City Council

Thursday, February 2,2006
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 2, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
City Attorney Shawn Guzman


OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Scout T. J. Norton and the invocation was offered by Reverend Clingan of the Good Shepherd Presbyterian Church.

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

City Manager Gary Esplin introduced Deputy City Attorney Paula Houston.

Alan Crooks explained that Dino Days in Dixie would be celebrated next week. The Pioneer Youth Performers then sang the Dinosaur Song.

Council Member Gardner presented Mayor McArthur with a gift from an Ibigawa delegation visiting St. George.

Mayor McArthur advised that Item 3A, a public hearing to consider approval of the preliminary plat for Sun River Phase 18 located off Angel Arch Drive south of Sun River Parkway, was tabled from the agenda.

Mayor McArthur advised that today was Council Member Allen?s birthday.

CONSENT CALENDAR:
Consider approval of the financial statement for December, 2005.

MOTION: A motion was made by Council Member Whatcott to approve the financial statement.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for water tank welding.

Purchasing Manager Sue Swensen explained this item is a sole source contract on an as-needed basis with Stout Construction in the amount of $30,000 for the year.

MOTION: A motion was made by Council Member Gardner to award the bid to Stout Construction in the amount of $30,000 for the year.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for two 10 wheel chassis cab 6x4 dump trucks for the Wastewater Collection and Irrigation Divisions.

Purchasing Manager Sue Swensen recommended purchase through the State contract with Lake City International. There were no local bidders.

MOTION: A motion was made by Council Member Orton to award the bid to Lake City International under the state contract.
SECOND: The motion was seconded by Council Member Whatcott.

Ms. Swensen clarified that the bid is $82,534.20 per vehicle.

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

AWARD OF BID:
Consider award of bid for improvements/remodel projects for the Police Department and Finance Department.

Purchasing Manager Sue Swensen advised that several invitations to bid were sent out, but only one bid received. She recommended award of the bid to Arnell-West Inc. In the amount of $98,640.

MOTION: A motion was made by Council Member Orton to award the bid to Arnell-West in the amount of $98,640.

St. George City Council Minutes
February 2, 2006
Page Two

SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 24, 2006, recommended that public hearings be scheduled for March 2, 2006 at 5:00 p.m. to consider (1) a zone change request from RE-12.5 to R-1-10 on 5.011 acres located at the northeast corner of 2160 East Street and 2450 South Street; and (2) a request to amend and extend the final plat for Stone Point Phase 3 located on the east side of Stone Mountain Drive and 360 North to increase the number of patio home sites from 21 to 57 by incorporating two future phases as part of Phase 3.

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

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 24, 2006, recommended approval of the final plats for Crystal Springs, Whispering Ridge Phase 1, the Ledges Phase 2, the Ledges Phase 4, Lakota Phase 1, and Lakota Phase 2.

Council Member Gardner declared a conflict of interest with regard to the Ledges Phases 2 and 4 plats.

Mr. Bradley explained that there is no dedicated access from Highway 18 to either of the Ledges plats, and the plats will have to be held prior to recording until the access is secured. A commitment was made by the applicant that the access would be taken care of in the first phase, but because there are parade homes located within the plats, approval is required. With regard to the Whisper Ridge plat, the island in the public right-of-way has been designated as common area.

Council Member Allen arrived.

MOTION: A motion was made by Council Member Orton to approve all the final plats except for the two Ledges plats, and authorize the Mayor to sign them.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Bunker - aye
Council Member Allen - abstained

The motion carried.

MOTION: A motion was made by Council Member Orton to approve the final plats for the Ledges Phases 2 and 4 and authorize the Mayor to sign them.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - abstained
Council Member Gardner - abstained

The motion carried.

AMENDMENT TO CAFETERIA PLAN:
Consider approval of an amendment to the Section 125 Cafeteria Plan offered to City employees.

City Manager Gary Esplin explained that a technical amendment to the City?s cafeteria plan is needed in order to meet IRS rules with regard to the definition of a dependent.

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

APPROVAL OF CONTRACT:
Consider approval of a contract with JBR to perform an environmental assessment for the City Creek to Ledges pipeline.



