City Council Minutes

Thursday, February 3,2005



City of St. George Council Meeting
Regular Meeting
February 03, 2005
City Council Chambers Room

PRESENT:
Mayor Daniel McArthur
Council Member Whatcott (5:00pm)
Council Member Orton
Council Member Allen
Council Member Bunker
Council Member Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman (4:40 pm)
Deputy City Recorder Ren? Fleming

OPENING
The Mayor invited a group of Boy Scouts to introduce themselves.

The Boy Scouts introduced themselves and led the audience in the Scout oath and pledge of allegiance. Pastor Larsen offered the invocation.

Leisure Services Director Perkins discussed an award presented to the Canyons Softball Complex as a national best facility.

Herb Basso indicated an award was presented to Josh Olmstead for National Youth Program Director.

Josh Olmstead discussed the girls? softball tournament in July 2005 that will bring between 250 to 300 teams to the City of St. George.

Leisure Service Director Perkins indicated staff is making The Canyons a multi purpose facility, the newest event is a kickball tournament.

Nikki Webber with the Southwest Utah Public Health Department made a brief presentation regarding National Child Passenger Safety Week.

Council Member Gardner reported on a book he and Council Member Bunker have been working on that documents some of the stories of the flood. All proceeds from the sale of the book will be dedicated those impacted by the flood.

Council Member Bunker indicated that at least 150 people have donated time and effort into the book. She acknowledged Lyman Hafen, a well know writer, who has edited the book in two weeks.

Marc Mortensen indicated there will be two DVD?s with pictures as part of the package.
Mayor McArthur discussed the amount of money received from governmental agencies to cover costs associated with the flood. He complimented the staff that has been working on the web page for keeping it updated.

TABLE ITEMS
City Manager indicated items 6A to consider approval of a beer license and 6I to consider approval of a purchase sales agreement for spare parts for the Millcreek Generation Facility have been tabled.

CONSENT CALENDAR
City Manger Esplin indicated the December financial report is the only item on the consent calendar.

Motion:
Council Member Orton made a motion to approve the December 2004 financial report.

Second:
Council Member Bunker seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

BID OPENINGS:

Consider award of bid for the reuse line.

City Manager Esplin indicated this is a project the City has worked on with the Washington County Water Conservancy District (WCWCD). It is a collimation of actions that included negotiations with numerous entities. The award of the bid is contingent on approval of the Bureau of Indian Affairs (BIA).

Purchasing Agent Swensen reviewed the three bids received and recommended the project be awarded to the low bidder, George Johansen Construction, in the amount of $2,930,140.08

Council Member Orton asked about a conference call with the BIA.

Water Services Director Barnum updated the council on the conference call which was in regard to the entire project including the treatment plant.

Council Member Gardner asked if the bid includes replacement of any land destroyed in the flood.

City Manager Esplin indicated the City didn?t loose any of the land on the pipe line alignment.

The group discussed the location and distance of the pipe line.

Motion:
Council Member Orton made a motion to award the bid to George Johansen in the amount of $2,930,140.08 subject to BIA final approval.
Second:
Council Member Gardner seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

The group discussed the status of offsite storage for the reuse project.

Consider award of bid for tree grates for the St. George Boulevard reconstruction project.

Purchasing Agent Swensen reviewed the bids for the tree grates for the project and recommended award to the low bidder, Play Space Designs, in the amount of $137,289.00.

City Manager Esplin indicated by awarding the bid at this time the City can take advantage of the August 2004 steel prices. If the bid is delayed, the price will increase to reflect the increased cost of steel.

James Dotson explained the design of the grates on St. George Boulevard and Main Street. He indicated Raywood Ash tress will be planted. These trees meet the constraints of the State and the harsh landscape environment as well as the requirements of the Shade Tree board.

Motion:
Council Member Bunker made a motion to award the bid for tree grates for the St. George Boulevard reconstruction to Play Space by Design in the amount of $137,289.00.

Second:
Council Member Gardner seconded the motion.

Marc Mortensen updated the council on the status of the reconstruction project and the length of time to complete the work.

