City Council Minutes

Thursday, June 21,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 21, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Bob Whatcott
Council Member Larry Gardner
Council Member Gail Bunker
Council Member Suzanne Allen
City Attorney Shawn Guzman
Budget and Financial Planning Manager Deanna Brklacich
City Recorder Gay Cragun

EXCUSED:
City Manager Gary Esplin

OPENING:
Mayor McArthur called the meeting to order at 4:03 p.m. The pledge of allegiance was led by Suzanne Allen and the invocation was offered by Alex Wilkie.

Mayor McArthur read a proclamation proclaiming June 23-24 as Amateur Radio Weekend and presented it to Hal Whiting, President of the Dixie Amateur Radio Club. Mr. Whiting advised that their intent is to be available if needed to assist in the event of an emergency when all other forms of communication fail.

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

TOWN SQUARE STAINED GLASS PRESENTATION:
Council Member Orton advised that the Town Square Stained Glass Committee met with the artist who will supply the stained glass panels for the Town Square Tower. Gary Sanders displayed images of the proposed 8' stained glass panels. Council Member Orton advised that the artist is doing the stained glass for 50% less than his normal commission, as this will be his signature project.

UPDATE ON UDOT MEETING:
Mayor McArthur advised that the Utah Department of Transportation met at the City Office yesterday for a tour of the area. The Legislature has allowed One Billion Dollars for transportation needs within the State, and St. George is receiving $120,000,000 of these funds for two projects - $70,000,000 for the south interchange split, and $50,000,000 for the Mile Marker 2 exit.

Council Member Allen advised that the funds should be available this September.

TABLE ITEM:
City Attorney Shawn Guzman advised that Item 5F to consider approval of a condemnation resolution for certain properties around the Replacement Airport is being tabled from the agenda.

AWARD OF BID:
Consider award of bid for the Mathis Park reconstruction project.

Purchasing Manager Connie Hood explained that four bids were received. She recommended award to the low bidder, Red Canyon Construction, in the amount of $496,788.72.

Budget and Financial Planning Manager Deanna Brklacich explained that there are access issues in trying to procure new easements. However, the City needs to proceed as there are state contract monies tied up with the project which are required to be obligated by June 30 in order to proceed with the project. This project will provide access off Dixie Drive and some improvements to the park.

Ms. Hood explained that Red Canyon Contractors used to be Cindy Taylor Trucking.

Ms. Brklacich explained that a lot of the funding for the project is coming from the State. FEMA?s portion is very minimal at $30,000, and the City will match the State funds. The

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June 21, 2007
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City has $200,000 appropriated for the project. She advised that the plan for the park is basically the same with additional trails, a pavillion, and a playground in addition to reconstruction of the flood project.

MOTION: A motion was made by Council Member Gardner to award the bid to Red Canyon Construction in the amount of $496,788.72.
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 construction of Willow Run Park.

Purchasing Manager Connie Hood advised that the low bidder was Precision Excavating in the amount of $1,331,566.33.

Budget and Financial Planning Manager Deanna Brklacich advised that the City chose the option with sod instead of seed.

MOTION: A motion was made by Council Member Bunker to award the bid to Precision
Excavating in the amount of $1,331,566.33.
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 a crack seal project.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of the bid to the low bidder, Gordon Paving, in the amount of $35,000.

MOTION: A motion was made by Council Member Orton to award the bid to Gordon Paving in the amount of $35,000.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Steve Perry advised the project area is from Bluff Street to 900 East.

UPDATE ON PARKS:
Leisure Services Director Kent Perkins updated the City Council on the 18 parks projects under construction.

ORDINANCE:
Consider approval of an ordinance prohibiting smoking on City-owned property such as parks, ball fields, open space and around bus stops.

Melinda Hill, Legal Intern, advised that four or five cities within the state have a smoking ban in certain public areas. The proposed ordinance is based on Salt Lake City?s ordinance. With regard to justification, the EPA has determined that secondhand smoke is a carcinogen and there is no acceptable level of exposure. It kills many people each year, including children. Additionally, discarded cigarette butts in parks are a danger to children. She then reviewed the proposed ordinance.

Mayor McArthur commented that the purpose of the ordinance is to protect the health of the public.

