City Council Minutes

Thursday, May 3,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 3, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Rod Orton
Council Member Bob Whatcott
Council Member Larry Gardner
Council Member Suzanne Allen
Council Member Gail Bunker
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
City Attorney Shawn Guzman

APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Allen to appoint Council Member Rod Orton as Mayor Pro Tem for the meeting.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: All voted aye, except for Council Member Orton, who abstained. The motion carried.

OPENING:
Mayor Pro Tem called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Scout Daniel Beckstrand, and the invocation was offered by City Manager Gary Esplin.

PROCLAMATION:
Marilyn Davis advised that Washington County is the only place in the world the Dwarf Bear Claw Poppy grows, and it is in full bloom now.

Mayor Pro Tem Orton read a proclamation declaring the second Saturday in May as Dwarf Bear Claw Poppy Day in the City, and presented the proclamation to Ms. Davis.

PRESENTATION:
Dr. Doxie, the founder of the Doctor?s Free Clinic, introduced Dr. Lambert, the medical director of the Clinic. Dr. Doxie advised that the name of the clinic has been changed to the Doctors? Volunteer Clinic in order to be more accurate, as the clinic is not a government hand-out clinic, but a volunteer community clinic. Dr. Doxie explained that the clinic targets patients without health insurance and is staffed mostly by retired physicians. The clinic provides medical, dental and emotional health care services and is supported annually by donations and charities.

Dr. Lambert explained that the clinic has one full-time and two part-time employees who do clerical work. Seven doctors, five dentists, and six nurses all volunteer their time. Last year the clinic saw 7,000 patients, 98% of whom are citizens of Washington County. The clinic sees an average of 35 patients a day.

Dr. Doxie advised that last year the clinic donated $1.4 million in health care to the community. In 2006 it paid $3,452 in utility bills to the City. He requested a waiver of the utility bills.

Council Member Gardner commented he supported the request.

City Manager Gary Esplin explained this request would have to be scheduled on a City Council agenda in order to take action. The City must conform to state law with regard to making donations to non-profit organizations. Staff supports the request if the City can legally make the donation.


PRESENTATION:
Mayor Pro Tem Orton recognized former Mayor Karl Brooks and his wife, Carla, in the audience.

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May 3, 2007
Page Two

Karl Brooks explained that the City of St. George and a city in Wales became sister cities in the early 1990's while he was Mayor.

The Mayor of Abergallie in Northern Wales explained that they are also the controlling council of the township of St. George in Wales.

The wife of the Mayor of Abergallie, and also a councilor, explained that Abergallie has produced a new town guide, which she presented to Mayor Pro Tem Orton. She advised that they would like to renew their sister city friendship.

The Mayor of Abergallie presented his City shield to Mayor Pro Tem Orton.

Mayor Pro Tem Orton presented the Mayor of Abergallie with a key to the City and letter holder hand made by Mayor McArthur.

SUNSATIONAL DAYS OF SUMMER KICK-OFF:
Cammie Farr, the new Leisure Services Project Coordinator and Race Operations Manager for the Marathon, introduced herself and passed out promotional items to the Mayor and Council to announce the kick-off of the Sunsational Days of Summer. The first event, a fishing derby, will be held this Saturday.

Phil Solomon and Rick Rosenberg, representing the Southern Utah Anglers, advised that several City ponds have been stocked in anticipation of the fishing derby.

Mayor Pro Tem Orton invited a Scout in the audience to introduce himself.

AWARD OF CONTRACT:
Consider award of contract for stained glass for the Town Square tower.

Gary Sanders advised that a window size correction has been made to 201 sq. ft. The contractor will install the frame to expedite construction. The renderings will be updated so the Council can review them. Jacobson Construction has worked with stained glass before and will encase the stained glass in tempered glass on both sides to protect it from vandalism.

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

Mayor Pro Tem Orton advised that he would vote during the meeting.

AWARD OF BID:
Consider award of bid for a new 2007 extended dipper stick loader backhoe for the Water Department.

