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     City of St. George     Mayor & City Council     Agenda & Minute Details


Agenda & Minute Details


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September 6 2007 City Council Minutes



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

SEPTEMBER 6, 2007, 4:00 P.M.

CITY COUNCIL CHAMBERS



PRESENT:

Mayor Daniel McArthur

Council Member Suzanne Allen

Council Member Rod Orton

Council Member Bob Whatcott

Council Member Larry Gardner

Council Member Gail Bunker

City Manager Gary Esplin

City Attorney Shawn Guzman

City Recorder Gay Cragun



OPENING:

Mayor McArthur called the meeting to order and welcomed all in attendance. He excused Suzanne Allen who was attending an MPO meeting in Salt Lake City on behalf of the City and would be arriving late. The pledge of allegiance was offered by Council Member Rod Orton and the invocation was offered by Council Member Bob Whatcott.



Mayor McArthur announced that next week will be the 73rd annual Dixie Round-Up at the Sun Bowl and Thursday night children are admitted free of charge. The event is sponsored by the Lions Club and all proceeds from the Round-Up are put back into the community through community projects. He announced that the St. George Marathon would be held the first weekend in October.



Ralph Flannigan, representing the Exchange Club, gave a brief history of the Mayor?s Walk. The Exchange Club is one of the sponsor?s of the Mayor?s Walk, and was the original sponsor of the Mayor?s Walk. The Mayor?s Walk is a 2.1 mile walk beginning at 7:00 a.m. at the Bluff Street Park and ending at Vernon Worthen Park. He anticipated 1500 registered walkers. He challenged members of the City Council to walk with the Mayor. Janet Labrum, representing the Exchange Club, distributed visors, T-shirts and water bottles to those present on the stand.



Mayor McArthur announced that there is an addendum to the agenda.



Mayor McArthur advised that some of the things said on the radio this morning by candidates running for City Council were not true. The beginning salary for firefighters is not $11.50 per hour as stated on the radio, but is between $15.00 and $17.00 per hour.



TABLE ITEMS:

City Manager Gary Esplin advised that Item 2I to consider approval of an agreement with Reynolds, Smith & Hills, Inc. to design the replacement airport terminal and ARFF buildings, Item 2K to consider award of bid for video cameras for police vehicles, and Item 4A to consider approval of an ordinance changing the zone from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East and consider approval of a development agreement for a density bonus, are tabled from the agenda.



AWARD OF BID:

Consider award of bid for the Temple Quarry Trailhead project.



Purchasing Manager Connie Hood recommended award of the low bid to Red Canyon Contractors in the amount of $88,395.82.



City Manager Gary Esplin explained that the City is putting in the parking lot and pushing it to the south to accommodate a future project.



Leisure Services Director Kent Perkins advised that the arch and other Eagle projects would not be disturbed.



MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Red Canyon Contractors, in the amount of $88,395.82.

SECOND: The motion was seconded by Council Member Whatcott.

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



Mayor McArthur explained that the base of the temple is made of basalt rock mined from the area to which the trail leads. The hike to this historic area is an easy one.

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Page Two



AWARD OF BID:

Consider award of bid for asphalt, concrete, sand and gravel.



Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Western Rock, in a blanket not to exceed $200,000 for the year.



MOTION: A motion was made by Council Member Orton to award the bid to Western Rock in an amount not to exceed $200,000 for the year.

SECOND: The motion was seconded by Council Member Bunker.



Mayor McArthur commented that staff will use the lowest bidder first, and if they can?t supply the material, staff will then use the second lowest bidder, etc.



Ms. Hood advised that she will also set up a blanket with Western Rock under $25,000 for smaller items.



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



AWARD OF BID:

Consider approval of a blanket award to R&B Surveying for surveying as needed by the Engineering Department.



And



Consider approval of a blanket award to Rosenberg Associates for surveying as needed by the Engineering Department.



Purchasing Manager Connie Hood recommended award in an amount not to exceed $25,000 to cover surveying needs in the Engineering and Leisure Services Departments.



Council Member Whatcott inquired why the amount of the bid was being doubled.



Ms. Hood explained that last year the City anticipated hiring people to do surveying. This did not happen, and this amount is the anticipated total from last year. She explained staff would like to set up blankets with both R&B Surveying and Rosenberg Associates in the amount of $25,000 each. Another vendor and blanket order will be on the next agenda.



City Manager Gary Esplin explained that survey work is needed when not planned as part of a project. Staff can use one of the vendors without going through the bidding process because the City already has their bid.



MOTION: A motion was made by Council Member Whatcott to approve award of the blankets to both vendors as recommended.

SECOND: The motion was seconded by Council Member Gardner.

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



AWARD OF BID:

Consider award of bid for the 2007 traffic signal project.



