City Council Minutes

Thursday, July 7,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 7, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

EXCUSED:
City Manager Gary Esplin

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Council Member Rod Orton and the invocation was offered by Council Member Bob Whatcott.

Mayor McArthur announced that the ribbon cutting for the dinosaur musem was held today, and he thanked all who made it possible.

Mayor McArthur announced that the City?s Leisure Services Department was named Best of State, and he presented Leisure Services Director Kent Perkins with the award.

TABLE ITEM:
Mayor McArthur advised that Items 6P, to consider approval of a professional services agreement with the City Manager, and 5C, to consider approval of a resolution adopting a shared use agreement for ingress and egress in the Valley View Heights area were tabled from the agenda.

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

AWARD OF BID: Consider award of bid for S&C padmount switchgear.

Purchasing Agent Sue Swensen recommended award of a blanket contract for one year to Western States Electric in an amount not to exceed $300,000 for the year. This is a sole source purchase with the same pricing as last year.

MOTION: A motion was made by Council Member Gardner to award a blanket contract to Western States Electric in an amount not to exceed $300,000 for the year.

SECOND: The motion was seconded by Council Member Allen.

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

AWARD OF BID:
Consider award of bid for Itron meters.

Purchasing Agent Sue Swensen recommended award of a blanket contract to Riter Engineering in an amount not to exceed $300,000 for the year. This is a sole source purchase.

MOTION: A motion was made by Council Member Orton to award a blanket contract to Riter Engineering in an amount not to exceed $300,000 for the year.

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 chip seal oil.

Purchasing Agent Sue Swensen advised that only one bid was received. She recommended award of the bid to Paramount Petroleum in the amount of $126,857.45.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Paramount Petroleum, in the amount of $126,857.45.

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 hybrid bermuda grass for the golf courses.

Purchasing Agent Sue Swensen advised that two bids were received. She recommended award of a blanket contract for a period of one year to Valley Sod Farms in the amount of $37,800.

MOTION: A motion was made by Council Member Allen to award a blanket contract to Valley Sod Farms in the amount of $37,800 for the year.

SECOND: The motion was seconded by Council Member Bunker.

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Page Two

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

AWARD OF BID:
Consider award of bid for architectural services for the Tonaquint cemetery office.

Purchasing Agent Sue Swensen advised that the city had a hard time getting proposals. The Police Department had need of an architect, so he was asked if he would also submit a bid for design of the cemetery building. She recommended award of the bid to Les Stoker with Mesa Consulting Group in the amount of $14,400.

MOTION: A motion was made by Council Member Whatcott to award the bid to Les Stoker with Mesa Consulting Group in the amount of $14,400.

SECOND: The motion was seconded by Council Member Orton.

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

RESOLUTION:
Consider approval of a resolution adjusting the common boundary line with Santa Clara City in the northwest area of the Entrada development.

John Willie, representing the applicant, explained that at one point the subject property was part of Santa Clara City. When Entrada came along, the property was annexed to St. George City, but was never developed as part of the Entrada project. Shan Gubler would now like to include this property as part of his development in Santa Clara City.

City Attorney Shawn Guzman stated his only concern was that there are several homes in St. George which are located next to the property in question and there would be a row on homes in St. George, then two in Santa Clara, then more in St. George, and there would be water and power service issues. He stated that the City Council could not include anything in its motion that would be enforceable against Santa Clara, and any approval could be conditional upon Mr. Gubler agreeing not to build a home on that street. John Willie said that while he thought the two lots facing the street would not be built on, he would get the information and would let the City know prior to the formal action adjusting the boundary line.

MOTION: A motion was made by Council Member Whatcott to approve the resolution of intent.

SECOND: The motion was seconded by Council Member Orton.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting G.R.A.M.A. fees.

City Attorney Shawn Guzman explained that the city has been charging $.25 a page for copying fees, but staff feels this is excessive. He recommended reducing the charge to $.10 per page, along with the other recommended fees.

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

SECOND: The motion was seconded by Council Member Allen.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting a shared use agreement for ingress and egress in the platted area adjacent to Lots 5 and 39 of the Valley View Heights Subdivision along the alignment of Donlee Drive.

This item was tabled.

RESOLUTION:
Consider approval of a resolution authorizing staff to submit an application to the BLM to obtain 120 acres of land over the top of the west black ridge for Recreation and Public Purposes.

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

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SECOND: The motion was seconded by Council Member Bunker.

Leisure Services Director Kent Perkins advised that the master plan, time line and budget will be presented to the Mayor and Council for review before submittal.

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.

RESOLUTION (CONTINUED):
Consider approval of a resolution adopting a shared use agreement for ingress and egress in the platted area adjacent to Lots 5 and 39 of the Valley View Heights Subdivision along the alignment of Donlee Drive.

This item was tabled.

Jim Coleman inquired why the item was tabled.

Public Works Director Larry Bulloch replied that there was some confusion regarding the status of the property. It was initially thought the road was a public, dedicated road, however, it was determined that the property is owned fee title by the City, and further discussion is needed to consider whether the city wants to encumber that land with a permanent access easement. The City Manager is out of town and staff does not feel comfortable making a recommendation at this time.

