City Council Minutes

Thursday, May 18,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 18, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Larry Gardner
Council Member Suzanne Allen
Council Member Gail Bunker
Council Member Rod Orton
Council Member Robert Whatcott
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Attorney Paula Houston
Deputy City Recorder Judith Mayfield

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Scout Colin Campbell from Sage Creek Troop 1790. The invocation was offered by City Manager Gary Esplin.

Mayor McArthur asked Phil Solomon, Director of Energy Services, and Dennis Jorgensen, Superintendent of Energy Services, to come forward so he could present them with the Reliable Public Provider Plaque (RP3) in the City.

Director of Energy Services, Phil Solomon explained that the American Public Power Association implemented the program to promote public power that competes against investor-owned power. He stated that the award was given to the City based on an application that was submitted which included the level of reliability, employee safety and training, overall customer service and conservation efforts. He said that 64 entities in the United States received the award out of over 2,000 municipal utilities. He explained that the City received the Platinum level which is second to the Diamond level. He stated that he was very appreciative of all the employees in the Energy Department, the City Council and the Water and Power Board for their support.

Dennis Jorgensen, Superintendent of Energy Services, said that the award is a very prestigious award and that there were very few that received the award at the APPA conference in Sacramento, California.

Mayor McArthur stated that he appreciated how quickly the Energy Services Department responds to outages and recognized all of the employees in the department.

Mayor McArthur recognized former Mayor James Grey Larkin and Representative Steve Urquhart in the audience and welcomed them.

CONSENT CALENDAR:
City Manager Gary Esplin presented the April, 2006 Financial Report and stated that the City is still doing well for the current fiscal year overall.

MOTION: A motion was made by Council Member Whatcott to approve the April, 2006 Financial Report.
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 power to the reuse pump station.

Purchasing Manager Connie Hood recommended approval of the request for $78,955.50 in order to provide power to one of the reuse pump stations.

City Manager Gary Esplin explained that the funds will come from the Indian water rights
settlement with the federal government as this is part of the system to get the water to the reservation.

MOTION: A motion was made by Council Member Gardner to approve the request.
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 a hydro excavator for the Water Services Department.

Purchasing Manager Connie Hood stated that two vendors submitted bids that complied in all the major areas of the specifications. Ms. Hood said that A.G. Body, representing Vactor, met all the specifications required and that they were the low bidder at $183,180.80. Ms. Hood recommended award of the bid to A.G. Body.

MOTION: A motion was made by Council Member Orton to award the bid to A.G. Body in the amount of $183,180.80.
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 the 100 West storm drain project.

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Purchasing Manager Connie Hood explained that this is the second time this project has been bid and it is still $141,446 over the engineer?s estimate. She stated that after the first bid the engineer reworked the project scope but that resulted in a reduction of approximately $50,000. Ms. Hood recommended award of the bid to Sunroc Corporation in the amount of $595,000.

City Manager Gary Esplin said the time constraint is a problem because the storm drain needs to go from 100 West to 100 South before the library is complete.

Applicant Wes Jenkins explained that the 54? line is part of the storm drain master plan which will go from 100 West and will have to go around the gazebo which has contributed to the cost.

MOTION: A motion was made by Council Member Gardner to award the bid to Sunroc in the amount of $595,000.
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 chip seal aggregate.

Purchasing Manager Connie Hood explained that only two vendors picked up the bid packages and only one responded with a formal bid. She recommended award of the bid to Rogers Construction Co. in the amount of $77,600.

MOTION: A motion was made by Council Member Gardner to award the bid to Rogers Construction Co. in the amount of $77,600.
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 secondary lighting for St. George Blvd.

Purchasing Manager Connie Hood explained that this item includes all wiring for tree up- lights at every tree except those in the median in the non-historic areas and 12-foot gauge water proof extension cords for Christmas lighting. She stated that the bid does not include the termination of wiring, outlets or lighting.

Mayor McArthur asked Marc Mortensen, Manager of Support Services, to explain what the Boulevard will look like with the lighting.

Marc Mortensen, Manager of Support Services, stated that the City has already purchased over 1,000 strands of L.E.D. Christmas lights. He explained that there would be 275 trees on the Boulevard that would be lit.

MOTION: A motion was made by Council Member Allen to approve the award of the bid to Codale Electric Supply, Inc. in the amount of $125,348.97.
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 Gunlock pipeline relocation engineering.

Purchasing Manager Connie Hood explained that at the last City Council meeting the relocation of the Gunlock pipeline from Santa Clara Heights into Santa Clara Drive was approved. Ms. Hood said that this is part of the UDOT Santa Clara Drive project. She said that the engineer for the project is Carter Burgess and it is proposed that this company also design the water line relocation. She stated that the fee is $35,205, which is 6% of the cost of the water line relocation. She recommended approval of the award of bid to Gunlock Pipeline Relocation Engineering.

MOTION: A motion was made by Council Member Allen to approve the award of the bid to Gunlock Pipeline Relocation Engineering in the amount of $35,205.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution creating the EDA/CDA #5 in the Ft. Pierce Industrial Park.

City Manager Gary Esplin explained that this is the creation of a combination Economic Development Area and Community Development Area for the Ft. Pierce Industrial Park. He stated that under the Community Development Agency Act the City can allow other governmental entities to opt into the district and not have to go through a formal creation process list such as through the regular EDA or RDA. He explained that the EDA/CDA #5 would be 282.87 acres. He said that if the resolution were approved it would be presented to the School District, the Conservancy District, and to other taxing entities to opt in and create the district.

MOTION: A motion was made by Council Member Gardner to approve the resolution creating the EDA/CDA #5 in the Ft. Pierce Industrial Park.
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SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution consenting to the transfer and assignment of its cable system, including the City franchise agreement, from Charter Cable to Orange Broadband.

Deputy City Attorney Paula Houston explained that this request from Charter Communications is to allow Orange Broadband to assume their franchise that they have with the City. She said that the franchise agreement expires February 2007 and by consenting to this transfer, the City is agreeing that the Agreement is in effect, without default, that the transfer would not breach the Agreement, and that Orange Broadcast would have the same rights and obligations under the Agreement.

Mr. Bill Schuler stated that he is the President and CEO of Orange Broadband. He explained that they are a smaller cable company and they are under an asset purchase agreement to buy certain assets of Charter Communications that include the St. George system as well as surrounding communities. He said that there are services that they would like to introduce digital video recorders and eventually video on demand and try to improve the high speed data networks. He said they also wanted to improve customer service and technical service.

Council Member Orton asked if Broadband was buying the franchise based on number of units in St. George. He asked Mr. Schuler if he knew the number of hook-ups Charter has in St. George.

Mr. Schuler stated that they have seen documentation on how many subscribers are in each community.

City Attorney Shawn Guzman arrived.

Council Member Orton stated that he serves on the Board of the Community Education Channel and they have had difficulty getting the audited number of subscribers. He said that over the last eight years there has been no increase in number of subscribers.
Mr. Schuler stated that the number of Charter Communications subscribers has decreased over the last few years.

