City Council Minutes

Thursday, January 9,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 9, 2003, 4:00 P.M.
COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Larry Gardner
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Sharon Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Rod Orton and the invocation was offered by Larry Bulloch.

Council Member Whatcott arrived.

Mayor McArthur briefly reported on the Economic Summit held yesterday. He advised that a tremendous amount of economic development comes from the City.

City Manager Gary Esplin explained that the City?s budget is over $100 million annually, and at least half of that is for capital projects, none of which the City does by itself.

Mayor McArthur announced that a groundbreaking was recently held for the new Tonaquint Center, and a groundbreaking was also announced for a new 400,000 sq. ft. Steton Technologies facilities in the Ft. Pearce Industrial Park.

HERITAGE DAYS ANNOUNCEMENT:
Mayor McArthur announced that the City?s 141st birthday was coming up. He invited Vonda Larsen, Chairperson of Heritage Days, to review upcoming activities.

Ms. Larsen distributed a flyer explaining the many events associated with Heritage Days, and invited the Mayor and Council to participate.

Mayor McArthur announced that the City is one of the oldest cities in Utah to receive a charter from the territorial legislature.

AWARD OF BID:
Consider award of bid for concrete slab jacking for the River Road bridge project.

Purchasing Agent Sue Swensen explained this contract is with Concrete Stabilization Technology through the State contract. The project was estimated to be under $25,000, but as the project progressed more repair to the bridge was needed and the contract exceeded the original contract amount. The final cost is $33,675. The project is now complete. She recommended approval.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve a contract with Concrete Stabilization Technology in the amount of $33,675. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for installation of a new steel floor at the Green Tank.

Purchasing Agent Sue Swensen explained this was an emergency situation for installation of a new steel floor for the green tank on the West Black Ridge. The vendor is ERO Stout Construction in the amount is $87,000.

City Manager Gary Esplin explained that as the contractor was getting ready to paint the tank it was discovered that the floor of the tank had deteriorated significantly. He authorized immediate repairs to enable the floor to be repaired in time for the summer season.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to authorize this emergency purchase in the amount of $87,000 with ERO Stout Construction. Mayor McArthur called for a vote, and all voted aye. The motion carried.


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Mayor McArthur explained that the City Council receives and reviews all bids over $25,000, but under the City?s Purchasing Ordinance, the City Manager is authorized to make emergency expenditures no matter what the amount, and the emergency expenditure is then presented to the City Council.

Purchasing Agent Sue Swensen explained there has to be three bids for any purchase over $1,000. Any purchase over $10,000 is advertised in the newspaper and sealed bids are accepted.

VACATING ORDINANCE:
Consider approval of an ordinance vacating the Pine View Commercial Center Subdivision plat.

City Manager Gary Esplin explained that this item was actually approved at the last City Council meeting, but in order for official action to be taken, an ordinance had to be prepared.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the ordinance.

City Manager Gary Esplin explained the reason for the vacation of the plat was to increase the size of some of the lots. An amended plat will be needed.

Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

AUTHORIZE ISSUANCE AND SALE OF SAN JUAN PROJECT REVENUE BONDS:
Authorize the City?s representative on the UAMPS Board of Directors to authorize the issuance and sale of San Juan Project Revenue Bonds in the maximum amount of $1,920,000.

City Manager Gary Esplin recommended that Phil Solomon be authorized to sign on the City?s behalf for the issuance and sale of revenue bonds for the San Juan power project. The City is a 52% entitlement partner in this project with UAMPS and other cities. This is an unbudgeted expenditure, but the overall savings over the life of the project is expected to be $20 million. The problem is that there are no operating funds to pay for it, and most cities want to do the funding through bonding.

A motion was made by Council Member Allen and seconded by Council Member Gardner to authorize Phil Solomon to authorize the issuance and sale of San Juan Project Revenue Bonds in the amount of $1,920,000. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that staff is not happy with the way UAMPS has handled this process, nor the manner in which this information was received from UAMPS. Our concerns have been expressed to them, and it is hoped this will not be a reoccurring situation.

SCHEDULE PUBLIC HEARING:
Schedule a public hearing to consider amendments to the Subdivision Ordinance.

A motion was made by Council Member Orton and seconded by Council Member Allen to schedule the public hearing for January 23, 2003 at 5:00 p.m. Mayor McArthur called for a vote, and all voted aye. The motion carried.

REPORT FROM BOARD OF EQUALIZATION FOR SID 99-1 AND ASSESSMENT ORDINANCE:
Consider adoption of an assessment ordinance confirming the assessment rolls and levying an assessment against certain properties in the City of St. George, Utah Special Improvement District 99-1, Washington County, Utah for the purpose of constructing a sewer outfall line within a portion of the municipality and other related improvements and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; and related matters.

City Manager Gary Esplin explained that this special improvement district involves extension of the Ivins outfall line, and there were no protests made to the Board of Equalization. It is therefore recommended the assessments stand as submitted.




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A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the assessment ordinance. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

ABANDONMENT RESOLUTION:
Consider approval of a resolution abandoning an easement in the Bloomington Hills #10 Subdivision.