Mr. Coleman replied that he was not opposed to or objecting to the postponement.

Mayor McArthur advised that the matter would be scheduled on the next agenda.

LOCAL CONSENT:
Consider approval of local consent for a restaurant liquor license for Las Palmeras Restaurant. Misael Aramis Romero, applicant.

Business License Officer Laura Woolsey explained that Las Palmeras currently holds a beer license but would like to sell beverages with a higher alcohol content. The application is in order.

MOTION: A motion was made by Council Member Bunker to approve the local consent.

SECOND: The motion was seconded by Council Member Gardner.

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

MOBILE CATERING LICENSE:
Consider approval of a mobile catering license for Nelly?s Catering. Nelly J. Diaz and Edgar Garcia, applicants.

Business License Officer Laura Woolsey explained that route approval was needed. The applicant would also be able to sell at the park during soccer games.

MOTION: A motion was made by Council Member Allen to approve the mobile catering license.

SECOND: The motion was seconded by Council Member Whatcott.

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

City Attorney Shawn Guzman reminded the applicants to adhere to the route approved by the City Council, and to be mindful of any litter created by their patrons.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a farmer?s market. Zion Factory Stores, applicant.

MOTION: A motion was made by Council Member Gardner to approve the special event permit.

SECOND: The motion was seconded by Council Member Orton.

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

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for music with a DJ. Laser Mania, applicant.

Business License Officer Laura Woolsey explained that the security plan had been approved by Lorin Johnson, and the Fire Marshall will inspect the premises before the dance.


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Page Four

MOTION: A motion was made by Council Member Whatcott to approve the special event permit.

SECOND: The motion was seconded by Council Member Orton.

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

SIGN HEIGHT:
Consider approval of sign heights for the Stephen Wade dealership. Stephen Wade, applicant.

Community Development Director Bob Nicholson explained the current sign provisions limit signs in PD Commercial zones to monument signs unless a site plan is approved by the City Council. Hilton Drive is listed on a proposed list as a major street and is within 1500' of the interchange and could have a pole sign. The applicant would like to have pole signs around the full perimeter of the site, and Black Ridge Drive is not designated as a pole sign street. Neither the applicant nor his representative is present.

MOTION: A motion to table the item until the next meeting was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Whatcott.

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

LAND DONATION:
Consider acceptance of a land donation along the Middleton Wash from the Foxborough Homeowners Association.

Leisure Services Director Kent Perkins explained that a portion of the City?s trail is located on the Association?s property. The Association has agreed to donate this .03 acres of property to the City.

MOTION: A motion was made by Council Member Gardner to accept the donation with thanks.

SECOND: The motion was seconded by Council Member Allen.

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

DONATION AGREEMENT:
Consider approval of a donation agreement with Bodega Bay, LC for donation of fossil specimens.

Leisure Services Director Kent Perkins explained that Darcy Stewart and his partners have donated $1.5 million in the form of a wall at the museum.

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.

PUBLIC HEARING/PRELIMINARY PLATS:
Public hearing to consider approval of the following preliminary plats: Shinava Subdivision at Entrada; Sunrise Springs at Entrada; Serenity Hills Phase 3; Foremaster Ridge Phases 4, 5, 6, 7, and 8; and Franklin?s Place Subdivision.

Associate Planner Mark Bradley explained that there is a new state law which requires public hearings and notification for any subdivision of land.

Sunrise Springs at Entrada: Associate Planner Mark Bradley explained that the applicant would like to create a subdivision with 22 single family residential lots and 23 single family detached patio homes. The property is located on the west side of the Entrada Planned Development off of Chaco Trail. The Planning Commission recommended approval. At the meeting there was discussion about the road master plan on the west side.

Richard Allen, Project Manager for Split Rock, explained that he was working with Santa Clara
and Ivins on the lava field open space issue. The 60' local road is not intended to carry a lot of traffic, and the western corridor from Snow Canyon Parkway which connects with the I-15 and new airport will be the main traffic-carrying road. Traffic studies identify the project as a destination resort village that spans two cities. All roads will be public with the exception of one at the Entrada boundary.

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

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

SECOND: The motion was seconded by Council Member Orton.

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


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Shinava Subdivision at Entrada: Associate Planner Mark Bradley explained that the applicant would like to create a subdivision with 33 single family residential detached patio homes and 16 commercial rental inn units. The property is located west of Snow Canyon Parkway off of Entrada Trail and Sinagua Trail. The Planning Commission recommended approval subject to resolving the grading concern at the northwesterly portion of the development in reference to the amount of area to be graded.

Council Member Orton inquired if the City required a traffic study

City Attorney Shawn Guzman commented that this is a unique situation where the bulk of the project is in other cities, yet all the traffic will funnel on to St. George City streets which were never planned for the amount of traffic being generated.

Associate Planner Mark Bradley commented that generally traffic studies are required for projects with over 100 units within the City limits. He suggested that perhaps it was time to meet with adjacent communities on roadway connectivity issues.

Council Member Allen suggested the matter be tabled until the MPO could look at it.

Mr. Bradley commented that the request would have to go through a public hearing procedure in order to eliminate a road, however, the applicant is not before the City Council this evening to eliminate the road.