City Manager Gary Esplin explained this bid is for material the City can purchase cheaper through the UDOT contract for the three signals that will be underway this next year. The amount is $100,833.



MOTION: A motion was made by Council Member Gardner to award a contract to UDOT in the amount of $100,833.

SECOND: The motion was seconded by Council Member Orton.

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



APPROVE CHANGE ORDER:

Consider approval of a blanket PO change order with Cache Valley Electric for the VoIP system.



Purchasing Manager Connie Hood recommended approval of a change order in the amount of $40,129.70 for installation, training and tech support for the VoIP system. Since this item was budgeted the Power Generation Department and Water building have been added.

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MOTION: A motion was made by Council Member Orton to approve the change order in the amount of $40,129.70.

SECOND: The motion was seconded by Council Member Bunker.

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



APPROVE CHANGE ORDER:

Consider approval of a change order for steel poles for the Skyline to Green Valley 138 kV transmission line.



Purchasing Manager Connie Hood recommended approval of a change order in the amount of $26,994 with Meyers Steel Structures, for a total contract amount of $1,814,439.



City Manager Gary Esplin explained that the change order is needed in order to accommodate a change in the alignment of the poles. Two departments are working together to facilitate a turn lane in that area, which has increased the amount of poles needed.



Energy Services Director Phil Solomon explained that the location is the corner of Sunset and Dixie Drive where Turnkey is located.



MOTION: A motion was made by Council Member Bunker to approve the change order in the amount of $26,994.

SECOND: The motion was seconded by Council Member Orton.

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



AWARD OF BID:

Consider award of bid to install traffic signals.



Purchasing Manager Connie Hood recommended award of a bid to Cache Valley Electric to install traffic lights in the amount of $457,267.77. The materials will be purchased through UDOT.



MOTION: A motion was made by Council Member Orton to award the bid to Cache Valley Electric in the amount of $457,267.77.

SECOND: The motion was seconded by Council Member Bunker.

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



City Manager Gary Esplin advised the traffic signals will be located at Riverside Drive and Foremaster Drive, Dixie Drive and Indian Hills Drive, and Dixie Drive and Valley View Drive.



Council Member Whatcott inquired if the project would still be under bid adding the purchase of equipment from UDOT and installation by Cache Valley Electric.



City Manager Gary Esplin replied that the project would still be within budget.



Ms. Hood advised that Cache Valley?s bid was almost $100,000 less than the second lowest bid.



APPROVAL OF AGREEMENT:

Consider approval of an agreement with Reynolds, Smith & Hills, Inc. to design the Replacement Airport terminal and ARFF buildings.



This item was tabled.



APPROVAL OF AGREEMENT:

Consider approval of a construction management agreement with Sunrise Engineering for the Snow Park frontage road.



Purchasing Manager Connie Hood advised the amount of the agreement is $56,400.



City Manager Gary Esplin advised the project runs from the Fiesta Fun Center to 400 East.



MOTION: A motion was made by Council Member Bunker to approve the agreement.

SECOND: The motion was seconded by Council Member Gardner.

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 construction of the Snow Park frontage road.



Purchasing Manager Connie Hood advised the project will run from 1160 South to 400 East. The low bidder was Tri West Construction in the amount of $408,980.35. The engineer?s estimate was $742,000.



MOTION: A motion was made by Council Member Gardner to award the bid to Tri West Construction in the amount of $408,980.35.

SECOND: The motion was seconded by Council Member Orton.



Public Works Director Larry Bulloch advised that the project should be complete by January 1.



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



A representative of the engineering firm stated they hoped to start on an accelerated schedule so that the paving is done this year.



AWARD OF BID:

Consider award of bid for video cameras for police vehicles.



This item was tabled.



RESOLUTION:

Consider approval of a resolution designating the week of September 24-29 as Don?t Waste Dixie Week.



City Manager Gary Esplin advised that Don?t Waste Dixie is a County-wide program to encourage people to quit littering and also implement education programs within the schools.



Council Member Bunker commented it would help to require trucks to be covered.



Council Member Orton suggested the matter be discussed at a work meeting.



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

SECOND: The motion was seconded by Council Member Bunker.

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



Council Member Gardner - aye

Council Member Bunker - aye

Council Member Orton - aye

Council Member Whatcott - aye



The vote was unanimous and the motion carried.



RESOLUTION:

Consider approval of a resolution abandoning a public utility and drainage easement in the Sun River area.



City Manager Gary Esplin explained that the easement is located between Lots 1531 and 1520. A home has been built across the easement, and the owner is willing to give new a new easement. Staff recommends approval.



MOTION: A motion was made by Council Member Whatcott to approve the resolution.

SECOND: The motion was seconded by Council Member Orton.

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



Council Member Whatcott - aye

Council Member Orton - aye

Council Member Bunker - aye

Council Member Gardner - aye



The vote was unanimous and the motion carried.





