City Council Minutes

Thursday, August 7,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 7, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Suzanne Allen
Council Member Gil Almquist
Council Member Jon Pike
Council Member Gail Bunker
Council Member Gloria Shakespeare
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur

OPENING:
Mayor Pro Tem Allen called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Council Member Shakespeare and the invocation was offered by Pastor Jimi Kestin. Mayor Pro Tem Allen invited several Scouts in the audience to introduce themselves.

Deborah Reeder, St. George Art Museum Curator, announced the St. George Art Museum has been asked to help celebrate Zion Park?s Centennial by partnering with Zion National Park to create a commemorative exhibit which will be exhibited August 25, 2008 through January 24, 2009 at the St. George Art Museum. She invited everyone to attend the exhibit.

Rocco DeVilliers, Director and Producer of the Fly Boys movie, announced there would be a special sneak preview of the movie held tonight, with a premiere August 14 at Stadium 10.

Council Member Pike advised he received an e-mail today advising that the St. George statistical area was named the second best place to do business in the nation by Inc. Magazine.

APPROVAL OF CONTRACT:
Consider continuation of the contract with E&M Services for the SCADA expansion project.

Purchasing Manager Connie Hood advised staff recommends continuation of the contract with E&M Services in the amount of $157,500 for the next fiscal year.

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

AWARD OF BID:
Consider award of bid for the Highland Drive and Industrial Road fenced enclosure.

Purchasing Manager Connie Hood explained that in addition to the fencing, an electric card reader will be installed at the gate. She recommended award of the bid to the low bidder, Kirkland Fence, in the amount of $36,796.

City Manager Gary Esplin commented that this project has been in the budget for a number of years and is a critical part of cleaning up the industrial park. The City owns the subject site jointly with the State and it will provide a place for trucks to park so they do not have to park on City streets. The bid is higher than anticipated because of the card reader, but this cost will be defrayed by selling parking permits. Trucks will be
allowed to park on a monthly basis, but business cannot be conducted there. He
explained that parking spaces will be marked and a sign will provide contact information.



St. George City Council Minutes
August 7, 2008
Page Two

Support Services Manger Marc Mortensen advised staff is still working on the use policy and it will be brought to the City Council for adoption prior to completion of construction, which will begin right away. He explained that over the years the site has been improved with road base and is ready for construction.

City Manager Gary Esplin commented it is anticipated the site will be used for parking purposes for the foreseeable future.

Mr. Mortensen commented staff wants to make sure the site does not turn into a storage yard for campers, motorcycles and inoperable vehicles. It will be for the private contractor truck driver while he is at home in St. George. The site will accommodate 40-50 trucks.

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

AWARD OF BID:
Consider award of bid for asphalt, concrete, sand and gravel.

Purchasing Manager Connie Hood explained this is an annual blanket award. Four bids were received. Western Rock is the only bidder on the asphalt portion of the bid, and Sunroc bid mostly on the road base. She recommended a split award to Western Rock in the amount of $200,000 and Sunroc in the amount of $100,000.

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

APPROVAL OF CONTRACT:
Consider approval of a professional services contract with Rosenberg Associates for mapping and grading plan technical services work for the Millcreek plant.

Purchasing Manager Connie Hood explained the contract is in the amount of $15,000.

City Manager Gary Esplin commented the contract is needed for expansion of the Millcreek generating facility. Mapping is needed due to flood plain issues.

Energy Services Director Phil Solomon explained the City is making payments toward purchase of the turbine. Construction will begin in March, 2008 and finish in May, 2010. The turbine will not arrive until September, 2009.

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

APPROVAL OF CONTRACT:
Consider approval of the annual O&M service contract with GE International for the Millcreek plant.

Purchasing Manager Connie Hood explained this service in the amount of $450,000 is part of a three year contract with GE international.

City Manager Gary Esplin explained it is money well spent based on the first year of operation. A cost analysis was done and the City will get the most for its money using the same company for maintenance that makes the turbine.

