City Council Minutes

Thursday, October 19,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 19, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order at 4:10 p.m. and welcomed all present. The pledge of allegiance was led by Scout Casey Moore, and the invocation was offered by Council Member Whatcott.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in the audience to introduce themselves.

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

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

AWARD OF BID:
Consider award of bid for 477 ACSR Hawk Connector - 38,000' on 6' reels.

Purchasing Manager Connie Hood advised that Northern Power submitted the low bid in the amount of $44,840.

MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Northern Power, in the amount of $44,840.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CHANGE ORDER:
Consider approval of the Middleton Wash change order.

Purchasing Manager Connie Hood recommended approval of a change order with Carter Burgess in the amount of $46,944.66

MOTION: A motion was made by Council Member Gardner to approve the change order.
SECOND: The motion was seconded by Council Member Bunker.

City Manager Gary Esplin explained that the change order is for the boardwalk section which had to be redesigned. The change order is for design engineering. The bid for the actual work on the trail has already been awarded.

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

AWARD OF BID:
Consider award of bid for the Main Street Bridge at the Confluence Trailhead.
Purchasing Manager Connie Hood advised that two bids were received. One met the requirements of the lead time and the other did not. She recommended award of the bid to Continental Bridge (Contech) in the amount of $249,860.

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City Manager Gary Esplin commented that the bid is no guarantee on price - as soon as the bid is awarded, the vendor will see if they can find a bridge. The real question is if the City Council wants to change the opening date of the bridge. If so, the bids can be redone with a completion date of April, 2007.

Council Member Gardner commented that it would not be acceptable to postpone the opening date.

MOTION: A motion was made by Council Member Bunker to award the bid to Continental Bridge in the amount of $249,860.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONTRACT:
Consider approval of a professional services contract with Campbell & Associates for design services for the maintenance building at the new Fields Park.

Purchasing Manager Connie Hood recommended approval of a contract with Campbell & Associates for design of the maintenance building at the new Fields Park in the amount of $12,660.

Leisure Services Director Kent Perkins advised that the reason the same design for the maintenance building at the Canyons complex was not used is because the City had to ask their permission to use the design again, and the fee was more than if it was redesigned.

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

AWARD OF BID:
Consider award of bid for construction of the Main Street bridge.

Purchasing Manager Connie Hood recommended award of the bid for the actual construction portion of the bridge project to the low bidder, Progressive Contracting, in the amount of $167,026.64.

City Manager Gary Esplin explained that the bid is for the abutments and actual placement of the bridge on the abutments.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Progressive Contracting, in the amount of $167,026.64.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Whatcott inquired how much the federal government would pay toward the project.

Budget and Financial Planning Manager Deanna Brklacich replied that FEMA will give the City whatever the cost is to build the bridge back to its pre-disaster design. At that time the bridge was 84' long. The City now needs a 206' long bridge which costs $121,000. We will received 75% of the cost from FEMA, or around $91,000. The remainder of the costs will be paid through use of state assistance and City funds.

City Manager Gary Esplin commented that the flood widened the channel to 200', and the City must now deal with it. FEMA will not participate in any additional costs. The new bridge will be sturdy enough to allow the sewer department to cross it with its equipment for clean-outs on the other side, but it is not being built so a person could develop and use the bridge as an access. The location of the bridge is being moved to

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the east in order to accommodate a future road from the freeway. There is also room for a developer to put in his own bridge.

Mayor McArthur mentioned that a good Eagle Scout project would be to make a monument to the flood from a portion of the old bridge.

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with Carter Burgess to design a roundabout at 400 East Tabernacle.

City Manager Gary Esplin explained that the road has been built so if the City Council wants to install a roundabout it can be placed on top of the existing asphalt and the roadway would not have to be torn up.

Council Member Gardner inquired if the roundabout were not built, if there would be a permanent four-way stop at this location.

City Manager Gary Esplin replied that there would not be a four way stop at this location because of the proximity to St. George Boulevard.

Council Member Whatcott expressed concern with the close proximity of two traffic lights to the roundabout.

City Manager Gary Esplin replied that the roundabout would slow down the traffic.

Council Member Orton commented that he would like to see a traffic model and how the roundabout would work with two traffic lights in close proximity.

This item was tabled.

ORDINANCE:
Consider approval of amendments to the backflow prevention ordinance.

Water Services Director Barry Barnum explained that the ordinance remains the same except for the new requirement that deals with mobile spraying devices on vehicles. A backflow device must be installed on the truck.

Mayor McArthur stated that this issue was discussed in a work meeting and backflow prevention is important for the community as there have been cases where people have been poisoned.

Council Member Orton clarified that the requirements have changed for businesses, but not residential.

Mr. Barnum replied that none of the requirements have changed for residential. An inspection of the vehicle for a backflow device will now be required when a business applies for or renews its business license.

Council Member Orton commented that the City will do a backflow campaign to educate the citizens on the importance of backflow prevention.

Mr. Barnum advised that staff has plans for an education campaign and will bring back to the City Council its plan.

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



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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.

TAX INCENTIVE AGREEMENT:
Consider approval of a tax incentive agreement with Sylarus Technologies Inc. for location of their new facility in the Ft. Pierce Economic Development Area.

City Manager Gary Esplin explained that in order to induce companies to locate within
the Ft. Pierce Industrial Park, it is recommended that an incentive be offered through the RDA to rebate some of Sylarus?s taxes for a specified period of time. He proposed a five year agreement with a 100% rebate the first year, and reductions of that amount thereafter. The length of the EDA is 15 years.

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.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that public hearings have previously been scheduled before the City Council for November 2, 2006 at 5:00 p.m. to consider (1) approval of an amendment to the General Plan to change the land use designation of LDR to PO for property located west of River Road at about 1800 South, south of an LDS chapel and west of Quail Valley subdivision, and (2) a zone change from R-1-10 and OS to PD for Las Colinas on 52 acres located south of Pioneer Road adjacent to the Calvary Church.