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Page Five



BEER LICENSE/LOCAL CONSENT:

Consider approval of a beer license and local consent for a restaurant liquor license for the Sun River Golf Grill/Restaurant. Darcy Stewart, applicant.



City Manager Gary Esplin advised that staff has no issues with the request.



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

SECOND: The motion was seconded by Council Member Whatcott.

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



SET PUBLIC HEARINGS:

Community Development Director Bob Nicholson advised that the Planning Commission recommends that public hearings be scheduled for September 20, 2007 to consider (1) a zone change from R-1-8 to PD Residential on .49 acre at 550 East 300 South; (2) a zone change from RCC to C-3 on .17 acre at 594 West 400 North; (3) an amendment to Title 10, Chapter 10, St. George City Code, conditional uses in the C-1 zone; and (4) approval of a preliminary plat for Sunrise Ridge Phase 4 located at 2370 East and 50 South.



MOTION: A motion was made by Council Member Orton to set the public hearings as recommended by the Planning Commission.

SECOND: The motion was seconded by Council Member Gardner.

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



FINAL PLATS:

Community Development Director Bob Nicholson explained that two of the plats are road dedication plats. One is for Curly Hollow Road and the extension of River Road through the Ft. Pierce Industrial Park to its intersection with the Southern Parkway. There is also a final plat for The Villas at Hidden Valley Amended and Extended to modify the boundary line along the southwest portion of the common area and Lot 20. The applicant received 100% of the consents needed by property owners, so no public hearing is necessary.

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

SECOND: The motion was seconded by Council Member Bunker.

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



PARKING CONSIDERATION:

City Planner Ray Snyder explained that on June 26 the Planning Commission approved Valor Hall?s request to determine the appropriate number of parking spaces without utilizing a shared parking agreement with Harmons. The applicants cannot obtain a recordable shared parking agreement. The applicants are requesting that the City Council determine that the parking on site is sufficient to support their expansion. The Planning Commission recommended approval of 18 parking spaces due to the proposed expansion, but only 15 can be supported on site. The zoning on site is R-3. The applicants propose to add to the building, but are not adding classrooms.



Council Member Orton commented his only worry was if the school moved out and someone else moved in.



A woman, representing Valor Hall, advised that they are signing a ten year lease with the expansion.



City Attorney Shawn Guzman advised that there was not space to add more employees or students. The City Council can add a condition liming the number of employees, volunteers and students.



Jamie Wilson, Valor Hall Principal, advised that the expansion includes a bathroom, multi-use room, and office area. The school has 95 students, the number of volunteers depends on the day but normally there is only one per day, and there are seven full-time teachers, and two to four aids for half a day every day, and a couple of office staff. In the afternoon one specialist comes in either for art of PD, but after the aids leave. The school has been operating in this location for six to seven years without any complaints and normally enough parking.



Tena Raleigh, Director of Valor Hall, advises there are two full-time office staff, and the aids leave by 1:00. She stated they were asking permission to continue doing business as they





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have been. She introduced several Valor Hall students in the audience. She advised that 18% of the students are on scholarships.



Ms. Wilson advised that one parking space is being added, and typically there are vacant spots and in the afternoon the parking lot is only half full.



Ms. Raleigh advised that all of the aids will be parking in the Harmons parking lot. They have leased several parking spaces there for 25 years with a 40 year option. Hours of the school are Monday through Thursday during the daytime, and visitors to the adjacent park use their parking lot in the evening.



Council Member Allen arrived.



Ms. Raleigh advised that the oldest students are in 8th grade and do not drive.



MOTION: A motion was made by Council Member Gardner to determine that the existing parking at Valor Hall is sufficient to meet their expansion needs.

SECOND: The motion was seconded by Council Member Whatcott.



City Attorney Shawn Guzman inquired if the City Council wanted to include caps on the number of students, volunteers and teachers.



Council Member Gardner clarified a cap was not a part of his motion.



City Manager Gary Esplin advised that setting a cap was part of the Planning Commission?s recommendation.



City Planner Ray Snyder read the Planning Commission recommendations.



Ms. Raleigh and Ms. Wilson agreed with the recommendations.



AMENDED MOTION: Council Member Gardner amended his motion to include the Planning Commission recommendations.

SECOND: The motion was seconded by Council Member Whatcott.

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



MINOR SUBDIVISION:

Council Member Gardner declared a conflict of interest.



Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of a minor subdivision consisting of seven lots in the Sunset Corner development located at the corner of Sunset Blvd. and Bluff Street.



MOTION: A motion was made by Council Member Orton to approve the minor subdivision.

SECOND: The motion was seconded by Council Member Bunker.