St. George City Council Minutes
August 7, 2008
Page Three

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

AWARD OF BID:
Consider award of bid for traffic paint.

Purchasing Manager Connie Hood recommended award of the bid to Ennis Paint who holds the Utah UDOT contract for traffic paint in the amount of $27,772.50. She advised that the streets are striped twice a year.

MOTION: A motion was made by Council Member Pike to award the bid as recommended.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Almquist inquired of staff if they had researched applying a resin over the paint to make it last longer.

Ms. Hood replied that this was discussed with the Street Superintendent Randy Halverson who will obtain samples to try.

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

AWARD OF BID:
Consider award of bid for the tamarisk removal project.

Purchasing Manager Connie Hood explained nine bids were received for this annual project of 100 acres. The low bid was submitted by Chamberlain Stone in the amount of $34,000.

City Manager Gary Esplin explained that areas dense with tamarisk were specified in the bid proposal. Staff recommends that up to $48,500 be approved in order to get it done more quickly. A presentation from the tamarisk removal committee will be made at the next work meeting on the tamarisk-eating beetle and removal of the dead trees.

Council Member Almquist commented that some residents have individual tamarisk in their backyards and are wondering where they can haul it to dispose of it. The Reuse Center does not accept tamarisk and the landfill does not want them as they are not suitable for mulching. He inquired if there was a place at the Reuse Center where they could be accepted and chipped separately so that citizens would have a place to take them.

City Manager Gary Esplin replied that this issue will be addressed next week at the work meeting. He then explained the use of the bark beetle.

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

AWARD OF BID:
Consider award of bid for a generator step-up transformer for the Millcreek expansion project.

Purchasing Manager Connie Hood advised that ten bids were received. After evaluation of the bid including the life cycle cost and warranties, it is recommended the bid be awarded to Delta Star in the amount of $1,187,813. The engineer?s estimate was $1,250,000.

MOTION: A motion was made by Council Member Shakespeare to award the bid as recommended.

St. George City Council Minutes
August 7, 2008
Page Four

SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order for The Fields Phase 2 design-build restroom.

Purchasing Manager Connie Hood recommended approval of a change order with Red Canyon Contractors in an amount not to exceed $220,000 on a cost plus 15% basis.

City Manager Gary Esplin explained this is for the soccer complex, and staff felt it would be best to use the contractor already on site as this is the most cost effective.

Council Member Bunker inquired if the cost was less than for a prefab building.

Millie Cockerill replied that the cost was less than prefab.

Council Member Bunker commented studies have indicated that more restroom stalls should be provided for women than men. She inquired why there was an equal number of stalls for men and women.

Leisure Services Director Kent Perkins replied there are two family units as well as men?s and women?s sides.

MOTION: A motion was made by Council Member Bunker to award the bid with the idea that staff will consider having more restroom stalls for women than men.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that the restrooms were removed from the original bid and kept as a contingency. Under the City?s purchasing program, the City Manager is authorized to approve a change order up to $50,000, and he approved one in the amount of $46,000 as part of this same project for sidewalk along the unimproved area so children can walk safely without going into the road.

Council Member Almquist inquired what kind of fixtures would be used in the restrooms because of recent vandalism.

Millie Cockerill replied that stainless steel sinks and mirrors will be used. Each item purchased will be vandalism resistant. The building will have six stalls on each side plus two family units. The doors will have electronic locks on timers and will be heavy duty steel gauge doors.

BEER LICENSE PROXIMITY VARIANCE:
Consider approval of a beer license proximity variance for a restaurant located at 1495 South Black Ridge Drive. Haven Great American Cuisine, applicant.

City Manager Gary Esplin advised there is a drug and alcohol treatment program within 600 feet of the restaurant and a proximity variance is needed. Staff cannot see any major problems, as the students in the treatment program are watched at all times.
Staff recommends approval.

