City Council Minutes

Thursday, January 4,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 4, 2007, 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 Bob Whatcott
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all present.

Mayor McArthur advised that on New Year?s Day he attended a ceremony involving different faiths, with each faith offering a prayer over the City.

The pledge of allegiance was led by Rod Orton and the invocation was offered by Council Member Whatcott.

Mayor McArthur announced that the Cottam issue on River Road was not on the agenda because traffic information had not been submitted. City Manager Gary Esplin advised that the matter would be scheduled on an agenda as soon as the traffic information was received.

Vonda Larsen reviewed the activities that would be held during Heritage Week to celebrate St. George?s 145th birthday.

RESOLUTION:
Consider approval of a matching conservation grant resolution.

City Manager Gary Esplin explained that approval of this resolution will help citizens replace appliances that are not energy efficient. This is a combined project with the Washington County Water Conservancy District. The grant will match the funds contributed by the City.

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that the grant is through the Bureau of Reclamation.

RESOLUTION:
Consider approval of a SCADA upgrade matching grant resolution.

City Manager Gary Esplin explained that the grant will help the city upgrade the SCADA system.

MOTION: A motion was made by Council Member Whatcott to approve the resolution.
SECOND: The motion was seconded by Council Member Orton.
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January 4, 2007
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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.

Conservation Coordinator Ren? Fleming explained that the appliance replacement program would be advertised to the public on the City?s web site, through utility mailers, and through the Spectrum and KCSG. The City has had a great response with its toilet replacement program and has provided $100 each for replacement of 240 toilets. The appliance program will be opened up to residential and commercial users to encompass more of the customer base.

MOBILE CATERING LICENSE:
Consider approval of a mobile catering license for Betty?s Fast Catering Service. Juan R. Ramos, applicant.

City Manager Gary Esplin explained that the application has been reviewed by staff. The route is located in the Washington Fields area and Sun River. Staff recommends approval.

MOTION: A motion was made by Council Member Bunker to approve the license.
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 additional office building height at 400 North Bluff Street. Ellsworth Paulsen Construction/Cameron Gunter, applicant.

City Manager Gary Esplin explained that this matter was tabled at the last City Council meeting. He stated that the request is for a height variance of less than five feet. This will not increase the floor area of the building nor increase parking requirements nor affect access requirements. At the last meeting the City Council asked for additional renderings and a visual presentation.

Cameron Gunter, applicant, explained that they have additional renderings of four sides of the building. They also did a plan changing the architecture of the building, but they would prefer not to use this plan. They are evaluating removing a couple of rows of block to gradually slope the landscaping to make the block wall less visible. He then showed renderings of the building and site.

Council Member Whatcott inquired if it would be possible to tier the wall.

Mr. Gunter replied that there was not space to tier it because of the parking plan.

Council Member Whatcott inquired if the City had the ability to enforce new wall standards since the property had not been built on.

Planner Ray Snyder replied that the City has a rock wall ordinance which limits the height of rock walls. The Zoning Ordinance also has height limitations. However, this wall is an existing non-conforming wall. If the applicant were to tier the wall, this would affect the parking in the front and they would not be able to meet parking requirements and would have to redesign the building with less square footage.


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Page Three

City Attorney Shawn Guzman advised that the wall was built prior to the ordinance. If the applicant wanted to raise the wall, the City could deny the request, but cannot require the applicant to lower it. He inquired of the applicant if the wall was built outside of the public utility easement, or on it. He commented that the wall would be grandfathered in if it was legally conforming at the time it was built, but if it was built on the easement, this would affect whether the wall was grandfathered or not.

Mr. Gunter replied that he has met with staff several times and this never came up. He stated he thought the wall was not built on the easement.

Barbara Holt commented that she visited with Gil Almquist, who built the wall, and he suggested that plants trellis down from the top of the wall as well as having trees come up from the bottom.

Mr. Gunter explained that the alternate plan shows that the coins on the side of the building have been removed, the dormesr were changed, and the deck in front was reduced in size, but their preference is to build the original plan.

