City Council Minutes

Thursday, May 7,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 7, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gil Almquist
Council Member Jon Pike
Council Member Gloria Shakespeare
Council Member Suzanne Allen
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Gail Bunker


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He announced that Council Member Allen was in transit from Salt Lake City, having had to attend a meeting on the City?s behalf, and would be arriving late. He announced that since there were only three Council Members present, any vote would have to be unanimous for a motion to pass. He advised that any applicant could remove his or her item from the agenda until there was a full quorum present if they so desired. Mayor McArthur then led the salute to the flag. The invocation was offered by Council Member Shakespeare.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming the month of May as Foster Care Month in the City. He then presented the proclamation to Debbie Hofheins. Ms. Hofheins explained that May is Foster Parent Appreciation Month as well as Foster Care Awareness Month. She requested permission to place a banner on the chain link fence at Bluff Street Park during the month of May to advertise Foster Care Month.

MOTION: A motion was made by Council Member Pike to allow placement of the banner as requested.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

Mayor McArthur displayed a certificate issued to Council Member Almquist by Washington County as a result of Council Member Almquist registering his business to use e-verify.

Council Member Almquist commented he felt it was important to set an example and use e-verify, as it is important to hire eligible workers.

RESOLUTION:
Consider approval of a resolution of the City Council of the City of St. George, Utah (the ?Issuer?), finalizing the terms and conditions of the issuance and sale by the Issuer of its Sales Tax Revenue and Refunding Bonds, Series 2009 in the aggregate principal amount of approximately $25,525,000 (the Series 2009 Bonds?); awarding and confirming the sale of said Series 2009 Bonds; authorizing the execution by the Issuer of a bond purchase agreement, an escrow agreement, a third supplemental indenture of trust, and other documents required in connection therewith; ratifying the preparation, distribution and use of a preliminary official statement and authorizing and approving a final official statement; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters.
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May 7, 2009
Page Two

City Manager Gary Esplin explained that for the last few months the City has been preparing to go to market with these bonds, and went into the market yesterday. Jason Burningham of Lewis Young and John Crandall of George K. Baum are here to explain the results. George K. Baum is the purchaser and underwriter of the bonds.

Jason Burningham explained in 2007 the City issued sales tax bonds to pay for necessary road improvements and other infrastructure. At that time it was thought the interest rate of 3.84% was low, but just two years later the interest rate is about a full percent lower for the all-inclusive costs. He distributed a pricing booklet which he then reviewed. He advised that $22,485,000 in bonds will be issued with a true interest cost of 2.75%, with total principal and interest then due at $26,300,000, as compared to $27,200,000, with a savings of over $900,000. The City will realize the bulk of the savings now in fiscal year 2009-2010. George K. Baum is the underwriter, and they have made a major commitment underwriting about 20% of the bonds and in essence have locked in the interest rates and purchased the bonds and will then have to try and sell them. This is a significant commitment from them which allowed the savings. The City also has a high credit rating of AA by Standard & Poore and AA- by Fitch. The AA rating saved a point which is a significant . Approval of the final bond resolution will lock in the interest rates and savings. The transaction is scheduled to close May 14 and the proceeds will be delivered at that time, the old bonds will be paid off, and exchanged with the new lower interest rate bonds.

John Crandall explained that the timing is now good and the City?s rating continues to increase. The financial health of the City has been recognized by the rating agencies. The City?s strong financial condition is due to prudent management practices. He then congratulated the City Council and management for placing the City in such a position thereby being able to receive such a high rating.

City Manager Gary Esplin recommended that the resolution be approved.

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

Council Member Almquist - aye
Council Member Pike - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

BID OPENING:
Consider approval of a construction contract to perform finish grading at the Replacement Airport.

Purchasing Manager Connie Hood explained that 13 bids were received and the top seven evaluated. She recommended award of the bid to the low bidder, Quality Excavation, in the amount of $2,887,629.80.

