City Council Minutes

Thursday, April 17,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 17, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:

Mayor Daniel McArthur
Council Member Gil Almquist
Council Member Gloria Shakespeare
Council Member Suzanne Allen
Council Member Gail Bunker
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Judith Mayfield

EXCUSED:
Council Member Jon Pike

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He then led the pledge of allegiance and the invocation was offered by Reverend Alex Wilkie.

Mayor McArthur excused Council Member Pike, who was out of town.

Mayor McArthur read a proclamation proclaiming April 24 as Equal Pay Day. The proclamation was accepted by members of the Business and Professional Women organization.

Mayor McArthur read a proclamation proclaiming the first of May as Youth Week. The proclamation was accepted by members of the Elks organization.

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

CONSENT CALENDAR:
Consider approval of the financial statement for March, 2008.

City Manager Gary Esplin stated that there are still concerns about revenues and he had asked all departments to reduce their budgets by 5% as of January 1, 2008. He stated that they are watching the budgets very closely and are in pretty good shape with three months remaining in the budget year.

Council Member Bunker said the departments have done an excellent job of controlling their budgets. She asked if the 5% percent cuts were the reason that they are 2% above last year.

City Manager Gary Esplin stated that the 2% is for the revenue projections for the year so far. He said they had projected an increase for this year and that was why they had to make the budget cuts. He said that some of the departments are 10% under their budgets and they are still watching all of them closely. He said that they are at 65% of the General Fund expenditures to date with 75% of the budget year gone.

Mayor McArthur stated that there are things that are in the budget that are very important and if possible they will get to them. He stated that the City Manager had asked the departments to cut their budgets for next year by 10%.

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Council Member Almquist stated that one of the smallest line items of the General Fund Expenditures was for Debt Service. He said that is a tribute to those who are watching the fiscal soundness of the City.

Council Member Bunker asked why the Federal and State Grants were so much less then they had been.

City Manager Gary Esplin stated that each year varies. He said that comparing the grants to what they were last year wouldn?t be a relative comparison. Most of the grants they are getting now are for the Police Department related to drug and gang enforcement, for recreation trails, and the airport.

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

AWARD OF BID:
Consider award of bid for a 50' articulating aerial device (bucket truck).

City Manager Gary Esplin stated that this item had been tabled.

AWARD OF BID:
Consider award of bid for power pedestals with service disconnect and battery backup.

Purchasing Manager Connie Hood explained that this bid is on the State Contract. She recommended award of the bid to Western Signal in the amount of $72,420.00. She stated that Western Signal offered the best delivery time which was critical to the project.
Council Member Bunker asked if this was for specific signals or for repair.

Purchasing Manager Connie Hood stated that it is for uninterrupted battery service for the traffic lights.

MOTION: A motion was made by Council Member Bunker to award the bid in the amount of $72,420.00 to Western Signal.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for playground installation at Willow Run Park aka Cottonwood Cove Park.

Purchasing Manager Connie Hood recommended award of the bid to the lowest bidder which was Western States Parks and Recreation in the amount of $27,363.00.

MOTION: A motion was made by Council Member Shakespeare to award the bid in the amount of $27,363.00 to Western States Parks and Recreation.
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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AWARD OF BID:
Consider award of bid for 750 primary URD EPR cable for the Power Department.

Purchasing Manager Connie Hood stated that there were only two approved distributors for this product. She recommended award of the bid in the amount of $46,987.50 to the low bidder, Codale.

MOTION: A motion was made by Council Member Bunker to award the bid in the amount of $46,987.50 to Codale.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of the annual blanket for asphalt repair and patching.

Purchasing Manager Connie Hood stated Western Rock submitted an overall low bid in the amount of $106,000. She recommended award of the annual blanket to Western Rock in an amount not to exceed $95,000. She explained that the $95,000 was based on adjusted budgeted amounts from Streets, Water, Wastewater and Energy.

Mayor McArthur explained the process the City uses to award annual blanket bids.

MOTION: A motion was made by Council Member Allen to award the blanket bid in an amount not to exceed $95,000 to Western Rock.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the 2008 road construction project.

Purchasing Manager Connie Hood explained that bids were received from three local suppliers with Western Rock submitting the low bid in the amount of $440,434.00. She recommended award of the bid to Western Rock.

Council Member Almquist asked which locations would be included in the project.

Mayor McArthur stated that the projects were done based on the type of work needed and a maintenance schedule that was developed by Public Works.

Council Member Allen asked if the maintenance schedule was posted on the City?s web site.

City Manager Gary Esplin stated that it was on the web site under the Streets Division.

MOTION: A motion was made by Council Member Allen to award the bid in the amount of $440,434.00 to Western Rock.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.




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APPROVAL OF PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with Bush and Gudgell to design a safety project on Indian Hills Drive near Southwood Meadows Subdivision.

Purchasing Manager Connie Hood explained that this is a professional services agreement with Bush and Gudgell in the amount of $29,950.

Council Member Bunker asked if the project was only on a small portion of the area.

City Manager Gary Esplin stated that it was only on a small portion. He said that the Council had asked them to look at the area to alleviate safety issues.

Council Member Allen asked if the agreement amount was just for design work.

City Manager Gary Esplin said yes, it was only for design work.

Mayor McArthur explained that the City doesn?t always request bids for professional services. He said they work with various firms around the City to contract for professional services.

Council Member Almquist said that it was important to note that the property owner east of Indian Hills had been very cooperative about keeping the natural stone and looks of the area. He said that he would encourage the design to maintain some natural look in the roadway. He said he didn?t want to cut away hillsides just to get a clear shot.

MOTION: A motion was made by Council Member Bunker to approve the professional services agreement with Bush and Gudgell in the amount of $29,950.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order for project management on Tonaquint Drive.

Purchasing Manager Connie Hood explained that because the project extended past the original five month period, a change order was needed to cover additional construction management services.

City Manager Gary Esplin stated that because the project was not completed on time the additional costs would be offset with liquidated damages against the contractor.

Council Member Allen asked how long it would take to get the liquidated damages.

City Manager Gary Esplin stated that they were withholding payment so it wouldn?t be a problem.

MOTION: A motion was made by Council Member Allen to approve the change order in the amount of $11,000 to Alpha Engineering for project management on Tonaquint Drive.
SECOND: The motion was seconded by Council Member Bunker.

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

PENDING ORDINANCE:
Consider approval of a pending ordinance prohibiting billboard video signs.

