City Council Minutes

Thursday, May 17,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 17, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
Mayor Daniel McArthur
Council Member Gail Bunker


OPENING:
Mayor Pro Tem Orton called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Suzanne Allen and the invocation was offerer by Pastor Dean Heuring of the St. George Community Church.

PROCLAMATION:
Mayor Pro Tem Orton explained that last Tuesday evening the City Council had the privilege of joining with the St. George Police Department in honoring some of its police officers for outstanding service in the community.

Police Chief Marlon Stratton advised that May 15 was National Law Enforcement Memorial Day to recognize the men and women who made the ultimate sacrifice in giving their lives to protect their communities, and this week is National Law Enforcement Week. He then introduce the following recipients of the awards:

Sgt. Scott Lemmon - Supervisor of the Year
James Schafer - Police Officer of the Year
Justin Grenier - Dispatcher of the Year
Roxanne Finnerty - Civilian Employee of the Year
Stacy Richan - Distinguished Service Medal
Gage Schimbeck - Lifesaving Award

Mayor Pro Tem then read a proclamation proclaiming the week of May 13-18 as Police Week in the City. After signing the proclamation, he presented it to Chief Stratton.

Roxanne Finnerty, Victims? Service Coordinator, advised that she provides all types of services to victims of all types of crimes. The program is constantly growing and statistics show that the same number of victims have been helped in the last three months as in all the last three years.

Council Member Gardner inquired if the figures reflect the Department?s ability to service the needs of the community, or a larger need in the community.

Ms. Finnerty replied that there is a larger need in the community.

Sgt. Craig Harding advised that in previous years the Victims? Services Department serviced victims of domestic violence and crime, but Chief Stratton has asked them to contact victims of all crime and let them know the status of their case and any follow-up.

Council Member Gardner commented he felt the figures reflected more of an effort by the Police Department to make sure victims? needs are taken care of.

TAMARISK REMOVAL UPDATE:
Mayor Pro Tem Orton reported in a meeting he attended with regard to the tamarisk removal taking place in the Bloomington area. There have been a lot of calls and e-mails from people upset about the removal of tamarisk from the river area. They will be replaced with willows. He reported that the experiment being conducted with tamarisk-eating beetles has also been successful.
St. George City Council Meeting
May 17, 2007
Page Two

AWARD OF BID:
Consider approval of a contract with Kim Campbell for restroom design for Willow Run Park.

Purchasing Manager Connie Hood recommended approval of a contract with Kim Campbell in the amount of $22,212 for design of the restrooms at Willow Run Park.

Council Member Allen suggested that there should be additional stalls in the women?s restroom.

MOTION: A motion was made by Council Member Allen to approve the contract with Mr. Campbell.
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.

AWARD OF BID:
Consider award of bid for 138 kV steel poles.

Purchasing Manger Connie Hood advised that only one bid met specifications and it was the second to the lowest bid. She recommended award of the bid to Meyer Steel Structures in the amount of $1,814,445.

Council Member Whatcott inquired if the poles would be painted or rusted.

Energy Services Director Phil Solomon replied that the poled would be the rusted poles. The 69kV line in Green Valley will be replaced with this 138 kV line, avoiding the hills so the poles are not skylined.

Council Member Whatcott inquired if the poles were expensive to paint.

Mr. Solomon replied that he did not know but he could check on it.

Council Member Whatcott commented that his personal preference is the painted poles.

Council Member Gardner commented that the rusted poles blend into the surroundings and require no maintenance.

Mr. Solomon commented that the rusted poles would be mixed in with wood poles and they tend to look like wood poles.

MOTION: A motion was made by Council Member Gardner to award the bid to Meter Steel Structures in the amount of $1,814,445.
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 the chip seal aggregate.

Purchasing Manager Connie Hood advised that three bids were received. She recommended award of the bid to the low bidder, Quality Excavation, in the amount of $107,500.

MOTION: A motion was made by Council Member Whatcott to award the bid to Quality Excavation in the amount of $107,500.
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.

INCREASE BLANKET ORDER:
Consider an increase to the blanket order with Western Rock for concrete, sand and gravel.