St. George City Council Minutes
February 2, 2006
Page Three

City Manager Gary Esplin explained the plan to connect the City Creek wells to the new wells in the Ledges area. He recommended that a contract be entered into with JBR to perform the needed environmental assessment.

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

ADJOURN TO EXECUTIVE SESSION:
VOTE: A motion to adjourn to an executive session to discuss personnel was made by Council Member Orton.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Orton - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Sun River Phase 18 located off Angel Arch Drive south of Sun River Parkway. Darcy Stewart, applicant.

This item was tabled.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Oasis at Middleton located at 1025 North 1800 East. LeAnn Walters, applicant.

Associate Planner Mark Bradley explained that there is one parcel with an existing dwelling and the additional large area of the lot can be divided resulting in two additional flag lots. Each access would be from the flag lot, even though the existing dwelling has frontage on 1800 East. The Planning Commission recommends approval with a 20' minimum front setback for the two flag lots, finalize the radius of the 25' width staff portion by Lots 2 and 3, and establish a cross-access easement for the three lots on the final plat.

Ms. Walters, applicant, explained that the radius of the turn has been addressed and enlarged to 40'.

Jay Sandberg commented that improvements have been made to the plan to enlarge the back lot and bring it up close to the curb so it is not a blind curb.

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

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Whatcott commented it appeared staff had not seen the new plan with the new turn radius, and inquired if the resulting lot would still meet zoning requirements.

Ms. Walters replied the resulting lot is 14,000 sq. ft..

Mayor McArthur commented that the resulting lot would have to meet all requirements.

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Firenze Subdivision located at approximately 1130 South 3000 East. Cary Blake, applicant.

Associate Planner Mark Bradley explained that the site recently was approved for a zone change to R-1-10. The rights-of-way in the interior of the project are 50'. The site is lower than the road, and intensive work will be needed with regard to the intersection and access. 3000 North will have to be pushed further to the north for sight distance. The Planning Commission recommends approval.



St. George City Council Minutes
February 2, 2006
Page Four

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

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

Council Member Whatcott commented that as he looked at the site plan with all the open acreage around it yet to be developed, he wondered about connectivity and design standards, parks, trails and livability standards. If Mr. Blake?s plan is approved, the project will stand by itself and there will be no connectivity to the next project, and the next. He suggested that the entire area be designed so that each project will work together and be connected with each other.

Mr. Blake suggested that the City come up with a design they would like to see in the area. However, this project fronts on a busy street and too much connectivity with the street is not desired. The more intersections there are, the more expense there is for the City to maintain them. Five ideas for this project were brought to staff and this design is the final result.

Mayor McArthur commented he would like to see more through streets.

Mr. Blake commented that long streets encourage high speeds.

Mayor McArthur commented that there had to be connectivity so that the traveling public did not have to drive in circles to get from one project to the next.

City Manager Gary Esplin commented that the City?s master plan could not be changed in a month?s time, and in the meantime the applicant?s project has already been through staff.

Council Member Gardner commented that there was individual ownership of surrounding parcels, and not all were ready to develop. While it would be nice to look at a larger plan for the area, not all are ready to develop.

Council Member Allen inquired if the applicant was amenable to having a connecting road through his property.

Council Member Bunker inquired if the applicant had considered clustering smaller units thereby keeping the density but providing green space or a park.

Mr. Blake inquired if the City wanted more park space.

Council Member Bunker replied that yes, the City did want more open space, and wanted to see more creativity in designs.

Mr. Blake commented that his project was only 20 acres and not large enough to be carved up into a park.

Council Member Bunker inquired if the applicant would consider clustering 54 single family dwellings, maybe even some affordable housing, and providing green space for children to play in.

Mr. Blake replied that it would be possible, but he did not want to create a homeowners association to take care of the green space.

Council Member Whatcott commented that while he understood and agreed with Mr. Blake, his project will set the precedent in this undeveloped area, and unless the City Council mandates a trail or walking path between projects, the next project will be identical, and the next as well. The project does not bring anything to the community other than wall to wall houses. There is no continuity or potential for trails or walking paths and no potential for movement between projects.

City Manager Gary Esplin replied that City staff is working on a new master plan.

Mr. Blake advised that he met with Mr. McIntyre, an adjoining property owner and did all he could to work with him.

Council Member Whatcott suggested incorporating a walking trail to connect to the development to the north.

