City Council Minutes

Thursday, June 1,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 1, 2006, 3:00 P.M.
CITY COUNCIL CHAMBERS


SITE VISIT:
Site visit to 2720 E. Red Cliffs Drive, St. George, Utah to view the site of a proposed four story hotel with a height up to 50'6".

Present at the site were Councilmember Suzanne Allen, Council Member Bob Whatcott, Council Member Rod Orton, Council Member Larry Gardner, City Recorder Gay Cragun.

The applicants demonstrated the height of the proposed building by placement of balloons strung between two cranes.

The meeting then reconvened at the St. George City Council Chambers.

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Mayor McArthur, and the invocation was offered by Council Member Whatcott.

Mayor McArthur announced that Item 5D, a resolution abandoning a utility easement on the north border of Lot 40 of the Stone Cliff Phase 2 Subdivision, was tabled from the agenda.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a four story hotel with a height up to 50' 6" at 2720 East Red Cliffs Drive. Dipak Patel/Jeff Kline, applicant.

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

Council Member Whatcott commented that applicants must now be prepared and have all the information needed when they come to the City Council for approval of a project as the City Council is now looking at issues that they have not had to in the past to determine if a project will fit in the area proposed.

AWARD OF BID:
Consider award of bid for material for repair of water lines in the Diagonal area.

Purchasing Manager Connie Hood advised that City crews will be making the repairs. The bid amount is $23,455 and is under the estimate.

MOTION: A motion was made by Council Member Allen to award the bid in the amount of $23,455.
SECOND: The motion was seconded by Council Member Orton.

Water Services Director Barry Barnum explained that the water line is old and will be redone when the area is being reconstructed in 2008. This material will be put into stock and used for other projects, and in 2008 more material will be requested for the Diagonal project.

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

CHANGE ORDER:
Consider approval of a change order to the contract with Sunrise Engineering for additional road design and staking for the 3000 East sewer project.

Purchasing Manager Connie Hood explained that in order to reconstruct 3000 East to its preconstruction condition, it is necessary to engineer this portion of the project. The amount of the change order is $13,145.

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


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Water Services Director Barry Barnum explained that the sewer line is in and backfilled, and the water line is now being installed. As soon as the water line installation is completed the road will be restored, and this should be done within a few more weeks.

AWARD OF BID:
Consider award of bid for a 69 kV SF Puffer circuit breaker for the Ledges Substation.

Purchasing Manager Connie Hood explained there were two bidders, and after review of the bids, she recommended award of the bid to the bidder with the shortest lead time as well as the lowest bid, in the amount of $33,800.

MOTION: A motion was made by Council Member Orton to award the bid in the amount of $33,800.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution creating an Economic Development Zone for the Viracon Corporation parcel.

City Manager Gary Esplin explained that the State requested that only the Viracon parcel of property be included within the economic development zone as part of their incentive package to locate in St. George.

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the execution of an Assignment and Assumption agreement with UAMPS for sale of the mobile generator.

City Manager Gary Esplin explained that approval of the agreement will allow Lehi and Parowan to take over the City?s shares in the mobile generator.

Energy Services Director Phil Solomon explained that the City participated in the project with UAMPS to purchase the mobile generator and has a 26% share in it. The City would now like to get out of the agreement as the generator is expensive to run and maintain.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an Assignment and Assumption Agreement with UAMPS to sell mobile generator entitlement shares.

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

RESOLUTION:
Consider approval of a resolution adjusting the fee for reuse center products to reflect the current market.

City Manager Gary Esplin explained it is proposed to raise the fees for road base to $7.50 a ton and compost to $20 a ton. Wood chips will no longer be sold.



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Mayor McArthur commented that staff should make sure that the City does not sell its compost for less than the Solid Waste District is selling it for, and the other items should be sold for market value.

MOTION: A motion was made by Council Member Orton to approve the resolution, adjusting the fees to meet the current market value, and with the price of compost at the same price as that of the Solid Waste District.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION/EASEMENT ABANDONMENT:
Consider approval of a resolution abandoning a utility easement on the north border of Lot 40 of the Stone Cliff Phase 2 Subdivision. Mr. Jensen, applicant.

This item was tabled.

BEER LICENSE/LOCAL CONSENT:
Consider approval of a beer license and local consent for a limited restaurant liquor license for The Thai Place at 2 West St. George Blvd. Benja Peterson, applicant.

City Manager Gary Esplin explained that the application was in order and no criminal history was found. Staff recommends approval.

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

Benja Peterson, applicant, explained that the restaurant is located in Ancestor Square beneath the Painted Pony.

LOT SPLIT:
Consider approval of a lot split at 320 South 100 West. Brad Oliverson, applicant.

Planner Ray Snyder explained that the applicant has turned the back residence so that it faces the street, changed the driveways, and added more landscaping.

MOTION: A motion was made by Council Member Orton to approve the lot split.
SECOND: The motion was seconded by Council Member Allen.

City Manager Gary Esplin advised that a cross easement would be required.

Mr. Snyder explained that the Planning Commission recommended approval subject to the following conditions:

1. Process a cross easement agreement to be reviewed and approved by the City Attorney?s Office.
2. Maintain an 18' wide minimum asphalt paved driveway to serve both lots.
3. Submit a Record of Survey to the City Surveyor.
4. Provide separate deeds for each created parcel.
5. In addition to the legal descriptions on the R.O.S., provide the city a separate 8.5 x 11 legal description for each parcel.
6. A 10' utility and drainage easement is to be located along the frontage of 100 West Street and a 7.5' utility and drainage easement shall follow the sides and rear of each lot created.
7. A utilities and drainage easement shall be completed, notarized and recorded.
8. The applicant shall submit for review all legal documents to the City Attorney?s Office.

