City Council Minutes

Thursday, July 6,2006



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

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

OPENING:
Mayor McArthur called the meeting to order at 4:00 p.m. and welcomed all present. The pledge of allegiance was led by Council Member Whatcott and the invocation was offered by Reverend Alex Wilkie.

Mayor McArthur thanked citizens for displaying the flag this past week in honor of the 222nd who recently returned from Iraq. He urged caution in using fireworks and thanked public safety employees for all they do.

Mayor McArthur presented plaques to Steve Heaton in recognition of his 24 years on the Board of Adjustment, Vince Clayon in recognition of his seven years on the Planning Commission, and Myrna Stout in recognition of her eight years on the Planning Commission.

Vince Clayton commented that this community is tops when it comes to leadership and he is grateful to have been a part of it.

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

TABLE ITEM:
City Manager Gary Esplin advised that Item 6H to consider approval of an agreement with the Creekside Development Homeowners Association is tabled from the agenda.

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

City Manager Gary Esplin advised that the books for the fiscal year have been closed, and there were no major problems with the financial statement

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

AWARD OF BID:
Consider award of bid for the River Road handicap ramp construction project.

Purchasing Manager Connie Hood advised that three interested bidders picked up bid packets and two responsive bids were received. Western Rock is the low bid at $132,300, and the engineer?s estimate is $136,000. She recommended award of the bid to Western Rock in the amount of $132,300.

City Engineer Dave Demas explained that the City is replacing handicap ramps which are out of compliance on Bluff Street from 100 South to Riverside Drive in preparation for the reconstruction project on River Road in August.

Council Member Gardner pointed out that the bid documents show the engineer?s estimate is $132,000 and the bid is $139,000.

Ms. Hood agreed that this was correct.

MOTION: A motion was made by Council Member Gardner to award the bid to Western Rock in the amount of $139,000.
SECOND: The motion was seconded by Council Member Allen.

Council Member Whatcott advised that it appeared 18 ramps would be reconstructed.

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

AWARD OF BID:
Consider award of bid for the environmental assessment for the Gunlock water line.

Purchasing Manager Connie Hood explained that the new arsenic standards will be met by blending Quail Lake water with Gunlock water. The water tank is the best place to do the blending because service to the Shivwits Band is provided from the tank. This line will also eventually be used to bring water to the City when demand increases. The EA is proposed to be be done by JBR as a subconsultant to Alpha Engineering. The estimate for the EA is $25,000.

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MOTION: A motion was made by Council Member Gardner to award the bid to to JBR as a subconsultant to Alpha Engineering in the amount of $25,000.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE:
Consider approval of an ordinance revising infraction fees.

City Attorney Shawn Guzman explained that approval of the ordinance will take care of problems created from adoption of an earlier ordinance with regard to fines. Amounts are not being increased.

City Manager Gary Esplin advised that the fee schedule is the same as previously approved.

MOTION: A motion was made by Council Member Gardner to approve the ordinance.
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 Allen - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of an off-premise beer license for Maverik Country Store No. 370 located on the southwest corner of Riverside Drive and Mall Drive. Michael Val Call, applicant.

City Manager Gary Esplin explained that the new Maverik is currently under construction. The application meets all requirements. He recommended approval.

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

BEER LICENSE:
Consider approval of an off-premise beer license for Corona Flores Latinos Market at 18 North 500 East. Jose Corona, applicant.

City Manager Gary Esplin explained that distance measurements have been verified by the Zoning Department, and the application meets all requirements.

MOTION: A motion was made by Council Member Whatcott to approve the license.
SECOND: The motion was seconded by Council Member Bunker.
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 triathlon and use of River Road. Summit Athletic Club, applicant.

City Manager Gary Esplin explained that staff is concerned with traffic on River Road and a possible conflict between runners and cars.

Jake Roberts, representing the applicant, explained that there will be four police officers on River Road during the time frame in question. There will not be any runners on River Road, only bikes. Captain Johnson has requested that the race begin at 6:00 a.m. and all riders be off the road by 8:00 a.m. The event will be held Saturday morning, August 12.

MOTION: A motion was made by Council Member Gardner to approve the permit.
SECOND: The 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 on Main Street and Ancestor Square. Sandra Lenois, applicant.