Joe Plat, representing Split Rock, explained that two parcels are part of the original agreement with Entrada and the City, and no additional units are being asked for. The road elimination would only affect 2000 North, and it would reduce traffic on that street. Snow Canyon Parkway is the logical and eventual route.

Council Member Orton commented that the City Council?s concern is the impact traffic from Ivins and Santa Clara will have on parkways planned just for St. George traffic.

Mayor McArthur opened the public hearing.

Marge Schuler, a resident of Entrada, advised that at community meetings many residents of Entrada voiced their concern about the proposed rental units. Their understanding was that the rental units would be located only at the end of the development and would not be for short term rentals. The CC&Rs ban the residents from renting their own homes for short terms. She objected to rental units in Shinava Ridge, and commented that the notification requirements were inadequate, as a notice should be required for all residents of Entrada since this is a PD and all owners have a stake in the project.

Richard Allen, representing Split Rock, explained that in the original Entrada master plan, Shinava Ridge was planned to have 92 units, but this figure was dropped to 49. The area designated for C-2 was in the master plan as commercial, and the proposal is market driven and is well within the bounds of the 2002 Entrada master plan.

Ms. Schuler commented that the commercial units were the problem, not the density.

Council Member Bunker inquired if there had been any discussion about more connectivity within the neighborhood, as three dead-ends are planned.

Mr. Plat replied that because the homes are large custom homes facing the ridge, the developer and homeowners asked Split Rock to do everything it could to keep from daylighting the homes on the ridge. The property in question is difficult due to its grades, and the only way to not daylight the units on the ridge and come up with 49 units is the proposal at hand.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to a meeting with all affected communities to discuss traffic impacts before final plat approval.

SECOND: The motion was seconded by Council Member Bunker.

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

Serenity Hills Phase 3: Associate Planner Mark Bradley explained that the applicant would like to create a subdivision phase with five single family residential lots located north of 2000 South at approximately 2580 East. The Planning Commission recommended approval subject to proposed retaining wall height and locations being worked out with the city engineering department and the height of the walls required to meet the new rock wall standards as currently adopted under a temporary zoning ordinance placed by the City Council on June 2, 2005.

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

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 Allen.

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

Franklin?s Place: Associate Planner Mark Bradley explained that the applicant would like to create a subdivision with 38 single family residential lots located at the southwest corner of

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Page Six

the intersection of 2450 South Street and Little Valley Drive. The proposal is to deed to the City a portion of land from the south cul-de-sac to the area along the canal for an equestrian trail and other trail access to tie into the Seegmiller Park area. The Planning Commission recommended approval subject to establishment of a development agreement for improvements along 2450 South if they are unable to acquire the property between them and the City right-of-way. Ron Read is working with them on the development agreement which will be ready prior to the final plat.

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

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

SECOND: The motion was seconded by Council Member Allen.

Sylvia Seegmiller inquired where the trail would be accessed, and if the canal would be covered.

Jim Raines advised that he was working with the City to determine whether to pipe the canal or not, and also to determine the final location of the trail. The trail will be along the right-of-way, on the north side of the canal.

Sylvia Seegmiller inquired where the trailhead would be.

Mr. Raines replied that there would be no trailhead. The trail would be from Red Butte Estates to the planned new park.

Community Development Director Bob Nicholson explained that the plan is to take the trail through the subdivisions to River Road to the Ft. Pierce Wash.

Sylvia Seegmiller inquired where people would park their cars and horse trailers.

Mayor McArthur commented that there will be parking at Seegmiller Park and a trailhead in that area.

Council Member Gardner explained that the trails through the subdivisions were for access by residents of the neighborhood.

Council Member Whatcott inquired if the homes fronting Little Valley Road would need a circular driveway.

Mr. Nicholson replied that yes, a circular driveway would be needed.

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

Foremaster Ridge Phases 4-8: Associate Planner Mark Bradley advised that this item would have to be tabled until after the public hearing in 3D.

PUBLIC HEARING/AMEND PD ZONE/ORDINANCE:
Public hearing to consider amendment of the Bloomington Courtyard Planned Development Zone to revise the permitted use list to allow for a hotel and obtain a height increase for the hotel at 144 West Brigham Road. Hal Magleby, applicant.
Community Development Director Bob Nicholson explained that the applicant is requesting an amendment to a PD zone to allow a hotel and height increase above the 35' normal height limit. The proposed Wingate hotel will be four stories with a parapet wall and sign to a total height of 57', 21' above the basic roof line, because this area of Bloomington does not allow pole signs. A traffic analysis was prepared by Carter Burgess. The Bloomington Courtyard project contains 28,000 sq. ft. of floor area with 14,000 in retail and the rest in office space.
The hotel would provide a slight decrease in traffic impact. The overall project is required to have 421 parking spaces. The Planning Commission recommends approval.

Monte Magleby, representing the applicant, explained that the PD Commercial zoning was approved 15 years ago, and the area was master planned commercial. Meetings were held with the Bloomington Community Council and also the neighborhood association that borders the property. There is a slight reduction in the traffic impact for the hotel vs. office space, with a significant reduction at peak hours. A hotel is a permitted use and was originally on the list, but was crossed off.

Mayor McArthur opened the public hearing.