City Manager Gary Esplin stated that the City Council was saying that it did not want to see walled subdivisions with no connectivity to the one next door. It wants to see green space between lots, made possible perhaps by a higher density, and connectivity.

Mr. Blake replied that he would like to move ahead with the project as is, and if changes were needed, they should have been suggested up front during the zone change. The City Council is now suggesting R-1-8 lots, and the property is zoned R-1-10.

Council Member Gardner commented that whether a road or path was required, the City Council should approve the project so the applicant can move ahead.

St. George City Council Minutes
February 2, 2006
Page Five

Associate Planner Mark Bradley advised that staff advised the applicant that his plan was not consistent with the City Council?s goal, and that a street connecting to the north was needed. The applicant chose not to follow these suggestions and wanted to move forward with the present plan.

Mr. Blake commented that intersections were more expensive for the City to maintain.

Council Member Allen replied that the City Council could not always look at what the cost was going to be, as road congestion is more of a concern.

City Manager Gary Esplin suggested that by reducing the same number of lots to 9,000 sq. ft., over two acres of open space would be possible, but a zone change to R-1-8 would be needed.

Council Member Whatcott commented that each development needed to be looked at, not only for zoning, but for what amenities it would bring for not only its residents but to the community at large.

Council Member Allen commented that each development should be looked at for zoning, layout, design, and density.

City Manager Gary Esplin commented that if the City Council wanted to move forward on the preliminary plat, the applicant could be directed to work with staff on connectivity on all sides. The City Council will see the design again as part of final plat approval.

Council Member Orton commented there were only three or four large blocks of undeveloped property left to work with in the community.

City Manager Gary Esplin suggested that the applicant be allowed to proceed, that the plat be tweaked and not required to go back through the Planning Commission.

Council Member Gardner inquired if a connecting road or trail would be required.

Council Member Whatcott commented that if a road is required, this will determine what the next subdivision can do and will create a ripple effect for all other developments. He inquired if staff had looked at a deceleration lane.

Associate Planner Mark Bradley replied that there was no requirement for a deceleration lane, but this could be a condition of review. Site distance has also been a key traffic issue.

Jay Sandberg commented that there would be a deceleration lane.

Mr. Blake commented that he was willing to put in a trail.

WITHDRAW MOTION: Council Member Allen withdrew her motion.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the applicant working with staff.

Jay Sandberg inquired if the City Council wanted to see a trail on the north end of the project.

Mayor McArthur replied that not just a trail was needed, but streets for connectivity.

City Manager Gary Esplin advised that staff would come back in a timely manner with a plan for the entire area.

Council Member Gardner suggested that whatever goes out of the subdivision hook into the trail system on the south side of the river.

SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur called for a five minute break.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Coyote Springs at 2350 East and Valley Springs Drive. Kay Sturdevant, applicant.

Associate Planner Mark Bradley explained that the proposed cul-de-sacs are necessary because of the elevation of the site. The applicant provided frontage for as many of the lots as possible. There will be some double fronting lots with privacy walls. For those lots fronting the street, the applicant proposes walk-out basements in the backyard areas. The Planning Commission recommends approval subject to (1) cost sharing of the piping of the Washington County irrigation canal, contingent upon the City receiving an equestrian trail and maintenance easement, (2) the lots along the canal be elevated in height, (3) no basements within the development except for the lots along 2800 South, and (4) an access agreement with Warren Hannig in writing and submitted to the City. The City has not yet received a copy of this access agreement.


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February 2, 2006
Page Six

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

Jay Sandberg advised that the canal will be piped similar to the Meadow Valley phase 5 project. Part of the proposal is to leave a large area for the trail. Staff is working on connecting the master trail plan across the valley, and he recommended approval subject to this being worked out.

Council Member Gardner commented it was critical to have a trail but this would not make sense if there was no way to get to it.

Mr. Sandberg replied that when he met with the applicants to discuss the pipe, they did not understand the importance of a trail. They now believe it will be an amenity to their development.

Mayor McArthur inquired if there would be a connection from the neighborhood to the trail.

Mr. Sandberg replied that at some point there will be a connection. He stated that staff feels the trail should be master planned as an equestrian trail, but believes over time it will become just a walking trail.