City Manager Gary Esplin stated that the City doesn?t have an ordinance that prohibits certain types of video displays on new billboards. He said the pending ordinance would prohibit the installation of video or LED type billboards until permanent requirements for those types of signs could be established.

Mayor McArthur explained that a pending ordinance addresses concerns that are raised by the public or the Council that aren?t covered by any other ordinances. He said that it gives the City an amount of time to look at the concerns and establish standards.

City Attorney Shawn Guzman stated that YESCO had received a permit to change out the Bluff Street billboard to video screens. He said that he wanted to be sure that everyone understood that the permit had been approved for that one.

Council Member Allen asked if the pending ordinance was just for billboards.

City Attorney Guzman said that it was only for billboards and that it also did not include reader boards. He said that the City had up to six months to write an ordinance that would address the issue.

Council Member Almquist stated that would give the sign companies time to give their input on the ordinance. He said it would also give the City time to talk to the professionals and find out all of the techniques that are available when it comes to video and LTD signs.

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

Council Member Almquist ? aye
Council Member Shakespeare ? aye
Council Member Allen ? aye
Council Member Bunker ? aye
The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance requiring that during performance of a contract with the City, contractors, vendors, professional companies, etc. will comply with Section 274A of the Immigration and Nationality Act which certifies that they do not and will not employ or subcontract with employers that hire workers who are not eligible for employment in the United States.

Mayor McArthur explained that this item was not a public hearing; therefore, he would not be taking public comments. He said the item was to consider approval of an ordinance requiring that during performance of a contract with the City, contractors, vendors, professional companies, etc. will comply with Section 274A of the Immigration and Nationality Act which certifies that they do not and will not employ or subcontract with

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employers that hire workers who are not eligible for employment in the United States. Mayor McArthur stated that he had received a letter from the St. George Chamber of Commerce in support of the ordinance. Mayor McArthur said that this is something that had been before the Council previously and that the City Attorney had been asked to write an ordinance that would cover this.

Council Member Allen asked if this was any different than the forms that are currently required to be filled out for employment.

Deanna Brklacich, Manager of Budget and Financial Planning, stated that when we hire individuals we do require documentation that shows they are eligible to work in the United States.

Mayor McArthur explained that this is different because it is for contractors that the City works with.

Ms. Brklacich stated that this is for the purchasing ordinance. She stated that Connie Hood, Purchasing Manager had done a lot of work on this item and worked closely with the Legal Department. She explained that whenever the City contracts for goods and services we expect any vendors that are used to comply with all employment laws. She stated that the ordinance is to emphasize that the vendors ensure they comply with the INA rules and regulations regarding hiring eligible workers for any services that are providing to the City of St. George.

Council Member Almquist said that he felt that they should take action on this. He explained that about 3 months ago they met and said it was one of the primary items that needed to be addressed within the first 100 days of their tenure as Council Members. He said that he was very pleased and that this was a first step. He said that they wanted to go to the next step with the Business Licensing. He said that when someone applies
for a Business License there should be a place on the form that says the owner will follow the law in their hiring practices.

City Attorney Guzman stated that the ordinance would require a clause to be added to all contracts with vendors and for those submitting bids to the City. Mr. Guzman said the clause would state that by submitting a proposal and/or by signing this contract, contractor certifies that it does not and will not during the performance of this contract knowingly employ, or subcontract with any entity which employs workers in violation of 8 USC ? 1324a. Contractor agrees to produce, at the City?s request, such documents which are required to verify compliance with applicable State and Federal laws. If the contractor knowingly employs workers in violation of 8 USC ? 1324a, such violation shall be cause of unilateral cancellation of the contract between contractor and the City. In the event this contract is terminated due to violation of 8 USC ? 1324a by the contractor or subcontractor of the contractor, the contractor shall be liable for any and all costs associated with such termination, including, but not limited to, any damages incurred by the City as well as attorney fees. He said that the clause would not require any additional burden on contractors but that it would require the contractors to show the documentation for their workers if the City had reason to believe that there was a violation of the INA rules and regulations. He said that if there were a violation the City would be able to cancel the contract and the contractor would be liable for damages.




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Council Member Almquist said the whole community had worked on this and he wanted to recognize their efforts. He thanked everyone that had been involved and stated that this was a great step for St. George.

Council Member Bunker said that she also thought it was a great step and she wanted to applaud Council Member Almquist and all the others that have worked to get the ordinance written.
MOTION: A motion was made by Council Member Almquist to approve the ordinance.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker ? aye
Council Member Allen ? aye
Council Member Shakespeare ? aye
Council Member Almquist ? aye
The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing matching funds for the upgrade/installation of SCADA equipment at various tank and well sites.

City Manager Gary Esplin explained that the grant request would provide funding over a two year period with approximately $200,000 spent each year. He said there would be $100,000 per year in matching funds. He stated that the project was necessary and would be included in the 2009 budget request.

MOTION: A motion was made by Council Member Allen 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 Bunker ? aye
Council Member Allen ? aye
Council Member Shakespeare ? aye
Council Member Almquist ? aye
The vote was unanimous and the motion carried.

Mayor McArthur invited several youth from the audience to introduce themselves. They stated that they were students from Dixie High School and were attending the Council meeting as part of their Government Class.

SET PUBLIC HEARINGS:
Community Development Director, Bob Nicholson advised that the Planning Commission, at its meeting held April 8, 2008, recommended that a public hearing be set for May 1, 2008 to consider a zone change request from RE-12.5 (Residential Estate 12,500 square feet minimum lot size) to PD-RES (Planned Development ? Residential) on 34.58 acres located generally at 2050 East 150 North. He explained that this was up above the Middleton area where they had recently taken a field trip. He said the applicant was Red Cliffs Park Development.


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MOTION: A motion was made by Council Member Allen to set the public hearing as recommended.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Community Development Director, Bob Nicholson advised that the Planning Commission, at its meeting held April 8, 2008, recommended approval of the following final plats:

The Estates at Hidden Valley Phase 4, located in the Hidden Valley Development at approximately 470 East and 3500 South (across the street from Hidden Valley Park). Mr. Jim Raines, representative.

Boulevard Centre Pad ?C?, located at 162 North 400 East. Mr. Bob Hermandson, representative.

Council Member Allen asked if the Boulevard Centre Pad ?C? would have any effect on the parking.

Community Development Director, Bob Nicholson, stated that it complies with prior discussions and agreements.