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



HILLSIDE DEVELOPMENT PERMIT:

City Planner Ray Snyder reviewed the background of the request for additional excavation on Lots 5-8 of Primrose Pointe Phase 3.The plat was originally approved for walk-up homes, and not homes with walk-out basements. The applicants would like to do additional excavation to provide more flat lots. One of the conditions recommended by the Hillside Board is that more trees be planted against the hillside for shade.



MOTION: A motion was made by Council Member Orton to approve the hillside development permit subject to the recommendations of the Hillside Review Board.

SECOND: The motion was seconded by Council Member Gardner.

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 approval is requested for the building design and conceptual site plan to construct a 150,000 sq. ft. seven level medical outpatient facility behind the existing hospital on River Road.



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Page Seven



Council Member Allen declared a conflict of interest as she serves on the hospital board.



Mr. Snyder presented a power point presentation and presented renderings of the buildings. The site plan includes an 85,000 sq. ft. building to be built in the future to the north. The new pavilion is needed to meet demands of outpatient volumes and to allow expansion of physical therapy and rehabilitation and medical office space. Parking will be provided on the lowest floor. Parking meets and exceeds requirements. Lighting has been addressed. The height of the building depends on where one is in relation to the building, but the average height is 80'. The maximum height to the roof peak is 106'. With regard to the Rimrock Wash, the applicants propose to resculpture it into a landscape feature, including a footbridge. Non-native tamarisk will be removed. Staff advised the applicants that federal and state permits are needed to regrade the wash, and the applicants are processing through them now. They are working with existing FEMA maps to accommodate a 100 year storm. Samples of materials for the outside of the building have been provided. The applicants want the building to blend in with the existing hospital. The Planning Commission felt the proposed color of the building is too light and encouraged the applicant to make it a little darker, but not too dark. The applicant would like to keep the color of the building as proposed. Mr. Snyder then reviewed the recommendations of the Planning Commission.



Council Member Bunker advised that the reason the Planning Commission wanted the color of the building to be a little darker was for contrast with the hospital.



Terri Kane, director of the hospital, introduced the architect, board chairman, construction manager, planner, and contractor. She stated they were excited to bring additional services to the community, and this is the beginning of a five year strategy to expand the hospital. The College is currently constructing their building. A charitable lodging home will also be built, and there will still be room for another building. In the future there will be the need to add another medical office building as part of another project. She advised they felt strongly about the color and hoped to be able to use the same palette of colors as the hospital as it would look strange to have a lot of different colors on the same campus. At the time the hospital was built, there was a lot of community input on the color and appearance of the hospital, and the community did not want darker colors.



Todd Tierney, architect, advised that he tried to nestle the building into the landscape. The wash will be resculpted, and the walking trail expanded and landscaped. The color of the building is significant as the base needs to be tied into the red rock, and as the building goes up, lighter colors are used because darker colors tend to stand out rather than blend in. White was used sparingly.



Terri Kane advised that the hospital currently rents 20,000 sq. ft. of space in a building south of Foremaster Drive, and eventually a light will be put there. The City will not put a cross walk in at this location, and this is a worry.



Council Member Gardner inquired if there would be underground connectivity between the hospital and the new building.



Mr. Tierney replied that there would not be underground connectivity.



Council Member Gardner commented at one time there was talk about locating old bans and other heritage items in this area as part of the trail.



Ms. Kane replied that some historical items will be used and the hospital has purchased one of the wagons. One of the worries is safety, and it is critical to remove the tamarisks and return the wash into something that compliments the City.



Mayor McArthur commented that the original entrance into the City is located just to the south of the site and he inquired if this could be tied into this project or a portion of the old trail preserved.



Ms. Kane replied that they have been talking with the Foremaster family and Kent Perkins about this.



Council Member Orton inquired if the 400 East campus would be abandoned.



Ms. Kane replied that there are 80 beds at the 400 East campus. It is their intent to get all acute care services under one campus, and they will begin design next year as to what that



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building may look like in the future. She stated she saw that campus being used for outpatient services and clinics. She advised that when she came to St. George in 2001, the hospital had 1100 employees - it now has 2300. In the next five years 3000 people will need to be hired, and with housing costs and how difficult it is to replace health care workers, it will be hard to find them. People in the community need to get into the health care field and fill these positions. There are currently 260 physicians in St. George, and the hospital brings 30 new doctors to St. George each year. The new Hurricane clinic will open in January, and they recently closed on property in Washington. It is the hospital?s philosophy to keep primary care providers closer to the communities.



Kim Campbell, a St. George Planning Commission member, advised that the proposed colors are fairly light, but in his opinion are too light to blend with the backdrop of Southern Utah?s different colors. Lighter colors against the desert background provide more contrast, and light on a dark background is not a subtle contrast. He suggested that some of the lighter pastel colors be darkened up and suggested the applicant stay away from a mauve color.