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 2, 2006, recommended approval of four final plats.

Council Member Gardner declared a conflict of interest with regard to two of the final plats.

Mr. Nicholson advised that the final plats are for Corner Stone, the Ledges Phase 7, the Ledges Phase 1, and Sun River Phase 27. All plats are in line with the preliminary plats.

MOTION: A motion was made by Council Member Orton to approve the final plats.
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:
Consider approval of a conditional use permit for an in-home preschool for up to 12 children in a residence located at 1461 West Geronimo Street. Lisa Mace, applicant.

Planner Ray Snyder explained that the applicant proposes to have a preschool in her basement. A state license is required for a preschool that exceeds 2.5 hours a day, but the applicant proposes only two hour sessions. The applicant also requests permission to have 12 children. If she had eight or less, a conditional use permit would not be needed. She would like to hold two two-hour classes on Monday, Wednesday and Friday from 10:00 a.m. until noon, and then again at 1:00 p.m. until 3:00 p.m., with the possibility of classes on Tuesdays. The Planning Commission recommended approval on a four to three vote subject to the following conditions:

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1. A final fire inspection is required prior to operation. The applicant shall comply with all Fire Department conditions such as the posting of fire escape routes, smoke alarms, etc.
2. The applicants shall work with the neighborhood to mitigate any drop-off and pick-up issues.
3. Car pooling is to be encouraged with parents.
4. A security fence with a locking gate shall be installed in the rear yard (as presented at the Planning Commission meeting).
5. Lawn is to be installed as proposed by the applicant (as presented at the Planning Commission meeting).

Mr. Snyder advised that both letters in support of and in opposition to the request have been received. He then showed slides of recent improvements.

Lisa Mace, applicant, stated that if she had known what problems her request would cause, she would never have requested the conditional use permit. She stated that she has a business license for an engraver which is used for craft shows and friends and family. She stated that her neighbors are upset with the number of vehicles in which are parked in front of her home, but she has teenagers who drive. One car is parked on the City easement, which they are planning to move. She stated they have an antique pick-up which they are in the process of moving. The backyard and sideyard are not complete, but significant progress has recently been made. A trampoline in the backyard will not be part of the preschool. At the Planning Commission meeting she was asked if she thought the boulders in her backyard posed a safety issue, and her four year old plays on them all the time and there has never been a problem. Grass will be planted along the bottom of the backyard. Neighbors expressed concern about parent volunteers not having credentials and qualifications to be in the preschool, but parents do not need credentials to volunteer at schools. As far as traffic concerns, it was suggested at the Planning Commission meeting that she would stand at the end of the grass and take the child out to the parent so that any traffic generated would only be there for a few minutes during the sessions.

Council Member Bunker inquired if Mrs. Mace if she or a parent volunteer would escort the children out of the car and walk them down to the preschool. If this were the case, it might create a bottleneck.

Mrs. Mace replied that in her opinion as a certified teacher, she has dealt with a lot more than 12 children at one time and does not see that as an impossibility to control.

Council Member Bunker commented that the access for the children was gravel. She inquired if there was a drop-off between the boulders and the next property.

Mrs. Mace replied that there would be grass between the boulders and the wall.

Mayor McArthur advised that he had a list of those wishing to speak in opposition to the request, and he requested that they limit their remarks to three minute each.

Charles Thompson advised the Mayor that he had no authority to limit remarks to three minutes. He distributed binders of information to the Mayor and Council and commented that he objected to the time limitation. He advised that some of the neighbors have the impression that the City is in favor of the request and will approve it. There is a lot of anger in the neighborhood over the fact that for the past two years the Maces have been nightmare neighbors and seem to be without the ability or background to understand neighborhood responsibilities, and obeying laws and codes never enter their minds. He stated that whatever condition the City Council imposes, they will not live up to it. He stated Mr. Mace told him that he intends to build up his business and quit working. In addition to their laser engraver, their woodworking business fills three garages, and that is why none of their cars are stored in the garages. When the garage doors are open you can hear the machines and buzz saws. He stated


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that this was not a hobby and is a problem for the neighborhood. Their front yard has been a junk yard and the antique car is a junk car and has been parked for months.

David Hunter, an attorney retained by members of the neighborhood because of safety issues, stated there are often six vehicles parked in front of the Mace?s home. This poses a problem when people are dropping off their children. The property is located on a blind corner making it difficult to see, and he expressed concern that a parent might be in a hurry when dropping off his or her child. He stated the neighbors wanted to make sure the neighborhood is kept safe. In addition, the shop poses concerns because of the storage of chemicals and hazardous materials. The garage doors are often up in the summer when Mr. Mace is working in the garage. He inquired if there was a way the children could be monitored and kept from entering the garages and being injured. There is a drop-off below the boulders in the backyard. While the applicant indicates the trampoline will be off-limits, his concern is that it is located next to a block wall that kids have used to walk on. He stated that the applicant indicates that volunteers will be used, but they sometimes can be scary and not reliable. He stated that several photos in the binder indicate ordinance violations. He also expressed concern with what looked like a fuel tank in the back of a truck.

Tom Bailey stated that he lived across the street from the applicant. He emphasized that all the issues in the photos have existed for about two years, with no seeming interest in cleaning up the mess. However, now that the Mace?s are coming to the City for a permit, magically things have begun happening. He stated that if the daycare is clean and safe and good for the neighborhood he will not object to it. He stated that he does not object to the pre school per se but wants the City Council to look at the issues raised in the binder.

Mayor McArthur inquired of Mr. Bailey if he had reported the problems to code enforcement.

Mr. Bailey replied that he had and has had good response from code enforcement.

Chandi Wilson commented that she lives across the road and sees the Mace?s dog out. Her main concern is for the school standards.