Council Member Bunker asked if any of the other surrounding communities have agreed to the request.

Mr. Gary Massaglia stated that he is the Vice President of Operations for Charter. He said that a couple of the smaller communities in this area have already processed their approval and that they are on the council agenda for all of the others. Mr. Massaglia said that he would be happy to go over the numbers of the specific communities with the Council if they want that.

Council Member Gardner asked City Attorney Shawn Guzman if the request has been reviewed by the Legal Department.

City Attorney Guzman stated that it had been reviewed and that it is simply a resolution stating that Orange Broadband can assume the franchise under the same terms.

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

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of a beer license and local consent for a restaurant liquor license for Curell?s Restaurant. Rose M. Gonzales, applicant.



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City Manager Gary Esplin explained that Curell?s currently has a license and that this is for new ownership. He said that the application has been reviewed and recommended approval.

Applicant Rose Gonzales thanked the Council.

MOTION: A motion was made by Council Member Bunker to approve the request for a beer license and local consent for a restaurant liquor license for Curell?s Restaurant.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SET PUBLIC HEARING:
Zone change request from OS to PD-AP on 2.35 acres located on the west side of Bluff Street at approximately 350 South Bluff Street. Mr. Neil Gibbs, applicant.

City Planner Mark Bradley advised that at the May 9, 2006 Planning Commission meeting a request was made for a public hearing to be scheduled for a zone change request from OS to PD-AP on 2.35 acres located on the west side of Bluff Street at approximately 350 South Bluff Street. Mr. Bradley said that the next available date for a public hearing would be June 15, 2006 at 5:00 p.m.

MOTION: A motion was made by Council Member Allen to schedule the public hearing for June 15, 2006.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
City Planner Mark Bradley advised that the Planning Commission, at its meeting held May 9, 2006, recommended approval of the following ten final plats.

The Views at Stone Mountain Phase 1, located at 2600 East and 1450 South Street. Mr. Darren Hensley is the applicant.

Anasazi Ridge at Entrada Phase 3, located on Cohonino Trail and Supia Trail, north of 2000 North Street. Mr. Marc Brown is the representative.

Desert Shadow at Painted Desert, located at 1430 East and 2450 South. Ence Homes is the applicant.

Sun River St. George Phase 22, located at Sun River Parkway and Country Club Drive. Mr. Darcy Stewart is the applicant.

Sun River St. George Phase 23, located at Whisper Point Drive, south of Sun River Parkway. Mr. Darcy Stewart is the applicant.

Sun River St. George Phase 24, located at Medallion Street, south of Sun River Parkway. Mr. Darcy Stewart is the applicant.

Paragon Cove Townhomes at Stone Cliff Phase 6, located northwest of Paragon Drive and Stone Cliff Parkway. Mr. Gail Maxwell is the applicant.

Serenity Cove, located at Rasmussen Drive and 2760 East Circle. Mr. Ryan Button is the applicant.

Avallon at Meadowood Phase 4, located at Chalon Drive, north of Stonebridge Drive. Mr. Clayton Leavitt is the applicant.

Silver Cloud Drive, located at approximately 4000 North. Mr. Kurt Allen is the representative.

City Manager Gary Esplin stated that there are concerns about the three Sun River final plats with regard to the site of a fire station. He stated the City had received an appraisal for the two acre site that was agreed on for the location of the fire station but there was still some question about the appraisal amount. He said that Mr. Stewart indicated he would be willing to pay a portion of the cost of the property in addition to leveling the site. Mr. Esplin said that the question is whether the City is willing to pay the balance of the appraisal price and whether that has anything to do with the request for final plats.

Council Member Orton stated that during the preliminary plat discussion the Council indicated that they wanted to solve that issue before the final plats were approved.

City Manager Gary Esplin said that SITLA is willing to sell the piece at that appraised value. He said that if the City feels that the price is too much then they would need to look at another site.

Mayor McArthur asked if the City was negotiating with SITLA on this.



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Council Member Whatcott stated that was a concern on the part of the City. He said the City was being pushed over to SITLA and not dealing with Sun River on the property.

City Manager Gary Manager said that was why Mr. Stewart was willing to contribute towards the cost. He said that normally the City would have to purchase the site unless it was donated.

Development Director Matt Loo stated that the Fire Department had two locations to consider but the location currently being discussed is closer to a road and therefore would give the Fire Department better access to respond.

Council Member Whatcott said that the location should have been solidified two to three years ago. He said that now the City is getting an appraisal at commercial value rather than residential. He said that it is a barren site but the appraisal is for commercial. He said that $250,000 per acre is pretty steep.

Mayor McArthur asked if the ground was already zoned.

City Planner Mark Bradley stated that it was zoned open space.

Mayor McArthur said that he thought the City should get a second appraisal based on the fact that it is open space.

A representative from Sun River stated that these three phases weren?t the ones that triggered the issue in February. He said that these were preliminary plats that started in October. He said when the issue came up, Sun River had many meetings and helped to locate the site. He said that they developed the legal descriptions and provided the materials that were needed trying to get through it. He said that Sun River has done everything and more than they?ve been asked to do by the City. He stated he didn?t know what else they could do.

Council Member Whatcott said that he appreciated everything that had been done and the fact that Mr. Stewart was willing to donate the piece of property. He said that the problem was that now the City was dealing with SITLA and that was not the intent. He said that had the issue been dealt with two or three years ago, the City would be dealing with Sun River property and not SITLA property.

Council Member Orton said that as a Council they feel that they are losing ground on this and not getting closer to a solution.

The representative from Sun River stated that part of the high value was because of the key location near the interchange.

Council Member Whatcott stated that would only be the case if the City allowed the final plats to be signed.

City Manager Gary Esplin recommended tabling the three Sun River plats until a special meeting could be arranged with SITLA to see if they would reach an agreement.

Council Member Gardner said that they could approve the final plats based on the condition that there be resolution on the fire station location.

City Manager Gary Esplin said that the issue is what the City is willing to pay for the site - whether it?s $200,000 or $300,000 for the two acres.

Council Member Whatcott said that if you look at it strictly from a dollar standpoint, would $300,000 for a little over two acres be a reasonable number.

The representative from Sun River said that part of what the donation from Mr. Stewart would do would be to bring the cost of the site to the City well below what the property on Sun River would cost.

City Manager Gary Esplin said that the Council could approve the plats subject to any conditions that would be determined at the next Council work meeting.

MOTION: A motion was made by Council Member Orton to approve all ten final plats and authorize the Mayor to sign all but the three Sun River plats until final conditions can be determined.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Dolce Vista Phase 2 at Sunbrook located at the northwest corner of the intersection of Alienta Drive and Plantations Drive. Sunhill Homes, applicant.

City Planner Mark Bradley explained that he would be discussing this preliminary plat along with a hillside development permit. He said the hillside development permit is for the site located at the south end of the Sunbrook development where Alienta Drive and Plantations Drive will connect. The design of the intersection was still under

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consideration at the time the Hillside Review Board met on-site. The Planning Commission recommended approval with the same recommendations made by the Hillside Review Board, allowing two additional lots, no pushing of dirt over the hillside, and subject to the Plantations Drive roadway alignment being resolved and verification of the hillside overlay zone boundary.

