City Council Minutes

Thursday, February 16,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 16, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Mayor Daniel McArthur
City Manager Gary Esplin

OPENING:
Mayor Pro Tem Allen called the meeting to order and welcomed all present. The invocation was offered by Larry Bulloch, and the pledge of allegiance was led by Bob Whatcott. Mayor Pro Tem Allen then invited several Scouts in the audience to introduce themselves.

ADDENDUM:
Discussion and determination of routes for the hauling of rock for the Virgin River rock wall project in the Bloomington area.

City Attorney Shawn Guzman introduced Dave Patterson of the Washington County Attorney?s Office and advised that it would be appropriate for him to give a brief background of the project and what progress has been made.

Dave Patterson explained that rip rap restoration work in the Virgin and Santa Clara rivers is progressing as a result of the recent floods, and this work must be completed by a deadline. Phase 1 includes work in the Virgin River north of the Man O War bridge. Hauling is done during daylight hours, and all roads can be used. Trucks are using the roundabout to bring the rock in and haul the silt out, with one truck running every four minutes. Phase 2 of the project is now being let out, which is the area south of the Man O War bridge. This will create twice the volume of trucks. The St. George City Manager advised Ron Whitehead that the City was going to blade a road three miles long ending at the Atkinville bridge and all rock in Phase 2 will be delivered by this route. Several complaints were received about using this route, and meetings were then held with St. George City and rock suppliers. The purpose of this discussion now is to address the issue and determine a route for supply of the rocks so that the haulers will know exactly what they are bidding. The County has no preference on what St. George does; it just wants an informed decision based on good findings.

Council Member Orton advised that bids for Phase 2 will be opened this Tuesday at 10:00 a.m.

Mr. Patterson advised that to date no bids have been received, but it is expected that they will be received up to 15 minutes before the bid opening. The project can begin any time after the bond is received, probably within ten days, and the project will run for 40 days, five days a week. There will be a big overlap between projects.

Ron Whitehead advised that Phase 1 began one week ago today and there could be a four week overlap. Both projects have to be completed by mid-April.

City Attorney Shawn Guzman clarified that the reason the St. George City Manager specified a different route through the Atkinville Wash for Phase 2 was due to past
problems in the Santa Clara area with trucks hauling through residential areas and past schools.

Council Member Gardner inquired about the road to be graded.

Mr. Whitehead replied that permission has been received from SITLA to use the southern corridor right-of-way from River Road to the I-15 and under the Atkinville Wash crossing. A road will be bladed from River Road along the southern corridor.

Council Member Gardner inquired if this would affect the EIS currently in process.

Public Works Director Larry Bulloch replied that it would not affect the EIS.

Ron Whitehead commented that the route has been cleared with SITLA and UDOT and the haul route does not impact anything.

Council Member Gardner inquired where the rock quarries were located.

Ron Whitehead replied that there were three possible sites along River Road.

Council Member Orton commented that the NRCS was also aware of the proposed haul route and supports it.


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February 16, 2006
Page Two

Ron Whitehead explained that NRCS funds would be used for the project, as long as the match can be met.

Council Member Orton commented the NRCS is committed to this bid and route.

City Attorney Shawn Guzman clarified that there were certain costs associated with blading the new roadway and ongoing costs to maintain it.

Ron Whitehead stated he had estimates for the new roadway. There will be ongoing watering and blading to keep it smooth.

Council Member Gardner inquired if there had been any problems with the current route through the Bloomington roundabout.

Ron Whitehead replied that one rock weighing 90 pounds had fallen off a truck on the east side of the roundabout, one truck stalled in the roundabout last week, and an accident by the Man O War bridge was caused when cars had to stop for a rock truck.

City Attorney Shawn Guzman clarified that as of yet the maximum number of trucks were not being used in Phase 1.

Ron Whitehead stated that right now only the half the amount of trucks are being run, but it is anticipated there will eventually be 22-24 trucks. Right now only 10-12 trucks are being used. He stated it would be possible to have a truck running every minute and a half to two minutes in either direction. There is not as much sediment to remove in Phase 2. The goal is to provide a road as close as possible to every job done, and the concern is with safety for the traveling public and residential areas, and there are grave concerns with the current route in Phase 1 with regard to use of residential streets, proximity to the school, and use of the roundabout. The new route proposed for Phase 2 will provide the ability to get the rock to the river without passing in front of one home. The work will progress up one side of the river; it will be filled in and the river will be moved over and a culvert installed while there is a low flow, and then work will progress on the west side of the river. The proposed route through the Atkinville Wash is proposed for Phase 2 only, but there is the ability to do a change order for Phase 1, if needed.

Council Member Bunker inquired about the negative aspects of the proposed Phase 2
route.