City Manager Gary Esplin explained that the applicants, the McBrides, would like to combine two lots, and the City has received the required easements. Staff recommends approval.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

ABANDONMENT RESOLUTION:
Consider approval of a resolution abandoning an easement in the area of the new Walgreens store.

City Manager Gary Esplin explained that a water line in front of the store was relocated and put into another easement. Walgreens? would now like to have the easement abandoned to it. Staff has no problem with the request.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the resolution. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

ENGINEERING SERVICES CONTRACT:
Consider a request for approval of an engineering services contract with Bush & Gudgell to provide engineering design and construction management services for a drainage system in the vicinity of the Riverside Heights Subdivision.

City Manager Gary Esplin explained that the City has been planning to do storm drain work in this area as part of its overall storm drainage plan. This contract is for design work only in the amount of $15,500.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that this will be a new system and will not replace an existing system.

City Engineer Dave Demas explained that this system will intercept ground water drainage in the area.

City Manager Gary Esplin explained that the City does not bid professional contracts. It asks for proposals and evaluates those received. The City tries to spread out the work among the different engineering firms as much as possible.

ASSIGNMENT OF AIRPORT LEASE:
Consider approval of an assignment of an airport lease. Brent Bice, applicant.

City Manager Gary Esplin explained that Dr. Currie sold his hangar to Brent Bice and a transfer of rights is needed. The Airport Board recommends approval.

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

ENGINEERING AGREEMENT:
Consider approval of an engineering agreement for design of storm drain systems in the Green Valley and Indian Hills area.

City Manager Gary Esplin explained that there are drainage problems along Valley View Drive and funds were budgeted to resolve the problem and extend the storm drain line up Valley View Drive. This contract will allow engineering design to be completed. A contract with Rosenberg Engineers in the amount of $18,141 is recommended.


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A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONSULTING SERVICES CONTRACT:
Consider approval of a consulting services contract to comply with NPDES Phase II regulations.

City Manager Gary Esplin explained that a federal mandate, through the state, has been forced upon the City to comply with discharge permits required under the Storm Drainage Act. This is an unfunded mandate as there are no funds available to assist with compliance. This mandate was triggered once the City reached a population of 50,000. The City is required to submit a plan to show how it plans to address storm drainage, and it will need to proceed with the hiring of consultant. It is recommended that J-U-B Engineering be retained in the amount of $15,760 to assist with this service. He explained that once the City develops its plan it has to show a time line for implementation.

City Attorney Shawn Guzman suggested the time line be included in the contract.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Assistant City Engineer Jay Sandberg advised that there is flexibility in the program which will allow the City to use things the City is already doing which will apply toward the program. J-U-B has practical experience as they are on a committee in the Wasatch Front working with the State Engineer on how to implement this program, and they feel the City is already doing many things which will help in this program. They are recommending that a steering committee be formed to attain community support and satisfy requirements of the permit. Staff received proposals from two other firms, and feels good about J-U-B?s proposal.

PROPERTY DONATION:
Consider approval of a property donation to accommodate a bike/pedestrian trail.

City Manager Gary Esplin explained that the property in question is located next to the new Lilywhite Plant World along the Santa Clara River. As part of the negotiations with the property owners, Thompson & Dredge Properties, LLC, the City has agreed to build a wall.

Leisure Services Director Kent Perkins advised that the City agreed to work with the property owner with regard to the original alignment in front of their building, and agreed to help with their fence.

City Manager Gary Esplin advised that the agreement indicates the City will reimburse them for 967 linear feet of fence.

Mr. Perkins explained that if the property owners decide to put in a wall instead, the City will only pay the difference between the two.

City Manager Gary Esplin suggested that any action be subject to working out details of the fence and to make sure the provisions are included in the agreement.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to accept the property donation subject to working out details with regard to the
fence, and making sure the details are contained in the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

IMPROVEMENT DELAY AGREEMENT:
Consider approval of an improvement delay agreement for completion of public improvements.

City Manager Gary Esplin explained that the original master plan road alignment showed the road going through the middle of the Lilywhite Plant World property. The property owners, Thompson & Dredge Properties, LLC, agreed to move the road to the western most portion of their property, and they are requesting a delay improvement agreement so they not be required to install improvements until the road is actually completed. Staff recommends approval.


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

ACCEPTANCE OF DEED OF DEDICATION:
Consider acceptance of a dedication of roadway in the Sun River area.

City Manager Gary Esplin explained that at the request of Qwest, Sun River has agreed to dedicate 499 sq. ft. of roadway for expansion of telephone service in the area.

A motion was made by Council Member Orton and seconded by Council Member Gardner to accept the deed of dedication. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with Campbell and Associates to provide design, bid and construction oversight services for the renovation of the Millcreek building.

City Manager Gary Esplin explained that staff recommends approval of an agreement with Campbell and Associates in the amount of $12,208 to provide a general plan for changes to the building purchased in the Millcreek Industrial Park for relocation of the Parks Department.

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

O&M AGREEMENT:
Consider approval of an operation and maintenance agreement between UAMPS and Colorado Energy Management, LLC for the operation and maintenance of the Payson generation facility.

