City Council Minutes

Thursday, April 6,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 6, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Larry Gardner
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Gail Bunker
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 Mayor McArthur and the invocation was offered by Council Member Whatcott.

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

CONSENT CALENDAR: Consider approval of the financial statement for February, 2006.

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

AWARD OF BID:
Consider award of bid for a backhoe loader for the Water Services Department.

Purchasing Manager Connie Hood explained that staff has opted to purchase an additional piece of equipment at the same price as referenced in the original bid document. The original bid is good for 90 days. She recommended award of the bid to Scott Machinery in the amount of $77,878.

MOTION: A motion was made by Council Member Gardner to award the bid to Scott Machinery in the amount of $77,878.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for 69 kV voltage transformers.

Purchasing Manager Connie Hood advised that two bids were received, but only one bid met the specifications. She recommended award of the bid to Hughes Supply in the amount of $51,500.

MOTION: A motion was made by Council Member Allen to award the bid to Hughes Supply in the amount of $51,500.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to a professional services contract with Puchski Geo Consultants.
Purchasing Manager Connie Hood explained that continuous activity necessitates a change order to the contract in the amount of $20,000.

City Manager Gary Esplin explained that the City has an existing contract with Puchski Geo Consultants to work with the GIS program for the Power Department, and they have exceeded the original contract amount. He recommended approval of the change order in an amount up to $20,000.

MOTION: A motion was made by Council Member Gardner to approve the change order in an amount up to $20,000.
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 pulling and setting wells.

Purchasing Manager Connie Hood advised that bids were received from Gardner Brothers Drilling and Cutler Pump Co. She recommended that blanket contracts be set up for one year with each vendor using the lowest bidder available at the time.

MOTION: A motion was made by Council Member Bunker to award the bid as recommended by the Purchasing Manager.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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AWARD OF BID:
Consider award of bid for handicap ramp construction.

Purchasing Manager Connie Hood presented the bids received:

Western Rock Products $70,900
B. T. Builders $88,478.96

She recommended award of the bid to the low bidder, Western Rock Products, in the amount of $70,900.

City Manager Gary Esplin explained that this is an ongoing program throughout the City.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Western Rock Products, in the amount of $70,900.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Allen reminded everyone that handicapped parking stalls are to be used by the handicapped only.

AWARD OF BID:
Consider award of bid for wood poles for Dixie Sun Bowl lighting.

Purchasing Manager Connie Hood presented the bids received:

Royal Wholesale $34,243.20
J H Baxter $36,000
McFarlane Cascade $44,480

She recommended award of the bid to the low bidder, Royal Wholesale, in the amount of $34,243.30.

City Manager Gary Esplin explained that the old poles were removed because they had rotted out and were a safety hazard. Staff would like to have the new poles installed in time for the Fourth of July celebration. The poles can also be reused at another location, if necessary. The poles will be installed by City staff.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Royal Wholesale, in the amount of $34,243.20.
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 TV pipeline inspection system for the Wastewater Collections Division.

This item was tabled.

AWARD OF BID:
Consider award of bid for upgrade of the Entrada pump station.

Purchasing Manager Connie Hood advised that only one bid was received from Cutler Pump in the amount of $81,293.50.

City Manager Gary Esplin explained that an upgrade is needed to the existing system to allow the City to pump extra water to be used for the school, Canyons Complex and new parks. The upgrade will provide more reliability and efficiency in use of reuse and irrigation water.

MOTION: A motion was made by Council Member Gardner to award the bid to Cutler Pump in the amount of $81,293.50.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

ORDINANCE:
Consider approval of an ordinance amending Title 10, Chapter 21, St. George City Code, establishing additional criteria for landmark sites.

Community Development Director Bob Nicholson explained the provisions of the City?s current landmark ordinance and stated that there is very little criteria on what constitutes a landmark site. He then reviewed the proposed changes to the ordinance.

Council Member Gardner inquired if the downtown committee felt the proposed changes accomplished what needed to be done.


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Gloria Shakespeare suggested that owners of landmark sites used as bed and breakfast inns be required to live on site.

