City Council Minutes

Thursday, September 23,2004



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 23, 2004, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Kevin Latrelle, a Life Scout, and the invocation was offered by Pastor Lary Sharp of the St. George Community Church.

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

Mayor McArthur announced that the 28th annual Marathon would be held October 2, with the Mayor?s Walk preceding the race.

Mayor McArthur announced that a Debris-Free Dixie Day would be held for the west side of the City on October 9, and for the east side of the City on October 23.

Mayor McArthur announced that Item 6F, to consider a request to allow three lots in the Avallon at Meadowood Subdivision to have two story homes rather than one story homes, Item 6G, to consider approval of a conditional use permit for a parking lot in an R-1-10 zone adjacent to the Trinity Lutheran Church at 2260 E. Red Cliffs Drive, and Item 6H, to consider approval of a conditional use permit to construct an elementary school in the Little Valley area at the northwest corner of Little Valley Road and Valley Springs Drive (approximately 2800 South), were tabled from the agenda and would be considered at a later meeting.

AWARD OF BID:
Consider award of a blanket contract for alum for the Water Treatment Plant.

Purchasing Agent Sue Swensen presented two bids received:

Nalco - No bid
Thatcher Chemical - $58,254

She recommended award of the bid to Thatcher Chemical in the amount of $58,254.

MOTION: A motion was made by Council Member Gardner to award the bid to Thatcher Chemical in the amount of $58,254.

SECOND: The motion was seconded by Council Member Allen.

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

AWARD OF BID:
Consider award of a blanket contract for sodium hypochlorite for the Water Treatment Plant.

Purchasing Agent Sue Swensen advised that proposals were sent to several vendors, but only three responded, as follows:

Thatcher Chemical - $33,750
LA Chemical - $45,000
Nalco - No bid

She recommended award of the bid to the low bidder, Thatcher Chemical, in the amount of $33,750.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Thatcher Chemical, in the amount of $33,750

SECOND: The motion was seconded by Council Member Allen.

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

AWARD OF BID:
Consider award of bid for the extension of 200 East Street to the Red Hills Parkway.
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Page Two

Purchasing Agent Sue Swensen presented three bids received, as follows:

H. E. Davis Construction - $1,413,469
Meadow Valley Contractors - $1,431,686.03
Interstate Rock Products - $1,847,921.75

She recommended award of the bid to the low bidder, H. E. Davis Construction, in the amount of $1,413,469.

Council Member Orton commented that the low bid was within the engineer?s estimate for the project.

Public Works Director Larry Bulloch explained that the new road will extend from the office building on 200 East and connect to the Red Hills Parkway. The project will be completed within 40 days. The roundabout will be designed and a change order will be negotiated and brought back to the City Council at a later date.

Mayor McArthur explained that the project will not encroach on private property, but will be on City property only, and will consist of a three lane road.

MOTION: A motion was made by Council Member Bunker to award the bid to the low bidder, H. E. Davis Construction, in the amount of $1,413,469.

SECOND: The motion was seconded by Council Member Gardner.

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

AWARD OF BID:
Consider award of bid for a 100 foot self-support radio tower and accessories.

Purchasing Agent Sue Swensen recommended purchase of the tower and accessories through the State contract with Radian Communication Services, Inc. in the amount of $25,125.

MOTION: A motion was made by Council Member Whatcott to approve the purchase from Radian Communication Services, Inc. in the amount of $25,125.

SECOND: The motion was seconded by Council Member Orton.

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

City Manager Gary Esplin advised that the communication tower will be used by other City departments, as well as the Police Department.

Mayor McArthur advised that the communication tower would replace the tower currently located on the West Black Ridge above the ?D?.

AWARD OF BID:
Consider award of bid for pulling and settling wells, including miscellaneous parts needed to repair and reset the wells.

Purchasing Agent Sue Swensen advised that bids were received from Gardner Brothers Drilling, Cutler Pump, and Southwest Sales. She recommended award of a blanket contract for each of the vendors, using the lowest priced bidder first, if available, and then the next lowest bidder, in the amount of $50,000 each.

MOTION: A motion was made by Council Member Gardner to award a blanket contract to Gardner Brothers Drilling, Cutler Pump, and Southwest Sales in the amount of $50,000 each.

SECOND: The motion was seconded by Council Member Whatcott.

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

AWARD OF BID:
Consider award of bid for a 1.5 ton full size cab and chassis for the Parks Department.

Purchasing Agent Sue Swensen advised that bids were requested from all State contract holders and from all local vendors. Bids were received as follows:

St. George Ford - $26,188
Painters Sun Country - $30,942
Butterfield Ford - $26,149

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She explained that St. George Ford was within 5% of the non-local State contract bid and has agreed to match the low bid from Butterfield Ford.

MOTION: A motion was made by Council Member Orton to award the bid to St. George Ford in the amount of $26,149.

SECOND: The motion was seconded by Council Member Allen.

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

ACCEPT DONATION:
Consider acceptance of a $100,000 donation from Heritage Bank for the dinosaur track site building fund.