Council Member Bunker commented that whatever the Council decides will have long-reaching effects as to similar properties. There are many long narrow lots in the downtown area, and she expressed concern that it might become a rental and blight situation in ten years. She said that she struggled with having a house in front of a house.

Council Member Orton commented that he was excited to see the project completed and how it will fit in the neighborhood. If it does not look good, the Council has the opportunity to not approve similar requests.

Mayor McArthur commented that the City Council has been looking for a project like this, but on a larger piece of property. The applicant has been cordial in working with the City, and this plan is the best one presented so far.

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City Attorney Shawn Guzman commented that this request is a unique situation in that staff had a different interpretation of some of the ordinances, so the project progressed further than the City would like to see. He suggested that a finding be made that this request is a unique situation and will not set a precedent and will not allow someone?s lot to be counted toward the flag portion of the lot. He also suggested that any approval be made subject to review by the City Attorney?s office and that the building permit not be issued until the easement is recorded.

AMENDED MOTION: A motion was made by Council Member Orton to approve the lot split, finding that this is a unique situation and will not set a precedent, and subject to review by the City Attorney?s Office and recordation of an easement.
SECOND: The amended motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

City Manager Gary Esplin advised that staff has concerns about the effect of this event on parking and other businesses in the area.

Chad Hardy, applicant, stated that he has been working with Ancestor Square to put on the event. They will be held weekly on Thursday nights and will have arts and crafts and food vendors, live acoustic music with no drums, and will be set inside the square and outside on the grassy areas. Loris Johnson has given his stamp of approval with regard to security. A company from Cedar City will provide the security. Hours of operation will be from 6:00 p.m. to 9:00 p.m., with 25-30 vendors, and 100-200 people in attendance. An issue of concern is the parking. A lot of people visiting Ancestor Square park on Main Street or 100 West, and temporary signs will be placed at the parking lot entrance to direct people to additional parking at the Main Street Plaza. A contract with Ancestor Square has been signed.

Council Member Orton commented that Bill Randall indicates it was his understanding that there would be absolutely no food vendors.

Jeff Reber, Manager of Ancestor Square, commented that he has been working with Mr. Hardy to be sure the food vendors will not compete with the restaurants in Ancestor Square without their permission. The focus will be away from the food vendors other than those restaurants at Ancestor Square, but food vendors will be allowed.

Council Member Orton commented it was his understanding that a contract had not been signed and a trial of the event would first be held.

Mr. Reber replied that a contract has been signed, but it can be canceled at any time if there are problems. He commented that the focus will be to promote businesses at Ancestor Square, and if the events do not accomplish this, there will be no reason to hold the events. The applicant received approval from the Board to hold the event, and Bill Randall is a member of the Board. Mr. Reber encouraged approval of the special event permit to promote the businesses in Ancestor Square and the downtown. If issues come up, they will be addressed and if they cannot be resolved, the activity will cease.

Mayor McArthur commented it would be good to have a trial period through December to see if the events are successful.

City Manager Gary Esplin recommended that a time limit for the special event permit be established, perhaps through December, and if there are problems, the permit could be revoked at any time during that period.

Council Member Whatcott expressed concern about a shortage of parking.

Mr. Reber commented that he was aware how difficult the parking situation is, but the businesses need foot traffic. He stated that none of the booths would take up parking stalls, and parking at the Main Street Plaza will be encouraged. There is also street parking. Mr. Hardy has agreed that event participants will not park in the Square, but on the street or in the Plaza. Thursday night is a relatively easy night, and generally parking is not a problem on Thursday nights from 6:00 to 9:00 p.m. He stated he would monitor the situation closely.

Lori Kozinski, representing the St. George Area Chamber of Commerce, commented that the City is trying to create a walkable community, and the Chamber?s parking lot is not full on Thursday nights and could provide additional parking for the events. She stated that Ancestor Square has been looking for this type of event for years, and she encouraged approval.

Council Member Allen commented that while this was difficult and uncomfortable to bring up, the last event Mr. Hardy staged in the downtown area did not work out and he has since taken formal action against the City Council. She stated she had a problem

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approving the special event permit when this action is pending, and it made her leery of doing business again with Mr. Hardy.

Mr. Reber replied that Ancestor Square is not a party to this action and is indemnified from any legal action Mr. Hardy may have pursued in the past. He stated the action has nothing to do with Ancestor Square.

City Attorney Shawn Guzman commented that there was not an action pending; Mr. Hardy filed a notice of claim against the City, but he did not think it had merit.

Mr. Reber commented that Mr. Hardy does not have a contract with the City, only a special event permit.

Mr. Guzman advised that the City always has the ability under the health, safety and welfare of its citizens to revoke or rescind any permit it has granted. In this case the City Council is making it very clear to Mr. Hardy that if anything determined by the City to be detrimental to the City occurs, including parking complaints, the City can revoke the permit at any time.

Mr. Hardy replied that he understood this and that it was fair. He stated he hoped he would be afforded due process with regard to the events at Ancestor Square and given the opportunity to act.

Mr. Guzman replied that last time the City had discussions with Mr. Hardy as well, and will do the same thing. Concerns will be discussed, and if they are not addressed, the City Council is free to take action on the permit. The City will talk to Mr. Hardy about any problems it sees. Mr. Guzman commented that Mr. Hardy?s notice of claim against the City is a separate issue and this special event permit and will stand or fail on its own merits.

Council Member Bunker commented that because of unknowns with regard to parking, she suggested the permit be granted until the 15th of September, which would include the Labor Day weekend, at which time Mr. Hardy would have to return to the City Council for another permit.