City Attorney Shawn Guzman advised that at the request of City management, the ban on smoking on City golf courses has been removed from the ordinance.

Council Member Allen commented that City parks include the ballfields.

City Attorney Shawn Guzman advised that the ban on smoking will be posted on site. Trails are also considered parks for this purpose.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution setting fees for services at the Reuse Center.

Public Works Director Larry Bulloch advised that several years ago the City set up a reuse center on Brigham Road to provide a place for people to dispose of material that can be reprocessed and reused, such as asphalt, concrete and green waste. However, certain green waste cannot be composted such as cactus, pampas grass, oleanders or palm fronds. This waste turns into a big expense for the City to sift through and retrieve those items and haul them to the landfill and pay a disposal fee. There are two options - to prohibit this disposal, or to charge a fee for disposal. The majority of landscapers who use the facility prefer the latter option, recognizing that it creates a cost to operate and dispose of these items. They are willing to pay a fee, and staff believes it is best to provide this service so that the unuseable green waste does not end up in washes and open spaces.

Mayor McArthur advised that the City?s charge will be higher than the cost to dump at the landfill so that it does not compete with the landfill.

Mr. Bulloch recommended a fee of $25 per ton for residential users and $40 a ton for commercial users. The fee will be prorated based on weight. The City has contacted Allied and the Solid Waste District and both are agreeable to allowing the City to begin hauling all of the waste itself. A new truck will be needed every five years at a cost of $90,000. Revenue received from the service will pay for the cost of the truck the first year, and then maintain the operation thereafter. The idea is not to make money, but to cover the City?s costs.

MOTION: A motion was made by Council Member Gardner to approve the resolution.
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 Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning existing public utility easements located near Calvary Chapel at the intersection of Pioneer Road and Sugar Leo Drive.

City Attorney Shawn Guzman explained that there is a slight problem with the legal description, and he recommended approval subject to approval of the final legal description.

Water Services Director Barry Barnum explained that a sewer line from the Ranches to Sun River is being put in and this resolution will allow the City to abandon the old easement which is no longer needed and the Calvary Chapel will give the City a new easement.

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

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

The vote was unanimous and the motion carried.

Mr. Barnum updated the City Council on water conservation efforts and thanked the public for the tremendous response in conservation.

RESOLUTION:
Consider approval of a resolution accepting the annexation petition for Property Resreve, Inc.

City Attorney Shawn Guzman explained that the bulk of PRI?s property is already within the boundaries of the City. The property is located in the Fields area by 3000 East.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution amending the City of St. George water rate schedule.

Budget and Financial Planning Manager Deanna Brklacich explained that a 5% increase is recommended as part of the budget.

Water Services Director Barry Barnum explained the water rates have been the same for the past five years, but costs continue to grow. The City is finding itself in a budget shortfall due to rising costs which requires a rate increase.

Mayor McArthur commented that the City Council?s philosophy has been not to raise rates unless there is a need.

Council Member Whatcott commented that while the City has increased costs, conservation and the efficiency of the Water Department has kept the City?s rates at the level they are at, but this increase is necessary in order to keep up with activity.

Mr. Barnum advised that irrigation rates would also increase 5%.

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

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

The vote was unanimous and the motion carried.



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June 21, 2007
Page Five

RESOLUTION:
Consider approval of a resolution amending golf fees at the City of St. George golf courses.
Development Services Director Matt Loo explained that with the price of everything going up, the same pressures are felt at the golf courses to provide a good product at a fair price. Staff proposes raising the rates 3% - 3.5%. For nine holes this equates to an increase of 50?, and for 18 holes the increase is $1.00. A $1.00 increase for golf carts is also proposed.

Council Member Allen commented that citizens have expressed concern that the cache card cannot be reloaded.

Mr. Loo replied that the cache card can now be reloaded for $150.

Council Member Whatcott commented that recognizing that the punch card, which the cache card replaced, was $160, the cache card can be reloaded at about the same cost.

Mr. Loo commented that the City has 33 full time employees to manage and govern 72 holes of golf. He advised that he researched the top 50 municipal golf courses, and they do frequent small adjustments in their rates rather than one large one every three to five years.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to M-1 on 254.04 acres located on the south side of the existing Ft. Pierce Industrial Park. SITLA, applicant; Gilbert Jennings, representative.

