City Council Minutes

Thursday, August 17,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 17, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS


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

EXCUSED:
Mayor Daniel McArthur


APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Orton to appoint Council Member Bob Whatcott as Mayor Pro Tem in Mayor McArthur?s absence.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: All voted aye.

OPENING:
Mayor Pro Tem Whatcott called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Orton, and the invocation was offered by Pastor Mike of the New Life Christian Center.

AWARD OF BID: Consider award of bid for the 2006 road reconstruction project.

Purchasing Manager Connie Hood advised that bids were submitted by A-T Asphalt and Western Rock. She recommended award of the bid to the low bidder, A-T Asphalt, in the amount of $1,101,133.61. Two projects will be included in the bid.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, A-T Asphalt, in the amount of $1,101,133.61.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for the Canyons parking lot and turn lane.

Purchasing Manager Connie Hood advised that one bid was received.

Leisure Services Director Kent Perkins explained that this is a joint project between the Leisure Services and Public Works Departments. The project consists of a turning lane at 2000 North and parking lot improvements. The estimate was $212,000, but the bid came in at $297,000. Time is of the essence so that the parking lot is completed by the Senior Games which is held the first week in October. He stated that if the Council was comfortable with the idea, staff could try and negotiate with the bidder. If the project is rebid, there is no guarantee that there will be any more bidders or that the project will be finished before the Senior Games.

City Manager Gary Esplin explained that funds for the turn lane are coming from the transportation fund.

Wes Jenkins explained that each item in the project is designated as a line item so that each element of the project can be paid from the correct fund. The bid is $50,000 over on each portion of the project.

City Manager Gary Esplin commented that staff is not sure it could obtain a better bid and can hopefully negotiate with the bidder over some of the line items and delete some in order to bring the bid closer to the estimate, but this will have to be done through a change order. The question is whether the project can be completed before the Senior Games. This project must also be completed before completion of Snow Canyon Parkway.

Council Member Orton commented he would hate to see anything taken out of the project and would rather give staff latitude to get the job done.

MOTION: A motion was made by Council Member Orton to award the bid to the sole bidder, giving staff the latitude to get the job done.
SECOND: The motion was seconded by Council Member Gardner.

City Manager Gary Esplin explained that the sidewalk portion of the project was critical. The turn lane could be eliminated but it is logical to do the entire project all at once.

AMENDED MOTION: An amended motion was made by Council Member Orton to award the bid to the low bidder in an amount not to exceed $297,838.31.

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Page Two

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

CHANGE ORDER:
Consider approval of a change order for the Santa Clara Drive pipeline.

Purchasing Manager Connie Hood explained that the estimated change to the contract with Santa Clara and UDOT is $326,350, bringing the total cost of the project to $904,800.

City Manager Gary Esplin explained that staff?s original estimate was $900,000, but since this project involved UDOT funds, they had to bid the project and they told the City the estimate was $550,000. The City, however, budgeted $900,000 for the project in its current budget.

MOTION: A motion was made by Council Member Gardner to approve the change order in the amount of $325,350.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

CHANGE ORDER:
Consider approval of a change order for the Fields roadway.

Purchasing Manager Connie Hood explained the change order involved replacing the contractor, A-T Asphalt, with Cindy Taylor Trucking and did not involve any increase in cost to the City.

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

AWARD OF BID:
Consider award of bid for VR-32 regulators.
Purchasing Manager Connie Hood explained that the bid is for nine station mounted regulators for the Energy Services Department. She recommended award of the bid to the sole source supplier, Western States Electric, in the amount of $208,620.

MOTION: A motion was made by Council Member Gardner to award the bid to the sole source supplier, Western States Electric, in the amount of $208,620.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for grass seed.

Purchasing Manager Connie Hood explained that three bids were received. She recommended award of the bid to the low bidder, Helena, in the amount of $134,550 for 69 tons of rye seed. The seed will be delivered to each location and is included in the bid.

MOTION: A motion was made by Council Member Orton to award the bid to Helena in the amount of $134,550.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for netting for the Fields Softball Complex.

This item was tabled.

AWARD OF BID:
Consider award of bid for shade structures for the Canyons and Fields Softball Complexes.

Purchasing Manager Connie Hood explained that Great Western Park & Playground?s bid was not the lowest but did present the most complete package with a completion date of October 7, 2006.

Mark Goble, Park Planner, showed the type of fabric being used and commented that it would last ten years and would extend over the bleacher areas.

MOTION: A motion was made by Council Member Gardner to award the bid to Great Western Park & Playground in the amount of $69,012.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.
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RESOLUTION:
Consider approval of a resolution assessing a commercial operating fee at the airport.

This item was tabled.