Council Member Gardner commented he agreed with Mr. Campbell, and darker colors blend better.



Council Member Bunker inquired if it would make that much difference if the same palette was used, but just a tone darker.



Todd Tierney replied that this is not a small building and a darker color on this large building would not blend in but would make it look like a big box. Lighter colors on top of the building will break down that mass. Some of the newer houses on the ridge which are dark in color stand out dramatically. He stated he was not opposed to a darker color for the base, but it was not in the best interests of the community to have a darker color on top. The colors suggested are the exact colors on the existing hospital.



Council Member Orton commented that he has never looked at the hospital and said that it did not blend in. He stated he was not a bit offended by the proposed colors, and hated to micro-manage the project.



MOTION: A motion to approve the building design and conceptual site plan as presented was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Whatcott.



Council Member Gardner commented that while it was not the Council?s desire to redesign the project and he trusted the applicant?s professionalism, his personal preference was that the building be darker, but he was happy to support the request.



Mr. Tierney explained that there is no mauve on the hospital building, but the building color does change during different parts of the day as the sun moves.



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



Council Member Orton - aye

Council Member Whatcott - aye

Council Member Gardner - aye

Council Member Bunker - no

Council Member Allen - abstained



The motion carried.



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



PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:

Public hearing to consider amendment to Title 10, Chapter 8, St. George City Code, to delete the 51% residential floor area requirement for mixed-use buildings.



Community Development Director Bob Nicholson advised that the applicant is Blue Mountain Holdings. The issue came to light when the applicant submitted a zone change request for a mixed use project on 900 South at 1300 East. When the plans were reviewed it was discovered that there is a conflict within the City Code. He then reviewed proposed language of the ordinance to delete the 51% residential floor area requirement for mixed-use buildings. The Planning Commission recommended that the 51% minimum residential floor area



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requirement for three story buildings be deleted and allow the City Council discretion to approve non-residential uses on upper floors. He advised that he did research on other cities? regulations for mixed use, and the APA has a model mixed use zoning ordinance, but a percentage is not stipulated. Mixed use means that at least one floor is devoted to non-residential uses and at least one floor is devoted to residential uses.



Council Member Gardner commented that he liked the APPA?s model ordinance because it allowed flexibility.



Council Member Orton commented that he liked the City?s proposed ordinance because it allows the City to look at what will go in on the second floor.



Mr. Nicholson commented that one of the problems with the City?s existing code is that it does not accommodate residential uses on top floors of existing buildings on Main Street.



Council Member Allen commented that all cities are going to mixed uses so that residents can live and stay in their neighborhoods and not have to drive everywhere. She stated she liked the City?s proposed ordinance because it is not so restrictive and it will be fun to see what developers bring to the City Council.



Mr. Nicholson advised the applicants are not comfortable with paragraph H of the proposed ordinance because it gives the City Council discretion.



Council Member Bunker commented the City needed to be careful where these mixed use projects are located, and one would be beautiful on the corner of St. George Blvd. and Main Street. She suggested a discussion was needed on what would happed on the second floor if there were three floors.



Mayor McArthur advised that the ordinance would apply City-wide. He then opened the public hearing.



Brian Blackham, a resident of Meadow Creek, stated he felt the clarification was wonderful. He advised he represented quite a few people, both in and out of the area. The flexibility is wonderful but the City should be careful that the ordinance is not used to step over the guidelines set out by the Code. He stated as an example a personal interest group with a building whose height does not fit but an exception is given. It is important where these mixed uses are allowed. The City needs to be careful in its planning so that it cannot be accused of spot zoning and make exceptions for special interest groups so they can build a project. He stated St. George did not want to have the first spot zoning case in Utah, and the urban core needed to be defined. He stated this kind of PD zone belongs in the urban core, and he did not think 1300 East and 900 South is the urban core.



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



MOTION: A motion was made by Council Member Orton to approve the ordinance eliminating Paragraph H.

SECOND: The motion was seconded by Council Member Allen.



City Attorney Shawn Guzman advised that the question is if the ordinance requires someone who wants approval to take the project before the City Council first, then back to the Planning Commission for their recommendation, then back to the City Council for approval. He suggested that the language be changed to say that the request first go to the Planning Commission, and then the City Council.



AMENDED MOTION: Council Member Orton agreed to add this clarification to his motion.

SECOND: The motion was seconded by Council Member Allen.

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



Council Member Orton - aye

Council Member Allen - aye

Council Member Whatcott - aye

Council Member Bunker - aye

Council Member Gardner - aye



The vote was unanimous and the motion carried.





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Page Ten



Mayor McArthur called for a short break.



PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider a zone change from RCC to PD Commercial on 1.2 acres located at 165 West 200 North Street. David Richens, applicant.