The group discussed the amount of St. George Boulevard that will be impacted at one time, installation of utility lines and length of work days by the crews.

Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Other Business
Mayor McArthur invited Boy Scouts who arrived after the opening section of the meeting to introduce themselves.

The Boy Scouts introduced themselves and did the scout oath.

ORDINANCES

Consider approval of an ordinance amending 6-2-18 and 6-2-21 of the St. George City code.

City Manager Esplin reviewed the new fees and that stated this ordinance will bring the City into conformance with State law.

Motion:
Council Member Orton made a motion to approve an ordinance amending 6-2-18 and 6-2-21 of the St. George City code.
Second:
Council Member Allen seconded the motion.

Council Member Bunker asked regarding parking on unpaved surfaces, she indicated she didn?t see an exemption for residences with gravel on the side of their houses where vehicles are parked.

City Attorney Guzman indicated the copy of ordinance in the packet was the wrong one, the correct one specifies that vehicles on unpaved surfaces for reasons of retail purposes are subject to the restrictions of the proposed ordinance.

Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Bunker: aye
Council Member Orton: aye
Motion carried

Consider approval of an ordinance for the use of EPAMD?s (Segways) on City sidewalks.

City Attorney Guzman explained this ordinance mirrors the State statute and sets criteria on which they could be used on City sidewalks. There is no provision for a sun setting of the ordinance, if the council decides at a future time the Segways should not be used on sidewalks, the ordinance will have to be repealed.

There was discussion as to whether the ordinance limits the use of the devices to the historic district.

David Stratford indicated he would prefer to allow Segways on any sidewalks as it would be safer to operate on a sidewalk than on a street.

Council Member Orton commented that it was his understanding that the original application request was for permission to use Segways only where historical walks are taken in the City.

David Stratford commented he hasn?t decided where the tours should go.

There was discussion regarding the original proposal that included instructions on how to operate Segways and using the vehicles in a specific area for the reason of tours.

David Stratford indicated anyone who owns a Segway will be safer than someone on a tour. Limiting the use would satisfy his companies business but not the needs of owners.

Motion:
Council Member Gardner made a motion to adopt the ordinance for use of EPAMD?s (Segways) on City sidewalks with the idea that the ordinance can be repealed in the future if there is a health or safety issue.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Bunker: aye
Council Member Orton: nay
Council Member Whatcott: abstained
Motion carried

RESOLUTIONS

Consider approval of a resolution to allow a credit to be posted to the utility accounts of active duty military personnel.

City Manager Esplin explained the resolution applies to active duty military personnel. It would be effective January 01, 2005 through August 01, 2006 or when the person is released from active duty. It applies specifically to those in service in Afghanistan and Iraq.

Council Member Allen commented that it is a good idea. She expressed sadness that due to the flood Unit 222 left town without a formal goodbye and asked if something can be done before the troops ship out to Iraq.

City Manager Esplin explained troops may be shipping out at staggered times making it difficult to get the entire unit together.

Motion:
Council Member Allen made a motion to adopt the resolution to allow a credit to be posted to the utility accounts of active duty military personnel.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Bunker: aye
Council Member Allen: aye
Council Member Gardner: aye






PUBLIC HEARINGS

Public hearing to consider a zone change from R-1-10 Single Family Residential to AP, Administrative Professional Office, on 5.23 acres located west of 1450 East Circle and south of Foremaster Drive.

Community Development Director Nicholson detailed the area under consideration. He commented that the Planning Commission recommended approval subject to a development agreement. He detailed some of the items in the development agreement such as the height, set back of the buildings and landscaping stipulations. The property will stay about three feet below grade.

Mayor McArthur asked with respect to the elevation being below grade will the building be below what is allowed by law.

Community Development Director Nicholson replied yes.

David Blake explained the developer has put more definition in the plan. He indicated the building will be the same architectural type and color as existing buildings in the area.

Mayor McArthur declared the public hearing open.

Darwin Whitaker, a Meadow Creek resident, spoke in opposition to the zone change. He suggested any zone change should be done such that the integrity of the Meadow Creek area is protected.