Mr. Whitehead replied that it will cost $25,000 to $30,000 more to build the temporary road in addition to ongoing maintenance.

Council Member Orton commented that another negative aspect is there will be a seven mile additional trip for the haulers.

Ron Whitehead explained that the new route will involve more travel time. The other alternative is to allow the haulers to pass by the schools in Bloomington Hills, past Flying J, into the roundabouts, then north through the commercial area in Bloomington, or south past the school and residential areas in Bloomington.

Council Member Gardner commented that going north would not be a big concern.

City Attorney Shawn Guzman advised that a letter from Cliff Dunn, representing Shan Gubler, has been distributed, as well as letters from the NRCS expressing concern about the routes being used causing potential conflict with urban area travelers and the roundabout. Mr. Dunn?s letter addresses these concerns. Mr. Gubler proposes that a different route be used as his pit is not located in the Bloomington Hills area.

Shan Gubler stated that he would like approval of two additional haul routes. The volume of rock necessary to meet the demand is very high. He explained that he owns the lava fields in Santa Clara north of Pioneer Parkway and has been supplying rock for various other projects throughout the year, including hauling rock down Dixie Drive for the Swiss Village project. This route is safe and has been used by trucks hauling different types of aggregate for many years. He stated that he has been harvesting rock at his expense, not knowing if he would get the bid. He stated the City Council must also consider the precedent that may be set by requiring the proposed route. He stated that the NRCS letter was inaccurate and that an ?urban area? was difficult to define. He stated his route did not pose any risk at all. He stated that anyone who has rock and can provide it economically should be able to use any route. He asked the NRCS to issue a corrected letter, which they did on on February 13, saying that they did not intend to exclude his route or intentionally eliminate him as a rock supplier, nor endorse or eliminate any rock quarries.

Council Member Bunker inquired where the drop off point would be if the Dixie Drive/Tonaquint/Bloomington route were used.

Mr. Gubler replied the drop off point is the Man O War bridge.

Council Member Bunker stated that this route would require hauling through residential areas.
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February 16, 2006
Page Three

Mr. Gubler replied hauling would be required for only 2/10 of a mile through residential areas.

Ron Whitehead confirmed that the south access near Man O War bridge would only be used if access could not be obtained through the Atkinville Wash.

Mr. Gubler inquired if that access had been obtained.

Mr. Whitehead replied that he was working on it right now.

Mr. Gubler displayed a map of all vehicle crash locations throughout the city, and advised that the area he proposes as a route is the lowest crash area.

Gail Maxwell explained that he is the Chairman of the Bloomington Community Council, and supports the southern corridor route. While he has nothing against the Gubler pit, he strongly disagreed with trucks using the back way into Bloomington on a two lane road through its residential area, and fees the southern corridor route does not bother anyone and is completely traffic and residential free.

Stan McConkie stated that most of the Bloomington residents have learned to negotiate the roundabout, but out of town visitors have not and pose a danger. Everyone he has spoken to in the community is concerned with the heavy truck traffic, and he invited Mr. Gubler to ride bikes with him over the proposed Tonaquint route. He stated this route is at least a mile over a very narrow road and would impact significant areas of residential development. He stated the southern route is in his neighborhood and is far more preferable than having trucks pass the school or coming over Tonaquint through residential neighborhoods.

Council Member Gardner inquired who would issue the access permit at the south end of Sugar Leo.

Ron Whitehead replied that only permission of the private property owner was needed.

Council Member Gardner inquired of Mr. Whitehead if he was sure the property owner would grant access.

Mr. Whitehead replied that he has been told the property owner will grant permission. A letter has also been sent to the property owner, and he is trying to reach him by telephone.

Council Member Gardner inquired of Mr. Whitehead why this access wasn?t secured before this point.

Mr. Whitehead replied that the drop dead date for the first contract will end the middle of April, but the NRCS is considering an extension of a few additional weeks. The NRCS deadline is the first of May.

Council Member Gardner inquired how many suppliers could get the bid.

Mr. Whitehead replied that it has been set up as one bid. The middle portion will consist of two. The winning bidder has the option of working out of the SITLA piece, or the gypsum mine because the City has a free-use permit for both sites. Everyone will be allowed to bid, and no one is being excluded. The pit suppliers will make the rock available to any bidder. Mr. Whitehead explained that if the first choice of access to the river off Sugar Leo Road cannot be secured, there is an alternate plan right next to it, but the first location is the preferred one.

Council Member Gardner inquired about the next contracts to be let.

Mr. Whitehead explained that he met today with the NRCS and Mike Smith and a representative from Washington City to outline access points. Right now they are tentatively looking at a site behind the Dixie Center on the bottom end, and possibly near the tire store where the new road will be built behind the Dixie Center.