Council Members Gardner and Orton commented it was their understanding all along that the trail would be for both purposes - equestrian and walking.

Mr. Sandberg advised that the easement is 25'.

City Manager Gary Esplin advised this was not wide enough for a dual path.

Council Member Whatcott commented that if the proper surfacing was used, it could be multipurpose for both horses and walkers.

Mr. Esplin commented that it would not be necessary for the trail to be an equestrian trail to the west, as there was nowhere for the horses to go.

Bob Wallin commented that he would not use the equestrian trail as there was no place for it to go, but a pedestrian trail was a good idea.

Nora Axton commented she felt everyone has the capability to get to the walking path without a walkway through the development, and it was not critical for the community to have direct access rather than walk a block or two to it.

Council Member Gardner commented that the convenience of a path made sense.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat with some sort of connectivity easement in the mid-sector providing access to the trail, and subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT
Public hearing to consider approval of the preliminary plat for Pelican Hills located at Dixie Drive and the realignment of Canyon View Drive. Steven Maddox, applicant.

Associate Planner Mark Bradley explained that the subject site was part of the old Casa Blanca PD. The project consists of three phases, with the first phase located on the south side along the proposed realignment of Canyon View Road to connect to the Las Palmas area. The site has a combination of condos and townhomes with a clubhouse, pool, tennis court and basketball area. The second phase will have a putting green. There will be 142 units overall. A privacy wall is required along areas where there are not already existing walls. The Planning Commission recommended approval subject to (1) compliance with the traffic impact study, (2) review and recommendations of the preliminary Canyon View Drive realignment profile, and (3) no gates at the entrances (access is to remain open).

Steve Maddox, applicant, explained that he was trying to utilize the view scape and the grading plan will allow the buildings to be staggered for a pristine view. A level area will be created for the clubhouse. He clarified that there will be one access to Dixie Drive and another to Canyon View Drive. There will be a deceleration lane. He stated he would like to gate the project to keep the children off of Dixie Drive.

Mayor McArthur advised that the City Council directed staff to keep the communities open and that it did not want to see any more gated communities.

Mr. Maddox advised that there would be open space for children to play away from Dixie Drive.

Mayor McArthur opened the public hearing.


St. George City Council Minutes
February 2, 2006
Page Seven

Jennifer Free advised that she lived on Canyon View Drive and expressed concern that the project would have a negative effect on the value of her home by obstruction of the view.

City Manager Gary Esplin declared a conflict of interest as the area in question is in his neighborhood. He stated any loss of value would be made up by improved safety resulting from the new road alignment.

Ms. Free inquired what time of day construction could begin. She was informed that construction could commence at 6:00 a.m.

Ms. Free inquired if Dixie Drive would be widened to four lanes. She as advised that it would be widened to five lanes.

City Manager Gary Esplin explained that a portion of Dixie Drive is still in the County, and once it is annexed Dixie Drive will be widened to its full width.

Jason Hunter stated he would prefer a gated community, as the more exclusive the better.

Mr. Maddox stated that the condos will not be used for timeshares, but sold to individual buyers.

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

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-3 to PD Commercial on .73 acre for an enclosed storage facility with an on-site manager office located at approximately 2400 South River Road. Jeff Adams, applicant.

Council Member Orton recused himself and stated he would not participate or vote due to his close friendship with the applicant. He was excused from the meeting.

Associate Planner Mark Bradley explained that the applicant would like a zone change to accommodate an enclosed storage unit facility which will look like an office building. The proposed elevation is two stories, with the site at grade with the intersection but at a higher grade than the adjacent Rivercrest Subdivision. The Planning Commission recommended approval subject to (1) landscape along the west and south property lines with tall trees and extensive vegetation to soft the impact to adjacent neighbors, (2) a 20' building setback from both the west and south property lines, (3) maximum building height of 20' above grade, (4) condensers placed on the ground rather than on the rooftop, (5) landscape and drainage plans to be reviewed by the Planning Commission prior to approval of the construction drawings and release of the building permit.

Mayor McArthur opened the public hearing.

Cyril Noble, a resident within 500' of the project, advised that a previous blueprint showed a church site, and he encouraged the City Council to be sure all blueprints accurately represent what will be built. He stated he hoped the sign for the project would be in accordance with the new sign ordinance. He stated that at the previous public hearing neighbors expressed concern that the site should instead be a park, and that illegal drugs would be stored in the facility. He stated a park would enhance the area, and he asked the City Council to consider the hundreds of children that live in the area.

