City Council Minutes

Thursday, July 5,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 5, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Mayor McArthur and the invocation was offered by Pastor Paul Ditoro.

TABLE ITEMS:
Mayor McArthur advised that item 3A, a public hearing to consider a zone change from R-1-10 to PD Commercial on 3.90 acres located at 1300 East on 900 South Street was tabled from the agenda, along with items 6F, to consider acceptance on the certification of the Property Reserve, Inc. annexation petition and 4B to consider approval of an ordinance abandoning a section of Heritage Drive .

City Manager Gary Esplin advised that a committee has been formed to review uses in the Little Valley area and make a recommendation to the City Council. This will be presented at the July 19 City Council meeting.

Mayor McArthur explained that item 4A to consider approval of an ordinance adopting a temporary land use regulation for the Little Valley area is the official action to establish a minimum zoning of two units per acre as discussed at the City Council work meeting.

City Attorney Shawn Guzman clarified that the temporary zoning regulation says that the zoning in Little Valley is two units per acre, and if anyone wants zoning that is more dense, this would not be accepted until the City Council makes its decision on changes to the Zoning Ordinances.

AWARD OF BID:
Consider award of bid for optical ground wire for the 138 kV transmission line.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of the bid to the low bidder, HD Supply, in the amount of $87,862.19.

MOTION: A motion was made by Council Member Orton to award the bid to HD Supply in the amount of $87,862.19.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for chip seal oil.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of the bid to the low bidder, Paramount Petroleum, in the amount of $257,661.17.

MOTION: A motion was made by Council Member Bunker to award the bid to Paramount Petroleum in the amount of $257,661.17.
SECOND: The motion was seconded by Council Member Gardner.

Ms. Hood advised that last year?s usage did not exceed this amount.

Mayor McArthur advised that the streets being sealed are designated on the City?s web page.

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

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APPROVAL OF AMENDMENT TO CONTRACT:
Consider approval of an amendment to the contract with Carter Burgess for services on the replacement airport project.

Purchasing Manager Connie Hood advised the amount of the contract is $424,975.

City Manager Gary Esplin advised that the City is now receiving next year?s grant so it can increase the contract amount to the full scope of the work.

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

BLANKET PURCHASE ORDER:
Consider award of a blanket purchase order for tech/professional consulting services.

Purchasing Manager Connie Hood recommended award of a blanket purchase order with Puchski Geo Consultants in an amount not to exceed $75,000 for the year.

Water Services Director Phil Solomon explained that the City used Puchski Geo Consultants the last two years to help establish the GIS system. It is more economical to use them than to hire two or three employees.

MOTION: A motion was made by Council Member Bunker to award the blanket purchase order to Puchski Geo Consultants in an amount not to exceed $75,000 for the year.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ORDINANCE:
Consider approval of an ordinance adopting a temporary land use regulation for the Little Valley area.

City Manager Gary Esplin explained that this item is the result of a discussion held at the last City Council meeting.

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

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance abandoning a section of Heritage Drive.

City Manager Gary Esplin advised that a new law requires abandonment of a street to be heard by the Planning Commission so this item is being sent back to them and tabled from the agenda.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a haunted house. Brent Martin, applicant.

Brent Martin, B&B Productions, applicant, explained that he had a haunted house in St. George in 1996 at Main and Tabernacle, and would now like to do one in the Red Cliffs Mall parking lot. He advised he would be using storage containers and semi trailers for 35 days
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occupying 70 parking stalls between Ruby Tuesday?s and Dillards. He advised he has a letter of approval from the mall and will have an inspection by the Fire Department.

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

City Manager Gary Esplin recommended approval subject to inspection by the Fire Department.

Laura Woolsey, Business License Officer, advised that the special event will be held in addition to the six events allowed every six months at the Red Cliffs Mall. The ordinance limits special events to six consecutive days within a six month period, but the City Council can grant approval for more than six days. This will be the only special event at the Red Cliffs Mall during the month of October. She advised there would still be plenty of parking, and the event will be held in the evenings.