Don Baptist, a resident in Casa del Rio, advised he was asked by the association to speak in its behalf. He is also the owner of suites 22 and 23 in the Bloomington Courtyard project. It is clear from the minutes of the City Council and Planning Commission meetings that this PD was created to serve as a buffer between the residential and commercial areas of Bloomington, and its use was specifically restricted to retail, professional office, and restaurants. Also when approved, the plan was for all one-story buildings. From the minutes, the City Manager and City Council were clear that the PD was not to be considered a normal commercial zone and that the uses would be limited and restricted.

Clint Weston commented that the proposed hotel is high quality and the proposal is reasonable and will provide economic opportunities for other businesses in the Bloomington area.


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Page Seven

Royce Jones commented that he wholeheartedly supported the project as it will fulfill completion of the Courtyard project and compliment existing businesses.

Susan Nelson, President of the Casa del Rio Assocaition, expressed concern about the change in density, use, and hours, and asked the City Council to protect the integrity of the residential neighborhood.

John Bowen advised that he is a restauranteur who is moving to the Courtyard project and that the proposed hotel will be a tremendous addition to the Courtyard project.

Mike Thorn advised that he routinely walks about Walmart during the late night and early morning hours and reports the criminal activity he sees. He encouraged the developers of the hotel to consider evergreen trees instead of deciduous trees. He encouraged the City Council to consider where big trucks will park when visiting the hotel and suggested that the hotel parking not be allowed for this use. He stated that nearby culdesacs in residential areas have been ripped up by trucks.

City Attorney Shawn Guzman advised that truck parking on residential streets is not allowed and will be addressed.

Roger Tarlton, a resident on the corner of Rancho Circle and West Brigham Road, explained that truckers routinely park on Brigham Road, and in addition make unsafe u-turns by his home. He stated this affects the quality and value of the neighborhood. He asked about the hotel parking plan to accommodate trailers, boats and campers. He suggested that signs be installed in the residential neighborhoods advised that parking of large trucks and u-turns are not allowed.

Mayor McArthur advised Mr. Tarlton that staff would meet with him tomorrow about placement of the signs and enforcement.

Mr. Tarlton expressed concern about overflow parking from the hotel.

Shirley Baptist stated that hotel check in time is 3:00 p.m. and check out time is in the morning, and these are peak times for traffic in the roundabout and off-ramps. She stated she did not believe the hotel would be a decrease in traffic impact and that the four story hotel would overlook the church parking lot and daycare center in the Bloomington Courtyard.

Debbie Clark, a resident of Bloomington and employee of the developer, stated it has been wonderful the past few years to see an increase in tenants at the Courtyard, and the hotel would assure success of additional restaurants and retail in the area.

David Ruse commented that wherever there is a Walmart, the areas adjacent to it are benefitted, and the area will succeed even without the hotel. He stated his main concern with the hotel is that it is four stories, the lighting, lack of a buffer zone, security and noise issues.

Paul Wilson commented that the original justification for the Courtyard by the developers was to provide direct services for the community, including retail, professional office and restaurants. The City Council has an obligation to protect the integrity of the neighborhood, and a hotel is not in accordance with ?direct services.?

Lee Van Fleet commented that a large truck broke the sidewalk and curb in front of his home, and he commented that the roundabout was a deathtrap.

Monte Magleby advised that the PD zone allows for sale of individual units, and phase one included a two story unit. He committed to controlling the lighting to make sure there was no light pollution, and advised that the six foot solid wall is a barrier and will help with headlights. The lighting will shine to the east and will not affect the neighborhoods. No truck parking will be allowed in the parking lot.

Council Member Allen inquired about the price of rooms.

Mr. Magleby replied that the hotel is mid-class, and room prices will eventually come in over $100. He stated there will be beautiful landscaping, and that he would be happy to commit to a significant portion of evergreens on their side of the wall. Large 24" box trees will be planted, and he will look into using privets and mondale pines to provide more buffering.

Scott Ottley expressed concern about traffic and commented the builder could not control the traffic. By the time the trucks arrive, it will be too late and they will turn around in the residential cul-de-sacs. He inquired why the building had to face south with access off Brigham Road instead of on the Walmart side. He also expressed concern about noise.

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

Council Member Gardner inquired of the applicant why four stories was desired vs. three stories.

Mr. Magleby replied that the primary reason for four stories was because of the topography of the site and feasibility studies. Visibility was vital for success of the hotel, and the pad is ten feet lower than the front of the Courtyard project.

Council Member Allen inquired about the possibility of a different entrance.

Mr. Magleby stated he would use every effort to place signage to direct traffic to 2700 South and use the entrance on that side.


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Scott Lee commented that the hotel would grossly increase the number of unfamiliar people using the roundabout and residential streets.

Council Member Bunker commented that while she felt the hotel would be an asset to St. George, it was not right for this location because it overlooked the church parking lot where children play. Additionally, the hotel does not provide a buffer between commercial and residential zoning and the beauty of the area will be blocked by the hotel. It seems to her that the hotel will make the area look crowded and out of character with the Courtyard.