MOTION: A motion was made by Council Member Bunker to approve the ordinance as presented with the additional requirement that owners of a landmark site used as a bed and breakfast inn must live on site.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Gardner advised that someone approached him about the City helping to acquire historical homes in the downtown through a private/public partnership in order to be remodeled and geared toward residential use. This would accomplish bringing more residences downtown.

Community Development Director Bob Nicholson replied that CDBG funds are limited in use for the low income.

Council Member Gardner commented that some historical homes have been turned into apartments, and the suggestion seeks to find ways to convert the home back to single residence use. There are perhaps a dozen homes which would be a good candidate for this program.

Mayor McArthur suggested that the Historic Preservation Commission look at this issue and come back to the City Council with a recommendation. He commented he was not sure where the City would obtain the funds for this program and this is one reason the bed and breakfast use is allowed.

BEER LICENSE:
Consider approval of a beer license for the Sunset West Bowling Center. Hiram A. Smith, applicant.

City Manager Gary Esplin stated that staff had some concerns with the request and suggested that the item be tabled until the applicant could be present.

AGREEMENT:
Consider approval of a cost-sharing agreement with Dixie Downs Limited Partnership to improve Snow Canyon Parkway.

City Manager Gary Esplin explained that this agreement had already been agreed to in principle and the work has been completed. A formal agreement is needed in order to collect payment from Dr. Clark.

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.

AGREEMENT:
Consider approval of a Millcreek O&M Services Agreement with General Electric.

City Manager Gary Esplin explained that this item was a carry-over from the last meeting. An agreement with the contractor on the project, Manning, has already been approved, but it is now felt that it would be better to have a contract directly with General Electric instead.

Mayor McArthur advised that dedication of the Millcreek generation facility will be held May 11.

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 a revised Government and Public Affairs Project Agreement with UAMPS.

City Manager Gary Esplin explained that the City has been negotiating with UAMPS for several years feeling the cost of the project was not equal to the benefit received. The City?s cost has now been lowered from $72,000 a year to $16,000 a year. Staff recommends approval, feeling that the City does benefit from the program equal to $16,000 a year.

Council Member Whatcott commented he felt even $16,000 was too high.

City Manager Gary Esplin replied that the agreement will reduce the City?s exposure while still working with UAMPS on a few projects with which the City needs UAMPS? help.

Energy Services Director Phil Solomon commented that the smaller cities will now have to pick up a larger share of the costs of the program. The City can terminate the

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agreement if costs get out of hand. He stated he felt that $16,000 a year was a good compromise and that the City?s participation would serve to avoid contention within the organization.

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.

Mr. Solomon explained that the City?s cost of $16,000 is based on everyone signing up for the project. If all don?t sign up, the City?s cost will go up.

SET PUBLIC HEARINGS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 28, 2006, recommended that public hearings be scheduled for April 20, 2006 at 5:00 p.m. to consider (1) the preliminary plat for Tuscan Hills Phase 4 located at Plantations Drive off of Dixie Drive; (2) the preliminary plat for The Joshuas Phase 3 located at approximately 2000 South Tonaquint Drive, (3) a request to amend the final plat for Lakota Phase 1 to change the private ownership lots to private ownership building pads with common area located on the east side of the Snow Canyon Parkway and Dixie Downs Road intersection, and (4) a request to amend the final plat for Lakota Phase 2 to change the private ownership lots to private ownership building pads with common and limited common area located on the east side of the Snow Canyon Parkway and Dixie Downs Road intersection.

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.
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 March 28, 2006, recommended that public hearings be scheduled for May 4, 2006 at 5:00 p.m. to consider (1) a request to amend the General Plan Land Use Map to change the land use designation of Open Space to Very Low Density Residential on property located west of Tonaquint Drive, south of the Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington Subdivision, (2) a zone change request from OS to R-1-40 on 93.51 acres located west of Tonaquint Drive, south of the Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington subdivision, (3) a zone change request from R-1-10 and PD Residential to R-1-8 on 22.82 acres located at approximately 700 South and Dixie Drive, and (4) a zone change request from A-1 to R-1-10 on 4.61 acres located at 2110 East and approximately 2650 South.

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

City Manager Gary Esplin commented that with regard to the zone change for the old Green Valley Golf Course area, issues with platting of the subdivision need to be resolved prior to the public hearing. The matter may have to be pulled from the agenda if the issues can?t be resolved.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 28, 2006, recommended approval of the final plat for Stone Cove Phase 2 located at 2520 East 1450 South. Brad Brown is the applicant.