An unidentified woman explained that she and Sandra Lenois have been doing the special events at Ancestor Square the past three weeks and were asked to put together a proposal for Main Street also. It was decided to incorporate both locations for an event to include outside entertainment and a variety of food vendors. Themes will be used each month. The goal will be to try and incorporate as much involvement from the stores on Main Street as possible. There will be a full staff running the events with an on-site manager. All businesses on Main Street have been approached and received a flyer.
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Council Member Bunker commented that a complaint made in the past is that the booths and vendors were in direct competition with the businesses on Main Street.

The unidentified woman replied that personally she liked competition, and there will be no direct competition in front of any store.

Council Member Bunker commented that the purpose of the event should be to promote downtown businesses, and she hoped they were on board with the event and understood it.

Sandy Lenios commented that the merchants realize there will be competition just as long as it is not located directly in front of the store. She stated she would be as sensitive as possible to the issue. She has received letters of support from RAD, the Chamber and Visitors and Convention Bureau.

Council Member Orton commented that the applicant?s letter requests City sponsorship in the form of security and marketing.

Council Member Whatcott commented it would set a bad precedent if the City sponsored the event by providing security, marketing, or insurance.

Ms. Lenois replied that with regard to marketing, they are only asking for a link on the City?s web site. They are requesting security and street closure from the City.

Council Member Whatcott replied that it would set a bad precedent to provide security for this event when it does not provide security for other commercial businesses.

Council Member Gardner commented that the City always has officers at public events.

Ms. Lenois commented that this was all they were asking for. She advised that the City provided security for the events on Main Street last year.

Council Member Whatcott commented he was uncomfortable with providing a link on the City?s website as there had to be some oversight so that the same problems experienced last year did not take place this year.

City Manager Gary Esplin commented staff?s big concern is the cost of the street closures. The City has been very careful in the past with regard to links on its website and this needs to be discussed further. The actual dollar amount out of pocket to the City for street closures is $1600 per year. Having a police presence is not a huge issue as they are on patrol in the area anyway, but they will not be at the event all night and will leave the area if they get a call.

Support Services Manager Marc Mortensen advised that Captain Johnson is comfortable with patrolling the event.

Council Member Bunker suggested that the special event permit be issued for a shorter term than requested.

Ms. Lenois replied that they are planning through June and would prefer to have the permit through then. She advised they are working with the Visitors and Convention Bureau to provide advertising. Insurance has been taken care of. They inquired if the City?s sound system could be used for the entertainment.

Mr. Mortensen replied that the City has never loaned its sound system for weekly events. In addition, City personnel would be required to operate it.

City Manager Gary Esplin suggested that a written agreement be entered into to define the boundaries of the City?s commitment, provide a termination clause, etc.

Mayor McArthur suggested the permit be reviewed in three months.

MOTION: A motion was made by Council Member Bunker to approve the special event permit tentatively for the year, with a review in November and subject to the stipulation that a written agreement be entered into. The City?s sponsorship will consist of closing the street only.

City Attorney Shawn Guzman advised that liability, insurance and termination needed to be addressed.

City Manager Gary Esplin commented that he did not think the agreement would be a problem. The City is looking for performance, and if the applicants do a good job, the permit will be issued for the year.

Ms. Lenois suggested the permit be issued for a year with a performance evaluation so that adjustments can be made along the way.

SECOND: The motion was seconded by Council Member Whatcott.

Council Member Whatcott commented that while the City wants the events to be successful, it will retain the ability to shut down the events if it has to.

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

City Manager Gary Esplin advised the applicants that the City would have police at the event just as it would at any event.

City Attorney Shawn Guzman clarified that the City is under no obligation to provide extra police patrol and will provide standard patrol only.

Council Member Whatcott advised the applicants that the City would not provide any sound equipment.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from A-1 to R-1-12 on 8.95 acres with a development agreement located at 1800 South on 3000 East. Jared Lund, applicant.

Community Development Director Bob Nicholson explained there is AG zoning on both sides of the property and R-1-10 to the west. The General Plan designates the site as Rural Residential, up to two units per acre. The applicant has submitted a development agreement which limits development to two homes per acre. 18 lots are proposed on 8.95 acres. The Planning Commission recommends approval subject to (1) a voluntary development agreement; (2) eliminate the culdesacs and extend the street to the property line for future connectivity; (3) the deed to the property contain a note to let owners know they are buying property adjacent to an agricultural use; and (4) increase the path/trail corridor to 16'.