Council Member Orton requested to see a map of the site.

CLARIFIED MOTION: Council Member Gardner clarified that his motion included inspection and approval by the Fire Department.
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:
Cathy Hasfurther explained the Planning Commission recommends approval of the following final plats: The Legacy Phase 13 and Kachina Springs East Phase 3. The plat for Green Valley Number 4 has been tabled.

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

Cathy Hasfurther explained the Planning Commission recommended approval of the final plat for the 1450 South roadway dedication.

City Attorney Shawn Guzman explained that this plat is for the new alignment of 1450 South on River Road. The City does not yet have the mylar and wants to make any approval subject to legal review of the plat.

MOTION: A motion was made by Council Member Gardner to approve the plat subject to legal review.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called fora vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a new building up to 48' high for the Washington County Water Conservancy District in an Open Space zone at approximately 500 East Red Hills Parkway. Washington County Water Conservancy District, applicant.

Community Development Director Bob Nicholson showed slides of the area and a fly-by. The proposed office building is three stories at 48' to the highest point. It will be 23,815 sq. ft. The subject property is zoned Open Space and is located west of the City yards and the animal shelter on the north side of Red Hills Parkway.

Mayor McArthur commented that the site is located east of the present entrance to the animal shelter.

Mr. Nicholson explained that the road will be moved. Kim Campbell is the architect. 96 parking spaces are proposed. A modification to the site plan is required as right now the parking is located within the City?s right-of-way.


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Council Member Allen commented that BarbaraHjelle downloaded the fly-by program off the internet for free, so there should be no further excuses from developers that they cannot afford to do fly-bys.

Mr. Nicholson advised that City traffic engineering recommended the additional access not be included.

City Manager Gary Esplin commented the additional access would be the last access in the area and he was not sure it would be a big issue.

Mayor McArthur commented that he did not want the entrance to a public building to be hidden.

Council Member Orton commented that he would hate to take action on the item without looking at the site.

Mr. Nicholson advised that the building levels are stepped back.

Council Member Gardner commented that the WCWCD addressed many concerns by blending the building into the topography and moving it off a high point.

Mr. Nicholson commented that the Planning Commission recommended approval subject to: (1) if the HVAC equipment is not roof mounted and a ground source is instead provided, then the parapet wall on the roof shall be removed and the overall roof height shall be reduced as a result; (2) signage shall be by separate permit; (3) the applicant shall submit a site plan review application along with civil plans to the Development Services Department for review and plan checking; (4) include a landscape plan in the SPR, including street trees per City ordinance and xeriscape; and (5) include a photometric plan in the SPR, including lighting in foot candles and demonstrating that night sky style lighting shall be used. Recommended traffic conditions are: (1) install one new 50' roadway and abandon the existing roadway; (2) a second driveway on Red Hills Parkway shall not be permitted unless an alternative crash gate on a driveway is installed at the request of the City Fire Chief; (3) the roadway shall be designed to comply with the ultimate ROW for Red Hills Parkway; (4) meet the requirements of the City Traffic Engineer; and (5) all signing and striping shall conform to City and MUTCD standards. He advised that the City Council can approve the use and building and let staff resolve the site plan issues or bring those back to the City Council. He advised that only monument signage is allowed.

Council Member Orton commented it was critical to keep this partnership and for the WCWCD to locate there.

MOTION: A motion was made by Council Member Orton to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Allen.

Council Member Bunker commented she struggled with the request because the building would be visible from the freeway and encroaches on the Red Hill and open space. She stated she was concerned about building anything on the Red Hill, and for that reason could not agree with it.

Council Member Orton commented that years ago the City may have made mistakes by allowing other buildings on the Red Hill.

Mayor McArthur commented that the area was already disturbed.

Council Member Bunker inquired if other buildings would be built on the Red Hill.