City Manager Gary Esplin explained that traffic is not the issue and has to be dealt with by engineering staff and UDOT. Traffic is not part of the conditional use permit. From a legal standpoint traffic can have no bearing on the decision, but the City Council can request to see the final recommendations on traffic at a later date.

Council Member Gardner commented that the applicant could reduce the roof height by two feet and lower the building three feet into the ground to meet the ordinance.

Thales Derrick commented that the traffic issue still exists. He stated that putting the right thing in the wrong place did not make it right for the community. He stated that a cupola would stick out like a sore thumb and adding that to the building might not be in the best interests of the entire design. He stated that lowering the roof line and removing the dormers would result in a more traditional look and would be better for the community and site. He stated he hoped the traffic issues would be addressed, and that the Council would make the best decision for the applicant and residents.

Mayor McArthur commented that no matter what is built on the property, traffic will be a concern.

Mr. Gunter commented that the cupola does not count in the height calculations.

Planner Ray Snyder commented that steeples for church buildings are considered incidental and they have not been considered as part of the height.

Council Member Allen commented that the height of church steeples has always been considered. Council Member Whatcott agreed.

Planner Ray Snyder advised that he stood corrected after checking the code, and that steeples and cupolas are subject to conditional use permits.

Mr. Gunter clarified that the height of the building is 66" to the top of the point.

Council Member Whatcott commented that the reason the building is so imposing is because it is 66' in height and is being built on top of a diamond block wall. There would be no problem if the building was at road level.

City Attorney Shawn Guzman advised that the City Council can take this fact into consideration.

Barbara Holt stated that the President of the Chamber of Commerce said the building fit beautifully and the proposed location is the best place to put it.

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

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

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

The motion carried.

Mayor McArthur announced that the Cottam issue on River Road is not on the agenda because the traffic information had not been received.

DETERMINE USES IN OPEN SPACE ZONE
Determine allowed uses in the Open Space Zone.

Gary Kuhlmann, representing the applicants Delray and Connie Jackson and the Reignmaker Equestrian Center, explained that they would like to appeal a determination made by the Planning Commission. The subject property is located south of the Christensen Park in Bloomington. The Jacksons have been operating an arena and have kept horses on the property for 12 years. About a year ago they began to improve the property and brought in more facilities and animals. At that time the City red-tagged the operation. The issue is whether the Jacksons can do what they are doing in the Open Space zone and within the flood plain. The property is about 30 acres with the entrance on the west side of the park. The applicants have obtained a floodway permit, but the red tag was not lifted because of an interpretation that commercial activities are not allowed in the Open Space zone. The Planning Commission determined that this use is not allowed in the Open Space zone, not whether a commercial activity is allowed. An ACE proceeding was also commenced based on nuisances such as dust, noise, lights, odors and flies. The ACE judge made a finding that a nuisance existed with regard to odors and flies, but nothing else. He stated that if a use is permitted, it still can cause a nuisance, and the applicant do not want permission to cause a nuisance. They would like a determination as to whether their use is an allowed use, and if so, operational restrictions can be made to assure the nuisances do not occur. He then showed photos of the site. The site is set up to house 60 horses but the applicants would like to have 80. Under the Open Space zone four animals per acre are allowed. This would allow the Jacksons to have 120 horses. The zoning ordinance says that as far as permitted uses in the Open Space zone, commercial activities are prohibited. According to the ordinance, the applicants could keep 240 cows on their property, but this would be a commercial operation as the applicants would not produce that many animals for their own consumption. There are also other commercial activities in Open Space zones such as the Red Hills Golf Course as a private person operates the clubhouse and concessions and makes money. This is also true of the Southgate Golf Course and the St. George Golf Course. The Jacksons are doing private recreation which is allowed. They plan to plant pasture, gravel roads and parking, install white vinyl fencing around the property, install sprinkling systems in the arena to keep the dust down and make a first rate facility. The flood left a lot of silt in the entire area and it does not work well for horses and the applicants have been trying to deal with it. However, when the wind blows, it blows the silt, whether on horse property or not. There are also ATV users who operate illegally in the area and tear up the river beds. The ACE judge found that this facility was not responsible for the increase in dust due to ATV riders and trucks going to the sewer plant and due to the wind. The Jacksons keep the property clean and do what they can to alleviate any impacts. The closest stall is 558' away from the closest home, and the ordinance requires only a 100' separation. The facility is used by 4H, Dixie High FFA, elementary schools, and even has been visited by a delegation from Ibigawa, Japan. He inquired if this kind of facility is not allowed in the Open Space zone, where it would be allowed.