Jim Able commented that the industrial park would be a perfect location for this storage facility, and not the proposed site which is surrounded by families with young children with no place to pay. He suggested the site would make an excellent addition to the City?s parks and tie in well with the trailhead. He encouraged the City Council to think outside the box as far as development and incorporate creativity into projects to make St. George the best it can be.

Elizabeth Able suggested that the west side of River Road be kept residential, and the east side be for commercial operations.

City Manager Gary Esplin clarified that the church site referred to is shown as part of an adjacent PD Residential plat, and for all intents and purposes will be built there.

Associate Planner Mark Bradley advised that there was no plat for the site, just PD zoning.

City Manger Gary Esplin advised that when a zone change is made to PD, the site plan is approved, and it included a church site. If a church is not going to be built there, the applicant will have to change the PD plan.


St. George City Council Minutes
February 2, 2006
Page Eight

A representative of Ence Homes advised that it owned the property but had not decided what it was going to do with it.

City Manager Gary Esplin advised that the church site was not a part of this discussion. If the adjacent PD is changed, another public hearing will be required.

Jeff Adams, applicant, advised that with regard to drugs, searches will be conducted by dogs as a deterrent. He advised that he has never had a problem with drugs at his other storage project. There may be problems at other storage units, but not his as he has security and people living on site. He stated he met with residents of Rivercrest who told him they would love to store items in the proposed storage unit. With regard to locating the facility in the industrial park, a facility such as this is not suited for that area. These types of storage facilities are springing up in neighborhood communities all across the country because of the concept, feel and look. The facility will be enclosed, heated, cooled, and secure. He stated he was trying to provide a facility as nice as any in the nation, and it will be well done, secure, state of the art, and is the wave of the future. The facility will look like an office building, with access from the front and sides. There will not be any roll up doors and people will take their belongings on carts through the hallways to elevators. Parking will be in front of the building. The side of the building will be stair-stepped back 20' from the property line, and the road will also be stair-stepped. The PD Commercial zone allows for a 35' high building, but the minimum this facility can be built at is 24'.

Council Member Allen inquired of Mr. Adams if he would consider R-3 zoning if the PD Commercial zone change were denied.

Mr. Adams replied that he would consider R-3 zoning and could build apartments or condos at seven or eight units per acre. However, if someone wanted to purchase the property for a park, he would be glad to sell it.

Mayor McArthur commented that the City Council must ask itself if the project is compatible with the neighborhood.

Mr. Adams replied that these kinds of facilities are compatible in residential areas in other cities and will be compatible here.

Mr. Able commented that he wanted to see elevations for all sides of the building. He stated that residents of Rivercrest would be looking at a two story wall. Sound from the condensers will also be a problem.

Council Member Whatcott expressed concern about the elevation, stating that the current grade of the property has been brought up, and the current elevation is the same height as the top of a 6' wall belonging to the neighbors. The building will actually be 26' above the neighbors and only 20' away. From a road standpoint, it was beneficial to have the property raised, but from a neighbor standpoint, this is detrimental.

Council Member Gardner inquired about drainage.

Mr. Adams replied that the property was built up to have access to River Road, and drainage will have to be taken to the Ft. Pierce Wash.

Council Member Gardner inquired if it was possible to excavate to a less offensive level.

Mr. Adams replied that the project is close to grade, and if it is lowered it will be down in a hole and it will be more difficult to get the drainage out. Lowering the site does not make sense. He suggested the building did not have to be two stories, and that one story could possibly be located below ground.

Council Member Whatcott suggested that the project site was a prime corner for a neighborhood commercial project and would fit into the neighborhood. He stated that if in fact these enclosed storage facilities were popping up in residential areas all over the country, he would like to see pictures of them. He stated that creating commercial pockets in all areas of the community had merit, and the Little Valley area will require commercial areas.

Council Member Bunker commented it would be nice to be able to see what the project will look like. The only thing she had to compare the project to is the Swiss Storage on River Road, and that project deteriorates the neighborhood rather than enhances it. While the proposed storage unit facility is a nice project, she did not feel it fit onto the property and was not fair to the neighbors.

