City Council Minutes

Thursday, September 7,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 7, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS


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

EXCUSED:
Council Member Gail Bunker
Council Member Bob Whatcott


OPENING:
Mayor McArthur called the meeting to order and welcomes all present. He advised that any approval of an item on tonight?s agenda would require a unanimous vote of the City Council as there were only three members present. He advised that any applicant was welcome to withdraw his or her item from the agenda until there was a full quorum. The pledge of allegiance was led by Mayor McArthur, and the invocation was offered by Council Member Larry Garnder.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

Steve Nelson of the Exchange Club, sponsor of the Mayor?s Walk, presented the Mayor and Council with Mayor?s Walk T-shirts and hats and advised that the 19th annual Mayor?s Walk would be held in conjunction with the St. George Marathon on October 7.

Mayor McArthur invited several more Scouts in the audience to introduce themselves.
He also recognized Grey Larkin, a former Mayor of St. George, who was present as a member of the audience.

TABLE ITEM:
Mayor McArthur advised that Item 6E to consider approval of a cost sharing agreement with the Washington County Water Conservancy District to install a storm drain in Little Valley was tabled from the agenda.

Mayor McArthur again advised that any action taken by the City Council would have to be unanimous as there were only three Council members present.

AWARD OF BID: Consider award of bid for telemetry upgrade and expansion.

Purchasing Manager Connie Hood recommended award of the bid in the amount of $178,080.

Water Quality/Resources Engineer Scott Taylor advised that the goal is to make the operation of wells and pumps as automatic as possible.

MOTION: A motion was made by Council Member Gardner to award the bid in the amount of $178,080.
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 two 2007 Dodge Chargers with police package.

Purchasing Manager Connie Hood recommended award of the bid under the state contract to Ken Garff West Valley Dodge in the amount of $44,000 for both.

MOTION: A motion was made by Council Member Gardner to award the bid to Ken Garff West Valley Dodge in the amount of $44,000 under the state contract.
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 seven 2007 P71 police interceptor patrol models for the Police Department.

Purchasing Manager Connie Hood recommended award of the bid through the state contract to Ken Garff Ford in the amount of $158,294.50. Ms. Hood explained that local vendors cannot bid the police vehicles because they require a special police package.

MOTION: A motion was made by Council Member Allen to award the bid to Ken Garff Ford under the state contract in the amount of $158,294.50.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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September 7, 2006
Page Two

AWARD OF BID:
Consider award of bid for Intelligent Transportation System (ITS) maintenance.

Purchasing Manager Connie Hood recommended award of the bid to TransCore in the amount of $25,100.

Traffic Engineer Aron Baker explained that TransCore was UDOT?s consultant who helped the City develop its Traffic Control Center. TransCore cancelled its contract with UDOT, and instead of waiting for them to get another contract with UDOT, staff recommends contracting directly with them to provide troubleshooting and maintenance. This is the first step in obtaining fiber optics to control traffic within the City.

Council Member Allen recommended that the traffic control center be staffed during times of heavy traffic, such as the opening of the Senior Games at the Dixie Center.

Mr. Baker replied that he could run a special pattern for big events such as the opening of the Senior Games. He advised that an open house for the western corridor study and master transportation study is being held at the Dixie Center on September 13 from 4:00 to 7:00 p.m.

Mayor McArthur inquired if there was a way to time the signals after hours or on weekends to be activated by vehicles, such as at the intersection of River Road and Medical Center Drive.

Mr. Baker replied that at certain times of night the signals go into a free mode for whoever is waiting.

Council Member Allen commented that the signals also need to be re-timed after hours at the intersection of 700 South and 900 East.

MOTION: A motion was made by Council Member Orton to award the bid to TransCore in an amount not to exceed $25,100.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for wood poles for the Power Department.

Purchasing Manager Connie Hood recommended award of the bid for various size poles to the low bidder, J. H. Baxter in the amount of $92,000.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, J. H. Baxter, in the amount of $92,000.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for hybrid bermuda for the golf courses and parks.

Purchasing Manager Connie Hood explained that there were two formal bid responses. Although the cost was lower from West Coast Turf, their drop charge was much higher, so Valley Sod?s bid was the lowest overall. She recommended award of the bid to Valley Sod in an amount not to exceed $80,000 plus a drop charge of $135.00 per drop/order.