City Manager Gary Esplin explained the Water and Power Board recommends approval. The project is changing its name to the ?Nebo gas project?. The City is currently a partner in the project, and it has been determined that it would be best to hire an outside manager knowledgeable in this type of plant. It is proposed that Colorado Energy Management be hired to operate the plant for $320,000 a year, with $80,000 as an incentive bonus. The City is 13% of this project. The incentive is based on Colorado Energy Management?s ability to make the cost lower to use, and it should be made up in benefits to the City. He explained that the project is going forward, whether the City participates or not, and City staff is still evaluating some of the models on how to use the gas, but staff has not seen the final document.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held December 12, 2002.

A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as amended. 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 December 19, 2002.

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

PROPOSAL FOR SENIORS HELPING SENIORS:
Mayor McArthur advised that several residents propose creating a 501(c)(3) called ?Seniors Helping Seniors? to distribute donated wheelchairs, crutches and walkers at no cost to those who need them. The project will be run by volunteers. They would to temporarily set up a shed in the parking lot by the Doctors? Free Clinic, and eventually move into a facility at another location in a year or less. The parking lot is located on City property. There would be no storage of the materials on site, other than one or two devices to show the prospective user.

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City Manager Gary Esplin suggested that, if desired, the City Council could say they support the concept, but request a formal proposal.

PUBLIC HEARING/AMEND ZONES/ORDINANCE:
Public hearing to consider amending the PD Commercial and Open Space zones for the Tonaquint Center at 1600 South Dixie Drive.

Community Development Director Bob Nicholson explained that the property is located north of the Tonaquint Cemetery along Dixie Drive, and the amendment is almost a wash in terms of total area. There may be four to five feet of fill in some areas. He then displayed a site plan of the project. The Planning Commission recommended approval subject to (a) the property owner installing and maintain erosion control (rip rap) with an approximate 2:1 slope; (b) the City trail be located on the rip rap with a minimum 5' setback from the edge of the rip rap; and (c) compliance with the erosion control plan recommendations including the 25' building setback.

Council Member Whatcott inquired of staff if the proposed plan addresses the City?s concerns with the trail.

Leisure Services Director Kent Perkins replied that the property owner has agreed to work with the City as best as he can with regard to the corners along the trail, and the two in question appear to be worked out.

Gayle Maxwell, representing the owner, advised that problems with the trail have been worked out.

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

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the request, by ordinance, subject to the recommendations of the Planning Commission. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to PD Commercial for an athletic center on five acres located east of River Road on 1450 South Street.

Community Development Director Bob Nicholson explained that the General Plan shows this area as future commercial. In 1995 the site was designated as commercial with medium density housing. The proposed zoning is consistent with the General Plan. Phase One will contain an outdoor pool, four tennis courts, an indoor pool and fitness center, 216 parking spaces, and a 25' landscape setback as required by the PD zone. The Planning Commission recommended approval but felt the building was plain and could use some more work. The new site plan shows additional trees, and the plan facade has been broken up. He then displayed the new revised rendering.

Council Member Orton inquired if more commercial could be expected in this general location.

Mr. Nicholson replied that more commercial would be located toward River Road.

Council Member Whatcott commented that the proposed plan expands the area designated as commercial in the General Plan.

City Manager Gary Esplin replied that the General Plan has no real definition of zoned areas, and simply designates general areas. While the requested zoning may have expanded according to the map, in concept it is in the general area of what is allowed.

Steve Sheffield, applicant, explained he felt the health club would be a good transition between residential and commercial. He stated he wanted to preserve the corners for more retail use. The new stub road on River Road will tie into the existing road, and the old road now there will become part of the parking lot of the new facility.

Mayor McArthur inquired of Mr. Sheffield if he was still planning to donate property to the middle of the river to the City.

Mr. Sheffield replied that he had plans to do so, but it needed to be worked out. He advised that the Planning Commission wanted him to hide the commercial nature of the building, add more vegetation, and change the roof color. He also added a second

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entrance for a physical therapy segment of the club. A child care facility has also been incorporated into the plan .

Rick Whitington, representing the management entity of the club, introduced himself and advised that similar facilities have been built and are successful. The facility in Memphis has over 3000 members.

Council Member Whatcott commented that while he was still concerned with the tilt-up concrete construction which looks like an industrial building, the new concept is improved.

Mayor McArthur opened the public hearing.

Tracy Hickman advised that he lived behind the proposed facility on the ridge in The Boulders. He stated that while the facility is beautiful and well thought out, he was concerned about its failure. It is a commercial development venture and should it fail for some reason it would impact his home. The proposed plan actually doubles the original commercial area, and should the facility fail, he would be faced with a large area of commercial development in his back yard. He stated that while there is a transition zone provided for in the original plan, anyone who has walked the site knows it would be like building on a ramp, and in reality there is only one street?s worth of transition area between his home and the facility. The Boulders development contains high-end housing and such a small transition area from commercial to high-end housing would subsequently depress property values. He also expressed concern about lighting from the parking and tennis court areas and noise pollution issues. He stated, however, those issues were minor compared to the greater issue of a large expansion of commercial area in a high-end residential district.

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

Council Member Allen inquired about the distance between the back of the building and the toe of the hill.