St. George City Council Minutes
May 17, 2007
Page Three

Purchasing Manager Connie Hood explained that there was an overage to the amount previously awarded by the City Council to Western Rock. An estimate was done of open invoices and it was estimated to be $150,000 until the end of June. She requested approval of this amount. She advised that the reason this was missed is because estimates were requested from the Streets and Water Departments, but this did not take into account the little jobs performed by other departments. Last year?s budgeted amount was $75,000.

Council Member Whatcott commented it appears the cost has doubled in one year.

Ms. Hood replied that this was correct.

City Manager Gary Esplin explained that last year all the small projects were budgeted in the department budgets, yet everyone is using the blanket order. If these small project costs were added to the $75,000 budgeted, the amount would be close.

MOTION: A motion was made by Council Member Gardner to approve the increase to the blanket order.
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.

City Manager Gary Esplin advised that better track will be kept of these costs as they all will now be under the blanket order.

AWARD OF BID:
Consider award of bid for a turbo diesel rotary mower for the Parks Department.

Purchasing Manager Connie Hood explained that three bids were received. She recommended award of the bid to the second lowest bidder, Turf Equipment, for the best machine, in the amount of $39,738. She advised that this machine met all specifications.

MOTION: A motion was made by Council Member Allen to award the bid to Turf Equipment in the amount of $38,738.
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.

Mayor Pro Tem Orton advised that there would be four Council Members voting.

REPORT FROM PLANNING COMMISSION MEETING OF MAY 8, 2007:
Community Development Director Bob Nicholson advised that the Planning Commission scheduled public hearings before the City Council on June 7, 2007 at 5:00 p.m. to consider:
(1) a proposed amendment to Title 10, Chapter 18, St. George City Code, to address measuring heights, retaining walls, fencing around pools and jacuzzis, permits, and other changes for clarification; (2) a proposed amendment to Title 10, Chapter 8, St. George City Code, to add a provision allowing the City Council to approve densities in excess of the General Plan in certain circumstances; and (3) a proposed amendment to Title 10, Chapter 11, St. George City Code, to add ?small animal boarding? and ?small animal hospital?.

FINAL PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission recommends approval of the road dedication plat for Price Hills Drive.

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

CONDITIONAL USE PERMIT (2007-CUP-008):
Consider approval of a conditional use permit to construct a detached garage with a height up to 21' to the roof peak at 3396 Sugar Leo Drive. Steve Vandeneikof,
applicant.
St. George City Council Minutes
May 17, 2007
Page Four

Planner Ray Snyder advised that the applicant is asking for a height of 21' to the roof peak. The Planning Commission recommends approval subject to the following conditions:

(1) Maximum height shall not exceed 21' to the maximum roof peak.
(2) The accessory building shall be single story only.
(3) The exterior material and color will match the primary residence.
(4) The roof tile will match the primary residence.
(5) The accessory unit may not be used as a dwelling unit.
(6) No fixtures shall be added that would constitute a second dwelling unit.

Council Member Allen inquired if staff was working on an ordinance allowing granny flats.

Community Development Director Bob Nicholson replied that staff has a draft ordinance.

City Manager Gary Esplin advised that the applicant is not requesting use of the accessory building as a living unit.

Council Member Allen commented that in a few week if the City Council does approve an ordinance that would legally allow this, the applicant may have already built something that he would want to change.

The applicant advised that he was OK with the approval as recommended by the Planning Commission.

Council Member Gardner inquired if any concern by the neighbors had been expressed. He was advised that there was none.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.
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.

SITE PLAN/BUILDING ELEVATION (2007-SPBE-007):
Planner Ray Snyder advised that the request for a site plan building elevation to construct a 15,408 sq. ft. three story office building at 250 West and 1200 South, Southpoint Blackridge Commercial Building, was tabled at the April 24 Planning to allow the applicant to submit photo simulations, which he has done. The Planning Commission also did not want a white building on the hillside, and the applicant now proposes a darker color for the building. Planning Commission and staff recommend approval subject to the following conditions:

(1) Signage shall be approved under a separate permit.
(2) Earth tone colors and materials shall be used as represented in the colored elevation submitted on May 17, 2007 to the City Council. The building shall have a flat roof design. A trim cap shall be used. The exterior of the building shall have two colors of earth tone synthetic stucco; one will be for the band and the other will be on the walls. There shall be cultured stone wainscot and accents. A non-reflective glass (bronze/brown) is permitted to compliment the building color.
(3) The maximum building height shall not exceed 49 feet.
(4) Street trees shall meet the City tree ordinance on 250 West Street.
(5) Provide a photometric plan.
(6) The applicant shall comply with the requirements of the City Traffic Engineer.