Council Member Gardner commented that while the City may now have the luxury of avoiding neighborhoods, it will not have the same option in other projects.

Mr. Whitehead replied that most neighborhoods will be avoided as most of the area is commercial. If coming from the west side, Mr. Gubler could come down Sunset, then Bluff, and across by the Dixie Center or Riverside Drive.

Jim Anderson, one of the bidders on the project, stated that the winning bidder could still come down Bluff Street through St. George to River Road and take the southern route. He stated that Dixie Drive is a safe street and the best route if bid from the Gubler pit. He inquired if the winning bidder would be selected based on the safest route from the nearest pit.

Council Member Orton replied that this is an NRCS project and has been approved by them. The City is looking for the safest route to protect its neighborhoods.

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Mr. Anderson commented that in Phase 1 sediment is being hauled out with different trucks from those hauling the rock in.

Russ Limb commented that he owned a rock pit and has ten trucks hauling across Man O War. He said the project could be completed using ten trucks five days a week in 45 working days. If two more trucks were added, Phase 2 could be done out of his pit. Using the southern corridor route would add 7.5 miles to the route now being used and would take twice as many trucks and three times the cost. He suggested the hauling route be opened up and not be regulated, impacting all roads, so that everyone has a fair shot at the bid.

Jon Pike commented that he lives on Mulberry Drive on the west side of the river and although concerned about the increased cost, his biggest concern was the many children who walk or ride their bikes across the Man O War bridge each day to get to school. He recommended that the southern corridor route be used.

Rick Wheatly, CD Transport, commented that the proposed souther corridor road will tear up the trucks due to six to eight foot drops and suggested the routes be unregulated or the Gubler pit be used. He stated that with use of tarps to cover the loads, caution lights, and flag men, the back route through Bloomington could be made safe. He stated he has seen rocks fall off of trucks in the roundabout, and the Tonaquint route is the safest way to go.

City Attorney Shawn Guzman suggested an executive session be held.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Orton to adjourn to an executive session to discuss potential litigation.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Whatcott commented that Tonaquint is the roughest road in St. George and extremely steep.

Rick Wheatly replied that it was not as steep as the road in front of Flying J. The speed limit on Tonaquint is 25 mph, and the speed limit by Flying J is 45 mph. The Atkinville dirt road will also tear up transmission.

City Attorney Shawn Guzman replied that the road will be graded.

Council Member Gardner inquired where the proposed entrance point to the river would be if the Tonaquint route were used.

Ron Whitehead replied that the trucks would have to cross the Man O War bridge and enter on pasture ground by the river.

Council Member Orton commented the pasture area was private property.

Ron Whitehead commented that the trucks could turn right onto Sugar Leo Road and come in at the bottom of the river, but this would still impact fences and pasture area.

Council Member Gardner inquired if there was enough NRCS funding to cover the extra cost of the Atkinville access.

Ron Whitehead replied that there was enough money to build the road. He stated that the project was a County project, as the County is the contracting agent with the NRCS. The County may not like the routes chosen, but it has been sensitive to the communities and wants to respect local jurisdictions.

VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Before adjourning into executive session, Mayor Pro Tem Allen invited Scouts in the audience to introduce themselves.

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




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February 16, 2006
Page Five

MOTION: A motion was made by Council Member Orton to deny the request to change the bid process and proceed with the bid as presented by the County based on the safety of the neighborhoods, school, and traffic congestion in the roundabout. He commented that the property owners along the river in Bloomington were told that in exchange for their easements, the City would do everything it could to enter the river where proposed.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMENDED PRELIMINARY PLAT:
Public hearing to consider approval of the amended preliminary plat for Sun River Phase 18 located off Angel Arch Drive south of Sun River Parkway. Darcy Stewart, applicant.

Associate Planner Mark Bradley explained that the applicant would like to incorporate two open space areas as new pad sites. The Planning Commission recommends approval.

Council Member Whatcott commented that there is a need for a fire station in the Sun River area, and this issue has been bounced around for years during which time land prices continue to rise. He stated he was uncomfortable approving any additional plats until a definite site for the fire station was worked out.

Scott McCall, representing Sun River, advised that a site has been located.

Council Member Whatcott commented that the site was on SITLA property, not on Sun River property, and more definitive action was needed.

Mr. McCall stated that the fire station site just had to be in the area.

Council Member Whatcott commented that the fire station site has been discussed for two years, and now the same site is three times the cost. Something more than talking about it needs to be done, and then preliminary plats can be discussed.

Mr. McCall replied he was not sure what Sun River could do to make the deal close.

Council Member Whatcott stated that the Sun River residents are the ones complaining there is no fire station.

Mr. McCall replied that discussions were under way.