Rick Rosenberg replied there was a minimum in excess of 350', and the PD units will step up.

Council Member Allen inquired why the facility was moved from the originally designated commercial area.

Mr. Rosenberg replied that the master plan is a bubble concept, and the exact position of a line is difficult to determine. Mr. Sheffield?s master plan is what they are following. The medium density would wrap around the project and provide a buffer.

Council Member Allen inquired about road changes.

Mr. Rosenberg replied that Mr. Sheffield and the City entered into an agreement years ago which described in detail how improvements will have to be made to River Road and 1450 South. This is the plan today and there is a time limitation on when the road has to be built.

Council Member Whatcott inquired if eventually the land will be raised out of the flood plain.

Mr. Rosenberg replied that material is being stockpiled because the geotech report requires significant work. The large pile will dissipate over time.

Mr. Sheffield replied that the acreage of the current plan is within an acre or so of the original plan, and there may be only a perception in difference. The facility was moved only slightly to accommodate parking as well as the public road in-between. Timing on relocating the intersection is something that is being discussed with Aron Baker.

Mayor McArthur advised that the agreement between the parties provides that the City will improve frontage on River Road and Mr. Sheffield will improve frontage on 1450 South.

Mr. Sheffield responded the agreement is that he will improve one side of 1450 South and the City will improve the other side, and he will honor the terms of that agreement. There is also enough distance between the facility and the back of homes for four homes and two roads.

Mr. Hickman inquired about the size of the proposed homes.

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Council Member Orton commented that the plan is for medium density.

Mr. Sheffield replied that the homes will average around 1,800 sq. ft., which is the minimum size allowed in The Boulders. The pricing range will be between $175,000 - $250,000.

Lynn Ryan, a homeowner near Mr. Hickman, commented she would prefer the roof be more of an earth tone and not bright green.

Mr. Sheffield displayed a sample of the roofing material and color, and advised the roof will be dark green.

Council Member Allen inquired about lighting.

Mr. Sheffield replied that he lives on the ridge too, and is planning on down-type lighting for the tennis courts and parking lots. The project will be heavily landscaped all the way around.

Mayor McArthur commented this lighting is generally referred to as directional lighting.
He then called for a motion.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the request by ordinance. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 and Open Space to PD Residential on 12.73 acres located north of Bloomington Country Club Phase 7 between Los Padres Drive and Kolob Drive.

Associate Planner Mark Bradley displayed a conceptual plan of the area, and advised that the developer would like to rezone the area and reduce the width of the road from 50' to 41' and make it a gated, private street in order to make two additional lots on the site. The Hillside Review Board reviewed the request and made recommendations. The Subdivision Ordinance states that private streets shall not be approved except when public dedication is unnecessary as determined by the City Engineer. City staff is willing to reduce the road width from 50' to 45' as it is considered a hillside road. The applicant is not satisfied with this recommendation and wants a 41' private road. A request was made to the Planning Commission to accept a private street community. The applicant has filed an application to include some existing R-1-10 with some Open Space for a total of 12.73 acres in the PD zone. Issues discussed at the Planning Commission included gating the street. The General Plan states that the City will avoid cul-de-sacs, and staff recommends that there should be a public street through the project. The applicant proposes a key entry area for the gated road off of the cul-de-sac. The Planning Commission recommended approval, disagreeing with staff?s position, subject to four conditions: (a) pedestrian access remain open; (b) drainage issues be resolved with the final plat; (c) both cul-de-sacs are built and dedicated to the public; and (d) the key pad for the private gate be located outside of the public right-of-way. Staff still recommends the road be public without entry gates, and at least a 45' road be required.

Council Member Allen commented that the road would have to be built to City standards.

Council Member Gardner commented that a public street cannot be gated.

Council Member Allen replied that there is already an existing development in this area, and the new development would be adding a street to roads which are already public.

Council Member Gardner commented there are other gated communities in Bloomington.

Council Member Orton replied that Pheasant Run is located outside of Bloomington and is a separate subdivision.

Council Member Allen commented that Pheasant Run did not have to be accessed through another subdivision.

Frank Lindhardt, general manager of the developer of the property, made a power point presentation and advised that the property was purchased from State Trust Lands, and the street has nothing to do with the gate. A gated street has always been

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the intent from the beginning, and there is a need for a small gated community. The reason State Trust Lands had the property zoned R-1-10 was simply to sell it.

Council Member Allen advised that State Trust Lands presented a plan for the property.

Mr. Lindhardt replied that the proposed lots are all the same size or larger than R-1-10 zoning and the project is compatible. If the road were left where proposed, this would lead to scarring of the hillside and this is the primary reason it was moved off the hill. A hillside access road of 41' is allowed by ordinance to prevent scarring of hillsides. All homes will be custom homes. The Hillside Review Board unanimously approved the request subject to certain conditions which have been agreed to. The Planning Commission unanimously recommended approval with certain conditions, which also have been agreed to. There is no connectivity between the adjacent blocks because this project is against a hillside. Gates are needed to prevent crime and to make the residents feel more secure as Bloomington has the third highest rate of vehicle thefts in all areas of Washington County, and a gate is simply an extension of the front door. The private street will be maintained. This area has a major problem with drainage, and the project will solve this problem for the entire area with a large detention pond located next to the swimming pool. A gate is an important part of the development concept. He advised that this subdivision is a separate subdivision and not part of the Bloomington subdivision.