City Planner Mark Bradley explained that the Dolce Vista Phase 2 preliminary plat is a subdivision phase with 78 single-family detached patio home sites. He said it is located at the northwest corner of the intersection of Alienta Drive and Plantations Drive. Mr. Bradley said that the Planning Commission recommended approval subject to: (1) the hillside development permit, (2) Plantations Drive roadway alignment to be located outside of the 40% slopes, except if the roadway alignment is clearly outside the hillside overlay zone, and (3) details of the proposed rock wall along Lots 98 ? 103 be submitted to the City for review and compliance with the rockery wall standards.

Mr. Mark Fonger stated that he was a representative for Sunhill Homes. He gave the Council a copy of the slope map that had the hillside overlay zone line on it. He said that the line is north/south and pointed out the property that was inside the zone and what property was outside of the zone. Mr. Fonger also gave the Council a second copy that showed the rock wall and he said that they have proposed that Plantations Drive have a trail on the Sunbrook side. He said that the trail has a buffer and would be raised up above the elevation of the road in order to make it safer and a more desirable location for pedestrian access.

Council Member Bunker asked if the trail would connect with the City trails.

Mr. Fonger explained that the trail would connect across to the Plantations trails and he said that he believes there are plans to have those connect to the City trails.

Council Member Bunker asked what type of buffer there would be.

Mr. Fonger said that it would be a landscape buffer that would be approximately 10 feet wide and that the trail would be set up approximately 4 feet above the road level.

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

Council Member Whatcott asked what the size of the lots would be.

The representative from Sunhill said that there would be two products. One would be an R-1-8 type subdivision. The second product would be a narrow, deep unit.

MOTION: A motion was made by Council Member Orton to approve the Hillside Development Permit and the Preliminary Plat for Dolce Vista Phase 2 at Sunbrook.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT AMENDMENT:
Public hearing to consider approval of the preliminary plat for The Ledges Phase 1 Amended with 28 buildable pads rather than individual lots. Kurt Allen, applicant.

City Planner Mark Bradley explained that the amendment is to: (1) enlarge the phase boundary, (2) change the lots to building pads with common and limited common areas, and (3) incorporate three additional building pads. He said the new total would be 28 single-family detached patio homes sites.

Council Member Gardner declared a conflict of interest.

City Planner Mark Bradley said that staff wanted to point out that there is a change as far as the designated plan development concept plan and the increased numbers from what was shown on that plan. He said that the Planning Commission, in their consideration, determined that was not a significant change to the overall plan development because in different areas of the development they lose some lots and in other areas they gain lots.

Council Member Orton asked if staff had any concerns with the Planning Commission recommendation.

City Planner Mark Bradley said that the only concern so far is that this amended plat and another one that will be coming to the Council next meeting are increasing the number of units on this side of Highway 18 and there doesn?t appear to be much of a reduction. He said it would depend on whether they have larger lots on the west side of the road. He said the other concern is that there are several areas that are being changed from the PD and so they are anticipating an update to the overall PD plan.

Council Member Orton asked if there were concerns about the request to amend the preliminary plat for Phase 1.



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City Planner Mark Bradley said that it was designated for 24 units and was originally approved at 25 units and now it is at 28 units. He said that a commitment has been made to bring an amendment to the PD. He explained that the change in the amendment being considered was that they were going from lots that have minimum 8 ft. side yard setbacks on a PD to pads that vary from 10 ft. to 16 ft.

City Attorney Shawn Guzman said that the Legal Department felt it was a significant change to go from lots to pads.

Council Member Orton asked Mr. Guzman if that concern had been addressed at the Planning Commission.

City Attorney Guzman said that he was not at the Planning Commission but the Legal Department had given their opinion to Community Development.

City Planner Bradley stated that was why it was before the Council as an amended plat.

A representative from The Ledges came forward to answer questions.

Council Member Orton asked if the change was made because of the setbacks.

The representative from The Ledges stated that was not the reason. He explained that over half the lots are still 8 and 8; ten that are 12 instead of 10; eleven that are 16 instead of 10; and four that are 15 instead of 10. He stated that they had always planned on doing the patio home design since day one. He said that he thought it was an error on their part in not knowing that they had to show the pads on the original preliminary plat. He explained that the original plan showed a radius on the north side of the plat that cut it shorter. He said the City asked them to eliminate the radius and go into a roundabout that left about an acre of land that wasn?t designed or planned. He said they put some additional lots around the cul-de-sac at the end of the plat and that is the reason for the additional units.

Council Member Allen asked The Ledges? representative if the Council would see other requests for amendments going from lots to pads.

The representative from The Ledges stated that there were no other preliminary plats that had been submitted as lots that would be going to pads.

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 request to amend the preliminary plat for The Ledges Phase 1.
SECOND: The motion was seconded by Council Member Whatcott.
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 The Ledges Phase 6 located on the west side of U-18 at 5000 North. Kurt Allen, agent for the applicant.

Council Member Gardner declared a conflict of interest.

City Planner Mark Bradley explained that the phase is located on the private street side of the development and has larger, single-family lots that range from 17,210 sq. ft. to 27,407 sq. ft. He said that the Planning Commission recommended approval subject to the proposed cul-de-sac design by lots 603-606 be reviewed and approved by the City Development Service engineers.

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

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Home Depot - Westridge Commercial Subdivision located at the northwest corner of the intersection of Westridge Drive and Sunset Blvd. Amy Yatch, agent.

Council Member Whatcott asked Council Member Gardner if he still had a conflict of interest. Council Member Gardner stated that he did not.

City Planner Mark Bradley explained that the preliminary plat for Home Depot-Westridge Commercial Subdivision has five commercial lots located at the northwest corner of the intersection of Westridge Drive and Sunset Blvd. He said that the lots range in size from 11.5 acres to .77 acres. Mr. Bradley said that the preliminary plat shows an area of Half Way Wash to be deeded to the City of St. George. He said that the Planning
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Commission recommended approval subject to: (1) compliance with the Traffic Impact Study recommendations, (2) the westbound deceleration lane along Sunset Blvd. requires review and final approval by UDOT and if the signal requires relocation, the expense is the developer?s responsibility, (3) the left turn lane details along Westridge Drive are to be finalized with the City Traffic Engineer, and (4) the drainage easement location be finalized.

Council Member Orton stated that there had been concerns from the neighbors about fencing along one of the sides of the plat.

City Planner Ray Snyder explained that the applicant has submitted a site plan review and that they are addressing a wall along their property.

Council Member Allen asked if in the initial site plan the parking lot showed any space for vegetation.

City Manager Gary Esplin explained that the islands in the parking lot would require trees.

Ms. Amy Yatch stated that she is the Agent and that the landscaping has been addressed in the landscape plan.

Council Member Orton asked if they had made some changes to the colors on the building.

Ms. Yatch stated that they would be using earth tone colors rather than the typical Home Depot orange.