Council Member Gardner inquired of Mr. McCall if Sun River had control of the site.

Mr. McCall replied that Sun River did not have control of the site, but has volunteered to do the site grading. The location has been discussed with Chief Stoker and Matt Loo, and everyone likes the site. He stated it was his understanding the matter was in Chief Stoker?s court.

Chief Stoker stated that the original Sun River concept plan showed a fire station site by the LDS Church, but was since bounced around from site to site, and now is not on Sun River?s plans at all. The site now being looked at is 4500 South Pioneer Road on SITLA property which means the City has to negotiate with SITLA.

Council Member Allen inquired of Mr. McCall if there was any property in Sun River on which to locate the fire station, as SITLA has been charged with getting the highest price possible for its property. Additionally, the City can?t use its impact fees to buy equipment, so cost is a concern.

Council Member Gardner inquired about the timeline to purchase the site.

Chief Stoker replied that the fire station was needed now, but the City has to wait for SITLA?s design for the property.

Council Member Gardner inquired why the Sun River sites did not meet approval.

Chief Stoker replied that through the years the site has been moved around and did not meet ISO requirements. The proposed site is the best site yet.

Council Member Orton commented that Sun River is the highest density area and should provide a fire station site to meet the needs of its community as well as tie into the City?s trail systems. Sun River has not supplied any trail systems. Before any further development is approved in Sun River, he felt the overall Sun River plan should be looked at.

Community Development Director Bob Nicholson commented that it would be nice to get these issues resolved, whether now or before the final plat is approved.



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Council Member Orton commented he would hate to see Sun River completely built out without tying into the overall plan the City is trying to do.

Mr. McCall commented that a master trail map has been prepared, and there have been recent meetings about it and discussions are actively underway.

Council Member Whatcott commented that discussions have been held for two years and nothing has happened, and perhaps the only way to get Sun River?s attention is to say no more plats until the issue is resolved.

Council Member Orton commented he wanted to review Sun River?s master plan with staff.

City Attorney Shawn Guzman commented that the review should not be limited just to trails, but also the fire station to make sure meaningful progress is being made to secure a site.

Council Member Orton suggested the matter be tabled.

Mr. McCall stated that Phase 18 contained just two lots and requested that the preliminary plat be approved, while holding off on Phase 21 until a meeting can be scheduled.

Council Member Gardner commented that the fire station sites proposed by Sun River were moved because the City rejected them.

Council Member Whatcott replied that a fire station could not be located behind a corner, but had to be on a main road, and that was the reason the sites were rejected by the City.

Community Development Director Bob Nicholson suggested that the matter be scheduled on the work meeting agenda for February 23.

City Attorney Shawn Guzman recommended that City staff be directed to attend the work meeting with any concerns they may have with regard to density, potential growth, and needs of the City.

Support Services Director Marc Mortensen stated that the appropriate Sun River staff should also be present.

Drake Howell, representing SITLA, advised that Gary Wood has been in communication with the Fire Chief and Sun River. While SITLA cannot do anything about the land prices, he urged action be taken to approve both Sun River Phase 18 and 21 tonight.

Mayor Pro Tem Allen opened the public hearing. There being no public comment, she closed the public hearing.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat for Phase 18.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Allen called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Bunker - aye
Council Member Whatcott - no
Mayor Pro Tem Allen - aye

The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Sun River Phase 21 located at Angel Arch Drive and Grapevine Drive. Darcy Stewart, applicant.

Mayor Pro Tem Allen opened the public hearing. There being no public comment, she closed the public hearing.

MOTION: A motion was made by Council Member Bunker to table the matter until after the work meeting.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Allen 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 East Ridge Phase 6 located at 50 South and East Ridge Drive. Mark Blanscett, applicant.

Associate Planner Mark Bradley explained that this site is the remaining phase to be platted on Foremaster Ridge, is the southernmost phase of East Ridge, and is the

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February 16, 2006
Page Seven

connecting link between East Ridge Drive and Crestline Drive. As part of the Foremaster development East Ridge Drive was tapered to 50' to the intersection and on both sides a 30' ridgeline setback is proposed. The Planning Commission recommended approval subject to the applicant constructing a rock wall along the abrupt edge similar to the Foremaster development to continue the ridgeline standard and compliance with the 30' building setback from the abrupt edge. Staff suggests that fencing be limited to black or dark brown wrought iron, and that rocks be stained. He clarified that if the applicant wanted to put up a fence, it would have to be located behind the rock wall on the upper edge. No other accessory buildings could be built within the 30' setback. A geotech engineer will still need to state how close a home can be built to the edge.

Nathan Moses stated the Planning Commission asked for a rock wall, but the developer requests that no walls be allowed throughout the subdivision. He clarified that while no accessory building could be built within the 30' setback, a below-ground swimming pool could.