MOTION: A motion was made by Council Member Bunker to approve the special event permit until the third Thursday in September.

Business License Officer Laura Woolsey advised that the applicant?s business license expires December 31, and another would be required at that time.

City Attorney Shawn Guzman suggested that approval be conditioned upon monitoring the event and putting the applicant on notice that the City has the right to revoke the special event permit at any time between now and then if there are any problems.

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

APPROVE RETAINING WALL:
Consider approval of a 6' retaining wall along the Whisper Ridge Subdivision located along South Indian Hills Drive. Cary Blake, applicant.

City Manager Gary Esplin commented that staff has reviewed the plan for the wall and feels it meets what is anticipated.

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

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 23, 2006, recommended that a public hearing be scheduled for July 7, 2006 at 5:00 p.m. to consider a zone change from A-1 to R-1-12 on 8.95 acres with a voluntary development agreement to comply with the General Plan Land Use Map designation of two dwelling units per acre located at 3000 East and 1800 South. Jared Lund is the applicant.

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

FINAL PLATS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 23, 2006, recommended approval of the final plats for The Ledges of St. George Phase 1, Canterbury Court, and West Bend Subdivision. A minor note is needed on The Ledges plat which will be done before the plat is signed.

Council Member Gardner declared a conflict of interest.

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

HILLSIDE DEVELOPMENT PERMIT:
Planner Ray Snyder explained that the Planning Commission recommended approval of a hillside development permit for Santa Maria Phase 4 at Sunbrook subject to the conditions of the Hillside Review Board and staff:

1. Adhere to the geotechnical report.
2. Provide more detail on the roadway construction.
3. The City is to review the roadway information and approve it.
4. The recommendations in the report are to be strictly adhered to and
a competent geotechnical engineer is to follow through to make sure
it is complied with.
5. Finalize the Plantations Drive roadway design with staff.
6. The proposed roadway right-of-way is to be a minimum of ten feet from
the existing adjacent Santa Maria phase with the installation of a
privacy wall.
7. All walls, setbacks and height are subject to City standards and ordinances.

MOTION: A motion was made by Council Member Gardner to approve the hillside development permit subject to the recommendations of the Hillside Review Board and staff.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Whatcott commented that the City Council deals with so many plats, he has forgotten what phases one through three are. Additionally, seeing the single phase on one sheet of paper makes it hard to create the entire picture. He asked for more information to be provided for each request for a preliminary plat or hillside permit.

Council Member Allen commented it would also be helpful to show by color what has already been developed.

LOT SPLIT:
Planner Ray Snyder explained that the Planning Commission recommended approval of a lot split to divide one parcel into two lots located at 943 South Morningside Drive, subject to the following conditions:

1. Provide separate deeds for each parcel.
2. In addition to the legal descriptions that appear on the Record of Survey,
provide the City with a separate 8.5 x 11 legal description for each parcel.
3. A utilities and drainage easement shall be completed, notarized and
recorded.
4. The applicant shall submit for review all legal documents to the City Attorney?s Office.
5. Submit building permit to remodel garage opening.

Mr. Snyder commented that while the trees are on private property, staff would like to see if the trees can be saved.

Lawrence Featherstone, applicant, advised that the trees would have to be removed in order to pour the driveway.

MOTION: A motion was made by Council Member Allen to approve the lot split subject to the conditions recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Blackberry Court located east of Baneberry Drive and Lupin way, south of Bloomington Gardens. Greg Mathis, representative.

Jay Sandberg explained that the Planning Commission recommends approval subject to working out the roundabout. The subdivision will connect Baneberry and Mulberry Drives. There has been neighborhood concern about increased traffic resulting from tying the roads together and access due to an abrupt curve. The solution is to put in a roundabout which will also act as a traffic calming measure. Staff recommends that the roundabout design meet City design standards.

Mayor McArthur advised that he received a petition from the neighborhood in opposition to connecting the two streets, and expressing concern about speeding and traffic.

Mr. Sandberg replied that short of leaving two dead-end roads, the roundabout is a good solution.


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An unidentified man encouraged approval of the plat.

Mayor McArthur opened the public hearing.

Kathy Wilson expressed concern about speeding and traffic and how the sewer lines will work. She stated she occasionally has to call the City to flush the sewer lines, and she did not know what another six large homes would do to the system.

Mayor McArthur replied that an increase to the system would help it move along.

Ms. Wilson inquired about setbacks.

City Manager Gary Esplin replied the applicant would have to build according to the Zoning Ordinance, with 10' setbacks.

Ms. Wilson inquired about the size of the lots.

Mayor McArthur replied that the lots will have to be a minimum of 10,000 sq. ft.

Ms. Wilson stated she would prefer to see smaller homes as larger homes would overpower hers.

Mayor McArthur replied that the applicant would have to meet City ordinances; the same ordinances under which Ms. Wilson built her home.

Susan Borden inquired how many lots would be allowed, as that could change the flow of traffic.

City Manager Gary Esplin replied that whatever zoning allows is the number of lots that would be allowed.

Jay Sandberg commented that he recalled there were three or four lots.

Tom Rathbone inquired if the wall that crosses Mulberry Drive would be torn down.

Mr. Sandberg replied that the wall will be moved to make room for the roadway. The question is the setback area and if the wall will need to be lowered.

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

Council Member Orton commented that it was obvious that someday the roads would be developed. He commented that the property in question is private and the owner has a right to develop it.

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/AMENDED PRELIMINARY PLAT:
Public hearing to consider approval of an amended preliminary plat for The Ledges Phase 3 located on the east side of Highway U-18 at approximately 5000 North. Kurt Allen, representative.

Council Member Gardner declared a conflict of interest.

