City Council Minutes

Thursday, July 11,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 11, 2002, 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 Sharon Isom
City Manager Gary Esplin
Deputy City Attorney Ron Read
City Recorder Gay Cragun

EXCUSED:
Council Member Larry Gardner

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by City Manager Gary Esplin and the invocation was offered by Council Member Orton.

Mayor McArthur announced that Item 6A7 to consider a request for approval of a conditional use permit for an RV park for 55 and older in a mobile home zone at approximately 2000 South and east of 2580 East would be tabled until the July 25, 2002 City Council meeting.

COMMUNITY EDUCATION CHANNEL PRESENTATION:
Stan Everett announced that the Community Education Channel is the recipient of an Emmy for sports broadcasting and is the only two year program in the United States to do so. The Community Education Channel also received a Telly, a major national award, earlier in the year.

VIDEO UPDATE:
Marc Mortensen presented a video update on several departments within the City and Skywest Airlines.

Mayor McArthur again announced that Item 6A7 was tabled from this agenda and will be considered at the City Council meeting to be held July 25, 2002.

AWARD OF BID:
Consider award of bid for the purchase of S&C fuses for the Power Department.

Purchasing Agent Sue Swensen presented two bids received:

Western States Electric $49,775
Northern Power $57,200

She recommended award of a blanket purchase order to the low bidder, Western States Electric, in the amount of $49,775.

A motion was made by Council Member Isom and seconded by Council Member Orton to award a blanket purchase order for S&C fuses to Western States Electric in the amount of $49,775. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of glass beads for the Streets Department.

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July 11, 2002
Page Two

Purchasing Agent Sue Swensen explained that glass beads are mixed with paint to make it reflective. She presented two bids received:

Safety Supply & Sign $29,001.60
Potters Industries, Inc. $29,754.00

She recommended award to the low bidder, Safety Supply & Sign, in the amount of $29,001.60.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, Safety Supply & Sign, in the amount of $29,001.60. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of chemicals and fertilizers for all City departments.

Purchasing Agent advised that bids were received from Simplot Partners, Helena Chemical, and Steve Regan Company. She recommended that blanket contracts be established with each vendor in an amount up to $200,000 each for the year. Departments will be advised to use the low bid for each item.

A motion was made by Council Member Orton and seconded by Council Member Allen to award blanket contracts to Simplot Partners, Helena Chemical, and Steve Regan Company in an amount up to $200,000 each for the year. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider approval of a professional services contract for a Conservation Coordinator for fiscal year 2002-2003.

Purchasing Agent Sue Swensen recommended award of a professional services contract to establish a blanket order for the next year in an amount not to exceed $24,000 with Community Links.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve a professional services contract with Community Links in an amount not to exceed $24,000 for this fiscal year. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.




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Page Three

CHANGE ORDER:
Consider approval of a change order for professional services to Parsons Brinkerhoff for the Dixie Drive bridge/Heritage Village Subdivision road modification design.

Purchasing Agent Sue Swensen recommended approval of a change order in the amount of $11,240.82.

City Manager Gary Esplin explained this change order is for additional services not anticipated at the time the contract was let. A new access is being designed and one is being eliminated.

Public Works Director Larry Bulloch commented that this change order is in response to public input received when the bridge was designed. The City is waiting for clearance from FEMA with regard to flood plain issues.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the change order in the amount of $11,240.82. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider approval to purchase police vehicles for fiscal year 2002-2003.

Purchasing Agent Sue Swensen recommended purchase of six Crown Victoria police vehicles through the State contract with Butterfield Ford in the amount of $132,030.

Council Member Orton inquired if local dealers were given an opportunity to bid.

Ms. Swensen replied that police vehicles with all the required equipment are only available through the State contract.

City Manager Gary Esplin explained that the requisition is dated in the last fiscal year and the City has already placed its order contingent on this action in order to realize a savings of $1,500 per vehicle.

A motion was made by Council Member Allen and seconded by Council Member Isom to approve purchase of six police vehicles through the State contract with Butterfield Ford in the amount of $132,030. Mayor McArthur called for a vote, as follows:

Council Member Allen - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of bowls, tube and shaft for inventory for the Water Department.

Purchasing Agent Sue Swensen advised that bid packages were sent to five vendors, but only one bid was received from Cutler Pump in the amount of $31,494.48. She recommended award of the bid to Cutler Pump in the amount of $31,494.48.

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City Manager Gary Esplin explained that having these extra parts on hand will save the greens, tees and fairways at the Sunbrook Golf Course in case a well goes down.

Ms. Swensen advised that she contacted the other four vendors to find out why they did not respond to the bid. One vendor just recently located the bid package, one vendor failed to mail his bid, and the other two did not return her calls.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to Cutler Pump in the amount of $31,494.48. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 9, Chapter 3, St. George City Code, repealing Tonaquint Cemetery provisions for burial rights for veterans.