Brian Chadaz, President of Heritage Bank, explained he was honored to present a donation in the amount of $100,000 to the Dinosaur Discovery Site at Johnson Farm from the Brent and Bonnie Beesley Foundation. The Beesleys own Heritage Bank. He requested that the donation be used to honor Dick and Ferris Mathis, and that a classroom/media room at the dinosaur site be named in their honor and a plaque be placed in honor of their contributions to the community.

City Manager Gary Esplin stated he would like Mr. and Mrs. Beesley and Mr. and Mrs. Mathis to be present when the room is dedicated.

Mayor McArthur accepted the check with thanks.

MOBILE CATERING LICENSE:
Consider approval of a mobile catering license for Market Place Grill. Eugene Okos, applicant.

City Manager Gary Esplin explained that the Business License Officer has reviewed the application and it meets City standards. Under the City Code, mobile food vendors are allowed to do business in commercial zones only, and he would like this clarified so that there is no misunderstanding. Staff recommends approval.

Council Member Orton inquired about the route.

City Manager Gary Esplin replied that submittal of the route should be made a part of any approval.

MOTION: A motion was made by Council Member Orton to approve the license subject to submittal of a route.

SECOND: The motion was seconded by Council Member Whatcott.

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

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a restaurant liquor license for a Gun Barrell restaurant. Mark Howard Walker, applicant.

Council Member Gardner declared a conflict of interest and advised he would not vote.

City Manager Gary Esplin explained it was his understanding the City has not received the exact location of where the front doors to the building will be located, and this is needed in order to determine the distance from nearby churches, schools, and other public properties. A separation of 600' is required. State law requires the distance be measured as the average person would walk, and not by a circuitous route. If the applicant meets all the other requirements, the City Council could approve the license and local consent subject to a determination by the City Attorney and City Manager that the distance requirements are met. The City Council does not have the authority to grant a variance from the 600' requirement, and the State Alcoholic Beverage Commission will not grant a liquor license if the 600' requirement is not met.

Ray Rosenthal, representative for the applicant, advised that a site map with the exact location was supplied to the Business License Officer.

City Manager Gary Esplin replied that the configuration showed that the distance measurement from the front door to a nearby church was less than 600'

Mr. Rosenthal explained that the normal walking distance to the front door of the restaurant would be around the building, and not from Bluff Street.

Mr. Esplin replied that a line drawn from the front door of the restaurant to the church property is less than 600', and he did not think the average person would walk all the

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way around the building. This position will also have to be defended to the State. The City has no problem with the application, but wants to make sure it meets Code and the that State will not deny it.

MOTION: A motion was made by Council Member Orton to approve the beer license and local consent for a restaurant liquor license if the distance requirement falls within the guidelines of the City Code.

SECOND: The motion was seconded by Council Member Allen.

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

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

The motion carried.

LIFT MANDATORY WATERING RESTRICTIONS:
Consider lifting the mandatory watering restrictions as well as consider adding the restrictions as part of Stage One of the Culinary Water/Drought Management policy.

City Manager Gary Esplin explained that the recommendation from the Water Department and Conservation Coordinator is to lift the mandatory watering restriction due to the cooler weather and decreased amount of usage. However, the City still encourages citizens to water during appropriate hours of the day. Staff also recommends that Stage One of the Conservation and Drought Management Policy be amended to include mandatory watering restrictions between the hours of 8:00 a.m. to 8:00 p.m. regardless of what the water usage is or drought condition, as this is the best time of day to water and is more efficient.

Ren? Fleming, Conservation Coordinator, explained that it will soon be the best time to plant new landscaping as the weather begins to cool. She explained that there was an increase in water usage this year due to increased growth, but overall the citizens did very well in their conservation efforts. August and September usage this year was down from last year?s usage. There was, however, an increase in June and July, with a net effect of about an 8% increase in water use over a three month period. The maximum amount of water used this year was about 38,000,000 gallons a day, but in 2001 over 41,000,000 gallons were used, so the overall peak demand has been lower.

City Manager Gary Esplin commented that it was critical to understand that even though the City has grown 5-6%, the actual usage in peak demand was less this past year, and he congratulated the citizens of St. George on their conservation efforts.

Ms. Fleming explained that this was the first year of the Dixie Alert program. The City?s electrical peak demand has grown from 136 megawatts to 148 megawatts this year, which is a large growth. She stated she hoped that next year as education about energy conservation continues, more people will be aware of the program and help to manage the peak demand.

MOTION: A motion was made by Council Member Whatcott to lift the mandatory watering restrictions, but include in Stage One of the Culinary Water/Drought Management Policy mandatory watering restrictions.

SECOND: The motion was seconded by Council Member Orton.

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

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 14, 2004, recommended that public hearings be scheduled for October 21, 2004 at 5:00 p.m. to consider (1) a zone change from R-2 to PD Residential with two triplex buildings with a total of six dwelling units on .76 acre at 400 North and approximately 450 West, Chuck Spilker, applicant, and (2) a zone change from A-1 to RE-12.5 on 7.67 acres located at approximately 2580 East 1150 South, Skyler Lawrence, representative for MK Cox Dev., Inc., applicant.

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

SECOND: The motion was seconded by Council Member Gardner.


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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 14, 2004, recommended approval of the preliminary plat for Serenity Hills located at the northeast corner of the 2000 South and 2580 East intersection. Bryce Rowley is the applicant.