Mayor McArthur explained that this sod would be used on an as-needed basis throughout the year.

MOTION: A motion was made by Council Member Gardner to award the bid to Valley Sod in an amount not to exceed $80,000.
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 fiber optic equipment.

Purchasing Manager Connie Hood recommended award of the bid to the sole source supplier, H&L Instruments, in the amount of $95,160, for various equipment to match existing equipment used by the Energy Services Department.

MOTION: A motion was made by Council Member Orton to award the bid to H&L Instruments in the amount of $95,160.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for S&C switches.

Purchasing Manager Connie Hood recommended award of the bid for 18 switches to the sole source supplier, Hughes (Western States), in the amount of $25,110.


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September 7, 2006
Page Three

MOTION: A motion was made by Council Member Gardner to award the bid to the sole source supplier, Hughes (Western States), in the amount of $25,110.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for technical engineering services for the Energy Services Department.

Purchasing Manager Connie Hood recommended award of a blanket purchase order to extend the contract with Ken Puchlick in the amount of $70,000 for the year.

City Manager Gary Esplin explained that the City has not hired enough employees to keep up with what needs to be done in a timely manner.

Energy Services Director Phil Solomon explained that the entire system is being mapped and this will take a year and a half to do.

MOTION: A motion was made by Council Member Allen to award the blanket purchase order to Ken Puchlick in the amount of $70,000 for the year.
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 48" concrete pipe and concrete vaults for the Streets Division.

Purchasing Manager Connie Hood advised that there was only one bidder, and recommended award of the bid to Geneva Pipe in the amount of $48,627.

MOTION: A motion was made by Council Member Gardner to award the bid to Geneva Pipe in the amount of $48,627.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that the pipe will be used to replace old corrugated metal pipe which is collapsing. It drains the Morningside Subdivision area to the Virgin River at about 700 East.

AWARD OF BID:
Consider award of bid for an asphalt paver.

Purchasing Manager Connie Hood explained that two formal bids were received. She recommended award of the bid to the low bidder, Wheeler Machinery, in the amount of $38,649.

City Manager Gary Esplin explained that purchase of this paver will allow City staff to patch trenches and repair small problem areas.

Public Works Director Larry Bulloch explained that the paver will be used for small projects only such as repairing utility cuts or adding a lane to the edge of a road. The paver is only 13' wide, and big, commercial pavers are up to 18' wide.

Mayor McArthur commented that the City does not want to compete against private companies.

City Manager Gary Esplin advised that the City is limited to maintenance only and cannot bid new projects.

MOTION: A motion was made by Council Member Gardner to award the bid to Wheeler Machinery in the amount of $38,649.

Mr. Bulloch advised that delivery would be made within a few months.

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 a 2007 track bulldozer.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of the bid to the low bidder, Wheeler Machinery, in the amount of $148,500.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Wheeler Machinery, in the amount of $148,500.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin advised that this purchase is within budget and the bulldozer will b shared by all City departments.

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September 7, 2006
Page Four

AWARD OF BID:
Consider award of bid for merchant bankcard services.

Purchasing Manager Connie Hood advised that after reviewing bid proposals from four bidders, Wells Fargo offered the lowest cost services in the amount of $76,493.11.

MOTION: A motion was made by Council Member Allen to award the bid to Wells Fargo in the amount of $76,493.11.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CHANGE ORDER:
Consider approval of a change order for the new Water and Energy Services building.

Purchasing Manager Connie Hood recommended approval of a change order to Arnell West related to landscaping and the new VOIP phone system at the Water and Energy Services building in the amount of $118,537.

Energy Services Director Phil Solomon explained that the phone portion of the bid is $40,000.

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

REIMBURSEMENT AGREEMENT:
Consider approval of a reimbursement agreement with Traveller Development to finish improvements on 1450 South between the Boulders and Stone Cliff Subdivisions.

Purchasing Manager Connie Hood advised that the agreement is in the amount of $461,245.

MOTION: A motion was made by Council Member Gardner 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.