RESOLUTION:
Consider approval of a resolution approving a Citizen Corps Council agreement.

Dave Seely recommended approval of a resolution authorizing the Citizen Corps Council to apply for emergency preparedness grants. He encouraged citizens to take CERT training.

Valerie Seely advised that classes would begin September 11 and end the first week in October. Class size is limited to 20 people, and right now the September class is half full.

MOTION: A motion was made by Council Member Bunker to approve the resolution.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Orton - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried.

Dave and Valerie Seely introduced member of the Citizens Corps Council.

RESOLUTION:
Consider approval of a resolution assessing fees associated with the temporary hydrant policy.

City Manager Gary Esplin explained that the resolution clarifies a new deposit amount and penalty.

City Attorney Shawn Guzman explained that the former deposit did not include the cost of replacing the meter. The new deposit and penalty amounts provide an incentive to return the meter.

MOTION: A motion was made by Council Member Gardner to approve the resolution.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Bunker - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a Halloween party at Ancestor Square. Chad Hardy, Outland Productions, applicant.

City Manager Gary Esplin advised that the police department reviewed and approved the security plans.

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

Captain Lorin Johnson advised that he met with the applicant, did not find any problems with the application, and the City will not provide security for the event.

VOTE: Mayor Pro Tem Whatcott called for vote, and all voted aye. The motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a block party at Zion Factory Stores. Zion Factory Stores, applicant.

City Manager Gary Esplin advised that the application met all City requirements.

MOTION: A motion was made by Council Member Bunker to approve the special event permit.
SECOND: The motion was seconded by Council Member Allen.

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Page Four

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

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 8, 2006, recommended that public hearings be scheduled for September 7, 2006 at 5:00 p.m. to consider (1) a proposed amendment to the City Code to include the addition of a new section for Traditional Neighborhood District to the zoning code, and (2) a proposed amendment to the City Code to include the addition of a new section for Lot Size Averaging to the zoning code.

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

Council Member Whatcott inquired if there was any additional information on the Traditional Neighborhood District.

Community Development Director Bob Nicholson replied that a few minor changes to the code are being recommended and they will be circulated for review.

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 8, 2006, recommended approval of the following final plats:
(1) Sun River Phase 21, Old Highway 91, and a road dedication plat for a portion of Riverside Drive. All three plats conform with the preliminary plats.

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

CONDITIONAL USE PERMIT (#2006-CUP-024):
Consider approval of a conditional use permit to expand the existing block manufacturing plant and add new silos with a height up to 52' at 3657 South River Road in an M-1 zone. SunRoc Corp, applicant.

Planner Ray Snyder explained that the applicant proposes to expand its existing block plant on River Road and will install landscaping and plant trees in accordance with the Street Tree Ordinance. The property is zoned M-1 but is outside of the Ft. Pearce Industrial Park and is not subject to the 5% landscaping requirement. Building 7 will have to be moved back a little to comply with the setback requirement of 10'. The purpose of the conditional use permit is for the height of the silos. The silos will match the height of those already on site. A conditional use permit is required because the site is outside of the of the Ft. Pearce Industrial Park and the silo is over 40' high.

Council Member Allen inquired if there had been any discussion on the color of the silos.

Mr. Snyder replied that there had not.

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 Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

Council Member Whatcott commented that he hoped there was a commitment to lower dust levels in the area.

Mr. Snyder read aloud the conditions of approval recommended by the Planning Commission, and dust was not mentioned.

Council Member Whatcott commented he hoped someone was doing something about it as air quality control issues are controlled by the state.

City Manager Gary Esplin commented that a committee has been formed, and enforcement action has been taken.

SITE PLAN/BUILDING ELEVATION:
Planner Ray Snyder explained that the Planning Commission recommended approval of a site plan and building elevation to amend an existing PD to include the construction of a new three-phased project consisting of 14 residential units, a club house, and a pool called The Residences at Green Valley Spa, subject to the following recommendations:

1. Any signage shall be approved under a separate permit.
2. Earth tone colors and materials shall be used as represented in the colored elevation submitted August 17, 2006.

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3. The maximum building heights shall not exceed 35'.
4. Street trees shall meet the City tree ordinance.
5. Landscaping shall be added to the west side of Building ?A?.
6. Meet the requirements of the City Traffic Engineer.

Council Member Allen inquired if the homes would have access to the recreational facilities of Green Valley.