Mayor McArthur explained that a hillside access road is for access, and not to be used as a street with homes.

Associate Planner Mark Bradley advised that a 45' road is considered a hillside local street, and 41' is considered as actually going up a hillside, much like the Airport Road or Webb Point. Staff does not feel that a 4' difference in road width is going to scar much of the area. In 2000 staff recommended, as part of the zone change, that there should only be single loaded development in this area because of the rock fall. One member of the Hillside Review Board commented he would not think of putting homes there, but he abstained from voting.

Mayor McArthur questioned whether the sample homes shown would have to be the exact homes built, as that is one of the purposes of a PD.

Mr. Lindhardt read from the Subdivision Ordinance, and commented that a PD deals with sizes and color, rather than with specific shapes of homes. He stated the proposed subdivision would contain custom, not cookie cutter, homes.

Community Development Director Bob Nicholson explained that a PD requires elevations showing the building and roof type and exteriors. Stonecliff?s PD presentation contained four to five renderings, and homes there do not all look the same but they are constructed of similar materials. He explained that the ordinance was drafted to deal more with townhomes and condos rather than with single family homes.

Council Member Gardner commented that with regard to the road width, the justification for the narrower road was to avoid impacts. The Zoning Ordinance says that a PD text shall indicate the type, character and proposed height of all buildings. A plot plan and elevation may be prepared to help consider the proposal.

Mr. Lindhardt replied that his application contained all of these. He commented he would be happy to go with the 45' road, as the gated road is the main issue.

Mayor McArthur opened the public hearing.

Alan Wright, a resident in the neighborhood of the proposed development, expressed concern with the proposed 41' road and stated he was glad the developer agreed to a 45' road although he still did not think 45' was wide enough. He expressed concern about drainage and how the developer?s drainage plan would be developed as this was important to those down the street. He suggested access to the project be made off Tonaquint rather than Escalante or Kolob.

Ron Barden, a resident of Los Padres, suggested the entrance be made from Tonaquint. He expressed concern about the drainage plan because the existing pond has blown out the dirt dam at least twice.

Jim Raines, representing the developer, advised that he worked with SITLA on the original zone change and SITLA originally wanted access off Tonaquint, but the two stub streets just end without adequate turn-around, and this precluded access off

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Tonaquint. This issue was forced upon the developer by the way the previous subdivision was developed and is an existing condition which they are trying to solve. The City built a temporary detention basin at the end of Los Padres and this will be significantly upsized by 20 times. Additional drainage off the hill will be caught and taken through the roadway and diverted to the detention basin.

Ron Barden commented that the larger dam would help hold more water, if the load factor will hold, but the breaking of the dam is as critical as the holding of water. There is a jog of land in the center of the development which the developer plans to sell back to adjacent homeowners, and he requested the same right. The original developer was going to give this land to the owners, and while he was not asking that it be given to him, he would like to purchase 10 feet of this land to preserve his vegetation.

Phyllis Hintner, a resident of Los Padres, stated she felt it was odd the development would have an entrance open for pedestrians but closed for traffic, and she could envision cleaning ladies and workers parking down the street unless someone is available to let them in. Further, this will make Los Padres a delivery route. She expressed concern about access for fire trucks and other emergency equipment. She expressed concern about the narrowness of the road and that there was no off-street parking other than in front of the garages. She advised that she had a lot of experience in real estate development and she was worried about the traffic and the fact there would only be 25 people to take care of the private road. She also expressed concern about water and flash floods. She stated she wanted to see a formal drainage system plan, and if the plan is good, it would be a good project.

Mayor McArthur advised Ms. Hintner that the developer has to take care of his own drainage water and it cannot run off onto her property.

Ralph Lauren advised that the proposed properties will drain into the area, and this must be taken care of. He commented that a gated community would not work and will cost too much, and the proposed width of the road will not allow moving vans into the area. He stated that the City will be left in a double jeopardy situation when the developer leaves town and does not take care of his development. He commented the proposed project does not blend into the system, and it is really a mini Sun River concept, not a Bloomington concept.

Jeff Hintner, a former home builder from Colorado, inquired who would be responsible to take care of flooding problems if the developer moved away when the development was finished or the project changed hands.

Lloyd Paulson, a Civil Engineer and former Deputy City Engineer for Los Angeles, advised that the engineer for the state previously determined that the property in question was not feasible for development, not even as part of the original development. He advised that he served on a committee responsible for development of the hillside standards for the City of Los Angeles, and he had experience mapping the Santa Monica Mountains. It was his opinion that the rocks above the property in question are going to move, and he inquired what the City was going to do to protect those who lived beneath the rocks. He stated that most of the homes around the development are around 4,000 sq. ft., and this project will not be an upgrade to the area, but a downgrade. He stated the suggestion for a connection to Tonaquint was a good one, as the project could still have its gate and additional parking space adjacent to Tonaquint.