Community Development Director Bob Nicholson advised that surrounding zoning is C-3 to the south and RCC on each side. He displayed the site plan. The project is a two story office building with administrative and professional office uses. The combined floor area is 20,592 sq. ft. 83 parking spaces are required, and the project has 85 spaces. The building will be brick with a residential style roof with dormers, balconies and decks. The design is compatible with the historic downtown area. A letter has been received from the Neighborhood Enhancement Committee endorsing the zone change if the building is built according to the architectural drawings which have been presented; this is part of any PD zone requirement. The Planning Commission recommends approval.



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



Community Development Director Bob Nicholson confirmed that a discussion had previously been held concerning excluding this piece of property from RCC zoning.



MOTION: A motion was made by Council Member Whatcott to approve the zone change by ordinance.

SECOND: The motion was seconded by Council Member Bunker.

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



Council Member Whatcott - aye

Council Member Bunker - aye

Council Member Allen - aye

Council Member Orton - aye

Council Member Gardner - aye



The vote was unanimous and the motion carried.



PUBLIC HEARING/PRELIMINARY PLAT:

Public hearing to consider approval of the preliminary plat for Montecito Condominiums located on the west side of the intersection of Valley View Drive and Indian Hills Drive. Mr. Bergel, applicant.



Planner John Willis explained there are eight existing multi-family units. Access is from a 25' private driveway. Zoning is R-3. The applicant desires to subdivide the units for individual ownership and convert them to condos. The Planning Commission recommends approval subject to staff recommendations. Since then, the applicant has met many of the conditions. The applicant requested one year to install a fence, but the Planning Commission recommended 60 days, and the applicant is already in the process of building the fence.



Barry Clarkson, attorney for the applicant, advised there were seven conditions recommended by the Planning Commission, and all have been addressed with the exception of the privacy wall in back, but construction has commenced on the wall. The applicant is happy to post a bond to guarantee that the fence will be completed, but he does not want the plat process to be held up. These units were built with the intention of being condos from the beginning.



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



Council Member Bunker commented that the Fire Marshall has verified that a firewall exists between the units.



Mr. Clarkson advised that the Fire Marshall inspected the premises to verify that the buildings meet all codes.



Heather Tubbs, representing Bush & Gudgell, distributed a letter to the City Council members.



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

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SECOND The motion was seconded by Council Member Gardner.

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



RECOMMENDATION OF SIGN REVIEW BOARD:

Consider approval of the recommendation of the Sign Review Board regarding the designation of additional major commercial streets for the purpose of allowing pole signs.

Community Development Director Bob Nicholson advised that 50' tall poles signs are allowed if within 1500' feet of freeway interchanges and located on designated major commercial streets. Desert Palms, the applicant, requests permission to allow a 50' sign at its location. The Sign Review Board, rather than acting on the application, recommended that four new streets be considered as major commercial streets, excluding the westerly 200' of those streets because of the change in elevation. A lift was in place today to the height of the proposed sign.



Council Member Bunker advised she struggled with opening up the four streets for tall pole signs as they conceivably could become a sea of signs. She stated she did not feel the proposed sign at Desert Palms was offensive.



MOTION: A motion was made by Council Member Bunker to approve Desert Palms? request for a 50' tall pole sign, but to deny the Sign Review Board?s recommendation as to designation of four nearby streets as major commercial streets.

SECOND: The motion was seconded by Council Member Whatcott.



Council Member Whatcott commented he wondered if the City would be setting a precedent for every business to come in and ask for a 50' tall pole sign.



City Attorney Shawn Guzman replied that if the City Council sees a reason to grant the request, then it should articulate the reasons for doing so, which can avoid setting a precedent.



Council Member Bunker clarified she motioned for approval because of the applicant?s location, and the fact that the elevation of the building is lower and needs the signage for visibility.



City Manager Gary Esplin suggested that it should also be articulated that the sign will not even be seen when looking at it from several sides. It will only be seen from the freeway and Bluff Street because the site elevation is in a hole.



Mayor McArthur commented that the nature of the business depended on people being able to see the sign.



John Sorenson, owner of Desert Palms, advised that in talking with the sign companies, only one or two other businesses have asked for this type of variance. He stated he thought the sign was allowable under the City Code, and this was one of the reasons he purchased the club. He stated Desert Palms is the registration center for all the triathalons, and Desert Palms is one of the sponsors of the Mayors Walk.



CLARIFIED MOTION: Council Member Bunker commented that in addition to the location and elevation, she would like to include in her motion that the type of business is mainly for tourist travel and motel guests visiting the area.



City Manager Gary Esplin advised that any business can argue that it needs signage, but in this case the applicant?s argument is the location, the lower elevation of the site, and the sign will not have a negative impact on the City.