MOTION: A motion was made by Council Member Bunker to deny the request.
SECOND: The motion was seconded by Council Member Allen.

Council Member Gardner commented that he had never seen Mr. Adams do anything to diminish the value of a neighborhood, and that Swiss Storage added to the neighborhood and was necessary and provided a benefit to the neighborhood. Mr. Adams stated he would lower the building and make it only one story above ground, and while the neighbors have a right to protection, something will be built on that property.


St. George City Council Minutes
February 2, 2006
Page Nine

Council Member Allen commented that River Road is extremely busy and it would be great to have a neighborhood-friendly pocket commercial project in this location.

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

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

The motion carried.

Council Member Whatcott commented he would favor Mr. Adams coming back with pictures of similar projects and how they fit into residential neighborhoods. He stated he agreed that one level with a basement would be better. He stated that the neighbors must look at the big picture, and decide if they would rather have six to eight units which would most likely become rental units as neighbors, or a quiet storage facility with little traffic. He suggested that Mr. Adams come back with potential options for the property, and that the one year waiting period be waived.

City Manager Gary Esplin stated that the associated fees could also be waived. He commented that this .73 acre piece of property is too small for a park and would not be worth the cost of the property.

Council Member Whatcott clarified that neither the applicant nor the City owns the adjacent three acres, and as much as the City would like to see a church built on it, it may not happen, and this is not the issue at hand in any event.

AMENDED MOTION: A motion was made by Council Member Whatcott to amend the previous motion to include a waiver of the fees and one year waiting period for resubmittal of another project on this site by Mr. Adams.
SECOND: Council Member Allen agreed to the amendment.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Las Hurdes Phase 2 located at Shadow Point Drive and Las Hurdes Drive. Ence Homes, applicant.

Associate Planner Mark Bradley explained that the City Council asked the applicant to come back with a design layout to address concerns about the project lacking a sense of community.

Cory Kinder, representing Ence Homes, advised that the site design was limited due to be sight distance problems and on-site detention for all the duplexes in the area and release of it into the storm drain system. The plan for Phase 2 will be corrected showing setback of the columns at 25'. No changes were made to the buildings as it is felt they fit into the area. He stated a meeting was held with the neighbors and Ence Homes agreed to upscale the landscaping plan.

Council Member Bunker commented that it was not just additional landscaping that the City Council wanted. The entire project is disappointing as it appears to be nothing but cement or asphalt, with cars on the sidewalks because there is no place to park and children playing in the streets because there is no place for them to play. She inquired why the project couldn?t be redesigned to cluster the homes to provide more common area, with cars parking on the outside of the project while providing open space for people to congregate and children to play.

Mr. Kinder replied that there was a landscaped area in the center of the project.

Council Member Whatcott advised that it was 1,529 sq. ft.

Mr. Kinder advised that an internal parking area was added, and a grassed area has been provided.

Mayor McArthur opened the public hearing.

Michael Sumner stated that Ence Homes has great resources and is capable of a better design. He then displayed pictures of homes within Phase 1. He stated that neighbors want to embrace the project and want high density housing, but it must work for the neighborhood and community. When looking Phase 1, all that is seen is walls, asphalt and a harsh environment due to the way the buildings face. He stated that Phase 2 should be more compatible with the neighborhood, and could be made so without much more effort. He commented that Ence Homes says that this is an upscale community, yet no upscale amenities are provided. The project consists of concrete, rock, bushes and trees.

Rick Rosenberg advised that Ence Homes would love to do something more creative, but the City?s ordinances will not allow it. Also, it is difficult to change the project design when this is the last piece to develop in the neighborhood. The site is difficult as it contains an existing storm drain for the entire neighborhood, and placement of driveways is limited because of the road and sight distance. The proposed project meets

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February 2, 2006
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all existing codes and zoning, and there is also a need in the community for this type of housing.

Council Member Gardner inquired of Mr. Rosenberg for his wish list of ordinance changes that could be done quickly and allow for more creativity.

Mr. Rosenberg replied he would like to see homes built closer to the street with a sitting porch on the front, and placing garages, alleys and utility portions of the home in the back away from the street side, using some of the architectural standards of the RCC zone to vary the fronts of the homes and step them rather than be linear, as well as clustering to provide a larger parkway in the center for playground area.