City Manager Gary Esplin explained staff's concern from an operational standpoint is that it has become very difficult to maintain the current operation with the loss of revenue to the Cemetery Fund. The City's intent at the time of implementation of this program was to recognize the veterans for their service, and this is still appropriate to do. It is now proposed to recognize them by erection of a memorial to recognize all veterans, those currently interred in both cemeteries, and allow the families or others to have the veteran's name engraved on the memorial. The City does not wish to detract from the existing monument, but to add to it. The City would like to do this in conjunction with the veterans organizations and would like to dedicate the new memorial next Memorial Day. This memorial will recognize the veterans more visually than by providing them with a free plot.

Marc Mortensen advised he would visit all veterans groups and explain the project to them.

Mayor McArthur commented that the City's current method of recognizing veterans does not treat all veterans the same, and in order to make it more fair for all, this new program is being proposed.

Ed Hansen stated he felt it was unfair to take away the free plot program, and the proposed memorial project does nothing to help veterans.

Samuel Van Horn stated that veterans are due thanks for the service they gave not in just words, but in substance. He stated he felt veterans gave of their time and should now receive something, and to do away with the free plot program is a slap in the face.

Mayor McArthur commented that the City is the only community in the State of Utah, or anywhere that he knows of, that provides a free plot to veterans.

City Manager Gary Esplin commented that the City's intent is to allow the community to recognize veterans' contributions visually through a monument. Further, the City's present policy is not fair to the veterans who have already passed on or have plots in another cemetery. They should all the treated the same, and a memorial will do this.


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Page Five

Council Member Isom commented her husband served in the Korean War and they own plots in the old cemetery. He commented he would rather be buried with his family and have his name on a memorial.

A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Isom - aye
Council Member Orton -aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to receive public comments and review of the proposed Sand Hollow regional pipeline and alignment for said pipeline.

Ron Thompson, Washington County Water Conservancy District, explained the concept is a joint project between the Water District and St. George, Washington, Santa Clara and Ivins. The project will bring a water supply from of the Sand Hollow/Quail Creek system to last for 20 years in terms of transmissions capability, and to supply the west side of the County with a stable water supply. He explained that the City's current 36" line is running at capacity. This proposal is to bring a 60" line from the Quail Creek treatment Plant to the south side of the river south of the Millcreek Industrial Park, cross the river with a 30" line and extend it to the highway up across Skyline Drive, with a 24" line from there to the Snow Canyon tank. The intent is to supply the water for the first four years out of wells the District has drilled in the Sand Hollow area. St. George will then expand the water treatment plant and the treated water will supplement the additional growth occurring within this area. Public input is desired for the scoping portion of the environmental assessment so that environmental concerns can be addressed.

Brent Gardner, design engineer for the project, presented a power point presentation of the alignments considered and the proposed alignment.

Sheridan Hansen, Washington County Water Conservancy District, advised that because the proposed line crosses BLM land, an environmental assessment is required. The pipeline will lie within a 50' corridor through Purgatory Flat therefore avoiding most environmental problems by staying within that corridor. The remainder of the line is within road rights-of-way and through the preserve within the tortoise fences. Environmentally, a route has been chosen which avoids most problems. Scoping is required as part of an environmental assessment to gather public comment about the issues the water line will create, such as endangered species, endangered plants, archaeology, etc. He distributed a hand-out describing the route of the pipeline and requesting public comment. The handouts were also distributed to members of the audience.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-1-10 to C-3 for 1.42 acres located at 360 East Riverside Drive. Morley and McConkie, applicants.

Community Development Director Bob Nicholson explained that the subject property is located along Riverside Drive between the Riverside Apartments and the R. O. Brown Professional Office Building to the south and west. The frontage of Riverside Drive is already zoned C-3, and the applicants are asking for this zoning to extend to the location of the City's trail. The Planning Commission

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recommended approval subject to submittal of an erosion control plan and complete the erosion control that links the apartments to the north with the R. O. Brown building. They have installed their erosion control, so the applicants would have to do similar erosion control improvements.

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

Council Member Whatcott questioned why C-3 zoning was being requested when C-2 zoning would still accomplish everything the applicant wants to do.

Stan McConkie, applicant, advised the reason C-3 zoning was requested is because existing zoning on most of the property is already C-3, and the intent was to unify the zoning. Development will consist of an office park and will be general office as permitted by C-2, therefore C-2 zoning would be fine. He stated he would have no problem with C-2 zoning of the entire parcel.

Council Member Whatcott made a motion to approve the zone change to C-2 by ordinance. The motion was seconded by Council Member Allen.

Mayor McArthur advised that the request is only for the back portion, and the front portion cannot be changed at this time. He then called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from RE-20 to RE-12.5 for 40 acres located south on Little Valley Road at about 2800 South Street. Joseph Staska/Stephens Family Trust, applicants.

Community Development Director Bob Nicholson explained the subject property is located on the west side of Little Valley Road east of The Knolls Subdivision. There have been a number of land trades in the past between this property owner and the School District, and now there are land trades proposed between the School District and the City. The property complies with the existing and proposed Master Plans.

Council Member Orton inquired if RE-12.5 zoning would allow one large animal.

Mr. Nicholson replied that it would, although most do not have large animals on lots that size.

Joseph Staska, applicant, advised that the zone change request is less than is authorized under the proposed Master Plan.