Community Development Director Bob Nicholson stated that if the applicant wants to leave the edge natural, and not construct a rock wall, this would be great. The Planning Commission?s concern was that it had to be done one way or the other for consistency.
Mayor Pro Tem Allen inquired if the pads were going to be built up.

Mr. Blanscett replied that the pads would not be built up and walk-out basements would be built.

Mayor Pro Tem Allen opened the public hearing.

Brian Kemp advised that his neighbors asked him to appear and express their concern about traffic and the need to slow it down. He suggested that ? S? curves be incorporated into the road design in order to slow the traffic.

Jay Sandberg advised that the road was decreased from 60' in width to 50' which calms traffic, and a cross street was added to balance the traffic.

Support Services Director Marc Mortensen inquired if a stop sign could be placed at one of the intersections.

Mr. Sandberg replied that he would look at this.

Mike Reynolds stated that there was no real purpose for building a rock wall, and stated he would prefer the edge be left open.

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

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat, leaving the natural ridgeline open with no walls or fences or encroachments on the ridgeline, and subject to the recommendations of the Planning Commission and staff. If a barrier is needed to protect children, then wrought iron will be allowed. A swimming pool will be allowed, but no block walls or accessory buildings within the setback.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Allen called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Bunker - no
Mayor Pro Tem Allen - aye

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from A-1 to RE-12.5 with a development agreement on 12 acres located at the southeast corner of the intersection of 3000 East and Seegmiller Drive. Bill Haltom, applicant.

Community Development Director Bob Nicholson explained that the project is located south of Bridle Gate Estates. Bridle Gate Estates was approved one year ago with RE-12.5 zoning with a development agreement to stipulate the improvements and maintain consistency with the General Plan. The General Plan indicates rural residential up to a maximum of two units per acre. This request is consistent with the General Plan. The subject property consists of 12 acres. Horse and pedestrian paths will be dedicated to the City. There will be a horse path along 3000 East behind the 90' right of way and pedestrian paths maintained by an HOA. The applicants also agreed to build the horse paths to City standards, which the City is currently working on. The development agreement will limit density to two units per acre. The applicant is looking at some neo-traditional designs and plans to have a landscaped setback on interior roads, a planter



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strip and then the sidewalk and then the front yard, with a HOA to maintain the planter strip between the sidewalk and curb and gutter. The Planning Commission recommends approval.

Bill Haltom, applicant, explained that the overall theme is a neo-traditional subdivision where the sidewalk is pulled back to create an 8' greenbelt. There will be a little over two acres in trails and linear parks, and five acres between the parks, rights-of-way, roads and streets. All of the green areas will be maintained by a HOA. He stated that he would build both parts of Seegmiller Drive and the 10' landscaped area and dedicate all of the canal land to the City. Once the canal is piped there will be room for the horse trail and bike path. Setbacks will also be staggered to create diversity. The intent is to create 24 craftsman-style homes in a neo-traditional subdivision. He stated that he anticipated block walls around the homes. Front yard landscaping will be required prior to occupancy.

Mayor Pro Tem Allen opened the public hearing.

Jeff Rawlings recommended that the City and Washington City work with the canal company to secure these rights-of-way for use as trails.

Mayor Pro Tem Allen closed the public hearing.

MOTION: A motion was made by Council Member Whatcott to approve the zone change without the development agreement.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Associate Planner Mark Bradley commented that the project to the north was approved with a development agreement, and the City Council may want to tie the zone change to the concepts expressed by the applicant.

City Attorney Shawn Guzman commented that a zone change could not be conditional, but the City Council could include in the motion that a development agreement be required at the preliminary plat stage. However, if the applicant is willing, the development agreement could be tied to the zone change.

Mr. Haltom, applicant, advised that it was his intent to have the development agreement in place, and in fact, the City has a signed copy of it.

City Attorney Shawn Guzman commented that since the applicant was willing, the development agreement could be included as part of the motion.

MOTION: A motion was made by Council Member Whatcott to approve the zone change with the development agreement.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Allen called for roll call vote, as follows:

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

The vote was unanimous and the motion carried

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for the Cottages at Fossil Hills located southeast of the River Road and Brigham Road intersection. Sean Glathar, applicant.

Associate Planner Mark Bradley explained that the proposed project is broken into five phases. The first phase will contain three buildings. The overall project is 13.5 acres with 109 units, for a density of 8.07 units per acre. The area has been designated as 12 units per acre, but the density has been reduced because of the site and layout of the design. The first phase will contain the clubhouse and pool. The site is isolated because of an adjacent hillside. The site fronts River Road, and because of the intersection location, one of the conditions recommended for approval is installation of a median so the north access is right-in right-out only. There will also be a deceleration lane because of the Dixie REA power poles. The Planning Commission recommends approval subject to (1) finalizing the north bound (south access) deceleration location, length and width, (2) site plan and building elevation approval, (3) installation of a median on River Road

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from the Brigham Road intersection to south of the north access, establishing the north access as a right in right out access only, and (4) further studies on site distance, striping, and future pedestrian crossing.