Community Development Director Bob Nicholson explained that the subject area includes the area south of the Ft. Pierce Industrial Park to the White Dome. The balance of the area is slated to remain as permanent open space. This action limits the Ft. Pierce Industrial Park to the south. The Planning Commission recommends approval based on compliance with the South Block plan.

Mayor McArthur opened the public hearing.

Ed Baca commented that the industrial park was vital to maintain the desired tax base.

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

MOTION: A motion to approve the zone change by ordinance was made by Council Member Gardner.
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 Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.


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June 21, 2007
Page Six

City Attorney Shawn Guzman clarified that all the property included in the zone change is owned by SITLA.

Council Member Gardner clarified that SITLA stands for State Institutional Trust Lands Administration.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1, A-20, and Open Space to R-1-10 on 106.73 acres located between Little Valley Road and the proposed extension of Commerce Drive. Triple Bogey Partners (Burgess, Whatcott, West), applicants.

Mayor McArthur explained that the remainder of the zone change requests on the agenda all pertain to property in Little Valley. The City previously approved a General Plan change in this area allowing an overlay zone for TND development. The intent of the City Council was not to change all the area to R-1-10 zoning. He requested that the City Council continue the public hearings and any decisions, as more discussion is needed. He proposed a work meeting be held at 2:00 p.m. next Thursday.

Council Member Gardner advised he would not be able to attend. He commented that one of his concerns about continuing the matter is that it is unfair to the applicants without any expectation of getting to a decision.

Mayor McArthur commented there was a sense of urgency to move ahead with a decision due to the finances involved, but the overlying decision of what happens in the entire area is more important for all of St. George. The right decision needs to be made, but it should be done quickly. He advised that it would be scheduled for action at the second City Council meeting in July.

City Attorney Shawn Guzman advised that some of the applicants have expressed a desire to be prepared on July 12 for discussions, with action on the July 19 agenda.

Mayor McArthur suggested that a meeting be scheduled on Tuesday, June 26 at 11:00 a.m. to discuss the matter.

Lowry Snow, representing Triple Bogey, stated this would be acceptable and requested that his letter to the Mayor and City Council be made a part of the record (this was not provided to the City Recorder).

Council Member Whatcott declared a conflict of interest and left the stand.

Community Development Director Bob Nicholson explained that the subject property is located at the end of Little Valley Road where the pavement ends. The applicants propose R-1-10 zoning with lot size averaging and a larger lot buffer on the north side along the Rancho Verde Estates. Four acres of the project will be parks, with nine acres in trails and open space, for a total of 13 acres. This would have to be memorialized in a development agreement. The smallest lots proposed are 7000 sq. ft. with a mix of lot sizes. Commerce Drive would be extended across the wash. One requirement of approval is that Little Valley Road would have to be widened to a minimum of 32' to 2450 South.

Mayor McArthur commented it was his understanding a development agreement is required.

Council Member Gardner inquired if a development agreement was available for all zones.

City Attorney Shawn Guzman replied that any developer is free to come to the City and request a development agreement for certain amenities.

Council Member Gardner inquired if there is flexibility to consider a development agreement much like a PD.

City Attorney Shawn Guzman replied that there was flexibility, but there are technicalities that need to be discussed in an executive session.



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Page Seven

Community Development Director Bob Nicholson stated that in order to comply with the General Plan a development agreement would have to be required, otherwise R-1-10 zoning would allow for 10,000 sq. ft. lots and no buffer.

City Attorney Shawn Guzman commented that the applicants have said from the beginning that they are willing to do a development agreement.

Lowry Snow reminded the City Council that the General Plan was approved in March, one month and two days before the zone change application was filed. To their credit, the applicants from the beginning have wanted to include amenities and reserve open space within their project, and they are more than willing to meet with the City next week, but do not want to waive anything by continuing this meeting.

Mayor McArthur commented that the reason for continuing the meeting is because the City is not sure the intent of the General Plan change is being followed with regard to these zone change applications, and perhaps the City?s intent needs to be clarified. He then opened the public hearing.

Mike McGregor commented that Sam McArthur said that the City Council should put themselves in these areas proposed for zone changes, and if they are places they would want to live in ten to twenty years, then the zone changes should be approved. He stated that democracy is an inverted pyramid with the federal government at the top, then state government, then city government, then neighborhoods, then individuals. The majority of individuals in this area disapprove of these types of plans for this area. If the City Council considers St. George as a democratic area, it needs to consider individual rights.