City Manager Gary Esplin inquired if the 16' path/trail would tie into the trail located along the irrigation line.

Community Development Director Bob Nicholson replied that the main trail system is along 3000 East underneath an overhead power line. The neighborhood park will be maintained by the homeowners association. He stated he was not certain where the path would go to the west, but it is not too far away from the back side of Schmutz Hill.

Jared Lund, applicant, stated he was fine with the Planning Commission recommendations even though he would rather have culdesacs for more of a neighborhood feel.

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 zone change by ordinance subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of the amended final plat for Tonaquint West Condos Phase 1 Subdivision located at 1600 South west of Dixie Drive. Reid Pope, representative.

Community Development Director Bob Nicholson explained that under a new state law, an amended plat requires a public hearing regardless of how minor the change may be. The change to this plat consists of increasing office spaces from three to four.

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

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

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of the amended final plat for the Legacy Phase 8 located on Hampton Road near Canterbury Road. Ken Hamblin, representative.

Community Development Director Bob Nicholson explained that the change to this plat involves removal of one unit.



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July 6, 2006
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Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.

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

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of the amended final plat for the East St. George Commercial subdivision located on the corner of Red Cliffs Drive and - along 2720 East Street. Jeff Klein, applicant.

Community Development Director Bob Nicholson explained that the change to the plat involves merging Lots 2 and 3 and adjusting the boundary between Lots 3 and 4.

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

PUBLIC HEARING/AMENDED FINAL PLAT:
Public hearing to consider approval of the amended final plat for the Millcreek Commercial Center located at 850 North 3050 East. Brandon Whallon, applicant.

Community Development Director Bob Nicholson explained that the original plat had one lot and the amended has seven lots, with outpads along 3050 East and 850 North, for a total of 11 lots. The Planning Commission recommends approval.

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

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Crimson Valley Estates located at 3000 East and 2000 South. Ken Miller, representative.

Community Development Director Bob Nicholson explained that this property was the subject of a zone change not too long ago, and not far from the Jared Lund zone change. The property is located on the east side of 3000 East. There is a development agreement to conform to the General Plan with a maximum of two homes per acre. The applicant has set aside two acres for a neighborhood park which will be maintained by the HOA. A trail easement is proposed on 3000 East and along 2000 South. There are connecting corridors. Streets are public, and lot sizes are at least 12,000 sq. ft. The Planning Commission recommends approval.

Council Member Allen inquired if the trail would tie into the trail from Jared Lund?s project.

Mr. Nicholson replied that it would and would be 15' or greater along 3000 East.

Ken Miller, representing the applicant, advised that the interior walking trails would be smaller. The exterior trails would be horse paths.

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

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

PUBLIC HEARING/AMENDED PLAT:
Public hearing to consider approval of the amended plat for Bloomington Ranches #7 Subdivision. Sam Haslem, applicant.

Community Development Director Bob Nicholson explained that the plat amendment consists of a lot split. The proposal is to split lot 9 unto two lots. One of the lots has an existing home. Zoning is R-1-10. Both new lots meet minimum lot size. Lot 9 is 10,588 sq. ft., and Lot 10 is 14,043 sq. ft. Notices were sent to surrounding property owners and one neighbor expressed concern at the Planning Commission meeting about the weeds on the lot. The applicant advised that he would take care of the weeds. The Planning Commission recommended approval.

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Mark Raines, representing the applicant, advised that the applicant is trying to improve the look of the property. He is renovating the existing home which has been used as a rental for many years. Setbacks will be met.

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

MOTION: A motion was made by Council Member Gardner to approve the amended plat.
SECOND: The motion was seconded by Council Member 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 Hidden Valley Subdivision Phase 1 located at Hidden Valley Drive and Price Hills Drive. Ivory Homes, applicant.