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

Council Member Almquist stated that approximately six years ago the group had agreed to help work out the Caf? Rio parking situation. He asked Community Development Director Nicholson if a shared parking agreement had been established or if they are willing to allow a pass through.

Community Development Director, Bob Nicholson stated there is an access that has been set aside to some day punch through to 5th East.

Council Member Almquist stated that there was another pad site north of the Caf? Rio.

Community Development Director, Bob Nicholson said that was true. He explained that pad is still vacant and would have to be built for parking.

City Manager Gary Esplin said that the final plat for Boulevard Centre Pad ?C? complies with the ordinance. He stated that any new parking lots would be required as part of the development to have another access out. He said that the Caf? Rio had done everything they could up to this point.

Council Member Almquist stated that at a Planning Commission meeting he remembers the north property owner making a commitment to work out the parking problem.

City Manager Gary Esplin said that the property owner was not prohibiting people from parking in his spaces. He stated that other owners have prohibited parking.



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City Attorney Shawn Guzman said that Larkins and Giffords did put in an additional 32 parking stalls. He said that they understand that if they want to build another building on the site they would have to provide additional parking.

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

Community Development Director, Bob Nicholson said that there were two additional items discussed at the April 8, 2008 Planning Commission meeting.

Mayor McArthur stated they would continue with the Planning Commission report.

Council Member Allen stated that she would excuse herself from the discussion regarding the Conditional Use Permit because the applicant, Mr. Clark, was her son-in-law.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an indoor soccer facility in the former Moore Business Forms building located at 400 South on Dixie Drive in an M-2 zone. Dave Clark, applicant.

City Planner Ray Snyder advised that the request was for a conditional use permit to establish and operate an indoor soccer facility within the former Moore Business Forms building located at 1850 West 400 South. He said Mr. Dave Clark was the applicant. He stated that it is M-2 zoned. Mr. Snyder explained on March 25, 2008 the Planning Commission determined an indoor soccer field was similar to and in harmony with a recreational enterprise use which was a conditional use in the M-2 zone. He said the business is indoor soccer, year round, with four employees. They would have artificial turf in an enclosed field. The field is approximately 8,000 square feet and only 1 field was proposed. Mr. Snyder said the games would be two halves at 20 ? 22 minutes depending on the age of the players. There would be 10 minutes between games. He stated that there would be 16 players per game and that youth and adult teams were anticipated. He said that there would be no cost for admission for spectators and a spectator?s bench with room for 15 would be provided. Mr. Snyder referred to site plans that were displayed in Council Chambers. He said there were 137 parking spaces in one area and 20 spaces in another area. He said the applicant proposed 50 spaces per field and the Planning Commission agreed with that number. Mr. Snyder said that there was a short letter and petition that was signed by 18 neighbors. He said the Planning Commission could not accept the petition but that the letter portion was read and discussed. The letter expressed concerns about two issues: the proposed indoor soccer field and the contractor?s yard on the same site. He said that the Planning Commission could only address the soccer request. He said that the Planning Commission did inform the residents that the concern about the contractor?s yard had been turned over to the code enforcement department for action. Mr. Snyder stated the Planning Commission recommended approval with the following conditions:

1. The hours shall be 3:00 p.m. to 10:00 p.m. Monday through Friday, 8:00 a.m. to 10:00 p.m. Saturdays and 9:00 a.m. to 7:00 p.m. Sundays.

2. No concessions are permitted.

3. A minimum of one men?s restroom and one women?s restroom shall be provided per field.


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4. A minimum of 50 paved parking spaces on the west side of the building shall be provided.

5. The applicant shall comply with the following findings:

A. Noise - Contain all noise inside the building

B. Dust - Monitor any dust created by soccer business and comply with standards

C. Odors - Contain all odors to meet standards

D. Aesthetics - Existing building shall blend harmoniously with the neighborhood

E. Safety ? Not applicable

F. Traffic - Meet City traffic requirements

G. Height ? Not applicable

H. Hours of Operation ? Hours of operation limited to 10 p.m.

I. Saturation/Spacing ? No applicable

J. Maintain Character and purpose of zone ? Ref. 2008-ZRA-002

K. Public Health ? Comply with State standards and one restroom for each gender per field.

Mayor McArthur asked Mr. Snyder if there was discussion about mixed use of the building. He said that there were certain uses that would not be compatible with one another.

Mr. Snyder said that there was some discussion about mixed uses. He said that the applicant plans to have mixed uses in the future.

Mayor McArthur said that there needs to be a separation from industrial uses and recreational uses. He said that he wasn?t worried about mixed use in the same zone but he was concerned about mixed use in the same building.

City Planner Ray Snyder stated that the building is in a M-2 zone which has more restrictions than a M-1 zone.

City Manager Gary Esplin stated that with a request for a conditional use permit the Council could approve what would be considered compatible.

Mr. Roger Stratford, representative for the applicant, stated that they felt the indoor soccer would be a great use for the youth. He said that it was a different type of soccer than what is played outside. He asked the Council to consider having the last game start at 10:00 p.m. He said they had wanted to stay open until midnight and having to close by 10:00 p.m. would eliminate two games being played. He said that the area would be blocked off and said that in the letter of intent there was a caveat after 18 months that if something came up that would not work with their particular use, the owner of the


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building would have the opportunity to buy out the contract and use it for a different purpose.

Council Member Shakespeare stated that the reason the neighbors wanted the 10 p.m. closing time was because that was the time the parks closed. She said the Planning Commission debated the issue for quite a while but in consideration of the people living in the area they recommended the 10:00 p.m. closing time. She stated that one of her concerns was that the back side of the parking lot was not separated from the homes by a wall. She said that if in the future they would want to expand that could be a problem.
Mr. Stratford said that they would be parking on the west side and that part of the parking lot does have a block wall.

Council Member Shakespeare asked Mr. Stratford to clarify how many restrooms were in the building and available for the indoor soccer.

Mr. Stratford said that there are several restrooms throughout the building. He said that if there was a need for more than the two restrooms in the immediate area, there would be other restrooms that would be conveniently located.

Council Member Bunker asked Mr. Stratford if they would be having tournaments in the building.

Mr. Stratford explained that they would have leagues.

Council Member Bunker said that the neighbors referred to the area as an arena. She said that she would expect that there would be more than 15 spectators at the games. She said that she estimated the parking needs to be greater than what was being recommended.

Mr. Stratford stated that there wouldn?t be a lot of spectators because they would not be having school teams playing. He said the seating would be for family members. He said there wouldn?t be cheerleaders or large crowds.