City Manager Gary Esplin replied that this is the boundary of use because of the desert habitat. The City Council would be setting the western boundary with this action.

Mayor McArthur commented that the WCWCD is a partner with the City Water Department, and he felt the proposed public building fit.


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July 5, 2007
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City Attorney Shawn Guzman inquired if the City Council wanted to allow the second access, as the Planning Commission recommended that it not be approved.

Council Member Orton replied that the second access was not included in his motion.

Mr. Nicholson commented that the site plan can come back to the City Council for approval.

Council Member Gardner commented the City Council would not need to see it if the second access came off the side road.

City Manager Gary Esplin commented that parking would need to be taken off Red Hills Parkway.

AMENDED MOTION: Council Member Orton amended his motion to include a provision that the City Council would not need to see the site plan.
SECOND: The motion was seconded by Council Member Allen.

Mayor McArthur clarified that the City Council would not need to see the site plan for landscaping, parking and access. However, if a second access was desired, the site plan will have to come back to the City Council.

Council Member Orton commented that before he made a determination with regard to the second access, he wanted to hear from the City traffic engineers.

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

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

The motion carried.

Council Member Allen commented that it has been mentioned to her several times by people who have had plats approved that they did not know signage needed separate approval. She suggested that staff emphasize this to all applicants and let them know up front.

PROPERTY EXCHANGE:
Consider approval of a property exchange between the City of St. George and the Washington County Water Conservancy District.

City Manager Gary Esplin explained that the City is proposing a trade with the Washington County Water Conservancy District of property on the Red Hill for their office building for an existing office building they currently occupy. It is considered to be a straight-across trade.

MOTION: A motion was made by Council Member Gardner to approve the property exchange.
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 again advised that item 3A, a public hearing to consider a zone change from R-1-10 to PD Commercial on 3.90 acres located at 1300 East on 900 South Street was tabled from the agenda.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for expansion of the Valor Hall private school in an R-3 zone at 631 South on 1100 East Street. Tena Raleigh, applicant.

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John Willis advised that the applicant would like to construct additional classroom space, and multipurpose space. They are deficient in parking, but have a shared parking agreement with Harmons which was approved by the Planning Commission. Harmons has more parking than it needs.

City Attorney Shawn Guzman advised that the City has not received a copy of the shared parking agreement.

Community Development Director Bob Nicholson explained that the applicants provided a site plan showing a gate.

Mr. Willis advised that the gate is at the back of the property and opens directly to Harmons rather than through the park.

Council Member Bunker inquired if the conditional use permit runs with the property.

Mr. Nicholson replied that it did.

City Attorney Shawn Guzman clarified that it would run with the property if the use remains the same.

Mr. Willis advised that four parking spaces were approved through the Planning Commission.

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

Council Member Allen inquired if the motion was contingent upon a parking agreement.

Council Member Gardner clarified that it was contingent upon legal approval of the parking agreement.

HILLSIDE DEVELOPMENT PERMIT:
Cathy Hasfurther explained the permit is for a development on Netta?s Knoll and is a clean-up item. The Planning Commission heard this item in November, 2005 and decided to table it and do zone changes. It now needs City Council approval. The project is on top of the knoll below Foremaster Ridge. The Hillside Review Board decided the access could be widened to accommodate units on top. Landscaping has to be low water use xeriscape.

Council Member Allen inquired if the trail would be connected to the City trails.

Ms. Hasfurther replied that a portion of the City trail at River Road was washed out during the flood, but there will be a connection to the Virgin River Trail to Riverside Drive.

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

AGREEMENT:
Consider approval of an agreement with Bowen Collins to develop a plan for the next expansion of the wastewater treatment facility.

City Manager Gary Esplin recommended award of the contract to look at expansion of the wastewater treatment plant. Since the plant was built new technology has been developed, and it may be that a few new things can be added to get some additional capacity and expand the life of the facility significantly.

Water Services Director Barry Barnum advised that the capacity of the facility was doubled nine years ago. It is currently running at 9.5 million gallons a day, and its capacity is 16-17 million gallons a day.