Andrew McKenzie advised that he lives on Navajo Drive and can look into the Mace?s backyard and see their trampoline. He stated that one day a young girl about ten years of age got on the wall and jumped back onto the trampoline, then bounced off the trampoline and barely got away without any serious injuries by falling into the rocks which are nearby. He stated he would not want his young children playing in that environment. He advised that there is at least a five foot drop-off to the wall on the back which adjoins the neighbor?s property.

Chris Hunter stated that her children went to preschool in their neighborhood, and it was done exactly the same way the applicant proposes. She stated that she was a parent volunteer and it was a privilege to spend time with her child. She stated she appreciated the opportunity to have a preschool in the neighborhood and not in a commercial area. She stated that she drives by the applicant?s home five to six times a day and it is no different than the surrounding homes.

Carrie Heaton stated that she lives on Navajo and has been in the applicant?s home many times. She stated she moved into her home at the same time as the Maces and the Mace?s landscaping is farther along than hers, and many others. Her children have been at the Mace?s many times and there have not been any problems. She stated she will be referring her nieces and nephews to the Mace?s preschool. She stated that her youngest, who is now eight, went to a neighborhood preschool that had a lot more traffic and more children than the applicant is requesting. She stated that as far as the cars which are driven by the Mace teenagers, they will be in school and the cars will not be at the home when the children are there for preschool. She stated that Mrs. Mace has been teaching for a long time and is a wonderful teacher.

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Mike McGregor commented that his wife ran a daycare in Salt Lake City and he thinks it would behoove the neighbors to get together and discuss the problems and solve them amicably.

Charles Thompson commented that some of the photos show the junk that has been stored at the Mace?s home. He commented that Geronimo has two blind curves and the Mace?s dog is a problem because it has stalked people and sneers at them and barks. He stated that the height of the rocks to the drop off is four feet at a minimum and is dangerous. He stated that Geronimo has 12-14 homes on it and a majority of the residents are at the meeting. He stated that the fence which is being constructed by the Mace?s has poles which are 10' high, and the Maces do not have concern for anyone else. He stated that any conditions set by the City Council will be violated. He stated that he loves his neighborhood, except for the Maces.

Chandi Wilson stated that all homes on Geronimo have back-out driveways which pose a major safety concern.

Mrs. Mace commented that she has tried not to allow this to make her feel like she is being personally attacked, but she does feel that way. She stated they have a laser engraver, and woodworking is just a hobby and they are not trying to pursue it as a business. The old truck will be taken care of as they are trying to sell it. She stated she felt parents have the right to come to the preschool and not be required to pass tests to be allowed to be there. She stated that there are not any fuel tanks on the property. When showed a picture of the item, she replied that it was an old pot-bellied stove. She said she took personal offense at being called a nightmare neighbor and was not given any CC&Rs when they purchased the home as it was a foreclosure bought from the bank. When code enforcement has visited, they have always done what was required to bring the property into compliance. She stated she has never had the neighbors come to her and say they are violating any codes. When she submitted the application for the conditional use permit she spoke with a few neighbors about it, but did not go to everyone. She said she is more than willing to speak to anyone who will speak to her kindly, but she does not want to be called ?white trash? or treated unkindly. The boat is now in storage. The dog is not allowed outside without a family member since it was made known she is a problem, but the dog does not charge or chase people. If a parent has a problem with the landscaping or what is happening, they do not have to bring their child to that preschool, as that is their option.

Mayor McArthur inquired if the applicant was required to have additional insurance when a preschool is being operated in the home.

Deputy City Attorney Paula Houston advised that additional insurance was not required.

Mrs. Mace clarified that the fence between her home and Mr. Thompson?s home is their fence, not the Thompsons, as they paid for and built it and Mr. Thompson never offered a dime in assistance.

Council Member Whatcott inquired of Mrs. Mace how many children from the immediate neighborhood would be attending the preschool.

Mrs. Mace replied that there were not a lot of children in close proximity, but they would be coming from the Bloomington area and possibly Bloomington Hills.

Deputy City Attorney Paula Houston advised that after listening to the evidence and identifying specific concerns, the City Council has to look at mitigation and any reasonable conditions which can be imposed to eliminate those concerns. This is required in order to allow the use. If the City Council cannot come up with reasonable conditions to eliminate the concerns, then the request should be denied.




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Council Member Orton commented that it would be difficult for him to vote in favor of the request until staff conducted an inspection of the premises and made a recommendation.

Council Member Gardner commented that the conditional use permit could be approved because concerns have been identified and the applicant cannot open for business until mitigation is complete and verified by staff.

Council Member Orton replied that due to the amount of evidence he would prefer to hear from staff before making a decision.

MOTION: A motion was made by Council Member Orton to table the request until an inspection of the premises is made by staff and a recommendation is made.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Bunker suggested a site visit be made.

Council Member Gardner commented that previously neighborhoods have expressed concerns about preschools locating in their vicinity, but invariably the impact has been far less than any of the neighbors gave hype to. He stated that while he was not trying to minimize neighborhood concerns, he felt badly the issue was so divisive and venomous in the things that have been said. He stated he hated to prolong it in the sense that the same result would come about if the City Council indicated what the conditions were to be and made sure they happened before a certificate of occupancy was given.

Planner Ray Snyder commented that the applicant is allowed eight children without City Council approval.

Council Member Bunker commented that when this issue was heard by the Planning Commission, they were divided because of safety and traffic issues, and that is one of the reasons she would like a site visit. She commented that she hated to approve something where children were at risk.

Deputy City Attorney Paula Houston suggested the City Council identify what the concerns are such as traffic and safety and impose any conditions.

Council Member Orton commented that safety covers a majority of the issues of concern, including traffic and the condition of the garages.

Council Member Bunker commented that this particular street is rounded and the apex is where this home is located.

Council Member Gardner commented that his concern is simply where the point of drop-off for the children will be. If the driveway is cleaned off, that area becomes available.

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 and the item was tabled.

Council Member Allen suggested that Code Enforcement Officer Brad Young visit the site to assure the concerns of the City Council have been addressed and those of the neighbors have been alleviated.

