City Council Minutes

Thursday, March 15,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 15, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Council Member Suzanne Allen

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 Gail Bunker. Mayor McArthur then left the stand, and the meeting proceeded under the direction of Mayor Pro Tem Rod Orton.

TABLE ITEMS:
City Manager Gary Esplin advised that four items were tabled from the agenda: Item 2F to consider approval of a design agreement with Carter Burgess to design a traffic signal at Snow Canyon Parkway and Dixie Downs Road, Item 6A to consider approval of a special event permit for a street fair, Item 6D to consider approval of a conditional use permit for a detached garage with a roof peak height of 23' at 3770 Carribean Circle, and Item 6F to consider approval of a lot split for property located at 590 North 260 West Circle.

INTRODUCTION OF SCOUTS:
Mayor Pro Tem Orton invited several Scouts in the audience to introduce themselves.

APPROVAL OF CHANGE ORDER: Consider approval of a change order to pave city streets damaged by construction of the Sunset Village groundwater project.

Purchasing Manager Connie Hood advised the amount of the change order is $210,709.

City Manager Gary Esplin explained that when the actual work was performed, the contractor had to destroy more streets than originally thought. Staff recommends approval of additional funds to repave the streets in the entire subdivision. Funds from the Water Department and annual pavement management program will be used. The City will use the existing contractor, AT Paving, for this project.

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

Public Works Director Larry Bulloch advised that the groundwater project is working.

City Manager Gary Esplin explained that the groundwater project provides an alternative for removing groundwater that the residents did not previously have.

AWARD OF BID:
Consider award of bid for network hardware, phones and IP switches and training for City Hall and the Police Department.


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March 15, 2007
Page Two

Purchasing Manager Connie Hood recommended award of the sole source bid to Cache Valley, the current provider, in the amount of $196,478.81.

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

Support Services Manager Marc Mortensen explained that it will take a few years to recoup the cost of the system. The Voiceover IP system is something that everyone is changing to. Phase one of the project was the Water and Energy Services building. The next phase will include the police department and city office. Next year?s phase will bring more of the satellite offices on board.

Jim Cook advised that with this system the City will never have another phone outage.

Mayor McArthur returned to the stand.

AWARD OF BID:
Consider approval of an engineering services proposal for Energy Services.

Purchasing Manager Connie Hood recommended award of the bid to Power Engineers in the amount of $226,953.

City Manager Gary Esplin explained this bid is for engineering services to reroute the Green Valley kV line.

MOTION: A motion was made by Council Member Orton to award the bid to Power Engineers in the amount of $226,953.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF STUDY:
Consider approval of an airport solar system engineering study proposal.

Purchasing Manager Connie Hood recommended approval to proceed with an engineering feasibility study with Gardner Engineering to install solar generation at the new airport in the amount of $20,000.

Council Member Bunker inquired if grant money could be obtained for this purpose

City Manager Gary Esplin replied that Conservation Coordinator Ren? Fleming was working on obtaining grant money. The Energy Services Director indicates this system has been successful and will help the City diversify its energy portfolio.

MOTION: A motion was made by Council Member Gardner to approve the study.
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 replacement lamps for the UV disinfection system.

Purchasing Manager Connie Hood recommended approval of the sole source bid to Trojan UV in the amount of $40,115.

Mayor McArthur explained that the UV system kills bacteria in the wastewater before it is discharged.

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March 15, 2007
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City Manager Gary Esplin advised that the lamps are replaced on an as-needed basis. He advised he would report back to the City Council on particulars of the replacement process.

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

APPROVAL OF AGREEMENT:
Consider approval of a design agreement with Carter Burgess to design a traffic signal at Snow Canyon Parkway and Dixie Downs Road.

This item was tabled.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order for the Little Valley storm drain.

Purchasing Manager Connie Hood explained that a change order was necessary in the amount of $226,727 to Interstate Rock for additional depth, pipe and vaults.

City Manager Gary Esplin explained that this is a joint project with the Washington County Water Conservancy District (WCWCD). The City is not the original designer of the system. The City entered into an agreement with the irrigation district and WCWCD to increase capacity in the line as well as handle engineering-related changes. By doing this the City saved several hundred thousand dollars.

MOTION: A motion was made by Council Member Gardner to approve the change order.
SECOND: The motion was seconded by Council Member Whatcott.

Council Member Whatcott clarified that this was not an overage.

City Manager Gary Esplin replied that this is an addition to the system to make it work better.

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

City Manager Gary Esplin explained that the project is underway and will be completed shortly so that water can be put back in the canals.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a street fair. Sandy Lenois, applicant.