Council Member Bunker Gail asked if the lighting was adequate since the building would be used after dark.

Mr. Stratford stated that the lighting was adequate around the building and the parking lot.

Council Member Almquist said that in addition to the indoor soccer field, he would like to explore the idea of using part of the building for an indoor ice skating rink. He stated that would be a compatible use.

Mayor McArthur said that he would like to add to the Planning Commission?s conditions that whatever is in the building is compatible with the M-2 zone.

Council Member Shakespeare said that the applicant could come back to the Council at a later date to request changing the closing hours. She said that if they could show that there wouldn?t be a negative impact on the neighborhood it could be considered in the future.

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City Attorney Shawn Guzman stated the building is in a M-2 zone. He asked if the Mayor was saying that rather than open it to all M-2 uses, that instead he wanted to review and have the option of approving future uses in the building.

Mayor McArthur said that he thought they would need to review future uses to make sure they were compatible with other uses in the building.

City Attorney Shawn Guzman asked Mr. Stratford if he had the authority to make that commitment on behalf of the owner.

Mr. Stratford stated that he did not have the authority to make that type of commitment.

City Attorney Shawn Guzman explained that because the building is in a M-2 zone, the conditional use permit is for the soccer facility. He said the building is open to any M-2 use. He said that they would need the property owner to say that in exchange for allowing them to operate this facility, they would be willing to come back to the Council and have them approve any future use in the building.

Mayor McArthur said he wants the property owner to make a commitment to come back to the Council for any future uses. He said that this would have an impact on all M-2 zones not just this building.

Council Member Almquist asked if they couldn?t approve the conditional use permit on the condition that there would be no objection from the owner.

City Attorney Shawn Guzman stated that they would have to have a written statement from the owner that said they would be willing to limit the approved uses that could go into the building because right now under the ordinance they would have several uses.

Mayor McArthur said that the owner also had the option of requesting a zone change.

Community Development Director Bob Nicholson stated that there were only 2 M-2 zones in the City. He said they were Millcreek Industrial Park and the Moore Business Forms property. Mr. Nicholson stated that the owner of the Moore Business Forms property had come to the Planning Staff Review meetings several times in the past year with different plans. He said that the owner intends to request a zone change on the property to something more neighborhood friendly.

Mayor McArthur said he agreed with Council Member Almquist to approve the request subject to getting the owner?s agreement.

City Attorney Shawn Guzman said if they move forward on the request they would not be addressing their concerns about mixed use because the request for conditional use is for the indoor soccer field in a M-2 zone. He said if the goal was to allow the conditional use subject to certain conditions, then the conditions need to be listed. One of those conditions could be that the other uses that are approved in M-2 zones would have to come to the Council for approval because of the proximity to the recreational facility.

Mayor McArthur asked City Attorney Guzman if he was saying they should table the item.

City Attorney Shawn Guzman said that if it is the Councils choice to address the concern then they need to articulate the conditions.
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City Manager Gary Esplin stated that the requested uses in the M-2 zone could be significantly worse than what is being requested. He said they need to look at the long term use of the building. He felt they should try to work with the applicant to see if they can go forward with the conditional use.

Council Member Shakespeare said that she would like to change the zoning that would protect the building and the neighborhood in a greater way.

City Manager Gary Esplin stated that the building is an existing building with an existing use that has vested rights. He stated that it was his understanding that even if the zone were changed it would not affect the existing use of the building.

City Attorney Shawn Guzman explained that for a conditional use in Utah they have to articulate a standard for a particular conditional use and once its met there is no going back to review it. He said that with the existing building, since it had been vacant for a period of 1 year, the owner would have to comply with the new zoning. He said if they wanted to make sure that future uses would be compatible with the recreational facility they would need to make that one of the standards for approval.

Council Member Bunker asked City Attorney Guzman if he was suggesting that the item be tabled.

City Attorney Guzman replied if it was the Council?s desire to make sure that there weren?t any incompatible uses they would have to go back and look at the standards. He said that if that wasn?t their concern then they would be free to approve the request.

Mr. Stratford said it would be partitioned off from other activities. He explained after 18 months if someone wants to take the whole building they would be out of the building.

MOTION: Council Member Almquist made a motion to table the item until they could take time to look at the standards that would apply for conditional use permits.
SECOND: Council Member Shakespeare seconded the motion.

City Attorney Shawn Guzman clarified that Mayor McArthur?s concern about the request was the fact that there was a possibility of other uses in the same building with a recreational facility in a M-2 zone.

Mayor McArthur stated that was correct.

City Planner Ray Snyder stated the owner was on his way to the Council meeting and asked if they could continue the discussion later in the Council meeting.

MOTION WITHDRAWN: Council Member Almquist withdrew his motion.

Mayor McArthur said they would move the item to later in the agenda.

PUBLIC HEARING/AMENDED PLAT:
Public hearing to consider approval of the amended final plat for Millcreek Commercial Subdivision 2nd amendment located on the west side of 3050 East Street at about 970 North. Ken Miller, representative.

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Catherine Hasfurther stated that this is an existing plat located in the Millcreek Commercial development area at approximately 2950 East and 970 North. She said they were adjusting a lot line and adding a lot.

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

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

PUBLIC HEARING/GENERAL PLAN AMEND:
Public hearing to consider amendment of the City?s General Plan Land Use Map by changing the land use designation from Mixed Residential to Professional Office, Commercial and Mixed Residential on 274 acres located at the present site of the St. George Municipal Airport. Anderson Development, Inc., applicant.