Purchasing Manager Connie Hood explained that four bids were received, with two deemed responsive. She recommended award of the bid to the low bidder, Scott Machinery, in the amount of $67,738.

Water Services Manager Barry Barnum explained that a dipper stick loader is like an extend-a-hoe to dig deeper and reach farther.

MOTION: A motion was made by Council Member Gardner to award the bid to Scott Machinery in the amount of $67,738.
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.

AWARD OF BID:
Consider award of bid for SCADA supplies and repairs.

Purchasing Manager Connie Hood recommended award of a blanket contract with Lectrol for SCADA supplies and repairs in an amount not to exceed $50,000 for the year.
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May 3, 2007
Page Three

MOTION: A motion was made by Council Member Whatcott to award a blanket contract to Lectrol in an amount not to exceed $50,000 for the year.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for crack seal, seal coating and striping of trails and parking lots.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of the bid to the low bidder, Holbrook Asphalt, in an amount not to exceed $28,416.

MOTION: A motion was made by Council Member Bunker to award the bid to Holbrook Asphalt in an amount not to exceed $28,416.
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 the Virgin River Trail Phase III reconstruction project.

Purchasing Manager Connie Hood explained that this item was tabled from the last City Council meeting because the vendor pulled its bid. She recommended award of the bid to the second low bidder, Trade West, in the amount of $194,595.40.

MOTION: A motion was made by Council Member Gardner to award the bid to Trade West in the amount of $194,595.40.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin advised that reconstruction of the trail is a FEMA project. The trail washed out in the 2005 flood. There have been problems with environmental clearance and rights-of-way and the trail had to be moved from the location it was before. It will connect with the Middleton Wash trail.

RESOLUTION:
Consider approval of a resolution adopting the 2007-2008 preliminary budget for the City of St. George.

City Manager Gary Esplin presented the 2007-2008 preliminary budget for the City, explaining that under state law the preliminary budget must be submitted at the first Council meeting in May. He commended Budget and Financial Planning Manager Deanna Brklacich for her work on the budget and its professional presentation. This year?s budget is over $300,000,000. Much of the budget this year is in capital projects due to the airport, southern corridor and public works capital projects such as the Mall Drive bridge. The general fund budget is $46,000,000. No tax increase is being proposed. There will be recommendations in the enterprise funds for increases in fees. The final budget will be placed on-line at the City?s web site once it is approved. He explained that for every dollar paid by residents in taxes, only 13? goes to the City for its general fund for police, fire, streets, etc. He advised that the budget is available for review in the City Recorder?s office.

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

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

The vote was unanimous and the motion carried.

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May 3, 2007
Page Four

City Manager Gary Esplin advised that the budget would be placed on-line in one week.

RESOLUTION:
Consider approval of a resolution invoking Phase I of the Water Conservation Plan with additional requirements.

City Manager Gary Esplin explained that Phase I of the Water Conservation Plan is voluntary. The City has adopted the Plan in past years with a time of day watering requirement, no washing of cars without an automatic shut-off on the hose, and no washing down of hard surfaces.

Conservation Coordinator Ren? Fleming advised that the first full week in May is designated as Water Week, and this is a good time to make everyone aware of how valuable water is. She advised that she would issue press releases, include a message on utility bills, and use an e-mail list to get the word out. She has also contacted larger commercial users such as PUDs.

City Manager Gary Esplin advised that parks and golf courses are watered during the day with non-potable water as the City cannot water all of its facilities in the evening due to storage constraints.

Ms. Fleming advised that Dixie State College also uses irrigation quality water to water
during daylight hours.

Council Member Gardner commented the focus should be on wise water use rather than conservation, as conservation has a negative connotation.

MOTION: A motion was made by Council Member Whatcott to approve the resolution invoking Phase I of the Water Conservation Plan with the addition of some restrictions from Phase II which are time of day watering, no washing of hard surfaces, and use of automatic shut-offs on hoses if washing cars.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Tonaquint Valley Phase 5 at 1100 West and 2200 South. Brett Burgess, Quality Development, applicant.