City Manager Gary Esplin explained that staff had a meeting today with Mr. Sheffield, with another meeting scheduled for Monday to work through the issue of improvements between 1450 South and 2000 East River Road. If an agreement cannot be worked out with Mr. Sheffield, the City will do the work and then pursue its options against Mr. Sheffield.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held August 22, 2006, recommended that a public hearing be scheduled for October 5, 2006 at 5:00 p.m. to consider a request to amend the City?s general plan land use map designation of an existing 730.676 acres of Low Density Residential land use to a variety of uses for ?The Lakes? project located west of the Sunbrook development and the Cottages at Green Valley.

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

FINAL PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held August 22, 2006, recommended approval of the following final plat: Ledges Phase 6.

Council Member Gardner declared a conflict of interest and advised that he would vote because there would not be a quorum without his vote.

MOTION: A motion was made by Council Member Allen to approve the 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.

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission recommended approval of the following final plats: The Boulevard Centre Subdivision and a one building commercial condominium plat located at 162 North 400 East. Mr. Nicholson advised that parking requirements were met for the commercial condominium.

Council Member Gardner inquired if the final plat for the commercial condominium was consistent with the preliminary plat.


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September 7, 2006
Page Five

Mr. Nicholson replied that there was not a preliminary plat. He explained that the access issue with Caf? Rio has not been resolved.

Development Services Manager Jay Sandberg explained that there had not been a public hearing on the preliminary plat. The purpose of the plat is to facilitate the next plat which is one pad. The Planning Commission recommended approval subject to removal of Pads C and D.

City Manager Gary Esplin commented that a public hearing on a preliminary plat is required by law.

Mr. Sandberg replied that the project was submitted to staff as an as-built to try and facilitate all the different owners, parking and common area.

Council Member Allen inquired if staff felt OK about the circulation within the project if access could not be obtained from Caf? Rio.

Mr. Sandberg replied that this was correct, and there was also an option for access to the east.

City Attorney Shawn Guzman advised that the final plat should have everything on it that is going to be built.

City Manager Gary Esplin inquired if a public hearing on the preliminary plat was necessary for the existing buildings.

City Attorney Shawn Guzman replied it was his opinion that a public hearing was necessary because the project is being replatted. He stated the plat needed to go through the process and pad ?B? removed from the plat and shown as parking instead.

Todd Edwards of Bush and Gudgell advised that the applicant was simply trying to get a pad condominiumized, and staff said it would be good to subdivide the entire piece.

City Manager Gary Esplin advised that this would require a public hearing. He recommended removal of pads C and D, and moving forward with pads A and B since they were already built. He advised that the City Council could take action on the plat subject to review by the City Attorney, or the matter could be rescheduled for a preliminary plat public hearing with the Planning Commission and City Council.

MOTION: A motion was made by Council Member Gardner to approve the plat condominiumizing Buildings A and B as long as the City Attorney rules this can be done without a public hearing on the preliminary plat.
SECOND: The motion was seconded by Council Member Orton.

City Attorney Shawn Guzman advised that he would have an answer for the City Council prior to the September 21 City Council meeting whether or not the plat has to go back to the Planning Commission for a public hearing.

Barry Clarkson, representing the buyer, advised that they are working on a bank deadline, and this same thing in the past has been done. He stated that it would not affect usage or the number of parking stalls, or anything that would require a public hearing. He asked for approval at this meeting, or at least an expedited response from counsel.

City Manager Gary Esplin replied that if the process does not conform to state law, there will be a problem. The City Council has made a motion to approve the plat, but it needs to make sure the process conforms to state law.

Mr. Clarkson advised that he would do the research legwork to make it easier to get an opinion.

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

ORDINANCE:
Consider approval of a new residential solicitation ordinance.

City Manager Gary Esplin commented that approval of the ordinance will bring the City into conformance with state law.

City Attorney Shawn Guzman explained that the proposed ordinance does not make many changes to the ordinance adopted last year, but are made as a result of settlement of a lawsuit filed by Kirby Vacuum against numerous cities. The League has come up with a model ordinance, and the minor changes are recommended to bring the City?s ordinance into conformance with others in the state.

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



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September 7, 2006
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Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution establishing fees in conjunction with the new residential solicitation ordinance.