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

SECOND: The motion was seconded by Council Member Gardner.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting
held September 14, 2004, recommended approval of the preliminary plat for Tuscan Hills Phase I located south of Plantations Drive and west of Dixie Drive subject to providing a median in the parkway and subject to staff?s comments, as follows:

a. A numbering system for the buildings.
b. Setbacks as required by City Code.
c. Modification of guest parking spaces so as not to conflict with City Code.
d. Inclusion of a planted median in the new 90 ft. road.

Guy Haskell is the applicant.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 16, 2004, recommended approval of the preliminary plat for Tuscan Hills Phase 2 located at south of Plantations Drive and west of Dixie Drive subject to the City and applicant work together to allow meandering sidewalks and subject to staff?s comments, as follows:

1. The front setback be 25 ft. rather than 20 ft., and the rear setback may be 10 ft. rather than 15 ft., depending on the applicant?s design request.
2. The ridge line between Lots 3 and 4 requires verification.
3. A stub street to access the common area/club house should be shown somewhere in the vicinity near Lot 116. Site distance will require review.
4. The curvature of the road between Lots 12 and 94 requires additional review.

MOTION: A motion was made by Council Member Orton 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.

LOT SPLIT/BUILDING PERMIT:
Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held September 14, 2004, recommended approval of a lot split at the northwest corner of 3000 East and Seegmiller Drive subject to a 15 ft. trail easement along the westerly property line and the following conditions:

1. Separate deeds shall be prepared for each parcel.
2. Legal descriptions for each lot.
3. A utilities and drainage easement shall be completed and recorded.
4. The applicant shall submit for review all legal documents to the City Attorney?s Office.
5. The applicant shall obtain a building permit for the proposed single family residence on Parcel 2.
6. A septic tank shall be permitted for the single family residence on Parcel 2 only, until such time as City sewer becomes available. At that time the property owner shall abandon the septic tank and convert to City sewer.
7. Dedicate half width right-of-way on Seegmiller and 3000 East for Parcel 1 and 2.


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8. Enter into a delayed improvement agreement for improvements along the frontage of Parcel 2 on Seegmiller Drive.

Staff recommends approval of the building permit for Parcel 2, as follows:

1. The applicant shall submit for review all legal documents to the City Attorney?s Office.
2. A septic tank shall be permitted for the single family residence on Parcel 2 only, until such time as City sewer becomes available. At that time the property owner shall abandon the septic tank and convert to City sewer.
3. A deed restriction be placed on the proposed remaining Parcel 1 (9.072 acres). The restriction could be removed once sewer is extended to the area.
4. Dedicate half width right-of-way on Seegmiller and 3000 East for Parcel 1 and 2.
5. Enter into a delayed improvement agreement for improvements along the frontage of Parcel 2 on Seegmiller Drive.

City Manager Gary Esplin explained that a study was being done to extend the sewer line to within a block of the property in question. He inquired if this was close enough to require connection to it. The City has taken a stand on concurrency and does not allow a building permit unless on a large lot. He inquired if this request met the City?s policy on concurrency.

Council Member Orton inquired if the City would require the applicant to sign an agreement that he would not protest any improvements or a special improvement district.

City Manager Gary Esplin replied that the City would normally require this, along with a stipulation that when the sewer is within a certain distance from the property, it is mandatory that the applicant hook to it. Another issue to be considered is that the property does not sit on a fully improved street. From a planning standpoint, it is not a problem to allow one dwelling on the size of lot in question, but how does the City make sure that the road dedication is made and improvements completed and the sewer connected to.

Mayor McArthur inquired about requiring the applicant to sign a letter of non-opposition to future improvements or a special improvement district.

City Attorney Shawn Guzman replied that his would be OK if the property never changed hands. However, something should be drafted to run with the property, and the City should ask for more than a letter of non-opposition and the roadway dedication up front.

Chuck Spilker, applicant, explained that it is his intent to build his home on Parcel 2 and to hook to the sewer when it is ready. The reason he is requesting a lot split is because he did not want to mortgage the entire ten acres.

Council Member Orton inquired if Mr. Spilker would be required to hook to the sewer if it were only one block away.

Mr. Spilker commented that if the sewer were located next to him, he would certainly hook to it. However, he paid for the water line to that location and feels he has paid his dues to bring improvements to the location. He stated he did not want to wait for the sewer and wanted to take out his building permit within the next 30 days. He stated he would run a dry sewer so that he could hook to it when it was available.

City Attorney Shawn Guzman advised Mr. Spilker that he would have to provide the roadway dedication up front.

Mr. Spilker replied that he would do whatever is required. He stated that the balance of the ground would not be developed as he would be using it as a roping arena and pasture.

Council Member Whatcott commented that Mr. Spilker?s septic tank may only be used for six months or so.

Mr. Spilker replied that he realized this and had taken it into consideration, but he would prefer to pay the cost for the septic tank and get started rather than wait for the sewer.

City Manager Gary Esplin stated that installation of the sewer in the general area depends on the outcome of the zone change hearing later on in this meeting, and if approved, it may be spring before it is installed.

Council Member Whatcott inquired about setting distance parameters for requiring hook-up to a sewer line.