Council Member Orton commented that as a resident of Bloomington he would prefer a hotel over 50 other possible uses, and there are hotels off every off-ramp throughout the state. While he was not sure this was a good location for the hotel, St. George has grown from 35,000 to 70,000 since the applicant began the Courtyard project, and a past City Council decision cannot bind future Councils.

Council Member Gardner commented that while he originally had concerns about the height, the computer generated images helped alleviate his concerns and it appears the hotel will blend nicely into the neighborhood.

Council Member Allen commented that her biggest concern was the proximity of the homes to the hotel, and the hotel removes the buffer between the homes and commercial area.

Council Member Whatcott commented that while the City Council recognizes both sides of the issue, in order for a business to be successful it has to attract clientele. He stated in his opinion the hotel was better than a dollar store, and will have a lesser impact on traffic in the area and is the best fit for the area. It appears the real issue is the trucks, and the City needs to address these concerns.

City Attorney Shawn Guzman commented that the truck problem can be solved with enforcement and signage.

Council Member Allen commented that there were also overnight trucks and trailers using the Walmart parking lot.

City Attorney Shawn Guzman advised that the City can go after Walmart for allowing this to happen.

MOTION: A motion was made by Council Member Whatcott to amend the permitted uses to include a hotel, with the height variance just under 38' for the roofline and 57' for the parapet, with the stipulations recommended by the Planning Commission, and an agreement that any roofline seen from I-15 will be covered, and blend in with the area.

SECOND: The motion was seconded by Council Member Gardner.

City Attorney Shawn Guzman inquired about requirements for landscaping and lighting, and inquired if the City Council wanted to see the final plan.

Council Member Whatcott recommended that staff review the final plan as it knows what the City Council wants, and the applicant has a track record of great landscaping.

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

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

The motion carried.

Mayor McArthur called for a five minute break.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to C-2 on 5.83 acres located at 1160 South and about 100 East, west of the Fiesta Fun Center. Jim McArthur, applicant.

Community Development Director Bob Nicholson explained that the property in question used to be owned by Kendall Empey. Mr. McArthur purchased it and cleaned it up. The request is consistent with the general plan, and 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 Gardner to approve the zone change by ordindance.

SECOND: The motion was seconded by Council Member Bunker.

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

Council Member Gardner - aye

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ROAD MASTER PLAN/ORDINANCE:
Public hearing to consider amendment of the Road Master Plan for Foremaster Ridge to delete a proposed 60 foot road which would be the extension of East Ridge Drive which would tie into Five Sisters Drive at 540 South. Doug Rogers, applicant.

Traffic Engineer Aron Baker distributed a handout projecting what kinds of traffic would be using the subject streets. He reviewed the handout and summarized by recommending two streets - one 50' and 60'.

Doug Rogers, applicant, explained that all he wanted to do was relocate the master planned road, as they are general in nature and not location specific. He explained that the property is zoned R-1-8, and the project was reduced from 164 lots to 62 lots. He stated he did not want a 60' road because of the increase in speed allowed on a 60' road.

Mr. Baker clarified that he used traffic figures for the entire bluff, not just Mr. Rogers? development, and there will be more traffic than that portrayed by Mr. Rogers.

Mayor McArthur opened the public hearing.

Warren Hannig, a resident of East Ridge, advised that he was the developer of the East Ridge Subdivision, and the City required him to have a 60' road which cost him five to six lots. The master road plan at that time showed a 60' road all the way to Five Sisters Drive, and he saw no reason to change the road plan. He urged the City Council to take into consideration the traffic that will come from the Factory Outlet Stores as well as off Foremaster Drive.

Scott Ronkin stated that if cars are parking on both sides of a 50' street, it is impossible for two cars to pass. He presented petitions from residents of Crestline Drive against the proposal, and he stated that abandonment of the roadway would force a lot of traffic from the Foremaster development to the East Ridge development.

Dick Matthews stated that the traffic pattern as indicated by Aron Baker shows a real problem with just one road, and his major concern is in case of an emergency and only a 50' road. The master plan calls for a 60' road to hook into Five Sisters Drive. Additionally, if a 60' road was required for East Ridge, a 60' road should be required for Foremaster, and he recommended denial of the request.

Suzanne Shiner commented that she will be building on Five Sisters and is opposed to eliminating the 60' road as a development of that size needs to have two roads for access and to alleviate traffic congestion, as well as for safety reasons. She stated that Crestline Drive would not be adequate to handle all the extra traffic created by elimination of the 60' master planned roadway.

Doyle Thompson advised that he was opposed to the request, as it did not consider the impact on homes already there in terms of the traffic pattern or emergency access.

Bruce Vandry suggested a need to control traffic on the cross street where cars are going to go from Crestline to East Ridge. He stated traffic would be increased on his street, and the government has a responsibility to preserve the quality of the existing communities.

Ryan Jolley, with Alpha Engineering, representing the American West group, commented that a road to be 50 South is planned as well as new lots in East Ridge Phase 6 where it abuts Foremaster Ridge property. He stated they currently have the water line planned to be stubbed to East Ridge Drive. If the culdesacs as proposed by the applicant are allowed, they will be forced to install a knuckle to make their project work, and there will be additional cost to his clients which they will expect to be footed by Foremaster Ridge.

George Weyher commented that the master planned road should remain in place as the amendment will benefit the developer only and has nothing to do with the people already living there.