Mr. Snyder replied that he believed they would.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 8, 2006, recommended approval of a hillside development permit for The Trails located at 4200 North east of State Highway 18. The Hillside Review Board also recommended approval with the addition of a note on the final plat to address the engineering of drainage and to add that the ?no build? zones will be managed by HOA guidelines, and when receiving title, and added to the CC&Rs. Mr. Nicholson explained that the City Council recently approved this large PD.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

Mr. Nicholson commented that the preliminary drainage study looked good and was approved by the Hillside Review Board. The preliminary plat will be coming before the City Council shortly for review, and once it is approved, the applicant will begin work on detailed construction drawings, and this is when drainage issues have to be resolved.

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson advised that the Hillside Review Board and Planning Commission recommended approval of the hillside development permit for Kachina Cliffs at Entrada Phase 3 subject to an acknowledgment that the old ordinance applies in this particular situation and there will be rock fall mitigation, particularly on Lot 65, and that orange perimeter fence be installed to control limits of disturbance.

Council Member Allen inquired if the no disturb area would be deeded to the landowners.

Mr. Nicholson replies that much of the no disturb areas are within the private lots areas.

City Manager Gary Esplin advised that a fence would be required to show the no disturbance area.

MOTION: A motion was made by Council Member Orton to approve the hillside development permit with the stipulations of the Planning Commission and Hillside Review Board.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that a hillside development permit is needed to realign River Road to the east and extend it through a portion of the White Dome gypsum formation. SITLA is the applicant. Certain areas will be set aside as plant preserves. The purpose of the realignment is to keep truck traffic out of a future neighborhood area and line up with the proposed interchange locations along the southern corridor. The Hillside Review Board recommends approval with fencing in the preserve area to mitigate and protect it, with review by City engineering to ensure they support the design and related mitigation as the best method for the site. The Planning Commission also recommends approval.

Curt Gordon, applicant, explained that if River Road is left where it currently is located and becomes a four lane road, there will be a lot of truck traffic going through neighborhoods. An agreement was reached to set aside 800 acres as a preserve for plants. SITLA is currently working to buy a right-of-way connection to the current River Road and will build the connection as soon as it is required. Preserve areas will be fenced off and an area provided so that people can recreate in a more controlled fashion. This area has not yet been defined. There will be areas for hiking and non-motorized use, some study and research areas. They are trying to find an area for ATVs also.

Council Member Gardner commented that this area is a major facility and literally hundreds of people go there to recreate, and is an appropriate place for that. There needs to be a specific area in the plan for motor cycles, ATVs and those who like to do those types of things as they have been outlawed just about everywhere else in the

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area. The area in question is one of the few places that makes sense to allow this kind of use and it should be in the plan.

Mr. Gordon replied that the concern now is with shooting as it is uncontrolled, and there are people on ATVs and others shooting at the same time.

Council Member Orton inquired if staff had any concerns with the request.

City Manager Gary Esplin replied that staff did not have any concerns.

MOTION: A motion was made by Council Member Orton to approve the hillside development permit.
SECOND: The motion was seconded by Council Member Allen.

Council Member Gardner inquired how flexible the boundary areas were, as the area now used extensively by ATVs is designated for hiking only.

Mr. Gordon replied that the boundaries have been agreed upon between SITLA, Fish and Wildlife, UDOT, and the Nature Conservancy and there is little flexibility.

Council Member Gardner expressed concern that the area for ATV use was not shown on the map.

Mr. Gordon replied that a place will be found for ATV use, but not in the area defined as a preserve. They will find 20-40 acres to set aside for ATV use.

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

INTRODUCTION OF SCOUTS:
Mayor Pro Tem Whatcott invited several Scouts in the audience to introduce themselves.

RIDER APPRECIATION DAY:
Mayor Pro Tem Whatcott advised that Saturday, August 19 is Rider Appreciation Day for Suntran and everyone can ride for free.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for the Overlook at Green Valley located along Dixie Drive south of Crown Point and north of Green Valley Subdivision Phase 4. Boyer Company, applicant.

Project Engineer Kathy Hasfurther explained that the subject property is the old Green Valley Golf Course and has a lot of clay soils which must be mitigated. Several lots will be developed as walk-out basements to mitigate cuts and fills over 10'. There will be a connection to 740 South Street. Excess property will be deeded to adjacent landowners. The applicants will be required to put in a right turn lane on Dixie Drive. There are 50 single family lots, zoned R-1-8, with clustering. The Planning Commission recommends approval subject to resolution of the illegal lot split issue next to the Highlands Subdivision.

City Manager Gary Esplin commented that a parcel of property was carved off of this project and does not have access. The applicants need to resolve this before the subdivision is finalized or it will create a lot without access. Staff cannot recommend approval until this issue is resolved.

City Attorney Shawn Guzman explained that the lot is the result of an illegal subdividing by the previous owners who retained ownership of the mesa top but sold off the rest of the property.