Community Development Director Bob Nicholson explained that the project backs onto Curly Hollow Drive and is located across from the new schools in the Tonaquint Valley.

Mayor Pro Tem Orton opened the public hearing. There being no public comment, he closed the public hearing.

Council Member Gardner inquired if the size of the subdivision was driven by impact fees.

Jim Raines replied that limitations of the property drove the size of the project and not impact fees.

Council Member Bunker inquired about the pedestrian access and if it connected with any walkways.

Mr. Nicholson replied that the trail will connect with the proposed rock park.


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May 3, 2007
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Mr. Raines advised that there were no rock outcroppings on this piece.

MOTION: A motion was made by Council Member Gardner to approve the plat.
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 HEARING/ORDINANCE/AMEND GENERAL PLAN:
Public hearing to consider approval of an amendment to the City?s General Plan for the area referred to as the South Block. SITLA, applicant.

Community Development Director Bob Nicholson explained this General Plan amendment was the result of 2.5 years of work between the City and SITLA. Charettes were held in May, 2005. This plan builds on the study Jeff Winston did about two years ago. The plan proposes a self-sufficient community comprised of residential, commercial, light industrial, mixed use, open space, endangered plant habitat, a transportation network, and a trail system. There are five residential neighborhoods with up to 13,000 dwelling units, translating to a population of 36,400. There are proposed sites for seven elementary schools, one intermediate, one middle, and one high school. There is also room for expansion of Dixie College. The main highways are the Southern Corridor and River Road arterials. The neighborhoods are higher density with smaller lots which help to provide affordable housing. There is a mixed use town center, 2,200 acres is in some form of park or open space and some is set aside for endangered plant habitat. He commended the effort SITLA has made to plan this area. It was presented to the Planning Commission on April 10 and the Planning Commission recommended approval. The applicants met with the Hillside Review Board on April 11 and they endorsed the concept in general, knowing any grading permit would come back to them for approval. One change was made yesterday to the plan, which was to add a road to extend to the I-15 frontage road through the industrial park across the Ft. Pierce Wash.

Gary Wood, representing the applicant, advised the plan is the framework for land use. Zoning decisions would be made at some time in the future. The effort is the product of four years effort in all areas of development. He then presented a power point presentation with a vicinity map, master plan components comprising the South Block master plan, South Block network analysis and traffic study, infrastructure analysis of the South Block, technical studies and reports, acreage inventory, master plan components, open space and trail plans, and a roadway plan. He explained that the proposed road through the open space and valley northwest of Planning Area 1.7 should be preserved if needed in the future. He explained that the road into Little Valley has always been intended to extend over the wash.

Council Member Gardner inquired if there was latitude for future expansion of the business park to the south.

Mr. Wood replied that the plan provides for that. Small ridges will be used as buffers between the extension of the business park and residential neighborhoods. There are also business park locations along I-15 for corporate business use, and business park areas in the Atkinville Interchange area. In terms of employment, the South Block will have significantly more jobs than residents. There is also property around the airport for business park and employment uses.

Council Member Bunker inquired why residential areas were being planned close to the freeway.

Mr. Wood replied that in the final site plan these residential areas would be pulled back and would not be located right next to the freeway.

Council Member Bunker inquired why the middle and high schools were located on the border with Arizona and so far south from most of the residential areas.

Mr. Wood replied that various locations were considered, but because high schools are generally noisy with various activities taking place on the fields, they are not necessarily the greatest neighbors. 55 acres of ground was also needed.

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May 3, 2007
Page Six

Council Member Bunker inquired how the natural rock outcroppings would be retained as open space for public access.

Mr. Wood replied that they would be preserved, and maintenance of habitat preserves is being worked out now.

Council Member Allen inquired if the small park along the Southern Corridor was large enough for a soccer or ballfield.

Mr. Wood replied that it would be possible. There is a concentration of sports fields next to the I-15 in the original park south of the Atkinville Interchange.