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

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the zone change as requested by ordinance. Mayor McArthur called for a roll call vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye


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Page Seven

The vote was unanimous and the motion carried.

PUBLIC HEARING/GENERAL PLAN/RESOLUTION:
Public hearing to consider approval of the updated General Plan and Land Use Map for the City of St. George.

Community Development Director Bob Nicholson followed up on revisions to the plan suggested at the last meeting. The land use density table was corrected to designate R-1-7 as medium density residential. There is a proposed revision to The Ledges to address a buffer. The applicants' revised plan shows a series of one acre lots adjacent to Winchester Hills and the JEL Subdivision consisting of a 200' buffer. In the Little Valley area, based on comments received it is proposed that rural residential zoning be extended. Rural residential is defined as anything up to two homes per acre. A person should not feel entitled to that zoning, however, as the City Council and Planning Commission have to look at the site-specific conditions to determine what the appropriate density should be. He advised that the City is hoping to conduct a study to further define the South Block area, as right now it is highly conceptual. There are some minor commercial nodes on Snow Canyon Parkway in the Entrada area and at the intersection with Dixie Drive, 1400 West and Highway 18. When the zoning application comes in, the City Council will have to make decision on whether the proposed uses are correct. There are additional maps which will be included in the published report. The Downtown Committee has done a lot of work and the proposed plan tries to support their proposals. The area from 700 East to 500 East is proposed to be classified as low density residential, even though part of it today is zoned R-2.

Mayor McArthur opened the public hearing.

Gloria Shakespeare, a member of the Neighborhood Enhancement Committee, advised that research was conducted of the area from 100 South to 700 South and from Bluff to 700 East to identify owner-occupied homes, rentals, apartments and condos, and density levels. Maps of the area were displayed.

Ross Taylor advised he and Jim McArthur conducted a study of the area from Bluff Street to 200 East and from the Blvd. to 700 South to determine density and type of occupancy. This area consists of 30 blocks out of 170 in the downtown area. He expressed concern with density as well as use. Within the 30 blocks there is an average density of 45 units per block, which is high density for the zoning. There is a concern about the increasing number of units changing from owner-occupied to rentals. Rental units are about equal to owner-occupied units in this area. With that high density of rental units, there is a high turnover which shows up in the school system and influences lifestyle and quality of life. He suggested that a rental ordinance be adopted.

Jim McArthur advised that of the nine blocks in the center section which are R-1-8, not one qualifies for R-1-8 zoning today. With an average of over 40 units per block, the density is much greater than it should be. Part of the problem with West Elementary today is a result of what has taken place in this area. Also, there are many homes zoned R-2 that are currently being used as R-1 homes, and the recommendation is that the homes should be left as they are now - a single family dwelling. There is an opportunity now to not increase the density in this area and to downzone and make it possible for more single family residential homes to be built on vacant property.

Richard Mathis advised that he conducted a study of the area from 200 East to 500 East and from the Blvd. to 700 south. This area is largely single family dwelling units with some AP and R-3, and many PUDs. There are 484 housing units in this area - 328 are owner occupied, and 156 are rentals, making one-third rentals. This represents eleven blocks after deducting out the parks, hospital, and church properties. Residents in this area facing a change as the homes age and there is very little room for new homes. When these properties change hands they more than likely become rental properties, and if the zone

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allows, they become duplexes. This has a vast impact on single family dwellings in the area as far as value of the well-kept, maintained homes in the same neighborhood. Also, because of declining property values created by the rentals, residents are hesitant to update and make improvements to their homes. He encouraged holding the line on any upzoning and, where possible, to downzone to R-1 single family only, and be prudent in allowing any new PUDs in this area.

Kenton Barker advised that he conducted a study of the area from 100 South and 700 South and between 500 East and 700 East. The area between 400 South and 700 South is zoned R-1 except for some R-3 and consists of six blocks. Five blocks are low density, but one block has high density. There are 142 residential units in this area, with 84 owner occupied and 58 rentals. 40% are rentals, but 33% of those rentals are in one block. The other area studied is the area between 100 South to 400 South and from 500 to 700 East. This is zoned R-2. There are 135 units in these six blocks, with 116 owner occupied and only 19 rentals. There are 108 single family homes, which is 80% of the total. There is a great difference between the east and west ends of town. The west end has become high density. It is proposed to maintain the status quo. He distributed a petition signed by 85% of the homeowners in the area for rezoning from R-2 to R-1. Neighbors met several months ago to discuss potential changes in the area by the College. He distributed a brochure emphasizing the benefits of living in the downtown area. He asked the City Council to zone the area R-1 in accordance with the actual usage. Many of the homes now have young families. He stated that housing which attracts more rentals is not needed, but housing that attracts yong families whose children will attend the existing schools and whose parents will be actively involved in the community is needed. Stability of neighborhoods is desired, with an end put to deterioration that has affected other blocks due to fast, high density development. Rezoning of the area below 400 South would help maintain a quality neighborhood surrounding the College. He commented that there is already sufficient student housing on the north, east and south sides of the College, as well as in outlying areas. He stated residents of the area want to preserve the integrity of their neighborhood and ensure property values are maintained and are not negatively impacted due to deteriorating properties. The City has invested much in the downtown area and this investment should be maintained. The Neighborhood Enhancement Committee supports the Planning Commission's recommendations concerning the Amended General Plan in the downtown area.