Council Member Whatcott commented that the horses have infringed upon the neighborhood.

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January 4, 2007
Page Five

Mr. Kuhlmann replied that the horses have been there for 12 years, and before that cattle were run on that same ground. The ground upon which the subdivision was built used to be a feedyard.

Council Member Orton inquired how building permits were obtained to build the barn, etc.

Mr. Kuhlmann replied that a building permit is not required for a barn as it is an agriculture use. The City red tagged it but state law allows it to be built without a permit, so the red tag was lifted.

City Attorney Shawn Guzman advised that the Open Space zone does allow corrals and incidental structures.

Mr. Kuhlmann replied that only fences, gravel, pasture and sprinklers will be built within the floodway. City ordinance allows a private recreation facility within an Open Space zone. He inquired if the use is allowed or not, and if not, where it would be allowed within the City.

City Attorney Shawn Guzman advised that the purpose of the Open Space zone is to protect the natural and scenic resources of the City. There are zones within the City which permit horses. He stated that boarding horses and providing riding lessons is a commercial activity. He stated that permitted uses within the Open Space zone allow grazing, public and private recreation facilities, parks, raising of crops, gardening, etc. Conditional uses include an airport, animals, cemeteries, golf courses, mineral and dirt extraction, utilities, schools, churches and public buildings. Commercial feed lot operations are not permitted, and the intent is not to have commercial operations. The Jacksons are able to keep horses that they own. He stated the Planning Commission determined that a public or private recreation facility is for the owner?s use only.

Mayor McArthur advised that this was not a public hearing and public comment would not be taken.

Council Member Bunker advised she agreed with the Planning Commission that the operation was not a permitted use and the type of business is not conducive to a neighborhood or city park and negatively impacts the area.

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

The motion died for lack of a second.

Council Member Gardner commented it appeared to him that most of the concern is about nuisance issues, and if these issues are dealt with the use is appropriate.

Council Member Bunker advised that most of the concerns expressed at the Planning Commission meeting dealt with noise, smells and flies.

Council Member Allen inquired if concerns were expressed about parking or traffic.

Council Member Bunker replied that there were none.

Council Member Orton commented that he has horses but he agreed with Council Member Bunker. Washington County provides a great equestrian facility. He stated the homes were there before the commercial operation.

Mr. Kuhlmann advised that comments at the Planning Commission meeting were about nuisances, not use issues. The ACE judge said the facility was a benefit to the community and that it was a legal and lawful use. He stated the applicants would like the City Council to make a determination if a commercial use is allowed in an Open Space zone, and if this is a private recreational facility or not, and if not, why.



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January 4, 2007
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City Attorney Shawn Guzman clarified that nuisances were considered by the ACE judge, and it is not his purview to make determinations on whether the zone is appropriate for the use. The issue is if this use is allowed in this instance, then it is appropriate in every open space zone. Staff has made a determination that the use is not appropriate.

Deputy City Attorney Paula Houston advised that the Planning Commission discussed the nuisance and complaints and also talked about commercial use and different types of uses that could be considered commercial. This, in their opinion, is a commercial use and does not fall
under the definition of private or public recreation facility and is more in line with a big commercial activity.

City Attorney Shawn Guzman stated that legal staff agrees with the Planning Commission?s interpretation.

