City Council Minutes

Thursday, August 31,2006



ST. GEORGE CITY COUNCIL MEETING
SPECIAL MEETING
AUGUST 31, 2006, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM

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

ALSO PRESENT:
Planning Commission Member Chapin Burkes
Planning Commission Member Ron Bracken
Planning Commission Member Julie Hullinger
Planning Commission Member Mike Nobis

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Gary Esplin and the invocation was offered by Suzanne Allen.

Mayor McArthur gave a brief update on the St. George Blvd. project and the possible media frenzy over the Warren Jeffs case. He recognized members of the Planning Commission and had them introduce themselves.

AWARD OF BID:
Consider approval of a bid for purchase of netting for The Fields softball complex.

City Manager Gary Esplin explained that netting is needed to protect homes on the north side of The Fields project. He recommended award of the bid to the low bidder, West Coast, in the amount of $61,200.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, West Coast, in the amount of $61,200.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CHANGE ORDER:
Consider approval of a change order for the 100 West storm drain extension project.

City Manager Gary Esplin explained that the project area is from St. George Blvd. to south of 100 South on 100 West. The City is preparing to bid the rest of the project
all the way to 700 South, with the goal to be finished before construction of The Plaza begins in October, 2007.

City Engineer Dave Demas advised that this portion of the project would be completed in 20 days or so, and consists of 320 linear feet of 54" pipe.

City Manager Gary Esplin advised that the amount of the change order is $82,325.

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

DISCUSSION RE USE OF TEMPORARY BANNERS:
Community Development Director Bob Nicholson explained that when the new Sign Ordinance was adopted nine months ago, it did not address banners. There are two kinds of banners - those used by businesses and those used to advertise community events. He distributed a draft policy with regard to use of banners and reviewed it with those present.


St. George City Council Minutes
August 31, 2006
Page Three

Lori Puchlik-Kocinski advised that the Sign Committee recommends the policy to regulate aesthetics. She advised that most shopping centers do not permit banners, so there will not be a lot of free-standing banners.

Mayor McArthur commented that he did not have a problem with banners on buildings, but did not like to see them in the middle of landscaping.

Council Member Allen commented that while large shopping centers may prohibit banners, small shopping centers might not. She stated there must be some criteria for enforcement purposes.

Council Member Bunker suggested a paragraph be inserted with regard to criteria for displaying banners in small shopping centers.

An unidentified man commented that this is already addressed by rents on commercial real estate, and the availability of advertising space is paid for by selection of the location.

Council Member Gardner replied that the flip side of this reasoning is that a prime location may not be available and a secondary location may not offer the right to advertise. Businesses need to be given the right to advertise.

Mayor McArthur commented that this advertising should be done through use of signs.

Council Members Whatcott and Bunker agreed.

Council Member Whatcott commented that the proposed policy allows use of banners for a time period equal to three months each year, and this is adding to the overkill

of signage. Further, it only takes one day in the wind for a banner to become worn or torn.

Mayor McArthur commented that the City allows signs, and signs can easily be changed by the sign companies.

An unidentified woman representing Boulevard Home Furnishings advised that the proposed policy provides the code enforcement officer with enough criteria to either grant or deny a banner permit.

Lori Puchlik-Kocinski suggested removal of item number 10 of the proposed policy as it is redundant and the City does not want any more free-standing signs.

Council Member Gardner commented that Boulevard Home Furnishings has legitimate mounting systems for their banners and they advertise through use of banners more than six times per year.

Council Member Whatcott suggested elimination of item number six as seven days is too long to leave a tattered or torn banner in place.

City Manager Gary Esplin expressed concern with businesses that use banners instead of a permanent sign, and are then allowed use of an additional banner six times a year for 14 days each. It is not the City?s intent that a banner be used as a permanent sign.

Lori Puchlik-Kocinski suggested that banners be allowed six times a year or 84 days a year.

Community Development Director Bob Nicholson advised that trying to keep track of the number of days would be a code enforcement nightmare and suggested that each business be allowed to select its own promotion period.

City Attorney Shawn Guzman expressed concern about the vague definition of terms within the policy.

Several Council members expressed concern that the policy as drafted was not what
the City Council had expected or anticipated.


St. George City Council Minutes
August 31, 2006
Page Three

Mr. Shaw, representing a sign company, advised that a sign contractor license is required to install signs. One type of license is required to install general signs, and another type of license is required to install illuminated signs. Any attachment to a building is supposed to be done by a licensed sign contractor, and there has been no determination made between a temporary and permanent sign.

Council Member Orton suggested looking at the CC&Rs for major shopping centers to get an idea of how to enforce banners throughout the entire City.

Mayor McArthur inquired when a survey of other communities was last made with regard to banners.

Community Development Director Bob Nicholson replied that a survey was completed three to four years ago.