Doug Alder advised that interior downtown neighborhoods often become blighted, as in Ogden, Salt Lake City, and Provo. The purpose of the study was how to prevent the downtown area from becoming blighted. At the core is the historical district, surrounded by downtown neighborhoods. The area he and Kenton Barker studied is quite different from the west downtown area, as the area consists mainly of owner-occupied single family homes, beautifully landscaped and well maintained. There are also excellent amenities. The area is endangered and may become like the blocks to the west unless action is taken. He suggested that the City Council act now to prevent decline. The area does not now need rehabilitation, only rezoning. The neighborhood can be saved from decline, but if the City Council does not act now, many residents will be encouraged to move out. There are many young families moving in and the neighborhood is revitalizing as they move in. It is hoped that federal programs can be obtained to attract more young families. The Committee commits that they will be involved for another decade to work closely with the Planning Commission, and report violations of the Zoning Ordinance.

Sidney Davies expressed concern with the SID in Little Valley and wondered how development in the area will affect the SID as it has not yet been resolved. It is hoped that as developers come in and use the rights-of-way, they will assume some of the SID fees. With development, developers are going to use the access that the residents paid for, and development of the sewer lines. Many of those who voted for the SID did not have to pay into the SID, which overruled

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the votes of others because of the amount of land owned. She inquired about a trail system in the Little Valley area. She expressed hope that the City Council would not allow higher density in the area and that it be preserved while still allowing growth. She commented she would hate to see the ranchers forced off their land by development.

Gloria Shakespeare reviewed the maps of the downtown area with the City Council.

Council Member Isom commented that she has lived in her home on 100 South for 37 years, and tonight is the first she realized the zone had been changed to R-2.

Mrs. Shakespeare advised that many residents do not realize that the zone in which they live is R-2, 3 or 4. The danger with R-2 zoning is that 6,000 sq. ft. is needed for the first residence, and only 2,000 sq. ft. for the second. Every home within an R-2 area on an 8,000 sq. ft. lot can turn into a duplex. As she has researched throughout the entire country, this zoning is almost unheard of. Most cities require 6,000 sq. ft. for the first residence and 6,000 sq. ft. for the second. If the vision for the City is aesthetically pleasing neighborhoods and management of growth to protect the quality of life, she inquired how current zoning and development help to create and protect neighborhoods. She then read an excerpt from a decision of a Utah Court of Appeals case regarding downzoning. The Neighborhood Enhancement committee believes the City should downzone to conserve the value of properties and encourage the most appropriate use thereof, promote the integrity of neighborhoods and preserve and create residential character which is related to the general welfare of the community. By restoring and protecting single family homes, the City Council will also protect the public health, safety and welfare in the heart of the community. Much has been invested into the historical sites, and most are in the downtown area. If these sites become unhealthy, unsafe and unattractive, it will affect the tourist industry and economics. The General Plan states that residents have the right to determine the quality of life they wish to preserve. The quality of life is the same as stated in the General Plan, a city with shade trees, well-landscaped areas, aesthetically pleasing neighborhoods, well landscaped areas, relatively crime free, and where growth is well managed. The Neighborhood Enhancement Committee has performed its in-depth study to assist the City Council in restoring balance and vitality to the heart of the City. She asked that the property be downzoned to what it is currently being used as, high density construction be stopped, available vacant ground utilized for single family development to help create healthy single family neighborhoods, and that a rental ordinance be adopted to help protect single family neighborhoods.

Melanie Olsen, principal of West Elementary, commented that West Elementary's students have 83% mobility, 45% are on the free and reduced lunch, 20% are ESL, 17% come from single families, and 4% are homeless. Homeowners and strong families are needed back in the area, as there is an outside fringe element that turns over every 90 days, as it takes 90 days to be evicted. She supported the idea of having the stability of homeowners in the area.

Dixie Andrus, principal of East Elementary, advised that right now the school has the perfect balance and diversity - it has the largest ESL population and a large percentage of students on the free and reduced lunch program, but there is also a very strong section of single family homes. She asked the City Council to not allow a change in the area.

Brent Greenwood advised that he owns two pieces of property in the Little Valley area. The amended General Plan shows one parcel as low density residential and the other as rural residential. He asked that both pieces be zoned low density residential.



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Mayor McArthur replied that the General Plan is not necessarily site specific and properties located along the borders can change as part of a zone change request.

Bob Nicholson commented that with regard to the downtown area, once the General Plan is adopted, staff will work with the Committee to bring in blocks at a time for downzoning, starting with the east side by Dixie College as it is the most vulnerable because of student housing needs.

Georgia Barker commented that some of the elderly residents in the east downtown area have been contacted by speculators who told them that if they don't sell to them now, they will have an apartment built next to them.