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September 23, 2004
Page Seven

City Attorney Shawn Guzman replied that this is a policy, and can be included in any agreement made with Mr. Spilker, as well as when road improvements will be required to be installed.

City Manager Gary Esplin advised that a distance requirement had already been established, but he did not know what it was.

Community Development Director Bob Nicholson advised that it is 300' per State Code.

City Attorney Shawn Guzman advised that the City?s policy can be more restrictive than the State Code.

MOTION: A motion was made by Council Member Orton to approve the lot split and building permit 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.

LOT SPLIT:
Assistant Planner Ray Snyder advised that the Planning Commission recommended approval of a lot split for property located at 461 Diagonal subject to the following conditions:

1. Separate deeds shall be prepared for each parcel.
2. Legal descriptions for each lot.
3. A utilities and drainage easement shall be recorded.
4. The applicant shall submit for review all legal documents to the City Attorney?s Office.
5. The applicant shall record a Reciprocal Access Agreement to accommodate access onto the back portion of Parcel 1 through Parcel 2.

MOTION: A motion was made by Council Member Whatcott to approve the lot split subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Allen.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to R-1-10 Single Family Residential on 1.51 acres located at approximately 1960 East and 2700 South between River Road and the Jedora Estates Subdivision. Will Powell, applicant.

Community Development Director Bob Nicholson explained that the subject property consists of 1.5 acres just east of River Road. There is R-1-10 zoning to the west and east, and the General Plan indicates low density residential for the area. The zone change request is consistent with the General Plan, and the Planning Commission recommended approval.

City Manager Gary Esplin advised that the City Council approved an abatement in assessment for lots larger than one acre. Mr. Powell, therefore, did not pay the full assessment. He recommended that any approval require the full assessment to be paid.

Will Powell, applicant, advised that he had no problem with paying the full assessment, but there may be some discrepancy as far as hooking up to the sewer system. The original assessment was for hook-up on River Road, and he did not hook up at this location.

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 zone change by ordinance with the requirement that the full SID assessment be paid.

SECOND: The motion was seconded by Council Member Allen.

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

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

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Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 Single Family Residential to Planned Development Residential on 4.58 acres for the expansion of the Trendwest Resort vacation property at 1157 South Plantations Drive. Trendwest Resort, applicant.

Community Development Director Bob Nicholson explained that the subject property consists of a vacation rental project. The proposed expansion is almost 4.5 acres out front and along Plantations Drive. Three buildings are proposed, each three stories at 39 feet to the roof peak, with a total of 69 units which will be part of the rental project. The Planning Commission recommends approval subject to the developers being responsible for road improvements along Plantations Drive and installation of the public road which separates Trendwest from Las Palmas.

Rick Rosenberg explained that the zone change will clean up a remainder piece of property which was originally part of The Plantations. The developer will also build the extension to Plantations Drive.

Council Member Bunker inquired about the commercial aspect of the project and its impact on the neighborhood.

Jeff Chapman advised that the project would increase traffic in the area, but traffic impact studies have shown it will be OK. When Plantations Drive is opened up, it will take a large portion of the traffic away from the residential area.

City Manager Gary Esplin stated he lived in the area and he did not feel the project would add that much more traffic, and the opening of Plantations Drive is critical.

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 zone change by ordinance subject to the recommendations of the Planning Commission.

SECOND: The motion was seconded by Council Member Bunker.

Community Development Director Bob Nicholson requested that the motion contain the condition that a median may be required.

Rick Rosenberg advised that the road has been designed to facilitate a median as part of the Plantations project.

AMENDED MOTION: Council Member Gardner amended his motion to include the condition that a median may be required.

AMENDED SECOND: Council Member Bunker agreed with this amendment.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND PD/ORDINANCE:
Public hearing to consider amendment of the Pheasant Springs Planned Development Zone by changing the plan on the undeveloped 7.9 acres to include a nine lot single family subdivision and an LDS church site at approximately 530 South Indian Hills Drive. Cary Blake, applicant.

Community Development Director Bob Nicholson explained that a plan was submitted in 1994, but went dormant. In 2000 an amended project was proposed for the portion to the south, was rezoned to R-1-7, and became the Pinebrook Subdivision, with public streets. The request at this time is to take the balance and create a nine lot subdivision with 9,300 to 13,000 sq. ft. lots, a public road, and a site for an LDS church. This would complete the Pheasant Springs PD project as it now exists. The main issue is the road.

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The developers propose a public street to serve the nine lots and a private street to serve the existing Pheasant Springs development. The City received a letter from the Pheasant Springs development asking the City to take over maintenance of the private streets. The City responded that the street would need to be improved to City standards, however, the street is already improved with a 50' cross section and 35' of asphalt. There are no sidewalks and no street lights. The setbacks are not standard for a public street. When this item was presented to the Planning Commission, the Planning Commission recommended that each road be terminated with a cul-de-sac and crash gate, and that through traffic not be allowed. Staff is in favor of a connecting road to form a continuous loop. The Planning Commission also recommended that the residents maintain the access to the City park, that the line of sight not be obstructed with any structures, and that the developer be responsible for terminating the roads with cul-de-sacs.