Donald Rawlings recommended approval of the zone change as most farmers can?t afford to farm and the ground is not good for farming anyway.

Liva Stevens advised that her property backs to the subject property, and her biggest concern is that small lots will have small homes which will turn into rentals, and this does not mix with large animals. She stated she wanted to make sure a clause was added to the deeds that the flies, noise, smells, etc. from the large animals would not constitute a nuisance. Attainable housing is important, but rentals and transient people are not a good mix with animals.

Council Member Gardner commented that larger lots would be used as a buffer next to her subdivision.

Mayor McArthur commented that the proposed project is a mix of lot sizes. He clarified that the matter would be scheduled on an upcoming agenda.

City Attorney Shawn Guzman advised that all agendas are posted on the City?s web site.

Bob Willard distributed a letter to the Mayor and City Council with regard to the Eardley zone change.

MOTION: A motion to continue the public hearing until July 19 was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye, except for Council Member Whatcott who abstained. The motion carried.

Mayor McArthur called for a brief break. Upon conclusion of the break, the meeting resumed.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to R-1-10 on 8.75 acres located at approximately 1800 South on 3000 East. Jim Eardley, applicant.

Community Development Director Bob Nicholson explained the subject property is located on the east side of 3000 East.


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Mrs. Eardley commented that they want to build three family homes on the property and keep the rest of the property agricultural, with eventually maybe four to five homes but this would be years down the road.

Council Member Gardner inquired if a development agreement had been mentioned to the applicant.

Mrs. Eardley replied that it had not been mentioned.

City Attorney Shawn Guzman explained that development agreements are generally proposed in all cases by the developer to say that they will do certain things in the development above and beyond what is required by the zoning if the City does certain things. A development agreement runs with the land.

Natalie Drake inquired if R-1-10 zoning would allow for animals.

City Attorney Shawn Guzman replied that it would not.

Ms. Drake commented that everything east of 3000 East is one to five acre parcels and it would be nice to keep the consistency there.

Bob Willard advised he owned property to the east of the Eardleys. He commented the zoning should remain the way it is to preserve the way of life presently enjoyed there. R-1-10 zoning would be a threat to the neighborhood and its way of life.

Karen Willard commented she would hate to see the zoning changed after people bought property in this area particularly because it was zoned A-1 and allowed large animals. It makes no sense to rezone this property because the applicants can still build the homes they want with A-1 zoning. She stated she was vehemently opposed to the request.

Wes Milne commented he bought property in this area so he could have large animals and the open lifestyle. He stated he liked the A-1 minimum, and the current zoning is his preference.

Norman Blake commented he was opposed to the zone change, as he has had to move three times and does not want to move again.

MOTION: A motion was made by Council Member Gardner to continue the public hearing until July 19.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East. Judd Palmer, applicant.

Community Development Director Bob Nicholson explained the subject property is located between the Serenity Hills subdivision and 3000 East and is adjacent to an R-1-10 subdivision.

Tim Frei, representing Mr. Palmer, explained that planning staff felt the request met the General Plan. Lots will front on a 60' collector road to the south, with roundabout circles for entrances. He stated he was confused as to what the City Council is looking for.

Mayor McArthur replied that each piece of property is different, and the City Council wants to make sure that the intent of the TND overlay zone is going to work.

Mr. Frei stated he did not want the public hearing to be continued, as it would just be delaying what makes sense. If the City Council is looking for different amenities, the applicant would be happy to consider this at the preliminary plat stage.

Mayor McArthur opened the public hearing.


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June 21, 2007
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Mike McGregor commented that the proposal is probably the only way this land can be developed, but he would like to see clustering and larger properties around the perimeter. This area would also be a good location for small neighborhood commercial. He suggested the City Council look at the site before making up their minds.

Bob Willard commented he would prefer to see lots larger than 10,000 sq. ft. in this area.

Libby, for Judd Palmer, commented that they would like the zone change approved as is, and there is enough room for trails along 3000 East.