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

Council Member Allen made a motion to approve the updated General Plan and Land Use Map with the changes presented by Community Development Director Bob Nicholson by resolution. The motion was seconded by Council Member Whatcott. He inquired about the master plan for the Ledges and asked if it needed discussion, as the proposed 200' buffer is in essence a single loaded road with one row of houses.

Community Development Director Bob Nicholson commented that the Ledges master plan shows an area designated as "resort commercial." There is no such designation within the City's General Plan. He suggested that the designation either be removed pending a more detailed plan, or that it be called something other than resort commercial, perhaps mixed residential.

Randy Deschamps commented that the buffer is a single loaded road, with the assumption that an acre lot would be 200' x 200', and this was done in response to concerns expressed at the last public hearing by residents of Winchester Hills. He commented that many things will be done there and the City Council will see every issue, there will be many hearings, and neighbors will have the opportunity to comment and review them. He stated he did not think there would be a problem with what is intended. He stated the if one acre lots are done on one side of a street, it is likely there might be the same thing on the other side of the street, or whatever is going to make land use sense. There might also be open space adjacent to that area as part of the buffer. If the developers choose to not do acre lots in that format as a buffer, something else will be done in that area such as bridle paths to separate the developments. The developers would also like to have a buffer because they probably will not do the same kind of development as Winchester Hills. The acre lots that would be adjacent to Winchester Hills, if that is the form they will take, would probably have significant architectural controls on them in addition to just being acre lots.

Council Member Allen inquired if the developers were considering doing any clustering.

Mr. Deschamps replied that clustering would be done in some areas. This is why the developers did not want to do the acre lots necessarily, as that is contrary to the clustering, and they would rather have open space there and cluster somewhere else. When the City Council sees what will actually be done it will probably vary, but a minimum was put in there. The City Council will see any plan presented.

Council Member Isom inquired what was planned for the resort commercial zone.

Mr. Deschamps replied that the area is the center of where the golf course center may be, and the developers are not really asking for that designation. They are not too concerned about that, and will have to justify it in any event.


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Mayor McArthur commented that since the City does not have such a designation, it should not be shown.

Mr. Deschamps replied he did not have a problem with that at all.

Mayor McArthur commented that with regard to the Little Valley area and bridle paths, a lot of rights-of-way would have to be given and cooperation had within the neighborhood. The City would participate, but the neighborhood will have to decide because it is their land. The City cannot now come in and demand a trail through their property.

City Manager Gary Esplin advised that the assessments in the Little Valley area are finished and will be mailed out shortly. Additionally, developers pay their costs the same as residents on whatever roads they impact, as well as their sewer costs. Each developer pays his or her same share as the residents are paying now.

Brent Greenwood asked the City Council to vote on changing one of his parcels of property in the Little Valley area from rural residential to low density residential.

Mayor McArthur replied that he would be able to come back and ask for a zone change on that piece of property.

Community Development Director Bob Nicholson advised that Mr. Greenwood came in six months ago for a zone change in the area and was turned down. The City is trying to send a message that the City prefers rural residential zoning for the area in question.

Council Member Orton advised Mr. Greenwood that he would have to show the City Council something a lot different than they looked at before in order to change the zone.

City Manager Gary Esplin commented that the Master Plan is not so specific that a line can be drawn on a map, and when Mr. Greenwood comes in for a zone change, he can make argument for deviation from the General Plan. But the City cannot go out and specifically draw the line around people's boundaries as that is not what a General Plan is. It is a general concept and specifics are done when the actual zoning takes place. The message is in that particular area the City wants no more than two units per acre, maximum, unless circumstances change that opinion.

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

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye
Council Member Allen -aye

The vote was unanimous and the motion carried.

Mayor McArthur called for a five minutes break.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-1-10 to AP for property located at approximately 115 South Mall Drive. Rocky Mountain Corporation and Kent Heideman, applicants.

Associate Planner Mark Bradley explained the property consists of 5.21 acres of property. The amended General Plan shows the area as professional office. The Planning Commission recommends approval. Current plans for the site include a mortuary.


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Mayor McArthur commented that the property in question is a narrow strip and the City is not allowing access onto Mall Drive because it is a collector road.

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

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the zone change by ordinance. Mayor McArthur called for a roll call vote as follows:

Council Member Isom - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the sale of City-owned property to Mr. Gary Gardner in the area adjacent to the Southgate Golf Course.

Mayor McArthur advised that this item was tabled from the last City Council meeting pending a site visit, which was made.

Community Development Director Bob Nicholson advised that he and Mark Bradley also visited the site to view neighboring properties. The subject property is along the No. 12 fairway. He displayed pictures of how rocks were stacked on neighboring properties. The recommendation from staff is to have Mr. Gardner stack his boulders and terrace more in line with what the neighbors around him have done. Mr. Nicholson advised that Mr. Gardner is requesting purchase of 3,395 sq. ft. of City property.