Jay Sandberg explained that some fairly minor changes have been made to the original plat: the 100' buffer between the project and Winchester Hills was mistakenly shown as 90' on the original plat, the original PD shows the connection onto Ledges Parkway as golf course, and the site distance area shown on Lots 341 and 342 should be designated as common area rather than part of the lots. The Planning Commission recommended approval with the site distance area shown on Lots 341 and 342 to be designated as common area rather than part of the individual lots.

Council Member Bunker commented that some of the lots appear to have triple frontage, and asked how those were being addressed.

Mr. Sandberg replied that staff likes to promote T-intersections wherever possible in residential areas instead of four-way stops and culdesacs, and the end result is a three-sided lot. In this case the lots will have nicely landscaped walls so that they have the appearance of two-sided lots. Driveway locations will be restricted as far from the intersections as possible.

Randy Deschamps commented that the curved street has a designated park, and there has been no intention to put lot frontages on the face on the curve, and all lots will back onto collector roads.

Mayor McArthur opened the public hearing.

Marjorie Shilecko advised that she moved to Winchester Hills to avoid city life, and the Ledges subdivision is less than 300' from her property. She expressed concern over

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flying dirt, what the height of the new homes would be, if landscaping would be required, how far apart the new homes would be, and if walls would be built.

Mayor McArthur replied that two and a half story homes are permitted, up to a height of 25', set backs are based on the size of the properties, and all City ordinances have to be met.

Ms. Shileko inquired if homes would be built on adjacent mountains.

Mayor McArthur replied that the mountains were private property and could be developed.

Council Member Orton suggested that Ms. Shileko look at the master plan for the area.

Ms. Shileko inquired if water trucks were being used to keep the dust down.

Mayor McArthur replied that they are currently being used, and the Ledges subdivision will have more improvements than Winchester Hills.

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

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

Jay Sandberg commented that there is a 100' buffer strip between the Ledges and
Winchester Hills to try and buffer the existing homes and view. This buffer strip will be left undisturbed.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for The Ledges Phase 7 located on the east side of U-18 at 5000 North. Kurt Allen, representative.

Jay Sandberg explained that there are 41 lots in Phase 7 for single family homes on building pads. The pads vary in size from 4,200 sq. ft. to 8,400 sq. ft. The front yard setbacks are 25', with a 10' separation required between the units. The rear yard setback is 10'. The streets will be public. The developers have committed to update the PD concept plan/master plan, but no attempt has been made so far. Phase 7 follows the existing plan with the exception of one additional lot. The Planning Commission recommends approval subject to submitting an amendment to the PD conceptual/master plan within a reasonable time frame.

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 subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye except for Council Member Gardner who abstained from voting. The motion carried.

Council Member Allen inquired of the applicant if water trucks were being used.

Randy Deschamps, applicant, advised that one water truck was running all the time, and he has been keeping close track of dust issues. He explained that he is trying to find a material to put on the lots to seal them against weeds, while keeping the dust down and saving water.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Fredonia Estates located at the southwest corner of Little Valley Road and 3000 South. Greg Adamson, applicant.

Jay Sandberg explained there are 22 lots in the subdivision in the vicinity of the new baseball complex and schools. Zoning is RE-20. The lots vary in size from 20,000 sq. ft. to 23,000 sq. ft. There is an existing residence on Little Valley Road and in order to get good sight distance to the existing driveway, the wall had to be pulled back so oncoming traffic could be seen. The intersection with Little Valley Road is awkward because the property owners to the north are not ready to develop. The alignment is being worked out to get stacking to square up with the existing road. Another concern with the road is there is a quite abrupt curve that needs to be flattened out. The plan presented to the Planning Commission showed a 300' radius, and City standards require a 628' radius. This means that the road will have to be shifted and the curve flattened 20' at the worst location and tapered back into the existing right-of-way. Staff asked the developers to meet with the School District to work out alignment of the road. There is a walkway between lots 13 and 14. Staff recommends that City trail standards be followed with a 10' path and 3' shoulders on each side. The Planning Commission recommends approval subject to the recommendations of staff.

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Jim Raines, Bush and Gudgell Engineering, advised that the roadway issue has not been resolved with the School District.

Council Member Whatcott commented that the City owns property next to the parcel, and the School District owns property across the street and to the west. There is another development planned on the east side of Little Valley Road, and this entire area is going through a master plan adjustment. He wondered if it would behoove the applicant to wait until after the general plan adjustment is made as the size of the lots will change.

Mr. Raines replied that not knowing the outcome, the applicant wants to move forward with the request as presented. Mr. Raines explained that the trail between the two lots will access open space, assuming the trail system on Little Valley Road is completed.

City Manager Gary Esplin commented that approval of this plat will impact on the discussion concerning attainable housing and the entire planning process for this area, and could affect what may have to be done next to the new elementary school. He suggested that the plat may be premature, and that the master plan adjustment will be presented within the next month.

Community Development Director Bob Nicholson commented that staff would like to meet with the City Council to talk about the concept, and the City Council committed to the neighbors that they would have another meeting with them. Staff is doing a survey for input and will schedule another meeting with the neighbors to bring the matter to a conclusion in about four to six weeks.

City Manager Gary Esplin commented that while the City does not want to delay the applicant, it would be shortsighted to not consider the entire area.

Mayor McArthur opened the public hearing.

Jay Sandberg commented that he was not certain the roadway was dedicated even though it has been there for a long time and is a right-of-way of some sort. This roadway could be taken out to offset the amount of property which would have to encroach on to the School District property, and this could be a solution if the School District says no.