City Attorney Shawn Guzman explained that per the settlement agreement with Kirby Vacuum, the license fee for residential solicitation has been reduced to $15, and all other business license fees are simply being adopted. As part of the settlement the City agreed to reduce its residential solicitation fee to $15 for one year, but after that it is free to charge a higher fee.

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

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye

The vote was unanimous the motion carried.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

ORDINANCE:
Consider approval of an ordinance enacting a prohibition of oleander plants in certain zones.

City Attorney Shawn Guzman read the ordinance in its entirety. He advised that staff had not been able to find any other jurisdiction in the country that prohibits oleanders, as they are recommended in a lot of areas as drought-tolerant plants. He stated that the proposed ordinance would be difficult to enforce.

Council Member Gardner commented that there have in fact been a number of horses poisoned in the St. George fields by oleander leaves, and he personally has lost livestock due to oleanders. He expressed surprise, however, that the ordinance contained a requirement that oleanders be removed instead of simply prohibiting the planting of more.

City Attorney Shawn Guzman advised that Norco, California had an ordinance prohibiting oleanders, but repealed the penalty. The ordinance will prohibit someone from planting oleanders in open space next to residential zones with no large animals, when in reality they would not be doing any harm. The ordinance would not, however, prohibit someone from planting oleanders in a zone adjacent to a zone which prohibits oleanders.

Council Member Orton commented that the ordinance does not take care of every situation, but it is a step in the right direction and will at least let the citizens of St. George know that the City is concerned about the safety of animals and children. It is also critical to send a message to the County and encourage them to look at doing the same. Approval of the ordinance also lets the livestock industry know the City supports them.

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

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Mulberry Point Townhomes located between the I-15 freeway and 500 South Street at about 1000 East. Chris Hendershot, applicant.

Development Services Manager Jay Sandberg explained that the projects consists of 12 units. A discussion in Planning Commission centered around the appearance of the project from the freeway. The developer agreed to plant a tree for each unit. Vegetation obstructing the driveway will need to be trimmed.

An unidentified man advised that he agreed to plant a tree between each building. An 8' concrete wall will be built to cut down on the noise from the freeway.


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September 7, 2006
Page Seven

Mr. Sandberg advised that he mis-spoke and the applicant did agree to plant a tree between each building.

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

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat.
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/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for River Crest Townhomes located near the northwest corner of the intersection of 2450 South Street and River Road. Jeff Adams, applicant.

Development Services Manager Jay Sandberg advised that a request was previously made for a storage unit project on this property, but was denied by the City Council. The proposed project falls under the existing zoning. There is a grade difference between this project and the existing River Crest project, and a retaining wall is proposed, with units moved away from the retaining wall.

Mayor McArthur opened the public hearing.

Bill Lobato advised that he lived adjacent to the project and inquired about a recreation area and the retention pond.

Mr. Sandberg replied that the plat shows a couple of areas for retention but they are conceptual at this point. The goal is to make sure the drainage is handled and does not affect River Crest.

Mr. Lobato commented that the retaining wall structurally is not a retaining wall but is a garden wall. This needs to be addressed or any water from the project will come down on to his property. He inquired if a 6' high wall was intended for the project.

Mr. Sandberg replied that a retaining wall was needed and will be considered as part of the construction drawing review process.

Mr. Lobato inquired if the applicants would be instructed to remove the garden wall and build a retaining wall.

Mr. Sandberg replied that there is a an existing wall which was built as a retaining wall, and it may have to be uncovered and looked at. If there is no documentation, this will be taken care of during the normal review process.

Mr. Lobato commented that the wall is already cracking and separating. He inquired as to the height of Unit 1 and expressed concern about the visual impact of Lot 1 in reference to the lot adjoining him.

Tiffany Bruce commented that there is a group of property owners concerned about property values and the area turning into a rental area. She stated that the area contained many young people and the project would not make the area safe for kids to ride their bikes and play.

Melanie Stevens, a resident of Jedora Estates, expressed concern that only a small portion of her neighborhood received notice of this public hearing. She expressed concern about people moving in and out of the proposed project, property values, and the close proximity of the proposed units to one another. She stated she wanted to make sure the proposed project would be maintained and would be safe and quiet.