City Manager Gary Esplin suggested that if the City Council is inclined to approve the amendment, it be done subject to further review by the City?s traffic engineer as there are still some traffic issues to work out.

Mayor Pro Tem Orton opened the public hearing.

Ed Baca commented he was glad to see controlled growth and diversification, and he felt the applicant was doing a good job.

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

Assistant Director for SITLA, Ric McBrier, introduced his replacement, Doug Bushai.

MOTION: A motion was made by Council Member Gardner to approve the General Plan amendment by ordinance subject to review by the City?s traffic engineer.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Consider approval of the preliminary plat for The Flats at South Pointe located on 450 North at 2750 East. Linda Kirkpatrick, applicant.

City Manager Gary Esplin explained that the issue of traffic is important to the residents in the area. The developer has constraints as well. The City has a concurrency requirement in its master plan which requires that minimum standards be met. It also has plans and specifications which deal with levels of service and traffic trips, which says that no more traffic should be allowed on residential streets with 1250 trips per day or more. The street in question has over 2000 trips per day. The question is if the developer should be required to connect 450 North. She is offering to put in the section of 450 North that fronts her property and make another connection to a street. However, under the City?s policy of concurrency, it cannot allow any more traffic in that entire area. The City is not trying to exact or take properties from the applicant as it is willing to put in its portion of the street. He inquired where to draw the line and say that no more traffic will be allowed in the area.

Council Member Gardner inquired if someone was able to make contact with the new owners of property on the west side to see if they would be willing to contribute to connection of 450 North.

Mr. Esplin replied that the City Attorney tried but was unable to make contact.

Deputy City Attorney Paula Houston advised that the City Attorney is out of town and did not receive a call back from the property owner before he left.


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May 3, 2007
Page Seven

Mr. Esplin advised that if the City Council is uncomfortable with making a decision, the matter can be tabled until an answer is received from the adjacent property owner. If the City Council wants to deny the request, it has reason to do so, but it would be saying that there could not be any more traffic on that street. The City has made a good faith effort to reach the property owner and has budgeted its share to complete two lanes through the area to the west. He again stated the City is not asking for an exaction from the developer.

Council Member Gardner commented that the debate at the last meeting was over who owned the property. If the City had proceeded months ago, there were certain leverages that could have been made to accomplish completion of 450 North. Since ownership has changed, he was left with a clear impression as to what the City could legally do to resolve the issue, and it appeared the City could not require any more of this applicant than it would of anyone else. Approval of this matter will not preclude the City from moving forward with its attempts with the new property owner. He stated it made sense to proceed with the project.

Council Member Whatcott commented that what little could have been solved six months or a year ago is a difference of opinion.

Council Member Gardner commented that the City previously could have denied the request based on the road not going through, and it had the opportunity to use that leverage because there was just one property owner.

Council Member Whatcott commented he would feel more comfortable with a legal opinion as to what the City?s responsibility is with regard to concurrency. He suggested tabling the matter until this opinion is received. He stated that perhaps the new property owner will have no problem with granting an easement for the road, but this cannot be answered until the City Attorney gets back from vacation.

Jonathan Wright, representing the applicant, advised there were people in attendance ready to resolve the issues with regard to the traffic study and concurrency so the City Council could make an informed decision possibly this evening.

City Manager Gary Esplin commented that the City Council needed to hear from its own traffic experts as well, and they need to be prepared to make a response. They cannot do that without having the City Attorney present to give the City?s position on concurrency. It would not be fair to ask the City Council to take action without having the City Attorney present.

Mr. Wright commented all he was asking for was for the City Council to hear information presented by the applicant?s traffic engineer.

Mayor Pro Tem Orton commented that the applicant would be better served to make that presentation to the City?s traffic engineer and then turn the matter over the City Attorney.

Council Member Gardner stated that an in-depth discussion was held at the last meeting, and he left the meeting feeling the questions had been resolved with regard to the traffic impact. He stated it would not hurt to receive more information and in fact would be helpful.