City Manager Gary Esplin commented that it would be difficult to not require the two roads to be connected for walkability and access to the neighborhoods. Staff recommends that the City take over the private street, waive the issue of street lights at this time with the understanding that at some time down the road they may be put in through a special assessment district. The sidewalk issue can be dealt with through a contribution from the church and developer, and split with the owners for a sidewalk on one side of the street. However, this may be difficult because of the 20' setback. He stated he did not think this case would set a precedent because the width of the street meets City standards. He stated he felt strongly the roads should be connected, and if the City has to take over maintenance of them, it should do so. The two smaller roads not connected to the church site should be maintained by the HOA and cul-de-saced. He stated he would like to explore the possibility of participation to try and have sidewalk on one side of the street, but if this does not happen, he believed the street should still be public.

Council Member Whatcott commented that a few years ago when Bloomington Hills was annexed without curb, gutter, sidewalks, or streets that met City standards, the City was not required to maintain them until the residents of the area brought them up to City specifications. The street in question is probably built to City specifications, but the question remains with regard to street lights and sidewalks.

City Manager Gary Esplin replied that in the Graham Subdivision, the City fronted the improvement costs and then gave the residents a period of time within which to pay the costs.

Community Development Director Bob Nicholson advised that this was also done in the Southwind Subdivision.

Mayor McArthur announced that dedication of the Blake Park would take place Thursday, September 30 at 4:00 p.m.

Cary Blake, applicant, advised that it would be difficult to put in crash gates. The Planning Commission asked for cul-de-sacs and crash gates, but he would lose one lot if he had to do so, and this was too much to ask.

Mayor McArthur opened the public hearing.

Gail Howick, a resident of Pheasant Springs, stated she was in favor of a public road and would be willing to work with the City to make this come to pass. She stated that to put in sidewalks would be extremely disruptive, and the City, at times, has waived this requirement. The Association has funds if lights are necessary, and could contribute, but she did not think many lights were necessary as there is already a light at the head of the street and at the other end, and the church would have lights in its parking lot. City participation would be appreciated if sidewalks are required. She suggested that the large circle of space (a vacant lot) in the subdivision might be used for placement of playground equipment for the children. She stated she felt a public road would be an advantage in safety issues, and was concerned about access for fire trucks and emergency vehicles. There are also drainage issues. Walls or gates divide a

neighborhood, and she was pleased to hear that a walkway will be provided for pedestrians to walk to church.

Vince Adams, a resident of Pheasant Springs, advised he was against public streets because of the cost. He inquired what the cost would be.

Public Works Director Larry Bulloch replied that for $500 per lot, street lights and sidewalk could be provided.

City Manager Gary Esplin advised that the City would be willing to work with the residents to set up a payment schedule over a period of time. He stated that maybe a contribution could be made by the church, and the City could do the labor. If sidewalks

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cannot be worked out, then the City would ask for street lights and spread the cost out among the 22 units. However, it would be in the residents best interest to put in sidewalks along one side of the public street so that children could walk safely to church and to the park.

Bob Godfrey, a resident of Pheasant Springs, expressed concern about the zig zag of property which could become a weed field. He inquired about the placement of a wall between the subdivision and the church.

Community Development Director Bob Nicholson advised that the church would be required to erect a wall. The wall would be a stipulation of the zone change since it is a PD zone.

City Manager Gary Esplin stated that staff recommends that the two side roads remain private as part of the plan with a turnaround at the end of each.

Jeremiah Swen stated that he favored the two side roads remaining private with the main road becoming public, as long as the cost remains minimal.

Karl Carter, owner of Lot 99, commented that people have parked in front of his home and blocked his driveway to pet nearby horses, and he objected to any kind of pedestrian access through the wall to the church site.

Kim Campbell, architect for the church project, advised that the church intended to take advantage of the zig zag property line for parking stalls. They also planned to build a block wall. He stated that with regard to the stub street issue, the first one is negotiable, but there would be a great deal of difficulty making the second street work. The church exceeds the parking requirements. The church plans on installing curb, gutter and sidewalk on Indian Hills Drive and a new street separating the church from the other nine lots. The church, however, does not like to have openings in their fences because of liability issues.

City Manager Gary Esplin advised that with regard to the second stub street, something had to be worked out so that the resident could get out of his driveway.

Mr. Campbell replied that something could be worked out, and the church would be willing to participate in some sort of sidewalk costs.

Mayor McArthur closed the public hearing.

MOTION: A motion was made by Council Member Gardner to approve the PD amendment by ordinance with the recommendation that staff work with the residents and church to facilitate the sidewalk without too much of a burden on the neighborhood, determine a minimal amount of lighting needed for the one public street and the installation of the lighting, and acceptance of the road as-is as a public street, with the applicant working with the residents to make sure the access to their individual units is not impaired.

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 Orton - aye
Council Member Allen - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 Agricultural to PD Residential with 108 single family lots and area designated for equestrian use on 54.18 acres located at 3000 East and approximately 2450 South. Brad Oliverson, applicant.

Community Development Director Bob Nicholson explained that the subject property is located on the southeast corner of 3000 East and 2450 South. Seegmiller Park is across the street and to the west. The General Plan identifies the area as rural residential, with a maximum of two units per acre. The applicant proposes to cluster the homes in the south portion of the property and set aside 11.7 acres for equestrian facilities. 42 acres will be used for 108 single family homes. The sewer will be brought down 3000 East. There are two 80' master planed roads, and the applicant is working with the


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September 23, 2004
Page Eleven

Wastewater Department to help pay for the extension of the sewer line. The Planning Commission recommends approval.