This item was tabled.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for an expo at Vernon Worthen Park. Rosa Martinez, applicant.

Gloria Bertram explained they would like to hold the Dixie Fiesta on April 28 at Worthen Park. The purpose of the expo is to promote the positive contributions of the hispanic community to Washington County and St. George and show the brighter side of the hispanic community. The expo will feature works of a local painter and photographer, dances, entertainment, rides and games for the family. She requested City sponsorship of the event, waiver of the special event permit fee, that the City provide insurance, and use of the City logo. They will provide set-up and clean-up, and the police department has agreed to provide security.


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City Manager Gary Esplin recommended that a deposit be charged which could be returned to the applicant if the facility is cleaned up. The City has never waived this requirement.

MOTION: A motion was made by Council Member Bunker to approve the special event permit, with waiver of the special event fee but with a refundable deposit for park clean-up.
SECOND: The motion was seconded by Council Member Orton.

Council Member Bunker commented that the applicant was also asking for use of the City?s stage.

City Manager Gary Esplin replied that the stage is not allowed to be used by other entities.

Mayor McArthur advised that the City also requires insurance.

City Manager Gary Esplin clarified that this insurance must be provided by the applicant.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a detached garage with a roof peak height of 23' at 3770 Carribean Circle. Mr. and Mrs. Watts, applicants.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for two towers exceeding 35' in height at the Factory Outlet Center on Red Cliffs Drive. Becky Pendleton, agent.

Planner Ray Snyder explained that the request is needed for a facade change at the Factory Outlet. Two new towers will exceed the 35' height limit to 50' and 52'9", and they would like to increase the height of an existing tower by four feet to 43'. The towers will not be located in a parking lot or restricted area and will not take away from any parking. The Planning Commission recommends approval.

Becky Pendleton, Operations Manager, said the towers will have a smooth, old world texture. In addition there will be new lighting throughout the project and 50% of the store signs will be replaced or remodeled. The remodeling project should be complete within six months.

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

City Attorney Shawn Guzman inquired about compliance by employees to parking in the back of the complex. He stated he was still receiving complaints about the parking situation.

Ms. Pendleton replied that this is something that is worked on constantly and they do enforce this parking requirement.

City Attorney Shawn Guzman reminded Ms. Pendleton that this parking requirement was stipulated by the City Council when they allowed Starbucks to go in.

Ms. Pendleton replied that employees are fined if they don?t park in the back, and employees are reminded monthly about the parking requirement.



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March 15, 2007
Page Five

SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder explained the request is for additions to the Cross Road Center at McArthur Landing at Riverside Drive and River Road. There is an existing driveway owned by the Post Office. The applicant proposes to hook up the driveway to his property for additional cross-access between the two properties. The City?s traffic engineer supports this. The traffic engineer also supports the current ingress and egress to the two new buildings as it now stands. Two new buildings are proposed - buildings ?C? and ?D?. Discussions with the traffic engineer have been had with regard to placement of a median or restricted right-in right-out access. The Planning Commission recommends approval subject to the colors and materials submitted at the Planning Commission meeting, a photometric plan, dark sky pole lighting, concealed heating and cooling equipment and a zero setback for building ?C?. The applicant shall also comply with driveway circulation issues. Mr. Snyder clarified that buildings ?C? and ?D? will be single story.

City Manager Gary Esplin suggested the matter be tabled to clarify traffic and access issues.

Council Member Whatcott commented that the applicant is creating traffic and congestion and therefore they should install the median.

Community Development Director Bob Nicholson stated that Traffic Engineer Aron Baker indicated the City would install the median when warranted.

Mayor McArthur commented that the applicant should participate in the cost of the median at some level.

Council Member Whatcott commented that the applicant designed the project which has poor traffic control and for the City to take on the responsibility to fix it is unfair.

Council Member Gardner commented he worried about the City making arbitrary decisions and instead they should be reasonable and justifiable. The traffic engineer has reviewed the plans and he would hate to require that they be redesigned.

Council Member Whatcott commented a right hand turn lane should also be required, and it did not take a traffic study to see that.

City Manager Gary Esplin commented that the traffic and access issue warranted additional review by the engineering staff.

MOTION: A motion was made by Council Member Orton to table the matter for two weeks and ask the traffic engineers to be present with their plan.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder explained the request is for approval of the site plan and building elevations for a new commercial center called Dino Crossing Commercial Plaza consisting of three buildings located at the intersection of Mall Drive and Riverside Drive.
The total footprint is over 20,000 sq. ft. The Planning Commission asked the applicant to submit revised elevations to the City Council for additional treatment to the rear of building ?B?. They recommended approval subject to traffic engineering conditions.