Community Development Director Bob Nicholson explained that there were a couple of exhibits and referred to a map behind Council Member Shakespeare which he said was also showing on the screens on the side walls. He stated the request was to amend the General Plan for the City by approving a concept plan for the Airport property. He stated there were 274 acres located at the present site of the St. George Airport with a small portion on a side hill at the southwest side of the property. The applicant is Anderson Development. He explained that the land would not be available for development until the new airport was operational sometime in 2011 or later. The applicant, as part of the purchase agreement, would like the concept plan to be approved now so they would have some assurance going forward knowing the City supports the concept. He said they would expect the detailed plans to come forward in about 2011 which would be part of the zoning request. The concept plan shows 42 acres for commercial development which is labeled as ?Town Center? on the plan, 50 acres of open space, 17.5 acres for office use possibly including mini-storage, and 154 acres in a variety of housing types ranging from approximately 70 estate type lots on the south end of the mesa that would be one-third to one-half acre lots to 658 medium and high density housing units for a total of 1,328 dwelling units. He stated that reality might dictate that there would be fewer when the actual zoning request is made. Mr. Nicholson advised that the applicant is aware of the City?s Hillside Development Ordinance and the use restrictions placed on property with slopes greater than 20%. The applicant fully intends to comply with all provisions including the 50? development setback from the ridge line. He said that traffic capacity was a major issue with the request and that two new roads are proposed to be built. He stated one of the roads would come from the south from Blackridge Drive near the location of Mitsubishi/Subaru dealership and on the west side of the property a road would cross Indian Hills Drive, a new bridge over the Santa Clara River and eventually tie into South Dixie Drive. At that point there would be three major roads to serve the property. The current airport road, a new road off the west side and a new road off the
southeast side. He said the conceptual plan proposed a mix of housing types. There would be 264 resort housing units, 468 high density, 190 medium density, 70 estate lots and 336 town home units for a total of 1,328. He said that number may be in the upper limit and that based on the traffic there would be somewhat fewer. He explained that Anderson Development said that the mix of housing units could change based on what the market dictates 2 - 4 years from now. He stated that the necessary utilities are available to the property and that it would be the developer?s responsibility to extend

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those through the site. Detailed utility plans would be part of the zoning change application and they would expect to get in 2 ? 3 years. He said the Planning Commission discussed traffic, hillside setbacks and building visibility, park and trails, and aesthetics. He said the developer had in concept agreed to a trail along the rim of the project. He said they talked about the height and design of setbacks. He stated the developer planned to have the taller buildings in the interior of the property so they would be less noticeable from the city floor. Traffic capacity to accommodate the proposed project would need to be planned for as the City makes street improvements in the vicinity in the coming years. Mr. Nicholson stated that the Planning Commission recommended approval of the General Plan amendment with the expectation that mitigation of traffic issues and compliance with the hillside ordinance would occur. He said the concept plan was in harmony with the Vision Dixie Principles. He cited Principle 6 that allows for new growth to be focused into and around strong, walkable mixed-use centers and provides all the ingredients of mixed use centers. He cited Principle 7 which encourages focus inward first, contiguously second, and discourage leap-frog development and Principle 8 that provides a broad range of housing types to meet the needs of all income levels, family types, and stages of life.

Council Member Bunker asked if there was enough available water for such a large project and would it be coming from the tank on the west side.

City Manager Gary Esplin said the project would be part of the master plan and build out. He explained that with the City?s agreements with the Water Conservancy District there would be plenty of water for the foreseeable future and the project. He stated they went through the planning process a couple of years ago when the FAA required them to do a master plan amendment concept plan. The City hired a company from Denver to do a conceptual plan at that time. They recommended a town center with some mixed use to create a project where you could go, stay, live, be there and not necessarily have to go outside of the area when you needed something. He said it?s the biggest piece of the downtown that would be able to accommodate that type of concept. He stated the developer had followed that original plan in their concept plan.

Mayor McArthur said there had been questions about whether the project would disturb hillsides but stated that based on the plan it would not because it is on top of the hill. He advised the plan that had been approved before was very similar and had the mixed uses.
Mr. Stewart Park stated he was with Anderson development. He said they were excited about the project and viewed it as an opportunity. He said they have a responsibility along with the City Council to make sure the project is done right. Mr. Park thanked City staff members, the Council and the Mayor for their help since February in getting the project moved along. He advised they were there to request an amendment to the General Plan. He explained they were 4 years away and that markets would change. He stated the plan that was submitted was done before a traffic study and that there would likely be changes based on that information. He stated they had put together some strategic alliances with individuals and companies in St. George and said they view the project as a very important one for Anderson Development. He stated that they are strategic master planners of integrated communities and explained that is different from many other planners. They have relationships with vertical developers and wanted to make it clear that they will not be building any of the properties. The benefit to the City is that they have the ability to look at a piece of property from a strategic standpoint and determine its best use. They are not strictly commercial developers or residential developers. They build projects that beautify and add value to the community. He said

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Anderson Development is currently managing over $1 billion in land assets. Mr. Park went through a PowerPoint presentation that provided an overview of what Anderson Development does and many of the projects they have been involved in.

Mr. Ronald Feldberg, a representative from Anderson Development stated the plan they had was made based on the Master Plan of the City of St. George. He said the density would change over the course of the years. He referred to a site map and said the first piece had been designed on the northwest side. It would be low-rise buildings with quality office space that would serve as corporate headquarter space or for professional uses. Straight to the east would be a town center. That area would be designed as walkable and easily accessible and would include top-end boutiques, restaurants, and additional services. He explained that straight to the west and just south of the town
center would be resort type housing. To the south of that area would be the highest density units. They would be very tasteful multi-family affordable housing units. He said there would be medium density housing on the east half of the bluff and would be more single family units. South of that would be a place reserved for estate lots. On the northern margin of that piece of property or on the edge of the medium density property they want to find a place for a pocket park. He stated it would be compatible with the City?s park and recreation plans and the trail plan. He said on the southwest toe of the development would be a stacked flat type of housing that is found in volcanic types of areas. Those types of structures are very expensive to build because they are built to fit into the environment. He said they would probably spend at least a year studying the area and would find a developer that had a track record with that type of terrain. He stated again that the concept plan was designed without the benefit of a traffic study and they already have had to look at changes.

Council Member Almquist said he was concerned about the southwest toe of the development because of its high visibility.

Mr. Feldberg said the area was unique and would require an experienced developer.

Council Member Almquist stated that he felt the Hillside Ordinance would help to protect that area. He said on the other side they had inherited a road that was drawn up the east flank. Once they have had an opportunity to look at the new interchange, Bluff Street and Hilton Drive changes he would like them to look at 250 West that follows a natural contour. He stated it was significantly like Foremaster Ridge where it followed the contour of the land.

Mr. Feldberg replied that they had met with the current owner of the property. He said he has all of their files and maps. He said he doesn?t know what will happen with that area but that it may actually fork and go both ways. He advised that he had been talking with planning staff about the area. He was a little alarmed about how much dirt had already been moved from the site but he said he has a window of time to get it done. He agreed with Council Member Almquist that 250 West would be easier and that it would be a gentler slope.

City Manager Gary Esplin said it was important to know that the road signifies that there is a road from one end to the other. They would have to comply with the Hillside Ordinance. He explained that when they bid the project out they indicated that the City would be responsible for providing access from the South. He advised that they would have to take into consideration what would happen on the east side of the hill. He said they were willing to look at various options.