Mayor McArthur asked if Mr. Whitaker has seen the development agreement, which is enforceable and if it agreeable to his group?

Darwin Whitaker asked if it is defined as planned development.

City Attorney Guzman indicated it is.

Darwin Whitaker indicated the only thing that would make his group happier is to include a walking trail to continue to Meadow Creek.

The council discussed other uses considered for the area in the past.

Dean Williams, a resident of Meadow Creek, indicated he would like to see the architectural drawing to get an idea of how the buildings will encroach in his area. He expressed a desire to keep the integrity of the area and is concerned about the rezoning. He asked about the height of the two story building on the west.

Council Member Whatcott asked about the height of the building on display.

Mayor McArthur commented that if this were a residential development the developer would be allowed to build 10 feet from the property line to a height of 35 feet. The development agreement would limit the height, color and landscaping of the building.

City Manager Esplin explained ownership of the property has changed since the time the original master plan came before the council. It is possible for a 2.5 story apartment building to be constructed in the location.

Mr. Whitaker commented that in the year1998 it was agreed with the Jennings and Foremaster as medium density zoning.

City Manger Esplin indicated that was not the agreement made by the council in a public meeting. The Foremaster piece was not part of the change that was made.

Dean Williams spoke in opposition to the zone change. He asked if it is changed could it be changed to Planned Development so the council will have to review and approve the

architectural design so that the buildings will not interfere with the integrity of the Meadow Creek subdivision.

City Manager Esplin stated a condition can be inserted in the development agreement that the Mayor and council review and approve the building drawings at a public meeting.

Russell Health, a resident of Meadow Creek, expressed concern regarding traffic.

City Manager Esplin reported studies are being done now for that location, it is anticipated the studies will show the need for a traffic signal and upon council approval it will be the next traffic signal to go in. Completion of construction of Riverside Drive will alleviate some of the traffic.

Russell Health asked if access will be from 700 South or 900 South.

Mayor McArthur indicated access will be decided at the time the building is laid out.
Duane Herbert, a Meadow Creek resident, asked regarding the property line boundaries.

Mayor McArthur indicated there will be another development south of the land under discussion for the zone change.

Duane Herbert suggested that this project be required to install the traffic signal at 900 South rather than have it installed at taxpayer expense. He asked if it was spot zoning.

Mayor McArthur replied that is it not, the zoning is consistent with other buildings in the area.

Duane Herbert asked about the size of the building and parking.

Mayor McArthur indicated that the parking space will depend on the size of the building.

Duane Herbert asked what guarantee do residents have that the buildings will not be taller than 35 feet.

City Manager Esplin replied that public comment will be solicited at the time the plans come to the council for approval.

George Mueller, a Meadow Creek resident, asked about the access roads to the building.

Mayor McArthur replied there isn?t an answer at this time; access will be decided at the time the buildings come in for approval.

Mayor McArthur closed the public hearing.

Council Member Whatcott asked if there is a reason why the developer wants to elevate the property seven feet.

David Blake indicated the proposed access on Foremaster Drive will be between the buildings with another access on the cul-de-sac, off setting by 150 feet. He proposed a 40 foot setback. He indicated that he does not think the two story building will be 35 feet high.

Council Member Gardner commented regarding the master planned trail and asked if there has been communication with staff to locate the trail.

David Blake replied that he hasn?t broached the topic.

Howard Foremaster indicated he owns about 20 acres of property in the area. He indicated it would be his intent to assure there are walking trails that extend up to both the IHC and to Ence properties. At this point there is no intent to have an entrance onto 900 South with this development.

Motion:
Council Member Gardner made a motion to approve the zone change from R-1-10 Single Family Residential to AP, Administrative Professional Office, on 5.23 acres located west of 1450 East Circle and south of Foremaster Drive with the development agreement including adding the wording suggested so that the buildings come before the Mayor and council for approval.

Second:
Council Member Allen seconded the motion.

Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Bunker: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried

Public hearing to consider a request to amend the PD zone for Trendwest Resort to add a fourth story on two buildings to allow for two additional units and expand the total site area from 4.58 acres to 13.98 acres located at 1157 South Plantations Drive.