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




St. George City Council Minutes
August 7, 2008
Page Five

BEER LICENSE PROXIMITY VARIANCE:
Consider approval of a beer license proximity variance for a restaurant located at 1234 West Sunset Blvd. #16. La Soiree Dining Experience dba Anasazi Steakhouse, applicant.

City Manager Gary Esplin explained the restaurant is ten feet shy of the necessary footage from a treatment center. Staff recommends approval.

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

FREE ADMISSION TO DINOSAUR MUSEUM:
Consider approval of a request for free admission to the Dinosaur Museum. CASA, applicant.

City Manager Gary Esplin explained the request is for waiver of the admission fee for approximately 50 children and volunteers in the CASA program. He commented that while this request would be worthwhile, the City Council will have to consider where to draw the line in the future in allowing others free admission to the museum.

Council Member Bunker advised that the Museum Advisory Board grappled with this request initially, as there are specific O&M costs, and it is difficult to know where to draw the line with requests of this type. The museum allows each Washington County School District class to visit once a year for free, and perhaps this would be a good solution for this request.

MOTION: A motion was made by Council Member Bunker to allow CASA a free pass to the dinosaur museum once a year for its students and volunteers.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AIRPORT MINIMUM STANDARDS:
Consider approval of Replacement Airport minimum commercial standards, building standards and rules and regulations.

This item was tabled.

AGREEMENT:
Consider approval of an agreement with the LDS Church for abandonment of part of the Gunlock Reservoir water and power easement.

City Manager Gary Esplin explained when the Gunlock Reservoir was built and water piped to St. George, the pipe ran through the Santa Clara Heights area before it was built. The line has since been moved and placed in the right-of-way. This has resulted in an unnecessary easement through LDS Church property. The LDS Church has agreed to remove the pipe in the ground, which contains asbestos and since the City has employees trained in handling of asbestos, City staff will help with the removal and disposal of the pipe.

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

AGREEMENT:
Consider approval of a professional services agreement with Lewis Young for a business license and inspection fee for apartments and multi-family units study.


St. George City Council Minutes
August 7, 2008
Page Six

City Manager Gary Esplin recommended approval of an agreement with Lewis Young to do a study of business licenses and rental units under a new law passed by the Utah legislature. Lewis Young has done several studies for other cities and staff is confident in their abilities. The cost is $15,000.

MOTION: A motion was made by Council Member Bunker to approve the agreement.
SECOND: The motion was seconded by Council Member Pike, who commented that the cost of Option 1 is $15,500 and Option 2 is $26,750.

AMENDED MOTION: Council Member Bunker amended her motion to approve the agreement in the amount of $26,750.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING:
Public hearing on the draft Consolidated Annual Performance Evaluation Report (CAPER) for program year 2007-2008 under the federal CDBG program.

David Bates advised that $471,000 was spent over the last program year.

Mayor Pro Tem Allen opened the public hearing. There being no public comment, she closed the public hearing.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of an amended final plat for the Villas at Hidden Valley Amended and Extended located in the Hidden Valley development at approximately 650 East and 3370 South. Jim Raines, agent.

Todd Jacobsen explained the purpose of the plat is to eliminate a triplex and replace it with a duplex. Private and common area boundaries were modified as well. The Planning Commission recommends approval.

Mayor Pro Tem Allen opened the public hearing.

Zachary Renstrom, representing Jim Raines, advised that duplexes sell better and are more aesthetically pleasing.

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

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change request from R-1-10 to PD Residential on 12.3 acres located northwesterly of the proposed intersection of Lago Vista Drive and Plantations Drive. Investors Group of Las Vegas, applicant.

City Manager Gary Esplin explained this zone change is for the first project area in the Lakes project in Green Valley.