Airport Manager Rick Crosman explained Quality Excavation?s base bid was $2,887,629.80, but there was also an alternate bid and both total $4,098,102.80. The base bid covers the terminal building area excavation, with over-excavation of the terminal buildng and ARFF areas, the area west of the general aviation area, and south of the VSR area. The alternate bid includes additional grading in the FBO area, adding structural fill in the general aviation area and off the south end of the runway. He recommended approval of the base bid and alternate bid. He explained this will allow the ARFF area and terminal building area to be ready for the pads. The final grades in the FBO areas have not been determined and will not be determined until the FBOs are selected and staff can see what their structures will look like.


MOTION: A motion was made by Council Member Pike to award the base bid and alternate to Quality Excavation in the amount of 4,098,102.80.
SECOND: The motion was seconded by Council Member Almquist.
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May 7, 2009
Page Three

Mr. Crosman asked that the bid be awarded subject to legal review. He advised that construction of the terminal building can begin within 60 days and will be completed within 455 days.

Public Works Director Larry Bulloch advised that the total contract is for 150 days. The terminal pad will be ready by July.

VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Replacement Airport terminal building.

Purchasing Manager Connie Hood explained that 19 bids were received. After full review of the bids, it is recommended the bid be awarded to Westlund Construction in the amount of $5,526,000. They have a local office in St. George.

Airport Manager Rick Crosman explained that after due diligence studies, a background check and financial analysis of the company, it is recommended the bid be awarded to Westlund Construction. They have 38 subcontractors, 12 of whom are local. The spread was $1.3 million between the highest and lowest bids. $5,526,000 was the base bid and in addition there are nine alternates, for a recommended total of $6,129,791 for all nine alternates. The nine alternates are:

(1) baggage conveyor, $116,911

Council Member Allen arrived.

(2) inbound conveyor, $164,650
(3) emergency generator for the terminal building, $60,272
(4) digital HVAC, $24,609
(5) wood veneer upgrade, $76,191
(6) art glass, $30,036
(7) cable TV throughout the entire terminal, $28,541
(8) blended color for the HVAC system, $22,781
(9) sandstone for the exterior of the building, $79,800

City Manager Gary Esplin suggested the award of bid be made subject to review of all final documents by the City Attorney. He recommended the bid be awarded with all alternates.

MOTION: A motion was made by Council Member Almquist to award the bid to Westlund, including all nine alternates, resulting in a total bid of $6,129,791, and subject to legal review.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Almquist - aye
Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

CONTRACT:
Consider award of a contract with Desert Hills Construction for reconstruction of Blackridge Drive.
Mark Fonger, representing Desert Hills Construction, advised they have undertaken the project as the construction manager and general contractor, which gives them the right

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May 7, 2009
Page Four

to negotiate the project. They have been working with City staff and Rosenberg Associates to come up a plan for Blackridge Drive that will provide the City with a road that will last. A design for the project includes removing five feet of material from the asphalt down and bringing in new material that will minimize the amount of water that goes down through the road material and into the clay. Crushed road base will then be added, and then road base. The first phase will include placement of geogrid which helps give strength to a road. He advised they feel this is the best solution and would like to move forward as soon as possible. He explained they have identified the areas that have moved the most. The timeline is 70 days.

Public Works Director Larry Bulloch explained there will be no conflict for traffic during the road construction as traffic will be detoured into Hilton Drive. Mr. Bulloch advised that this phase of the project will include only from 250 West over the hill to the next street, consisting of 1100 feet. Another phase will be done later in the year. The project is being done in three phases because of funding.

City Manager Gary Esplin advised that the Hilton Drive project should be done before the second phase of Blackridge Drive is done.

Mr. Fonger explained that moisture entered the roadway through the failed asphalt. Rain ran down the curb into the road base. A vast majority of the water found was in the subgrade.

Council Member Almquist inquired where the geo grid would be placed.

Mr. Fonger replied it would be placed between types one and two of the road base.

Mayor McArthur inquired if there would be any problems with the crack between the curb and the asphalt.

Mr. Fonger replied that a crowned road of 4% will be maintained allowing water to move to the side more quickly. Leach rock will also be put in under the lip of the curb.

MOTION: A motion was made by Council Member Pike to approve the contract subject to legal review.
SECOND The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Allen - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

ANNOUNCEMENT:
Steve Bingham announcedd that the City was the successful bidder for the National Collegiate Championship for women?s fast pitch softball. This is the first of a three year bid. He introduced George Regopoulos, the City?s new softball coordinator.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Vista View Subdivision with 21 homes located at 1425 N. Dixie Downs Road in a Planned Development Residential zone. John Taylor and Terry Monson, applicants.