Sean Glather, applicant, advised that certain features have been incorporated into the building design to soften its impact, and the site plan will be pleasing to the residents with a pool, clubhouse, tot lots, and a trail system within the community. The roof material will be tile, and the units will be townhomes.

Mayor Pro Tem Allen opened the public hearing. There being no public comment, she closed the public hearing.

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 11, St. George City Code, to establish site development standards for the Ft. Pierce Industrial Park. City of St. George, applicant.

Community Development Director Bob Nicholson explained that the proposed ordinance incorporates some of the site development standards of the Ft. Pierce Industrial Park, such as setbacks and landscaping requirements into the City Code. He then reviewed the proposed standards. The Planning Commission recommends approval.

Mayor Pro Tem Allen opened the public hearing.

Drake Howell, representing SITLA, encouraged approval of the ordinance.

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

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

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

The vote was unanimous and the motion carried.

SITE PLAN AND BUILDING ELEVATION FOR THE COTTAGES AT FOSSIL HILLS:
Associate Planner Mark Bradley explained that the site will have a desert scape with lawn in front of the units and around the tot lot. The Planning Commission tabled the first request in order for the applicant to dress up the sides of the buildings.

Sean Glather, applicant, explained that there have been challenges in this area. The units will be raised up above River Road, but the impact will be softened with landscaping. The buildings fit against the hills.

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

Mayor Pro Tem Allen called for a five minute break.

CONSENT CALENDAR:
Consider approval of the financial statement for January, 2006.

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

BID OPENING:
Consider award of bid for the Bluff Street waterline project.

Purchasing Manager Sue Swensen presented the bids received:




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February 16, 2006
Page Ten

Cindy Taylor Trucking $286,916.65
Terry R. Brotherson $299,174.52
Tempest $339,188.40

She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $286,916.65.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Cindy Taylor Trucking, in the amount of $286,916.65.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for polymer for the Wastewater Treatment Plant.

Purchasing Manager Sue Swensen advised that invitations to bid were sent to six vendors, but only one bid was received. She recommended award of a blanket contract to Polydene in the amount of $107,952 for the year.

MOTION: A motion was made by Council Member Whatcott to award a blanket contract to Polydyne in the amount of $107,952 for the year.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a heavy truck chassis/cab for the new sewer combo cleaning machine.

Purchasing Manager Sue Swensen recommended purchase through the State contract with Lake City International in the amount of $85,734.

MOTION: A motion was made by Council Member Whatcott to award the bid through the State contract with Lake City International in the amount of $85,734.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a combo sewer machine.

Purchasing Manager Sue Swensen explained that bids were forwarded to three vendors, but only one bid was received. She recommended award of the bid to Maric Sales in the amount of $183,077, with a $45,000 allowance for trade-in, bringing the total bid to $138,077.

MOTION: A motion was made by Council Member Gardner to award the bid to Maric Sales in the amount of $138,077.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a portable liquid-cooled diesel engine drive centrifugal pump.

Purchasing Manager Sue Swensen presented the bids received:

Cutler Pump $59,125.50
Rain for Rent $54,806
Global Pump $55,209.07
Cate Equipment $59,561.25
Godwin Pumps of America $52,570

She recommended award of the bid to the lowest bidder meeting the specs, Rain for Rent, in the amount of $54,806.

MOTION: A motion was made by Council Member Orton to award the bid to Rain for Rent in the amount of $54,806.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for construction of the Fields complex, Phase 1.

Purchasing Manager Sue Swensen presented the following bids:


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February 16, 2006
Page Eleven

Sunroc $6,044,468.97
Hughes $5,348,859.96
Cindy Taylor $5,296,878.32

She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $5,296,878.32

Ryan Jolley of Alpha Engineering explained that the bid schedule is for the pond and pump station. Washington County School District also needs to approve this bid, but has not had a chance to do so.

City Attorney Shawn Guzman advised the City Council to proceed with award of the bid conditional upon approval by Washington County School District.

Mr. Jolley advised that the School District is paying a percentage of the project.

City Attorney Shawn Guzman explained that the City is the contracting agency, but the School District is paying 43.75% of the pump station.

MOTION: A motion was made by Council Member Gardner to award the bid to Cindy Taylor Trucking in the amount of $5,296,878.32 conditional upon approval by the School Board.
SECOND: The motion was seconded by Council Member Bunker.