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

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to PD Commercial on 3.90 acres located at 1300 East on 900 South Street. Neil Glauser, applicant.

This item was tabled.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendments to Title 10, Chapters 5, 6 and 12, St. George City Code, to add provisions for commercial horse stables in the Agricultural, Mining and Grazing, and Open Space zones

Council Member Gardner declared a conflict of interest and stated that while he may reserve the right to make comment, he would not vote. He then left the stand.

Community Development Director Bob Nicholson explained that this issue applies throughout the City and could solve the issue in Bloomington. Because of issues with commercial horse stables, staff made an attempt to regulate commercial horse boarding in the agriculture, open space and mining and grazing zones. This has nothing to do with private stables. In the A-1, A-5 and A-20 zones permitted uses and conditions were created for each zone. A-20 and Mining and Grazing are similar in that each require a minimum of 20 acres for a residential lot. There are a few properties zoned A-20 in the Washington Fields and Little Valley areas. There is property zoned Mining and Grazing in the Ledges area. Permitted uses include a requirement for minimum lot size of three acres, a minimum separation buffer of 300 feet for stables or stalls and a minimum of 100 feet for any area which adjoins a residential zone which prohibits the keeping of large animals. The buffer distances may be reduced where the adjoining property owner agrees in writing and it is recorded to run with the land. There is a maximum of 12 horses per acre not to exceed 50 horses. The applicants shall submit a plan showing how they will prevent excessive odors, dust or a nuisance affecting adjoining land uses. The maximum of 50 horses is a permitted use, but there is no cap with a conditional use permit. 50 is an arbitrary number, and if the Council is not comfortable with it, they can adjust it.

City Attorney Shawn Guzman advised that one of the difficulties in drafting the ordinance was with the Mining and Grazing zone near the Ledges - there is a lot of property and not many homes. There is also an Open Space situation in Bloomington. There are many different categories and circumstances, and that is why staff wants to keep the cap low so each specific area can be looked at.

Council Member Orton inquired if commercial agricultural uses were now allowed in agricultural zones.

Mr. Nicholson replied that they were. A private party could have 120 horses on 10 acres in an agricultural zone. With regard to the A-1, A-5 and Open Space zones, a minimum lot size of three acres is required, with buffers. The owner of the stable shall submit a plan outlining steps to mitigate nuisances. With a conditional use more than ten horses per acre would be allowed, with the same buffer, with a maximum of six horses per acre not to exceed 40 horses. The Planning Commission recommends approval. Neighbors suggested that an on-site water source be required to control dust, and staff recommends this requirement be added also.

City Attorney Shawn Guzman advised the neighbors in Bloomington want to know if the City is going to require the commercial horse stable to have parking stalls with a hard surface parking area and road. They also wanted to know if the owners? horses would be counted in the overall count. He suggested that if the owners? horses are included, the cap should be lowered accordingly. The stable owners have requested permission to board 80 horses, and he stated he thought this included their own personal horses.

Community Development Director Bob Nicholson suggested that any source of water be considered for dust control.


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City Manager Gary Esplin commented he struggled with requiring an on-site water source. All the City is concerned with is dust control, no matter where the water is obtained. The real key is putting teeth in the conditional use permit so the operation could be shut down if it did not conform to the requirements.

City Attorney Shawn Guzman inquired if a water truck would be acceptable.

Mr. Esplin replied that flexibility should be allowed in order to meet the conditions of the ordinance.

City Attorney Shawn Guzman advised in that event, there are chemicals that can be put on the road for dust control, rather than requiring the owners to pave it.

Mr. Esplin commented that asphalt and horses do not mix, and the real issue is how to enforce the conditional use permit - through an order to cease operations or through the courts.

Mr. Guzman replied that it could happen either way.

Council Member Orton commented that if a stable is boarding 100 horses, to think that they could just cease operation is not realistic. He stated he felt there were too many unanswered questions.