Craig Harvey advised a general plan amendment for this property took place in October, 2006. It is the first planning area to be developed. There will be nine buildings of high density residential - five three story buildings and four two story buildings, a clubhouse, and pool. There will be 184 total units for a total of 15 units per acre with two parking spaces per unit for a total of 368 required parking spaces. The applicant will provide 376 parking spaces. 223 of the parking spaces will be covered. Total landscaped area is 230,300 sq. ft. which is 43% of the property. All interior drives will be private streets. The site is within the hillside overlay zone, and the permit will accompany the preliminary plat. Staff recommends approval subject to 12 conditions:

St. George City Council Minutes
August 7, 2008
Page Seven

1. A development agreement.
2. A written narrative by the developer explaining the rationale for privacy gates must be included in the preliminary plat review and is subject to City Council approval.
3. The maximum building height for Pod 17 will not exceed 40' to the top of the ridge.
4. The traffic study be updated.
5. A hillside development permit is required.
6. The proposed recreation area will constitute 208.5 sq. ft. per unit.
7. The preliminary and final plats will be reviewed by the Planning Commission and City Council.
8. 6' privacy block walls or solid fencing is permitted provided they are set back a minimum of 10' from the sidewalk and reduced in height to 3' at drive entrances.
9. Storm drain design is subject to engineering review and approval.
10. A HOA will be established.
11. Landscaping will be as shown and maintained by the HOA.
12. Community parks are part of the Lakes master plan.

Mr. Harvey advised that the project has three private gates. The Planning Commission recommends approval subject to staff?s recommendations.

Council Member Bunker inquired about privacy wall landscaping.

Rick Rosenberg replied there would be landscaping both inside and outside the privacy fences.

Council Member Bunker inquired about night lighting.

Mr. Rosenberg replied that inside project lighting will directional. Outside lighting will comply with the City?s light standards.

Council Member Shakespeare inquired if other parts of the Lakes project will require a zone change from low density residential to high density residential.

Mr. Rosenberg replied that they would.

City Manager Gary Esplin commented that the master plan for the project has already been approved, and each section will be brought in separately for a zone change.

Mr. Rosenberg advised that the project is master planned for different levels of density.

Council Member Shakespeare inquired about guest parking.

Mr. Rosenberg replied there are eight additional parking spaces for guests in addition to the required two per unit, and there are handicapped stalls.

Council Member Shakespeare questioned the adequacy of only eight additional stalls.

Mr. Rosenberg replied the project has been laid out to maximize parking without cutting into the greenscape. Some units have only one bedroom. Parking meets and exceeds City requirements.

Council Member Almquist asked Mr. Rosenberg to address the sloped corner area of the project.

Mr. Rosenberg replied that all disturbed areas will be re-landscaped to blend into the project landscaping. The intent is to preserve the natural unique and pristine canyons.

Mayor Pro Tem Allen opened the public hearing. There being no public comment, she closed the public hearing.

City Manager Gary Esplin commented that when the project was master planned, the high density residential was moved to the west to accommodate the concerns of nearby


St. George City Council Minutes
August 7, 2008
page Eight

residents. Under a development agreement, the applicant has committed that the height of adjacent units will be the same height as the Cottages.

Mayor Pro Tem Allen commented it was important to remember that this property was originally zoned R-1-10 as a holding zone.

Council Member Bunker commented she would never approve a gated community unless there was a very good reason for doing so. There are three reasons for requesting a gated community - prestige, lifestyle and security. National studies have proven that security is not a good reason for a gated community as it does not keep out the hardened criminals nor forestall problems within the community itself. A gated community takes away from a community feel and is prestige driven. She commented she was very much against gated communities.

City Manager Gary Esplin commented that staff supports this position, and has denied several other requests for gated communities prior to this request. He stated the applicant will have an opportunity to show why the community should be gated during the platting process.

MOTION: A motion was made by Council Member Almquist to approve the zone change by ordinance subject to the conditions outlined by staff.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:

Council Member Almquist - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Bunker - aye
Mayor Pro Tem Allen - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map by changing the land use designation from Open Space/Flood Plain to Medium Density Residential on 25 acres located on the south side of Riverside Drive at about 1900 East. Rich Lewis and Rick Wood, applicants.