Jay Sandberg explained that this property was the former site of 25-26 mobile homes which have been moved. He displayed an overlay of the proposed subdivision. An existing driveway entered the property from Dixie Drive, but this has been abandoned and two drives now come from 1425 North and are connected by a fire lane. At the end of the fire lane there is some guest parking. The overall project is on 2.62 acres and the overall density is eight units per acre. There will be a total of 21 units and 17 of them are single family and four are twin homes. All are one story. The overall site will be lowered by about five feet but will still sit up a bit higher than the adjoining Vista Ridge subdivision. The units will have tile roofs and two car garages.

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May 7, 2009
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Terry Monson, one of the owners of the project, advised there will be a 6' block privacy wall. They are working with Vista Ridge to make sure the wall on the south will come down. He stated that they would give Vista Ridge as much privacy as they could.

Mayor McArthur inquired what changes have been made to the project to make it more presentable.

Mr. Monson replied that there were 27 mobile homes and now there will only be 21 units. The entrance has been moved off Dixie Downs Road to 1425 North, parking has been added, as well as a fire lane, driveways will be 20', and the units will be stucco with tile roofs. He stated he felt the project would be an improvement for the area.

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

Council Member Shakespeare commented the proposed project will improve the quality of life in the community, but she is concerned with three areas: the aesthetics of the project, the density, and parking. The City does not have an ordinance requiring guest parking. She expressed concern that the appearance of the units do not meet ihe intent of the general plan and do not create an aesthetically pleasing neighborhood. She expressed concern about the spacing of the units and that the units are only 29' wide. She commented that in essence all that is being done is building another trailer park with garages, and she worried about what would happen to the neighborhood in the years to come. She stated she would like to see the City sit down with the developer to lessen the number of units so that the end product will set an example for other projects of this kind.

Mayor McArthur advised that when the zone change was approved, there was 100% approval from the neighborhood for the project. The project is a definite improvement and meets the general plan. The Planning Commission also recommended approval unanimously.

Council Member Shakespeare commented she felt the neighborhood was comparing the proposed project to what was there before, and she is looking down the road and feels the plan can be made better and more aesthetically pleasing.

Council Member Allen inquired of Mr. Monson if there could be some two story units.

Mr. Monson replied that one of the objects of this project was to make it affordable, and two story units would not be the most feasible thing to do for this project as it would put the affordable housing numbers out of reach.

City Manager Gary Esplin advised that eight of the units will be eligible for median income guidelines for CDBG funds.

Mr. Monson advised that the goal is make most or all of the units that way.

Mayor McArthur commented that the units have to be owner-occupied and cannot be rental units.

Mr. Monson explained that the units will be from 1200 sq. ft. to 1318 sq. ft. The twin homes will be 1250 sq. ft.

Council Member Pike inquired of Mr. Monson if he thought there was a demand for these size units.

Mayor McArthur commented that Ence Homes was the first in the area to provide homes at affordable prices, and two of his children bought Ence homes. One of the homes was 1100 sq. ft. and the other was 1200 sq. ft., and these homes helped his kids get started.

City Manager Gary Esplin commented that the timing is critical as there are City incentives as well as State programs for first time buyers for which this project would qualify. He stated he wanted to clarify, however, that the development agreement has nothing to do with this, but only to the extent that the project conforms to the master

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May 7, 2009
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plan. The master plan designates the area for up to nine units per acre, and there is no required off-street parking.

Council Member Shakespeare commented she knew the project is in harmony with what is currently on the City books, but she hoped the developer would step up and help make the project better and more in harmony with the City?s vision. She commented all she could see is garage doors and the homes are 10' away from each other. There is no aesthetic beauty or charm to the project, and she feels the developer can do better.

City Manager Gary Esplin inquired how the City could penalize someone who has already been through the planning process and is vested in the project, as they have a legal right. He commented there is no CDBG money in the project; City housing funds were used to help buy and secure the property and to make certain at least eight of the units meet the income guidelines. He stated there are many people living in the same type of product all over town.