Council Member Gardner commented that the City Council?s desire to see more creativity than allowed in the ordinances puts staff in a precarious position. He inquired if the ordinance changes could be accelerated rather than waiting a year to see them.

City Manager Gary Esplin replied that the proposed project meets the requirements of the R-3 zone, and while the City?s standards may not be as high as desired, the City Council could stop all development for six months. An alternative would be for the applicant to say that they are willing to look at different designs. The City Attorney would have to give an opinion on whether the applicant is vested in the project or not.
He suggested the use of a development agreement. He stated he did not know how long it would take to develop new design standards.

Council Member Whatcott inquired what could be done right now.

Mr. Esplin replied that if the applicant was willing, an opinion would have to be given by the City Attorney on whether the City would be allowed to change its setback requirements, etc. through a development agreement.

Council Member Whatcott commented that this was an opportunity for Ence Homes to create a model for years to come, and while it may take an extra three to six months to tweak the project and redesign it, it would be worth it to be the first to create a model for the future.

Mr. Kinder replied that three to six months was too long.

Mr. Rosenberg commented that he would begin tweaking the project using guidelines from the Smart Code if some of the items he mentioned were acceptable. He stated he could have something for the City Council to see in a month?s time and possibly for the work meeting in three weeks.

Mr. Kinder requested that a City Council representative be available for input into the project. He stated his biggest concern was the detention area which is the lowest part of the entire development and is holding them hostage as far as being able to turn the buildings.

Council Member Gardner commented that in reality the applicant has met the conditions of the ordinance and therefore the City is obligated to recognize the effort and allow the project to go forward. If the applicant is willing because of its community-mindedness to come up with a better plan, then the City is obligated to work with the new plan without giving its carte blanche approval.

Mayor McArthur stated that recognizing the applicant is vested in the project, the City Council would be derelict in its duty if it did not ask if there was something the applicant could do to tweak the design in a timely manner.

Mr. Kinder advised that Ence Homes wanted to be on the forefront of new design, but did not have any idea what the City Council was looking for, and that is the reason the plan was not changed.

Associate Planner Mark Bradley explained that the applicant was advised at the time of the conceptual site plan what the City Council was looking for. While the applicant is vested in the number of units allowed, cities are not obligated to approve a design if ten years down the road it will not be functional.

Rick Rosenberg suggested that a meeting be scheduled for February 13 at 2:00 in his office to discuss the concepts. Council Members Gardner and Bunker will attend the meeting.

MOTION: A motion was made by Council Member Gardner to continue the matter.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPOINTMENTS:
Mayor McArthur recommended that Betty Barnum, Paula Bell, Ray Ganowsky, Ed Halvaca, Carol Lakin, and Kathryn Herd be appointed to the Art Museum Board.

MOTION: A motion was made by Council Member Bunker to appoint Betty Barnum, Paula Bell, Ray Ganowsky, Ed Halvaca, Carol Lakin and Kathryn Herd to the Art Museum Board.

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February 2, 2006
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SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AIRPORT BOARD:
Mayor McArthur advised that he disbanded the Airport Board and sent letters of appreciation to all members.

SENATE BILL 170:
Council Member Allen advised that the ULCT prepared a sample resolution expressing strong opposition to Senate Bill 170.

TAKE OVER SEWERS IN LEGACY AND RIDGE DEVELOPMENTS:
Mayor McArthur advised that he met again with representatives of the homeowners associations of the Ridge and Legacy who again requested that the City take over their sewer systems and allow them to make payments over time.

After discussion, the City Council affirmed their earlier decision that the City Council will not accept the sewer systems until the Ridge?s and Legacy?s portions, according to City policy, are paid in full.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held January 12, 2006.
MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held January 19, 2006.
MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss a land purchase was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

Council Member Orton arrived during executive session.

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

MISCELLANEOUS:
Brief discussions were held with regard to planning for the Atkinville Interchange, the Bloomington roundabout redraw, use of the Bloomington roundabout, the rock project in the Virgin River in the Bloomington area, and a Wilderness Bill which includes a corridor through desert tortoise habitat.

The meeting then adjourned.




Gay Cragun, City Recorder