City Manager Gary Esplin stated that the City Council could approve the plat subject to the illegal lot issue being worked out.

Council Member Allen inquired where the proposed access to the illegal lot would be.

Ms. Hasfurther replied that it would have come through The Highlands, but there is no connection to it.

City Manager Gary Esplin commented that the City Council could not approve the plat unless the issue is resolved by the developers. This is a point of litigation between the parties that has not been resolved.

Rob Reid, Rosenberg Engineering, explained that all the lots match the Green Valley Subdivision in size. As the lots come down the hill, they will be clustered to keep out of the hillside area and meet the 8,000 sq. ft. minimum. He stated that he verified today that the Boyer Company reached an agreement with the current owner of the illegal lot, and the closing could take place in the next two weeks. The preliminary plat now includes the illegal lot and it will become part of the open space of the subdivision and in the future may remain open space or could be purchased by The Highlands.

Council Member Whatcott inquired if the ponds would be drained.

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Mr. Reid replied that they would be drained and drains will be put in the street. The applicant has agreed to participate in improvements to Dixie Drive.

Mayor Pro Tem Whatcott opened the public hearing.

Paul Landell explained that he was representing several other residents fronting on this subdivision and in the past several days had discussions with the applicant about issues of concern. He stated he was still concerned with ground water. The water table is extremely high in the tier of lots where walk-out basements are being considered. The soil in this area is wet year-round. One of the ponds will be under some of the lots, and he expressed concern about the overall effect on the neighborhood if there were a failure. He expressed concern with traffic and that truck traffic would ruin the City streets. He suggested that construction traffic be prohibited into this subdivision except at the knuckle, with limited access on Dixie Drive. The City has just rebuilt the road from Dixie Drive up to the knuckle.

Council Member Gardner assured Mr. Landell that rigorous geo tech review and soil testing is required in any area with suspect soils.

City Manager Gary Esplin explained that staff was aware of the soil problems because of the ponds. As all the neighbors know, the ponds have been drained numerous times and they fill up again. The source of this water will have to be identified by the developers, in addition to the groundwater, and it will have to be captured.

Mr. Landell advised that the water problems were generated by a combination of springs and over-irrigation.

City Manager Gary Esplin commented that staff will watch the situation closely.

Alan McKell, a member of the Sports Village Board of Directors, explained that a few years ago there were settling issues in Building U due to improper compaction. He stated that while he did not look unfavorably on the project, he cautioned not to fool with the hillside thus causing more slippage.

Rob Reid clarified that the Sports Village is not near the proposed project.

Gordon Paxman explained that drainage runs behind his home and inquired if the easement would remain in place or the land would be taken as part of the project.

Mr. Reid replied that the only easement he was aware of is a traditional 10' easement along the back lot lines for drainage and utilities. He stated he hoped the drains installed in the street would cut off the drainage.

City Manager Gary Esplin advised that there would be a 20' easement for drainage instead of a 10' easement.

Mr. Landell stated that he disagreed with Mr. Reid; that the drainage moves along a naturally occurring channel, and that the water is likely from a combination of springs and irrigation from up above. On Phoenix Drive along the full length of the slope there is a french drain to capture drainage water. He expressed concern about the large bog area which will be located underneath several lots, as well as behind the homes on Grand View. He stated that provision would have to be made to intercept the water that comes down the hill as there is a substantial amount of run-off.

Council Member Orton commented that the developer will have to take care of all the drainage, and if not, there is recourse.

City Manager Gary Esplin replied that there would be recourse if the developer were still around, but the City must make sure the drainage is handled up front, and this project will require special attention because of the clay and underground water. Each lot will require piers, and this will take a lot of engineering and staff will have to be diligent in dealing with these issues.

Gordon Paxman inquired who is responsible to maintain the easement behind his home.

City Manager Gary Esplin replied that the easement is part of his lot.

Mr. Paxman inquired if a wall would be built to separate the projects.

City Manager Gary Esplin replied that a wall is not required because the zoning is the same for both projects, but a wall could be built at the option of each property owner.

Maurice Clark advised that there is a water problem behind his fence and inquired if the developer could put up a bond to guarantee that if water comes through his fence someone will take care of it.

City Manager Gary Esplin replied that the developer is responsible only to take care of the water generated on his property.

Mr. Clark expressed concern that the developer would not be around to take care of problems in future years.

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City Manager Gary Esplin replied that under the subdivision ordinance, the developer is required to post a bond for a certain period of time.

Project Engineer Kathy Hasfurther replied that the project is bonded for one year.

City Manager Gary Esplin replied that this will be changed to two years, and after that the City has some responsibility for the system since it accepted it. He stated that the City will stand behind making sure that whatever system is put in will be maintained correctly.