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Fire Chief Robert Stoker commented that he would visit the site with zoning and building department personnel. The City follows state recommendations for daycare.

Council Member Whatcott commented that he had no problem with the preschool at this location as Geronimo is a public road, but he did have a concern about the children?s safety.

City Manager Gary Esplin advised that he would schedule this item for a work meeting.

Mayor McArthur called for a five minute break. Upon conclusion of the break, the meeting resumed.


PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment to the St. George City Code to allow high density residential development as a conditional use within the C-2, C-3 and C-4 commercial zones. Dan Lofgren, Cowboy Partners, applicant.

Community Development Director Bob Nicholson explained that this amendment is a follow-up to Mr. Lofgren?s presentation to the City Council concerning the possibility of a housing development in a commercial location. The City?s current code does not allow for this unless it is a caretaker dwelling. The ordinance amendment was prepared as a way to enable the project. He then read the proposed amendment with the following conditions:

Residential units in the C-2, C-3 and C-4 zones subject to the following conditions:

1. Property must have frontage on a collector or arterial street.
2. The residential units must be all new construction and not conversion of existing buildings.
3. Twenty percent (20%) of the private lot area must be in landscaped open space.
4. Maximum building height shall not exceed four (4) stories above sidewalk grade.
5. Parking shall meet the requirements of Chapter 19, however, units designed for only single occupancy may have a parking requirement of 1.5 spaces per unit, or as otherwise approved by the City Council upon recommendation of the Planning Commission.
6. The subject property must be within one-half mile to many of the daily needs of residents such as groceries, medical offices, stores, restaurants and related facilities and services.
7. Project density is flexible and will be determined by the City Council upon recommendation from the Planning Commission. Density will be based on such factors as building design, traffic capacity, and overall compatibility with the surrounding neighborhood.
8. The subject property must be a minimum of one thousand feet (1,000') away from any single family residential zone.
9. A management plan for the operation of the residential complex shall be submitted to the Planning Commission and City Council for their review. The plan must include a copy of the rules for tenants living in the building. The rules must specifically require all tenants to keep all areas of the complex which are visible to the public neat and orderly, free of clutter and debris, including bicycles, clothing, boxes, etc. No items may be stored in an outside area, including on balconies, courtyards, patios or other semi-private areas that are visible to the public. Clothes lines which are visible to the public are not allowed.
10. Buildings must have varied roof lines and varied wall planes which include balconies, decks and other features which provide visual interest to the building. A building materials board showing the exterior building materials and colors shall be submitted along with a colored site plan and building elevation drawings for approval by the Planning Commission and City Council. Building elevations shall be shown for all four sides of every building.


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11. Permitted Uses: The property may only be used for multiple-family residential uses including household pets. No other uses, including residential treatment facilities are allowed.

Mayor McArthur commented that a PD would provide more control.

Mr. Nicholson replied that the PD ordinance would have to be amended and another set of hearings would be required in order to change the zone from C-3 to PD.

Council Member Gardner inquired if this could be done simultaneously.

Mr. Nicholson replied that if it were done concurrently it would still take six to eight weeks.

Mayor McArthur commented that the City Council has to look out for what?s best for the City as a whole to protect the community.

Scott Safford, representing Cowboy Partners, advised that Dan Lofgren is his partner. He stated that St. George has a need for workforce housing, and a similar project has been done successfully in Salt Lake City and addresses a specific housing need. He suggested that the proposed ordinance amendment be separated from the proposed project. He stated he has in mind the project he wants to do in St. George and has applied for tax credits. It has been hard to make low income projects work in St. George because rents are historically high and land is expensive and construction costs are high. The tax credit program is a federal program to push the rents down. It is not for subsidized housing. It is for targeting wage earners such as someone at Albertsons who makes $7 an hour or a first or second year school teacher or mechanic. The program is designed so that someone will pay 30% of their income on rent. As a condition, they must pay their rent every month, pass a credit check, and pass a criminal background check. All applicants are screened. One and two bedroom units are being considered. With regard to open space, this is an urban project in a location close to work and necessary services. 20% landscaping is proposed, but this is high for open space in a project of this type. The project is not targeting families, but this is not to say that families don?t need this type of housing. This project is just one installment in what St. George needs.

Council Member Gardner inquired how the policies would be policed.

Mr. Safford replied that inspections of the units are made monthly. Cowboy Partners is a for-profit company and they want to keep the project as nice as possible. The properties are managed tightly in order to keep them nice. There will be on-site management. The project is targeted to wage earners with a specific rent. Income is verified. A four story building is needed.

Mayor McArthur inquired of Mr. Safford is he was opposed to a PD.

Mr. Safford replied that the City Council must do what?s best for the City, and he is here to tell the City what financially they need in order to make the project work. He stated that he would like to keep the project moving forward as the application for tax credits has already been submitted and the opportunity will go away next year.

Mayor McArthur opened the public hearing.

Myrna Stout applauded the City for considering a project such as this and encouraged 30% landscaping to soften the look of the large building. As far as not being able to convert existing buildings, one of the things discussed for the downtown area is having studio apartments built on the upper levels of retail buildings, and this provision would preclude that. She stated she loved the idea of using a PD Commercial zone as this would give the City the most control as there will be a large impact to surrounding neighbors and community. She wondered if a proximity requirement to mass transit

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should be included. She advised that her daughter lives in the Liberty Metro Apartments and is very pleased. She encouraged underground parking for facilities such as this, thinking that the number of cars would detract from the attractiveness of the building.

Council Member Whatcott suggested that a proximity requirement to mass transit be added. The City is already working on a different type of zone for housing in the downtown area.

Mike McGregor commented that the cost of infrastructure for fire fighting needed to be considered. The City should identify the maximum density in overall areas so that zones are not created where all these people accumulate which potentially could create a blight zone in 30-50 years.