Donald Rawlings commented that with regard to Jim Eardley?s zone change, the two properties to the north are full of weeds, and people do not take care of bigger lots. He stated that Mr. Palmer has removed all the tamarack and is bringing in rock to stabilize the ground. He is trying to make something of the property which was an eyesore before.

Mrs. Willard commented that many 10,000 sq. ft. lots and smaller lots have a lot of weeds too.

MOTION: A motion to continue the public hearing until July 19 was made by Council Member Orton.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to R-1-10 on three acres located at approximately 2200 South on 3000 East north of the George Washington Charter School. Sam Haslem, applicant.

Community Development Director Bob Nicholson explained that the subject property has frontage on 3000 East.

Sam Haslem, applicant, explained that the property is contiguous to a school and can only fit nine homes. The request meets all requirements, and the lots will be closer to 11,700 sq. ft. per lot.

Mayor McArthur opened the public hearing. There was no public comment.

MOTION: A motion was made by Council Member Gardner to continue the public hearing until July 19.
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/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment to the St. George City Code to clarify that 50' tall pole signs must be within 1500' of a freeway exit and located on a designated major commercial street.

Brad Young explained that there is a conflict with two sections of the Sign Ordinance. Staff recommends the proposed amendment which requires that 50' tall pole signs must be located on major commercial streets and be within 1500' of a freeway exit. He proposed adding 1470 South, 1600 South and 1700 South as major commercial streets, and to consider others on a case-by-case basis.

Council Member Gardner commented he felt 50' tall pole signs should be allowed anywhere within the 1500' bubble, whether on major commercial streets or not.

Council Member Bunker commented this would create a problem with aesthetics. The Sign Ordinance is trying to make the I-15 corridor not so cluttered with signs.

Council Member Gardner commented the purpose of signs is to draw travelers off the freeway to shop in St. George. He inquired what would give one business the right to have a 50' tall sign and not the other if they were both within the 1500' bubble.


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June 21, 2007
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Council Member Bunker replied in that event there would be a billboard sign every 50'.

Mr. Young clarified that signs would be up to 300 sq. ft. and 50' tall. Staff considered adding Black Ridge Drive to the list of major commercial streets, but because of its elevation the signs would be skylined.

Council Member Bunker commented she would hate to see those kinds of signs all over the community as they detract from the beauty of St. George.

Council Member Gardner inquired how to determine who gets one and who doesn?t.

Council Member Orton commented that while the City wants to bring travelers off the freeway, the City has moved forward in implementing its Sign Ordinance and he would hate to see it take a step backwards. He stated he felt the proposed ordinance change was fair.

Mr. Young suggested a major commercial street be defined as one with over 70% commercial use. He explained that the Sign Review Board discussed the issue twice and could not come to a conclusion. He stated that right now 1160 South Main is not designated as major commercial street, and Desert Palms has asked for a 50' pole sign. If a business is not within 1500' of a freeway exit, they would be limited to a 30' sign.

Mayor McArthur opened the public hearing.

Steve Davis, representing Rainbow Sign, stated that he liked the proposal, but would prefer to see the 1500' bubble be all-inclusive.

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

Council Member Whatcott commented that the last thing the City wanted to see would be signs on Black Ridge Drive or by the Stephen Wade building as the clutter would be ridiculous. He suggested that perhaps the matter should be continued so that they could see some examples of what the ordinance change will do on the proliferation side, and its pros and cons.

Council Member Orton commented he was concerned because this is the first time the Sign Review Board has not made a recommendation. He agreed that the matter should be continued.

Council Member Whatcott commented that he was not opposed to the ordinance change, he just wanted to be comfortable with it.

Mayor McArthur advised that the Sign Review Board could not meet because there are not enough people on the Board.

Brad Young commented that two of the five members have asked to be replaced.

Council Member Bunker commented that she agreed with Council Members Whatcott and Orton.

Community Development Director Bob Nicholson suggested the Council consider adoption of the ordinance without considering which streets should be added as major commercial streets.

Steve Davis, Rainbow Sign, recommended that the 1500' bubble be approved excluding Black Ridge Drive. He asked the Council to take into consideration the fact that the Dixie Center sign is 300' sq. ft and 50' feet tall, and it is dwarfed out in the real world.

MOTION: A motion was made by Council Member Orton to approve the ordinance without designating any additional major commercial streets.

Steve Davis asked the Council to add a provision that would allow signs to be addressed on a case-by-case basis.