Council Member Whatcott inquired if the 49' included the 3' parapet on top. He was advised that it did.

Robert Killpack expressed concern with the height of the building and that it would obstruct the view and the building was not as aesthetic as it should be. He stated a 35' tall building would be fine, but not 49'.




St. George City Council Minutes
May 17, 2007
Page Five

Rex Oliver, representing Royce Brown, advised that he was told as a potential buyer in an adjacent building that the City had height restrictions and those would be honored. He stated that a 49' tall building would not only impede the view but would affect the property value of his adjacent building unit. He requested that the City Council consider the overall effect.

Council Member Whatcott advised Mr. Oliver and Mr. Killpack that their building is 47' tall, and received a variance as well.

Duane Shallmer, representing adjacent owners, advised their concern is the height. He stated that due to its location, the building will be seen from the freeway and the two stories will stick up. He requested that a site visit be made or a public hearing scheduled.

Bill Western, architect, advised that the building sits back far away from the brow of the hills and has complied with all Planning Commission requests. The building is a two story walk-out basement because of the slope. In relation to the building to the east, they are the same height. The building will be two story on one side because of the grade, and if it were only two stories total, it would be sitting down in a hole. They have also tried to meet the same earth tone colors as the rest of the development.

Council Member Allen inquired if a 3D fly around have been done.

Mr. Snyder replied that the Planning Commission requested only a photo simulation.

Council Member Allen advised that the City Council has asked for a fly around on every project that has to do with the hillsides.

Bill Western advised that the 49' high side will face Bluff Street.

Lonnie Gubler, applicant, advised that they have tucked the building up as far as they could, and if it were tucked any more inside the lot, the roof top would be level with the road. He advised that this building is the same height as the building that Mr. Killpack and Mr. Oliver are in.

Council Member Gardner commented that the original building built on this site was proposed to be 60' and was reduced by a story. The consensus of the Planning Commission and City Council was to move the building back because of its prominence so close to the edge. They were not willing to give a variance on the height because of the prominent location, and a compromise was reached on the height, but the building had to be moved back toward the back of the project. In this case it appears the footprint has been moved back as close to the road as possible.

Lonnie Gubler advised that the building was moved as close to 250 West as possible, but because of a sewer line easement to the other building, it cannot be moved more into the corner. The other building?s only view loss would be to the southwest, and their view is still open to the east.

Council Member Gardner commented that while he was not opposed to a site visit, he was comfortable that his concerns had been alleviated.

Council Member Allen commented that it was hard to protect someone else?s views, and while she understood the position taken by Mr. Killpack and Mr. Oliver, the applicant has the right to ask for the same size of building granted to the previous builder.

Council Member Whatcott inquired as to the difference in elevation directly to the north vs. the ground floor.

Mr. Western replied that it was close to the same elevation and within 5'.

Mr. Gubler commented that the adjacent building?s ground level is higher than theirs.




St. George City Council Minutes
May 17, 2007
Page Six

Council Member Gardner commented that the City has required the same things of this building as it did of the previous building by insisting that it be moved back from the brow of the hills as far as possible and with sensitivity to colors.

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

Council Member Allen inquired if the maximum building height all over was 49', and not just the parapet.

Mr. Western replied that the building is 49' tall on the lower side and that it was not a three story building all the way around. The 49' height includes the parapet above the roofline.