Community Development Director Bob Nicholson explained that there will be 227 units: four single family lots will front Desert Hills Drive, five twin homes, two triplexes, 112 townhome units and 95 lots designed to R-1-6 standards. Zoning is PD. All streets will be public. Various house plans have been submitted. The applicant held a neighborhood meeting to explain their proposal. Compared to the original PD plan, there are less units than in the original concept. The Planning Commission recommends approval subject to the recommendations of the Traffic Engineer:

1. Require right turn lanes and left turn pockets at the intersection of Hidden Valley Drive and roads labeled ?neighborhood entrance road.? Right-in right-out only at entrance to Casitas Phase I/Hidden Valley Drive (no break in median) as shown.
2. Developer has agreed in principle to enter into a development agreement to pay for traffic impacts - specifically Brigham Road widening and signals on Brigham Road. The agreement needs to be finalized.
3. The 50' local street and 58' neighborhood collector needs to meet the City?s approved standard/alternate cross-sections. Specifically, the City does not allow modified curb with sidewalk against the curb. The minimum asphalt width is greater than that shown (see table 3.1 in the City?s design standards).
4. Subject to PD standards (building setbacks, separations, parking spaces, etc.) Planning staff will review with construction drawings. Setbacks for the single family lots to meet the R-1-6 standards.
5. Walls, street trees, etc. shall be complied with.

The applicant has agreed to abide by the recommendations.

Council Member Orton inquired where the fire station would be located.

City Manager Gary Esplin replied that staff has looked at the plan and there is not a site in this area. There is however, a site within the survey area.

Council Member Orton inquired how long it had been since the conceptual plat was approved.

He was advised the original plat was approved in 1999.

Council Member Orton requested to see the entire project, not just this phase.

Community Development Director Bob Nicholson replied that the applicant has committed to build a 12.5 acre public park.

City Manager Gary Esplin explained that the map of the project shows where the school is going in and where there is a church under construction.

Mr. Nicholson advised that the map shows the entire PD; this phase will be one- third to one-half of the entire PD.

Council Member Whatcott expressed concern that the City Council is given one sheet of paper to look at and it is seven years old. He stated the Council has not seen the project for seven years and it is tough to grasp what it is looking at. He stated he hoped that in the future applicants would be better prepared and provide more specific information.

Colin Wright, representing Ivory Homes, stated that the City wanted a primary residence community that everyone could afford, and because of the density approved in 1999, it will be an affordable community. A nearby trail will link to the new City park. He stated that he hoped the new City park constituted a City park vs. a system park with regard to the new impact fees, and requested a waiver of park impact fees.

City Manager Gary Esplin advised that a presentation of the parks and recreation master plan will be made at the second work meeting in July. At this time staff has no recommendation on a change to the park impact fee. A 12 acre park meets the definition of what can be used for waiver of park impact fees, but connectivity to adjoining neighborhoods for use of the park also needs to be addressed.

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July 6, 2006
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Mr. Wright advised that the traffic report mentioned off-site improvements, and Ivory Homes will pay its proportionate share of these improvements. This will be addressed in the development agreement.

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

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat subject to a development agreement. He questioned the connectivity of the back road to the front road.

Mr. Wright replied that they were fine with it either way.

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

PUBLIC HEARING/PRELIMINARY PLATS:
Public hearing to consider approval of the preliminary plat for Sun River Phase 28 located at Garnet Ridge Drive and English Ivy Drive. Darcy Stewart, applicant.

And

Public hearing to consider approval of the preliminary plat for Sun River Phase 20 located at Angel Arch Drive and English Ivy Drive. Darcy Stewart, applicant.

Community Development Director Bob Nicholson explained that each phase contained 24 single family detached units, with a combination of public and private streets, typical in the Sun River project. The main roads are public and the access roads are private.
The fire station issue is being resolved.

Council Member Orton commented that long ago the City put a cap on the number of units which could be permitted in Sun River until the new freeway interchange was built. He inquired of Mr. Nicholson if these phases fell within this number.

Mr. Nicholson replied that the units were limited to 1,700 until the off-ramp is built, and today there are only 900 units.

An unidentified representative of Sun River advised that they are platting ahead of permits, but are restricted to 1,700 permits until the new off-ramp is built.

Mayor McArthur opened the public hearing.

Community Development Director Bob Nicholson clarified that there were 42 lots in each phase, not 24.

Mayor McArthur closed the public hearing.

MOTION: A motion was made by Council Member Gardner to approve the preliminary plats.
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
Public hearing to consider approval of the amended final plat for Shadowbrook Subdivision located at 900 East and 900 South. LeRoi Nelson, applicant.