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Mr. Young replied that this would require a recommendation from the Sign Review Board.

AMENDED MOTION: Council Member Orton amended his motion to add a provision that signs be considered on a case-by-case basis for recommendation to the City Council.
SECOND: The motion was seconded by Council Member Allen.

City Attorney Shwan Guzman advised that this was too loose and there should be guidelines on what the Sign Review Board and City Council is looking for in order to be consistent. An applicant will need to know with some reasonableness whether the petition will be approved or not, and there should be standards for the City Council to look at to consider the application.

WITHDRAW MOTION: Council Member Orton withdrew his motion.

Steve Davis inquired if the idea for the clarification was to tie into the grade of the freeway so as not to exceed 50' above freeway grade.

Brad Young replied that there is already a provision for this. Big billboard signs cannot be more than 50' above the freeway grade or 70' above adjacent ground level.

MOTION: A motion was made by Council Member Orton to approve the ordinance change clarifying that 50' tall pole signs must be located within 1500' of a freeway exit and located on a major commercial street.
WITHDRAW SECOND: Council Member Allen withdrew her second.
SECOND: Council Member Bunker seconded the motion.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Gardner - no
Council Member Allen - no

The motion carried.

Council Member Whatcott inquired if the issue would be addressed further for a comfort level.

City Attorney Shawn Guzman replied that the matter can be discussed in a work meeting to present proposals from staff.

Mayor McArthur suggested this meeting be held within one month.

PUBLIC HEARING/AMEND BUDGET/RESOLUTION:
Public hearing to consider amendments to the 2006-2007 budget.

Budget and Financial Planning Manager Deanna Brklacich reviewed the amendments to the budget.

Council Member Whatcott inquired about police overtime, and if this was a one-time expenditure or something that would continue on. He inquired if the amount was the same cost as adding another officer.

Mrs. Brklacich replied that the amount would be close, but this was probably a one-time expense as this year was unusual with the number of occurrences.

Police Chief Marlon Stratton explained that calls have increased significantly and it would be helpful to have another officer.

Mrs. Brklacich then continued reviewing the budget amendments.


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Page Twelve

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

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

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

The vote was unanimous and the motion carried

PUBLIC HEARING/ADOPT BUDGET/RESOLUTION:
Public hearing to consider adoption of the 2007-2008 budget.

Budget and Financial Planning Manager Deanna Brklacich advised the total budget is $304,000,000. The general operating fund portion is $46,000,000. The rest of the budget consists of enterprise funds and capital project funds. The increase in the capital project fund is basically because of the replacement airport, southern corridor project and Mall Drive bridge project.

Mayor McArthur opened the public hearing.

Ed Baca commented that at the last meeting he was not given the opportunity to respond to comments, especially during the public hearing. It was wrongly stated that he thought the police were not doing a good job. The police department is grossly understaffed, but they are doing an exceptional job considering their limitations. He stated he remains concerned that the budget did not include one additional fireman, especially in light of the recent house fires. He stated that the percentage of property tax revenue has notably declined which has a direct effect on the City budget. He attended a Washington County Water Conservancy District meeting where an increase adjustment was approved, and this will result in a slight increase in property tax. He stated while he was opposed to an increase in property taxes for St. George residents, the City?s acknowledged percentage in property tax rate might be headed in the same direction as the WCWCD. The Mayor stated the adjustment is not a tax increase. The purpose of a budget hearing is to discuss all the issues, and if not now, then when and where. He stated it was important for the public to be present when the department heads and City Council meet to establish budget priorities. It was refreshing to read that an adjoining city formed a budget committee who helped determine needs and wants before coming up with a budget. He stated he noted Council Member Allen made several trips to Salt Lake City at the taxpayer?s expense, and wondered if she was willing to inform the public of the fruits of her labors which made an impact on this budget year.

Mayor McArthur commented that Council Member Allen represents the City on the Utah League of Cities and Towns board and reports back to the Mayor and Council on her assignment. He stated to Mr. Baca that it was not clear what he was trying to say.

Council Member Allen commented that one of the reasons she is late to some Thursday Council meetings is because she serves as chair of the MPO Dixie formed several years ago. The MPO has recently been accepted as part of the JPAC, and it is wonderful to have a voice so St. George is not left out of the conversations which pertain to UDOT and other projects in this section of the state.