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

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

PUBLIC HEARING/PRELIMINARY PLAT AMENDMENT:
Public hearing to consider approval of the amended preliminary plat for Escalera Estates located at the northwest corner of the intersection of 1900 East Street and Middleton Drive. Peter and Julie Blake, applicant.

City Planner Mark Bradley explained that the request to amend the preliminary plat is to incorporate two additional lots. He said that it meets the zoning. He said there is a portion on the north end that will be deeded to the property so they will meet the RE-12.5 standards. Mr. Bradley explained that even though Middleton Drive has an 80 ft. public right-of-way, it was built as a 66 ft. right-of-way so the homes that front the street have circular drives. He said that the Planning Commission recommended approval subject to staff comments that roadway improvements are to be completed

with the first phase unless other arrangements are made and lots 7 and 8 require a minimum lot size of 12,500 sq. ft.

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Royal Pine Estates located at 1190 South and 3000 East. Larry McEntire, applicant.

City Planner Mark Bradley explained that on August 4, 2005, the City Council approved a zone change request from A-1 to R-1-12. The applicant owns approximately 1.56 acres of property between this proposed subdivision and the Firenze subdivision at the north. Originally, the applicant applied for a re-zone on 7.91 acres and then revised the request based on a strip of property that he doesn?t own along his northerly property boundary. Mr. Bradley said that this creates a problem for the applicant in regards to roadway frontage, dedication, and improvements.

Mr. Bradley explained that staff pointed out that the only public access to the subdivision would be from 1450 South and come through the new subdivisions of Ancestor Estates, River Hollow and Stone Valley. The applicant is showing stub streets to the north and south but currently there is no access to those areas so it becomes a very long dead end cul-de-sac until the time comes when they can provide connectivity. Mr. Bradley stated that staff also recommended that lots 8-10 and 13-14 be held out of this subdivision and be included as part of the north property. They felt the improvements for the intersection of 1130 South and 3000 East and the portion of 1130 South are too great for four parcels. Mr. Bradley stated that staff identified after the

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Planning Commission meeting that the plat did not incorporate a north/south street on the westerly boundary adjacent to the Stone Valley Estates, west of Lot 14 and Lot 15. This layout does not match what was required with the Stone Valley Estates plat. He stated that if the Council proceeds tonight it should be based on the condition that the Stone Valley plat come through the amendment process. Otherwise they would end up with a half of a road width that?s dedicated.

Council Member Allen asked about the street that was marked with a question mark on the map. She asked if that street would become the through street if the other is abandoned.

Mr. Bradley said that it would be a possibility to align with the intersection into the Firenze subdivision. Mr. Bradley stated that the applicant would prefer this option because there is an irrigation line where they would like to see a trail come through. He stated that one concern is that this is a recorded plat so they would need to make sure the amendment would go through the process. The other concern is if the road is stubbed and the applicant sells that land to someone else, there is a strip that is blocking access to the two subdivisions. Mr. Bradley stated that was why there is some question about whether this piece is premature without the other issue being resolved.

Council Member Allen asked if staff had spoken with the other owners. She wanted to know if they had personally expressed that they would like to amend their plat.

Mr. Bradley stated that he had not spoken to them and that they would need to rely on the applicant?s engineer to amend it.

Council Member Whatcott stated that it was difficult to tie the two together or to understand where they were going with the information that they received. He said that seeing the other subdivision tied to it helps, but they didn?t have the information before the meeting. He said that he is concerned about looking at one drawing that doesn?t tie in to the whole area and questions about access to the property. Council Member Whatcott said that he didn?t feel that he had received enough information to make an informed decision.

Mr. Ron Reed stated he was with Rosenberg Associates. He said they have been working with City staff on this project for over a year. He said that originally they came in with a layout to improve and subdivide the whole property with a master plan that showed a 50 ft. road on the northern area. He stated that there is a 40 ft. strip that is retained by another owner so they would be forced to front that 50 ft. residential road. He said that in retrospect it would have been better for them to request a zone change for the whole area but there was some misunderstanding on roll-back taxes and tax base and it was decided at the time not to do that. Mr. Reed said that the original layout had access off of 3000 East and in working with City staff they concluded that having one access between the proposed 50 ft. road on the north and 1450 would be best. He stated that as far as the 50 ft. right-of-way along the irrigation ditch they had originally had the layout go along the ditch but when it came to design the irrigation ditch posed a great problem because it is an active irrigation ditch. He stated that the adjoining property owner did not want to fill that area to make it high enough to go over the ditch. He said that was why they were going with this alternate design. He said that they had coordinated it with the adjoining property owner. He said that at that time they had preliminary plat approval and were under construction. Mr. Reed said that when the question came up as to whether they should try to fix the plat or let it proceed and then amend the plat, they chose to proceed and then amend the plat at this point. He stated that it had been coordinated with the adjoining developer and engineering. He said that the layout addresses all the concerns that had been presented to them.

Council Member Orton asked if the adjoining property owner agreed with moving the road.

Mr. Reed stated that was his understanding. He said that he doesn?t have anything in writing but he said the property owner has paid a significant amount of money to put a box culvert in for the ditch and pay for fill on those lots. He said that it is his understanding that Quality Development has agreed to amend the plat.

Council Member Gardner said that since it was a preliminary plat, if the issues weren?t dealt with the Council would not have to approve the final plat.

Council Member Orton said that giving them approval for the preliminary plat allows them to get started on the subdivision. He stated that the Council has looked at some final plats where the roads are already in. Council Member asked staff if they felt the applicant was premature in developing the property.

Assistant City Engineer Jay Sandberg stated that the concerns staff has with the project is that the approval be subject to the Ancestor Estates being amended. A second concern is that there is a vertical curve on 3000 East which creates safety hazards based on site distance. He stated that staff has put this subdivision and Firenze on notice that that has to be taken care of in the design of the subdivisions. Mr. Sandberg said that staff has also talked to Larry McEntire, the applicant, and Mr. McEntire said that he is willing to hold out some of the lots until this is resolved. Mr. Sandberg said that they


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May 18, 2006
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are trying to limit access on 3000 East because it will be an arterial road that will go across the Virgin River and will tie into Mall Drive.

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

Council Member Whatcott stated that he did not think the Council had adequate information nor detailed drawings sufficient enough to show the connectivity going up to 1450 South and how it applies to the development on the west. He said that his recommendation would be to table it or deny it until they can get the information to the Council so they can make an informed decision.

Council Member Orton said that he thinks they need to resolve the problem with the road and make sure the other applicant is comfortable with the connectivity. He stated that he agreed with Council Member Whatcott.

Assistant City Engineer Jay Sandberg said that staff has asked the Firenze developer to do a conceptual plan to show the road grades and to determine what actually needs to be done to correct the concerns. He stated that staff has told them that they want that to be dealt with before they move ahead with the construction drawings.

Council Member Orton asked if that was the property to the south.

Mr. Sandberg stated that it was. He stated that they have allowed Firenze to move forward with the preliminary plat approval but they will not be able to go any further until the 3000 East issue is addressed.