Community Development Director Bob Nicholson explained the preliminary plat for the Palomar Subdivision was previously approved. This is a 76 lot single family subdivision zoned R-1-8. The applicants began development and underground utilities are in place. The project has now been put on hold pending the outcome of this request. The subject site is designated as Open Space because most of it is in the flood plain. However, this property is up above the river and not within the 100 year floodplain. The applicants request medium density, up to nine units per acre, for an assisted living facility. The goal is to get the general plan in place and then zone for assisted living. The purpose of the general plan is to guide zoning decisions. There are existing high density projects in the area and two more approved but not yet built. There are 635 dwelling units in the area. The Planning Commission recommends approval.

Council Member Bunker commented that homes above the Santa Clara River were not within the 100 year floodplain either, but were undermined by the flood. She inquired if this could be a possibility with this project.

Mr. Nicholson replied that the site has rock around it and most areas which erode are much softer.

City Manager Gary Esplin advised the subdivision has already been approved as far as zoning, and perhaps a geological study is needed to determine whether the site is stable. However, it is high and there is a lot more rock than along the Santa Clara River flood site.

Mr. Nicholson commented he thought the site was pretty stable as it is mostly rock-faced and probably not susceptible to erosion.

St. George City Council Minutes
August 7, 2008
Page Nine

City Manager Gary Esplin commented that the property to the west of the site is owned by the City, and the site otherwise is totally surrounded. The medium density land use designation will not sprawl anywhere because there is nowhere for it to go. This site is
a good spot for this type of use. The applicants will have to come in at a later date for a zone change for this specific site.

Council Member Shakespeare inquired what would guarantee this exact use if the general plan were changed to medium density.

City Manager Gary Esplin replied that the City Council cannot approve a master plan amendment based on what the applicant says they are going to do with the site. The applicant will have to come back for a zone change if the master plan is changed to medium density. Amending the master plan, however, creates opportunities for other types of medium density uses. He commented that the City Council should not be debating uses at this time, only amendment of the general plan and if the general use is appropriate for the area.

Council Member Almquist commented that the proposed project would be a nice thing to have there relative to traffic.

Mayor Pro Tem Allen opened the public hearing.

Jared Poulsen of Richardson Design Partnership advised his firm is working with this design within all City regulations. The project was approved one year ago for 76 single family units, but because of the changing market, a change in use is proposed. The proposal is not an assisted living center, but an aging-in-place project for independent living. Each unit will be separate but a level of care will be provided while living in a normal subdivision. The project is 40 feet above the flood zone and uses a cluster design. He then reviewed the plan for the facility.

Richard Schlander advised there is a lack of aging-in-place facilities in St. George and he was confident the project would be a success here.

Mr. Poulsen clarified that the request is for a land use designation from Open Space to Medium Density Residential which is an extension of what exists above the site. It is recommended for approval by the Planning Commission and City staff.

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

Council Member Almquist inquired if the trail off the south end of the project which links with the City trail would meet ADA standards.

Mr. Pulsen replied that it would meet ADA standards. Design of the buildings and details of the landscaping treatment will be addressed at the time of the zone change. The project will not be gated.

Council Member Bunker commented she was still hung up on the flood line and how the homes in Green Valley were undermined by flood waters.

City Manager Gary Esplin advised the flood damage was caused by erosion and he did not think this piece of property could be eroded as it is solid rock. However, the applicants will have to show there will be no erosion problems when they come in for a zone change.

MOTION: A motion was made by Council Member Bunker to approve the general plan amendment.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Pike - aye
Mayor Pro Tem Allen - aye

St. George City Council Minutes
August 7, 2008
Page Ten

The vote was unanimous and the motion carried.

Mayor Pro Tem allen called for a five minute break. Upon conclusion of the break, the meeting continued.
PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment to Title 10, Chapter 25, St. George City Code, with regard to landscaping standards.