Council Member Whatcott inquired where the fence would be placed between this project and the adjacent apartment project due to the elevation difference.

Mr. Snyder replied that he did not know but would look at it.

Mayor McArthur commented that a fence is required due to the difference in zones.
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March 15, 2007
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MOTION: A motion was made by Council Member Orton to approve the site plan and building elevations subject to all stipulations and recommendations of the Planning Commission and traffic engineers.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN AND BUILDING ELEVATIONS:
Planner Ray Snyder explained the request is to renovate the former Anderson Lumber building on Bluff Street into a Staples store. Three sides of the old building will remain intact.

City Manager Gary Esplin explained that the applicant felt that staff should be able to review and approve the site plan and elevations because it is an existing building, but because the footprint of the building is over 20,000 sq. ft., City Council approval is required.

Mr. Snyder explained that the Planning Commission asked for revised elevations before the City Council meeting that include designation of the proposed materials to be used and to add additional treatment to the sides and rear of the building, which have now been provided. Greg Anderson is the contractor. The Planning Commission recommends approval with standard conditions.

MOTION: A motion was made by Council Member Bunker to approve the site plan and building elevations subject to the recommendations of the Planning Commission and recommendations of staff.
SECOND: The motion was seconded by Council Member Gardner.

Council Member Whatcott inquired if Staples would keep both locations. He was advised that they would.

Council Member Whatcott inquired about landscaping.

Mr. Snyder replied that at some future date Bluff Street will be widened. The applicant submitted two plans, one showing pre-widening and one showing post-widening landscaping. At present they will have more than the required amount of landscaping, and after widening of Bluff they will meet the 5% landscaping requirement without losing any parking.

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

LOT SPLIT:
Consider approval of a lot split for property located at 590 North 260 West Circle. Rick Arial, applicant.

This item was tabled.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for The Pointe Phase 3 at Sunbrook located north of the intersection of Lost Creek Drive and Emeraud Drive. Sunhill Homes, applicant.

City Manager Gary Esplin explained this public hearing was continued to allow the applicant to be present and discuss issues raised by nearby residents.

Rick Rosenberg, representing the applicant, explained that they will extend the same design of rock wall armament to protect the homes from future flood damage. With regard to extending the cul-de-sac into a through road into Santa Clara, the only way to provide access through a steep basin is to go through the Shelby Frei farm, and if this can be done without landlocking his parcel with the development, there could be the ability to build an access. The City?s Fire Chief has concerns with the length of the cul-

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March 15, 2007
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de-sac. Before the through-road could be built Santa Clara would have to extend its services into this area. A through access will also be difficult to do due to the hillside ordinance. There is not a way to tie a road over the top of the hill without significant cuts on the side of clay hills. The applicant has provided 20' access-ways throughout the subdivision for flood protection and maintenance and fire protection. The access-ways will be landscaped with chipped rock or gravel for low maintenance. The large row of trees on the outside of the wall are owned by three property owners and they will remain. Four trees will have to be come out. The wall will be built entirely on Sunhill property. Erosion will be mitigated with the rock armament.

City Attorney Shawn Guzman advised that there would be no liability for the City. Property owners will be notified of flood potential when they do a title search, and adequate mitigation measures are being taken pursuant to engineering recommendations. He advised there is a master-planned river plan and this project will not encroach into the existing river corridor. They are working outside of 100 year flood levels and want to keep vegetation out of the core channel. They are meeting requirements of the stability study and stabilization will be part of the improvement plan. As far as width of the channel, they are following the river management plan as closely as possible.

Council Member Whatcott commented there was a slim chance a road would ever connect with the cul-de-sac. He stated the only question remaining was if the Fire Department felt the cul-de-sac was too long to provide adequate fire protection.

Mr. Rosenberg commented that Santa Clara is willing to add this proposed connection to its master plan.

City Attorney Shawn Guzman commented that people purchasing property on the cul-de-sac will expect it to remain as a cul-de-sac.

City Manager Gary Esplin commented that this was not a good place for a through road anyway, and there may be a better place to connect.

Mr. Rosenberg advised that the applicant would like to give the rock walls to the City for maintenance.

City Attorney Shawn Guzman replied that if the City maintains them, an easement would be needed.

City Manager Gary Esplin replied that the rock walls would have to be maintained by the City and the City would have to make sure the channel is clear. It would also need maintenance driveways for access.