Mr. Guzman replied that dust, flies and odors are nuisance problems and can be handled like any other nuisance problems.

Council Member Whatcott commented that the procedure for abating nuisances is long and drawn-out. He inquired if there was some way to place the responsibility on the applicant, rather than a long drawn out process through the legal system.

Mr. Guzman replied the responsibility was already on the applicant. However, the City would have to go through the system to abate a nuisance. He suggested that in the cases where stables are located near homes, fewer horses should be allowed as it would be easier to abate a smaller number of horses rather than trying to have 60 horses removed.

Council Member Whatcott inquired how the process could be changed so the onus is on the person requesting the permit rather than the City.

Mr. Guzman replied that the only thing the City could do would be through code enforcement ordinances. There is no way to avoid having to go through the legal system and give the applicant due process.

Community Development Director Bob Nicholson suggested that the City Council consider adopting provisions for the A-20 and Mining and Grazing zones only, and defer the others for additional study.

City Attorney Shawn Guzman commented that generally the neighborhood alerts the City if there are nuisances, but a provision could be included in the ordinance that requires inspections for those with conditional use permits.

Mayor McArthur opened the public hearing.

Ryon Gardner, applicant, commented that he sees the need for buffers but he has a problem with the number of animals permitted. He requested a higher number be allowed in order to have enough animals to be able to pay for the facility. More animals would mean a nicer, cleaner area and more money for maintenance and nicer facilities. He stated that someone can have 12 of their own animals per acre, and if they had 20 acres this would mean they could have 240 animals, rather than limiting it to a maximum of 50 animals just because it is commercial. He stated it would be better if the number of animals correlated with the acreage.

Council Member Orton replied that the City Council can allow any number it wants with use of a conditional use permit. The limit is only on permitted uses.

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Mayor McArthur commented that the City Council is looking at the entire City, not just Mr. Gardner?s application.

Larry Gardner commented that their request had nothing to do with the request in Bloomington. Their preference is to deal with the issues separately. Ryon is requesting that the number of animals allowed in ag zones be adjusted to be consistent with normal use and be considered a permitted use, without need for a conditional use permit.

City Attorney Shawn Guzman commented it was his concern that this would change the use to a commercial operation, even in the mining and grazing zone, and the City Council must look at the City as a whole, even in this case. The Gardner property is not that far away from the Ledges? homes and this could affect placement of the arena. The City?s concern is that the commercial use could still impact residences, even in mining and grazing and ag zones.

Larry Gardner commented that a large piece of property could accommodate a lot of horses, but supporting facilities would still be needed, and 12 horses per acre is not excessive according to the space relative to the use.

Council Member Whatcott inquired if there was a reason the City Council could not make 12 horses per acre a permitted use on property zoned for 20 acre minimum lot size.

Larry Gardner commented that staff felt the best place to put commercial horse stables was in the mining and grazing and ag zones, and he agreed. But then an arbitrary cap of 50 horses was added. The use either fits or it doesn?t, and in his opinion the use fits nicely. He asked the City Council to not handicap the facility so that it could not function.

Council Member Orton replied that the City Council must be careful as it does not want a problem in the future.

City Manager Gary Esplin commented that the focus of tonight?s action is the ordinance, and not consideration of individual requests, as they cannot be considered until and unless the ordinance is changed.

Larry Gardner commented that the use should be a permitted use somewhere in the City, and it makes sense in the mining and grazing and ag areas. The proposed facility will sit on 20 acres, which is part of a 230 acre parcel.

Council Member Whatcott commented it appeared that the problems would be with the A-1 and A-5 zoning.

City Attorney Shawn Guzman commented there was no magic to the number 50, and the City Council can decide if that number is appropriate or if it needs to be tweaked.

Council Member Whatcott inquired why a cap was needed.

Council Member Orton commented that the Gardner?s area was a great area for the proposed facility and that 12 horses per acre was not excessive.