Council Member Orton advised that the proposed project is a permitted use on the property, and the City Council previously denied a request for storage units on the property to protect the neighborhood.

Mayor McArthur explained that the property was zoned for multiple family residential before Jedora Estate was zoned. Further, the City is only required to advertise the public hearing in a newspaper, but sends out notices to neighbors within 300 feet as a courtesy.

Bill Lobato inquired if there had been a traffic study for this area along River Road as there is an excessive amount of traffic which is multiplying every day. He inquired about the possibility of a traffic signal at that corner.

City Manager Gary Esplin replied that a traffic study has been completed for all of River Road, and as soon as the requirements are met, a traffic signal will be installed. He did not, however, know if the warrant had been met.

Council Member Allen advised that this intersection is on the list and will require a traffic signal.



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September 7, 2006
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Development Services Manager Jay Sandberg advised that the project meets the requirements of the Zoning Ordinance, and staff will review the drainage and make sure the retaining wall meets standards. He stated he was not sure whether the applicant would build one or two story units. The setbacks meet requirements, and this particular development does not warrant a traffic study. The applicant is dedicating to the City a 12' deceleration strip needed for the intersection and is contributing to the overall good of the intersection. The applicant could also fit more units on the site, but has less units than zoning would allow.

Jeff Adams, applicant, advised that because of the 12' deceleration lane, one unit was lost. As far as the height of the units, they will be 25' give or take. They will be two stories with 9' ceilings and another 7' of roof. They are less than the maximum height allowed.

Bill Lobato inquired what the recreation area would consist of.

Jeff Adams replied that he had not yet gotten to that point, but it would be something that would appeal to the people with children who purchase the units.

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

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat.
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/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Tonaquint Heights Phase 1 located south of the Tonaquint Terrace subdivision and west of Tonaquint Drive at approximately 2500 South Street. Quality Development, Inc., applicant.

Development Services Manager Jay Sandberg explained that the project has been through the hillside review process and a couple of field trips were made to the site. The reason only Phase 1 is being considered is because there are water supply and pressure issues which are being worked through, and Phase 1 does not have any of these issues. This project is unique in that there are pads within building envelopes on each lot which limit the amount of disturbance. The concept of the project is to maintain undisturbed areas with quite a bit of open space. Access will be off Tonaquint Drive. There are grade problems and a cooperative agreement will be needed to lower the grade on Tonaquint Drive. A cost sharing agreement is recommended to lower the grade and replace the water line which will be worked out before construction drawings are submitted to the City. Some of the trails within the project will be designated as hard surface trails for handicapped users and strollers. It is also recommended that the rock park area contain parking. The Building Department will assign one inspector to the project so that he or she may become familiar with the requirements of the project for consistency with inspections.

Council Member Allen inquired what would prevent an owner in subsequent years to disturb the no disturb area.

Community Development Director Bob Nicholson replied that the no disturb area would be protected by CC&Rs and a note on the final plat.

Mayor McArthur opened the public hearing.

The applicant advised that it was his intent to mimic other projects such as Kayenta and Chaco Bench and preserve the undisturbed areas. He understood that it will be difficult to monitor.

Council Member Orton commented that the neighbors will be the best monitors.

Council Member Allen commented that if it cannot be guaranteed that the areas will not be disturbed, building should not be allowed. There comes a point when the citizens will not be happy if all the sensitive rock areas within the City are covered with homes. The city has the ability to say what is expected and should not allow as much development if the developers cannot figure out a way to protect the sensitive areas.

The applicant advised that a majority of the unique outcroppings were taken out of the buildable area and some area will be donated to the Parks Department.

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

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




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September 7, 2006
Page Nine

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, St. George City Code, to add a provision for lot size averaging. City of St. George, applicant.

Community Development Director Bob Nicholson explained that the proposed amendment to single family residential zones will allow more flexibility.

Council Member Gardner left the stand.

Community Development Director Bob Nicholson explained that the ordinance allows flexibility to adjust lot sizes down to 70% of the required area and frontage provided that the overall density stays the same. This provides for green space and trails. In an R-1-10 zone, a 7,000 sq. ft. lot would be the smallest lot allowed, but the overall density would not increase. Perimeter lots should match adjoining lots. This ordinance change would only apply to new subdivisions and not for retrofitting existing subdivisions. The smaller lots should be dispersed throughout the subdivision. Lot size averaging would be subject to approval by the Planning Commission and City Council.