There being no further public comment, Mayor Pro Tem Whatcott closed the public hearing.

Council Member Orton commented that the project is a great improvement to the area and staff will watch the project closely.

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

Council Member Bunker suggested that approval be made subject to the illegal lot issue being resolved.

AMENDED MOTION: Council Member Orton agreed to add this stipulation to his motion.

City Manager Gary Esplin explained that the illegal lot issue would have to be resolved before final plat approval.

Council Member Whatcott inquired about limiting truck access.

City Manager Gary Esplin replied that some construction traffic for building individual homes would be allowed on residential streets, but the major excavation trucks, dirt movers, etc. needed to build the subdivision itself should come off Dixie Drive.

AMENDED MOTION: Council Member Orton agreed to add this stipulation to his motion.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor Pro Tem Whatcott 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 Hidden Valley Commercial located south of Brigham Road between Desert Hills Drive and 840 East within the Hidden Valley Planned Development. Scott Harmer, applicant.

Project Engineer Kathy Hasfurther explained that the plat consists of two lots in the Hidden Valley area, part of the overall SITLA PD which is being built by Ivory Homes. Ivory Homes would like to subdivide a 11.63 acres for their individual office building and future commercial development. The Planning Commission recommends approval.

Mayor Pro Tem Whatcott inquired if access would be off Brigham Road.

Ms. Hasfuther replied that access would be off 840 East but she had not yet looked at the traffic study.

Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott 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 The Ledges Phase 8 located in the west portion of The Ledges and west of U-18. Randy Deschamps, applicant.

Council Member Gardner declared a conflict of interest.

Project Engineer Kathy Hasfurther explained that the layout is typical for the Ledges, and due to grade differences, there would be several walk-outs. The Planning Commission recommended approval.

Mayor Pro Tem Whatcott 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.

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SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a vote, as follows:

Council Member Orton - aye
Council Member Bunker - aye
Council Member Allen - aye
Mayor Pro Tem Whatcott - aye
Council Member Gardner - abstained

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from MH-6 to PD Residential on 28.45 acres located west of 1100 East and north of 500 North on the west side of the St. George Industrial Park. Jim Haslem, applicant.

Community Development Director Bob Nicholson explained that this area is part of the original Dixie View Mobile Home Park and there has been considerable excavation of the site 30 years ago. A lot of trenches were cut for utility lines and roads carved through. The applicant proposes 137 homes on the site, one and two story detached, with public streets, and an overall density of 4.8 units per acre. Eight different home styles are being proposed. The project is being presented as an affordable housing-type project. The existing Alano Club is proposed as the recreation facility required under the Zoning Ordinance for a PD project. Some of the hillside will be preserved. The applicant also proposes trading land with the City for access to the site from 1000 East and Red Hills Parkway. There currently is access off of Industrial Park Road. The Planning Commission recommends approval subject to meeting the recreation area requirement.

Jim Haslem, applicant, advised that the only question unresolved is the recreation center. If it cannot be resolved, he will sacrifice a couple of lots and do it independently. He explained that there is a desperate need for affordable housing and has 400 families on a waiting list for the 136 homes.

Council Member Bunker inquired if the Alano Club was amenable to the proposal.

Mr. Haslem replied that he met with their executive staff who said it would be acceptable if property could be found for a trade.

Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance subject to obtaining a recreation area.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Orton - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin commented that the City wanted to work with the developer to possibly trade some right-of-way necessary for a road.

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission and Hillside Review Board recommended approval of a hillside development permit for the Dixie View Planned Development.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 to C-2 on .42 acre located at 951 South River Road. Virginius and Barbara Dabney, applicants.

Community Development Director Bob Nicholson explained that the applicant is using the existing home as an office. The Planning Commission recommends approval.

Council Member Bunker inquired if the driveway was wide enough for two cars to pass each other.

Mr. Nicholson replied that the driveway may require widening.


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Mayor Pro Tem Whatcott inquired if AP zoning had been considered, as C-2 lends itself to retail establishments.

Dirk Wells, Mesa Consulting, advised that the applicant applied for C-2 zoning at the recommendation of planning staff. There is no particular reason C-2 zoning is requested, other than the applicants wants commercial zoning. The driveway will be widened to accommodate two cars.

City Manager Gary Esplin inquired if the uses could be limited to AP uses in the C-2 zone so that the zone change would not have to be re-advertised.

City Attorney Shawn Guzman replied that if a use is less intensive, the zone change would not have to be re-advertised, but uses in the AP zone area not as clear. If C-2 zoning were approved, all C-2 uses would have to be allowed.

City Manager Gary Esplin inquired if the uses could be limited through a development agreement.