Council Member Almquist commented that one way to break up the look of nothing but garages is with proper plant material, especially trees. The Planning Commission previously suggested that a tree be required for every unit approved from here on out.

Council Member Allen inquired about a HOA and enforcement of CC&Rs.

Mr. Monson replied that enforcement is a challenge and they will be as stringent as the City thinks they need to be. He stated that a less dense project would be great, but they followed the City?s ordinance. He stated they had the support of all the neighbors.

City Manager Gary Esplin advised that the current agreement says that eight of the units will be owner-occupied. This needs to be amended to say that all 21 of the units will be owner-occupied and not rentals.

MOTION: A motion was made by Council Member Allen to approve the preliminary plat with all of the development agreement language and deed restrictions.

Council Member Pike inquired if the motion included a stipulation that approval be subject to legal review.

AMENDED MOTION: Council Member Allen amended her motion to include a provision that approval be subject to legal review and approval by the developer.
SECOND The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Allen - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that the Planning Commission will consider off-street parking requirements at their next meeting.

Community Development Director Bob Nicholson advised that the state law has changed and public hearings are no longer required on subdivisions unless changes to the recorded plat need to be made.

PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider an amendment to the City?s General Plan Land Use Map by changing the land use designation from Low Density Residential to Commercial for approximately two acres located at 1690 East Red Hills Parkway. Guy Jardine, applicant.



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May 7, 2009
Page Seven

City Planner Craig Harvey explained that the subject area includes four parcels. The current zoning is RE-12.5. The General Plan designates the area as low density residential. Mr. Jardine owns a solar power company and would like a demonstration site. Before he can use the site for this purpose it has to be rezoned C-2 or PD Commercial. Three of the four parcels contain single family homes. There are no plans
to change parcels 3 and 4 to commercial zoning at this time, but at some time in the future.

City Manager Gary Esplin commented that this item is just a general plan amendment and the property owners will have to make application for a zone change at some time in the future.

Guy Jardine commented that he owns parcels one and two and would like to clean up the corner.

Mr. Harvey advised that the Planning Commission unanimously recommended that all four parcels be included in the request and there was no discussion about leaving any out. There has been no opposition to the request.

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

City Attorney Shawn Guzman inquired why a general plan amendment was being done for a parcel. He inquired why it was not being done for the area in general.

City Manager Gary Esplin commented that the spirit and intent of the general plan land use map is to draw a bubble around the area being considered and not tie it to parcels.

MOTION: A motion was made by Council Member Pike to approve the general plan amendment by ordinance for the area of 1690 East Red Hills Parkway.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

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

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held April 28, 2009, recommended approval of the final plats for Tonaquint Valley Phase 2 and Sun River Phase 29. City Manager Gary Esplin recommended that Item 6C, a development agreement with Sun River, be approved before the final plat for Sun River is approved.

MOTION: A motion was made by Council Member Shakespeare to approve the final plat for Tonaquint Valley Phase 2.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Shakespeare - aye
Council Member Pike - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.




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May 7, 2009
Page Eight

AGREEMENT:
Consider approval of a development agreement to address the donation of land for a park and trail at Sun River.

City Manager Gary Esplin explained that this agreement will take care of the parks issue and donation of land and easements.

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

Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Allen - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
MOTION: A motion was made by Council Member Pike to approve the final plat for Sun River Phase 29.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Pike - aye
Council Member Almquist - aye
Council Member Allen - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to add a landscape rock sales yard to the existing nursery located at 1145 West Sunset Blvd. Star Nursery, Keena Tanner, applicant.

City Planner Ray Snyder reviewed the site plan and photos of the site. The Planning Commission expressed concern that the walls around the site were built for aesthetics and are not structurally sound nor meant to be load bearing. The Planning Commission recommended that the rock be stacked at least a foot away from the geneva block so it is not pressing up against the walls. The entrance off Sunset Blvd. is 28'. A landscape rock sales yard requires a conditional use permit. The applicant proposes to place a trailer on the site with a scale and rock bins. The Planning Commission recommended that an overhead irrigation system be installed to control dust. The trailer will have to meet the International Building Code. Several adjacent residents have expressed concern about dust and noise. The applicant has agreed that there will not be any employee noise before 7:00 a.m.