Gene Scott advised that he lived across from the proposed development on Escalante. When the property was originally planned for development by State Trust Lands, there was a big discussion about the drainage from the hill and how it was going to be addressed. He stated he did not see anything addressing a flood as there is only curb and gutter on one side of the street. He stated that water eroded the edge of the roadway even after it was repaved a few years ago, and there has not been a lot of good planning done for run-off. He stated he also did not see easements for water between the properties and homes. He stated that in the case of fire, he had doubts whether a hook and ladder truck could get around either corner in the proposed development, especially with gates. He inquired where mail delivery would be set up, and he expressed anger that the developer had the audacity to want a gate for a three block area. He stated that a PD allows substandard things because it is private, and landscapers maintaining the properties will be traveling the narrow road all the time. He stated he was depending on the City Council to deny the request.



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January 9, 2003
Page Eleven

Sam Pinnell, a resident of Escalante Drive, stated that walk-out basements will require the land to be raised. He questioned the placement of walk-out basements on the side adjacent to the existing homes and on such small lots.

Community Development Director Bob Nicholson stated that staff is concerned about the private road and long term maintenance. He stated the idea of gates is isolating, and this is not the right place to do it.

Council Member Orton inquired about improvements to drainage in the area.

Mr. Nicholson replied that drainage will come as part of construction improvements, and will be a major issue as part of the preliminary plat and is separate from zoning issues.
He commented there were serious drainage issues which will take a lot of time to sort out. The issues before the Council now are zoning, road width, and gates.

Council Member Allen commented that when State Trust Lands first brought their proposal to the City, there was a lot of talk about rock fall and the possibility of more.

An unidentified man in the audience commented that there was rock fall last year.

Lloyd Paulsen commented that he served on the Hillside Review Board for eight years, and no member of that committee is in favor of this project.

Mayor McArthur advised that the plat will indicate there is a possibility of rock fall.

Jim Raines advised that geotech and rock fall studies have been done. Four areas of potential rockfall hazard were identified and these rocks will be removed. Beyond that, it is felt the hillside is stable and adequate. The applicant has made a commitment that he will put a note on the plat identifying the potential for rock fall, but the study does not indicant any danger.

Council Member Orton inquired how much of the property in question is currently zoned open space.

Associate Planner Mark Bradley advised that over three acres is open space.

Mr. Lindhardt advised that he was increasing the amount of non-buildable area by an acre.

Kent Bankhead, a resident of Escalante Drive, commented he felt the proposal would be a good development if it was built according to plans, but he was insulted that the project was proposed to be gated. The neighborhood is friendly and has zero crime. He stated it was an insult that new people coming to the area will use public streets to access their private one, and the rest of the neighborhood will be locked out of their area. He expressed concern about the drainage, and inquired if the project would have curb, gutter and sidewalk.

Mr. Lindhardt replied that the project will be built to full City standards all the way through.

Mayor McArthur then closed the public hearing.

Council Member Gardner commented that philosophically the City Council has had debates on gated communities, and has chosen to allow them in appropriate places. He inquired if there were a policy to dictate the size of gated communities, and if so, if this project met those guidelines and was an appropriate setting for a gated community. He inquired if there were guidelines available to follow rather than having to make an arbitrary decision.

Community Development Director Bob Nicholson replied that this decision is a Planning Commission and City Council judgment call. There is no policy, but most gated communities consist of 350 to 700 acres. Because this project is a part of a neighborhood, it is not appropriate.

Council Member Gardner inquired if fire access had been looked at.

Police Chief Marlon Stratton advised that the police have had difficulties with gated communities and their pass codes. He advised that Fire Chief Robert Stoker has experienced the same problem. Access to gated communities can be difficult and reduces response times.

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Page Twelve

Council Member Allen commented that according to the Police Department monthly reports, this area of Bloomington is always the lowest in crime.

Chief Stratton commented that the Bloomington area is the second lowest crime area in St. George.

Mr. Lindhardt commented that the challenge he faced was that many buyers are from outside the area and come with preconceived notions of crime.

Mayor McArthur commented that some times it is best to integrate into the community rather than separate from it.

Council Member Gardner inquired if all lots met R-1-10 standards, and he was advised that they did.

A motion was made by Council Member Orton to deny the request, yet include the open space into the R-1-10 zoning if desired by the applicant.

Council Member Gardner inquired of staff the minimum width for a public road. He was advised that it is 50'.

Council Member Orton commented that his motion included the provision that the road be 45'. The motion was seconded by Council Member Whatcott.

Council Member Allen requested clarification of the motion. She was advised the motion was for denial of the zone change with the option of including Open Space in the R-1-10 zoning, and approval of a 45' wide public street with no gates.

Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

Associate Planner Mark Bradley clarified that 4,000 sq. ft. of open space would need to be changed to R-1-10 for the two lots.

Council Member Whatcott commented that was fine as long as the zone change qualifies through the Hillside Review Board and does not infringe on the hillside.

Jim Raines advised that the Hillside Review Board approved the plan. The back lot line will not change, and the road will be increased to 45'.

ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING:
A motion to adjourn to a Neighborhood Redevelopment Agency Meeting was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Gardner declared a conflict of interest and excused himself from the meeting.