City Attorney Shawn Guzman replied that he did not think the uses could be limited in a C-2 zone. He commented that the size of the parcel might limit uses in any event.
A zone change to AP would require public hearings before the Planning Commission and City Council.

Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Allen to approve a zone change to PD Commercial with the stipulation of meeting AP requirements, and any recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Orton - aye
Council Member Bunker - aye
Council Member Gardner - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried.

Mayor Pro Tem Whatcott called for a five minutes recess, after which the meeting resumed.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map for both the east and west sides of the proposed Milepost 2, I-15 Interchange, from commercial use designation to various uses including business park, public facilities, park, high density residential, light industrial, and commercial. SITLA, applicant.

Mayor Pro Tem Whatcott advised that the southern or western corridors would not be discussed this evening and it was never the plan to discuss those issues at this meeting.

Community Development Director Bob Nicholson explained that SITLA is the property owner. When the general plan for the City was adopted in 2005 the interchange area was generally designated as commercial on both sides of the freeway. In the past six months good detailed planning has taken place. Gary Wood, consulting engineer, will review those plans. There is approximately 200 acres on the west side and 350 acres on the east side of the proposed interchange, not all of which is SITLA property. Some property is owned by the City, UDOT, and private property owners. Over the past six months a land use committee has met to discuss land use issues. The issue is simply taking the general plan into greater detail. Zoning uses are not being discussed. The general plan is a concept to guide future zoning decisions. The City is not granting particular uses or entitlements, as zoning will take place at another public hearing at some time in the future. The Planning Commission recommended approval of the master plan as presented.

Gary Wood, planning consultant, representing SITLA, explained that this general plan amendment is a product of 18 months of working with UDOT and the City on the whole area around the interchange while dealing with complex issues of access and signage. This general plan amendment is a chance to do it right and avoid long term issues associated with access to various parcels. He stated that he intended to bring in a zone change to PD within the next few months to provide more detail. He advised that he met with residents of Sun River on July 6 to receive their comments and address their concerns. The preliminary south block master plan is still being revised. The existing plan designates the areas as commercial, but there is a lot of land and making it all commercial seems way over any kind of market feasibility. The proposed plan anticipates a town center two miles to the east to serve as a local commercial center for the entire south block area. There will be two commercial areas, one around the interchange and one in the future away from the interchange in the heart of the community. He stated he did not want to see the interchange become the dominant

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commercial point. The proposed general plan includes visitor convenience commercial, community commercial, a travel plaza, business park, employment center, and a mixed use of public facilities, residential land, and an RV park. The positioning of land uses is critical; key factors are visibility and access.

Council Member Gardner inquired about a timeline for the interchange.

City Manager Gary Esplin advised that the timing has slipped. The project is a UDOT project, and if funding issues can be resolved, it can be bid some time in early spring and be under construction shortly after that.

Gary Wood advised that coordination of the southern parkway requires a great deal of quality material for construction, and SITLA is working with UDOT to make use of materials available to the contractor to build the project. This will be beneficial in keeping the cost of the project down. Mr. Wood explained that several interchange designs have been evaluated with regard to Milepost 2. It has been determined that a split point urban interchange is the best option. It is more expensive but it conforms with the EIS.

Mayor Pro Tem Whatcott opened the public hearing.

Mike McFarland, a resident of Sun River, expressed concern that a master plan was premature and commented that an RV park would not be economically feasible, nor does he know what an employment center entails. He stated the need for a new off ramp is critical and that the interchange at Exit 4 was dangerous.

Council Member Orton replied that good planning is master planning and the parties are just trying to come up with a solid master plan for the entrance to the City and State.

Mr. McFarland commented that an area should not be designated as an RV park as the price of land is too expensive.

Council Member Allen explained that the master plan is just saying that there may be a possible location for a mobile home park, but there may be other applications as well.

Steve Hapaker commented that Mr. Wood and SITLA have done a good job of communicating. He commented that traffic around the interchanges and proposed high density residential would change the nature of Sun River. The general plan says that high density residential should be kept away from single family development and that double frontage lots should be avoided. He commented that a better use for property surrounding Sun River would be low density residential or assisted living or restricted age condo type of housing.

Yolanda Thurman expressed concern that a high density apartment-type dwelling would change the composition and flavor of the community as it now exists. She stated she hoped the City Council would listen to the senior community.
Dennis Yack commented that he has seen high density in Salt Lake City and that it is just a ploy to make money.