City Attorney Shawn Guzman commented there are homes approaching mining and grazing and A-20 areas. He inquired how close the arena would be to the nearest home. He stated this was why staff is trying to craft something that will work for everyone.

Council Member Whatcott inquired if the ordinance should be based on the amount of acreage or number of horses.

Mr. Guzman replied it should be based on the buffer.

Larry Gardner commented that these are different issues, and the City Council has to determine the number, then determine the setback.

Mr. Guzman replied that the buffer for arenas would have to be further back from certain zones.

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Larry Gardner suggested that if an arena is less than 300 feet from a home, it could be permitted with written permission from the adjoining property owner.

Mr. Guzman replied that subsequent property owners may not agree. He stated staff is trying to balance all rights and desires of the community and make something work with reasonable protection to adjacent property.

Larry Gardner inquired if it would be acceptable to consider sites separately.

Council Member Orton replied there would have to be a minimum size acreage.

Larry Gardner commented if someone had six acres and a setback of 300', the setbacks would overlap by 50' from every side. The setbacks would not even allow them to have one horse. The setback should be from the one side where there is an adjoining differing use.

Ryon Gardner commented his facility would butt up against a future road. The existing arena is not part of the proposed project.

Larry Gardner suggested the permitted use be the same as in the regular ag zone, and the setback be established at 200' rather than 300' to allow use of the property.

Gary Kuhlmann, representing Delray and Connie Jackson, stated the proposed ordinance is a step in the right direction and is needed. He stated he understood enforcement frustrations, but this ordinance is a zoning ordinance and what should be considered is if it is an appropriate use. The ordinance makes a distinction between commercial and non-commercial horses but nine horses in a commercial setting on three acres does not have as much impact as 36 horses that are privately owned on the same three acres, and therefore the ordinance does not make sense. If the City is looking at what is an appropriate use and best for the neighborhood, it can?t distinguish between commercial and non-commercial horses. Other City ordinances do not have the same restrictions on cows or pigs. If this is applied in the A-1 zone on three acres, someone could have nine cows as long as they are 300' from a residential zone. They could have 12 pigs 50' away from a house. It does not make sense to single out horses. Legislating to solve particular problems is not the way to do it. There is a need for a place for people to board their horses, but acreage is the way to do it. As the acreage goes up, the impacts go down. The City has forever tied the number of animals to acreage because it makes sense. Putting in an arbitrary maximum does not make sense if you want to condition uses on the impacts created. Tying the number of animals allowed to acreage and reasonable distances in order to lessen impacts is the way to do it, but it should be consistent for all animals. He stated he would rather have horses next to his home than pigs. There is a lot of open space according to the zoning map, and 17% is privately owned. The rest is owned by the government and schools. The City Council should look at the number of animals on the acreage, the size of the acreage, proximity, and how the facilities are set up.

Council Member Orton commented there was a big difference between commercial and non-commercial horses. There is a difference between one owner of 24 horses, and 24 owners. This would amount to 24 owners driving cars to the facility each day and this would be a big impact.

Robin Hansen commented that a 300' buffer was not enough. He stated he felt the Gardner?s proposal was a perfect place for a commercial stable because it is traditionally a horse area and is more deserving than creating an area in his neighborhood.

City Attorney Shawn Guzman stated Mr. Gardner said he hoped his request would be considered separately from smaller agricultural and open space parcels, and that it would be appropriate to take action on the larger ag and mining and grazing zones. If the City Council still has questions, the matter should be continued and direction given to staff on what it wants to see. He stated he did not agree with Mr. Kuhlmann because these uses do create problems for the neighbors, and it is appropriate to look at the issue as an enforcement issue. The reason why the City Council is dealing with horses today is because no one has come forward with a request for a pig or cow boarding operation.