City Manager Gary Esplin commented that the issue is concurrency and standards, and this is not the same issue that was discussed at the last meeting. He had no problem hearing from the applicant?s representatives, but it would not be wise to make a decision without City staff having a chance to review the information presented.

Council Member Whatcott was excused from the meeting.

Phil Livingston commented that 90 new units would equate to 180 new drivers in the area. There has been no survey that would say how many drivers will use 350 North and add to the burden in the area.

Mayor Pro Tem Orton replied that the City?s traffic engineers would take that into consideration.

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May 3, 2007
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Jonathan Wright suggested that the applicant?s traffic engineer make a presentation, after which the City Council should schedule the issue for a work meeting.

Jay Harris and Jim Nelson, representing the applicant, advised that they have done 200 traffic studies. There are other intersections in the City with long delays and service levels of ?F?. The Council still approved these plats, and the intersections still operate at an ?F? level. Concurrency issues deal with adequate infrastructure to serve the project. Under 100 townhomes will generate 50 trips in the peak hour. The construction of 450 North to 2720 East will allow traffic to exit east or west. If there were a signal, this would be easier, as drivers will drive the fastest route they can find. They advised that they completed the traffic studies for the Sportsman Warehouse and all commercial development north of 850 North, and those studies indicate that when the area is built out, the service level will be a ?B? or better at 2720 East and 850 North. Left turn movement from 2720 East on to Red Cliffs Drive is a service level ?F? and will remain so in the future. If traffic from the applicant?s development wants to go to the interchange, it will go to Red Cliffs Drive and make a right turn. This is not an infrastructure problem to accommodate traffic demand from the proposed townhomes. The applicant has agreed to participate in a traffic signal when warranted, and has met all requirements to mitigate the traffic impact. The issue with the poor level of service at 450 North is not because of traffic. What makes traffic movement hard is commercial development from three commercial projects approved in the last few years - Costco, Sportsman Warehouse, and the Klein project with a 60 room hotel, restaurant and pads. These three projects generate 30,000 trips a day, more than 50 times the amount of traffic that will be generated by the townhome project.

Council Member Allen commented that there is a big difference between the commercial projects and the street on which the proposed project sits. She stated that the applicant?s representatives did not address traffic traveling south.

Jay Harris advised that traffic would have to go to 450 North and make a right to go south. There will be a slight increase in traffic to the south, but not the typical commute peak.

Council Member Allen commented that when parents take their children to school, they will take the shortest route.

City Manager Gary Esplin stated that this was the issue, and not 3050 East. City staff?s concern is traffic on 350 North generated because there is nowhere else to go to get to 450 North.

Jay Harris commented that the excessive volume of traffic on 450 North is a regional through-traffic issue.

Mayor Pro Tem Orton commented he did not want to debate the issue without having the City Attorney present. The City Council deserves to have a recommendation from staff.

Traffic Engineer Aron Baker commented that he agreed with Council Member Allen that the situation with this project is different than the commercial projects as the commercial projects did not have concurrency issues - all the infrastructure was done. The matter in question is a residential area, an 80' street that the City Council allowed staff to make smaller because of residential impacts. This project is just another one of many in this area causing the concurrency problem. This is definitely a situation where some traffic will go south through the neighborhood.

Council Member Gardner commented it seemed that the pressure was being created by development on 3050 East, and the portion of 450 North being completed was better than none.

City Manager Gary Esplin advised that Mayor McArthur indicated to him that this situation is similar to when the City applied for the replacement airport. The impact the new airport would have on Zion National Park was not enough to warrant a negative ROD, but the judge asked what the last straw would be to break the camel?s back. This is where the City is at with this traffic issue. What will the City do when the applicant comes in for approval of another project adjacent to this one? When can the City say that it cannot allow any more traffic on this residential street? That is why there are standards, and the standard is a

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May 3, 2007
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maximum of 1250 cars a day on a residential street. This is what needs to be addressed. It is not fair to the residents in the area to pile more traffic on their street. He stated that staff can have a recommendation for the City Council at the next Council meeting.