Council Member Allen commented that if this had been presented to the neighborhood during the planning stage, it may have been accepted. She inquired if the facility served mostly neighborhood kids or kids throughout the county.

Council Member Orton commented that if this facility is permitted, it will have to be permitted in any Open Space zone and there could be hundreds of similar commercial operations.

Council Member Gardner commented that in reality the City owned most of the open space up and down the river.

Council Member Orton replied that on his side of the river all the open space is owned by individuals and there could be 25 commercial operations there. The open space across from the Bloomington Park is owned by one individual, and this would mean he could have 60-80 horses there.

Council Member Gardner commented that if you took the commercial aspect out of it, zoning allows four horses per acre. Most of the open space areas up and down the river are in the flood plain and the City controls them.

City Manager Gary Esplin stated that open space along the river by The Springs is privately owned on both sides of the river, as well as other places throughout the City. People are still able to use the open space behind their homes for personal use, but the applicant has gone beyond this when he changed the use to commercial.

Council Member Allen inquired if a business license were required.

City Attorney Shawn Guzman replied that the City would not issue a business license because the business is being conducted illegally.

Community Development Director Bob Nicholson advised that Open Space makes up 25%-30% of the area of the City.

City Manager Gary Esplin stated that staff?s concern is that if it is allowed here, it will happen in other places.

MOTION: A motion to table the matter until the next meeting was made by Council Member Allen.
SECOND The motion was seconded by Council Member Gardner.

Gary Kuhlmann advised that he would be out of state on January 18, and requested the matter be continued until the first meeting in February. He also requested a public hearing.

City Manager Gary Esplin advised that any public hearing should be on the issue of commercial uses in Open Space zones.

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January 4, 2007
Page Seven

Council Member Gardner suggested that the City declare uses in the Open Space zones as conditional uses so the City can decide if the use fits or not and the applicant can present whether or not this use in this setting makes sense, and then deal with the nuisances and inconvenience to the neighbors while allowing an opportunity for those who want to use the facility.

Council Member Allen advised that the Land Use Act now prevents a city from making a determination on conditional uses in that manner.

Community Development Director Bob Nicholson advised the issue is not if horses are allowed. If the applicant?s line of thought is followed, what would prevent a private recreation facility to consist of a go cart track or driving range with lights or batting cages. This is not the intention of the Open Space zone and the Planning Commission understood that and that is why they made the determination that this use did not fit within the definition of a private recreation facility.

VOTE: Mayor McArthur called for a vote as follows:

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

The motion carried.

Mayor McArthur advised that the matter would be scheduled for the February 1 City Council meeting and would not be a public hearing.

Council Member Gardner commented he thought he seconded a motion to set a public hearing.

Council Member Allen replied that her motion was simply to table the matter.

Mayor McArthur announced that the Cottam issue on River Road was not on the agenda and will be scheduled when all necessary information is received. He then called for a five minute break. Upon conclusion of the break the meeting resumed.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to PD Residential on 2.24 acres for Wailea Falls Phase 4 located west of Dixie Drive and north of the Santa Clara River. Brian McMullen, applicant.

Jay Sandberg reviewed pictures of the site. He advised that Phases 1 through 4have already been approved, with Phases 1 through 3 already built. The applicant would like to add 2.24 acres to Phase 4. 106 units have been approved thus far, and the addition of 2.24 acres would add six units. The overall density of the project will not change. The City Council tabled this project in December because it wanted to look at an affordable housing component, however the developer has asked that the matter be moved forward for consideration feeling the increase in units was insignificant. Additionally, by adding the acreage to the project, the density of the project was decreased slightly. There is concern in the neighborhood about the number of units accessing one street. The applicant proposes to improve the frontage when the road is developed, but there are no immediate plans to develop it now. However, it is a prescriptive right of way and can be used as emergency access, and no second access is planned as part of this project. There is an area that can be used as a turnaround, and eventually it will be a good second access to the development. 112 homes access the development on one road. The applicants are using tuning fork accesses to the units. Staff encourages the developer to meet with the neighborhood and resolve outstanding issues with regard to landscaping, etc.