Council Member Allen stated that the Council wouldn?t see the construction drawings again and she stated that she would recommend tabling the request in order to understand the connectivity and what the roads would be.

MOTION: A motion was made by Council Member Allen to table the request for a preliminary plat for Royal Pine Estates.
SECOND: The motion was seconded by Council Member Whatcott.

City Attorney Shawn Guzman asked if the Mayor was asking that the adjacent plat be amended before the Council would consider this request again.

Council Member Whatcott asked if they should deny it in order to put it back on the applicant.

City Attorney Guzman said that they wouldn?t have to deny it. He said that tabling would be fine but if the Council were looking at the adjacent plat to be amended before the next meeting he suggested that the applicant should know that so they can make sure that process is at least initiated.

Mr. Reed said that he felt the Council should ask staff what the status of that is because it has been something that has been worked out among the developers.

Council Member Allen said that the Council hasn?t seen anything on that.

City Attorney Shawn Guzman asked if the City had received an application to amend that plat.

A representative from the City staff stated that the City did not have an application at this time.

Council Member Whatcott stated that he felt there was more than one issue. He commented they include the right-of-way, the road on 3000, the 40 ft. strip with a new road going into it, and the whole connectivity up to 1450 South.

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 The Springs Estates Phase 9 located at the south end of Bella Rosa Drive north of 1450 South. Paul B. Jensen, applicant.

City Planner Mark Bradley explained that Phase 9 has two lots located outside of the 100 year flood plain. Mr. Bradley said that the Planning Commission recommended approval subject to 1450 South Street realignment prior to the final plat and upon the applicant?s engineer?s recommendation on erosion control.

Assistant City Engineer Jay Sandberg stated that The Springs subdivision had been approved before the erosion hazard boundary was adopted. He said that the NRCS had built a rock berm on the other side of the pasture area. He stated that the applicant had contacted the engineer that the City has used to update the river study and Mr. Jensen is in the process of getting a letter from the engineer stating the lots are safe to build on. Mr. Sandberg stated that the existing dedication for 1450 South shows the road going up into The Cliffs area to the south. He said that the dedication needs to be


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shifted to more accurately fit where the road is actually going to be located. He said that will be reflected on the construction drawings as well as the final plat.

Council Member Allen asked if Mr. Sandberg felt that it should be stated on the plat that the area could be subject to flooding and developed at their own risk.

Mr. Sandberg stated that they would recommend that.

Council Member Bunker asked if the engineer was making the recommendation that the lots would be safe to build on because of the berm built by the NRCS.

Mr. Sandberg stated that was the case and that the line would be adjusted back away from the lots because of the berm.

The applicant, Mr. Paul Jensen, stated that the lots are out of the flood plain. He said that there was no water on the lots during the last flood. He stated that they were about 2 ft. higher than the water.

Council Member Bunker stated that it was the erosion that caused the loss of homes during the flood. She said that if there is another flood like the past one there would be a problem with homes built on the property.

Mr. Jensen said that the erosion wouldn?t be a problem because of the rock berm. He said that it is over 12 ft. high, 30 ft. wide at the bottom and 8 ft. at the top and is at the bottom of the pasture.

City Manager Gary Esplin stated the rock berm built by the NRCS would be the same type of erosion control that they will be building throughout Bloomington, Bloomington Hills and in the Santa Clara River area. He explained that the amendment to the plan that Mr. Sandberg is talking about would be a recommendation from the group that the City had do the study on the area. He said their letter would say that based on the adoption of the Flood Control Plan the City agreed on this property would be taken out of the hazard area.

Council Member Orton asked if that was consistent with what the City has done in other areas near the river.

City Manager Esplin stated that if they conform to the plan and the erosion is taken care of and they are out of the 100 yr. flood plain there isn?t anything the City can do to stop them from building. He said that a flood warning notice is put on the plat and the owners are required to have flood insurance.

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

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the conditions stated.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote.

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

The motion carried.

PUBLIC HEARING/AMENDED PRELIMINARY PLAT:
Public hearing to consider approval of the amended preliminary plat for Sienna Park Condominiums at Stonebridge located on Country Lane off Stonebridge Drive. Brian McMullin, applicant.

City Planner Mark Bradley explained that the Planning Commission recommended approval with the following conditions: (1) compliance with the city code in reference to parking and building separation and (2) allowance of a second open access as long as it can be engineered properly for slope and site distance and coordinated with the golf cart path crossing.

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

Council Member Whatcott asked if the staff had a preference on having the second access.

City Manager Gary Esplin stated that they would prefer having the access if they could work out the sight distance and safety issue before the final plat is approved. He said that if they couldn?t workout those issue, then the developer would have to meet the sprinkler requirements established by the Fire Marshall.



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May 18, 2006
Page Twelve

MOTION: A motion was made by Council Member Whacott to approve the amendment to the preliminary plat with the understanding that staff would be looking at the access issue.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur called for a five minute break.

Mayor McArthur reconvened the meeting.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to R-1-10 on 4.61 acres located at 2110 East and 2650 South. Warren Hannig, applicant.

Community Development Director Bob Nicholson explained that this request had been tabled from the last meeting to give the applicant time to look at what the RE-12.5 zoning would require. He explained that there was a question as to whether the property should be zoned R-1-10 or RE-12.5. He stated that either one would meet the general plan since it says up to 4 units per acre. He said that the frontage requirement is a minimum of 80 ft. for both zones.

A representative for the applicant stated that the average lot size is over the 12,500 sq. ft. requirement and there is 88 ft. of frontage on average. He said that they would like to have the property zoned R-1-10 because it maximizes the area that they would be able to use.

Council Member Gardner stated that with an equestrian trail on the north side of the property it would make sense to have it zoned RE-12.5 in order for the property to be consistent with the surrounding areas.

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 a zone change on 4.61 acres located at 2110 East and 2650 South to RE-12.5.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CLARIFICATION:
Public hearing to consider a zoning clarification for the JEL Ranch and area to the north along U-18.

Council Member Gardner stated that when this was brought to the Council five years ago he declared a conflict of interest. He said that he no longer owns any of this property so he requested that he be allowed to participate in the discussion and vote.

Mayor McArthur gave his approval for Council Member Gardner to do so.

Community Development Director Bob Nicholson explained that the purpose of the public hearing was to clarify the zoning that was mistakenly overlooked when the City adopted the annexation ordinance in July, 2001. He said that the JEL Subdivision is a recorded subdivision plat, the Gold Diamond Subdivision consists of two lots and the balance of the property is not part of the subdivision. He said that when the property was in the County it was zoned RA-5 which required a minimum lot size of five acres. Mr. Nicholson said that when the City had the public hearings in 2000 staff felt the intent was to zone the subject area A-1.

Council Member Orton asked for clarification about how many animals can be kept on the different zones.

Mr. Nicholson said that 12 large animals can be kept per acre in the A-1 zone but the ordinance doesn?t list a number for the A-5. He said that it could potentially be unlimited.

Council Member Orton asked if there are any A-5 zones in the City.

Mr. Nicholson said that there were not. He stated that there are A-1 zones and there are A-20 zones.