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Mr. Feldberg said the LDS church, as part of the Heber Valley Camp, put the road in first and it is right across some very sensitive ecological areas. He said they were determined to do it right and that it is a magnificent road.

Mayor McArthur opened the public meeting.

Mr. Greg Stevens said that during the City Council campaign at an open meeting held at Zion Youth Academy he stated the this particular project was his biggest thing. He feels that the City has a responsibility to the citizens. He said there have been great sacrifices to make the City what it is. He said the City is the metropolitan area of southern Utah. He stated the project would have to be done very carefully and with a lot of thought. He agreed with the City Center concept and metropolitan area. He thought a vertical mixed use would be better than a horizontal mixed use. He looked at the property and thought that bringing a road up Indian Hills Drive where there is a natural concourse would make a very nice road. He was in full support of the project but that it had to be done right and with a pioneer spirit. He stated there was some Indian writing on rocks in the area and he would like to see them preserved. He suggested putting them somewhere where the public could see them. He said that he lives on Foremaster Ridge and that he had been riding his bike down to the Town Square. He stated the project was one of the best ones the City had done and that he would like to see the water walk expanded.

Mr. Bruce Cox, from Las Vegas, NV explained he was at the meeting on behalf of himself, his wife and other family members. He said they own property that stretches from Bluff Street up over edge and on top. He explained that when the State put Bluff Street in they took their access from the bottom of the property. He felt they still had access from the top. He gave a copy of an aerial map to the Mayor and Council Members. He stated they were in approval of the overall plan but wanted the City to either provide them with access to their property or to give them an opportunity to buy the property between their property and the Airport Road. They wanted their rights to be considered so they are not precluded from future development of their land. He said the property south of theirs is
owned by Jim McArthur or the McArthur Family Trust and they have a similar problem. He said he wanted the City to be aware of the family and have their interests considered.

Mayor McArthur asked Mr. Cox if the property fronts on Bluff Street.

Mr. Cox replied that it did.

Mr. Greg Stevens said he had another concern. He stated that Vision Dixie had recommended 100 ft. setbacks from the leading edge. He disagreed with that. He said they were trying to protect the view for the people who live in the valley but not consider the view for the people who live on the hill. He said the setbacks should only be there if there was a potential health hazard.

Mayor McArthur advised that they have had a lot of discussions about the hillsides and setbacks.

Mr. Ed Baca, said he was a concerned citizen who lives at 317 S. Five Sisters Drive. He was extremely pleased to see that the proposal satisfies and is compatible with the redevelopment studies and the mixture it brings in. He commended the Mayor and Council and said he supports the effort. He asked if there had been any consideration to build a fire station in the area based on the continued building and increased density.

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City Manager Gary Esplin replied that in the final development agreement there would be a provision to provide for needed public facilities.

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

MOTION: A motion was made by Council Member Allen to approve amendment of the City?s General Plan Land Use Map.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Almquist ? aye
Council Member Shakespeare ? aye
Council Member Allen ? aye
Council Member Bunker ? aye
The vote was unanimous and the motion carried.

PUBLIC HEARING/APPROVAL OF AMENDMENT:
Public hearing to consider approval of an amendment to Title 10, St. George City Code, to add Chapter 25 ?Landscaping Standards? and to amend several sections of the zoning code which pertain to landscaping.

City Manager Gary Esplin recommended the public hearing be continued for 30 days. He explained there had been concerns expressed by some of the community members and he would like to provide them with additional time to work on details.

MOTION: A motion was made by Council Member Bunker to continue the public hearing for 30 days.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur opened the public hearing.

Mr. Jerry Campbell said he supported the ordinance. He said several years ago they went to the Water and Power Board and expressed concern about the irrigation systems. They brought examples to the Water Board of poorly designed and constructed irrigation systems. They asked the Board to make it a priority and to have it be a condition to get a Certificate of Occupancy. They also worked with the Water Department staff. He explained that they wanted the irrigation and sprinkling systems not to become a second thought for the developers. He was pleased that the Landscape Ordinance stated that the landscaping and irrigation installations shall be completed prior to the issuance of a certificate of occupancy and that the landscape contractor or irrigation installer shall provide the City certification that all improvements have been installed in accordance with the approved plan and specifications prior to issuance of a certificate of occupancy. He was also pleased that the ordinance contained language that all irrigation installers shall be supervised by a Certified Irrigation Contractor. He had a concern about the impact on developers who were doing large projects in segments if the ordinance prevented them from selling parcels that had been completed until the entire project was completed.

CONDITIONAL USE PERMIT FOR INDOOR SOCCER FACILITY (CONTINUED):
Mayor McArthur called for a five minute break. Upon conclusion of the break, the meeting continued.

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Mayor McArthur advised that they would continue the discussion on the Conditional Use Permit for an indoor soccer field. He said that Council Member Allen would not be participating in the discussion because of a conflict of interest.

City Planner Ray Snyder stated they were back on Item 3 of the Planning Commission Report for a Conditional Use Permit to establish and operate an indoor soccer field. He said Mr. Kurt Kramer, one of the partners for the indoor soccer, had arrived at the Council Meeting.

Mayor McArthur said that when the request was being discussed earlier in the meeting there had been some question as to whether there would be a request for a zone change in the near future.

Mr. Kurt Kramer explained that he was one of the owners of the building and that the long term use of the building would be to convert it into residential property for seniors. They wanted to convert the building into a common amenity space for the seniors that would be living there. In the interim they are trying to find short term users. He stated they were not interested in bringing in any manufacturing since that would be a long term use. They were looking at things like mini storage, small contractor spaces, the soccer field, the slots warehouse owner. He stated they had a responsibility to all of the users to separate the spaces so that people can?t wander from space to space. They would put up some type of barrier that would be permanent enough so people wouldn?t be able to get from one space to another. He said they would have to do that from a liability standpoint. They would be willing to allow the City to put conditions on all the other users that would be in the building.

City Attorney Shawn Guzman explained the concern was that it was a M-2 zone and there could be the possibility of a use that was allowed in the M-2 zone being in the same building with the recreational facility. He advised that if their concern was that no M-2 use be allowed in the building than the owner would have to agree to that. Mr. Guzman said another option would be for the owner to agree that he would come back to the Council for their approval on any other M-2 use in the building to make sure that it was in harmony with the recreational use.
Mr. Kramer stated if they would come back with a M-2 user, they would build a cinder block wall that forces separation.