Council Member Whatcott commented that the rocks were the initial issue, but there is a secondary issue in that the rocks block the view of two lots next to it. To the west of the property is a natural barrier that ties directly with Mr. Gardner's property line. He suggested the wall begin on the actual property line on a 1:1 rate so that it matches the other decor in the area. Mr. Gardner will then not need the full 3,395 feet, and he expressed opposition to Mr. Gardner's purchase of 3,395 ft. as his rock slope extends an extra 27' and blocks the view of the other two lots. He made a motion to approve sale of enough property to Mr. Gardner to stack the rocks from the back of his property line on a 1:1 slope to the bottom.

Mayor McArthur commented that a plan for stacking the rocks will have to be submitted to the City.

Council Member Whatcott stated that the City would also have to approve the plan. The acreage sold to Mr. Gardner will have to be recalculated after submission and approval of the design.

Council Member Allen inquired if there was a way to stop this from happening again.

Council Member Whatcott replied that it is City property that is being encroached upon.

Mayor McArthur commented that others have encroached on to City property, and they will have to do the same thing.

City Manager Gary Esplin commented that this issue can be dealt with when the building permit is taken out.


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July 11, 2002
Page Thirteen

Council Member Allen seconded the motion. Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

Mr. Gardner stated that he did not understand the City Council's decision.

Community Development Director Bob Nicholson replied that the City Council is asking that the rocks be stacked on a 1:1 slope from the edge of the property, and that a plan be presented to the City. Depending on how much land is consumed, that is what will be sold.

Mr. Gardner inquired who would inspect the work.

He was advised to work with Bob Nicholson.

BEER LICENSE:
Consider a request for approval of a beer license for the Blarney Stone at 64 North 800 East. Jill Mayer, applicant.

City Manager Gary Esplin advised that the application has been reviewed and meets all requirements. It is a change of ownership.

Mayor McArthur inquired of Chief Stratton what kind of response the police have had at the Blarney Stone in the last while.

Chief Stratton replied that in the last year and a half there have not been many problems at all.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the beer license.

City Manager Gary Esplin commented that if there is a violation of the ordinance, the approval can be canceled at any time.

Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Isom - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of a beer license for the Flying J Travel Plaza at 2841 South 60 East. Flying J, Inc., applicant.

City Manager Gary Esplin advised this was a change of ownership.

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

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye
Council Member Allen - aye

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July 11, 2002
Page Fourteen

The vote was unanimous and the motion carried.

USE OF PARK AND FEE WAIVER:
Consider approval of use of Snow Park and request for a fee waiver for the North American Flyball Association.

Linda Gummow and Jenna Brown, members of the Stampede Dog Racing Flyball Team for St. George, Utah, advised they currently practice in the Santa Clara Park, and would like permission to use Snow Park also. Practices are usually held on Sundays. They also requested a fee waiver as they are a non-profit organization. They would like to spray paint lines on the grass with the same kind of paint used on the soccer fields. They then played a video tape of the sport.

Mayor McArthur advised that it is against City ordinance to allow dogs in parks if not on a leash.

Council Member Whatcott inquired about pick-up and disposal of dog waste.

Ms. Gummow and Ms. Brown responded that when the dog is not being run on the field by the owner, it is always contained, either in a pen, kennel or on a leash. Dog waste and trash removal is performed after each practice. All dogs must be vaccinated and licensed in order to participate. They advised they would like to eventually host a tournament in St. George.

A motion was made by Council Member Allen to approve use of the park and a fee waiver. The motion was seconded by Council Member Orton.

Mayor McArthur commented that approval to use the park should be on a trial basis. He then called for a vote, as follows:

Council Member Allen - aye
Council Member Orton - aye
Council Member Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Mayor McArthur again advised that Item 6A7 was tabled from the agenda and would be heard at the City Council meeting of July 25, 2002 due to a mix-up in City Council meeting dates in July.

USE OF PARK:
Consider a request from the Red Rock Center for Independence for approval to use Worthen Park on July 26, 2002.

City Manager Gary Esplin advised the Red Rock Center for Independence would like to have a bake sale and face painting activity in Worthen Park as part of their march and celebration on July 26, 2002.

Mary Herrera, Vista volunteer, explained that July 26, 2002 is the 12th anniversary of the Americans With Disabilities Act, and Red Rock Center would like to hold their second annual march and celebration in conjunction with this anniversary.

A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve use of the park as requested. Mayor McArthur called for a vote, as requested:

Council Member Whatcott - aye
Council Member Isom - aye
Council Member Allen - aye
Council Member Orton - aye

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July 11, 2002
Page Fifteen

The vote was unanimous and the motion carried.

CLARIFICATION OF ORDINANCES:
Consider a clarification of the Park Ordinance and Business License Ordinance regarding mobile vendors selling adjacent to City parks.

Deputy City Attorney Ron Read explained that mobile vendors are vending as close as they can to parks during organized activities at which other vendors have paid for the right to vend in the park, such as at the Art Festival. The Business License Officer has interpreted the Parks Ordinance to mean that a park includes the park side of the street, therefore a mobile vendor could not pull up next to a park and vend. However, they could vend on the other side of the street which creates safety problems for children crossing the street. Several mobile vendors would also like to go into parks (parking lots) which do not have concessionaires, such as Snow Park. They are also requesting permission to vend from the parking lots at Tawa Ponds.