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Rick Rosenberg, representing Stonebridge Development, explained that Wailea is a gated community and another gate is planned as part of Phase 4. The overall project density

does not increase but there will be an additional six units. The applicant will also install fairly extensive rip rap as well as improve access to the City?s maintenance facility.

Council Member Whatcott advised that he has received e-mails from residents concerned about the mound of dirt which is accruing. He stated that it should be cleaned up now.

Mr. Rosenberg replied that the dirt has been stockpiled for use as fill material against the ledge. If the City desires, the applicant can get a permit and move the dirt immediately. The dirt has been generated from the first phases, knowing that it would be needed in later phases. He advised that the applicant will install street improvements on the City side with a turnaround and gate.

City Manager Gary Esplin inquired about the ownership of the prescriptive easement for the portion which runs through Santa Clara, as the City must have access for emergency vehicles.

Mr. Rosenberg replied that he would meet with the city attorneys and see if legal documents need to be drawn up or if there are rights under the prescriptive easement. He explained that the applicant has used some of the TND design standards. The units have rear-loaded garages. All roads will be built with this phase.

Mayor McArthur advised that some of the residents are concerned that their rock walls are not high enough, and some yards are bare with just dirt.

Mr. Rosenberg replied that Brian McMullin, the applicant, is present. He has spoken to several of the concerned residents and is willing to meet with them on site.

Brian McMullin, applicant, stated they are concerned about allowing residents to walk directly to the golf course, therefore he does not want to create flat areas. He stated that he could build the rock walls higher, but he did not want to fill in dips that would allow people to walk to the golf course.

City Manager Gary Esplin stated that staff?s biggest concern is the disturbance of areas which will not be immediately built upon which would create an eyesore.

Mr. McMullin advised that the mound of dirt would be moved.

Mayor McArthur stated he hoped the applicant would not tear up any more lava rock than necessary.

Mr. McMullin advised that he would not have to tear up additional lava rock as there would not be a construction access. Construction trucks will use Claude Drive.

Mayor McArthur presented letters received from the Batemans and Youngs for the record. He then opened the public hearing.

Jim Robertson commented he would be thrilled with a second access. He stated he hoped the applicant could move the dirt without going through the development. He stated that junk rock has been left which looks terrible, and the landscaping should be more uniform with lava rock. He suggested the landscaping at the entrance of the project be improved and extended.

Linda Davis expressed concern about the narrow road in the project and stated that if cars were parked on both sides of the street there would be no room for a fire truck to get through. She expressed concern that due to use of the tuning forks, cars would park on the narrow street rather than in the shared driveways.



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January 4, 2007
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Al Croitz commented that without a road to use, a second access would be useless. He expressed concern that there was no walking gate to access the mailboxes.

City Manager Gary Esplin replied that only one half of the road will be built - the half that is in St. George, but it will be accessible. He advised that street issues within the project should be handled by the homeowners association as they are private streets. He stated when the project was first developed there was discussion about a second access, and the developer guaranteed the City there would be a second access.

Linda Davis commented that they have e-mailed and phoned the developer but he has refused to meet with the residents, and this is why they are hesitant to approve further development and allow more unsuspecting people to have to deal with the same issues.

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

Mr. Rosenberg commented that the dirt pile can be moved the back way without going through the project. The construction entrance will be the back door so that no cement trucks or heavy equipment are moved through the existing private streets. The tuning fork driveways will not accommodate parking as parking is not allowed on shared driveways, but he will try and pick up a few additional parking spaces within the project. The second access will be improved with gravel.

City Manager Gary Esplin advised that the portion of road within Santa Clara will need to be passable and this will be noted on the plat. Staff recommends this in order to accommodate fire trucks and other emergency vehicles. The road will have to be graded and maintained.