Gary Wood explained that a business park is different from an employment center only in the category of uses permitted. A business park is created to offer higher quality employment for offices. An employment center might have some assembly or manufacturing totally enclosed within the building. He explained they were trying to create two categories to make a distinction related to access and visibility. With regard to a mixed use area, they are just extending the existing Sun River PD zone. With regard to access and traffic, this was included in the last PD zone access management plan which locks in how access to various areas will occur. He stated he expected to bring forth an access management plan to set the intersections, signals, right-in right-outs, and this will not happen overnight. Build-out for the area will take 15 years.

Council Member Orton inquired if the mixed use area was the only buffer.

Gary Wood replied that there is a buffer along the entire edge. There is a regional trail buffer along the whole corridor on the SITLA side of Arrowhead Canyon Road, and Leisure Services is working on a trail plan for the whole area. There will also be an extra setback for landscaping along Arrowhead Canyon Road, but the buffer is not needed until there is development, and it will occur with development.

Mike McFarland inquired who would pay for the infrastructure and where the needed water would come from.

Mayor Pro Tem Whatcott replied that those who own the property would pay for the infrastructure.

City Manager Gary Esplin replied that the costs are developer-related, but the City is involved in the interchange as a partner. With regard to water, like any development in the City, the City knows how much water will be needed.

An unidentified man asked for clarification of the multi-use corner.


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Community Development Director Bob Nicholson replied that a PD zone accommodates multi-use, and can include different types of residential or commercial, such as The Riverwoods at the base of Provo Canyon, or the Gateway development. He explained that there can be office or commercial on the ground flood with residential above that, however, this is not approved at this point in time. The applicants may, however, come back later with a plan requesting this and there is provision in the code to allow vertical mixed use.

Mayor Pro Tem Whatcott explained that there is a 35' height limit unless a change is requested.

There being no further public comment, Mayor Pro Tem Whatcott closed the public hearing.

City Manager Gary Esplin explained that UDOT is going to use a SPUI intersection for proper stacking distance and does not want to have to come back in 15 years and rebuild the interchange. Long range a SPUI is a good decision. With regard to the master plan, SITLA is a participant in the cost of the interchange and needs some sort of idea of what it can use its property for.

Council Member Orton explained that this general plan amendment does not give the applicant an open book to do whatever they want and they will still have to go through the public hearing process. Action tonight is for the master plan only. The City loves Sun River as it is a great entrance to the City and does not want to do anything to jeopardize what has been done there.

City Manager Gary Esplin commented that planning for this area is only conceptual.

Mayor Pro Tem Whatcott expressed concern that sometimes an applicant can require the City to adhere to the master plan, even if the project no longer fits the area.

City Manager Gary Esplin commented that fortunately these areas are very large and not specifically designated with a legal description.

MOTION: A motion was made by Council Member Gardner to approve the general plan amendment as presented.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - aye
Council Member Bunker - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from A-1 to R-1-12 on 1.59 acres located on the west side of 3000 East at approximately 1100 South. Larry McEntire, applicant.

Community Development Director Bob Nicholson explained that the property is located halfway between the Virgin River and 1450 South. The Planning Commission recommends approval.

Rob Reid of Rosenberg Associates explained that concerns were addressed on the preliminary plat. The three issues were access, to clean up a zone change, and the third issue, 3000 East traffic, is still being worked on.

Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Bunker - aye
Council Member Orton - aye
Council Member Allen - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of a new residential solicitation ordinance.

This item was tabled.


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AGREEMENT:
Consider approval of the UAMPS Craig-Mona operating agreement.

Energy Services Director Phil Solomon explained that the City is part owner in the Craig Mona project which consists of transmission of energy from Craig, Colorado to Mona, Utah. Capacity was being sold on a monthly basis to outside entities and revenues from the sales were going to the pool rather than to the actual owners of the transmission line. This amendment gives the revenue to the owners rather than to the pool. The revenue is estimated to be anywhere from $2,000 to $30,000 a month.

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

AGREEMENT:
Consider approval of an agreement with Alpha Engineering for the Little Valley irrigation system.

City Manager Gary Esplin explained this is an amendment to an existing agreement for design of the maintenance building and related items for irrigation of the fields and School District facilities in the area. The cost is being jointly shared with the School District. The cost of the project is $13,036.

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

REQUEST FOR REASONABLE ACCOMMODATION:
Consider a request for reasonable accommodation for a group home for recovering addicts and alcoholics at 194 South 600 East. Pamela G. DeWitt, applicant.

City Manager Gary Esplin explained that the recommendation of the City Attorney is that the City Council not take any action tonight on the request until the City Attorney?s office has had a chance to review the request and make a recommendation at a later meeting.