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

SITE PLAN/BUILDING ELEVATION:
Planner Ray Snyder explained that this request is for buildings located on Tonaquint off Dixie Drive and was previously presented at the Mayr 3 City Council meeting. At that time it was tabled. The request is for two buildings, each two story, that match with what has been built in the area. There were concerns with traffic and engineering, and the Development Services Department has been working on these concerns. The Planning Commission recommended approval subject to the following conditions:

(1) Signage shall be approved under a separate permit.
(2) Earth tone colors and materials shall be used as represented in the colored elevation submitted April 10, 2007 and to the City Council on May 3, 2007 and May 17, 2007.
(3) The maximum building height shall not exceed 41' as measured from the building midpoint on Dixie Drive.
(4) Street trees on Dixie Drive shall meet the City?s tree ordinance.
(5) Provide a photometric plan.
(6) Subject to recommended conditions of City?s traffic engineer

City Manager Gary Esplin advised there may be a potential issue with traffic that may have to come to the City Council if it cannot be worked out. He suggested that any approval be made subject to working out these details.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevation subject to all recommendations, including working out traffic details.
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.

NON-CONFORMING USE (2007-NC-001):
Planner John Willis explained the request to modify a non-conforming building by expanding the building footprint and maintaining the existing setbacks at 75 East 400 South. The home is located within an R-1-8 zone, with 8' and 10' side setbacks. The garage will also be enclosed.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 to PD Commercial on .82 acre located east of River Road and on the north side of 1450 South Street. Bruce Jensen, applicant.
St. George City Council Minutes
May 17, 2007
Page Seven

Community Development Director Bob Nicholson explained the applicants would like to locate a bank temporarily on the south side of 1450 South due west of the Summit Athletic Center. Road improvements are already in. The applicants would be required to improve 1490 East Circle which is the current entrance into the Summit Athletic Center. The applicant will widen the road and put in curb and gutter and sidewalk. They will use a modular building. The Planning Commission recommends approval for up to a two year period at which time the building would be removed. The applicants agreed to this condition. The Planning Commission recommended approval subject to the two year time limit for the modular building and the road improvements needed as per the City?s Traffic Engineer, and subject to the recommendations of Rosenberg Associates.

City Attorney Shawn Guzman inquired who the applicant was for this zone change. He verified that the zone change included just this one parcel.

Mr. Nicholson replied the applicant is the bank and the developer.

City Attorney Shawn Guzman commented that changing the zone on this parcel will affect the zoning of the entire parcel.

Mr. Nicholson advised that the entire parcel is currently zoned residential, but the General Plan shows the parcel as future commercial.

Council Member Whatcott commented that there is still an issue with ownership of the property. It appears that approval of this request would set a precedent that the entire parcel would be commercial. While he did not think the City was opposed to this, ownership issues do need to be resolved.

City Attorney Shawn Guzman advised that the whole site must be looked at, as this request will affect the zoning on the entire site. He advised that the City has not received the roadway dedication for 1450 South. He stated he would be hesitant about moving forward on any zone change until the roadway dedication is received from Mr. Sheffield.

Mr.Nicholson inquired if the approval could be made subject to obtaining the roadway dedication.

Mr. Guzman replied that it could.

Mr. Nicholson advised that the improvements to 1450 South were in and the General Plan shows the site as future commercial.

Council Member Whatcott commented that the road dedication is one of the land ownership issues.

Mike Christensen advised that the facility is temporary, and in the future he plans to talk to the City Council about the entire parcel. He stated they are making an accommodation to the bank for operational issues. He is developing the property as a joint venture with Steve Sheffield.

City Attorney Shawn Guzman commented that Steve Sheffield has indicated in previous conversations that he prefers a PD on the rest of the commercial site.

Mr. Christensen replied that this was also his intent.

Bruce Jensen, President and CEO of Town and Country Bank, advised that in 2005 a number of investors got together to create a new back. An interagency application was filed to obtain approval for the bank. Part of the approval had to do with the site chosen. Money was spent on an economic feasibility study for the site. The interagency application was approved and they are in the process of raising capital, with the expectation that the bank will be open to provide a return for investors. Mr. Jensen that when the entire parcel is rezoned PD they plan to be a part of it.

Council Member Whatcott inquired if they would build the bank on this location or in another location within the PD Commercial.

St. George City Council Minutes
May 17, 2007
Page Eight

Mr. Christensen replied that the bank will be permanently located in a different location.

Mr. Jensen advised that the color of the triple wide modular building will be similar to that in the photo submitted, and there will be larger windows with tasteful shutters in the color of the logo. The actual building will be different than that shown in the photo.

Council Member Allen inquired how long they planned on using the modular building.

Mr. Jensen replied that if all goes well they hope to be out of it within 18 months.