Cameron Cutler advised that he met with Paul Blackmore, the engineer for the project, and one of the issues which was analyzed was possible trip generation. It was determined that land use for a nursery garden center was equivalent to a rock yard, and it is hard to tell if there will be an increase or decrease in traffic. Traffic accident data was looked at and there have been few accidents in the past few years at the intersection to the west, and none in this location in front of the store. The driveway locale was looked at, and the applicant plans on having trucks no larger than dump trucks visit the site. There will be no semis or tractor trailers. If so, the driveway width issue would have to be mitigated. Traffic circulation inside the area is limited and semis would need a turn around area.

Council Member Almquist commented the whole purpose of driveways is to keep traffic off Sunset. He inquired if trucks going in and out would require use of the entire cross access.


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May 7, 2009
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Mr. Cutler replied that would depend on limiting the truck size.

Council Member Allen inquired if customers would be coming with their own trucks to pick up the rock or if it would be delivered.

Keena Tanner, representing the applicant, replied that the goal is to be more accommodating for customers who come in with their own truck and trailer. There will be minimal quantities of rock in the yard. Star Nursery has another facility which it uses to hold large quantities of rock. The goal is to have a small operation at the store for one-stop shopping for customers.

Council Member Pike inquired why this use is a conditional use.

Mayor McArthur replied it is because of the nature of the business.

City Manager Gary Esplin explained that the applicant thought the use was permitted. Any approval or denial will require findings with regard to watering, dust, hours of operation, etc. Conditions can be placed to make sure the neighbors are happy.

Tonya Marshall expressed concern about possible noise and dust. She advised she lives directly behind the proposed rock yard and it will have a big impact on her backyard. She stated she wanted to make sure the rock yard was not open on Sundays and only half a day on Saturdays.

Ms. Tanner replied that normal business hours are 8:00 a.m. to 6:00 p.m., with employees on the site from 7:00 a.m. to 7:00 p.m. With regard to dust, they have worked hard to meet all requirements with regard to dust in their operation in Las Vegas, and have come up with a successful system of irrigating all bins. They also have the ability to hose down loads on trucks before the rock is dropped in the bins to cut down on the dust.

Mayor McArthur commented that rocks on trucks often end up on the road, breaking windshields. He inquired how this would be addressed.

Ms. Tanner replied that they haul all their own rock and strive to properly train their employees. A series of inspections is done on all trucks.

City Manager Gary Esplin commented that only Star Nursery trucks will be hauling the rock in and if the City has problems with dust, etc., then the conditional use permit gives the City the ability to revoke the permit.

Ms. Tanner commented that they purchase a lot of rock locally which cuts down on the quantities they have to have in the facility. If a job is large enough, the rock is taken directly to the job site.

Mayor McArthur asked if walk-around inspections for rocks could be performed before a truck leaves the yard.

Ms. Tanner replied that they could do this. Ms. Tanner advised that their business is dictated by weather and is seasonal on Sundays. They can be open seven days a week during the busy season, but other than that are open only six days a week.

Ms. Marshall expressed concern that there would be noise seven days a week.

Ms. Tanner replied that similar noises are already being heard from other neighbors. She commented that they would be glad to plant trees in Ms. Marshall?s yard if that would help mitigate the noise. She advised that they do not open until 10:00 a.m. on Sundays when they are open on Sundays.

Council Member Shakespeare inquired if this request is approved, if the City is opening the door for this kind of operation to go into any C-3 zone with the same traffic issues, etc.



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City Attorney Shawn Guzman replied that if the findings meet the conditions set out in that zone, then the conditional use permit has to be approved.

Council Member Shakespeare commented that the traffic count on Sunset Blvd. is 28,000 cars per day, and on Bluff it is 49,000 per day. She expressed concern that Sunset Blvd, is not yet built out, and when it is traffic will reach 49,000 cars per day, and there will be large trucks going in and out at this site. She inquired if the traffic study took future traffic into consideration.