Jim McArthur suggested the matter be considered as a PD rather than a wholesale change to the commercial zones. He suggested that out of courtesy and consideration to everyone who owns property in commercial zones, they should be invited to offer their input. He suggested that the matter be tabled. He stated another concern is if a blanket overlay zone is granted, there will be treatment centers, youth homes, etc. who may come in and pressure the City for these zones, and a PD zone would be better at determining the socio and economic balance of a neighborhood. He suggested that a board be formed to address the issues. He stated that the parking requirement should be two spaces per unit, and encouraged 30% open space. He stated he hoped what the City Council decided would be a positive benefit to the community. He stated the proposed Cowboy Partners project is a good project, but the location needs to be addressed.

Community Development Director Bob Nicholson advised that the parking requirement is two spaces per unit except for single occupancy units where the requirement is 1.5 spaces per unit.

Mayor McArthur inquired if there was a way to limit the number of cars allowed.

Deputy City Attorney Paula Houston replied that there was not a way to limit cars.

Gloria Shakespeare commented that there is already plenty of affordable housing in the downtown area. 80% of Dixie Care and Share patrons live in the downtown area. She expressed concern with the applicant?s management plan and what will happen when Cowboy Partners sells the project and someone else takes over. She stated that low income project housing is being town down in New York City because they are ridden with crime. A socio-economic balance is crucial. She also expressed concern with setting a precedent allowing the downtown to become the low cost housing area for the City. She commented that a community can only be as healthy and strong as each neighborhood allows it to be.

Council Member Gardner inquired of Mrs. Shakespeare if one of these projects would qualify anywhere between the black ridges.

Mrs. Shakespeare replied that only mixed use projects would be beneficial. She inquired why St. George had to provide all the workforce housing in the County.

Dan McArthur advised that his family has property in the area being discussed and he is concerned about the impact the project will have on the area. He then read a letter from Angelo Gaspare, the owner of the Albertson?s shopping center, suggesting that a new commercial zone be created to permit this type of project. Mr. Gaspare also expressed concern that his parking lot would become the parking lot for this facility.

Ross Taylor commented that the concept had merit, but some areas would be positively and negatively impacted. He expressed concern with the management as management can change and the City does not want to get in the business of code enforcement of CC&Rs. A PD project needs a definite management concept built into it so that if

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management changes the values, limitations and standards remain. They should be well-defined and legal so they aren?t discriminatory.

Royden Wittwer commented that if someone is making $20,000 a year, this would be $500 a month for rent, not $300 a month. He expressed concern about parking. He stated he liked the PD concept and suggested that all nearby property owners be notified of the issue as they will be affected.

Rick Adams agreed that a PD is the approach to use. He stated that he had a client who invested in government subsidized housing, and after 15 years the project got so bad that it was torn down.

Georgia Barker commented that at the Vision Dixie meeting, a comment was made that a lot of people who wanted high density really did not like what they saw, and they talked about the importance of setting values for what is desired. She stated that the proposed project sounded like low income housing rather than workforce housing. She questioned the density and inquired how many people would live in each unit.

Community Development Director Bob Nicholson replied that it is proposed that most of the units be limited to single occupancy.

Georgia Barker commented that she liked the requirement for two parking spaces per unit and suggested the project be considered for the Sunset Blvd. or Green Valley area.

Scott Safford replied that the Gateway project has some condo units selling for $400,000 right next to an apartment project, 50% of the units of which are designed for low income, affordable workforce housing. He stated that the best way to make a great neighborhood is to mix all kinds of housing. St. George?s downtown area is big, and this project is just the first installment. He stated he suspected there were others looking into putting market rate housing in the downtown. Part of the deterioration of the downtown has been because of suburbia. The proposed ordinance is looking at an installment of need to create a zone that can financially work. Low income tax credits last for only so long and when they go away someone will come in and do a conversion to high end housing. He stated he hated to see the City so scared that it does not provide any housing for the workforce. Many projects have been renovated after the tax credits end. He stated that society has to provide a place for workforce people to live and the downtown is an excellent location because it provides ease of access to needed services. It is a balancing act trying to make an affordable, attractive project with the right amount of parking. The things being proposed are from experience. The Liberty Metro apartments have a turnover rate of 100% a year, and all units are occupied with a significant waiting list. There is a huge need for this type of project. Mr. Safford commented that low income and affordable housing have negative connotations. This is workforce housing at a targeted lower rent. There will be less crime in the area because of the project, and the occupants will want to park on site for security reasons.

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

Council Member Whatcott commented that in his mind this project is separated from downtown residential because of the location. If this project were proposed for the corner of Tabernacle and Main or 100 South, there would be a totally different set of criteria. He stated he felt a PD was a better vehicle to deal with the issue and he felt this should be pursued and the proper criteria put in place so the project can move forward.

Deputy City Attorney Paula Houston advised that in order to pursue a PD zone the request would have to be denied.

City Manager Gary Esplin advised that the ordinance would have to be amended to allow PD residential in commercial zones.



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Community Development Director Bob Nicholson advised that the time frame could be shortened if the necessary actions could be piggy-backed. The PD code would have to be amended to add criteria, public hearings would have to be held, and the zoning map will have to changed. He stated he was not sure this could happen concurrently.

MOTION: A motion to deny the request and pursue a PD amendment was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Gardner, who commented that it would be expeditious for the City and applicant to try and complete the steps necessary concurrently.

City Manager Gary Esplin clarified that by requiring a PD designation for these types of projects, each project will be considered on its own merits.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur called for a break. Upon the conclusion of the break, the meeting resumed.

PUBLIC HEARING/RESOLUTION:
Public hearing to consider approval of the Parks and Recreation Master Plan by resolution.

Mayor McArthur announced that this item has been under consideration for some time, and a committee was formed to study the issue and make recommendations. He then read the names of the committee members.

Jan Streifel of Landmark Design presented a power point presentation on topics including completed activities, community profile, results of the survey, neighborhood park definition, existing neighborhood parks, community park definition, existing community parks, neighborhood parks in new development areas, recommendations and actions, the City?s role, most used recreation facilities and programs, most desired activities and facilities, existing recreation facilities, key issues, community arts, trails, and next actions.