Council Member Gardner commented that the real question was whether to allow them or not, and the recommendation from the Chamber of Commerce and sign companies is to allow them. He stated that the proposed policy provided criteria for enforcement.

Lori Puchlik-Kocinski suggested that the policy be adopted and adjustments be made as needed.

Council Member Orton suggested that torn banners be required to be taken down immediately.

City Attorney Shawn Guzman suggested that permits be required.

MOTION: A motion to adopt the policy as presented was made by Council Member Gardner.

City Manager Gary Esplin advised that the item had not been advertised for action at this meeting.

City Attorney Shawn Guzman suggested the policy be simplified to limit banners to a certain number of days. The policy would be too difficult to enforce as written.

City Manager Gary Esplin commented he did not think banners should be used as permanent signs.

An unidentified man commented that the key item the banner committee was trying to address was the placement of two poles in front of every business with a banner sagging between them, while another is draped down from underneath a canopy. He encouraged adoption of the variable sign space because it can be identified by permit.

Mayor McArthur directed staff to survey other cities with regard to their banner policies.

An unidentified man commented that signs are now printed on plastic with digital printers, or on wood or metal, and that is why the Banner Committee is trying to refer to variable sign space, rather than banners.

DISCUSSION RE LOT SIZE AVERAGING:
Community Development Director Bob Nicholson explained that lot size averaging provides for affordable housing and provides more flexibility. He distributed a hand-out and reviewed it.

DISCUSSION RE ALLOWING HIGH DENSITY RESIDENTIAL IN A COMMERCIAL ZONE:
Community Development Director Bob Nicholson advised that the City?s current code does not allow this option. He distributed a hand-out and reviewed it.

DISCUSSION RE LITTLE VALLEY SUB-AREA PLAN:
Community Development Director Bob Nicholson advised that the goal is to develop a physically attractive area. He distributed a hand-out and reviewed it.



St. George City Council Minutes
August 31, 2006
Page Four

A brief discussion was held on placement of Traditional Neighborhood Development (TND) zones in areas proposed for low and very low density.

Jim Raines commented that flexibility is needed to evaluate projects as they come in to see if they meet the needs of the City. The project should not be evaluated on density alone, but on its quality and design.

DISCUSSION RE TRADITIONAL NEIGHBORHOOD DEVELOPMENT ZONE:
Community Development Director Bob Nicholson explained that the proposed amendment to the code is in draft form only and is not ready for adoption. One concern is that in larger projects a TND works great, but developers are wanting to do it solely for density. Successful TNDs are larger than 40 acres.

City Manager Gary Esplin commented that not every new project that comes in should be a TND, but the City?s code needs to allow for flexibility. The City cannot, however, give away density without getting anything in return.

Jim Raines commented that there are 300+ acre projects waiting for adoption of a TND ordinance. The market is demanding this type of project.

City Manager Gary Esplin replied that the ordinance will be on Thursday?s City Council agenda for adoption.

CHANGE ORDER (CONTINUED):
Consider approval of a change order for the 100 West storm drain extension project.

City Manager Gary Esplin advised that as part of the change order approved earlier in the meeting, he failed to mention that water and sewer lines are needed on 100 West north of Tabernacle in the amount of $27,522.

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

MISCELLANEOUS DISCUSSION WITH PLANNING COMMISSION:
Planning Commissioner Chapin Burkes suggested that the height limit of buildings be raised a little as so many conditional use permits are requested because of height.

Council Member Orton commented that two years ago the City Council discussed this issue in depth and decided that it wanted to look at each building on an individual basis. The City Council is now requiring each presentation to include computer graphics in order to see how the building will be placed and how it will affect the entire neighborhood.

Council Member Allen advised that the City Council is also requiring a map of the entire project and area around the project.

Mr. Burkes commented that parking quotas need to be reviewed, as most businesses do not have adequate parking for their staff, such as Fabulous Freddie?s on Bluff. They have over 50 employees.

Planning Commissioner Mike Nobis commented that hotels especially need more parking.

City Manager Gary Esplin advised that staff would look at beefing up its parking requirements.

A brief discussion was held on the need for traffic studies.

Planning Commissioner Ron Bracken commented that perhaps a fee could be added to a building permit to be used for traffic studies.





St. George City Council Minutes
August 31, 2006
Page Five

Council Member Whatcott commented that anything bigger than a 66' road will require a deceleration/turn lane, and he inquired why the City was forcing developers to pay money for a traffic study when the City already knows that such a lane will be required.

Community Development Director Bob Nicholson commented that the City generally requires a deceleration lane, and the exception is not to.

City Manager Gary Esplin explained that the City Council?s philosophy is when a project comes in, it wants to see smart growth, with a focus on connectivity. The City Council does not care for cul-de-sacs, gated communities, private streets or walls. It wants to see trails, more access on 66' roads, and more creativity.

ADJOURN:
MOTION: A motion was made by Council Member Orton to adjourn.
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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Gay Cragun, City Recorder