City Manager Gary Esplin replied that if this use is not put into this site, the applicant can put in another commercial use which could generate more traffic than what is proposed. The question is whether truck traffic makes a difference, and dump trucks vs. a larger number of cars. The traffic impact study indicated there would not be an issue with traffic and the proposed type of use.

City Attorney Shawn Guzman advised that future traffic on unbuilt parcels cannot legally be considered, only traffic generated today.

Council Member Shakespeare inquired how rock loaded onto small trucks would be prevented from spilling out onto the road.

Paul Blackmore, Black Rock Engineering, advised that the nursery follows procedures and this should not be a problem. The typical client is the one-stop shopper. The first time rock is spilt from a small truck, they will know about it. There are safety policies in place. The City Code also provides for a 10' planting strip between residential and commercial properties, and on the south side against the neighbors this trend will be continued with a tree storage area. Rock storage will be removed on the south side. If semis use the site, they will loop around the back of the site.

Council Member Almquist commented there is similar zoning on Main Street where Anderson Lumber used to be. He inquired if a rock yard could also go in there if it met the same conditions.

City Attorney Shawn Guzman replied that it could.

City Manager Gary Esplin commented that this is an issue with the ordinance. If the City Council does not want to allow that use in a C-3 zone, it should be removed from the ordinance. However, it is currently allowed, and if the conditions are met, the current request should be approved.

Council Member Pike inquired if all conditions are met, if the request had to be approved.

City Attorney Shawn Guzman replied in the affirmative. The City Council must find that all the conditions are met and approve the request, or find that they are not met, and specifically state why, in order to deny the request.

Council Member Shakespeare inquired about expansion of the site.

City Manager Gary Esplin replied that the site could not be expanded as this would change the conditions of the request. The applicant cannot do anything different from what they are requesting now.

Council Member Almquist inquired about the adequacy of the parking.

Mr. Blackmore replied that they are expecting the same number of clientele. They do not expect to see an increase. Only two additional stalls are needed.

City Attorney Shawn Guzman advised that any motion for approval should include the condition that the applicant voluntarily agreed to add 10' of landscaping in the back of the property.

Community Development Director Bob Nicholson advised that this is a requirement of the ordinance.

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May 7, 2009
Page Eleven

MOTION: A motion was made by Council Member Allen to approve the conditional use permit with the findings that the request meets all of the conditions in the ordinance and that the traffic study found there would be no interruption in safety or movement of traffic, with the requirement there be a 10' planter strip of box trees along the south property line, making sure hours are conducive with neighbors adjoining the backyards, and no earlier than 10:00 a.m. on Sundays.
SECOND: The motion was seconded by Council Member Shakespeare.

City Attorney Shawn Guzman advised that if the neighbors have problems with the business their recourse is through the City. The City can address any problems as nuisances or through Code Enforcement.

City Manager Gary Esplin advised that if there are problems, the City has the right to rehear the matter and the conditional use permit can be revoked.

Community Development Director Bob Nicholson advised that the City Code says a masonry wall and a 10' wide landscaping area along the border with a residential zone is required. This could include boxed storage with live trees.

City Manager Gary Esplin commented it was important to include in the motion that trees in boxes are suitable as landscaping as long as the trees are alive and green.

Ms. Tanner advised that there would always be something in that area.

Council Member Almquist commented that the City did not want to set a precedent so a different type of business could also put boxed trees in the required landscaped area and would not have to plant them.

City Attorney Shawn Guzman commented that the City has never allowed boxed trees before.

City Manager Gary Esplin commented that the applicant proposes to have the trees in addition to the landscaped strip. They are not required to have trees, just landscaping.

Council Member Allen commented that if the use of the property were changed, the conditional use permit does not go with the property.

City Attorney Shawn Guzman advised that if a different use is permitted in the zone, the requirement for the landscape strip would remain. He stated there is nothing in the ordinance which states that rock-type uses get to put non-permanent landscaping in. The ordinance does not say the landscaping has to be permanent, but the City has always required permanent landscaping. He commented the City Manager?s point is the applicant could have shrubs in this area, instead of trees.

City Manager Gary Esplin advised that the motion should include a stipulation that the 10' landscaped area shall meet the ordinance but as long as the trees are rotated in and out, this would meet the requirement.