Ken Miller, representing the applicant, explained that the site is difficult to develop. A nice facility for equestrian use will be provided. The equestrian facility will be top of the line and professionally maintained. The remainder of the development will be residential and built on stable ground. The minimum size of the lots will be 12,500 sq. ft. Horses will be restricted to the equestrian facility and will not be allowed on the lots themselves. The first phase will consist of 40 lots, and at least the first set of stables will be built. The rest of the equestrian facility will be built according to demand. A proposed riding trail will be located parallel to the rights-of-way.

Council Member Bunker inquired if there would be only one access to the equestrian facility.

Mr. Miller replied that they are still debating this issue, but for purposes of security and control, one access would be best. In an emergency, the area can be accessed from any adjacent public street. Fences will be erected in the open space areas. Areas where homes will be built will be flood-proofed and allow for drainage without causing flooding.

Community Development Director Bob Nicholson advised that the building permit would be subject to any recommendations of the geo tech report.

Mr. Miller advised that he had the preliminary report and knows what must be done to stabilize the areas to be built upon and flood-proof the building pads.

Council Member Allen commented that the City Council normally sees colors as part of the PD presentation.

Mr. Miller replied that even though the zone requested is a PD zone, they would like to keep the options open for custom homes. There will be architectural control. Earth tones will be used.

City Attorney Shawn Guzman inquired what style of homes would be built.

Mr. Miller replied that there would be several different styles of homes to choose from, but there may be others too. The homes will primarily be stucco and stone.

Associate Planner Mark Bradley advised that the Planning Commission did not express any concern as the PD text says earth tones will be used, and they did not see any problem with the flexibility.

City Attorney Shawn Guzman advised that the applicant could be required to come back with elevations, colors and textures.

City Manager Gary Esplin commented that in a PD residential zone, the actual units are required to be shown. The applicant?s proposal sounds more like a subdivision.

City Attorney Shawn Guzman advised that in a PD zone, the actual units are required to be shown, either now or at a later date. The City Council could approve the request if it felt comfortable, but require elevations, colors and textures to be presented at a later date.

Council Member Whatcott commented that if someone buys a lot and chooses his or her own contractor, one of the designs presented would probably not be built.

City Manager Gary Esplin commented that restrictive covenants could restrict the style of home to be built.

City Attorney Shawn Guzman commented that he sees a lot of homes that do not conform to the covenants for the neighborhood.

City Manager Gary Esplin commented he liked the concept, but felt it was an aberration of a PD zone.

City Attorney Shawn Guzman commented that something could also happen and a new developer could take over the project not knowing the requirements placed on the development by the City.

Community Development Director Bob Nicholson advised that Stonecliff is a PD, but a variation of homes is allowed as long as they match the color and style of the area. Elevations for each home are not approved. Entrada is also a PD and has a townhome section and a custom home section with an overall theme, but renderings for every home on the estate lots are not required.

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September 23, 2004
Page Twelve

Council Member Allen commented that elevations have always been required for PD zones.

Council Member Orton inquired of Mr. Miller why he was requesting PD zoning rather than subdivision zoning.

Mr. Miller advised that he originally requested subdivision zoning, but the Planning Commission did not feel comfortable with a subdivision and wanted PD zoning in order to see what would be there. He requested flexibility in the type of homes that would be allowed.

Council Member Whatcott commented that it was understandable that an owner of a 12,500 sq. ft. lot would want his or her home individualized.

Mr. Miller advised that they had a preferred builder who would be building a majority, if not all, of the homes in the project. However, it would be hard to guarantee that.

Council Member Whatcott inquired of Mr. Miller if he was opposed to changing the zone to RE-12.5 with a homeowner?s association.

Mr. Miller replied that he would not be opposed to this.

Community Development Director Bob Nicholson advised that the City could require a development agreement to make sure the equestrian center is built in phases concurrently with the subdivision.

Council Member Whatcott inquired of Mr. Miller if he would be opposed to looking at RE-12.5 zoning with a development agreement rather than a PD.

Mr. Miller replied that he would not be opposed to this.

City Attorney Shawn Guzman advised that this would have to go back through the Planning Commission as a zone change, and then again be presented to the City Council.

Mr. Miller commented that time was running out for the project.

Community Development Director Bob Nicholson advised that the density of the project would not change; it would just be a different zoning approach to the same development.

City Manager Gary Esplin stated that there was no concern with the project, but he worried that philosophically another zone was being created, and this is not what PD zoning was envisioned for and is not the real intent of PD zoning.

Council Member Gardner commented that flexibility should be allowed.

John Ames, ReMax Realty, commented that the City should require a stamp from homeowners associations before approving projects.

City Attorney Shawn Guzman replied that the City had no standing to enforce CC&Rs.

Mr. Ames commented that the proposed project should remain a PD to ensure quality and standards.

Council Member Gardner read the PD provisions of the City Code, and commented that the provisions were more of a general statement allowing some room for developers to do what they want to do.