City Attorney Shawn Guzman clarified that the approval is for two years or until the bank opens, whichever is first. He recommended that any motion include the stipulation that the dedication plat be recorded before the applicant can begin on the project.

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

Council Member Whatcott commented that he worried about setting a precedent when the City still has issues with the property owners. He stated he hoped the issues could be resolved.

MOTION: A motion was made by Council Member Whatcott to approve the zone change subject to dedication of 1450 South and with the stipulations recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Allen clarified that the road dedication had to happen before the applicants could move forward.

City Attorney Shawn Guzman commented that a dedicated roadway was needed.

PUBLIC HEARING/AMEND PD/ORDINANCE:
Public hearing to consider approval of an amended PD Residential zone on 4.125 acres for the Beehive Home Phase 3 located at 2041 South Mesa Palms Drive. Dan Steurer, applicant.

John Willis explained that the applicant would like to amend the PD by changing the number of buildings and adding a recreation area. The current PD was for 12 structures. The applicant would like to decrease that number and increase the size of each building. A portion of the development will be dedicated to the City. The Planning Commission recommends approval.

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

MOTION: A motion was made by Council Member Gardner to approve the request.
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 Whatcott - aye
Mayor Pro Tem Ortion - aye

The vote was unanimous and the motion carried.

St. George City Council Minutes
May 17, 2007
Page Nine

Mark Corey advised that the units are different than assisted living units. These units are independent living homes with two bedrooms and a kitchen and living room. Meals and cleaning are furnished if desired.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 to R-3 on 1.48 acres located at 1699 West 1020 North. Kelly Shannon, applicant.
Community Development Director Bob Nicholson explained that the area consists of an acre and a half. Four homes have been surrounded over the years by multiple family zoning. The General Plan designates the area as medium density residential. There is R-3 zoning around it and Halfway Wash open space. The request is consistent with the General Plan. The Planning Commission recommends approval.

City Manager Gary Esplin inquired if the adjacent property owners opposed the zone change.

Mr. Nicholson replied that the four property owners are all applicants.

Kelly Shannon, applicant, advised that he owned two of the four houses and he plans to build a six to eight unit apartment. All four owners are in agreement with the zone change.

Mayor Pro Tem Orton 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 zone change.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/CDBG PROGRAM:
Public hearing to consider approval of the Annual Action Plan for the 2007 Community Development Block Grant Program.

Clayton Lucas explained that the Department of Housing and Urban Development requires the City to annually update is action plan consisting of short term goals and strategies. 30% of the funds from HUD will be put toward public service activities, 20% for administrative and planning activities, and 50% for eligible CDBG activities.

Mayor Pro Tem opened the public hearing.

City Manager Gary Esplin commented that this program provides an opportunity for people to make application for these funds.

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

Mr. Lucas explained that on May 24 a training workshop was being held at the City Office and the public was welcome to attend. Applications are due June 15. The annual action plan is a guideline and there if flexibility to move the percentages around; the City just needs to let HUD know.

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


St. George City Council Minutes
May 17, 2007
Page Ten

PUBLIC HEARING/ROCK WALL ORDINANCE:
Public hearing to consider approval of amendments to Title 10, Chapter 18, Article A, St. George City Code, with regard to rockery walls.

Cathy Hasfurther reviewed the minor changes to the ordinance and made clarifications in response to Council Members questions.

City Attorney Shawn Guzman advised that there were still minor changes to be made to the draft copy, and he reviewed them with the City Council.

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

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a condemnation resolution for properties surrounding the replacement airport site.

This item was tabled.

APPROVAL OF NEW WALL DESIGN:
Consider approval of a new wall design at 250 West and Blackridge Drive. Lonnie Gubler/Duffy Williams, applicant.

City Manager Gary Esplin explained that this item had been discussed in a work meeting. The applicants would like to replace a stacked lava rock wall with a different type of wall.

MOTION: A motion was made by Council Member Allen to approve the new wall design.
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 reimbursement agreements with landowners along Tonaquint Drive to reimburse the City for improvements made during the Tonaquint reconstruction project.

City Manager Gary Esplin commented that this road is currently under construction, and in order to get it done could not force the owners to participate in the improvements until they came in for approval of a project. City staff has negotiated agreements with different owners along Tonaquint Drive south of the Southgate golf course all the way down to Bloomington with different timetables for payments.