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



AIRPORT GROUND LEASE:

Consider approval of an airport ground lease with KATT, LLC.



City Manager Gary Esplin advised that staff has reviewed the request. The applicant is taking over the lease of Chris Peterson.



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



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September 6, 2007

Page Twelve



SECOND: The motion was seconded by Council Member Orton.

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



AGREEMENT:

Consider approval of an improvement agreement with Quality Properties to install a storm drain in Royal Pine Estates and Firenze.





City Manager Gary Esplin explained that according to City policy, a developer is required to install a certain size storm drain for their use, but the City has determined a need to increase the size of the storm drain to accommodate future growth. Staff recommends that the City participate in oversizing the line.



MOTION: A motion was made by Council Member Whatcott to approve the agreement.

SECOND: The motion was seconded by Council Member Orton.

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



RETURN OF SURPLUS PROPERTY:

Consider return of surplus property adjacent to River Road to Steve Sheffield.



City Manager Gary Esplin explained that when the River Road bridge was built, the City received right-of-way from Mr. Sheffield to construct the road and bridge. At that time there was not a clear understanding of how wide the road was going to be. There is now excess property outside of the right-of-way on the northwest side. There is also an item on the addendum to deed to Mr. Sheffield the old 1450 South roadway alignment. Staff recommends approval of both.



City Attorney Shawn Guzman clarified that the City kept the slope area, but beyond that there is excess property.



City Manager Gary Esplin explained that the City still has to negotiate for a sidewalk.



Mr. Guzman advised that he has already visited with Mr. Sheffield about that. His plans are not to develop that right-of-way, but he will develop the other side and two corners on the west side of the road first. Mr. Guzman advised they discussed alternatives to get the sidewalk in.



MOTION: A motion was made by Council Member Gardner to approve the return of the surplus property.

SECOND: The motion was seconded by Council Member Allen.

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



AUTHORIZE QUIT-CLAIM DEED:

Consider authorizing the Mayor to sign a quit-claim deed in favor of Stephen Sheffield for the former 1450 South roadway alignment.



City Manager Gary Esplin explained that the City now has a new road, and is returning to Mr. Sheffield whatever interest the City had in the old 1450 South roadway.



MOTION: A motion was made by Council Member Gardner to authorize the quit-claim deed.

SECOND: The motion was seconded by Council Member Whatcott.

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



AGREEMENT:

Consider approval of a settlement agreement with Simmons Outdoor Media.



City Manager Gary Esplin explained that Simmons applied for a new sign location along I-15. The City denied the request because it was too close the entrance to the freeway. Simmons disagreed and filed a lawsuit. The settlement agreement includes the provision that Simmons will give up whatever rights it may have had with regard to the new sign in exchange for being allowed to raise an existing sign, rotate the display of a second sign, and convert the two existing signs to electronic signs. Staff feels OK about the settlement proposal.



MOTION: A motion was made by Council Member Orton to approve the agreement.

SECOND: The motion was seconded by Council Member Gardner.



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September 6, 2007

Page Thirteen



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



AGREEMENT:

Consider approval of an agreement with the Washington County School District to provide busing for students in the Castle Rock Subdivision area.



City Manager Gary Esplin explained that under State law the City is required to pay the cost of providing a crossing guard if there are safety issues. The City feels there is a safety issue with students on the north side of Snow Canyon Parkway crossing the Parkway to go to school. The City contacted the School District and agreed that instead of a crossing guard, the City would participate with them in busing the students, even though according to School District policy the students live too close to the school to be bused. Eventually a discussion will be needed with regard to placement of two traffic signals and whether they should be located on 2000 North or Dixie Downs Road. In the meantime, it is proposed that this agreement be entered into to get the children safely to school.



MOTION: A motion was made by Council Member Allen to approve the agreement.

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 Cooperative Agreement for Hilton Drive.



City Manager Gary Esplin explained that staff and UDOT have discussed the possibility of realigning Hilton Drive. He proposed approval of an agreement so the City can get on future funding programs through the MPO somewhere between 2010 and 2012.



MOTION: A motion was made by Council Member Allen to approve the agreement.

SECOND: The motion was seconded by Council Member Gardner.

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



ACCEPTANCE OF GRANT:

Consider acceptance of a grant from the FAA for the Replacement Airport.



City Manager Gary Esplin explained that the FAA is ready to offer the City a grant in the amount of $8,000,000 to be used for land purchase. The City?s match is 5% of the $8,000,000. He stated that negotiations are underway for purchase of land, and there seems to be some movement from some of the property owners. As a result of recent discussions with the FAA, it appears that some of the funding sources are coming in on the skinny side, and he will present to the City Council at a later date where the City is at with regard to funding.



MOTION: A motion was made by Council Member Orton to accept the grant.

SECOND: The motion was seconded by Council Member Gardner.