Leisure Services Director Kent Perkins explained that the system is designed to water not only the softball area, but the entire complex of 52 acres, and is the latest technology.

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

AWARD OF BID:
Consider award of bid for 12" 350 DI pipe, Balck PRTD sleeves, and field lock gaskets.

Purchasing Manager Sue Swensen explained that bids were sent to four vendors, but only one bid was received. She recommended award of the bid to Scholzen Products in the amount of $30,405.

MOTION: A motion was made by Council Member Gardner to award the bid to Scholzen Products in the amount of $30,405.
SECOND: The motion was seconded by Council Member Orton
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

BEER LICENSE: Consider approval of a beer license for Outback Steakhouse. Joseph Kadow, applicant.

Support Services Manger Marc Mortensen explained that this is an existing license with a change in applicant.

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

BEER LICENSE AND LOCAL CONSENT:
Consider approval of a beer license and local consent for a full service restaurant liquor license for Sharky?s Woodfired Mexican Grill. Roy V. Cook, applicant.

Support Services Director Marc Mortensen explained that the restaurant will be located next to Starbucks.

MOTION: A motion was made by Council Member Orton to approve the beer license and local consent.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Allen 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. Linda Sue Christensen, applicant.

Support Services Manager Marc Mortensen explained that there is currently an existing license, and approval is needed for the change in applicant.

MOTION: A motion was made by Council Member Gardner to approve the beer license.

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February 16, 2006
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SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

BEER LICENSE:
Consider approval of a beer license for Chili?s Southwest Grill. Jeffrey Hoban, applicant.

Support Services Manager Marc Mortensen explained that there is an existing beer license but approval is needed for a change in applicant.

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 Pro Tem Allen called for a vote, and all voted aye. The motion carried.

DOWNTOWN FESTIVAL AND REQUEST TO CLOSE MAIN STREET:
Consider approval of a downtown festival and request to close Main Street.

Support Services Manager Marc Mortensen explained that this item was discussed last week in a work meeting. Since then a letter from Alan Crooks has been received indicating a willingness to move the event to Thursday nights. A letter of agreement has also been received from Lewis Reece , counsel for Vintage Celebrations, supporting this change. He indicated the Downtown Alliance asked him to sit on their board in an advisory role, and would like a member of the City Council to be a voting member of the board.

MOTION: A motion was made by Council Member Orton to approve the downtown festivals as proposed by the Downtown Business Alliance and allow them to hold their events on Thursday nights.
SECOND: The motion was seconded by Council Member Whatcott.

Mayor Pro Tem Allen commented she hoped the two groups could work together.

An unidentified woman commented that the Downtown Alliance was a non-profit group, not a volunteer group, and will pay an individual to coordinate the events and answer to the Alliance.

City Attorney Shawn Guzman recommended that any approval be made subject to a contract that would be approved by the City?s legal department and then the City Council.

Support Services Manager Marc Mortensen recommended that the contract also contain sublicensing provisions, requiring the vendors to obtain a sub-license.

City Attorney Shawn Guzman commented that there would be appropriate safeguards in the contract so that it could be terminating in the event certain conditions were not met, or if an emergency arose and the City had to open the street.

Council Member Bunker commented that the presentations by both groups were excellent, but the main objective has to be to build the downtown and bring people into the businesses there. She commented she still felt that Friday night events could have been a win-win for everyone.

Sandy Lenois commented that Chad Hardy stepped forward last year when no one else did and she felt that personal agendas, personal prejudices and unfair attacks were made which resulted in an unfair situation in which Mr. Hardy was shut down and not given an opportunity to make it right.

Debbie with Vintage Celebrations commented that Thursday night events would benefit all, and Friday night events would hurt some. She commented she felt that Chad Hardy should be considered just as strongly as the Downtown Business Alliance.

AMENDED MOTION: Council Member Orton amended his motion to include the stipulation that a written contract be entered into with the City.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 14, 2006, recommended that a public hearing be scheduled for March 16, 2006 at 5:00 p.m. to consider a request to amend Title 10, Chapter 11, St. George City Code, to incorporate recreation enterprises as a permitted or conditional use permit within the M-2 zone. Tim Maserang, applicant.

MOTION: A motion was made by Council Member Gardner to schedule the public hearing as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.

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February 16, 2006
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VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 14, 2006, recommended approval of the final plats for Tuweap Pointe Phase 2, McKenna Cottages Townhomes, and Willowbrook Professional Park.