Community Development Director Nicholson detailed the location of the property. Three buildings were previously approved and the applicant is now asking for approval to add a fourth story that would increase the height of the building to 49 feet at the peak. The Planning Commission recommends approval.

Rick Rosenberg explained the developer is adding a single penthouse unit in the center of the building as well as additional parking.

Jeff Chapman indicated the residential suites are large and in high demand. The top floor will be about 3000 square feet.

Mayor McArthur opened the public hearing

Cindy Deverall asked for an explanation regarding the expansion of the land from 4.58 acres to 13.98 acres.

Mr. Rosenberg indicated the expansion is a house cleaning measure to make the zone change and legal descriptions match. There is no additional property being added to the development.

Cindy Deverall asked about a specific portion of the property and asked if it will be developed.

Mr. Rosenberg indicated he didn?t think that will be developed because of the slopes of the piece.

Mayor McArthur closed the public hearing.

Motion:
Council Member Allen made a motion to amend the PD zone for Trendwest Resort to add a fourth story on two buildings to allow for two additional units and expand the total site area from 4.58 acres to 13.98 acres located at 1157 South Plantations Drive.
Second:
Council Member Gardner seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Whatcott: aye

Council Member Orton: aye
Council Member Bunker: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Public hearing to consider a zone change from Agricultural A-1 A-20 to R-1-12, Single Family Residential, on 8.69 acres located at 2780 East and north of 1450 South Street.

Community Development Director Nicholson detailed the location of the proposed zone change. It conforms to the City general plan; Planning Commission recommends approval.

Council Member Gardner commented that at one time the council discussed acquiring part of that farm.

City Manager Esplin indicated the WCWCD has discussed acquiring the farm.

Mayor McArthur opened and closed the public hearing.

Motion:
Council Member Whatcott made a motion to approve the a zone change from Agricultural A-1 A-20 to R-1-12, Single Family Residential, on 8.69 acres located at 2780 East and north of 1450 South Street.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Bunker: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Public hearing to consider a zone change from Residential R-1-10 and Agricultural A-1 to PD Planned Development Residential on 19.9 acres with 68 patio homes located at Tuweap Drive and 2000 North.

Community Development Director Nicholson reviewed the exhibits regarding this project. He reviewed the CCR?s the project will be subject to. He explained that based on some objections the developer changed the access to remove a round-about. It will be very similar to the Paiute Springs development. The Planning Commission recommends approval.

Hank Isakson explained the access change. He reviewed the elevation change and how it will be terraced to make the pads flat.

Council Member Bunker asked if there are one or two roads coming off of Tuweap Drive.

Mr. Isakson indicated there are two interior accesses, but only one main access to the project.

Mayor McArthur declared the public hearing opened and closed the public hearing.

Motion:
Council Member Bunker made a motion to approve the a zone change Residential R-1-10 and Agricultural A-1 to PD Planned Development Residential on 19.9 acres with 68 patio homes located at Tuweap Drive and 2000 North.

Second:
Council Member Allen seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Bunker: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried

Report from the Planning Commission meeting held January 25, 2005

Associate Planner Bradley indicated the Planning Commission recommends the following items to be advertised for a public hearing at next regular meeting on Thursday, March 3, 2005 at 5:00 p.m.

1.Zone change request from R-2 (Multiple Family Residential) to RCC (Residential Central City) for the area referred to as ?sandtown? located approximately north of 150 North, east of Bluff Street, south of the Red Hills Golf Course, and west of the Red Hills. Initiated by residents within the zone.

2.Zone change request from RE-20 (Residential Estate) with a minimum lot size of 20,000 sq. ft. to RE-12.5 (Residential Estate) with a minimum lot size of 12,500 sq. ft. on 1.315 acres located at approximately 2500 East and 2070 South. Dan Steurer with Sunwest Development, applicant.

3.Zone change request from R-1-10 (Single Family Residential) to PD (Planned Development) Residential on 10.75 acres and amend the existing The Cliffs of Snow Canyon Planned Development to add the said acres to the overall project located east of Snow Canyon Parkway at approximately 3052 North Snow Canyon Parkway. Randy Deschamps, applicant.