Mindy Sutner commented that she did not have a problem with the request but with altering the master plan. She moved to the area because it was rural and those who live there now want the area to remain rural. Residents of Meadow Valley have had problems with the flies and smells and other things that go along with a rural neighborhood. She recommended that the east side of Little Valley in the area that goes up to the new airport be left in half-acre animal properties to create a buffer.

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

Council Member Allen commented that Ms. Sutner had a good point, and there has to be a place for those who are already there. She stated she felt the preliminary plat request was premature until the new general plan is presented.

Council Member Gardner commented that there is a focus on a rural lifestyle in this area and there is some discussion about moving away from this lifestyle that is driven from the developer side. However, here is a developer proposing to provide larger lots to accommodate a need, and he hoped the new general plan would allow the opportunity for the rural lifestyle. He stated he would hate to deny the request if it had been in the planning process for a long time.

City Manager Gary Esplin expressed concern about the placement of larger lots across the street from a school due to encroachment from kids and animals. He wondered if a more appropriate buffer should be located across the street from the school and animal lots moved further out as there are really no animal lots now in this area. Most of the animals are on the other side of Little Valley Road and south from the project.

MOTION: A motion was made by Council Member Orton to table the matter for 30 days to see if the master planning process can be started.
SECOND: The motion was seconded by Council Member Allen.

Council Member Gardner inquired if the applicant agreed to the continuance.

Jim Raines replied that he did not have authority from the owner to agree to table the matter, but as a consultant he would try his best to sell him on the idea.

City Manager Gary Esplin commented that it might be better economically for him to wait.

Mr. Raines commented that he was sure the applicant?s preference is to move forward.

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

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

The motion carried.

Mayor McArthur called for a five minute break. The meeting reconvened upon the conclusion of the break.

PUBLIC HEARING/AMENDED PRELIMINARY PLAT:
Public hearing to consider approval of the amended preliminary plat for Meadow Valley Phase 5 located at the northwest corner of Little Valley Road and Valley Springs Drive. Quality Development, applicant.

Jay Sandberg explained that at the Planning Commission meeting there was quite a bit of discussion about a tail water ditch which runs through this subdivision. Lengthy negotiations have taken place between the developer, the City, and the WCWCD to install a pipe in this area. The plat covers the southern part of the subdivision. The developer has split the property into two separate phases and held out lots in order to get all the details worked out for the large irrigation line and storm drain. If the agreement for the irrigation line is not approved, this subdivision will be able to stand on its own. Because so much time has been spent trying to get the layout for this work, it has been changed from the original, approved layout. This layout is much better and ties into Franklin?s Place and the roads tie together nicely, and grading and walls have been reduced and eliminated in most cases. Some of the characteristics are a master planned 66' road, with a 35' setback and circular drives consistent with other lots which front Little Valley Road. The applicant is looking at it as if the canal pipe is not going to be installed, and staff recommends that a fence be installed in this area. The Planning Commission recommended approval subject to the following conditions: (1) install fencing along the canal for safety, (2) connect 2450 East Street, (3) 35' front setbacks for lots fronting the 66' right-of-way, and (4) establish an agreement to address the center road connection with Franklin Place Subdivision. Mr. Sandberg advised that if the pipe agreement is approved, another phase with four additional lots will come in. If it is not approved, the lots will expand a little and will have a slope area into the ditch.

Mayor McArthur noted that three roads cross the trail easement and commented that roads are not good for equestrian trails.

Mr. Sandberg replied that this was discussed by the Planning Commission, and one of the property owners was concerned that there was not enough access to the trail.

Mayor McArthur inquired about the possibility of mitigating them for safety. He inquired about a crossing underneath the roadway.

Mr. Sandberg replied that this would be difficult and is not typically done for residential streets. He commented that both of the streets would be fairly low volume residential streets.

Mayor McArthur opened the public hearing.

Nora Astin, a resident of Meadow Valley Phase I, inquired about the lot size.

Mr. Sandberg replied that the smallest lot is 12,500 sq. ft.

Justin Bracken, Quality Development, advised that the applicant has been in negotiations with the canal company for ten months and an agreement has been reached with regard to cost sharing of the storm drain system.

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

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Santa Maria Phase 4 at Sunbrook located at the west end of Sunbrook Drive at the intersection with Emeraud Drive. Sunhill Homes, applicant.

Jay Sandberg commented that earlier in this meeting a hillside permit for this area was approved. The plat is part of the overall Sunbrook PD and is designated as low density residential. The streets are 50' master planned streets and the Planning Commission recommended approval subject to the hillside conditions being met, the full right-of-way for Plantations Drive be filled because of the nature of the terrain, a right turn lane on Sunbrook Drive, and a temporary turn around by Lots 8 and 9. Mr. Sandberg explained that this area was difficult to master plan as there is quite a drop-off into the wash area. The plan shows development of half of Plantations Drive which goes nowhere right now, but will eventually tie to the west and other roads. The recommendation is that road be filled the full right-of-way with the embankment to be brought up so it is safer and

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wider. There is nothing on the other side of the wash and no motivation for the Plantations and Lakes developments to build the road. The City wants it brought up to grade and filled in and full improvements on one side of the road. This also facilitates a right turn lane on Sunbrook Drive and a temporary turn around in this vicinity.

Mark Fonger stated that the applicant is willing to work with staff to accommodate the suggestions and has agreed to work out the issues.

Council Member Bunker inquired if there were no disturb areas associated with lots 17 through 21.

Mr. Fonger replied that the area was already disturbed as it was an old construction yard.

Mayor McArthur opened the public hearing.

Eric Devito inquired if reclaimed water would be used for outdoor water use.