Council Member Gardner commented that the applicant?s traffic report indicates the project does not have an added negative effect on the neighborhood and does not justify requiring the applicant to do more than what the City has required anyone else to do in this situation. Delaying a decision will only slow down the project and the good of the community would not be served by making this more difficult than it should be. He suggested the applicant be allowed to move forward with the project.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat.

The motion died for lack of a second.

Council Member Bunker commented that the City has to do something to help the neighborhood, and even this small project will have an impact.

MOTION: A motion was made by Council Member Bunker to table the matter for two weeks in order to hear from the City Attorney and have him speak with Jonathan Wright.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a vote, as follows:

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

The motion carried.

REPORT FROM PLANNING COMMISSION MEETING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held April 24, 2007, scheduled four public hearings before the City Council on May 17, 2007 at 5:00 p.m.: (1) a zone change request from R-1-10 to R-3 on 1.48 acres at 1699 West 1020 North; (2) a zone change request for an amended PD Residential zone on 4.125 acres for Beehive Homes Phase 3 located at 2041 South Mesa Palms Drive; (3) a zone change request from R-1-10 to PD Commercial for Town and Country Bank located at River Road and 2450 South; and (4) a proposed amendment to Title 10, St. George City Code, with regard to rockery walls.

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held April 24, 2007, recommended approval of the final plats for: (1) 850 North Roadway dedication; (2) Overlook at Green Valley; (3) River Hollow Phase 2; (4) Hidden Valley Estates Phase 2; and (5) The Springs Estates Phase 9.

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

City Manager Gary Esplin advised that drainage will be handled within the Overlook Subdivision.

CONDITIONAL USE PERMIT (2007-CUP-007):
Consider approval of a conditional use permit for operation of a gravel extraction site near the Atkinville Wash and on the east side of Interstate 15. SITLA, applicant.



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May 3, 2007
Page Ten

Planner Ray Snyder explained that the Planning Commission heard this item on March 27, 2007. At that time the plan consisted of two phases totaling 8.5 acres. The City Council approved the use on April 5. Since that time the applicant has revised the area to include a total of 54 acres. The material excavated from the site will be used for Milepost 2 and for the South Block. The applicant is proposing that there could be some residential located within the 54 acres. They have been approved to operate from 6:00 a.m. to 6:00 p.m, Monday through Friday, with longer hours in the summer. The Planning Commission recommended that no work be done during St. George City holidays for inspection purposes unless prior approval is obtained from the Development Services Department. An air quality and dust control plan will be submitted for each phase, as well as a water source. The Planning Commission requested that the applicant relocate the existing source from the west side with the intent to reduce water consumption. Since the area is a flood plain site, a channelization study is required. The reclaimed site will be used for parks and possible residential. Mr. Snyder then read the 18 conditions recommended by the Planning Commission which dealt with mitigation, material agreement, water, park land, areas in the flood plain, and ongoing monitoring. He advised that the land shall be reclaimed to match the grading plan and shall be 3' above base elevation.

Council Member Gardner commented that the hours of operation seemed restrictive.

City Manager Gary Esplin replied that the City should not be required to pay overtime for inspection if the applicant wants to work during hours City staff does not, but perhaps a fee could be charged to cover this cost.

Council Member Gardner inquired if staff felt the operation needed to be monitored 24 hours a day seven days a week.

Mr. Esplin replied that they had to either be monitored or provide reports, otherwise they would do all their work on weekends when there was no one to inspect. Inspections must be kept whole or the purpose of having inspections is defeated. The City is not singling out this applicant, as it requires this of everyone.

Council Member Gardner again commented that this requirement seemed restrictive. He inquired how it would be possible to determine if the site was restored to the same grade as before excavation.

Mr. Esplin replied that the site must be left at a useable level, and it makes sense to require that it be consistent with existing terrain.

Mr. Snyder advised that the applicant will work with Development Services to make sure the site matches approved grading plans.