Motion:
Council Member Allen made a motion to set the public hearings as recommended by the Planning Commission.
Second:
Council Member Gardner seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Final Plats

Associate Planner Bradley indicated the item regarding Tonaquint Parkway subdivision has been removed from agenda. He indicated the Planning Commission is recommending approval of the final plats for

1.Boulder Springs Villas Phase 1 with 33 single-family detached dwelling units located at 1450 South and approximately 1550 East. Stephen Sheffield, applicant.

2.A roadway dedication for a portion of Riverside Drive located south of the intersection of Riverside Drive and Foremaster Drive. City of St. George, applicant.

Associate Planner Bradley explained with respect to the Boulder Springs Villas Phase 1, the erosion lines are shown on the plan displayed. The 100 year flood plain is also detailed. The applicant has agreed to elevate the pads an additional foot as a result of the flood.

Mayor McArthur asked if the council is being asked to approve something in the flood plain.

Associate Planner Bradley indicated that is correct. He explained the Planning Commission recommends approval subject to further river corridor erosion evaluation and a stipulation that the elevation of the monument which is to be set in the private road is to be completed and noted on the plat prior to the Mayor?s signature, recording of the plat, and issuance of building permits, and acknowledge the applicants commitment to raise the finish floor elevation of the lots within the 100-year flood plain an additional foot.

Mayor McArthur asked why the council would allow the applicant to build in the flood plain without looking at things being taken care of above the road, especially since the flood in January.

Mr. Rosenberg explained the City participated in the installation of a flood wall that was about 40 feet wide and 8 feet thick. He indicated there are flood hazard warnings on the plat, pad elevations have been increased, and a block wall has been designed to withstand some hydrological forces. There are some inaccuracies in the drawing as a result of the changes in the Virgin River. He commented that the flood plain models assume a steady river bottom; however, the river is moving its bottom, making the flood plain models inaccurate. He explained this plat meets all the requirements of the existing City ordinances.

Mayor McArthur asked if flood insurance can be put on the plat as a requirement.

City Attorney Guzman commented it can put on as a recommendation but not as a requirement.

The council discussed a river stability study done in around 1999.

Mr. Rosenberg commented that the stability study done on the Santa Clara River did not anticipate what happened with the flood in January 2005.

Council Member Orton asked with regard to all the changes that occurred in the river, should the council be looking at approving a plat in the flood plain. He suggested the council should really look at all of the changes before allowing building in the flood plain.

City Attorney Guzman advised that the council has the power to reconsider this plat based on recent events.

Council Member Orton suggested the council reconsider all building in the flood plain based on recent events.

City Attorney Guzman indicated that if the engineer thinks the applicant has done something above and beyond what is required right now, the council can approve the final plat.

Council Member Allen asked Mr. Rosenberg what his decision would be as a member of the Santa Clara City Council, if this plat were presented to that council.

Mr. Rosenberg commented that the City and developer have made a significant investment in the existing erosion protection. The subdivision is basically built except for the pavement. None of the lots were impacted by the flood. He discussed the different conditions in the river and what can be done to maintain it including removing the tamarisk. The subdivision has a very intense flood wall that goes above the minimum elevation.

Mayor McArthur commented that from what Mr. Rosenberg has just said, it would be advisable not to allow additional lots because the council does not know the affect of the changes in the river.



City Attorney Guzman commented that he would wary of any study predicated on the City removing tamarisk as it may make the City liable in the event of another flood.

Mayor McArthur suggested not allowing any more development in the flood plain until some of the questions have been answered.

Mr. Rosenberg suggested possibly holding some of the lots to be done in an additional phase, but would recommend amending the ordinance based on studies of the river.

City Manager Esplin advised that if this were a preliminary plat the development wouldn?t be developed as far as it is. However, the development was approved several months ago. Previously erosion control was the issue not the raising of the water. He suggested considering approval of those lots that are clearly out of the flood plain. However, the entrance to the property is also affected.