Council Member Gardner returned to the stand.

Mayor McArthur inquired if there was a limit to the project size.

Council Member Orton commented that this would take care of itself.

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 ordinance.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider approval of an amendment to Title 10, St. George City Code, to include the addition of a new section for Traditional Neighborhood District (TND). City of St. George, applicant.

Community Development Director Bob Nicholson explained that this proposed ordinance was discussed in several work meetings. He then reviewed the proposed ordinance. A 40 acre minimum project area is required, divided into at least two types of areas - a neighborhood center with civic and commercial uses, and mixed residential. The neighborhood center must be at least 5% of the project area and will allow the possibility of an employment center.

Council Member Gardner clarified that someone proposing a TND would have to go through the public process, but a change to the master plan would not be required.

Community Development Director Bob Nicholson replied that this was correct because the zone was not being changed. Areas on the master plan that allow TNDs will be cross-hatched for identification. The City Council can deny a request for a TND if it finds the area is not suitable for one.

City Manager Gary Esplin clarified that the City Council will see the request as part of the PD process but will still have discretion to approve or deny the project. The City Council can also require the applicant to ensure design guidelines are met.

Community Development Director Bob Nicholson commented that at this point there is no mandatory requirement to set aside an area for attainable housing.

City Manager Gary Esplin advised that attainable housing will be addressed through a separate resolution. There is a provision that allows a developer more density if they provide attainable housing under the PD zone.

Mayor McArthur opened the public hearing.

Ed Baca read a statement complimenting the Mayor and City Council on adoption of the ordinance.

Rick Rosenberg inquired about property on the edge of a 40 acre parcel being developed as a TND, and if it could be added to the development with the same restrictions. He stated that it made sense to allow a smaller piece to continue the development. He suggested that language in the proposed ordinance be softened to allow the City Council flexibility, such as approving a 37 acre piece that is bounded by arterial roads.


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September 7, 2006
Page Ten

City Manager Gary Esplin commented that the intent may be good, but the real problem is the requirements of neighborhood centers and parks. If someone joined a five acre parcel to a TND, they would not have contributed to the cost of the infrastructure and this would not be fair. There should be flexibility in the ordinance, however.

Council Member Orton suggested that the ordinance language be changed to require a project of ?approximately? 40 acres.

Community Development Director Bob Nicholson commented that there were no density limitations in a TND.

Council Member Gardner commented that a TND is based on design, not density.

Mr. Rosenberg commented that the TND was a stand-alone zone, and he assumed the submittal requirement would be similar to that of a PD.

City Manager Gary Esplin replied that this was correct, with a development agreement, and showing all elevations, design, etc.

City Attorney Shawn Guzman commented that it is not clear to the developer what the density is, but with the requirements for setbacks, there theoretically is a maximum density somewhere along the way.

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

City Manager Gary Esplin commented that the City has been looking at this ordinance for a long time, and while it may not be perfect, there is a need and opportunity to see projects move ahead. This ordinance along with the lot size averaging ordinance will allow creativity.

MOTION: A motion was made by Council Member Allen to approve the ordinance subject to the change allowing a project size of approximately 40 acres.
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 Gardner - aye

The vote was unanimous and the motion carried.

Mayor McArthur called for a ten minute break. The meeting then resumed at the conclusion of the break.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a private school to be located at 25 North on 100 East in a C-4 commercial zone. Barry Perkins, applicant.

Council Member Gardner declared a conflict of interest, stating that he was the owner of the building at 25 North 100 East, but will vote so that there will be a quorum.