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

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 28, 2006, recommended approval of the final plat for Kachina Springs East Phase 2 Amended and Extended located on Entrada Trail off of Snow Canyon Parkway. Richard Allen is the representative.

MOTION: A motion was made by Council Member Gardner to approve the final plat.
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 explained that the Planning Commission, at its meeting held March 28, 2006, heard a request for a lot split to divide one parcel located between 306 and 420 South 100 West into two lots. The property is zoned RCC. The applicant is Brad Oliverson. The resulting lots would be 6,228 sq. ft. and 8,772 sq. ft. The lot is 66' wide. Under the City?s Subdivision Ordinance, the staff portion of a flag lot is required to be 25' wide. The applicant proposes an 18' wide staff portion, comprising 10' plus an additional

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8' of the sideyard setback. The Planning Commission recommended approval, feeling that exceptional conditions exist due to the 66' wide lot which is common in the downtown area, subject to the following conditions: (1) process a cross access (reciprocal access) agreement to be reviewed and approved by the City Attorney?s office, (2) maintain an 18' wide minimum asphalt paved driveway to serve both lots, (3) submit a record of survey to the City Surveyor, (4) provide separate deeds for each created parcel, (5) in addition to the legal descriptions on the record of survey, provide the City a separate 8.5 x 11 legal description for each parcel, (6) a 10' utility and drainage easement to be located along the frontage of 100 West Street and a 7.5' utility and drainage easement shall follow the sides and rear of each lot created, (7) a utilities and drainage easement shall be completed, notarized and recorded, and (8) the applicant shall submit for review all legal documents to the City Attorney?s office. One home is proposed to be located behind the other, with driveway access shared between the two homes. The applicant will have to provide easements all around the property, as well as a cross access agreement to accommodate use of 8' of the sideyard setback for the driveway. Two parking spaces for each single family home are required, one of which must be covered. The applicant proposes a two car garage for each home. Two guest parking spaces are also shown, although not required. On any lot in the RCC zone less than 8,000 sq. ft., new architectural design standards must be met, however, this is not a condition of the lot split. A conditional use permit is not required, but staff would make sure the project meets the RCC zone requirements. 50% of the front of the homes are proposed for front porches.

Council Member Whatcott inquired if cars would be allowed to park on the 8' side setback used as a driveway.

Mr. Snyder replied that the area would have to be kept open and cars could not park on it.

Council Member Whatcott commented that the driveway leading into the garage is only about 8-10 feet, and not long enough on which to park a car. If a vehicle were parked in front of the garage, its rear end would extend into the driving area and block access to the home behind.

City Attorney Shawn Guzman inquired who would own the two guest parking spaces.

Mr. Snyder replied that the guest parking spaces are shown as part of the second lot.

City Attorney Shawn Guzman inquired if the guest parking spaces were part of the easements.

Mr. Snyder replied that they could be part of the easement.

Ken Miller, representing the applicant, commented that parking for the first unit would have to be limited to parking within the garage itself and not in the driveway, or the garage would have to be moved back.

Mayor McArthur commented it would be easier to require enough space to park a car, as the plan as presented will present a problem for whoever buys the home.

Mr. Miller commented that the homes are intended to be owner occupied.

Mayor McArthur commented that the City did not want to create problems for the neighborhood, and inquired if the applicant was willing to make changes to the project.

Mr. Miller replied that he would have to see if he could squeeze anything more out of the project. With regard to parking, there will be an overlay easement on the entire driveway and parking areas so that both owners would be able to use the additional parking even though it is located on the second lot. Both homes will face the street and the garages will be located on the back side.

Council Member Bunker inquired about common area.

Mr. Miller replied that both units have landscaped areas and yards.

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

Gloria Shakespeare commented that building homes behind homes is not the intent or purpose of RCC zoning. RCC zoning was compared to the Sugarhouse area, and in the Sugarhouse area there are no homes behind homes.

Mayor McArthur commented that the motion previously made was out of order.