MOTION: A motion was made by Council Member Gardner to approve the zone change, commenting that all issues will be addressed in the preliminary plat approval process.
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 Allen - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Open Space and Mining and Grazing to PD Residential and PD Commercial on 516 acres around the future Atkinville Interchange on I-15 (Milepost 2). SITLA, applicant.

Community Development Director Bob Nicholson explained that the applicant would like approval for basic uses and general design standards for residential commercial development. When the development comes forward with detailed plans for a specific site, they will have elevation drawings. They request PD commercial zoning with C-2 uses. They have provided a streetscape and landscape plan, a phasing plan, circulation plan, description of architectural standards, and list of uses. The Planning Commission recommends approval.

Ric McBriar, representing SITLA, explained that an enormous amount of work has gone into planning the interchange and southern corridor and land use plan. Rules have been laid out that can be given to developers. SITLA has been working with UDOT and the City on a lot of issues from planning and zoning to funding. The Trust will contribute $13 million for the interchange and southern corridor, and for the right-of-way and building of a new River Road to connect to the new interchange. They are also working to resolve


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hillside and grading issues. A new visitor?s center is planned. They have worked hard on the alignment of the southern corridor to get it off the hills.

Gary Wood, planner, advised that he has been working with the Trust on the master planning of the South Block. The first submittal was the general plan amendment which set the stage to complete this second phase - the zoning plan. The documents presented to the Mayor and City Council represent modifications made in response to Planning Commission recommendations. The land use plan is the same as the general plan. The Planning Commission recommended that everything be a PD zone but concluded some C-2 uses were not appropriate. The phasing plan is infrastructure driven. The trail plan will cross the interchange, and will be signaled at crossings. Vehicle circulation provides an opportunity to get back to a signal from anywhere in the development. He advised that he worked closely with staff on the access management plan but one of the problems is to establish where the access points are. A triangle of property is owned by Sun River and is zoned PD, and he has extended that same category of PD mixed use into the balance of property bounded by Sun River. There is concern what this property will look like, but SITLA does not own the property. The joint Sun River and SITLA property will be developed concurrently and issues of the site plan will be dealt with at that point. He advised that he has done what he can to address Sun River concerns. The maximum density is 16 units per acre averaged. The RV park is intended to be geared to visitors and will be located next to the RV storage area which is part of the Sun River PD zone. He reviewed key architectural design details and advised that there will be an architectural and site plan review for everything.

City Manager Gary Esplin explained that road widths have been established through Sun River and the access point has been determined by studies as well as signals, which are conceptual at this time. The placement of traffic lights will be based on traffic studies based on build-out of the entire South Block.

Council Member Bunker inquired if the truck stop could be moved to the east side of the interchange to be hidden from the I-15 and for circulation reasons.

Gary Wood commented the truck stop has to be located to optimize truck access in and out, and is located on the least visible piece of property.

Mayor McArthur opened the public hearing.

Darcy Stewart, representing Sun River Development and as President of the Sun River HOA, commented that he has been working with SITLA for years and they have done a good job of meeting with residents. He expressed concern with the residential component of the proposed plan for the west side of the freeway called the multi-family portion and suggested and encouraged SITLA to make it age-restricted. He stated he felt this would be a better choice than young families. In area which Sun River owns, they are also encouraging that area to be age-restricted as well. He suggested keeping a majority of the development on the west side of the freeway as age-restricted to make better neighbors. He expressed concern with the RV park. He stated he understood that the western corridor alignment had not been voted on and would not be for some time. He stressed that communication was important with regard to the western corridor. He urged approval of the zone change.

Ken Long commented that he represented 50 homeowners in Sun River and loved the plan. He expressed concern about the mixed use and RV Park and wanted to see the RV park moved elsewhere. He stated he could support the plan if a landscaping berm is installed between Sun River and the new development.

David Patten commented that unless a lot of property is taken, the western corridor will have a narrow section through Sun River. He requested consideration of alternate routes. He requested consideration to make the multi-family area age-restricted, and when a park is built, that it be a real park and not a baseball diamond.

Wayne Connors requested a berm to block the RV park.