Mayor McArthur opened the public hearing.

Ed Baca complimented the Mayor and City Council on having one of the finest Leisure Services Department in the country. He urged the Mayor and Council to move forward in having developers support project improvements, and to adopt a plan for system improvement to be financed through impact fees.

Mike McGregor commented that the equestrian community is being forgotten.

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

City Manager Gary Esplin commented that the committee has done a great job putting together the master plan but further discussions are needed with regard to the financial aspect of the plan. The next discussion will be with regard to impact fees.

Mayor McArthur read the resolution adopting the parks and recreation master plan.


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Council Member Gardner commented that he also felt there were limited options for equestrian trails, but it is still part of the dialogue.

Council Member Bunker commented she felt there needed to be more work in the arts area.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendment to the St. George City Code to allow cheerleading, dance and tumbling instruction as a permitted use in the M-2 zone. Ryan Forbes, applicant.

Community Development Director Bob Nicholson explained that the applicant operates Raglan Coast Cheer and approached the City with a proposal to have an instruction facility in the Millcreek industrial zone which is zoned M-2. The Planning Commission recommended approval of an amendment to the M-2 zone to make cheerleading, dance and tumbling instruction a permitted use in the M-2 zone.

Ryan Forbes, applicant, explained that he and his wife are the cheer coaches for Dixie College and have been teaching throughout the community for a long time. A building meeting the cubic height requirement has been difficult to find, but one has been found on the corner of Deseret Drive and 3150 East with 25' high ceilings. Classes will be taught from 3:00 p.m. to 10:00 p.m. A traffic study has not been done, but the traffic will mostly be drop-off and pick-up traffic. 3150 East will be utilized as the entrance and Deseret Drive will be used for the exit to keep the traffic flowing.

Council Member Whatcott commented that while he was not opposed to the request, he was concerned about operation from 3:00 p.m. until 10:00 p.m. He inquired what would happen if the operation expanded to run from 9:00 a.m. until 5:00 p.m. creating lots of traffic in the manufacturing zone.

Deputy Attorney Paula Houston commented that the City Council must look at the use to determine if it is in harmony with the overall purpose of the manufacturing zone. It may be, but there will need to be conditions to address safety issues, hours of operation, etc. When a new use is added to a zone the City Council should look to the general purpose statement for that zone, and that is the whole point of setting what kind of activities can be done in a zone.

Council Member Whatcott commented that if this use is allowed in a manufacturing zone, where will the line be drawn as to what cannot be located in a manufacturing zone.

Deputy City Attorney Paula Houston advised that this is the danger in getting away from the purpose statement of the zone.

Mayor McArthur commented that he was not sure the use was compatible in the industrial zone, and the City is trying to get away from conditional uses.



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Council Member Gardner commented that when the City Council has looked at these issues before, they have been granted to accommodate the request.

Council Member Orton commented that there is a dance studio in the industrial park, and the City has placed its SOBs in the manufacturing zones.

City Manager Gary Esplin suggested the matter be tabled in order to discuss it further.

Council Member Orton commented that he was not sure the City Council had ever been told that the uses should be consistent with the manufacturing zones.

Ryan Forbes advised that currently he is renting space from Dixie College and teaching 60 kids. He has looked at other locations, but none have the height required.

Mayor McArthur opened the public hearing.

An unidentified man commented that he used to own a school of gymnastics in Mesa, Arizona, and the manufacturing zone is the only place the applicant can go because of the ceiling height requirement. He urged approval of the request.

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

MOTION: A motion was made by Council Member Orton to table the issue.
SECOND: The motion was seconded by Council Member Allen.

Council Member Bunker explained to Mr. Forbes that the purpose of tabling the matter was not to deny the request as the City Council does understand the height requirement, but approval of the request could open a can of worms.

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

RESOLUTION:
Consider approval of a resolution adopting fees for City GIS maps.

City Manager Gary Esplin explained that the City has a good aerial photography program and would like to charge $250 for an aerial map. This is less than the market price and will help pay for its costs.

MOTION: A motion was made by Council Member Whatcott to approve the resolution.
SECOND: The motion was seconded by Council Member Bunker.

Support Services Manager Marc Mortensen explained that a full aerial set consists of seven to eight discs of the entire City. The charge for a portion which may include 10-30 subdivisions will cost $50.00. Hard copies will still be sold at cost.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a lease purchase agreement for 911 Vesta Meridian equipment.


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Page Sixteen

City Manager Gary Esplin commented that staff recommends approval of a lease which will allow the City to bill other communities each year for their portion.

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.

REQUEST FOR REASONABLE ACCOMMODATION:
Consider a request for reasonable accommodation for a group home at 600 East 194 South for up to 12 unrelated individuals. Pamela DeWitt, applicant.

Mayor McArthur commented that public comment was received on this issue at a previous City Council meeting a month or two ago, so no public comment will be held this evening.

Deputy City Attorney Paula Houston read a summary of the City?s findings, as follows:

The request for a reasonable accommodation at 600 East 194 South St. George, Utah:
Applicant filed a request asking the city to allow her to have a maximum of 12 unrelated people at her property at 600 East 194 South in St. George, Utah for the purpose of operating a group home for recovering drug and alcohol addicts. Her program is called Stepping Stones. Many of the applicant?s clients are participating in the felony drug court program. This means their felony charges are held on the condition they comply with the court rules. If they successfully complete the court program, their charges are dismissed so they won?t have a felony conviction on their criminal record. A manager lives in the main house and has his own room. Eight recovering addicts, two per bedroom, would also live in the main house. The converted garage is being used for individuals involved in family drug court. An adult and two children live in the garage apartment.