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

AGREEMENT:
Consider approval of a cooperative agreement with UDOT for widening of Snow Canyon Parkway.



St. George City Council Minutes
May 17, 2007
Page Eleven

City Manager Gary Esplin advised that this contract has been long awaited and is the final project for Snow Canyon Parkway. Federal funding for the project amounts to $2,372,632, and the City?s portion is $945,091.88. The project will finish widening the road, provide landscaping, and includes installation of a coat over the top of everything to finish the grade for the fully improved road.

Mayor Pro Tem Orton inquired about a stop light on Snow Canyon Parkway.

Public Works Director Larry Bulloch replied that one will be put in by the end of this year as part of the project.

Mayor Pro Tem Orton inquired if the project included improvement of all City-owned property.

City Manager Gary Esplin replied that it included all City property and will complete the Parkway from one end to the other.

MOTION: A motion was made by Council Member Whatcott 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.

BEER LICENSE AND LOCAL CONSENT:
Consider approval of an on-premise beer license and local consent for a private club, banquet hall, and restaurant liquor license for the Hilton Garden Inn. Lawrence E. Burnell, applicant.

City Manager Gary Esplin explained that approval is needed in order to accommodate a change of ownership. The application meets all requirements,

The manager of the Hilton Garden Inn introduced himself and advised that he owns 120 hotels in 19 states.

MOTION: A motion was made by Council Member Allen to approve the beer license and local consent.
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.

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

Council Member Whatcott advised that he visited with Ms. Kirkpatrick and asked her if she would be willing to contact the new property owner of adjacent property, as it is the intent of the City to have two lanes through the property so 450 North is connected on both sides of the property.

Ms. Kirkpatrick advised that she did not contact the property owner, but was advised that they would not comment as they have obtained legal counsel.

Council Member Gardner commented that he felt strongly at the last meeting when this was discussed, and today, that the best way to alleviate legitimate concerns of the City and the neighborhood is to move forward, regardless of past feelings or issues. A portion of 450 North Street to the west will be halfway built, it connects with a north/south street, and provides additional circulation. It also opens the door to allowing the next phase to complete 450 North. It is in the best interests of the City to move forward.

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

The motion died for lack of a second.


St. George City Council Minutes
May 17, 2007
Page Twelve

Mayor Pro Tem Orton commented that at the last meeting when this was discussed the attorneys and traffic engineers were asked to come back with a recommendation.

City Attorney Shawn Guzman advised that legally he did not see a reason not to approve the plat. However, this is not to say there are not concerns about the remainder of the property and the impact of developing and recognizing there are problems with connectivity. His recommendation is to approve the plat.

Council Member Whatcott inquired about the width requirements for 450 North in front of the development.

Community Development Director Bob Nicholson replied that the road is 80' wide, but is built to 66'which is consistent with what is happening to the west. 80' will accommodate future expansion. The Planning Commission required an update to the appearance of the buildings, and at the last meeting the applicant provided a colored site plan showing the landscaping.

Mayor Pro Tem Orton commented that it was his understanding the only thing lacking in order to connect 450 North is just the one property in question.

City Attorney Shawn Guzman replied that this was correct - one property owner.

Council Member Gardner commented that he was hearing a recommendation from the City Attorney to approve the plat.

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

The motion died for lack of a second.

City Manager Gary Esplin commented that staff feels that while there is no legal basis for denying the application, concurrency is an ordinance requirement can be applied in this case. However, he did not think it should be applied with regard to anything west of 2450. Staff?s position is that any development near The Flats has no alternative but to impact the nearby subdivision streets which already have 2000 vehicles a day. While it is staff?s recommendation to approve the plat, they do not feel good about how it has come to this point. Staff recommends that no other building permits be issued or developments approved between 2450 East and 3050 East until 450 North is resolved. This can be supported by concurrency. It will be the burden of the next developer to argue this issue. Staff will review right-of-way issues with regard to the actual width of the road to the west, but the City is on record that the next project had better be prepared to explain why they should be allowed to build without finishing 450 North.