Ward Marshall, representing the applicant, advised he met with Deputy City Attorney Paula Houston to present a need for a reasonable accommodation pursuant to the Federal Fair Housing Act. That is the avenue they wish to pursue rater than to request a zone change or to seek a conditional use permit for special use permit for a non-conforming use. The applicants are asking for a reasonable accommodation for the property at 194 South 600 East. The property received a conditional use permit for Moore?s Mulberry Inn to be designated as a bed and breakfast and the CUP of 1996 permitted operation of five rooms to rent to couples, including razing of the garage and replacement with a managerial apartment, inclusive of five additional spaces pursuant to the site plan. When he met with Ms. Houston he indicated some of the tenets of the Federal Fair Housing Act and need for such drug-free houses based upon the increase in number of applicants. It is his understanding that some of the neighbors do not want such a facility in their backyards. It is his position based on the Federal Fair Housing Act that addicts are considered to be handicapped based upon previous use or addiction to drugs or alcohol. The District Court operates a drug program which is partially funded by federal funds and when municipalities accept federal funds, they are required to abide by federal rules and regulations, including the FFHA. He requested that the application for reasonable accommodation be granted based upon the community?s need to accommodate such people based upon the closeness and proximity to the District Court, the Care and Share, and library, and the fact that many of these people have been denied driving privileges. To relegate these people to outlying areas of the community would be considered a substantial hardship, and their position is that this would constitute an undue hardship upon them. Federal law prohibits discrimination against people with disabilities, and they are included under protection afforded by the FFHA. It is his position that rather than seek a conditional use permit, a reasonable accommodation request is a remedy available for group homes in the community. He then read language from the FFHA. He stated that it is their position that in order for the City to be in compliance with the FFHA, the request for reasonable accommodation is constitutional and necessary.

Council Member Gardner inquired if the applicant was requesting to expand the use by one person.

Kevin Van Houten replied that there will be nine in the main house along with a house manager, and a mother and two children are in the back apartment.

City Attorney Shawn Guzman inquired of the applicant the total number requesting.

Mr. Marshall replied ?twelve?.


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Deputy City Attorney Paula Houston clarified that based upon their application, the applicants are asking for an accommodation and are using the fact that the conditional use permit previously granted is a basis for providing that accommodation. That conditional use permit was for a bed and breakfast with five bedrooms, and was not set on the number of people allowed to stay there. The applicant at that time was also allowed parking within the conditional use permit; four spots on site and a diagram was submitted outlining the locations. The applicants were also allowed to enclose the garage making it a manager?s apartment which was not a separate living facility and was part of the house itself. The applicants were allowed to not have any covered parking which the ordinance required.

City Manager Gary Esplin advised that the information presented would be reviewed and staff would hopefully have a recommendation for the City Council within 30 days, at which time the item would be rescheduled on an agenda.

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

AGREEMENT:
Consider approval of an agreement with UDOT for Airport Project No. 3-49-0060-07.

City Manager Gary Esplin stated that the FAA has to go through UDOT in order to give the money to the City. The funds will be used for financial planning and updated engineering costs for the new replacement airport. The City needs to figure its land costs and infrastructure, realizing costs will be going up. This also allows the City to get the funding for the financial plan. Lewis Young will be authorized to provide details on how to fund the project. The FAA would like to see an ongoing evaluation to determine alternatives. Staff recommends approval. The City?s share of the costs is 5%, and the funds have been included in the budget.

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

AGREEMENT:
Consider approval of a development agreement between the City and Home Depot.

City Manager Gary Esplin explained that the agreement with Home Depot is to work out issues along the wash at the new site.

City Attorney Shawn Guzman explained that the City has been working to preserve Halfway Wash, which is part of Home Depot?s property. Staff has been working with them to come up with a plan for grading and working the site to protect the wash. There is a need to get a lot of water down the wash, and there might have to be work done to protect Home Depot. The City would like to keep the wash in as much of a natural state as possible, but if work is needed to protect Home Depot, they will have a right to do so.

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

City Attorney Shawn Guzman clarified that there needs to be some work done right now in order to protect the site, but the site will be kept as open and natural as possible.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held July 20, 2006.

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

ADJOURN TO EXECUTIVE SESSION IN ADMINISTRATION CONFERENCE ROOM:
MOTION: A motion was made by Council Member Gardner to adjourn to an executive session to discuss a property purchase.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows:

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

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Council Member Orton - aye
Mayor Pro Tem Whatcott - aye

The vote was unanimous and the motion carried. The Council adjourned to the Administration Conference Room.

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

MISCELLANEOUS:
Council Member Bunker reported on a recent Dinosaur Board meeting.

City Manager Gary Esplin reported on a Dixie College Planning Committee meeting he and Council Member Bunker attended.

ADJOURN:
MOTION: A motion was made by Council Member Orton to adjourn the meeting.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried.



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Gay Cragun, City Recorder