RECONVENE:
A motion to reconvene was made by Council Member Orton and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

DOWNTOWN PARKING STRUCTURE AGREEMENT:
Consider approval of an agreement for City participation in the funding and maintenance of the proposed downtown parking structure.

A motion to approve the agreement was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING:
TEFRA hearing to receive comments and input regarding the issuance of the City of St. George, Washington County, Utah, Housing Revenue Bonds, Series 2003A.

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

Council Member Gardner returned to the meeting.


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January 9, 2003
Page Thirteen

City Attorney Shawn Guzman advised that while the agenda language was incorrect in advertising the bond in the amount of $30,000,000, the correct amount, $35,000,000, was published in the newspaper as required.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider amending the General Plan for property located at the southwest corner of Indian Hills Drive and Valley View Drive.

Community Development Director Bob Nicholson explained the property in question consists of .99 acre and is a triangular piece of property bordered by Indian Hills and Valley View Drive. The General Plan designates the site as medium density residential, and the neighborhood is high density. Willow Run contains nine units per acre, and the applicant is requesting 12 units per acre which requires a General Plan amendment. The Planning Commission recommended approval. Concern was expressed at the Planning Commission meeting about the over-saturation of housing and density in this area. There will be access off Indian Hills, the units will be four-plexes and two stories. If the General Plan amendment is not approved, the applicant will have to delete three units.

Mayor McArthur commented that a leaky irrigation line in the area may need to be addressed before this project is constructed.

Russ Gallian, representing Ence Construction, advised that his client agreed to provide a 15' easement, and the leaking irrigation line has been fixed.

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

A motion was made by Council Member Whatcott and seconded by Council Member Orton to deny the request. Mayor McArthur called for a vote, as follows:

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

The motion carried.

PUBLIC HEARING/PARKING REQUIREMENTS FOR TELEMARKETING/ORDINANCE:
Public hearing to consider approval of parking requirements for call
centers/telemarketing centers.

Community Development Director Bob Nicholson explained that this item was tabled from a City Council agenda in December in order to do more research. He and Mark Bradley visited two call centers and took measurements. Staff recommends that one parking space be provided for each employee on the highest shift or one space per 100 sq. ft. of gross floor area, whichever is greater, except that call centers occupying no more than 20% of a building?s total floor area (or 20% of an office parks?s cumulative floor area) up to 2,000 sq. ft. maximum shall provide at least one space per 250 sq. ft. of gross floor area.

Council Member Gardner commented that while he agreed the City was moving in the right direction, there is difficulty in defining what a call center is. He expressed concern about the vagueness of the language and how it could be defined.

City Attorney Shawn Guzman advised that he could draft a definition of a call center.

Mr. Nicholson advised that the call centers he looked at contained 4 x 4 cubicles, and it was clear to them that the business was a call center as all the employees were on the phone, not in the internet. However, a definition would be good in case of a dispute.

Mayor McArthur stated that it would not matter if the employee in a 4 x 4 cubicle were on the phone or the internet, there would still be a parking problem.

City Attorney Shawn Guzman advised that the definition could perhaps have something to do with density and the number of employees per sq. ft. This way any employer who has one employee per 100 sq. ft. would be covered.

Mayor McArthur opened the public hearing.


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January 9, 2003
Page Fourteen

Clay Huntsman, representing Assail, advised he was hoping for a minimum of 150 sq. ft. His client will be grandfathered in, but its lease runs out next year and they want to be sure the ordinance is doable for them. They are a large employer with over 300 employees.

Jason Griffith with NAI agreed that a definition was needed as there are other types of high tech internet or software companies with just as tight quarters. In the last six weeks six call centers have leased in St. George, with a majority of them leasing 3,000-4,000 sq. ft. He recommended that the percentage limits be reduced to 15% and the square footage raised to 3,000 sq. ft.

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

Council Member Allen commented she did not want to set any limits that would discourage businesses from coming to St. George.

Mr. Griffith advised that his proposal would be better for business.

City Attorney Shawn Guzman advised that the ordinance can always be changed.

A motion to approve the ordinance as presented by staff was made by Council Member Orton. The motion was seconded by Council Member Whatcott subject to a conversation about the 15% proposal.

Mayor McArthur advised he did not accept Council Member Whatcott?s second. The motion, therefore, died for lack of a second.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the ordinance with a lowering of the percentage to 15% and raising the square footage to 3,000 sq. ft. Mayor McArthur called for a roll call vote, as follows:

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

The motion carried.

PUBLIC HEARING/AMEND PARKING REQUIREMENTS FOR NURSING HOMES/ORDINANCE:
Public hearing to consider amending the parking requirements for nursing homes/assisted living centers.

Associate Planner Mark Bradley explained that skilled (long term) care requires additional employees and therefore increased parking compared to assisted living centers. The current requirement lumps nursing homes, care centers and assisted living centers together and requires one parking space for each three beds. Staff recommends one parking space for each two beds, but the Planning Commission felt even more parking should be required for skilled care facilities.

Mayor McArthur opened the public hearing.

Karen Brown, representing the Meadows, suggested keeping the parking requirement at one space for each three beds for assisted living centers.