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Council Member Whatcott commented that there is a big difference between mining and grazing and open space zones, as open space zones run along the rivers and includes meander ground. They are totally different land parcels. He stated he agreed the City should be dealing with acreage and not the number of animals. If someone is running a ranching or farming operation, this is a commercial use, even if they have private horses. He stated he did believe there would be a problem with A-1 and open space zoning, but not with mining and grazing and large ag zoning.

Mr. Guzman commented that disbursement was a problem, even with 12 per acre, if next to residences. He suggested using a combination of a buffer zone from certain zones and acreage.

Council Member Whatcott suggested the permitted use could resemble a PD to show how it will be laid out.

City Attorney Shawn Guzman commented that a buffer zone from certain zones and a minimum number of acreage in the mining and grazing zone could be used.

Council Member Whatcott commented that he felt three acres was too small. He suggested a minimum of 20 acres.

Larry Gardner commented that there are areas where a conditional use permit is needed, but a permitted use should be allowed on 20 acre parcels.

Council Member Whatcott clarified that anything less than 20 acres would require a conditional use permit. Otherwise, it is 12 animals per acre.

Council Member Orton commented it made sense to continue the matter.

MOTION: A motion was made by Council Member Orton to continue the matter for two weeks.

Council Member Bunker inquired about a 200' buffer.

Council Member Orton replied the buffer would affect anyone who moves in, and the City is requiring a buffer for them.

City Manager Gary Esplin commented that if a 20 acre minimum is set, this can be right next door to R-1-10 zoning. The buffer is important if the zoning is different.

Council Member Whatcott suggested a buffer be required only if adjacent to residential property.

Community Development Director Bob Nicholson commented the proposed buffer is simply to the zone boundary where large animals are not permitted. The buffer would not apply to BLM property.

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

Council Member Allen requested that a zoning map with more detail be provided.

Council Member Gardner returned to the stand.

PUBLIC HEARING:
Public hearing to consider public comment on applications received for funding under the Community Development Block Grant program.

Community Development Director Bob Nicholson explained that under this federal program, the City is required to hold a public hearing to allow applicants to propose projects to the City. A month ago the City held a workshop and met with a number of applicants. Applications were due June 15. Five applications were received from non-profit entities and six from City departments. The non-profit applications are from Dixie Care and Share,

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July 5, 2007
Page Twelve

Habitat for Humanity, Western Region Nonprofit Housing Corp, TURN Community Services, and Color Country Community Housing. These requests total $780,000. The six City projects total $1.1 million. He then introduced David Bates who will administer the CDBG program and has experience working with cities in California.

Mayor McArthur clarified that the City Council will not make a decision but will take the applications under advisement.

David Bates commented that of the six applications from City departments, the City Council already approved five of them at an earlier meeting: the Dixie Downs storm drain, Middleton Park, Dixie Downs firehouse, and CDBG administration. The City Council also approved $200,000 for the down payment assistance program. Staff ranked the applications for the City Council?s review.

Council Member Gardner commented that just because the projects have been ranked and listed, this does not mean an automatic commitment for funding. Also, the City Council may choose not to help some programs it helped last year.

Council Member Allen inquired about an incomplete application.

Mr. Bates replied that it was not significant enough to reject the application.

Council Member Bunker inquired if the City ever funded the Jefferson Park complex.

Mr. Bates replied that it had not. The 50 unit complex is going out of its Section 8 20 year contract, and the Western Region Nonprofit Housing Corporation is trying to buy it so they can keep it for rent-assisted housing. If not, 50 families will be displaced. The applicants will keep it in the HUD program.

Council Member Allen inquired why another $240,000 was being requested for the first time home buyer program.

Mr. Bates explained that the application was for $200,000 to help 20 families, and $40,000 for administration costs. The City funded only the $200,000.

Mayor McArthur opened the public hearing.

Lorraine Lewis, representing Color Country Community Housing, explained that they help many families purchase a first home when they otherwise would not have the opportunity to do so because of their income. Color Country helps lower income families. They have file drawers of pre-approved families who are waiting for funding. 17 families used the program last year.