Council Member Orton asked how many animals were allowed when the property was zoned by the County as RA-5.

Mr. Nicholson said that he did not know how many animals were allowed.

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May 18, 2006
Page Thirteen

Council Member Gardner stated that at the time of annexation the uses of the property would be grandfathered until there was a change in use.

Council Member Orton asked if the City would have to have an ordinance to determine how many animals would be allowed in an A-5 zone.

City Attorney Shawn Guzman said that in order to enforce a limit that would be the case.

There was discussion among the staff about the current zoning and how the land is being used and how a zone change would impact future use.

Council Member Gardner stated that for the past five years the area has been shown as being zoned A-1 on the City map.

Community Development Director Bob Nicholson stated that it has been mistakenly shown as A-1 on the City map.

Council Member Gardner said that was what led to the confusion on the part of the property owners. He said that?s why it is being clarified at the City Council meeting.

Mayor McArthur opened the public hearing.

Mr. Gary Allred stated that he was representing a majority of the JEL landowners. He stated that of the 16 landowners who attended a meeting, twelve of them voted for A-5 zoning and four voted for A-1 zoning.

Ms. Konra Minniear stated that they have five acres in the JEL subdivision. She stated that when they first purchased the property they were very happy with it. She said that there was BLM property to the west and State School property to the south. She said that land has now been purchased and developed and they don?t want to be there any longer. She said that zoning it A-1 would make it more attractive to buyers than having it zoned A-5. She stated that it would be a financial hardship for some of the people to have it zoned A-5.

Mr. Marvin Jones stated that he is a property owner in the JEL subdivision. He said that it was his understanding that the property was zoned A-1 based on what they were told by the City. He asked if there was a possibility of zoning part of the property A-1 and part of the property A-5.

Council Member Allen asked where the division would be.

Mr. Jones said that he didn?t know if in a subdivision all of the property owners had to agree on the same zoning. He said that the owners in the subdivision above JEL want to go to A-5 zoning. He said that the owners that want to go to a A-1 zoning are the Minniear?s, the Gardner?s, Ms. Durham and him.

Council Member Orton asked how many lots are in the subdivision.

Mr. Jones stated that there are eight except that the Gubler lot was amended and split into two 2.5 acre lots. He said that those lots do not fit the A-5 zoning.

City Manager Gary Esplin stated that if they wanted to try to split zone it may create complications because there is already a plat filed. He explained that if it were split zoned into A-1 and A-5 they wouldn?t be able to get a subdivision in without changing the plat. He said that the whole plat would have to be redone when one of the owners of a five acre lot wanted to subdivide into one acre lots. He stated it would be very complicated.

Mr. Shawn Berry stated that he lived in JEL and that the subdivision has already been recorded and that it would create problems to try and change it. He said that he thought it would be better to adopt it as it was in the County as five acre lots.

Mr. Bill Minniear stated that the impression they had was that it was zoned A-1. He said that because of that they didn?t want to stay there so they purchased a place in Beryl thinking they could sell the JEL property as A-1. He said that if it is zoned A-5 it leaves them in the middle of the creek.

Mr. Jay McAllister said that his property was never part of the JEL subdivision and he doesn?t know what the zone is for his property.

Council Member Gardner said that the property Mr. McAllister referred to was subdivided in the County and was zoned AG-5 and platted.

Mr. Jay McAllister said that he wants to maintain the lifestyle he has by having the five acre lots.

Mr. Ryon Gardner stated that he had a lot in the JEL subdivision. He said that if the zone was changed to A-1 people would still be able to have horses and it would be compatible with what the other owners want.


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May 18, 2006
Page Fourteen

Mr. Zig McAllister stated that it?s a lifestyle situation for him. He said that he is concerned about how the A-1 zoning would increase the number of people living in the area. He said that he wants to continue to use the land for cattle. He said he would like to see the property zoned A-5.

There was discussion among the staff about what would be required if the area was zoned A-1 and a request was made to split one of the five acre lots into five one acre lots.

Mr. Lance Allred stated that if the Council considered having the JEL Ranch subdivision property zoned A-1 that they consider the eight lots above it separately as A-5.

City Manager Gary Esplin said that he believed the best alternative would be to zone the property A-5. He said that if any of the property owners wanted to file a subdivision plat and get the signatures from their neighbors the Council could consider an A-1 zone change at that time.

Mayor McArthur closed the public hearing.

Council Member Gardner said that he wanted to let the property owners know that the City is trying to maintain an equestrian easement that will be established so there will be access to adjoining park land. Council Member Gardner also said that he would not participate in the vote on this issue because of the potential concern on the part of the property owners that he might have a conflict of interest.

MOTION: A motion was made by Council Member Whatcott to clarify that the property is zoned A-5.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The motion carried.

PUBLIC HEARING/ REQUEST FOR FUNDING:
Public hearing to consider requests for funding of various projects under the Community Development Block Grant Program.

Community Development Director Bob Nicholson explained that the City gets federal funds every year from the Department of Housing and Urban Development under the federal Community Development Block Grant Program. He said that one of the requirements is to have a public hearing and open the funding process to outside, eligible entities. He stated that about a month ago a ?How to Apply? workshop was held and that the applications were due May 5, 2006. He said that Anna Shingleton with the Five County Associate of Governments is helping staff steer through the various federal requirements. Mr. Nicholson stated that there were five applications received but one of the applications, Jo?s House, did not meet the eligibility requirements. The other applications received were from: (1) the St. George Housing Authority for $200,000 to help purchase an existing duplex, (2) the Dove Center for $250,000 to help fund a 1,920 sq. ft. addition to existing facility, (3) the Volunteer Center of Washington County for $25,000 to $35,000 to purchase a van; and (4) Dixie Care & Share for $5,000 for architectural services to expand the current site. He said that no decisions are expected to be made at the public hearing but that they would come back to the Council for their decision on funding. He said that the City can also come forward with projects. He said the three eligible uses are: (1) the project must benefit low/moderate income people defined as up to 80% income of the area median income or (2) to remove slum and blight with very rigid standards of what that means, or (3) to remove an immediate threat to public safety such as a dam breaking. He stated that most of the funds have to go to benefit low/moderate income people. Mr. Nicholson said that some of the things the City could do to comply with that requirement would be street improvements, water systems, fire hydrants, and sidewalks in certain areas.

Council Member Gardner said that he would like to have the City look for the opportunity to buy homes in the downtown area that could be remodeled and put back into the private sector. He asked if funds could be used for that type of project.

Mr. Nicholson stated that the funds could be used for that as long as the beneficiary were a low/moderate income person.

Council Member Gardner stated that he would like to have the City look for homes that might meet that criteria.

Mr. Nicholson stated that he was at a conference in San Antonio where he went out on a field trip to an affordable housing subdivision that had been developed through the City?s housing authority. He stated that they used CDBG funds to do the infrastructure. The requirement was that at least 51% of the homeowners in the subdivision had to be low/moderate income.
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May 18, 2006
Page Fifteen

Mayor McArthur opened the public hearing.