Mr. Miller inquired if a PD would give the developer more control over the architecture of a project.

City Attorney Shawn Guzman replied that a PD allowed the City more control, while CC&Rs provide the developer more control.

Council Member Whatcott commented that in a typical PD the City sees all elevations, but the developer is one who comes up with the elevations.

City Manager Gary Esplin explained that enforcement of approved standards in a PD would be made by the City at the time the building permit is taken out.

Mr. Miller offered to bring in additional elevations. He stated that he was interested in architectural control of the project and was afraid that regular subdivision zoning would offer less control. A certain theme is desired for the project.


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September 23, 2004
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MOTION: A motion was made by Council Member Gardner to approve the zone change as requested and allow the applicant to bring in more detailed elevations.

Mayor McArthur asked for a second. After not receiving a second, the Mayor ruled that the motion died for lack of a second.

Council Member Whatcott commented that the City would be creating a new zone, and this would be a poor precedent to set.

City Manager Gary Esplin advised that the public hearing could be continued until the first meeting in October in order to give the applicant time to bring in additional elevations.

City Attorney Shawn Guzman advised that the public hearing could be closed and the discussion continued until the next meeting.

Council Member Orton inquired what would happen if in five years the stables were no longer wanted and were not maintained.

City Manager Gary Esplin replied that the PD would have to be amended.

MOTION: Council Member Gardner again restated his motion to approve the zone change as requested and allow the applicant to bring in more detailed elevations.

After no one seconded the motion, the Mayor ruled that the motion died for lack of a second.

Council Member Gardner commented that elevations have been submitted and he was comfortable with the theme of the project.

Community Development Director Bob Nicholson read from the City Code, and commented that it required the overall feel and design of the project rather than individual elevations for every lot.

MOTION: A motion was made by Council Member Gardner to close the public hearing but extend the discussion until the next work meeting so that the developer can present additional elevations which may more specifically limit or identify the theme so that a decision can be made at the next regular City Council meeting.

After no one seconded the motion, the Mayor ruled that the motion died for lack of a second.

City Manager Gary Esplin advised that the applicant would have to provide elevations for every lot in the subdivision.

Council Member Gardner replied that this goes way beyond what is required by the City Code.

City Manager Gary Esplin advised that he would schedule the discussion for the next work meeting, along with a discussion on the philosophy of the PD zone. Final action would be scheduled for the next regular City Council meeting.

Council Member Whatcott commented that he did not think the public hearing should be closed if elevations were going to be presented at a later date.

Rick Rosenberg commented that in several PD projects he has worked on, specific elevations were not required throughout the project, but rather just enough to satisfy the character of the neighborhood.

City Manager Gary Esplin suggested that the public hearing be continued until the first regular meeting in October, allow the applicant to bring in additional renderings, and have a discussion on this issue in the next work meeting.

City Attorney Shawn Guzman reminded that a request for different zoning would have to go back through the Planning Commission.

MOTION: A motion to continue the public hearing until the first meeting in October and allow the applicant to bring in additional renderings for the PD was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Whatcott.


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September 23, 2004
Page Fourteen

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

Further action on this item was taken later in the meeting.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amending the zoning regulations of Title 10, Chapter 18, St. George City Code, regarding the height and location of fences and walls on corner lots. City of St. George, applicant.

Mayor McArthur opened the public hearing.

John Ames explained that he owns a home in The Springs on a corner lot which backs up to a park and main road. He is also in the process of building a pool and finishing a wall. The lot sits 2.5 feet above the roadway. He distributed a picture of his lot. He explained the wall project was red-tagged by the City?s Enforcement Officer because the wall is too tall. He stated his wall is not a sight safety issue.

Community Development Director Bob Nicholson reviewed applicable sections of the City Code.

Mayor McArthur advised that the public hearing would be continued until the City Council meeting of October 7.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amending the zoning regulations of Title 10, Chapter 19, St. George City Code, to change the parking standards for various levels of school. City of St. George, applicant.

Associate Planner Mark Bradley distributed a letter from the School District. He advised that staff met with Phil Williams and the architect to resolve issues. The proposed amendment updates the educational levels used in St. George and also refers to schools as teaching stations. He then reviewed the proposed amendment. The Planning Commission recommends approval.

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 ordinance.

SECOND: The motion was seconded by Council Member Bunker.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a request to allow three lots in the Avallon at Meadowood Subdivision to have two story homes rather than one story homes. Clayton Leavitt, applicant.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a parking lot in an R-1-10 zone adjacent to the Trinity Lutheran Church at 2260 E. Red Cliffs Drive. Trinity Lutheran Church, applicant.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct an elementary school in the Little Valley area at the northwest corner of Little Valley Road and Valley Springs Drive (approximately 2800 South). Washington County School District, applicant.

This item was tabled.




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September 23, 2004
Page Fifteen

CONDITIONAL USE PERMITS:
Consider approval of a conditional use permit to construct a detached garage with a height up to 19'6" located within an A-1 zone at approximately 2300 South and 2410 East. Jon Von Euw, applicant.

and

Consider approval of a conditional use permit to construct a detached garage with a height up to 19'6" within an RE-20 zone at 2492 East 2150 South Circle (Crimson Cliffs Subdivision, Phase 2). Mike Cogan, applicant.