Ms. Shakespeare presented a power point presentation of homes on flag lots presently being built which comply with the subdivision ordinance. She stated that building homes behind homes is detrimental. She stated that inadequate garage setbacks have created huge problems for the downtown area. She stated that the City has never made an exception for narrower flag lot stems in the past, and if it did so now it would set a precedent and they would have to be allowed all over town. She stated that the City

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Council has a responsibility to protect the quality of life for future generations. The general plan states that open space is not just parks and trails, but also space on residential lands which adds to the quality of life. She stated that the request did not go along with the general plan and is not in line with the RCC zone and against its purpose and intent.

Council Member Gardner commented he did not know the purpose of the RCC was not to put homes behind homes, but rather to bring quality developments to the downtown for individual ownership, and ways to look at design as a priority over density and figure out how to allow for in-fill to bring back some density in the downtown.

Dorothy Norton commented that one of the things the downtown committee tried to do when it provided tours of problems in the downtown area was to show the little tiny driveways with no place to park. She inquired where the children would play, and who would maintain the driveway and parking spaces. She commented that if approved neighborhood fights would be created. She inquired about second and third generations of owners.

Mayor McArthur replied that there were common areas in the design, and that the City is encouraging developers to think outside the box. Big backyards are no longer needed for horses and cows as they were when he was a child.

Ms. Norton commented that instead of the proposed plan, a long narrow home would take up the entire lot. Smaller lots in the RCC zone were allowed in order that lots could be combined for more houses, not to put homes behind homes. She stated she thought the City Attorney gave his opinion that an easement could not be given for the driveway.

City Attorney Shawn Guzman replied that sections of the City Code allow for some leeway.

City Manager Gary Esplin commented that the RCC zone was created to encourage home ownership and attainable housing for those who cannot afford a $130,000 lot. This project does have problems with access and the design of the garages, but it encourages single family home ownership. The intent of the RCC zone is also to provide flexibility and allow creativity to the size of lot, house shape and size, and not to require that only one home can be built on a 66' wide lot.

City Attorney Shawn Guzman stated that the City?s ordinances were keeping the applicant from doing what the City Manager spoke of. If the ordinances were different, the applicant would be able to come up with a very good plan and also satisfy the downtown residents. The applicant is trying to work within the current zoning ordinances, but they do not allow for creativity.

City Manager Gary Esplin suggested that the matter be tabled until the City can come up with design standards. Mayor McArthur agreed.

Council Member Whatcott commented that he did not see how the City could get around the 25' flag lot stem requirement, and 18' was not enough room. He stated that Joe Alfandre?s plan allowed for an owner-occupied single family home in front with a single renter in the back, which the City currently does not allow. He stated this would be an opportune time to table the matter until the new ordinances are in place and at the same time retain the ability to drive a car in and out of a driveway.

Council Member Allen commented that she viewed places in the Kentlands with small driveways that worked and also homes on much smaller lots. These ideas need to be incorporated into the City?s ordinances.

Community Development Director Bob Nicholson stated that lot widths will have to be reduced if a 25' driveway is needed on a 66' wide lot. 10-12' driveways are common in Sugarhouse. It is important that homes face the street rather than have long narrow homes to fill the lot. There are better solutions which can be looked at.

Council Member Allen suggested that reduced side yard setbacks also be considered.

Council Member Gardner inquired about a timeline.

City Manager Gary Esplin replied that the City Council will have to tell staff what to do with a 66' wide lot if it wants the homes to face the street. There will have to be smaller lots, with some sort of lot behind the one facing the street. This is a philosophical discussion that would be better discussed in a work meeting.

Council Member Whatcott inquired how staff was doing as far as moving forward on design specifications and ordinance changes.

Community Development Director Bob Nicholson replied that a committee has been formed and has met twice. There are two to three ordinance revisions under consideration. He stated he thought a preliminary draft would be available in a month.



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MOTION: A motion was made by Council Member Allen to table the request until such time as the ordinance changes are presented to City Council, no later than May 18.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Rocky Bluffs Subdivision located at 2155 South and 2350 East. Leon Grover, applicant.

Community Development Director Bob Nicholson explained the subdivision consists of three lots, one of which is a flag lot. It is zoned RE-20 and is located between the Greystone and Crimson Hills Subdivisions. There is an existing home which faces the public street. The second lot also fronts on a public street. The third lot is a flag lot with a 25' stem. The Planning Commission and staff recommend 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 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.