City Planner Ray Snyder explained that the school proposed to operate in the space now occupied by Southern Utah Office Machines is for children in grades Kindergarten through 12th. The zone is C-4 and educational institutions are permitted within the zone with a conditional use permit. There is sufficient parking. The school proposes 30-50 students for three days a week from 8:30 a.m. to 12:30 p.m. The older children may have elective afternoon classes but no later than 2:00 p.m. The Planning Commission recommends approval subject to eight conditions:

1. Approval is given for a maximum of 50 students. The applicant shall return for review of any future expansions.
2. The applicant shall meet all building occupancy requirements.
3. The parking requirements have been reviewed and considered adequate.
4. Carpooling shall be encouraged by the applicants to the students? parents.
5. All drop-off and pick-up shall be restricted to the west side of the building (no drop-off or pick-up shall occur on 100 East Street).
6. The hours shall be 8:30 a.m. to 12:30 p.m. for ages 6-12.
7. The hours may be 8:30 a.m. to 2:00 p.m. for ages 13-18.
8. Students shall not intrude on other businesses.

Mr. Snyder advised that he had received one letter and one e-mail against the proposal.

City Attorney Shawn Guzman advised that the City Council has already allowed one liquor license downtown, and expressed their approval to allow only restaurant liquor licenses within the radius of the Tabernacle. The City Council would be free to approve another restaurant liquor licensee close to this school.

City Manager Gary Esplin commented that the City Council recognizes that this is a special area of the City and it has spent a lot of money making it viable. Approval of this conditional use permit would not preclude a restaurant serving liquor to locate in the downtown area.

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September 7, 2006
Page Eleven

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

SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder explained that the Planning Commission recommended approval of a site plan and building elevations for a commercial office and retail center called ?Dixie Commons? subject to the following conditions:

1. Provide 25' building setbacks.
2. Provide 25' landscaping.
3. Signage shall be approved under a separate permit.
4. Earth tone colors and materials shall be used as represented on the elevation submitted August 8, 2006.
5. The maximum building heights shall not exceed 35'.
6. Street trees shall meet the City?s ordinance.
7. Landscaping shall be added to the front of the buildings on the inside of the site.
8. Screen all rooftop HVAC equipment.
9. Provide a photometric plan.
10. Merge the lots together.
11. Meet the requirements of the City Traffic Engineer.
12. This approval does not include the bank building and fast food building for which colored elevations were not provided.
13. Building ?J? may be reduced four feet (4') to meet traffic engineering requirements. Landscaping may be reduced but not eliminated by this building.
14. The overall site landscaping shall meet or exceed the minimum requirement and shall be verified during plan checking.

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

HILLSIDE DEVELOPMENT PERMIT:
City Planner Ray Snyder advised that the Planning Commission recommended approval of a hillside development permit for a proposed duplex at the southeast corner of the intersection of 250 West and 950 South subject to the recommendations of the Hillside Review Board:

1. Permission is granted to develop a duplex under the previous hillside ordinance standards.
2. The driveway shall meet ordinance.
3. Install a v-ditch and/or drainage system around the retaining wall.
4. The proposal to install 2' x 4' concrete blocks for retaining wall is approved.
5. Utilize native rocks on site into the landscaping.

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

REQUEST FOR SEPTIC TANK:
Consider a request for use of an individual septic tank waste disposal system for a proposed single family home at 3314 East 2170 South. Cory Hughes, applicant.

City Manager Gary Esplin explained that the request needs City Council approval because of concurrency requirements. The property is a larger lot which will be carved from a larger piece proposed for one home. The applicant does not propose anything for the rest of the property until there is further development in the area. Staff recommends approval subject to signing all the required assurances that as soon as the sewer comes within a certain distance of the property, it will be mandatory for the applicant to connect to it, regardless of how long the septic tank has been in, and that he dedicate necessary frontage for the master planned roadway and make the required improvements to the lot.

MOTION: A motion was made by Council Member Orton to approve the request subject to the recommendations of the City Manager.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FRANCHISE EXTENSION:
Consider approval of a two year extension of Charter?s existing cable TV franchise. Orange Communications, applicant.

Mayor McArthur explained that the City would entertain a request from anyone requesting a franchise from the City. It has been the City?s practice in the past to grant


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September 7, 2006
Page Twelve

non-exclusive franchises. Under this guideline the applicant requests a franchise. The City Council will entertain comments from the applicant only.