City Manager Gary Esplin replied that the City would like to use more reclaimed water and plans on doing so in the future, and is in the process of working on an ordinance requiring it. However, at this point in time there is not any in place to do so.

Mr. Devito inquired if the developer was being required to plumb for reclaimed water as there are already lines for this in the Sunbrook area.

Mr. Esplin replied that as new larger tracts come on line, the plan is to use a pressurized irrigation system.

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

Council Member Gardner inquired if the requirement to plumb for a pressurized irrigation system could be incorporated into this request.

City Manager Gary Esplin replied that he did not know how it could be served in this location, and staff has not had this discussion.

MOTION: A motion was made by Council Member Gardner to approve the plat with the admonition to look at the option of using reclaimed water.

City Manager Gary Esplin replied that this could not be done until the pressure zones are identified and pressure resolved.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from Mining and Grazing to PD Residential on 335.54 acres located at approximately 4200 North east of State Highway U-18. Stacy Young, applicant.

Community Development Director Bob Nicholson advised the plan consists of 925 dwelling units, the terrain is diverse and consists of red rock canyons and lava ridges. There is a broad valley through the center of the site. The project is subject to hillside development regulations and the slope map and limits the number of dwelling units based on slope categories. The plan meets the density limitations. Once zoning issues are settled the plan will go to the hillside review board. The general plan shows the area as low density residential, up to four units per acre. The density is based on the net developable acres - 2.9 homes per acre. There are 14 different neighborhoods on the land use plan and a neighborhood commercial center on 1.9 acres with C-1 uses and select C-2 uses. There will be a 4.3 acre public park and townhome units near the highway up to two stories. The project utilizes 232 acres for residential, with 100 acres set aside as open space. Staff questions the proposed use of a drive-through restaurant and if it is appropriate in this location. 465 townhome units will be built on 45 acres. The sanitary sewer system will require a lift station and pressurized line to take it north before it connects to the gravity flow system. There are issues with the power service and capacity. The Planning Commission recommends approval subject to staff comments. The traffic impact study recommends seven conditions, and parks and trails issues need to be resolved. All public streets will require sidewalks on both sides of the street unless the City accepts a trail on one side. The project is subject to hillside review.

Council Member Orton inquired if workforce housing had been addressed within the project.

Stacy Young explained the total trail network is over seven miles, and if it is public or private is open to discussion with the Parks Department and has not yet been decided.
The proposed high density housing is market rate housing but will be relatively affordable housing in the project, but he was not sure it would solve the community?s affordable housing issue.



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City Manager Gary Esplin advised there has been no dialogue with the developer about providing affording housing as part of this project because of master plan issues.

Council Member Orton commented that somewhere the City had to make a stand and begin requiring affordable housing.

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

Council Member Whatcott inquired why the project was developed in sections without infiltrating some low density housing with the medium density housing.

Mr. Young replied that this was considered, but not until it was too late in the planning process. The developer is comfortable with the plan and has tried to cluster by putting the higher density closer to the highway and feather it out while limiting disturbance.
Mr. Young advised that the commercial aspect of the plan is fairly conceptual, and at this point will look like the Coral Canyon market or have more stone.

Council Member Gardner reminded that the issue before the City Council was for the zone change.

Community Development Director Bob Nicholson explained that because the zone change is a PD, design issues and renderings of the buildings are also considered. A PD zone approval is a site plan approval and approval of the building concept, elevations, etc. He commented that more elaboration was needed on the descriptions of the housing styles in the neighborhoods.

Mr. Youngs presented a few renderings of the single family homes.

Council Member Whatcott expressed concern that the City Council is expected to look at a 400 acre project in 30 minutes. He inquired of the City Attorney if the City Council could approve the concept and then have the applicant come back for approval of elevations at a later date.

City Attorney Shawn Guzman replied that the City Council should look at the elevations and layout before granting the PD zone.

Community Development Director Bob Nicholson commented that when the Tonaquint Center PD zone change was approved, the developer was required to come back for approval of almost every building. This has also been done in Hidden Valley with the commercial building. The idea of a PD is the concept and uses and architectural theme. The applicant has provided this to some extent.

City Attorney Shawn Guzman commented that in the past a developer said he was approved for ?x? number of units and would accept no less. If the City Council is concerned about the layout and number of units in the layout, they should use caution if they approve the PD concept as it is right now as the applicant can also make that claim.

Council Member Whatcott commented that he liked the overall concept.

Council Member Gardner commented that if the City Council had to look at all 15 phases and analyze each one, it would take all night. However, through the preliminary plat process the applicant will have a chance to do the engineering. There has to be flexibility, and the applicant should be allowed to do the work and present it to the City Council, rather than the City Council do this on the front end.

Stacy Young advised that there would be more architectural review and style in the preliminary plat, and the total number of units has to go through the hillside review process.

City Manager Gary Esplin advised that approval of the zone change could be made subject to the hillside review recommendations. The applicant cannot do anything in violation of the hillside ordinance. He suggested this project be looked at like the Sunbrook project in which a conceptual master plan was presented and each phase was then brought in to be looked at. If there is not this flexibility, then perhaps the ordinance should be amended. There is no way the applicants can provide the detail for the entire project which is being asked for because they don?t know right now as the project will be done in phases.

Council Member Whatcott commented that the units will vary with the hillside and plat review.

City Attorney Shawn Guzman suggested that only the first phase of the project be zoned PD.

Milo McCowan, applicant, commented that Crystal Lakes took six to ten years to build out, and he would hate to be held to the standard of white homes and red roofs and palm trees as they would not sell now. He stated he would be comfortable bringing the project back to the City Council stage by stage with as much detail as requested. The project is planned to be earth tones which are popular now, and the amount of stone

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might vary from unit to unit, but he would like to have flexibility with each phase based on the current market trend. With regard to hillside issues, they are planning on 116 units someplace within the project and there is nowhere to go but down as far as density.