Council Member Orton expressed concern with more than this subdivision. What ever is done with this subdivision needs to be consistent with what is done in the future.

There was discussion regarding whether any other developments are in process that will be in the flood plain.

Mr. Rosenberg discussed the different theories and formulas used to come up with flood levels and that FEMA uses hydrology studies.

City Manger Esplin indicated there is a cooperative agreement being considered with Washington County regarding studying the Santa Clara River. It should be done in the next couple of months. He suggested the council review the study before making a final determination on other problems.

City Attorney Guzman suggested an option is to allow this development to move forward provided a developer agreement is reached indicating there may be new requirements as a result of the study.

The council discussed the need for the street at the entrance to be completed and thought it could be constructed now.

Council Member Gardner expressed concern that the council could be making arbitrary decisions unless decisions are based on some standard.

The group discussed the amount of time FEMA will take to do a study, which was estimated at least three years. The council discussed determining the flood plain based on the channel of the river as it exists now.

Mr. Rosenberg estimated costs for a full regional study at $250,000.

The council discussed the cost of the project from I-15 to Sun River as well as the cost to update a completed erosion study.

City Manager Esplin suggested tabling this plat approval at this time.

Motion:
Council Member Orton made a motion to table this final plat until the next regular council meeting.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Associate Planner Bradley indicated the roadway dedication is for a portion of Riverside Drive located south of the intersection of Riverside Drive and Foremaster Drive. The City of St. George is the applicant. The Planning Commission recommends approval.

Motion:
Council Member Gardner made a motion approve the roadway dedication.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Associate Planner Bradley indicated there is a request to approve a wall that exceeds six feet in height up, it is as high as 12 feet in areas located along the northerly boundary of the Castle Rock Subdivision.

There was discussion regarding the wall construction material. The wall is made of concrete.

Associate Planner Bradley indicated staff has met with applicants on sight. The applicants have hydro seeded the area. He displayed a picture of the wall and explained that there is concern with encroachment onto City property.

There was discussion regarding the property lines and if the wall encroached on City property. The slope off the wall is on City property, the wall itself is not. Concern regarding possible additional damage to City property was raised.

Milo McGowan stated the wall is on Castle Rock property. The spill over of the dirt is the concern of staff. He explained the slope has been raked, cleaned and hydro seeded based on the recommendation by Parks Superintendent Lynne Scott. The trail has also been graded. He indicated he has been working with the Parks Department to resolve concerns and issues raised.

City Manger Esplin commented regarding the stipulations and work that has been done, staff is satisfied.

Motion:
Council Member Gardner made a motion approve permission for the wall after the fact.

Council Member Bunker asked if this happens often, asking for forgiveness rather than permission.

City Manger Esplin indicated the wall can?t be torn down.

Second:
Council Member Orton seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Council Member Whatcott asked about maintenance of the wall.

City Attorney Guzman advised it would be the responsibility of the property owner.

Hillside Development Permit

Associate Planner Bradley explained a hillside development permit request for a proposed single-family residential phase within the Entrada Planned Development (proposed Kachina Cliffs Phase 2) located on the eastside of Snow Canyon Parkway at approximately 2800 North. The Hillside Review Board and Planning Commission recommend approval.

Motion:
Council Member Gardner made a motion approve the hillside permit.
Second:
Council Member Whatcott seconded the motion.

Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Associate Planner Bradley asked for clarification to a preliminary plat that was approved by council at Sun River phase 14. The Planning Commission recommended approval as presented, the council recommended approval with stipulations by Planning Commission. There is misunderstanding as what was approved with regard to this phase. There were two discussions, one regarding the sharp curve at one lot location, another involving a couple of lots and the placement of the pads. One lot went under the power line corridor. The applicant would like to break this phase into two phases, phases 13 and 14, phases 13 not being designed. A park has been made on the corner to avoid any sight concerns.

Council Member Gardner asked if the request is to approve both phases or only phase 14.

Associate Planner Bradley indicated the council is being asked to approve both phases and clarify how the council felt about the two pads. The sight distance issue has been resolved.

The issue of access was discussed. There are two points of access off of Blue Grass Way.