Mayor McArthur commented that he can see a problem arising where children might be in a park and wave a vendor over to sell them ice cream, and rather than the kids run across the street, they pull in next to the park. This makes sense. He commented that if the City does not have an organized activity in a park such as the Fourth of July, or Art in the Park, etc. where there are concessionaires, it would make sense to allow the mobile vendors to vend on the street side of the park. However, if there is a contract with a concessionaire at a park or City facility, mobile vending should not be allowed.

Deputy City Attorney Ron Read advised that the Parks Ordinance stipulates that there be no vending or sales within a park. The mobile vendors' position is that a street is a street, not part of the park. Staff's position is that if a mobile vendor pulls up next to a park, that is vending in the park because that is where the sales are directed. Both ice cream mobile vendors have indicated they will stay away from the parks when there are concessionaires present.

Mayor McArthur clarified that the issue is whether the mobile vendors can vend on the street side of the park when there are no concessionaires present, or they can buy a permit to vend in the park if there is a special activity, just like other vendors at special events.

City Manager Gary Esplin advised that any time there is a commercial activity in the park, permission from the City Council must be obtained.

Deputy Ron Read advised that the mobile vendors would like permission to also vend within the parks which have internal parking, such as Snow Park.

Council Member Orton made a motion to approve mobile vending on the street side of the parks, and within the parks with internal parking, as long as there are no activities or concessionaires in the park. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin cautioned that staff will bring this issue back in for review if abuses are noted. 400 East is a very busy street and parking is at a premium. If the vendors are stopping in the travel lane and the children are going out into the travel lane, there is a problem. If there is no place to park, they should not be vending there. This is the position staff will take on this issue.


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Page Sixteen

Leisure Services Director Kent Perkins advised that the City has exclusive contracts with concessionaires in the parks, and they pay the City for the right to be there. If mobile vendors are allowed to drive into the park or vend on the street side of the park, this would be contrary to the exclusive contract.

City Manager Gary Esplin and Mayor McArthur clarified mobile vendors could not vend anywhere there is a concession.

Council Member Whatcott clarified that the mobile vendors can vend in City facilities without concessionaires.

City Manager Gary Esplin clarified that mobile vendors cannot vend in parks or City facilities which have contracted concessionaires, even if the concessionaire is not present, as they have paid for an exclusive right to vend there.

Deputy City Attorney Ron Read advised that Herb Basso has already provided a list of parks which do not have concessionaires, and this will be passed along to the mobile vendors.

John LeGant, owner of Dad's Ice Cream, stated it was never his intent to cause any problems as he was never informed about the prohibition of selling on the street side of the park. He stated that twice his drivers have been pulled over for stopping to sell.

Mayor McArthur advised that parking for extended periods of time is not allowed, as mobile means moving from spot to spot.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that a motion in Planning Commission meeting held June 25, 2002 to recommend advertisement of a zone change from RE-37.5 and OS to C-3 on 4.424 acres located west of Dean Terry's home at 2121 West Sunset Blvd. failed on a 3-4 vote.

A motion was made by Council Member Orton and seconded by Council Member Allen to set a public hearing for August 1, 2002 at 5:00 to consider the zone change request. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT AND PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that both the Hillside Review Board and Planning Commission recommended approval of a hillside development permit and preliminary plat for Kachina Cliffs at Entrada located on Entrada Trail east of Snow Canyon Parkway with 25 lots. Brent Beesley and Howard Sierer are the applicants. Engineering staff recommends that the Entrada Trail area which comes off Snow Canyon Parkway should have an asphalt width of 29' instead of 25'. The reasoning for the recommendation is because of traffic, access, and safety concerns. The Fire Marshall also feels 29' is in the best interests in the community.

Howard Sierer explained this is the 11th plat to come before the City Council for approval, and he proposed that this 11th plat be approved in a similar manner. He proposed that the road be maintained at 25' rather than 29' because every other road in Entrada is 25' unless it has a median. This is not done to squeeze more houses in, but to minimize the asphalt and disturbance to the natural terrain. The area is very low density, and the road proposed will serve a total of 25 lots now, and eventually another 15. Most of the homes are second homes, and very few have children. The streets are private and gated with very little

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July 11, 2002
Page Seventeen

traffic. No one parks on the streets because it is required that cars be parked in the driveways or garages. Additionally, the road up to this point is 25' wide. He stated he did not see any reason why a 29' road would be of any value, especially when it would feed into a 25' road. Another reason the 29' road is opposed is that the road will go through some steep terrain, and the cuts into the hillside would have to be deepened. He also stated that the wider the road, the higher the speed, and narrower roads encourage slower speeds. It is proposed that a compromise be reached to instead allow several turnouts along the road, similar to what has been done in other areas of Entrada. He requested permission to continue with the plans which have been successful so far.

City Engineer Dave Demas explained the main reason for the request for 29' was the parking issue. When the Entrada development was originally approved, it had turnouts to allow parking of cars. These were not included in this particular development, and it seemed there was a tendency to get away from them. However, if there is no place to park, people will park on the street which will inhibit the flow of traffic. If turnouts are now proposed, staff has no problem with the request.