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January 4, 2007
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Steve Hanpicker expressed concern with the western corridor, and requested age-restricted communities on the west side of the freeway. He expressed concern with setbacks and heights and the truckstop, but stated he was generally in favor of the zone change.

Fred Brown expressed concern about the western corridor and the definition of light industrial. He suggested that stop lights be installed ahead of time to stop construction traffic from traveling too fast. He suggested that the RV park be made a high class park, with rental limited to one week or less.

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

Gary Wood advised that the RV park will be located next to the Sun River RV storage area, and there will be a screening wall and berm. The park planned to be built will not be for active sports activities and there will not be any field. The mixed use area has a 25 setback on the west side, with 116' of separation. The east side setback will have a 10' wide trail. The landscaping along the trail corridor along the east side of Arrowhead Canyon will be a key design feature and will be done with the first site plan for that area. Light industrial is defined by the City?s zoning ordinance, and will be limited to offices and kinds of uses with totally internalized activities. Stop lights will be installed when warranted.

MOTION: A motion to approve the zone change was made by Council Member Gardner subject to the RV park examples.
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 Orton - aye
Council Member Bunker - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

Community Development Director Bob Nicholson inquired if age restrictions on the west side was part of the motion.

Council Member Gardner clarified that it was not, and that this would be dealt with when the development comes in for approval.

Council Member Orton left the stand.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendments to Chapter 17, Title 10, St. George City Code, to set general standards for the consideration of conditional uses.

Community Development Director Bob Nicholson advised that the amendments are proposed in response to state law changes which occurred a year and a half ago. Cities now have to set forth standards for conditional uses, and if the applicant can meet them, their request shall be approved. He then reviewed the proposed changes to the City Code. The Planning Commission recommends approval.

City Attorney Shawn Guzman commented that he felt comfortable with the changes.

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

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

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Page Twelve

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendments to various chapters in Title 10, St. George City Code, regarding conditional uses.

Community Development Director Bob Nicholson advised that the goal is to minimize the number of conditional use permits. He then reviewed the changes.

Council Member Orton returned to the stand.

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

Council Member Allen commented that with regard to service businesses allowed in commercial zones, only plumbing shops were mentioned and not electrical shops or other contractors.

MOTION: A motion was made by Council Member Orton to approve the ordinance with other construction trades allowed in commercial zones.
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 Allen - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a cost-sharing agreement with the St. George and Washington Canal Company.

City Manager Gary Esplin explained that the agreement is for installation of an irrigation canal, and there is money in the budget.

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 a commercial operating agreement with Ameriflight.

City Manager Gary Eslin explained the fee will be $1.00 per 1000 lbs. of cargo. He recommended approval.

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

DETERMINE IMPACT FEE:
Determine the Viracon sewer impact fee.

St. George City Council Minutes
January 4, 2007
Page Thirteen

City Manager Gary Esplin explained that a fee has not previously been established for any meter over 2" in size. The fee recommended by staff is $24,760.

Water Services Manager Barry Barnum explained that originally Viracon had two 2" meters, but changed to one 4" meter. Any water meter over 2" requires that the City

Council approve the impact fee. He stated that to his knowledge no figure was previously quoted to Viracon.

MOTION: A motion was made by Council Member Orton to set the Viracon sewer impact fee $24,760.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPOINTMENTS:
Appointments to various boards and commissions of the City.

Mayor McArthur recommended appointment of Barbara Watson, Allen S. Jacobi, Jr., James R. Goodman, and Jane Juber to the Art Museum Board.

MOTION: A motion was made by Council Member Allen to appoint the Mayor?s recommendations to the Art Museum Board.
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 regular City Council meeting held December 7, 2006.

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

Consider approval of the minutes of the City Council work meeting held December 14, 2006.

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

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

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Council Member Allen to reconvene and adjourn.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried, and the meeting adjourned at 8:45 p.m.

St. George City Council Minutes
January 4, 2007
Page Fourteen




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Gay Cragun, City Recorder