Assistant Planner Ray Snyder explained that staff is comfortable with the requests but would recommend the following conditions of approval:

1. A building permit must be obtained.
2. The applicant needs to be formally made aware that the accessory structure may not be used for any business purpose.
3. Staff recommends approval of the accessory structure for an accessory residential use only.

Mr. Snyder advised that the properties are interior lots, and no objections from neighbors have been received.

MOTION: A motion was made by Council Member Orton to approve both conditional use permits subject to the conditions recommended by staff.

SECOND: The motion was seconded by Council Member Bunker.

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

AGREEMENT:
Consider approval of professional services agreement with Kim Campbell to design the next phase of the Art Center renovation.

City Manager Gary Esplin advised that staff recommends approval.

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

SECOND: The motion was seconded by Council Member Orton.

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

AMENDMENT TO AGREEMENT:
Consider approval of an amendment to the agreement with Tonaquint, Inc. to improve Airport Road.

City Manager Gary Esplin explained the amendment would allow any surplus dirt generated by the project to be taken to the old dump site.

Council Member Gardner expressed concern with coloration of the hillside.

Public Works Director Larry Bulloch explained that the City made a commitment to do certain restorative work and reseeding.

City Manager Gary Esplin explained that covering the dump is required by the EPA as
the site is closed out.

Public Works Director Larry Bulloch explained that the environmental assessment requires that the old dump site be covered in order to redevelop the property.

Council Member Gardner commented he was more concerned that the area be reclaimed in a way to blend in with the hillside.

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

SECOND: The motion was seconded by Council Member Council Member Whatcott.

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

AGREEMENT:
Consider approval of a professional services agreement with URS Corporation for Phase I of a redevelopment plan for the existing St. George municipal airport site.
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September 23, 2004
Page Sixteen

City Manager Gary Esplin explained that when the new airport is constructed, the City would like to redevelop and sell the old airport property and use the funds generated to help pay a portion of the City?s match for the new airport. A committee interviewed several companies and recommends that an agreement be entered into with URS Corporation. They did the Stapleton International Airport redevelopment project in Denver. The amount of the contract is $50,000.

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

SECOND: The motion was seconded by Council Member Bunker.

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

AGREEMENT:
Consider approval of an agreement with Rosenberg Engineering to design a sewer line from Sugar Leo to Sun River.

City Manager Gary Esplin explained that approval of the agreement will allow the City to increase the sewer capacity in the Hidden Valley area and do away with the lift station currently used in the Bloomington area. The line will be moved to the south and Sun River will be able to use it as well. The design cost will be shared with Hidden Valley, Sun River, and SITLA.

Kirk Klotz explained that the sewer line will cross the I-15 to the existing lift station at the bottom of Sugar Leo. The line will continue to Sun River, and will be gravity flow all the way. No additional flow will be carried to the lift station on Sugar Leo.

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

SECOND: The motion was seconded by Council Member Whatcott.

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

CLARIFICATION OF PARKING REQUIREMENT:
Clarification of parking requirements at Zion Factory Stores.

Mayor McArthur explained that previously Rene Daniels from the Zion Factory Stores advised that the bakery would be moving and replaced with retail. Another bakery now wants to locate in the same storefront.

Associate Planner Mark Bradley explained that the bakery was included when parking calculations were done. He displayed a site map.

MOTION: A motion was made by Council Member Orton to approve, with regard to parking requirements, the location of a bakery in the former bakery?s storefront.

SECOND: The motion was seconded by Council Member Bunker.

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

This matter was again discussed later in the meeting.

ADDENDUM TO FRANCHISE AGREEMENT:
Consider approval of an addendum to the franchise and right-of-way agreement with Interlynx.

City Manager Gary Esplin explained that the agreement will allow Interlynx to use the City?s power poles, and allow the City to use Interlynx?s lines. They would also like to locate a small building in the Energy Services yard for equipment needed to make the connections. The City Attorney has reviewed the agreement and staff recommends approval.

MOTION: A motion was made by Council Member Gardner to approve the addendum to the franchise agreement.

SECOND: The motion was seconded by Council Member Orton.

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

BEER LICENSE:
Consider a request for a beer license and local consent for a restaurant liquor license for the Big Island Bistro at 2 West St. George Blvd. Jeffrey Foote, applicant.
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September 23, 2004
Page Seventeen

City Manager Gary Esplin explained that Big Island Bistro is located in the former J J Hunan location in Ancestor Square. There is an existing liquor license at the Painted Pony. The application meets distance requirements and has been reviewed by the License Officer.

Jeff Foote, applicant, advised that the menu would consist of island cuisine with an emphasis on fresh seafood.

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

SECOND: The motion was seconded by Council Member Bunker.

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

CHANGE ORDER:
Consider approval of a change order for the Highland Drive extension project.

City Manager Gary Esplin explained that in order to have the project completed in a timely manner, a change order is needed for installation of a water line. The City would like to install the water line at the same time the roads are being built so that they do not have to be torn up at a later time.

Water Services Director Barry Barnum advised that there currently is no water line in the road at this location, and it is needed to help serve potential customers along the roadway.

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

SECOND: The motion was seconded by Council Member Allen.

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

PUBLIC HEARING