Community Development Director Bob Nicholson presented changes to the landscaping ordinance as requested at the last City Council meeting. He then reviewed the proposed changes. He clarified the landscaping ordinance pertains only to commercial and multi-family zones at this time.

Council Member Almquist suggested the word ?lawn? or ?grass? be inserted in front of spray heads in Section 10-25-3 B.5.

Mr. Nicholson advised he would insert the word ?turf?.

Council Member Almquist suggested the requirement that a backflow device must be tested in accordance with and meet all City standards be added to the ordinance. He inquired about a requirement that a tree be replaced if it is removed from an approved landscaping plan.

City Attorney Shawn Guzman advised that if a landscaping plan is approved, the plan must be adhered to and the City can require the planting of a tree to replace the one removed.

City Manager Gary Esplin advised that staff has expressed concern with people who are concreting their front yards and parking in this space. Landscaping requirements in single family zones should be discussed to prevent this from happening.

Council Member Bunker commented she did not think landscaping standards in single family residential zones was going to be discussed at this time and she felt more discussion was needed before approval. Council Member Pike agreed.

Council Member Almquist commented that in communities all over the United States residents cannot move into their homes until the front and back have been landscaped completely. He commented it was a shame that government would have to make someone do this. He commented he realized this would be onerous for people who can?t afford it, but he wished everyone would take responsibility for their own yards and clean them up.

Council Member Allen commented she hated to see government impose landscaping standards on single family homes, but she will never forget the gravel yards painted green in Phoenix. She stated removing all grass to replace it with rock raises the temperature and creates heat islands.

Council Member Almquist commented he would support the landscaping requirement in single family zones if it read that at least one-half of the front yard shall not be concrete.

Council Member Pike commented he felt the Council had already decided not to address single family zones at this time and he was not prepared to do so.

Council Member Shakespeare commented that in the meantime people will turn their front yards into concrete yards.

City Manager Gary Esplin commented that multi-family zones are covered by the new landscaping standards.

Council Member Shakespeare commented that single family homes are the problem and there is nothing to protect against this while the City is getting its act together.


St. George City Council Minutes
August 7, 2008
Page Eleven

City Attorney Shawn Guzman commented that there is already something in place which prohibits more than 50% of the width of the lot be cement. He advised that if the City Council chooses to do something that governed the amount of hard surface in a yard, he recommended it not be in the landscape ordinance but in the zoning ordinance.

City Manager Gary Esplin advised that staff would come back with something in the interim.

Council Member Bunker commented she would like to discuss incentives rather than an ordinance requirement.

Mayor Pro Tem Allen opened the public hearing.

Carol Sapp, Executive Officer of the Southern Utah Homebuilders Association, commented there was no rational nexus to the target and she suggested the monetary value be deleted as a trigger. She suggested the trigger be if the footprint of a building is changed or square footage is added.

Dan Steurer recommended proceeding slowly with regard to single family regulations and that HOAs are more effective at enforcement of landscaping standards than the City.

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

Council Member Almquist suggested the definition of street tree be looked at.

Council Member Bunker inquired about Ms. Sapp?s suggestion that the $50,000 dollar amount be removed as a trigger.

Community Development Director Bob Nicholson commented that sometimes a major remodel is done without changing the footprint, and the ordinance says the City would have a right to look at this. There is still a provision that says the City Manager or his designee can grant the modification. Another suggestion is to base the trigger upon a remodel which affects the percentage value of the building proportionate to the size of the project.

City Manager Gary Esplin suggested a provision could be added that if staff feels the modification creates a significant impact, the matter can be brought to the City Council. He suggested the dollar amount trigger be removed.

Council Member Almquist commented that if a site has no landscaping, this ordinance is a chance to get some. Also, if someone is doing something to a building and ruins the landscaping, that should act as a trigger for enforcement of the ordinance. The trigger would be if landscaping is ruined, or if there is no landscaping, then some is needed.