Mayor McArthur asked if they were willing to build a block wall for the indoor soccer field.

Mr. Kramer said they would if they were asking to share the building with a M-2 user. He said currently there is no one else in the building.

City Attorney Shawn Guzman explained that right now the owner would be able to use the building for any M-2 use. He clarified that what they were saying was that Mr. Kramer, in order to get the Conditional Use Permit for the recreational use, would be willing to come back for Council approval on any other M-2 use in the rest of the building.

Mr. Kramer agreed to do that. He stated they would be coming back to the Council within 30 days to request a zone change.

Council Member Bunker asked Mr. Kramer if he would be willing to sign an agreement that stated he would come back to the Council for any other use of the building.


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Mr. Kramer said he would sign an agreement.

MOTION: A motion was made by Council Member Bunker to approve the request for the Conditional Use Permit for the indoor soccer field with the conditions recommended by the Planning Commission and with the understanding the Mr. Kramer would sign an agreement that stated he would come back to the Council for their approval on any other use of the building.
SECOND: The motion was seconded by Council Member Almquist.

Council Member Almquist asked about the possibility of extending the closing hours for seniors.

Mayor McArthur said the Planning Commission recommended the closing hours. He
said they should stay with those hours to see about compatibility with the neighbors.

Council Member Bunker said she agreed with that.

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

BUILDING DESIGN CONCEPTUAL SITE PLAN:
City Planner Ray Snyder advised that this was a building design and conceptual site plan to construct a commercial shopping center with four buildings. The total aggregate footprint for all buildings would be approximately 25,760 square feet. The first phase would be the construction of a one story 12,500 square foot building for use as an automotive parts store called Carquest. Building 2 would be a restaurant and buildings 3 and 4 would be retail. The owner is Mr. Ivan Cannon and the representative is Pope Engineering. It is located at the intersection of Sunset Boulevard and 2100 West Street and is zoned C-3. Mr. Snyder said the property was between Lin?s Market and Mountain America Credit Union. He stated there is a residential neighborhood adjacent to the north. The original site plan was presented to the Planning Commission in February and he wanted to show the Council some before and after pictures in order to show them some of the issues. He referred to a rendering on the screen of what the proposed building would look like. He said there was concern about cross access and stated that the Council would be able to look at that because as each of the other buildings were built they would come back for design review. Another issue that came up at the Planning Commission concerned the requirement that there had to be a solid block wall between a commercial building and a residential area. He explained there were some gaps on the property and the owner was aware that in order for this to be approved they would have to put walls in any gaps and existing wood walls would have to be replaced with block. The Planning Commission had concerns about the new walls matching existing walls. They talked about architectural relief like pop outs and earth tone colors. Mr. Snyder stated the Planning Commission recommended approval with the following conditions:

1. The building colors and materials shall be per April 8, 2008 submittal to Planning Commission.

2. Building No. 1 height is approved not to exceed thirty-five feet. Any buildings exceeding thirty-five feet shall require a conditional use permit.

3. A continuous concrete block wall shall separate the residential zone. Existing gaps in wall shall be constructed to match existing block wall sections. Existing wooden fencing shall be replaced with block. Coordinate with neighbors.

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4. Parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review process. Parking spaces shall be 9? x 18? in size with 25? wide drive aisles minimum.

5. The parking stalls in front of the building shall be constructed with a concrete apron and be capable of being pressure washing (The PC was concerned that any servicing of vehicles that might occur in front of the building would result in oil and grease deposits and deteriorated asphalt).

6. A SPR (Site Plan Review) application along with 4 sets of plans shall be submitted to the Development Services Dept. for standard plan check review.
a. Screen all HVAC equipment from view. Note: The PC specifically conditioned that a parapet wall shall be installed on the roof to screen all equipment from view from Sunset Boulevard.
b. Provide a photometric plan.
i. Pole lighting shall be of a ?dark sky? style with no lens protruding below the side perimeter of the fixture.
ii. The light levels are to be verified by a light meter prior to occupancy.

7. Signage shall be under separate permit.

8. Approval is given for building No. 1 only; each successive building will require future design review by the Planning Commission.

Traffic Conditions

1. Meet the requirements of the City Traffic Engineer.

2. Meet the requirements of the State of Utah Department of Transportation (UDOT).

3. All signing and striping shall conform to the City of St. George and MUTCD standards.

Council Member Shakespeare said on one part of the wall there looks like there is a gate coming from someone?s home. She wanted to know what it was for. She agreed with the Planning Commission that it needs to look nice when it?s done.
Council Member Almquist referred to the building on the right and stated he was concerned about the rear elevation facing Sunset. He said that the picture in the packet showed the back of the building as one large blank wall with no characteristic to it.

City Planner Ray Snyder said they had added a little pop out relief to the back of the building. He stated that they had gone through a couple of reviews and had asked the owner to make some changes which they had.

Mr. Spencer Willard, a representative for the owner, advised that one problem was that the elevation goes from about 6 feet to 18 feet between 2 pads. He said most of the building Council Member Almquist was concerned about would be blocked by the elevation difference. He stated that they did accommodate staff by adding stucco foam pop outs to relieve some of the monotony of the wall. They had a nice cornice line across the top that comes out about 24? ? 30? to create an architectural feature that they are hoping to develop for the rest of the site with the additional buildings.

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Council Member Bunker stated that she liked the colors they were purposing for the buildings.

Council Member Shakespeare Gloria asked Mr. Willard what their plans were for the wall around the property.

Mr. Willard stated that between their property and the residential area they were planning on a block wall that would be incorporated into the existing wall. He said they are pursuing a shared access and he wanted the wall to look good when people drive by.

Council Member Shakespeare asked if they could require that the wall be stucco so it would blend with the building.

City Manager Gary Esplin said because it was over 25,000 square feet they could ask the owners to have the wall blend in.

Council Member Allen asked if they were requesting the applicant to stucco all of the wall. City Planner Ray Snyder advised that the applicant was being asked to have the wall look consistent whether that was stucco or painted or gray block.

MOTION: Council Member Almquist made a motion to approve the building design conceptual site plan for Carquest with the recommendations made by the Planning Commission and to require that the wall color match the building.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Allen asked for clarification about the parts of the wall that already exist.

Council Member Shakespeare said they could stucco over the old wall to make it match the new wall.

Mr. Willard said that their plan was to incorporate the new wall with the existing wall by filling in the gaps and replacing the wood with block. Mr. Willard explained that they don?t own all of the wall.