Council Member Gardner advised that at the first of this meeting the Mayor talked about UDOT?s decision to grant $120,000,000 to the City of St. George to help fund major projects. This may very well have happened due to Council Member Allen being in Salt Lake City, along with others from the community who have worked hard to accomplish just that. He offered kudos to Council Member Allen for this and expressed appreciation to her from the community and City Council.

St. George City Council Minutes
June 21, 2007
Page Thirteen

Budget and Financial Planning Manager Deanna Brklacich advised that some of the other fruits of Council Member Allen?s visits to Salt Lake City were the flood funds that the State gave the City, as well as the boutique tax in the City?s favor in the amount of $500,000. Those two examples alone warrant Council Member Allen?s time and travel.

Mayor McArthur commented that the City Council Members are the City?s best lobbyists, even though it could pay someone else to do this. Being 320 miles away from the capitol is an expense of time and effort, but it is done because the City Council Members love their community and take the time and effort to give back to the community. It is hard to hear citizens devalue this, along with some City departments and the good they do in the community. There has been a lot of discussion about needs with staff, and after review by the City Manager, some things were cut. He stated hats off to the City Council for all the time and effort spent on the budget. He stated he believed a thank you was in order, not a stab in the back.

Mayor McArthur closed the public hearing.

Budget and Financial Planning Manager Deanna Brklacich explained there were several minor additions to the budget since the last public hearing, and she then reviewed those changes.

MOTION: A motion was made by Council Member Orton to adopt the budget as presented, with compliments to staff and especially Deanna Brklacich who helped the City Council understand and get more out of this year?s budget than every before.
SECOND: The motion was seconded by Council Member Bunker.

Mrs. Brklacich advised that she will be updating the final budget on CD and the internet within the next week.

VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a limited restaurant license for Basila?s Caf?. Michael Kyle McGregor, applicant.

Budget and Financial Planning Manager Deanna Brklacich explained that Basila?s has changed owners. The new owner, Mr. McGregor, has completed the application and meets all requirements and background checks.

Michael McGregor, applicant, advised that he has been in the industry for 13 years. He advised he intends to expand Basila?s within St. George and the state. Eventually he will add steaks and seafood to the menu.

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

AIRPORT GROUND LEASE:
Consider approval of a non-commercial ground lease at the airport with Ron Metcalf.

MOTION: A motion was made by Council Member Gardner to approve the lease.
SECOND: The motion was seconded by Council Member Allen.

St. George City Council Minutes
June 12, 2007
Page Fourteen

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

AIRPORT GROUND LEASE:
Consider approval of a non-commercial ground lease at the airport with Bob Stebbins.

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

AGREEMENT:
Consider approval of an engineering services agreement with Alliance Consulting to perform design and construction management for a sewer trunk line to the Replacement Airport.

Budget and Financial Planning Manager Deanna Brklacich advised that this agreement is for 15,000 feet of sewer trunkline which will extend from the Ft. Pierce Wash to the Ft. Pierce Industrial Park to the replacement airport site. The agreement is for preparation of legal descriptions and rights-of-way and construction management and design in the amount of $114,879.54.

MOTION: A motion was made by Council Member Bunker to approve the agreement.
SECOND: The motion was seconded by Council Member Orton.

Public Works Director Larry Bulloch advised that the sewer trunkline will extend from the end of the existing lines and is being built in partnership with Desert Canyons and SITLA and will eventually be upgraded.

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

CONTRACT MODIFICATION:
Consider approval of a second contract modification to the UDOT Cooperative Agreement for the Southern Parkway.

Budget and Financial Planning Manager Deanna Brklacich advised that this contract will cover work east of River Road to SITLA?s east boundary and will include a pedestrian and bike underpass, geotech services for a four lane road, coordination of FEMA and state 404 permits, landscaping and aesthetic features, and design of a temporary irrigation water line from the Virgin River for watering during grading. The City?s match is $108,879, bringing the City?s total match to $600,252. Staff has estimated the City?s match at $7,000,000 to complete the Southern Corridor project.

Public Works Director Larry Bulloch advised that the road through the White Dome will be paved in coordination with the Southern Parkway.