Curt Gordon, representing the applicant, explained that the map has grades and that is what they are proposing. He did not know where the 3' above base elevation came from, but whether it is 1' or 3', that is what they are proposing.

Mr. Snyder explained that the Planning Commission just wanted to be clear on what it would look like.

Project Engineer Cathy Hasfurther advised that staff has checked the map and is comfortable with what is proposed.

Mr. Gordon advised that this site is where all the material for Milepost 2 and the South Block will come from, so when the City imposes conditions on SITLA, it is imposing conditions on the project. The City and SITLA are partners in this project. It is the intent to have a nice asset for the City when everything is done. Five years is needed in order to take the material and restore the land. The requirement to compact the soil in the area where a park will be built is onerous, and he did not understand why a pad certification was needed for a park site as this will take a lot of water and work. He requested that the conditions be amended to delete this requirement or apply it only to areas which will be developed.



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May 3, 2007
Page Eleven

Mayor Pro Tem Orton replied that restrooms and pavement for basketball standards would be needed at the park site, but he did not know if the entire site would have to be compacted. He suggested Mr. Gordon work with staff on this requirement.

Mr. Gordon commented that whatever conditions the City imposes will be part of the project cost.

City Manager Gary Esplin commented that the intent is to have a useable piece of property when the excavation is done. While the City is a partner in the project, the majority is a UDOT and SITLA project, and SITLA is receiving some nice benefits as well. He commented
he did not expect SITLA to restore the property so that it would be ready to build pads for homes, but it has to be good enough on which to build a park.

Mr. Gordon replied that this is SITLA?s intent. He stated this was all in the development agreement.

City Manager Gary Esplin commented that an agreement has been submitted by SITLA to the City that outlines these issues, and it will have to be approved.

Mr. Gordon advised that with regard to hours of operation, they want to operate on holidays, and it is onerous to have to shut down operation because of a lack of inspection. He asked that this condition be waived.

City Manager Gary Esplin replied that this would not be a problem as long as proper approvals were given by Development Services with regard to inspections and monitoring of dust. Mr. Esplin commented that in the summer it is light until 10:00 p.m., and timeframes need to be included in the conditions. The City has been beefing up enforcement of air quality issues and will not back off. The applicant will have to make provisions one way or the other with regard to inspections.

Mr. Gordon advised that SITLA would control the dust and abide by the law.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit with the exception of Item No. 17 in the Planning Commission?s recommendations with regard to hours of operation, and recognizing that coordination of a matching grade is required for future improvements. This is not interpreted to mean building pad ready, but appropriate according to use.

City Manager Gary Esplin suggested the applicant be required to work jointly with the City to decide how to handle inspections when work is performed outside of City business hours.

Council Member Gardner replied that while that would be cumbersome, he was fine with it.
He commented that some projects operate 24 hours a day seven days a week.

Mayor Pro Tem Orton commented that while the City wants to work with SITLA, it cannot change the way it does business. It is a standard requirement that extraction take place in daylight hours.

Deputy City Attorney Paula Houston advised that the Legal Department is in the process of drafting an ordinance on dust control and one of the issues is that there are more dust problems at night when the weather changes. One of the standards across the country is to limit the amount of work in the evenings and after dark, and this is the reason for the limited hours of operation on these types of projects.

Mr. Gordon expressed concern about holiday shut-downs.

City Manager Gary Esplin commented that this could be worked through. If the applicant will notify the City, arrangements can be made for inspection.

SECOND: The motion was seconded by Council Member Allen, who commented that the hours of operation as listed were fine, and if the applicant wants to work on holidays, they need to provide notice to the City.

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May 3, 2007
Page Twelve

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

City Manager Gary Esplin advised that Development Services is satisfied with the grading plan.

SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder explained that the subject property is located by the Sportsman Warehouse and is for the Tai-Pan retail store. There are two outlying pads for future development. The Planning Commission felt the building elevation did not meet City standards and asked that the applicant revise it. The Planning Commission was pleased with the revised building elevation. Vehicle access to the parking lot was designed for safety and efficiency, and the parking lot will be landscaped with shade trees. The Planning Commission recommends approval subject to the following conditions:

(1) Building height is approved as presented. The entrance portion will exceed 35' but will not exceed 40' to the midpoint.
(2) Building colors and materials shall be as per submittal at the Planning Commission meeting of April 24, 2007 and City Council meeting of May 3, 2007.
(3) A photometric plan shall be submitted with plan check.
(4) Pole lighting shall be of a ?dark sky? style with no lens protruding below the side perimeter of the fixture.
(5) Light levels are to be verified by staff with a light meter prior to occupancy.
(6) All heating and cooling equipment will be concealed from public view.
(7) Signage shall be under separate permit.
(8) The site shall include shade trees in the parking lot to avoid major heat islands and to break up large asphalt areas. This shall be submitted with the design review submittal to staff.
(9) The site shall include landscaping adjacent to the building as presented. This includes a minimum planter width of six feet.
(10) Construct roadway improvements at the stop-controlled intersection at 2720 East and Red Cliffs Drive consisting of medians within Red Cliffs Drive to prohibit left-turn movements from 2720 East.
(11) All signing and striping shall conform to City and MUTCD standards.

Mr. Clayton, representing Tai-Pan, and Ken Stewart, representing Stewart Construction, introduced themselves and advised they plan to open the store in time for Christmas.

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

Mr. Clayton advised that there are some things they are not in control of. The developer is Bob Anderson and he is in control of the right turn lane in and dedication.

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

SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder explained that the Planning Commission, at its meeting held April 24, 2007, recommended approval of the site plan and building elevation for Players Sports Grill located on Convention Center Drive north of the Cracker Barrel Restaurant subject to the following conditions:

(1) The building shall not exceed one story.
(2) The building colors and materials shall be per submittal at the Planning Commission meeting of April 24, 2007 and City Council meeting of May 3, 2007.
(3) A photometric plan shall be submitted with the plan check.
(4) Pole lighting shall be of a ?dark sky? style with no lens protruding below the side perimeter of the fixture.
(5) The light levels are to be verified by a light meter prior to occupancy by staff.
(6) All heating and cooling equipment will be concealed from public view.

St. George City Council Minutes
May 3, 2007
Page Thirteen

(7) Signage shall be under separate permit.
(8) Obtain a cross easement with the property owners to the north and south.

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

AGREEMENT:
Consider approval of a commercial operating agreement at the airport with Eric?s Leading Edge.

City Manager Gary Esplin advised that staff recommends approval.

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.

AGREEMENT:
Consider approval of a reimbursement agreement with Trinity Lutheran Church.

City Manager Gary Esplin explained that because of safety issues and the volume of traffic, staff recommends approval of an agreement with Trinity Lutheran Church to share in the cost of providing a median and left turn in and right turn out. The City?s cost is $35,300.

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

AGREEMENT:
Consider approval of a land and real property exchange agreement related to power facilities with The Lakes development.

City Manager Gary Esplin explained that in order to facilitate substation sites and easements for power lines for the west side of town, Energy Services Director Phil Solomon has been negotiating to move the current substation site off the top of the hill and make line changes in the area. It appears the agreement is mutually satisfactory to both parties.

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

AGREEMENT:
Consider approval of a street lighting agreement with UDOT for street lights at the SR-18 Ledges interchange.

City Manager Gary Esplin explained that this is a standard agreement with UDOT.

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

APPOINTMENTS:
Appointments to various boards and commissions of the City.

MOTION: A motion was made by Council Member Bunker to appoint Summer Robertson, Sheila Bailey and Steve Goodman to the Arts Commission.
SECOND The motion was seconded by Council Member Allen.


St. George City Council Minutes
May 3, 2007
Page Fourteen

VOTE: Mayor Pro Tem Orton 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 April 5, 2007.

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

Consider approval of the minutes of the regular City Council meeting held April 19, 2007.

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

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

The meeting adjourned at 7:50 p.m.



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Gay Cragun, City Recorder