Mr. Rosenberg replied that dedications to the City would be made. Andy Cox wants access to his property and asked if he could install a gate to perform maintenance on his side of the river. He also needs a livestock fence. He explained that Sunhill approached the BLM about trading the hillside with petroglyphs so that the BLM would own them. However, their land exchanges have gone to the Supreme Court and they have had to abandon the concept. The petroglyphs are not shown in this subdivision as part of open space or park. He stated that he advised Kent Perkins to contact Sunhill about getting a donation process started.

Mayor McArthur opened the public hearing.

Stan Dunbar inquired if the plot plan had been updated since the flood. He was advised that it had. He stated there was a 20-30' drop-off and inquired how the rock wall armament would wrap around the project.

Mr. Rosernberg replied that the drop-off would be sloped so that it would not have a vertical element to it. The rip rap would be as wide and deep and high as that installed

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March 15, 2007
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by the NRCS, but there may be some portions on the south end which will be exposed.
Access roads will be graded. The gate requested by Mr. Frei will be kept locked.

City Manager Gary Esplin commented that the City allows a long cul-de-sac when there is no other possibility.

Mr. Dunbar commented that residents in the area do not want through traffic.

Mr. Rosenberg commented that a note can be added to the plat addressing the erosion hazard study which will give the detailed design engineering information and identify the piece coming to the City.

Keith Shane commented that he was in favor of the development. He expressed concern with flooding and fire dangers. He stated the rip rap must be done to government standards or the next flood would take away the new homes. The accesses between the homes have straight drop-offs and would be too steep for any vehicles to use. He also requested that the farmers? land be contained.

Mayor McArthur replied that vehicle access would be maintained to the rock wall. The City is also trying to get rid of the tamarisk to lessen fire hazards.

Rick Rosenberg replied that the access to the top of the rock wall level would be graded, and if the Fire Chief wants curb cuts, he could do that as well.

Deputy Fire Chief Kevin Taylor stated he did not foresee the Fire Department pulling equipment into the river and the accesses would be better used to set up defensive measures at the rear of the homes. More than likely the equipment would be set up on the top of the walls, and with regard to curb cuts they will work with the applicant.

Andy Cox advised that he has two acres adjacent to the development, some in Santa Clara City and some in St. George City. The proposed development is not adjacent to the creek as his property is between the development and the creek. He expressed concern that he would have access to his property to maintain his trees and not be landlocked. He also expressed concern with a drainage easement which drains water from the cul-de-sac to his property. He asked to have the pipe buried to carry the water to the creek instead of releasing it on his property. He also requested a gate for private access to his property.

Mr. Rosenberg explained that there is a location where Sunhill has access to the creek and an agreement can be worked out with Mr. Cox to provide him access. The buried pipe is not an issue and can be worked out.

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

MOTION: A motion was made by Council Member Gardner to approve the request subject to all the conditions discussed, including a note being placed on the plat with regard to the rip rap.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMENDMENT TO CITY CODE:
Public hearing to consider an amendment to Title 10, Chapter 7B, to allow a minimum lot width of 65 feet in the R-1-7 and R-1-8 zones in the central city residential areas.

Community Development Director Bob Nicholson explained that half of the downtown is now zoned RCC which allows a 65' wide lot. This amendment would extend the allowance of a 65' wide lot in areas in the downtown zoned R-1-7 and R-1-8. The Planning Commission recommends approval.


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March 15, 2007
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Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

City Manager Gary Esplin advised that since the ordinance was not listed on the agenda, it would have to be adopted at the next meeting. The next meeting is a work meeting but it can be made a special meeting to take action on this item.

AGREEMENT:
Consider approval of a wireless lease agreement. Infowest/Kelly Nyberg, applicant.

Support Services Manager Marc Mortensen explained that the City currently has a similar agreement with Skywire Communications. The agreement would allow Infowest to locate a dish and small 12' pole at the candy cane site and water tank in Bloomington Hills and in exchange will provide four hot spots around the City. The term of the lease is five years.

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

APPROVAL OF MINUTES
Consider approval of the minutes of the City Council work meeting held February 22, 2007.

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

Consider approval of the minutes of the regular City Council meeting held March 1, 2007.

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

CORRECTION TO MINUTES:
City Recorder Gay Cragun explained that a correction to the minutes of February 15, 2007 needed to be ratified.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss possible litigation and a land purchase.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.


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March 15, 2007
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RECONVENE:
MOTION: A motion to reconvene was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried.

MISCELLANEOUS DISCUSSIONS:
Brief discussions were held with regard to a possible interpretive center for endangered species, a report from the Economic Development Executive Council meeting, violation of the zoning ordinance in an RV park on Dixie Downs Road, permitting and WCWCD fees, and signs at the Dixie Center.

The meeting adjourned at 7:30 p.m.




______________________________________
Gay Cragun, City Recorder