Council Member Allen inquired if she should amend her motion to include a provision that if the use of the property changes, the 10' strip of landscaping will have permanent trees.

City Attorney Shawn Guzman advised that the ordinance allows the City discretion to approve landscaping in the buffered area.

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

Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Almquist - no
Council Member Pike - no
Mayor McArthur - aye


St. George City Council Minutes
May 7, 2009
Page Twelve

The motion carried.

APPOINTMENT OF ADMINISTRATIVE LAW JUDGE:
Appointment of an administrative law judge.

City Attorney Shawn Guzman advised that the City?s administrative law judge resigned and a replacement is needed. He recommended Brad Young be hired to fill the position. Mr. Young is familiar with the City?s ordinances and understands the City?s philosophy and will be fair to all parties. He has good judgment and a good presence. He will be paid an hourly rate.

MOTION: A motion was made by Council Member Allen to appoint Brad Young as the administrative law judge.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Allen - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

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

Mayor McArthur recommended that Carol Lakin and Mary Williams be appointed to the Art Museum Board.

MOTION: A motion was made by Council Member Pike to appoint Carol Lakin and Mary Williams to the Art Museum Board.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the April 23, 2009 City Council meeting.

MOTION: A motion was made by Council Member Pike to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Almquist - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the April 29, 2009 City Council meeting.

MOTION: A motion was made by Council Member Shakespeare to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Shakespeare - aye

St. George City Council Minutes
May 7, 2009
Page Thirteen

Council Member Allen - aye
Council Member Almquist - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of the amended Las Colinas development agreement.

City Manager Gary Esplin explained that the City had an agreement with Las Colinas several years ago with regard to installation of trails and the number of affordable housing units within the project in exchange for a density bonus. The development has not begun, but the City has put a portion of the trail in. The agreement needs to be amended so that the City will be repaid for the portion it has put in. The agreement also states that as soon as half of the lots are developed, all the trails will be put in.

City Attorney Shawn Guzman clarified that since the City is putting in part of the trail now, Las Colinas will have the right to look at the cost of the trail and protest the cost within a certain amount of days.

City Manager Gary Esplin suggested that when Las Colinas signs the agreement, a section be added that they agree to the costs associated with installation of the trail.

City Attorney Shawn Guzman advised that upon review of the agreement it was found the timing of the park was pushed back to the end of the time period, and the City typically does not allow this.

City Manager Gary Esplin said his understanding was that the park would be built when the project was 50% complete.

Laura Taylor advised the trail would be built and design of the park completed when the project was 50% complete.

City Manager Gary Esplin stated that the park needed to be built as well. He recommended the agreement be approved subject to the items discussed, and if the parties cannot come to terms, the matter will be brought back to the City Council.

MOTION: A motion was made by Council Member Pike to approve the agreement subject to legal review and the park and trails being completed when the project is 50% complete.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Pike - aye
Council Member Almquist - aye
Council Member Allen - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution to accept the fiscal year 2009-2010 preliminary budget for the City of St. George.

City Manager Gary Esplin explained that State law requires the preliminary budget to be adopted in order to begin considering it. Public hearings will then be scheduled. The General Fund budget is approximately $40,000,000, with the total budget close to $265,000,000, including all funds. No increase in taxes is recommended. No fee increases are recommended except for an adjustment in the Electric Department for shut-off notices. No employee lay-offs are recommended. The hiring freeze will be continued and there are no employee compensation changes. The budget is balanced and is down 13% from last year. A copy of the preliminary budget is available for inspection in the Recorder?s Office.

St. George City Council Minutes
May 7, 2009
Page Fourteen

Deanna Brklacich, Budget and Financial Planning Officer, explained the budget is also available on the City?s website. She expressed gratitude to all the department heads who worked hard to cut their costs to a minimum while still maintaining the level of service St. George citizens are accustomed to.

MOTION: A motion was made by Council Member Almquist approving the preliminary budget by resolution.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote as follows:

Council Member Almquist - aye
Council Member Allen - aye
Council Member Pike - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Council Member Almquist.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Almquist - aye
Council Member Pike - aye
Council Member Allen - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.



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Gay Cragun, City Recorder