City Attorney Shawn Guzman asked Mr. Willard if they could paint or stucco the wall. He said they must have cooperation with the owners of the wall that?s already there since they are proposing to fill in the gaps. He said if the wall was on the applicant?s property then they could paint it. If the wall wasn?t on the applicant?s property then they could get permission from the adjacent owners to paint it.

Mayor McArthur stated they could double the wall or get permission to paint it so it would match.

Mr. Willard agreed that would be their two options.

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






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CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a 100' tall monopole and related equipment shelter for telecommunication services at 1087 East Commerce Drive within the Ft. Pierce Industrial Park. ALLTEL Communications, applicant.

City Planner Ray Snyder said the item had been carried over from last City Council meeting so the owner could be present. He explained that there was a lightning rod on top of the pole which brought the height to 107?. The Planning Commission approved the lightening rod but recommended the overall height not to exceed 100?. Mr. Snyder stated the pole had been shortened to meet the recommendation of the Planning Commission.

MOTION: Council Member Shakespeare made a motion to approve the conditional use permit with the recommendations made by the Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Bunker asked what color the pole would be painted.

Mayor McArthur said they wouldn?t want the pole to be painted a shiny silver.

Ms. Belinda Bodie, representative for ALLTEL Communications, said the poles are normally painted a galvanized steel color but it could be painted differently to blend in with the site. She said they could do a dull gray or earth tones.

Council Member Bunker stated she thought the dull gray would blend in better with the sky and the atmosphere.

AMENDED MOTION: Council Member Shakespeare amended her motion to include the pole be painted a non-reflective mat gray.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Almquist asked who was in the existing building located on Commerce Drive.

Ms. Bodie stated that the owner was Sage Investments but didn?t know who the tenant was.

Council Member Almquist asked Ms. Bodie about the engineering that placed the pole at that height and at that location for the coverage area.

Ms. Bodie stated they were trying to provide coverage not only to the Industrial Park but also to the east area of St. George. She said they looked at the typography and in order to meet the coverage areas decided on the height.

VOTE: Mayor McArthur called for a vote and the vote was as follows:

Council Member Bunker, aye
Council Member Allen, aye
Council Member Shakespeare, aye
Council Member Almquist, nay

The motion carried.
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April 17, 2008
Page Twenty Four

BILLING POLICY UPDATE:
Consider approval of an update to billing policy 10.87.87 with respect to late fees.

City Manager Gary Esplin advised that this was necessary to allow the Finance Director and City Treasurer to have some discretion in dealing with late fees and shutting services off. He said the Water and Power Board reviewed the update and recommended approval.

Council Member Bunker asked how people are advised that their bill is late and that their service will be shut off. She wanted to know if it was only through the mail.

Mayor McArthur said the City had one of the most lenient policies when it comes to late fees and shutting off services. He said that it?s usually 3 months before the services are shut off.

City Manager Gary Esplin said in addition to notices being mailed, there are notices hung on the customer?s door.

Deanna Brklacich, Manager of Financial Planning and Budget, explained that there was one warning notice on the first late bill, a second notice on the second late bill and that a third notice was mailed separately. She said they don?t generally hang notices on the door.

Council Member Bunker asked how we let people know that even if there is a dispute they need to pay their bill in order to avoid late fee.

City Manager Gary Esplin explained that when they contact the Finance Department they are told that their appeal will be taken to the next step but they need to pay the bill in the mean time.

Council Member Bunker stated the policy was very informational and wanted to know if it was online so that it could be accessed.

Ms. Brklacich, Manager of Financial Planning and Budget, advised that the policy was online.

MOTION: A motion was made by Council Member Almquist to approve the update.
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 UDOT Aeronautics Cooperative Agency Agreement for Airport Grant #3-40-0060-08.

City Manager Gary Esplin explained that UDOT funnels all of the federal money allocated for the new airport through a grant agreement with the State of Utah. He said the City had to have the agreement in order to get the latest grant.

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

AGREEMENT:
Consider approval of an easement agreement with the Seegmiller family.

City Manager Gary Esplin explained that the Seegmiller family agreed to an easement for water, sewer and half of a road on their property in Little Valley. He said the easement is needed for a water line for the new airport.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the Dixie Fiesta at Worthen Park.

City Manager Gary Esplin explained that the request was for an event called ?Dixie Fiesta?. He said they had the event last year and that it would be held on June 7, 2008 at Worthen Park.

Mr. Kevin Jenkins, said he was with El Sol newspaper. He stated that last year they had a successful event with a business expo as well as multicultural entertainment.

Council Member Allen asked Mr. Jenkins what kind of activities would take place.

Mr. Jenkins explained that it would be similar to other business expo events but on a smaller scale. He said the businesses have ties to the Hispanic community. They would have an opportunity to present themselves to those who attended the event. He said there would be some entertainment events, dancing, music, and art displays.

Ms. Gloria Bertram, Human Resources Director for the Spectrum, stated they are requesting that the City of St. George sponsor the event. In addition to the mini business expo, they would be promoting the cultural attributions of the Latino community in the region. They contacted the University of Utah and they have a photo history of Latinos in Utah and have allowed them to copy six of the photos to have at ?Dixie Fiesta?. She said the full exhibit would be at the Art Gallery in Dixie College at the same time as their event. They also have a Latino sculptor who lives in Washington County bringing some of
his work to the event and there would be a native folkloric attire display that will show dresses from the different countries in Latin America.

Mayor McArthur asked Ms. Bertram what would be involved if the City would agree to sponsor the event.

Ms. Bertram replied that it would mean the City would waive the fee for the use of Worthen Park. She explained they would include the City as a sponsor along with the Spectrum and El Sol in all of their advertisements for the event.
Council Member Bunker stated that she attended the event last year and that it was great. She enjoyed learning more about the culture and the entertainment was very good.



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Page Twenty Six

MOTION: A motion was made by Council Member Bunker to approve the special event permit and to be a sponsor for ?Dixie Fiesta.?
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held March 27, 2008.

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

Consider approval of the minutes of the City Council work meeting held April 2, 2008.

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

Consider approval of the minutes of the City Council work meeting held April 3, 2008.

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

ADJOURN TO EXECUTIVE SESSION:

MOTION: A motion was made by Council Member Allen to adjourn to an executive session to discuss a property purchase and litigation.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:

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

The meeting adjourned at 8:10 p.m.


St. George City Council Minutes
April 17, 2008
Page Twenty Seven




______________________________ __________________________
Judith Mayfield, Deputy City Recorder Date