Community Development Director Bob Nicholson explained that some common area has been reduced and added to two existing lots.

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

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held June 27, 2006, recommended approval of the final plats for Cottages at Fossil Hills Phase 1 and Snowfield Estates.

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

HILLSIDE DEVELOPMENT PERMIT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held June 27, 2006, recommended approval of a hillside development permit for Tonaquint Heights Subdivision located west of Tonaquint Drive

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and south of Tonaquint Terrace Subdivision subject to the recommendations of the Hillside Review Board, as follows:

1. Building construction envelopes are to be shown for each lot on the preliminary plat.
2. Open space/no disturb areas are to be fenced with orange grid temporary fencing.
3. Road cut mitigation: applicant proposes that surplus rock be stacked and laid on the cut slopes on the sides of the roads to cover cuts and fills.
4. Road right-of-ways shall be fenced with temporary fencing during excavation work.
5. Road ?K? values must be met for the proposed public roads.

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

CONDITIONAL USE PERMIT (2006-CUP-016):
Consider approval of a conditional use permit to establish a substance abuse treatment facility located within the Ventana Professional Park at 280 North 1680 East Street. Carolyn McCullough, applicant.

Planner Ray Snyder explained that the Planning Commission recommended approval. The applicants propose to use the facility for normal operations 9:00 a.m. to 9:00 p.m. Monday through Friday, with two to three people in the office, and one to two nights a week for a group of ten to twelve for therapy sessions. No business will be conducted on the weekends. The facility is court-sponsored with referrals. The applicant has shown that the parking lot is deserted after 6:00 p.m., and letters from several businesses have been received in support of the business. The applicants provided the following information:

1. Clients come on an appointment basis.
2. The typical age of clients is 20-35.
3. The facility will only treat substance abuse issues. They are not licensed to treat sexual abuse or domestic abuse cases.
4. The applicant states that there has never been a need to call 911.
5. The typical client is working, has a family, and is trying to improve their situation.
6. The typical client is not there against their will.
7. It is difficult to track the success rate of the program.

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

CONDITIONAL USE PERMIT (2006-CUP-020):
Consider approval of a conditional use permit to operate a school within the Calvary Chapel located at 3922 South Pioneer Road. Jeff Frank, applicant.

Planner Ray Snyder explained the school would be for grades kindergarten through 12th, during weekdays. There are seven existing classrooms and the applicant proposes to use three for the purpose of the school. The applicant is also requesting use of a modular building to place behind the existing building. Modular buildings typically are only permitted on a temporary basis for one year. However, state schools typically have a modular building on site. The applicant would like to use the modular building for 18-24 months until a new facility is built. The modular building would not be seen from the freeway or Pioneer Road. There is adequate parking. The Planning Commission recommends approval subject to the following conditions:

1. A maximum of 60 students is permitted. The applicant shall return to the City Council for approval of future expansions.
2. The applicant shall meet all building occupancy requirements.
3. A temporary modular building shall be permitted and located behind the existing facility.
4. The temporary building shall be removed 90 days after completion of phase 2 facility expansion.

MOTION: A motion was made by Council Member Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Allen.

City Attorney Shawn Guzman advised that there may be access issues behind the facility, and inquired of the applicant if he was aware of that.

Jeff Frank, Assistant Pastor, replied that to the best of his knowledge all the property behind the facility had been consolidated and purchased and will be developed as The Willows at Bloomington. There should not be any landlocked property.


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City Attorney Shawn Guzman advised that if the property has not changed hands there may still be a problem and suggested that the applicant check into it.

Mr. Frank replied that besides using the existing building for a school, the modular building will be located directly behind the church building on the church?s property with enough room to access the parking lot and all land behind the building. The modular building will be very small in comparison to the large building and will be painted to match the large building.