City Attorney Shawn Guzman commented that if flexibility to look at the overall number of units is built in, this would be OK.

Mr. McCowan replied that he understood, and he also knew that the project overall density is based on a low number and open space and parks and trails. The project has 10-15% more open space than required, and there has to be some compensating factors. He stated he preferred that the City Council not focus on one element but look at the overall master plan. The project has 2.9 units per acre, which is low density.

Jim Raines commented that this project is a lot like the Hidden Valley project in which commercial plans were presented at the last meeting, with full architectural renderings and detail, and in the next meeting the preliminary plat will be presented with the same elements. He stated the Trails project was no different and the applicant has to live with the general plan land use map and concept parameters. It is understood that all development standards have to be met, and the applicants are not going to come back and say that the City Council guaranteed how many units they could have.

City Manager Gary Esplin commended the applicants for their willingness to work with staff. He commented that there are not a lot of these types of areas left to develop in the City. He stated that the applicant has spent a lot in infrastructure costs up front which dictate where to begin development, and if the City can do something to help give them assurance so they can proceed, it should do so.

City Attorney Shawn Guzman commented that he believed the City could do that under its ordinance, but a developer can also say he is vested in the property the way it was presented. The City Council should be sure it likes the concept and should reinforce to the developers that there might be an ordinance change or some other infrastructure problem that could affect the number of units approved.

City Manager Gary Esplin commented that there was some comfort in the 2.9 units per acre.

Council Member Orton commented that this same thing was done with the Ledges, and he hoped there would be flexibility to increase the density over and above 2.9 units per acre if a program was developed for workforce housing.

MOTION: A motion was made by Council Member Orton to approve the zone change, incorporating the comments made by the City Manager and City Attorney.
SECOND: The motion was seconded by Council Member Allen.

Community Development Director Bob Nicholson advised that architectural plans would be presented on a phase by phase basis.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND ZONING ORDINANCE:
Public hearing to consider approval of an amendment to Title 10 Zoning Regulations, Chapter 11 Manufacturing Zones, St. George City Code, to add ?small animal boarding facility? and ?small animal hospital? as permitted uses within the M-2 zone. Dr. Bruce Jacobson, applicant.

Community Development Director Bob Nicholson explained that there are two M-2 zones within the City - the Millcreek Industrial Park and the old Moore?s Business Forms property. The request is to allow small animal hospitals and small animal boarding facilities as permitted uses within the M-2 zone. The Planning Commission recommends approval.

Mayor McArthur opened the public hearing.

Dr. Bruce Jacobson, applicant, recommended approval of the change. He stated he was looking for a location on the east side of the City, and that it was difficult to find.

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

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


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

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

The vote was unanimous and the motion carried.

Council Member Gardner inquired if warehousing was allowed in the M-2 zone.

Mr. Nicholson replied that it was allowed.

PUBLIC HEARING:
Public hearing to discuss the 2006-2007 fiscal budget.

City Manager Gary Esplin explained that no action would be taken on the budget at this meeting. Another public hearing will be held June 15, and by state law the budget must be adopted at that meeting.

Mayor McArthur opened the public hearing.

Eric Devito inquired what each citizen was paying for the City budget. He estimated each working person was paying $3,000.

Council Member Gardner advised that the budget included enterprise funds.

City Manager Gary Esplin explained that a majority of the general fund comes from sales tax.

Council Member Whatcott commented that $40 million is used to purchase power.

City Manager Gary Esplin explained that a more accurate gauge of what a citizen pays is on his property tax notice. He estimated that most people are paying $200-$300 a year to the City in taxes. The City receives only 17% of the sales tax generated, and the remainder goes to the state.

Mr. Devito commented that not everyone will agree on the budget and some can say that it is fake. He stated that the budget worked out to be a couple thousand per adult.
He thanked the City Council for what they do for the City. He commented that most people who don?t work for the City do not have dental coverage, and that the 18% increase in health and dental coverage for employees was a large increase and he encouraged the City Council to spend wisely.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height up to 19'10" at 2543 East 2150 South Cr. Mr. and Mrs. Carter, applicant.

Planner Ray Snyder advised that the Planning Commission recommended approval.

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

DETERMINE USE:
Planner Ray Snyder explained that the request is to determine the number of off-street parking spaces for Viracon. Staff has calculated that 284 parking spaces are needed, but the applicant would like to provide only 244. The Planning Commission recommends that 244 parking stalls is adequate for the use as long as they set aside an area for the other 30 parking spaces for future use if needed.

Council Member Bunker inquired what would happen if the property were sold.

Mr. Snyder replied that square footage and parking standards would be looked at, and if the parking was not adequate for the use, the use would not be approved.

Council Member Orton commented that the ordinance should be adjusted if needed, rather than making exceptions to it.

City Manager Gary Esplin advised that the City Council would be agreeing that the use meets the ordinance and parking requirement.

City Attorney Shawn Guzman advised that if the use changed, more parking could be required.

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Community Development Director Bob Nicholson explained that based strictly on square footage of the building, 284 parking stalls are required. In this instance 244 parking stalls is a reasonable number, and the ordinance provides this flexibility.

MOTION: A motion was made by Council Member Whatcott to approve 244 parking stalls, recognizing that this number meets the ordinance based on use (shifts) and multi-use of the parking lot, also recognizing that if the use changes more parking stalls may be required.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of an Improvement and Reimbursement Agreement with the Knolls Group LLC, Quality Properties, Inc., St. George and Washington Canal Company, and Little Valley Farms LLC.