PUBLIC HEARING/AMENDED PLAT:
Public hearing to consider approval of an amended plat for River Breeze #2 to enlarge pad 12 with an existing home and reduce the size of pad 13 which is vacant, located at the northwest corner of 900 South and River Road. Brad Jennings, representative.

Community Development Director Bob Nicholson explained that the plat takes care of problems where the existing owner of both Lots 12 and 13 built a home which encroached into common area and pad 13. The amended plat corrects this. The Homeowners Association supports the amended plat.

Mayor McArthur opened the public hearing.

Ron Blaney, President of the River Breeze Townhouse Association, said that under the circumstances the amended plat was the best way to correct the problem.

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

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

PUBLIC HEARING/AMENDED PLAT:
Public hearing to consider approval of an amended plat for Riverwood #4 for the removal of pads 245, 246 and 247 with their associated limited common area and common area and relocate pads 251 and 252 to change the private ownership areas to match the existing conditions, and to enlarge pad 248, located at 1240 West Indian Hills Drive. Brandon Anderson, representative.

Community Development Director Bob Nicholson explained that the purpose of the amended plat is due to three lots which were lost in the flood. This revised plat removes them from the subdivision and makes adjustments to meet the owners? needs. The amended plat is supported by the homeowners? association.

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

City Attorney Shawn Guzman advised that staff reviewed the request to ensure that the amendment does not affect utilities in existing easements.

PUBLIC HEARING/AMENDED PLAT:
Public hearing to consider approval of an amended plat for Shadow Creek #2 to remove pad 23 and the associated limited common area from the plat, located at 710 South Indian Hills Drive. Shadow Creek Homeowners Association, applicant.

Community Development Director Bob Nicholson explained that the amendment removes pad 23 and associated common area which were lost in the flood.

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

City Attorney Shawn Guzman advised that staff reviewed the request to ensure that the amendment does not affect utilities in existing easements.

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

PUBLIC HEARING/AMENDED PLAT:
Public hearing to consider approval of an amended plat for The Cliffs Plat L to remove a small portion of common area and include it in Lot 177 and affidavit changes in the plat notes, located at 3052 N. Snow Canyon Parkway. Ryan Cowley, applicant.

Community Development Director Bob Nicholson explained the request to remove a small portion of common area and include it in Lot 177 and to make a minor change to one of the notes on the plat.

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

Council Member Whatcott inquired why a portion of common area was being moved.

The applicant replied that there was a mis-communication with his engineer and the small portion of common area was always intended to be part of Lot 177.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from PD Commercial to C-3 on 1.16 acres located at 850 North and approximately 2700 East, east of Deseret Industries. Robert Irvine, applicant.

Community Development Director Bob Nicholson explained that the property in question is surplus property from Deseret Industries. The applicant owns adjacent property and would like the same zoning on both parcels (C-3). The City is currently reviewing a plan for a restaurant and retail shops. 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 Orton to approve the zone change by ordinance.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Palomar Subdivision located southeast of Foremaster Ridge between the new Riverside Drive extension and the Virgin River at approximately 2000 East Riverside Drive. Rich Lewis, applicant.

Associate Planner Mark Bradley explained that a hillside development permit and zone change have been approved for this property, and the conditions of approval for each carry on with the preliminary plat. A private trail will be built through two lots to eventually tie into the Virgin River trail. The applicant will develop the entire width of the road on City property to improve circulation, rather than the earlier attempt at a T-intersection. There will be two accesses, landscaping, and a HOA to maintain the landscaping along Riverside Drive and the private trail. The Planning Commission recommends approval subject to compliance with the hillside development conditions of approval and that only wrought iron fencing is allowed to be on top of the concrete retaining walls.

Mayor McArthur inquired if site distances were met.

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Mr. Bradley replied that the project met site distances.

Rich Lewis, applicant, explained that measures have been taken to address noise issues. The privacy wall will be 24'.

Mayor McArthur opened the public hearing.

An unidentified man commented that the applicant donated acreage to the City, and the project will be an asset to the City.

