net 20 million gallons, bond, and operate as manager for the treatment plant.

City Manager Gary Esplin explained that the bonds have been issued for the project and the City is retaining ownership because of the bond requirements.

MOTION: A motion was made by Council Member Allen 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.

CONTRACT:
Consider approval of an O&M contract for the Millcreek generation facility with GE through Manning Industries.

Energy Services Director Phil Solomon explained that the City would like to acquire technicians from G.E. to assist the City in operating the facility for the first five years during the heavy run season. The contract will cost $360,000 a year.

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

AGREEMENT:
Consider approval of a professional services agreement with ICPE for the Dixie intertie.

Energy Services Director Phil Solomon recommended approval of the agreement to do all of the relay settings for the Dixie Intertie. $25,000 is the City?s portion.

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.

AGREEMENT:
Consider approval of a professional services agreement with ICPE for generator relaying.

This item was tabled.

AGREEMENT:
Consider approval of a UAMPS mutual aid agreement.

MOTION: A motion was made by Council Member Allen 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.

APPOINTMENTS:
Appointments to boards and commissions of the City.

Mayor McArthur recommended Darcy Stewart and Lyman Hafen be appointed to the Dinosaur Discovery Site Board.


St. George City Council Minutes
March 2, 2006
Page Eleven

Mayor McArthur recommended the following appointments to the new Public Arts Committee:

Mark Peterson - three years
Mary Williams - three years
Rod Orton - one year
Doug Alder - three years
Alison McArthur - two years
Janice Nichter - one year
Roland Lee - two years

MINUTES:
Consider approval of the minutes of the special City Council meeting held February 9, 2006.

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

Consider approval of the minutes of the regular City Council meeting held February 16, 2006.

MOTION: A motion was made by Council Member Bunker 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.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Allen to adjourn to an executive session to discuss a property purchase.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:
Council Member Allen - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous.

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

MISCELLANEOUS DISCUSSIONS:
City Manager Gary Esplin advised that direction was needed on the attainable housing issue. He recommended that the City initiate a master plan change review in the Little Valley area to consider increasing from the existing zoning to low density residential (one to four units per acre). He recommended that the zoning ordinance be suspended for six months while changes are made, but development agreements be used to keep projects moving forward.

A brief discussion took place with regard to an oversized wall in the Bloomington Hills area which was approved by the Planning Commission. It was the consensus of the City Council to review the action taken by the Planning Commission.

A brief discussion took place with regard to the northern corridor and its pending designation as wilderness. It is the City?s position to oppose this designation.

City Attorney Shawn Guzman updated the Mayor and City Council on recent legislative action.

The meeting then adjourned.



______________________________
Gay Cragun, City Recorder