Mr. Nicholson explained that the ordinance would not be retroactive, and would affect some centers? ability to expand without providing new parking.

Gloria Shakespeare inquired how the proposed ordinance would affect homes being turned into care centers. There are several located on 650 South and 700 South within a block or two of each other. These care centers also create congestion in neighborhoods due to employee and visitor parking.

Dorothy Norton commented that Rose Crest, for instance, has six to seven patients and provides 24 hour care.

Community Development Director Bob Nicholson replied that if the facility met the definition of a nursing home, the ordinance would apply. Group homes, and other facilities which care for the elderly, are conditional uses, and the City Council can look


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January 9, 2003
Page Fifteen

at those in terms of how many people are being cared for in the home, parking needs, etc.

Associate Planner Mark Bradley explained that in a multi family zone the State requires that homes for the elderly be permitted as long as they meet certain criteria, i.e. no closer than 3/4 mile to each other, they are permitted to have up to eight persons, and they are supposed to fit into the residential neighborhood. The home could not be changed to add parking.

City Attorney Shawn Guzman advised that the State has removed the radius requirement from the statute.

Associate Planner Mark Bradley commented that the City?s Zoning Ordinance still contains a 3/4 mile radius requirement, and the City?s ordinance can be more restrictive than the State requirement.

City Attorney Shawn Guzman commented he did not know if the 3/4 mile radius requirement could be enforced. However, the parking requirement could be enforced.
He advised that the exterior the facility must look like a home, parking has to be in the rear, and the footprint of the home cannot be changed. He clarified that the law does distinguish group homes from businesses, and there must be accommodations made for group homes so that they are available to those who need them. Parking is an issue, however, and the City can make stipulations and requirements concerning parking.

Council Member Whatcott clarified that this ordinance amendment would not apply to individual homes. He was advised this is correct.

Council Member Orton commented that individual homes will be looked at individually as conditional use permits.

Associate Planner Mark Bradley commented that he spoke with the State this morning and they support whatever the cities have as guidelines.

City Attorney Shawn Guzman commented that because of requirements enforced by the City and State with regard to how much square footage is needed, this limits the number of people who can live in the home and the number of employees.

Council Member Whatcott commented that perhaps one parking space for every three beds was not sufficient.

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

Council Member Whatcott commented that in addition to requiring one parking space for each three beds, most cities in Utah require one parking space for each employee on the highest shift. Perhaps this should be addressed in the City?s ordinance too.

Council Member Gardner commented that staff?s recommendation is one parking space for every two beds. He made a motion to require one parking space for every two beds in a skilled care facility, and one parking space for every three beds in a nursing home.

Community Development Director Bob Nicholson clarified that the City?s ordinance currently requires one parking space for every three beds in an assisted living center, and staff is not proposing that this be changed. Staff recommends that skilled care facilities be required to have one parking space for every two beds, although the Planning Commission wanted more parking.

The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried.

PUBLIC HEARING/PARKING REQUIREMENTS FOR RESTAURANTS/ORDINANCE:
Public hearing to amend the parking requirements to require parking spaces for restaurants with outdoor seating, and to prohibit the parking of vehicles on front lawn areas in residential zones.

Community Development Director Bob Nicholson explained that a public hearing on this matter was held at the last City Council meeting, but the required ordinance was inadvertently left off the agenda, so the public hearing was continued until tonight. The proposed new requirement is that outdoor seating at a restaurant have one parking space for each hundred square feet of outdoor seating or one parking space per four


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January 9, 2003
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chairs of outdoor seating, whichever is greater. If a restaurant adds outdoor seating at a later date, they would have to meet the parking standards.

Council Member Gardner commented that it seemed arbitrary to try and identify outdoor seating.

Mayor McArthur opened the public hearing.

Community Development Director Bob Nicholson explained that the second part of the ordinance deals with prohibiting the parking of vehicles on front lawns, including trucks.

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

A motion was made by Council Member Allen to approve the ordinance. The motion died for lack of a second.

Council Member Gardner questioned how the outdoor area would be defined, and commented the ordinance language should state ?whichever is less,? rather than ?whichever is greater.? He suggested the square footage requirement be deleted.

Council Member Whatcott commented he had a problem with the only requirement being the number of chairs, as square footage would be easier to enforce and could be noted on the site plan. To solve the problem he suggested that the phrase ?whichever is greater? be eliminated from the proposed ordinance.

Council Member Gardner commented that there would still be an issue of how much patio area could be considered seating for restaurants.

Council Member Whatcott commented that if a restaurant built a patio, odds are that the restaurant would want to use it for seating. When that happens, the requirement of the ordinance would kick in and the restaurant would then have to have the required number of parking spaces. If there are no tables on the patio, then the additional parking will not be needed.

City Attorney Shawn Guzman commented there are restaurants which have seating outside for those waiting to be seated, and the intent of this ordinance amendment is not to include this in the parking requirement.

A motion was made by Council Member Orton to approve the ordinance as presented, but deleting the phrase ?whichever is greater.? The motion was seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. The motion also included approval of the prohibition against vehicles parking on front lawns.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a new intermediate school on the southeast corner of Mall Drive and 270 South Street. Washington County School District, applicant.

As