Mr. Lewis, applicant, clarified that landscaping, swimming pools, and hot tubs will be allowed within the ?no build? area.

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

MOTION: A motion was made by Council Member Bunker 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.

Council Member Whatcott commented that staff needed to make sure the private trail tied into the City?s trail system.

AMENDED MOTION: Council Member Bunker agreed to include this stipulation in her motion.
SECOND: Council Member Allen seconded the amended motion.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Cornerstone Subdivision located at the southeast corner of 3000 East and Seegmiller Drive. Bill Haltom, applicant.

Associate Planner Mark Bradley explained that a zone change to RE-12.5 with a development agreement was recently approved for this property. A trail will be provided through the center of the project east to west. An equestrian trail will be provided on 3000 East east and north of the project along the irrigation canal. The applicant has agreed to fence the south side of the canal. The Planning Commission recommended approval.

Bill Haltom, applicant, advised he is planning on a neo-traditional subdivision with an 8' landscape buffer behind the curb and gutter which will be maintained by an HOA. The project will be terraced and 24 craftsman style homes will be built. Seegmiller Drive will be extended and deeded to the City. The canal area will be a long term linear park and equestrian trail. The Bridle Gate equestrian trail will be extended on the west side and a pedestrian path will be included through the subdivision.

Mayor McArthur opened the public hearing.

Ken Miller advised that provision has been made to stub a street to the south.

Mr. Haltom, applicant, explained that Bridle Gate is 6-8' lower, and he was not sure there would be the elevation to get over the canal. He stated he would have to work with Bridle Gate to make sure they are building their road up.

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

Associate Planner Mark Bradley advised that connectivity between the projects is important.

Council Member Orton commented that he hoped the elevation could be brought up to match between the two projects.

Ken Miller commented that Bridle Gate is only matching the existing grading on their side. It is a difficult transition to get over the top of the canal, but there is enough room to make it work.

Mr. Haltom commented that the City Council should consider whether they wanted a paved road to cross the equestrian path.

City Manager Gary Esplin commented that staff would review the issue and have a recommendation for the City Council before the final plat is approved.

Ken Miller commented that the street in question is in the second phase of the project.

City Manager Gary Esplin replied that if there is too much of a transition perhaps the street should not be put in but instead just a trail to access the future parkway.

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April 6, 2006
Page Ten

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat with connectivity to be addressed by the City Council before final plat approval.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried.

Mayor McArthur called for a five minute break.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from A-1 to R-1-10 with a development agreement on 28.04 acres located at the southeast corner of the 3000 East and 2000 South Street intersection. Ken Miller, representative.

Community Development Director Bob Nicholson explained that the request is consistent with the General Plan density which designates no more than two homes per acre. The development agreement will say that no more than 56 homes will be built with a minimum lot size of 10,000 sq. ft. with a gross overall density equal to or less than two units per acre. A 5' landscaping strip between the curb and gutter and the sidewalk will be provided on interior' public streets. A 15' equestrian path has been set aside similar to what is being done on 3000 East. The project also includes interior paths and a neighborhood park. The Planning Commission recommends approval.

Mayor McArthur inquired if the open areas and landscaping would be maintained by a HOA.

Mr. Nicholson replied that the developer will build and install the horse paths to City standards, as well as the park. However, since this is a zone change, not all the details have been worked out.

Mayor McArthur opened the public hearing.

Bill Cox explained that Ray and Susan Cox are his parents and own 125 acres on the other side of 3000 East. They think this is a great project and recommend approval.

Jared Lund recommended approval.

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

City Attorney Shawn Guzman inquired if the Deputy City Attorney had reviewed the development agreement

Mr. Nicholson replied that he was not sure as the agreement at this time is just a draft.

MOTION: A motion to approve the zone change by ordinance was made by Council Member Whatcott, subject to the development agreement being approved by the Legal Department.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Whatcott inquired if eventually the City Council would see a master plan change in the Little Valley area that fits the direction the City now wants to take.

City Manager Gary Esplin replied that this request does fit the existing general plan with regard to density.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ANNEXATION ORDINANCE:
Public hearing to consider approval of a request to annex 101.87 acres of property located on the west side of Dixie Drive at about 1500 South, commonly referred to as the Haskell Annexation. J. Burton and Evelyn Burgess, applicants.