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

SITE PLAN AND BUILDING ELEVATION:
Planner Ray Snyder explained that the Planning Commission recommended approval of the site plan and building elevations for two proposed buildings with adjacent parking facilities to accommodate retail/office and service commercial usage at the southeast corner of the intersection of Blackridge Drive and 1470 South Street, subject to the following recommendations:

1. The maximum building heights shall not exceed the allowable thirty-five feet (35'); the maximum two story proposed height of twenty six feet four inches (26'4") is permitted.
2. The building colors and materials shall be as submitted to the Planning Commission meeting of June 27, 2006 and City Council on July 6, 2006.
3. Lighting at the property line shall not exceed approximately 1.0 FC (foot candle). Maximum level on site is not expected to exceed 15 FC.
4. A site plan review (SPR) application shall be processed through the Development Services Department.
5. Signage shall be under separate permit.
6. Landscaping shall comply with the required 25 ft. or demonstrate that equivalent square footage is provided.

Southland Electric is the applicant.

Council Member Bunker inquired if the air units would be able to be seen on top of the roof.

An unidentified man replied that a parapet wall will hide the mechanical units.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations 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. The motion carried.

Dan Derrick advised that the smaller building will most likely be used for a small service facility or small detail shop.

AGREEMENT:
Consider approval of an agreement with the Creekside Development Homeowners Association.

This item was tabled.

AGREEMENT:
Consider approval of an agreement for construction of the hammerhead in Riverwood Subdivision and release of all claims.

City Manager Gary Esplin explained that as a result of the flood and subsequent removal of homes and installation of rock wall, the Riverwood HOA has requested that the City repair damage to its streets. The City will construct a hammerhead for turnaround access and the HOA will release the City from any claim or damage to their property. In exchange, the HOA will deed to the City the common area around the lots purchased by the City and will not charge any fees or assessments.

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

APPOINTMENT OF ACE JUDGE:
Appointment of an additional ACE judge.

City Manager Gary Esplin explained that the ACE program has been so successful that the cases are backlogged. The City would like to have the cases heard as quickly as possible in order to get the properties cleaned up. He recommended the appointment of another ACE judge which would allow twice the number of hearings.

Mayor McArthur advised that he recently interviewed Wayne Caldwell who comes with a recommendation from the City Attorney. Mr. Caldwell is a Deputy County Attorney and understands the process.


St. George City Council Minutes
July 6, 2006
Page Ten

City Attorney Shawn Guzman advised that Mr. Caldwell understands the City?s philosophy, and staff always has the opportunity to meet with the judges if problems develop. He advised that the appointment is at will and can be terminated at any time.

MOTION: A motion was made by Council Member Orton to appoint Wayne Caldwell as an ACE judge.
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 City Council work meeting held June 8, 2006.

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

Consider approval of the minutes of the regular City Council meeting held June 15, 2006.

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

Consider approval of the minutes of the special City Council meeting held June 22, 2006.

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

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

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

The vote was unanimous and the motion carried.

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

DISCUSSION RE TOWN SQUARE:
City Manager Gary Esplin advised that the cost of the Water Walk is now $800,000, up from the 2004 estimate. Jacobsen Construction advises that the Plaza project will be about $1 million over the original estimate for the entire project.

Council Member Orton was excused from the meeting.

City Manager Gary Esplin advised that there was $4 million in the bond. Another issue which needs resolving is parking at the library. The library has 40 employees and only 40 parking spaces. A parking structure will cost over $2.5 million. A temporary parking lot will cost $300,000. Mr. Esplin commented that the City has made a huge commitment to the downtown, as well as putting $2 million into the Boulevard reconstruction. By next Christmas the City will have $10 million invested into the Town Square.

DISCUSSION RE OLEANDERS:
City Attorney Shawn Guzman advised that the legal intern has been researching the issue and contacted several vets in town who said that oleanders are not a problem and that horses will only eat the leaves if they are mixed in with their feed. Further, there have been no reports of emergency room visits from people eating oleander leaves. Mr. Guzman advised that an ordinance could be drafted, but without a penalty clause, it could not be enforced.

DISCUSSION RE CROSBY PROPERTY:
City Manager Gary Esplin advised that the City still owes the Crosby family $850,000 of the $2.5 million it paid for their property by the Dixie Center. He suggested that $850,000 plus estimated City costs be put into an escrow account with a title company and have the property released to the City, with accrued interest returned to the City.

St. George City Council Minutes
July 6, 2006
Page Eleven

The result will be 30 useable acres. The City could then build a road and install improvements as well as sell a piece of the property to help pay for Town Square improvements. The City has agreed to name the roadway the ?Jesse Crosby Parkway?.

The meeting then adjourned.




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Gay Cragun, City Recorder