John Voss explained that there is already all kinds of pass-through traffic that tries to avoid the intersection so they come up the hill and down Crestline.

An unidentified man from the audience inquired if there had been any benefit identified as far as abandoning the current road master plan.

An unidentified man from the audience advised that the Foremaster developers had sold several lots in the proposed area before plat approval, and inquired if this was appropriate.

City Attorney Shawn Guzman replied that developers can take reservations, but until the plat is approved lots cannot be sold.

Steve Day, applicant, advised that lots in Phase 3 have been sold, but Phase 3 is a recorded subdivision. Reservations only have been taken for Phases 4-8. As far as any benefit to the
public, there is a decrease in density and the larger lots will allow the homes to be set further back from the ridgeline.


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July 7, 2005
Page Ten

Warren Hannig commented that if the applicant insists on relocating the road, it should be carried on down the property between them and East Ridge and cut across at some point to their subdivision in order not to create more traffic in East Ridge since they are the ones creating the problem.

Jim Raines, Bush and Gudgell Engineering, representing the applicant, explained that the applicants are trying to reduce traffic through their subdivision.

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

City Engineer Dave Demas explained that originally a road plan was put together which shows the extension of East Ridge Drive connecting into Five Sisters along the extension of Crestline Drive. It is important that both roads connect. A 60' road on one end was always master planned to connect to Five Sisters Drive. After working with the developers, it was discovered that there is a corner parcel not owned by either Foremaster or East Ridge which may prevent the entire 60' width, but it was always intended to go through. A preliminary plat showing this was approved. Water, sewer, and drainage were all master planned and put in the roadway. The reason it was not shown on the master plan is when a recent revision came through a year ago, this is when it was noticed and it was put in per the plans at that time. Also, the proposed traffic pattern would create a significant problem at intersections, and the flows would be unbalanced and difficult to handle from a traffic control standpoint. A knuckle violates design standards and is not allowed on a 60' street.

Doug Rogers commented that when the 60' road was master planned, it was designed to serve an R-1-8 project, and both roads were needed. However, a 62% reduction in density takes away that need. The reduction in density benefits everyone on the hill because of the overall reduction in traffic, and a 60' street will increase traffic. If the project is redesigned as an R-1-8 project, there will be more traffic on the roads.

Traffic Engineer Aron Baker commented that a 60' road will accommodate more cars but not increase the speed of traffic.

Council Member Orton commented that the City?s number one problem is traffic, and if every subdivision in every neighborhood asked for elimination of 50% of the roadways in that subdivision, there would no way to move traffic. He stated he would have a hard time going against the advice of the City?s traffic engineers and staff in order to eliminate a master planned road.

City Engineer Dave Demas explained that normally 50' roads are not shown on the master plan unless there are controversial issues. Staff did not feel there was a controversy in this location because the preliminary plat had already been approved which showed the roadway and utilities in place. Staff?s numbers show that the planned roadways will handle the traffic pattern better and provide better connectivity and circulation and less impact on existing streets.

Doug Rogers advised that ten knuckles have been approved by the City in the last two years.

Council Member Whatcott commented that the density did not matter to him, as that was market driven. While the applicants have laid out a good plan and do a good job, the problem is that the residents to the north will be adversely affected by a single road. The City designed the road system recognizing the R-1-8 zone, and if it had planned for less it would have been derelict in its duty. It must always plan for the maximum, but it cannot be faulted for designing two roads to potentially handle what could happen on the hill. It now falls on R&D Development to find a solution in order not to negatively impact the residents to the north, and the design proposed by them does not do this. There are alternative solutions, such as an S curve to slow traffic, and two roads diffuse traffic much better than one road.

Council Member Gardner commented his personal preference would be to have fewer neighbors.
However, there are options for connectivity not addressed relating to the proposed street.

MOTION: A motion to deny the request was made by Council Member Orton.

SECOND: The motion was seconded by Council Member Bunker.

Council Member Orton suggested the developers meet with staff on a resolution so that staff can make a positive recommendation to the City Council.

Steve Day, applicant, stated they will then be forced to do two roads, as City staff is not willing to consider anything else.

Council Member Orton reiterated that it would be hard for him to approve anything that staff did not support.

Mr. Day commented they may be forced to do an R-1-8 subdivision.

Council Member Orton commented that if the property is zoned R-1-8, they have that right.

Council Member Gardner commented there is a question as to whether there is one or two master planned roads, and the applicants are just proposing to move the roadway. If the road were to remain 60', it would be consistent with the subdivision to the north and the master plan.

Council Member Allen commented that the offer to set the homes further back from the ridgeline would have meant more to her at the very beginning of building the subdivision

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July 7, 2005
Page Eleven

phases as the view of the ridgeline is already affected, and the threat of building an R-1-8 subdivision had no effect on her.

Council Member Bunker commented that while she appreciated the developers trying to reduce the density, the proposal for cul-de-sacs goes against good planning practices. She commented that with a little work a compromise could be made so that there could still be less density and the traffic pattern altered so that it did not adversely affect the residents to the north.

Council Member Whatcott commented he felt there would be an adverse effect on the residents to the north. He commented that staff should be willing to step out of the box to take the time to look at potential options, such as an S curve.