City Manager Gary Esplin explained that staff is concerned that dedication of Plantations Drive should be done prior to formal annexation.

Ryan Jolley, representing Alpha Engineering, explained that a dedication plat for Plantations Drive has been prepared and is being reviewed by City staff. The Burgesses have agreed to sign the plat based on the condition that no public access be granted until the City is ready to build Plantation Drive so that they may continue their cattle ranch operation for as long as possible.


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April 6, 2006
Page Eleven

City Manager Gary Esplin inquired if the Burgesses will agree to having the City make the determination when the road is ready to be built.

Mr. Jolley replied that they will agree to let the City make this decision.

City Manager Gary Esplin recommended approval as long as there was no stipulations on time. As soon as The Lakes project is approved, the road will be needed and that could happen in the next year.

Council Member Whatcott clarified that the Burgesses want full use of their property until such time as the City builds the road.

Mr. Jolley clarified that the Burgesses do not want public access to the property just because it has been deeded to the City.

City Attorney Shawn Guzman suggested this should be put in writing.

City Manager Gary Esplin recommended that before the annexation ordinance is signed, the City should be in receipt of a signed agreement.

City Attorney Shawn Guzman clarified that upon execution of the agreement, the annexation ordinance would then be signed.

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 ordinance and authorize the Mayor to sign the ordinance upon receipt of a signed agreement with the Burgesses restricting public access to the property until such time as the City determines that the road should be built.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height up to 19'4" at 2482 South 2160 East in the Red Butte Subdivision. Mr. and Mrs. Leavitt, applicants.

Associate Planner Ray Snyder advised that the Planning Commission recommended approval.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a short pour concrete batch plant within an M-1 zone at 3662 South River Road. Randy Mortensen, applicant.

Associate Planner Ray Snyder explained that the applicant would like to locate a short pour concrete batch plant on Lot 1 of the Ft. Pierce Industrial Park for small home projects. The applicant will construct a building and parking for the trailers and customers. An existing driveway is located off River Road. Street trees have been planted. The area behind the fence does not have landscaping and is just bushes and weeds. A letter has been sent from Code Enforcement. The applicant wants to lease a small area and has begun to clean up the site and respond to code enforcement issues. There has been considerable progress on the site. The property is owned by Randy Mortenson. The applicant who is subleasing the property is present, and would like to lease the property for 12-18 months. A letter has been received from Gilbert Jennings opposing the request.

Mayor McArthur commented that River Road will be another entrance to the City, and even though it is an industrial area, it is important to consider.

Lyle Hines explained that he has been in business in St. George for 20 years, and has made considerable improvement to the property in question in an effort to gain the trust of the owner. He stated he would like to lease a small area until Mark Burgess can make his units available in six to eight months. He stated he would like to build a relationship at the Ft. Pearce Industrial Park and has built trust with SITLA. He stated he has turned

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April 6, 2006
Page Twelve

the end of Tabernacle Street into an exciting place and believes he can do the same on Lot 1 in the Industrial Park. He explained that the short pour plant is less than 20' high and has a bag house to eliminate any dust issues. The trailers are easy to use. Sunroc has been cooperative and will provide premixed sand and gravel. There will be one hopper system. The building in the front will be a little builders emporium with a tile store or carpet center.

City Manager Gary Esplin commented that while the City does not enforce restrictive covenants, he recommended that Mr. Hines get a recommendation from the Ft. Pearce Industrial Park association. However, if the association denied the request, the City could still approve it.

Council Member Gardner commented that the City respects the right of associations to enforce their covenants.

City Manager Gary Esplin explained that an association?s right to enforce its covenants is civil and has nothing to do with the City. The City could approve the request subject to the applicant talking with the association. If the association denied the request, the applicant can come back to the City Council for reconsideration.

Community Development Bob Nicholson explained that the Ft. Pearce Industrial Park?s CC&Rs are more in depth than the City?s zoning ordinances, and its association has a serious problem with the request.

City Manager Gary Esplin suggested that perhaps the association has a problem with the lot owner, and not the request.

Mr. Hines stated that he was confident he could move into Mark Burgess? location when the time came. He stated that he has accomplished major clean-up of Mr. Mortensen?s property and he felt the Ft. Pearce Industrial Park association would give its blessing.