There was discussion regarding the request for clarification. The Planning Commission recommended approval with no stipulations, the motion from the council was to approve with the stipulations of the Planning Commission. Staff had concerns regarding site distances and the location of the two lots.

There was discussion concerning the stability of one of the lots.

Russ Owens indicated he did the geotechnical investigation on this sight and recommended a certain set back, which couldn?t be done due to utility easements. The lot in question has a 3 to 1 slope, stability wise there isn?t an issue.

Motion:
Council Member Gardner made a motion accept phases 13 and 14.

There was discussion regarding whether or not the Planning Commission recommended removing the two lots.

Mr. Owens indicated there is not a geotechnical recommendation to remove the two lots.

City Manager Esplin indicated the approval can be subject to staff reviewing the geotechnical review of lot number 1250.

Motion restated:
Council Member Gardner restated the motion to approve phase 13 and 14 as presented with staff review of the geotechnical report for lot number 1250.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a request for a conditional use permit to construct a detached garage with a height of 21 feet to roof peak in an R-1-10 zone at 3572 Santa Anita Drive.

Ray Snyder reviewed the height of garage and displayed photos. The Planning Commission recommends approval.

Council Member Gardner asked if any of the neighbors have voiced concerns.

Mr. Snyder indicated no complaints have been received.

The council discussed how close the garage will be to the corner.

Motion:
Council Member Gardner made a motion to approve a conditional use permit to construct a detached garage with a height of 21 feet to roof peak in an R-1-10 zone at 3572 Santa Anita Drive.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a request for a conditional use permit to construct a church in an R-1-10 zone at 1710 South River Road.

Ray Snyder reviewed the location of the area under consideration. The applicant would like to put a ball field and pavilion on the property. He displayed photos of landscaping plan and elevation. The Planning Commission recommends approval.

The group discussed the location of the area under consideration.

Mr. Snyder discussed circulation and driveway locations. He explained City Engineering understands that two driveways are needed; it?s on an arterial street and does not comply with City standards. However the busiest time will be on Sunday so the engineering is doable.

Mayor McArthur commented both driveways are necessary.

Mr. Snyder indicated the Engineering Department has been talking with LDS Church representatives. They would like to get it approved as is and at the time the intersection on 1800 South is constructed, the driveway would be disposed of and a new one constructed.

The council discussed the ownership of the property and when the property was sold.

Dennis Patten commented that when this project was first brought to staff the driveways were as they are shown. When brought to the Planning Commission the driveways were relocated as a property owner didn?t want anyone using his private dirt road. When the intersection is developed, access will be constructed off the new intersection.

Motion:
Council Member Orton made a motion to approve a conditional use permit to construct a church in an R-1-10 zone at 1710 South River Road.
Second:
Council Member Gardner seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a request for a conditional use permit to construct a church at 2200 East Riverside Drive in an R-1-6 zone.

Ray Snyder indicated the building is on 4.5 acres, there will be no pavilion or ball field. The Planning Commission recommends approval.

Motion:
Council Member Whatcott made a motion to approve a conditional use permit to construct a church at 2200 East Riverside Drive in an R-1-6 zone.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.


Consider approval of a proposal to expand the down payment assistance program using federal CDBG funds to all areas of the City for qualified persons.

City Manager Esplin indicated the program was originally tied to the older section of town, but there are not many opportunities in that area, so staff would like to expand it to any areas of the City that qualifies for CDBG approval.

Council Member Gardner asked if there is anything other than remodeling going on.

City Manager Esplin indicated there have multi family development and some funding to defray impact fees. If the remaining funds are not used, they are lost.

There was a brief discussion regarding how this program is advertised. Organizations like the Southern Utah Home Builders Association (SUHBA) and the Housing Authority provide information on this program to citizens.

Community Development Director Nicholson indicated there aren?t many homes for sale in the old area of town and that most of the $92,000 has been spent.

Matt Loo gave an accounting of the amount left which is about $18,000. He explained he has worked with Color County and other realtor associations to get the word out. About 65 applications have been processed and about 16 families have been beneficiaries of the grant. He commented that the requirements of the program are stringent.