Dave Johnson, representing Western Region Nonprofit Housing, advised that they are acquiring the Jefferson Park Apartments. Section 8 is a vital part of the housing plan. Their mission is to preserve projects, and this is a great example. The owners of the Jefferson Park Apartments notified HUD that they would be pulling the project out because they could make more money selling it on the open market. Governor Leavitt asked that it be kept in the housing pool, and his company began doing just that. There is a $195,000 funding gap, and this is what they are applying for. They will put a significant amount of rehab into the project and funding it with low income housing tax credits.

Council Member Allen inquired if the residents could remain in the project during rehab.

Mr. Johnson replied that they could. They have acquired 500 units and in every case the families have been kept in place. He advised they hoped to close on July 30 and have it under contract. They have agreed with HUD to keep the project affordable for 50 years. He explained that residents in a Section 8 project pay just 30% of their income for rent. 1/3 of the tenants make less than $5,000 a year and are on social security.

Community Development Director Bob Nicholson advised that he was asked by Jan Park of TURN Community Services to represent them, as she broke her ankle and could not be in


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July 5, 2007
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attendance. They are requesting $150,000 for housing for citizens with disabilities. They are proposing a five bedroom project, and are looking for a site.

Council Member Allen inquired what would happen if a location could not be found by 2008.

Mr. Nicholson replied he would imagine they would lose the funding, but he did not know for sure.

Kara Coop, Director of the Dixie Care and Share, advised that they were overdue for a new facility. They are in the third phase of their original application. They need $25,000 to finish the master plan and begin building design, and $70,000 for blueprints. Capital funds should be raised to begin building within eight to ten months. A site study determined that the current site was the most appropriate.

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

City Manager Gary Esplin advised that funds would be allocated at the next City Council meeting.

PUBLIC HEARING:
Public hearing to consider public comment on the proposed use of Community Development Block Grant funds in the amount of $250,000 for storm drain improvements in the Dixie Downs area.

Community Development Director Bob Nicholson explained that the City has adopted pre-determined ranking points, and housing receives more points. Staff has made recommendations. There is a request from the Police Department, but this was not ranked as high as other projects.

City Manager Gary Esplin explained that it is difficult to make a final determination with regard to allocation of funds, as some requests affect two people, and some affect 100. Staff has made its recommendations based on priorities set with regard to housing first.

Council Member Allen commented that first responder training could be very valuable and is not a lot of money. She suggested it be looked at as part of the City?s budget, and not as a CDBG request.

Mr. Nicholson suggested that paving of roads in the Bowler Ence Marsh Subdivision could wait until next year and the next funding cycle. The recommendation is to defer this request until next year.

City Manager Gary Esplin commented there is a request to use some of the money in the Dixie Downs area to redo a storm drain, for a fourth the cost of the total project. The City has an ongoing program to improve this area and has focused some of its funds on this area this last year and in the coming year.

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

PUBLIC HEARING:
Public hearing to consider public comment on the proposed use of Community Development Block Grant funds in the amount of $191,152 for Middleton Park improvements.

City Manager Gary Esplin commented that the Middleton area is another area the City has focused on, and this recommended improvement is a result of a CAT team meeting with residents.

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

Mayor McArthur advised the City Council would take all the requests under advisement.


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July 5, 2007
Page Fourteen

City Manager Gary Esplin advised that the City can only allocate a certain percentage to non-profit groups.

Community Development Director Bob Nicholson explained that the City can only use 20% of its funds for public services.

Mayor McArthur inquired if there was any public comment from the audience in general, stating that public comment was welcome but no action could be taken on it. There was none.

MINUTES:
Consider approval of the minutes of the City Council work meeting held May 24, 2007.

MOTION: A motion was made by Council Member Allen to approve the minutes as amended.
SECOND: The motion was seconded by Council Member Whatcott.
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 14, 2007.


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

ADJOURN:
MOTION: A motion to adjourn 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.




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Gay Cragun, City Recorder