Mr. Ralph Flanagan stated that he is the Executive Director of Dixie Care & Share. He said that he had been at the Dixie Care & Share for the past 6? years. He gave the Council a proposal that he said was a multi-year proposal. He said that two years ago he came to the Council and asked for money to do a site study. The report was turned back into the City in October of 2005 with findings that the current location at 131 North 300 West be better utilized. He said that they are now at phase 2 and that request is for funding in the amount of $5,000 to acquire local architectural services to design layout of the current facility.

Ms. Linda Whitlock stated that she is the Executive Director of the Dove Center. She said that they are asking the Council for $250,000 to expand the facility. She said that last year they had an increase of 72% in services provided by the Dove Center. Ms. Whitlock said that they need more space for group meetings and educational training. She said that last year the Dove Center provided over 13,000 nights of safe shelter and services to over 1,400 victims and 2/3rds of those were children. She stated that if they can increase the facility by the requested 1,920 sq. footage they will be able to provide services to an additional 125 individuals. She said they could increase their services by 50% to groups by having an extra room.

Council Member Bunker asked if there was adequate property to expand at the current location.

Ms. Whitlock stated that there was adequate property within the confines of the fence and that they are currently working on the plans.

City Attorney Shawn Guzman stated that it appears that the footprint of the existing building is bigger than the property the County owns. He asked who owns the property outside of the piece the County owns.

Ms. Whitlock said that she didn?t know. She said that it?s been there thirteen years and the architect said that as long as they built within the confines of the fence they would be alright.

City Attorney Guzman said that it was necessary to determine who owns the property because it could be State of Utah property that they would be expanding on. He stated that it needed to be resolved before they expanded.

The architect stated that he pulled the plat and it appears to be part of the County property. He said the plat is on file in the City?s Building Department and that they are researching the issue.
Ms. Linda Sappington stated that she is the Director of the Five County Senior Core and explained that one of their programs is the Senior Companion program. She stated that it has 28 volunteers who serve between 150 and 200 elderly and disabled individuals in the community. She said that on a daily basis they get calls from people who only need a ride to the grocery store and someone to stay with them while they shop. She said that the request for funds from between $25,000 to $35,000 is because they have to follow the rules of procurement at the Five County AOG and are required to get bids. She said that auto dealers in the area have told them the cost of purchasing an eight passenger van would be between those amounts.

Council Member Bunker asked if the program had any other vehicles.

Ms. Sappington said that they do have some through the AOG but they are fleet vehicles and have to be shared with the other 25 or 30 employees at the AOG.

City Manager Gary Esplin stated that the staff will need to review all of the requests because of limitations on funding. He said that only 15% of the total entitlement funds can be used for public services.

Ms. Brenda Butler stated that she is with the St. George Housing Authority. She said that they are asking for $200,000 to purchase a duplex on 700 South right across from the high school baseball field. She said that it?s an older duplex but the whole inside has been remodeled and upgraded. She said that it has quite a bit of property behind so it would make a good parking area for seniors and it?s a good location for bus and shopping. She stated that they had been looking for some property for the Housing Authority for several years but with the price and availability of property it?s been difficult. She explained that they have the Section 8 Voucher Program and 30 units of Senior Public housing where the senior pays 30% of their income and they have a nice apartment. She said they also give deductions for medical costs that the seniors are paying out of pocket. She said that there are a growing number of seniors who are applying for the Section 8 Voucher program and for the public housing. She explained that they opened their waiting list on May 1, 2006 and in the first week they had 47 applications from seniors. She said that they have an application for Olene Walker Housing Trust Fund to help pay for part of it and there is a small savings account with the Housing Authority that will help pay for part of it.

Council Member Bunker asked what the total cost of the duplex was.

Ms. Butler stated that it was $279,900.
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May 18, 2006
Page Sixteen

Mayor McArthur closed the public hearing.

City Manager Gary Esplin stated that staff had reviewed the Housing Authority?s application. He said that since they are not subject to the 15% criteria he recommended the authorization of the use of the money for the purchase of the duplex.

MOTION: A motion was made by Council Member Allen to approve the request from the Housing Authority for $200,000.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SITE PLAN & BUILDING ELEVATION:
City Planner Ray Snyder explained that this is a request for a site plan and building elevation approval for a proposed office building located in the Hidden Valley Planned Development zone at the intersection of 840 East and Brigham Road. Mr. Scott Harmer and Mr. Colin Wright are the representatives. He said that the Planning Commission recommended approval with the following conditions: (1) the building shall be single story and the height shall not exceed a maximum height of 30 ft., (2) applicant shall process a one lot subdivision, (3) building colors and materials shall be per submittal to Planning Commission meeting of May 9, 2006 and City Council meeting of May 18, 2006, (4) lighting at property line shall not exceed approximately 1,0 FC, and (5) site plan review application shall be processed through the Development Services Department, as well as the following Traffic Engineering Conditions: (1) applicant shall comply with driveway and circulation issues to the satisfaction of the City Traffic Engineer, (2) applicant shall submit a T.I.S. for the entire commercial area, (3) a 100 ft. long right turn will be required on 840 East at the corner of 840 East & Brigham Road, (4) dedicate right turn lane as part of subdivision plat, (5) all two way drive aisles are to be 25 ft. minimum, (6) show sight distance triangles at corner and at accesses with no walls in sight distance triangle area, (7) provide ADA ramps at corner and on both sides of access, (8) provide ADA access from sidewalk to building and, (9) show driveway slopes.

MOTION: A motion was made by Council Member Gardner to approve the request for a site plan & building elevation with the conditions made by the Planning Commission and the Traffic Engineer.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider a conditional use permit request to construct a four (4) story hotel that would exceed the allowable thirty-five foot (35?) height limit up to a maximum roof ridge height of fifty feet-six inches (50?-6?) located within a C-3 (General Commercial) zone at 2720 East Red Cliffs Drive. Mr. And Mrs. Dipak Patel, applicants.

City Planner Ray Snyder explained that the applicant proposes to construct a four story 61 room hotel just south of the corner of 2720 East and Red Cliffs Drive. He stated that lots 2 and 3 were combined by a merger to become lot 3 and that is where the hotel site is. He stated that a restaurant is proposed on lot 4. Mr. Snyder said that the Planning Commission recommended approval with the following conditions: (1) building height shall not exceed a maximum of 50?-6? with the average height of 49?-0?, (2) location of the driveway shall be to the satisfaction of the City Traffic Engineer, (3) provide a shared driveway agreement with lot 2 to the north, (4) provide a reciprocal access agreement between lots 2 and 3, (5) provide a reciprocal access agreement between lot 3 and 4, (6) applicant shall submit a SPR application for a plan check, (7) a formal landscape plan shall be included in the SPR, (8) street trees shall be installed to meet the city tree ordinance, (9) a photometric (lighting plan) shall be included in the SPR, (10) provide the minimum parking spaces per ordinance, and (11) parking is approved for backing up onto the private driveway behind the hotel. Mr. Snyder stated that Development Services and the City Traffic Engineer are working with the applicant with regard to a traffic study. He said that if the entire site were looked at it would warrant a traffic impact study but if each location is looked at individually then it would not.