Historical facts about property:
This home was used as a bed and breakfast after the previous owners obtained a conditional use permit. The owners were allowed to use all five (5) bedrooms as guest rooms. There are also five (5) bathrooms in the main house. The city council allowed the attached carport/garage to be converted to a one bedroom manager?s apartment but specifically prohibited it from being rented as a separate residence. Four uncovered paved parking stalls were approved on the property. The conditional use permit did not specify how many individuals could occupy the home, but the manager?s apartment was the only area designated as a residence.

Applicant?s stated need for accommodation:
Applicant stated the program is needed because:
a. Of the high number of drug and alcohol arrests made in St. George (drugs-1170, DUI-234, Intoxication-431 in 2005) and the number of people involved in drug court;
b. Community needs to accommodate such people;
c. Recovering addicts often have no other place to go;
d. Recovering addicts need a support system;
e. Recovering addicts need a safe environment in which to learn basic life skills;
f. Need low rent; and
g. Felony charges dropped if they complete the program which makes it easier for the person to get a job, an apartment and be a productive member of society.
Applicant stated the program needed to be in this area because:
It is close to the court (8 blocks);
It is close to Dixie Care and Share and other support services (8-12 blocks);
It is close to the library (7 blocks);
Many clients don?t have driving privileges and need to be within walking distance of services; and
If they had to move to an outlying area, it would be a substantial hardship.
Applicant stated twelve (12) unrelated individuals need to be allowed to live in the home because:

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Of the number of addicts applying to live in the home;
Of the high number of drug and alcohol arrests made in St. George (drugs-1170, DUI-234, Intoxication-431 in 2005) and the number of people involved in drug court;
Recovering addicts are considered disabled under the Federal Fair Housing Act;
A bed and breakfast was allowed five (5) guest rooms and the manager?s apartment;
A lot of the residents don?t have cars (only two currently have cars);
They do not pose any ?out of the ordinary? risk to the community;
The men live in a separate home from the women so no domestic problems;
Required to be clean and sanitary;
Required to be drug and alcohol free; and
Request is necessary and constitutional

Council?s Consideration of Request:
Is the request reasonable:
This neighborhood is an older traditional family neighborhood zoned R1-8. The home is located two blocks from an elementary school and one block from a college. It is the intent of this zoning to provide appropriate locations where low density residential neighborhoods may be established, maintained and protected. The regulations are intended to prohibit uses that would be harmful to a single-family neighborhood. A family is defined by city ordinance as ?a group of not more than four (4) persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.? While the applicant does not propose altering the appearance of the property, applicant?s request violates the city ordinance because they would like to have up to twelve (12) unrelated persons living on this property. This home, although configured with a manager?s apartment, is a single family home and, under the city ordinances, must be used as one residence. This means, all persons living in this home must live as a ?single housekeeping unit.? Ten or eleven adults living in one residence as a single housekeeping unit is significantly different from having two adults and a number of children living in a home.

Traffic and parking are the first two immediate impacts likely to increase as a result of so many adults living in one home. Traffic and parking can have a significant impact on a neighborhood. Adults are more likely to have cars that need to be parked on the property or on the residential street. Applicant claims that many of their clients will not have vehicles so traffic and parking are not an issue. They indicate in their information that two of their current clients have cars. From this statement, the city council concludes that any or all of the clients, in addition to the manager, could have cars. This means there could be 11 cars coming and going from this one residence which is significantly more than most single family homes. This intense use is similar to college housing where the city requires the apartment owner to provide one parking place for every renter in addition to parking for each staff person living on site even though some students many not actually have a car. The applicant presented no plans on how to address this issue merely arguing that the prior business was allowed six parking places, four on the property and two on the street. Guests staying at a bed and breakfast do not create as intense a use as permanent residents. First with only five guest rooms, if all the rooms were full, there would only be six (6) cars, including the managers, instead of eleven (11) as is possible for the applicant. Second, a guest tends to come in for the night and leave in the morning while a resident makes many trips in the day as they go to work or school, go to the store, go to therapy, go to a group or other support organization. When you multiply each trip by the number of adults living in the home (ten (10) or more) to account for each persons? trips in the vehicle a significant impact is created. It creates congestion in the neighborhood and safety concerns for the children and other pedestrians crossing the streets in the neighborhood. It also impacts the appearance of the neighborhood when so many cars are parked in one area causing the area to lose the look and feel of a low density neighborhood.

The next impact and concern is the large number of adults congregating in one area. Again, when ten (10) or eleven (11) adults congregate in a front yard on a regular basis, it changes the look and feel of the low density neighborhood. It begins to feel and look like a public gathering place or a multi-family neighborhood. The neighborhood no

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longer feels family oriented. Children, and even adults, are often intimidated by a large crowd of adults gathered together.

Is the accommodation necessary:
Applicant did not provide the city with any information on why they believe they need twelve (12) unrelated individuals to live at this residence. The applicant stated the need was shown by the number of individuals asking to live in the home. Applicant also stated that the group home provided a support system for the recovering addicts. The applicant operates a second group home in St. George in which she lives along with her representative, Kevin VanHouten and two other individuals. Other group homes also exist in St. George.

In weighing the detrimental effects on the low density residential zone and the need for the group home, as discussed above, the city council finds that the applicant failed to show a need to override the city ordinance by allowing eight (8) more unrelated individuals than are currently allowed by ordinance to occupy the home. Twelve (12) unrelated individuals living in this home would significantly change the look, feel and character of the low density zone. However, the city council finds that given the layout of the home, the parking available to accommodate off street parking without significantly changing the character of the neighborhood, along with the benefit the support system provided to residents of the home, an accommodation of two (2) additional unrelated residents, for a total of six (6) unrelated individuals, should be granted. This accommodation is for the applicant only, and does not run with the land and is not transferable to another entity or party.

Ward Marshall, representing the applicant, suggested that if the City Council wanted to continue the matter, he would supply them with a brief so he can present what the Federal Fair Housing Act implies.