Council Member Orton suggested that Mr. Hines first speak to the Ft. Pearce Industrial Park association to obtain its blessing.

Council Member Gardner agreed.

Mr. Hines replied that he did not want to wait an additional two weeks for approval.

Mr. Orton reminded Mr. Hines that even if the association denied the request, the City would still have an opportunity to consider it.

City Manager Gary Esplin commented that the issue was between the Ft. Pearce Industrial Park and Mr. Mortensen and appears to have been ongoing for years. The Industrial Park has failed to enforce its CC&Rs against Mr. Mortensen for the past six years. He stated that while it would be unfair to punish Mr. Hines when it was the property owner who has the problem, he suggested the matter be tabled for two weeks in order to give Mr. Hines an opportunity to meet with the Industrial Park association.

Mayor McArthur commented that this would be the right thing to do and advised Mr. Hines that the matter would be scheduled on the City Council agenda in two weeks.

Council Member Whatcott commented that even if the association denied Mr. Hines? request, Mr. Hines still had the right to come to the Council and request the conditional use permit. He asked what good it would do to wait two weeks.

Council Members Orton and Gardner commented it would be in the applicant?s best interests to first go to the association board.

Mr. Hines commented that if the association board denies his request, he will not fight it.

MOTION: A motion was made by Council Member Bunker to approve the conditional use permit based on the face that Mr. Hines will contact the Industrial Park association board.

City Manager Gary Esplin suggested that the matter be tabled for two weeks.

City Attorney Shawn Guzman commented that while recognizing what the City Council does is independent of what is done in the Ft. Pearce Industrial Park, if the association board denies the request, Mr. Hines can still request approval from the City Council. This may lead to possible civil litigation for Mr. Hines, and it would be best to first contact the association board. He clarified that what the City Council does, however, is not predicated on what the Industrial Park association board does.

MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit, recognizing the need for the Industrial Park association board, and recognizing that if the applicant is denied no one has been bothered a bit, but if the applicant is approved he can get started right away.

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April 6, 2006
Page Thirteen

SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, as follows:

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

The motion carried.

ZONING DESIGNATION FOR JEL SUBDIVISION:
Discussion on zoning designation for the JEL Subdivision area.
City Manager Gary Esplin explained that there was an oversight at the time of the Ledges annexation. An existing subdivision was annexed as a Mining and Grazing zoning designation, and this matter needs to be remedied. He requested that a public hearing be scheduled to specify zoning which allows of existing uses in the subdivision. It was not the City?s intent to make agricultural uses non-conforming. Staff recommends that the subdivision be zoned A-1 or A-5.

Community Development Director Bob Nicholson explained that at the time the subdivision was annexed from the county, it was zoned for five acre minimum lots. However, residents there would like two homes on six acres, and A-5 zoning would not allow for this. He suggested the zone change be advertised for either A-1 or A-5 zoning.

MOTION: A motion was made by Council Member Orton to schedule a public hearing to consider a zone change to either A-1 or A-5.

City Manager Gary Esplin advised that the public hearing would be scheduled for May 4.

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

APPOINTMENTS:
Appointments to boards and commissions of the City.

Mayor McArthur recommended Brent Heaton be appointed to replace Steve Heaton on the Board of Adjustment. He recommended that Bruce Neiderhauser be reappointed to the Hillside Review Board, and Marge Shakespeare be reappointed to the Water and Power Board.

MOTION: A motion was made by Council Member Allen to make the appointments as recommended by the Mayor.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held February 23, 2006.

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

Consider approval of the minutes of the regular City Council meeting held March 2, 2006.

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

Consider approval of the miuntes of the special City Council meeting held March 9, 2006.

MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the special City Council meeting held March 23, 2006.

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


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April 6, 2006
Page Fourteen

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

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

The vote was unanimous and the motion carried.

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

MISCELLANEOUS DISCUSSIONS:
Brief discussions were held on future development in the Little Valley area, Thursday night events sponsored by the Downtown Business Alliance, the future of the St. George Musical Theater, construction of the Plaza, and proposed increases to impact fees.

The meeting then adjourned.



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Gay Cragun, City Recorder