City Attorney Shawn Guzman explained that what the City will be doing in addition to approving the extension is consenting to the sale of the cable system with Charter to Orange Broadband. The request to consent to the sale is routine and cannot be unreasonably withheld as it meets all requirements. The two year extension involves extending the current franchise which is set to expire in February 2007. Conditions of the two year extension would essentially remain the same with exceptions. Different requirements are proposed as far as build-out. Orange has committed to serving the entire City with triple play - telephone, internet and video. They will also service the entire City with HDTV and DDR technology.

Steve Urquhart, representing the applicant, explained that Orange has purchased the Charter system and will invest another 30 million to bring new services to all residents within the City with a build-out of three years. Orange understands that the franchise would not be exclusive, but will require that every franchisee provide the same services in a uniform manner to every citizen, within a specified time period and with a specific percentage to be built-out each year, and with a consequence of revocation of the franchise if this does not happen.

City Attorney Shawn Guzman advised that Orange will agree that other video providers adhere to a three year build-out subject to the Legal Department working out the language with Orange as far as the franchise agreement.

Steve Urquhart explained that Orange would prefer that the City stick with the policy that uniform and equal service is best.

Mayor McArthur commented that the City Council will determine the time frame and percentage which must be built out each year. The franchises will be non-exclusive, but service will be provided to all citizens over a specific period of time.

Steve Urquhart advised that Orange will bring state-of-the-art services to all citizens in the next two years consisting of fiber optics to every neighborhood in St. George. Over the next two years there will be competition in the triple play market and consumers will reap serious financial benefits as price wars go on.

Steve Schuler, CEO of Orange Broadband, explained he expected a two year build-out.
The sale has been finalized and closed last Friday.

Mayor McArthur inquired what if the build-out did not occur in two years.

Mr. Schuler replied that typically a franchise extension is for 10-15 years, but because of the problems experienced with Charter, Orange is only asking for a two year extension to watch them shine.

Steve Urquhart clarified that during the two years they would have a non-exclusive franchise.

Council Member Gardner commented that the City recognized the efforts made to bring the industry to a new level and the technology to St. George. The City Council?s ultimate concern is that it wants the residents to have access to services which are provided in the fairest way possible.

MOTION: A motion was made by Council Member Gardner to approve the two year extension, and approve the sale of Charter Cable to Orange Broadband, with language worked out between the City?s Legal Department and Orange reflecting the ideas presented tonight.
SECOND: The motion was seconded by Council Member Orton.

City Attorney Shawn Guzman clarified that language in any franchise will reflect that build-out will be determined by the City, with the requirement that the franchisee present a percentage of the build-out per year or the number of years for the build-out to the entire system, and failure to do so will result in termination of the franchise with the City. Everyone will be subject to this penalty, including Orange.

Steve Urquhart commented that the penalty should be commensurate with the cost of what the franchisee has committed to do.

City Attorney Shawn Guzman replied that the penalty will be the same as the penalty Orange would incur if it did not meet the requirements of the extension.

AMENDED MOTION: Council Member Orton amended his motion to also include the stipulations that the same stipulations and time frame will apply to Orange.

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

Mayor McArthur advised that the City would entertain other applications for franchises when received.

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September 7, 2006
Page Thirteen

Bill Schuler advised that Orange will be improving customer service by hiring new customer service representatives, field technicians and dispatchers and by adding new phone lines. The office will be moved to a new facility.

Mayor McArthur inquired when improvements would begin to be seen.

Mr. Schuler advised that Orange would be adding new services in the first quarter of next year, but residents would begin to see subtle improvements in reliability before then. Mr. Schuler explained that a way of keeping costs in line is by bundling services and driving more services over the same network.

AGREEMENT:
Consider approval of a cost sharing agreement with the Washington County Water Conservancy District to install a storm drain in Little Valley.

This item was tabled.

LAND EXCHANGE:
Consider approval of a land exchange.

City Manager Gary Esplin explained that approval is needed for a land exchange for property located on the east side of the Black Hill adjacent to the City?s substation. Staff suggests an exchange of property value to value. He suggested obtaining an appraisal for the properties.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held August 3, 2006.

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

Consider approval of the minutes of the City Council work meeting held August 10, 2006.

MOTION: A motion was made by Council Member Orton to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Gardner.
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 August 17, 2006.

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



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Gay Cragun, City Recorder