Council Member Whatcott requested clarification on the width of the road from staff. He advised that he walked the road alignment, and in his opinion the 66' road has little or no chance of ever becoming an 80' road. He inquired if the property to the west will be required to have an 80' road, and if so, would that make the project economically unfeasible. He requested a firm verification from staff with regard to the roadway width. He stated his opposition to the project was not with The Flats itself, but with the road.

Council Member Gardner commented that the plat does not contain property to the south or west so the road can be adjusted in the next project.

City Manager Gary Esplin verified that the width of the road is legally recorded at 80', however, building has taken place within this 80'. The City has allowed encroachments that make it impossible to build the full 80' width. Staff needs to verify and measure the road before any right-of-way is required from the applicant. If it cannot be built to the full 80' width, the City will not require the extra right-of-way. He clarified that his recommendation that no building permits be issued between 2450 East and 3050 East are not part of the motion, but are staff?s recommendations for the record.

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

St. George City Council Minutes
May 17, 2007
Page Thirteen

SECOND: The motion was seconded by Council Member Whatcott.

Linda Kirkpatrick, applicant, advised that the roadway on the west side of the property from 2450 East to 2580 East was built 66' wide with a roadway standard of 80'. The additional right-of-way has been eaten up in landscaping so the entire 80' is not roadway. Throughout the Southpont project there is a landscaping easement that City staff wanted.

Council Member Gardner inquired if the City determines it does not need an 80' right-of-way, if this would cause relocation of all building pads.

Ms. Kirkpatrick replied that The Flats can go with the 66' roadway as it is currently designed. The decision of the excessive right-of-way would need to be made prior to the final plat and would not preclude her from continuing with the plat in its current form.

Council Member Gardner commented that he was comfortable with saying the City would do that - that the width would be determined by the final plat.

City Manager Gary Esplin commented that the City Council should not consider varying the road width as part of this plat approval. Any extra right-of-way can be given back at a later time.

City Attorney Shawn Guzman commented that the applicant said that she would sit down and talk about the width prior to developing the property to the south.

City Manager Gary Esplin commented that the plat contains a 40' dedication in front of the project. If the City Council wants to narrow this, they can do so after the issue is researched. As long as landscaping requirements are met, outside of the right-of-way, then the road width can be adjusted at the final plat stage. He suggested that the City Council not give anything away with regard to the width of the road until an analysis had been performed.

City Attorney Shawn Guzman advised that the City would not want to hold up the final plat because it was still gathering information.

City Manager Gary Esplin stated that the analysis would be completed before the final plat.

Jonathan Wright commented that there was not any right-of-way or 80' easement, just a master planned road. He stated he wanted to make it clear that the City did not own or have any 80' right-of-way.

City Attorney Shawn Guzman replied that this can still be discussed with the property owner to the south.

Phil Livingston advised that the project will create 180 new drivers. He inquired about access for fire, police and ambulances. He stated the burden of the road belongs with the developer, and the project will add to problems already on 350 North.

Council Member Gardner advised Mr. Livingston that the applicant will pay for the road in front of her development.

Carol Sapp objected to the threat of a moratorium, and commented that in her opinion what this applicant has gone through in this plat approval process has caused a great deal of cost not only to the developer but to the taxpayers for staff and legal counsel. She reqeusted that the City say it was not going to declare of require anything that is not now policy of anyone else because this plat is approved.

City Manager Gary Esplin replied that no one used the word moratorium. The City has an ordinance with regard to concurrency and all staff is saying is that the problem needs to be fixed. Staff will look at the issue carefully. The applicant took this plat off the agenda for four months, so there are two sides to this issue. Additionally, the taxpayers pay the City Attorney and staff to look out for the best interests of all citizens.

Ms. Sapp commented that she was not present to represent any development interest.

St. George City Council Minutes
May 17, 2007
Page Fourteen

Ed Baca commented that the City Council is trying to protect the interests of both parties within the legal limits of its authority and financial responsibilities.

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

Mayor Pro Tem Orton invited several Scouts in the audience to introduce themselves.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held May 3, 2007.

MOTION: A motion was made by Council Member Gardner 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.


ADJOURN:
MOTION: A motion to adjourn was made by Council Member Gardner.
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, and the meeting adjourned at 6: 25 p.m.




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Gay Cragun, City Recorder