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

AGREEMENT:
Consider approval of a reimbursement agreement with JP Excavating for installation of a storm drain pipe near Riverside Corners.

Budget and Financial Planning Manager Deanna Brklacich advised that Cameron Cutler is the applicant, and the agreement is for a commercial project at the corner of 270 East and 1450 South. The City?s participation will be to put in a larger storm drain pipe in addition to what the applicant is required to install, in the amount of $29,630.

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.


St. George City Council Minutes
June 21, 2007
Page Fifteen

REPORT FROM PLANNING COMMISSION:
Report from the Planning Commission meeting held June 12, 2007.

Community Development Director Bob Nicholson advised that the Planning Commission recommended public hearings before the City Council be scheduled for July 5, 2007 to consider (1) an amendment to Title 10, St. George City Code, to add provisions for commercial horse stables in the agricultural zones, Mining and Grazing, and the Open Space zone, and (2) a zone change from R-1-10 to PD Commercial on 3.90 acres located at 1300 East and 900 South.

CONDITIONAL USE PERMIT (2007-CUP-012):
Consider approval of a conditional use permit to construct a detached garage with a height up to 21'6" at 2528 East 2300 South (Crimson Cliffs Subdivision) in a RE-20 zone. Mr. and Mrs. McArthur, applicants.

Planner Ray Snyder explained that the application meets and exceeds distance requirements. The Planning Commission recommends approval. No concerns from neighbors have been expressed.

MOTION: A motion was made by Council Member Gardner 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.

Mayor McArthur advised that the applicants were not relatives, as far as he knew.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to expand an existing gravel pit operation located near the Ft. Pierce Wash within the W1/2 of T43S, R15W, SLB&M. Desert Canyons/Quality Excavation, Curt Gordon, applicants.

Planner Ray Snyder advised that the original conditional use permit in 2004 was for 19 acres, then in January of this year it was expanded by 54 acres. The request now is for an additional 92.2 acres, for a total of 184 acres. The request was scaled down to 92 acres, for a total of 146 acres. The material will be used for the Southern Corridor, and the applicant is trying to utilize the material before the road and development comes through the area. In the future there will be a General Plan amendment for Desert Canyons. The plan is similar to the plan presented in January. The Planning Commission recommends approval subject to 18 conditions. The applicants did not want to wait to submit all phases, and are proposing a second crushing plant. Rough grading and drainage will require a separate review. The applicants have no problem with the Planning Commission?s recommendations.

Ed Burgess, applicant, advised that they will stay with a five year life for the site. The site is located on private property. The plan is to be in and out within 12 months. If the Southern Corridor is started soon, two crushers will be moved to this site so it can be mined quickly.

Mr. Snyder advised that the original conditional use permit in 2004 was for five years, but after two years the site was exhausted. Planning Commission conditions have to do with pre-watering each phase, mitigating each phase, fencing, providing a fencing plan, wash boundaries, geotech report and testing, revegetation, dust control, water sources, back-up water sources, a channelization study, FEMA permits, Army Corp of Engineer permits, a phasing plan, truck route, traffic control, a more specific plan for dust, blasting, and monthly inspections by City staff. The applicant is fine with the conditions.

Bill Swensen advised that the City has the right to inspect the operation at any time. This area is a controlled access area, and staff will have to communicate with them to have access to the site. The inspections are a cooperative effort, not a demand, but the City will conduct the inspections at its convenience. Mr. Swensen advised that the Southern Utah Air Quality Task Force came up with a logo and mission statement, which he then distributed to the Mayor and Council.


St. George City Council Minutes
June 21, 2007
Page Sixteen

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

DONATION AGREEMENT:
Consider approval of a donation agreement with Boyer Green Valley.

Budget and Financial Planning Manager Deanna Brklacich advised that Boyer Green Valley is donating property to the City.

City Attorney Shawn Guzman explained that the property being donated was the subject of an illegal subdivision, and is where the ?Green Valley? used to written on the hillside. Boyer Company acquired this property, but there is no access to the top. The hillside and top is being donated to the City.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held May 17, 2007, the work meeting held May 21, 2007, and the regular meeting held June 7, 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.

ADJOURN TO RDA MEETING:
MOTION: A motion to adjourn to an RDA meeting was made by Council Member Bunker.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.





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Gay Cragun, City Recorder