There was brief discussion concerning Habitat for Humanity projects that may qualify for this funding.

There was discussed concerning other improvements that may qualify for the CDBG funds.

Motion:
Council Member Gardner made a motion to expand the down payment assistance program using federal CDBG funds to all areas of the City for qualified persons.
Second:
Council Member Orton seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a cooperative agreement with UDOT/Horrocks Engineers to provide a Bluff Street corridor evaluation.

City Manger Esplin discussed the cost of the evaluation and whether it should be borne by the State as Bluff Street is a State highway. It is unclear when the State will make this a high priority and allocate funds for the project. However, if the City is willing to share costs, the State may move the project higher on the priority list. It is staff?s recommendation that although it?s technically a State problem, there is a need to be proactive in conducting the traffic studies along this corridor.

Motion:
Council Member Whatcott made a motion to approve a cooperative agreement with UDOT/Horrocks Engineers in the amount of $50,000 to provide a Bluff Street corridor evaluation.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.






Consider approval of a transfer of property on 100 East from Washington County to the City of St. George.

City Manager Esplin explained this item is to accept the transfer of an existing parking lot on 100 East from Washington County in exchange for ten parking stalls in the new parking structure. It?s a good deal for the City.

Motion:
Council Member Orton made a motion to approve the transfer of property on 100 East from Washing County to the City of St. George.
Second:
Council Member Bunker seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Consider approval of a resolution requesting a loan from the State of Utah for the repair of flood damage.

City Manager Esplin explained the State has asked for a resolution requesting participation along with a list of projects that will be included in the loan. It will be due May of 2006 at a current interest rate of 2%.

Motion:
Council Member Gardner made a motion approve a resolution requesting a loan from the State of Utah for repair of flood damage.
Second:
Council Member Allen seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Bunker: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried

Consider approval of an agreement with Washington County regarding the sponsorship of the NRCS EWP program and determining City responsibility.

City Manger Esplin explained this is the group that works in concert with FEMA in helping with restoration of flood channels, bank stabilization and removal of debris from the river. The sponsor of this project is Washington County. The County won?t accept this program unless the City?s participating will agree to match funds. If approved, it should be subject to changes being made by the City Attorney. The City will be responsible for 25% matching funds of any improvements done in our area.

Motion:
Council Member Gardner made a motion approve an agreement with Washington County regarding the sponsorship of the NRCS EWP program and determining City responsibility, subject to City Attorney approval.
Second:
Council Member Whatcott seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Bunker: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried


EXECUTIVE SESSION:

Motion:
Council Member Allen made a motion adjourn the regular meeting and convene executive session to discuss litigation and a property purchase.
Second:
Council Member Whatcott seconded the motion.
Vote:
Mayor McArthur called for a roll call vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Bunker: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried

ADJOURN EXECUTIVE SESSION AND RECONVENE THE REGULAR MEETING:

Motion:
A motion to adjourn executive session and reconvene the regular meting was made by Council Member Whatcott.
Second:
The motion was seconded by Council Member Gardner.
Vote:
Mayor McArthur called for a vote, and all voted aye. The motion carried.

New Business
Discussion concerning the Foremaster property

City Attorney Guzman indicated the property owner deeded the property to the City in exchange for the two letters with the Mayors signature. They are asking for the City to bring in clean fill surplus at some point. The second letter is regarding the road that intersects Riverside Drive. The agreement is that the City will align the roadway so the property owners can make use of their property.

Flood Damage Report
City Manager Esplin gave a status report of what is being done for the flooding. He detailed the immediate concerns. He reviewed the costs to each department and the amount of money that will be covered by FEMA and what has to be covered by the City.

Council Member Gardner updated the council on a meeting he attended with FEMA.

ADJOURNMENT
Motion:
Council Member Bunker made a motion to adjourn the meeting.
Second:
Council Member Whatcott seconded the motion.
Vote:
Mayor McArthur called for a vote; all voted aye, motion carried.

Minutes recorded by:



Ren? Fleming Deputy City Recorder