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



SALE OF SURPLUS CITY PROPERTY:

Consider sale of approximately 3,600 sq. ft. of surplus City property along the Southgate Golf Course #11 green to Scott Leavitt.



City Manager Gary Esplin explained that the property has been appraised by Morley & McConkie at $7200.00, and is surplus to the golf course?s needs. Staff recommends approval.



MOTION: A motion was made by Council Member Whatcott to approve the sale.

SECOND: The motion was seconded by Council Member Orton.

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



SEPTIC TANK USE:

Consider approval to use a septic tank. Dustin Moore, applicant.



City Manager Gary Esplin explained that the applicant is building a home in the Little Valley area. Staff recommends approval subject to the City?s concurrency policy with the understanding that when the sewer comes to the area, the applicant will connect to it and dedicate all roadways and agree to everything else required by the City.



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



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September 6, 2007

Page Fourteen



SECOND: The motion was seconded by Council Member Allen.

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



PURCHASE RIGHT-OF-WAY:

Consider authorization to purchase additional right-of-way on Tonaquint Drive.



City Manager Gary Esplin explained that additional right-of-way is needed on Tonaquint Drive for a right turn lane into the school area. The City would like to purchase property belonging to the church for $15,000 for the right turn lane. From a traffic standpoint, it is critical to have the right turn lane.



MOTION: A motion was made by Council Member Orton to approve the purchase.

SECOND: The motion was seconded by Council Member Allen.

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



CHANGE ORDER:

Consider approval of a change order for additional work on the Tonaquint Drive improvement project.



City Manager Gary Esplin explained the change order is in the amount of $130,000. A lot of unforeseen problems have been encountered with regard to location of utilities. The primary cost in the change order is $70,000 for a sidewalk to tie into the Bloomington subdivision so that children will have a safe place to walk to school.



Barbara Berrett, representing Alpha Engineering, advised that the project is not yet back on schedule. There have been a lot of utility conflicts on the east side of the roadway, and installation of the storm drain took a long time. She stated the project should be completed by the end of October or first part of November. The east side will be paved in three weeks. Another $43,000 is needed for utility change orders to lower and raise storm drains, and for installation of two additional sewer stubs. It is her understanding that the property owners will pay for those sewer stubs and the City will be able to recoup this cost. She advised that some of the irrigation lines were not as deep as they were supposed to be, as well as cable and phone lines, which is some cases were only 18" deep. The project has been a challenge.



Council Member Orton suggested that the City Manager explain the process the City follows when building a road. He stated it was amazing how many people are irritated because they do not understand the process.



City Manager Gary Esplin advised that building roads is a budget issue. If the City wants a roadway put in all at once and a developer is not ready to develop his or her frontage, then the City must bear the entire cost of the road. The City saves millions of dollars by requiring developers to improve their frontage by installing half of the roadway that fronts their projects. However, sometimes there is an inconvenience by not having the roadway completed all at once.



MOTION: A motion was made by Council Member Orton to approve the change order.

SECOND: The motion was seconded by Council Member Bunker.

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



COOPERATIVE AGREEMENTS:

Consider approval of a cooperative agreement with UDOT for the Atkinville Interchange project.



and



Consider approval of a cooperative agreement with UDOT for the Southern Parkway project.



City Manager Gary Esplin explained that the agreements indicate the City?s matches and participation level. UDOT has agreed that it will be responsible for any additional costs above those contained in these agreements. The City feels strongly about this as it has no control over the change orders on these huge projects. He recommended approval. He stated the City?s match of around $7,000,000 is in line with what has been planned for.



MOTION: A motion was made by Council Member Allen to approve the agreements.

SECOND: The motion was seconded by Council Member Bunker.



St. George City Council Minutes

September 6, 2007

Page Fifteen



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 August 9, 2007.



MOTION: A motion was made by Council Member Orton to approve the minutes as presented.

SECOND: The motion was seconded by Council Member Gardner.

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



Consider approval of the minutes of the regular City Council meeting held August 16, 2007.



MOTION: A motion was made by Council Member Gardner 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 August 23, 2007.



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.



ADJOURN TO EXECUTIVE SESSION:

MOTION: A motion to adjourn to an executive session to discuss a personnel issue was made by Council Member Allen.

SECOND: The motion was seconded by Council Member Bunker.

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



Council Member Allen - aye

Council Member Bunker - aye

Council Member Whatcott - aye

Council Member Orton - aye

Council Member Gardner - aye



The vote was unanimous and the motion carried. The City Council adjourned to the Administration Conference Room for the executive session.



RECONVENE AND ADJOURN:

MOTION: A motion to reconvene and adjourn was made by Council Member Gardner.

SECOND: The motion was seconded by Council Member Orton.

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











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Gay Cragun, City Recorder