City Manager Gary Esplin suggested the dollar amount be removed as a trigger but the other triggers be left in place, with staff instructed to administer the ordinance as suggested by Council Member Almquist. If no landscaping exists, staff would look at this to see if there is a possibility for some.

City Attorney Shawn Guzman recommended that the triggers be the same for both commercial and residential, which would be an increase in the footprint or a building permit. He clarified that the City Manager?s suggestion is for commercial only.

City Attorney Shawn Guzman clarified that only two major changes have been proposed - taking out the single family residential suggestions and dealing with the trigger.

MOTION: A motion was made by Council Member Bunker to approve the ordinance with deletion of Sec. 10-25-3 (A) (2) and (3) of the draft ordinance, and deletion of Section 10-25-6 of the draft ordinance.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows:



St. George City Council Minutes
August 7, 2008
Page Twelve

Council Member Bunker - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Mayor Pro Tem Allen - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held July 22, 2008, recommended that public hearings be scheduled for September 4, 2008 to consider (1) an amendment to the General Plan Land Use Map from Medium Density Residential to High Density Residential on 1.30 acres located at 600 South 850 East; (2) a zone change from R-3 to R-4 on 1.30 acres located at 600 South 850 East; and (3) a zone change from A-1, RE-12.5 and RE-20 to TND on 43 acres located at 2000 South 3000 East.

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

FINAL PLATS:
Todd Jacobsen advised that the Planning Commission, at its meeting held July 22, 2008, recommended approval of the final plat for The Lakes Record of Survey located west of the Sunbrook development containing 10 lots/pods with a total of 661.26 acres. The zone change for this project was heard tonight. The Planning Commission also recommended approval of the final plat for Riverside Towers Commercial Condominiums with six units on one lot located at the northwest corner of 270 East Street and 1400 South Street. The site is zoned C-3.

MOTION: A motion was made by Council Member Pike to approve the final plats.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.
BUILDING DESIGN/CONCEPTUAL SITE PLAN:
City Planner Ray Snyder advised that the Planning Commission, at its meeting held July 22, 2008, recommended approval of the building design and conceptual site plan for an automotive detail center at 150 West Hilton Drive. The owner is Stephen Wade and the representative is Reid Pope. The site is located in a PD Commercial zone. The building will be two stories with colors and materials to match adjacent buildings. There is an excess of parking spaces on site. The Planning Commission stipulated that the applicant shall designate and reserve 23 parking spaces on the site specifically for this building.

Bill Western, architect, explained that there could possibly be a sign on the upper level of the building which will be office space, and there may be directive signs on the building as well.

Mr. Snyder commented that signage shall be under a separate permit.

MOTION: A motion was made by Council Member Bunker to approve the building design and conceptual site plan subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of an agreement with Thayer Trust to purchase property and a four-plex for the Red Hills widening project.



St. George City Council Minutes
August 7, 2008
Page Thirteen

City Manager Gary Esplin advised the agreement is for purchase of property and a four-plex on Bluff Street by the pistol range which is needed for a trade for mitigation of improvements to the Red Hills Parkway. The agreement allows the current owner to maintain leasing of the property for a year until it is needed by the City.

MOTION: A motion was made by Council Member Pike to approve the agreement.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor Pro Tem Allen 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 July 10, 2008.

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

Consider approval of the minutes of the regular City Council meeting held July 17, 2008.

MOTION: A motion was made by Council Member Bunker 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.

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

Council Member Bunker - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Mayor Pro Tem Allen - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Almquist.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

AUTHORIZE MAYOR PRO TEM?S SIGNATURE:
MOTION: A motion was made by Council Member Almquist to authorize Mayor Pro Tem Allen to sign a document pertaining to purchase of Klein properties and Crimson Valley, et al.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried.

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

__________________________________
Gay Cragun, City Recorder