Doug Rogers commented that 93 culdesacs have recently been approved by the City.

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

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

The motion carried.

PUBLIC HEARING/DEFINITION OF FAMILY/ORDINANCE:
Public hearing to consider amendment of Title 10, St. George City Code, to revise the definition of family for housing occupancy purposes to limit the number of unrelated persons and provide a definition for immediate family.

Community Development Director Bob Nicholson explained the change is necessitated by problems in code enforcement with excessive numbers of people living in a single family home. Changes in definitions are also recommended. Another proposed change deals with the number of unrelated people which may reside together in a dwelling unit. Staff is proposing that this number be reduced from four to one.

City Attorney Shawn Guzman advised that he could include language that would allow guardianships to be included in the definition of immediate family.

Mayor McArthur opened the public hearing.

Selinda Larson, an employee of DCFS, advised that she works with foster families, and the state limits the number of foster children allowed based on how large the home is, how many bedrooms there are, etc. Each child has to have 60 sq. ft. of sleeping space.

Gloria Shakespeare commented that the size of home is being looked at as part of the new rental ordinance, and is patterned after the Tempe ordinance which addresses how many people can live in a home based on square footage of the bedrooms. The definition of family needs to be changed for quality of life issues and to make enforcement easier for the code enforcement officers. She proposed that the number of unrelated persons residing together in a single dwelling unit be reduced from four to three.

Doug Alder commented that a better definition of family was needed.

Kristine Victoria suggested that a cap should be placed on how many residents can occupy a home, even if related.

Mayor McArthur replied that this would be addressed in the rental ordinance.

Edward Southwick commented that staff?s recommendation to limit the number of unrelated persons residing in one dwelling unit is reasonable and is a safety and quality of life issue, and the neighbors to overcrowded homes should be consdiered.

Jim McArthur advised that he contacted property management offices who have no problem reducing the number of non-related residents from four to three. This number has been tried and tested and yet gives the city the opportunity to tighten its standards.

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

Council Member Orton inquired which cities have limited their unrelated residents to three and four.

Community Development Director Bob Nicholson replied that Sedona and Sandy limit unrelated residents to four, and Ft. Collins and Salt Lake City limit unrelated residents to three.

MOTION: A motion was made by Council Member Gardner to approve the ordinance limiting unrelated residents in one dwelling unit to three.

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Orton commented he felt three was too restrictive and that the city should be sensitive to the needs of all people and he did not think that four college students in one dwelling unit was the cause of the problem.


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Page Twelve

SECOND RETRACTED: Council Member Whatcott retracted his second.

AMENDED MOTION: A motion was made by Council Member Gardner to approve the ordinance, leaving the number of unrelated residents allowed within one dwelling unit at four.

SECOND: The motion was seconded by Council Member Orton.

Dorothy Norton commented that four unrelated residents also bring problems of parking boats, big trucks, and four wheelers, all in inadequate parking space.

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

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 28, 2005, recommended that public hearings be scheduled for August 4, 2005 at 5:00 p.m. to consider:

1. A zone change request from A-1 to R-1-12 on 6.35 acres located at 1200 South and 3000 East. Larry McEntire, applicant.
2. A request to amend the Sienna Park Condominium portion of the Stonebridge PD Residential zone located at 271 North Country Lane, west of Dixie Drive, to revise the site plan and building elevations. Richard Staples, applicant.
3. A request to amend and extend the final plat for Bloomington Ranches Phase 2 by extending Lot 27 east of the existing phase boundary and divide Lot 27 into two lots located at 3181 S. Nashua Road. Richard Ringwood, applicant.

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

SECOND: The motion was seconded by Council Member Orton.

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

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 28, 2005, recommended approval of the following final plats:

1. Ted Warthen Subdivision with three lots located at the northeast corner of Tuweap Drive and 2000 North intersection. Marc Brown, representative.
2. Painted Desert Estates Phase 6 with 12 single family detached patio homes located south of 2450 South and 1400 East. Ence Brothers Construction, applicant.
3. Escalera Phase I with 31 single family residential lots located at Middleton Drive and 1950 East. Milo McCowan, representative.
4. Ventana Professional Park Phase 3 with nine commercial building pads located at 280 North and 1680 East. Larry Belliston, applicant.
5. Bloomington Courtyard Commercial Center Phase 6 with one commercial building pad located at 2710 South Circle and Pioneer Street. Hal Magleby, applicant.
6. Escalera Phase 2 with 37 single family residential lots located at 1900 East and 1060 North. Milo McCowan, representative.
7. Trailside with eight commercial office units located on Riverside Drive at 1100 East. Richard Kimball, applicant.

MOTION: A motion was made by Council Member Orton to approve the final plats.

SECOND: The motion was seconded by Council Member Whatcott.