City Manager Gary Esplin explained that this agreement had been discussed previously in the fields where they are trying to cover the drainage channels and structures through a cooperative effort with the adjacent property owners and developers. The City?s portion of the project is estimated to be $314,260 and is in the budget this year. This is the backbone of the entire drainage system in the fields and has been negotiated to what is felt is a reasonable cost allocation. He recommended approval.

Council Member Gardner commented that the storm impact fund will cover the cost.

City Manager Gary Esplin advised that this is also the backbone of the trail system in the area too.

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

AGREEMENT:
Consider approval of a Development and Reimbursement Agreement with Snowfield Estates Development.

City Manager Gary Esplin explained that there is an old storm drain located in an easement along Snowfield Estates on Valley View Drive. As part of the project the developer could be required to upsize the line in the present location. The City?s concern is that the line is located in the backyards of every home within the subdivision. He recommended that staff work with the developer and jointly share the cost of relocating the line to the street. The City?s portion of the cost is $60,339.44. The developer is willing to pay his portion of the cost.

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

AGREEMENT:
Consider approval of an agreement with IHC and other parties for construction of a sewer line across City property.

City Manager Gary Esplin explained that the subject property is located behind Target. The college, hospital and Foremaster family would like to install a sewer line to serve development along there, and the agreement will allow them to install this line across City property in a master planned street.

Council Member Allen declared a conflict of interest but advised that she would vote.

Mr. Esplin explained that the street has not yet been dedicated, so the City would be giving the applicants license to put in the sewer line in a future master planned roadway.

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

Mr. Esplin advised that the City would not participate in the cost of the sewer line.

SIGN BOARD APPEAL:
Consider an appeal of the Sign Board?s denial of an outdoor sign. Simmons Outdoor Media, applicant.

City Manager Gary Esplin explained that the applicant is appealing a decision of the Sign Review Board concerning a sign along the I-15 freeway. The City Attorney suggested that comments be taken but a decision delayed until more research into the matter is performed and the City makes sure it is on correct ground.


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Mayor McArthur advised that comments would be taken, but a decision would be delayed until the next City Council meeting in two weeks.

Enforcement Officer Brad Young explained the denial is based on the nearest point of beginning or ending of the pavement widening at the entrance or exit of the freeway. The City?s ordinance states that a billboard cannot be placed within 500' of a freeway exit or entrance. The applicant argues that the measurement should be from the point of the gore. The Sign Board made a determination, and the applicant is appealing that determination. Mr. Young advised that he incorrectly issued a sign permit, and when he realized that he miscalculated, he withdrew the permit. The billboard in question is 50' tall and 48' wide.

Wade Budget, representing Simmons Outdoor Media, explained that they were issued a permit for the sign and claimed that the permit has not been appropriately rescinded. The language cited by Mr. Young is subject to litigation with the state. He then distributed language of the Utah Outdoor Advertising Act. The standard is concerned with making sure that billboards are not located too close to an intersection. The question is where does the intersection end, and the court was presented with this question in northern Utah. The court said the only way to make sense of it was to read it along with the flow of traffic. The state?s version is not the best written statutory language and talks in terms of the point of widening. The court determined there are many instances where the pavement widens and narrows, and there may be a pull out. The intent of the ordinance is to prevent signs from being located in areas near intersections. The standard is being applied up and down the I-15 and many cities have adopted the ordinance - the point where the pavement widens is the gore. The first gore closest to the intersecting road, from that point 500' is measured, and the sign in question is 600' from that point. There is no justification to rescind the sign permit, and when a permit is issued certain business decisions take over and there are vested rights. In issuing the permit the same standards were applied that are being applied up and down the freeway throughout the state. UDOT has this same standard and is holding the permit waiting for this issue to be wrapped up.

Council Member Orton inquired how much time had elapsed between issuance of the permit and its recision.

Mr. Young replied that the permit was issued February 16 and the recision notice was sent on February 27.

City Manager Gary Esplin commented that the appeal then went to the Sign Review Board, who denied it.

Mr. Young explained that for purposes of off-premise billboards, the same point is used to measure the 1500' freeway bubble for business advertising.

City Manager Gary Esplin commented that the City Attorney will give his opinion and the matter will be scheduled on the next City Council agenda in two weeks.

City Attorney Shawn Guzman advised that the applicants requested it be on the June 29th agenda. A special meeting will have to be called. If the City Council agrees, a pending ordinance can be imposed while a clarifying ordinance is looked at.

Mr. Young advised that during the Sign Review Board hearing, the members made a determination and compared the distance from the Blvd. to the point of the gore, which is about 600'. They called the state and the average length of an on-ramp is 1,800 feet. He suggested this figure be used for purposes of a pending ordinance.

City Attorney Shawn Guzman recommended that 2000' be used.

MOTION: A motion was made by Council Member Allen to impose a pending ordinance prohibiting all billboard advertising within 2000' of a freeway intersection, and calling a special meeting for June 29.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held May 11, 2006.

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

ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING:
MOTION: A motion was made by Council Member Orton to adjourn to a neighborhood redevelopment agency meeting.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.




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

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

The vote was unanimous and the motion carried.

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

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

Council Member Allen reported that the MPO met with Congressman Matheson about the south end of Bluff Street and the possibility of changing some wording in the transportation bill which would allow extra money to be moved to another point.

Council Member Allen reported that Dixie Care and Share?s Director, Ralph Flannagan, is leaving.

Marc Mortensen reported on the homecoming celebration for the 222. It will be held June 24 at the Dixie Center.

Marc Mortensen reported that the Boulevard project will be finished in August, according to the contract.

The meeting then adjourned.



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Gay Cragun, City Recorde