Council Member Bunker asked if Mr. Snyder was suggesting that a traffic study not be included in the motion. She said that it looks like that would be a problem in that area.

Assistant City Engineer Sandberg asked if Council Member Bunker was saying that because the hotel has an extra story it would generate more traffic and that could possibly generate a traffic study.

Council Member Bunker said that four stories would generate a lot more traffic than three stories.

Assistant City Engineer Sandberg stated that they have looked at just this proposal for the hotel and it doesn?t warrant a traffic impact study under the current City standards. He explained that it doesn?t cross the threshold of the number of vehicles. He said that if the restaurant were included it would warrant a traffic study. He said that each individual project doesn?t warrant a traffic study but he said that he would like to see a study done at some point. He said that they have talked to the applicants and they have met with traffic engineers who have done work in that area but they don?t have a firm commitment to do a study.
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May 18, 2006
Page Seventeen

There was discussion between the Council and staff members about what warrants a traffic impact study.
A representative for the applicants stated that the request before the Council did not require a traffic study and that the request was for a height variance. He stated that the reason they were requesting the height variance was because the franchise requires a 60 unit minimum so they had to go to a four story building.

Council Member Whatcott stated that the renderings that were presented did not give him a good idea of how the building would fit into the area. He said that the drawing does not give a true representation of what a foot difference would be.

City Manager Gary Esplin said that if they could show the building to scale with the surrounding buildings it would be a better representation of how the finished building would look from all of the different sides.

Community Development Director Bob Nicholson said that they were looking for a digital photo from all four elevations where they could simulate the building in the area.

Council Member Gardner asked if they could bring back a digital presentation to the Council that would help them to see how the building would fit in with the surrounding area.

MOTION: A motion was made by Council Member Orton to table the request for a week or two to give the applicant time to make a digital presentation to the Council.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

LOT SPLIT:
Consider a request for a lot split at 320 South on 100 West Street.

Community Development Director Bob Nicholson stated that this had been tabled at the April 6, 2006 City Council meeting to allow the applicant time to prepare alternative layouts which might be more suitable for the long, narrow parcel which is 66? x 228?. He said that the applicant has provided three alternative layouts for the property, all of which involve creating two lots with a single-family home one each. Alternate #1 is the original proposal with an 18? wide driveway shared by both lots. Alternate #2 is similar to the first alternative but would move the garage farther off the driveway lane. Alternate #3 would provide a 25? wide driveway off 100 West Street rather than an 18? driveway. He said that staff supports alternate #2 or #1.

Council Member Whatcott asked what the distance was from the asphalt to the front door.

Mr. Nicholson said that it appears that it may be a foot or two.

Mr. Brad Oliverson, the applicant, said that the front house faces the road and the back house faces any way based on what is approved. He suggested having the house a little smaller so there could be landscaping between the houses.

There was discussion by the staff and the applicant about the width of the driveway and how the homes could be situated on the lots.

MOTION: A motion was by Council Member Orton to table the request until the next City Council meeting.
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 an office building at 162 North 400 East to exceed height regulations. Dan Gifford, applicant.

City Manager Gary Esplin explained that this had been tabled from a previous City Council meeting to see if the legal department could sort out the parking issue.

Community Development Director Bob Nicholson stated that there is adequate parking. He stated that the number of parking stalls required is 270 and that number is met with the developer?s proposed number of spaces. He said that the issue is how they are provided. He explained that the developer shows 178 on site, 74 north of the building plus 38 that they agreed to add. He stated that comes to 290 but there is a dispute over 10 spaces but the staff subtracted those as well as the eight Mr. Hughes has exclusive use to. He stated that makes the number of parking spaces at 272. He stated that the issue is the height variance and the applicant proposes to screen the HVAC on top of the building.

Council Member Gardner said that it appears that they do meet the parking ordinance and that the screening around the HVAC is an improvement.

MOTION: A motion was made by Council Member Gardner to grant the height variance.
SECOND: The motion was seconded by Council Member Allen.

St. George City Council Minutes
May 18, 2006
Page Eighteen

Mr. Ron Reed, a representative for Mr. Michael Hughes, stated that counting of the stalls meets the ordinance. He said that the ordinance requires that if the property is improved there must be off-street property. He stated that the City has always considered that to be on the parcel that is being developed. He said that the provision in the ordinance is a shared parking agreement. He stated that building C is a pad and that none of the parking is on the parcel that the building is on. He said that there is not one parking stall that is on the piece of property where building C is on. He said that the City has not approved a shared parking agreement in this development even though the owners have a private shared parking agreement.

City Attorney Shawn Guzman stated that if you count all of the stalls that are subject to the shared parking agreement, the City believes there are enough stalls.

There was discussion among the staff regarding the number of parking stalls that could be counted toward the overall number.

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

City Attorney Shawn Guzman stated that he would like the record to reflect that the property owners have been put on notice that if they want to construct on the pad where the additional parking stalls are constructed they will have to construct additional parking.

Mayor McArthur called for a five minute break.

Mayor McArthur reconvened the meeting.

REQUEST TO BUILD A SINGLE FAMILY HOME USING A SEPTIC TANK:
Consider approval of a request to build a single family home using a septic tank system in an A-1 zone on the southeastern corner of 3430 East and 2000 South. Chad Drake, applicant.

Community Director Bob Nicholson explained that the zoning in the area is A-1 and the applicant wants to build a home on a five acre lot which is located on the SE corner of 2000 South and 3430 East which is the frontage road. He said that since 2000 South is currently just a proposed future road, a road dedication for half the required right of way should be a condition of approval. Mr. Nicholson said that utility easement should also be provided as part of the building permit. Staff recommended approval with all necessary road dedications, an agreement to hook up to the sewer when it comes within a certain distance, and a utility easement.

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

Mr. Chad Drake, the applicant, stated that he had read about the oleander issue within the community and wanted to know the Council?s stand on that.

Mayor McArthur stated that the staff is investigating whether an ordinance is a viable option.

Council Member Allen asked if there were already oleanders growing in an agricultural area would they need to be removed.

City Manager Gary Esplin stated that he didn?t think you could make people take out the bushes that had been planted before an ordinance was passed. He stated that staff is in the process of drafting an ordinance that will be presented to the Council within the next few meetings.

MODIFICATIONS TO THE DOWN PAYMENT ASSISTANCE PROGRAM:
Consider approval of modifications to the Down Payment Assistance Program to increase the loan amount to $10,000 and to allow for the purchase of townhomes and condominiums.

City Manager Gary Esplin explained that the staff has recommended modifications to the Down Payment Assistance Program to increase the loan amount to $10,000 and to allow for the purchase of townhomes and condominiums. He stated that the current loan amount is $5,000 and can only be used for single-family detached homes.

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

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

MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Allen.
St. George City Council Minutes
May 18, 2006
Page Nineteen

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 May 4, 2006.

MOTION: A motion was made by Council Member Whatcott 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.

ADJOURNMENT:

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






Judith Mayfield, Deputy City Recorder Date