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

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held
June 28, 2005 recommended approval of a hillside development permit for a proposed single family residential subdivision located at 2780 East and 1750 South, north of the Serenity Hills subdivision, subject to the following recommendations:

1. Raise the cul-de-sac as much as possible within the city standards to reduce the height of cuts.
2. Lower the no disturb line down to the 2715 ft. contour line (Lots 6 & 7).
3. The no disturb area can be part of the private individual lot with a deed restriction, note on plat, and physical markings on the land, or can be taken over by the City, or a homeowners association established and put in as common area.
4. Acceptance of the new proposed no-disturb line as presented by the applicant at the Planning Commission meeting.
5. Cuts in the competent rock may be at 1/4:1. In areas not stable, a 2:1 slope is required with landscaping for mitigation.
6. Design of the cul-de-sac is based on the outcome of the road master plan alignment.
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July 7, 2005
Page Thirteen

Mr. Bradley explained that the applicants said they could get more out of the lots if the no disturb area is included in the lot, even though it can?t be developed or built upon.

Jason Tuttle, Bush and Gudgell Engineering, explained that people like to own larger lots, even if they can?t build on some of it.

MOTION: A motion was made by Council Member Gardner to approve the trade-off of property by dropping the right side and compensating for this by raising the left side, the no-disturb area be staked, and private ownership of the no disturb area.

The motion died for lack of a second.

Council Member Orton commented that the developers did not voluntarily lower the no disturb line, as this was negotiated by the Hillside Review Board. He commented that if city staff were willing to police it, he had no problem with granting private ownership of the no disturb area, with the understanding that if the property is disturbed, the owner will be cited.

City Attorney Shawn Guzman explained that City staff is not able to police this, as it is happening all over the city. The only recourse the City has is to sue civilly to restore what can?t be restored. The City can adopt some criminal sanctions, if desired, to put some teeth into enforcement, but this issue should be part of an information campaign. He recommended putting some criminal penalties in place for violations. However, even with criminal sanctions, the damage would be done. He suggested that signs be placed on the property designating the no disturb line, and requiring developers to mark the job sites, with violations resulting in criminal penalties. Even removal of the sign itself would be a violation of the law.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit subject to posting the property with signs, and working with the city legal department on the signage.

SECOND: The motion was seconded by Council Member Orton.

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, at its meeting held June 28, 2005, recommended approval of a lot split at 1700 East Middleton Drive subject to:

1. Providing separate deeds for each parcel.
2. Providing 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.

MOTION: A motion was made by Council Member Orton to approve the lot split 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 except Council Member Gardner who was not present on the stand. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height up to 19'3" at 1791 W. Phoenix Drive. Mathew Larsen, applicant.

Assistant Planner Ray Snyder explained that the applicant?s second submittal meets City requirements. The applicant has pushed back the garage as far as possible, and staff as well as the Planning Commission recommend approval.

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit.

SECOND: The motion was seconded by Council Member Orton.

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

CLEAN STREETS POLICY:
Consider approval of a clean streets policy.

Public Works Director Larry Bulloch explained that the city has tried allowing contractors and landowners to police themselves, but this has been met with mixed success. Staff recommends adopting a policy which gives the city the opportunity to put people on formal notice that they must clean up the street as a result of their activity, and if they fail to take action, the city will have it cleaned and then seek reimbursement. The city can either stop the work or revoke the business license.

City Attorney Shawn Guzman commented he had not seen the policy and would suggest that revocation of the business license not be a provision of the policy.

MOTION: A motion was made by Council Member Orton to approve the policy subject to review by the legal department.

SECOND: The motion was seconded by Council Member Whatcott.

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July 7, 2005
Page Fourteen

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

GROUND LEASE:
Consider approval of a non-commercial ground lease for Deseret Laboratories on the TransWest Aero site.

MOTION: A motion was made by Council Member Whatcott to approve the ground lease.

SECOND: The motion was seconded by Council Member Allen.

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

CHANGE ORDER:
Consider approval of a change order to the 200 East extension project.

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

SECOND: The motion was seconded by Council Member Orton.

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

MOU:
Consider approval of a memorandum of understanding for the management plan for establishment of the Holmgren Milk Vetch and Dwarf Bearclaw Poppy preserves.

City Attorney Shawn Guzman recommended approval with the changes suggested by Deputy City Attorney Ron Read.

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

SECOND: The motion was seconded by Council Member Allen.

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

QUIET TITLE:
Consider authorization of a quiet title action for the City Creek Wash behind Star Nursery.

MOTION: A motion was made by Council Member Bunker to approve the quiet title action.

SECOND: The motion was seconded by Council Member Whatcott.

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

APPOINT DEPUTY CITY RECORDER:
Appointment of Judith Mayfield as a Deputy City Recorder.

MOTION: A motion was made by Council Member Orton to appoint Judith Mayfield as a Deputy City Recorder.

SECOND: The motion was seconded by Council Member Whatcott.

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

PROFESSIONAL SERVICES AGREEMENT:

Consider approval of a professional services agreement with the City Manager.

This item was tabled.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held May 19, 2005.
and
Consider approval of the minutes of the City Council work meeting held May 24, 2005.
and
Consider approval of the minutes of the regular City Council meeting held June 2, 2005.
and
Consider approval of the minutes of the City Council work meeting held June 9, 2005.
and
Consider approval of the minutes of the regular City Council meeting held June 16, 2005.
and
Consider approval of the minutes of the City Council work meeting held June 23, 2005.

MOTION: A motion was made by Council Member Bunker to approve the minutes as amended.

SECOND: The motion was seconded by Council M