MOTION: A motion was made by Council Member Orton, based on the findings, to allow two more people than the ordinance allows, for a total of six unrelated people to reside in the home, including the manager.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur clarified that the six unrelated people includes the manager.

REQUEST FOR REASONABLE ACCOMMODATION:
Consider a request for reasonable accommodation for a group home at 99 West 300 South for 11 unrelated individuals. Scott Cannon, applicant.

Ward Marshall, representing the applicant, commented that a request for reasonable accommodation is being made based on the Federal Fair Housing Act. St. George?s drug court is overburdened and indigent people need reasonable accommodations. People who are in drug court are defined as being handicapped under the FFHA; this includes recovering addicts. Other jurisdictions have granted requests for 8-12 individuals which is in excess of the typical zoning ordinances. He met with Deputy City Attorney Paula Houston to address the issue of relegating people to live on the edges of industrial sectors or areas which are not family-type areas. The FFHA recognizes that these unrelated individuals are to be treated the same as a family of related individuals, therefore a reasonable accommodation is a modification or waiver of the rules, practices, policies or services when necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. The Act places an affirmative response on local governments to provide reasonable accommodation when a zoning change is necessary. The applicant must first exhaust all administrative remedies when discrimination occurs and then they can pursue the matter in district court. One of the things that triggers the FFHA is what is referred to as NIMBY (not in my backyard). Opposition from the neighbors is not enough justification for a city to reject a zoning request, even if the cause is parking, drainage, or sewer. The City Council has been discussing affordable housing all evening.

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These people are required to be working but many of them have had their driving licenses suspended and are in drug court. Not all are in drug court, but a majority are.

Gloria Shakespeare commented that this home just barely got its occupancy certificate this summer, yet it has been used as a group home for longer according to police records and the problems the police have dealt with. A packet previously provided shows the various police reports dealing with people living in this facility. She questioned the integrity of the owner or manager in the way they manage the facility. Another issue of concern is parking as this has been a problem at this residence. It is not a violation of the FFHA to raise this concern and ask the applicant to respond. Valid unaddressed concerns justify denial of the application. Between safety issues that have already been documented and also the parking problems, she requested that the City deny the request.

Ross Taylor advised that the FFHA indicated the city cannot discriminate against anyone, but it also does not protect persons who currently use illegal drugs or those who have been convicted of the manufacture or sale of illegal drugs, or those who are a threat to a person or property of others. The FFHA says that a local government may be restrictive of groups as long as the restrictions are imposed equally on all such groups. A family is defined as up to four unrelated persons under the City?s ordinance. People with disabilities are to be treated the same as others. The concept of reasonable accommodation comes under the law of the Americans With Disabilities Act and the reasonable accommodation needs to be related to the disability and not the community situation. As he listened to the need for the reasonable accommodation, there has to

be a reason driving it that is related to the disability. He stated that to request 10, 11 or 12 individuals was unreasonable.

Sandra Melville commented that she lives on the other side the home in question. She stated that she has found drugs on her property. She then read a letter to the City Council written by her daughter with regard to how she has been negatively affected by the Cannon group home during her teenage years and has felt unsafe in her own yard and home. She stated that their family deserved some consideration to feel safe.

Ward Marshall said that he appreciated the misunderstandings that are stereotypical in these types of situations. He said that NIMBY triggers equality and fair treatment for people not enjoying a handicapped situation in their life. He stated it was the responsibility of municipalities to undertake a reasonable accommodation with regard to disabilities, including the kind of disability the tenants in these group homes have.
Local governments must make reasonable accommodations necessary to give people with disabilities equal housing opportunities and must change or waive zoning rules to offer people with disabilities housing and allow group homes to be established. Courts recognize that a reasonable accommodation is a necessary part of equal opportunity, and the same laws do not affect everyone in the same way. He stated that if the City Council wanted him to brief the issue and cite federal cases tried in courts across the nation, he would be happy to do so. The remedies available to people who are handicapped and have been discriminated against include filing a discrimination compliance case with HUD and to apply to the state ombudsman for protection of private property rights, which he has done. The state ombudsman indicates that he will mediate or arbitrate or force the City to undertake its obligations. He advised he could also pursue a discrimination case in the district and federal courts.

City Manager Gary Esplin recommended that the matter be taken under advisement and ask legal staff to analyze the information presented and report back to the City Council with the findings.

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

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Page Twenty

RESOLUTION:
Consider adoption of a resolution identifying a preferred alternative for the Red Hills Parkway improvement project.

Jennifer Bassett Hales, representing the consulting firm for this project, presented a power point presentation on a five lane alternative, a seven lane alternative, the northern corridor, and summary of issues raised by the public. She recommended support of the five lane alternative. Based on the preliminary analysis, she said that while the five lane alternative is not the ultimate solution, it will meet some of the demand and improve the situation and is the most feasible to implement. Ultimately this is a federal project so the City will not be making the final decision, but the City?s support will help make that decision. By selecting the preferred alternative before issuance of the draft EA, only the five lane alternative will be analyzed in detail in the EA.

MOTION: A motion was made by Council Member Allen to approve a resolution identifying the five lane alternative as the City?s preferred alternative.
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 Bunker - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

ADJOURN TO RDA MEETING:
MOTION: A motion was made by Council Member Allen to adjourn to a Neighborhood Redevelopment Agency meeting.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
RECONVENE:
MOTION: A motion to reconvene was made by Council Member Whatcott.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE:
Consider approval of an ordinance adopting the Ft. Pierce Community Development Project Area #1.

MOTION: A motion was made by Council Member Whatcott to approve the ordinance.
SECOND: The motion was seconded by Council Member Orton.
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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held September 28, 2006.



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Page Twenty One

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.

PUBLIC COMMENT:
Mayor McArthur inquired if there were any public comments.

Craig Alan Sheets advised that he was from Orange County, Californias and was traveling around the country to advise that the DEA is trafficking meth. He made a plea to end officials? involvement in drug trafficking.

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




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Gay Cragun, City Recorder