Fire Chief Robert Stoker advised that the Fire Marshall's concern was with parking on narrow streets which makes access by emergency vehicles difficult. The Fire Department will support Engineering's recommendation. A discussion was then held on accessing gated communities.

City Manager Gary Esplin clarified that the first 100' of roadway will not have any conflicts because there is no frontage, but after that 100', then the individual lots front the road. If the project was developed the rest of the way with no access and frontage, 25' would be fine. If they can have pull-offs, that solves the issue of parking and therefore 25' is adequate.

Mr. Demas replied that in that event, there is two clear lanes for traffic without the possibility of parking.

Brent Beesley advised that they would like to keep the flavor of the area and not have a whole new look on the roadways in this phase. There are no homes in this phase which will front this road, as all of the driveways will come off side roads, and even though there are a few lots which abut Entrada Trail, the driveways will not be coming off Entrada Trail.

Council Member Isom made a motion to approve the preliminary plat and hillside development permit and leave the road 25' with turn-offs as has been done in the past. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT AND PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission and Hillside Review Board recommended approval of the hillside development permit and preliminary plat for Castle Rock Subdivision located on the east side of Snow Canyon Parkway at 2000 North subject to the following conditions: (1) the ridge in Lot 148 be included in the no disturbance zone; (2) no thermal heating in sensitive zones with drilled holes to be restricted and sealed; (3) Spencer Reber, Hillside Board Member, will look at rock fall hazard on the north side of the proposed development and respond back to City staff; (4) compliance with studies; and (5) a slope statistical analysis be provided in a table format for each of the lots along the hillside within the 26-39% natural slope area. This

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July 11, 2002
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provides actual square footage for each lot in reference to the 30% area that may be disturbed within the lot and 70% to remain undisturbed. Additionally, a traffic impact statement was submitted to the City, and the Traffic Engineer advises that the level of service would be adequate for Phase 1, but Phase 2 may require a signal at the intersection of Dixie Downs Road and Snow Canyon Parkway and would warrant a study at that time. The land to the northwest is RPP property which may be planned to be a park trailhead area and Engineering is recommending that the City's Road Master Plan would be substantially met if a road were stubbed to the RPP land. Milo McCowan is the applicant.

Milo McCowan clarified that the protection zone would only pertain to areas in which there is a well protection zone present. He advised that he was totally unaware of the RPP stub, and this was the first he had heard of it. He expressed confusion as to what the future uses could be, or if the City even wants a road stubbed into the RPP property. He stated it was not something he would like to do and did not see a purpose for it.

Mr. Demas commented that there is a master planned road planned there. Aron Baker felt there was some developable property and it would need to be looked at further to see if there is no need for the road to be extended, and then it would have to be eliminated from the road master plan. A master planned road runs parallel to Snow Canyon Parkway through or behind City property.

City Manager Gary Esplin suggested that prior to final plat approval staff will have an answer for the City Council on the matter.

Milo McCoward advised that he is working with Lori Rose to accommodate something to get into the tortoise reserve.

Council Member Isom made a motion to approve the preliminary plat and hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission, and subject to clarification of the stub road issue prior to final plat approval. The motion was seconded by Council Member Whatcott . Mayor McArthur called for a vote, as follows:

Council Member Isom - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 25, 2002, recommended approval of the preliminary plat for Crescent Point at Sunbrook with 16 townhome units located east of Bellsera on Sunbrook Drive. Scott McCall is the agent. He advised that along with the request, the applicants would like to use the homes as models for a period of time (5-10) years along with an administrative building and sales office on site. They propose that the complete site improvements would not occur until the units are sold and recording of a legal document stipulating that the units cannot be occupied as dwellings until all improvements are completed as shown on the plat. The City Council will need to address whether the homes used as models and the sales office and administrative building constitute an amendment to the PD, or if there is another way to address the request. Engineering has several concerns, including access onto Sunbrook Drive with regard to site distance, and whether Lot 2 should be eliminated because of the road alignment. There is also concern about Lot 11 and site distance concerns. The City's Traffic Engineer recommends that these items be worked out prior to approval of the preliminary plat.

Rick Rosenberg, engineer for the applicant, distributed revised drawings of the project and commented the revisions pertain to the access points. A culdesac is

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Page Nineteen

proposed along with elimination of the second access to Sunbrook Drive. The culdesac will eliminate site triangles, and an emergency gate is proposed for emergency vehicle access to the development. One of the units has been reconfigured. The changes have been reviewed with the City Engineer and a level of comfort has been reached. The site is difficult because it is on the inside of the curve. With regard to the development agreement, Sunbrook would like to use the project as a marketing center and model home facility and administrative offices for the next 5-10 years. It is felt that with the model center, the area within the site triangle can be better controlled as property owners would not be planting trees and it will be completed as part of the model center park. It is proposed to build seven models initially along with the sales center and parking area. The utilities to service the models will service the permanent development and will be installed to City standards as though the subdivision were going to be put in. The homes themselves will access just the sidewalks and walking trails from the mod