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 Pro Tem Allen called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION FOR TONAQUINT HILLS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held February 14, 2006, recommended approval of the site plan and building elevation for a proposed retail center with eight retail suites and one restaurant pad located at the southwest corner of Dixie Drive and Silicon Way. Kay Traveller, applicant. The site is a little over three acres and is zoned PD Commercial. Parking exceeds ordinance requirements. The landscaping and setbacks meet all requirements. Signage is under a separate permit. Earth tones will be used, and the buildings are single story. The restaurant is limited to 2,138 sq. ft., otherwise parking requirements cannot be met. The applicant intends to record a one lot subdivision. Staff also recommends approval.

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

LOT SPLIT:
Associate Planner Mark Bradley explained that the applicant is proposing a lot split at the Zion Factory Outlet. A shared parking and reciprocal access agreement has already been recorded.

The applicant advised that a lot split is desired because separate tax IDs are needed for accounting reasons.

City Attorney Shawn Guzman advised that staff has made sure there is adequate parking and landscaping.

The applicant explained that the shopping center was developed in phases, and this parcel was developed in Phase 2 and has different investors. Different tax IDs are needed for different parts of the shopping center.

Council Member Orton commented that traffic in the area has turned out to be a bottleneck, and inquired if employees of the shopping center were being required to park behind the buildings.

An unidentified woman replied that employees do park behind the buildings and are monitored.

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

CONDITIONAL USE PERMIT (PLANNING COMMISSION CASE NO. 2006-CUP-001)
Consider approval of a conditional use permit to construct a three story office building with a height above 35' at the corner of Bluff Street, 200 South Street, and 400 West Street. Larry Belliston, applicant.

Assistant Planner Ray Snyder explained that the subject site contains four lots, and the applicant is proceeding with a merger to make the lots one. There is a 16 ft. elevation difference in the property. The applicant proposes to use the same materials as in his building on 700 South. The project meets the setbacks. The proposed use of the building is office professional, and not medical professional which would affect generated trips in the traffic study. Office professional use generates fewer trips than a medical office. The main issue is height. The building will be 24,000 sq. ft. with underground parking. No opposition has been received from the neighbors. The Planning Commission recommends approval subject to the following conditions:

1. The building is approved with a maximum height of 41' on the west elevation adjacent to Bluff Street, and 53' on the east elevation adjacent to 400 West Street. The average roof height (flat roof) for the site elevation is 47'.


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February 16, 2006
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2. Parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review process by staff. 96 parking spaces are required and shall be 9'x 18' in size with 25' wide drive aisles.

3. A site plan review application along with four sets of plans shall be submitted to the Engineering Department for standard plan check review.

4. An optional merger is required to be processed with staff.

5. Driveway access shall meet the requirements of the City?s Traffic Engineer and the State of Utah UDOT.

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

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

ACCEPT CERTIFICATION OF ANNEXATION PETITION:
Consider acceptance of the certification of the Haskell annexation petition.

Community Development Director Bob Nicholson explained that after acceptance of the certification, the public notification period begins. A public hearing is then held and the annexation can be approved. The applicant has been put on notice that a dedicated right-of-way for Plantations Drive is needed as part of the annexation.

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

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

Public Works Director Larry Bulloch explained that Snow Canyon Parkway is designed to carry traffic east and west. As development has taken place conflicts have arisen that have interfered with traffic flow. The biggest concern is pedestrian traffic trying to cross the street. The City has commissioned a study to look at problems at 2000 North and the Dixie Downs Road area. It became apparent that the entire corridor needs to be looked at in order to minimize the number of signals that may be put in.

Council Member Gardner commented that since the City was aware of the conflicts, he questioned whether a study was necessary, and if it would not be a better use of financial resources to simply fix the problem.

Mr. Bulloch replied that there were too many intersections along the Parkway and there could potentially be a mishmash of signals. The dynamics along the Parkway are constantly changing and too many signals could be placed as an answer to problems as they flare up. The entire corridor needs to be looked at which could eliminate signals.

Council Member Orton commented that he was surprised this was not done when the road was built instead of waiting until the road was nearly built out.

Mr. Bulloch replied that the City should have gotten a wider corridor, but was lucky to get what it did due to pressures of landowners. The City is now living with the circumstances.

Council Member Orton commented that now the road is passable, he hated to see it torn up for right turn lanes at every block.

Council Member Whatcott inquired of Mr. Bulloch if his staff was not capable of doing this planning.

Mr. Bulloch replied that it was a workload situation. The City has advertised three times for an engineer but cannot get anyone to take the position. He stated that the study will tell the City what the optimum use of the corridor is. It will take two months to complete the study at a cost of $49,000.

MOTION: A motion was made by Council Member Gardner to table the matter until it could be discussed in a work meeting.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.


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City Attorney Shawn Guzman advised that the matter could be discussed in the next work meeting, with formal action taken at the March 2 City Council meeting.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held January 26, 2006.

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 Pro Tem Allen called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held February 2, 2006.

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

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




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Gay Cragun, City Recorder