City Council Minutes

Thursday, July 19,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 19, 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 Gail Bunker
Council Member Rod Orton
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 Council Member Whatcott, and the invocation was offered by Council Member Orton.

Mayor McArthur advised that fireworks would not be banned in St. George, but urged everyone to use caution while enjoying the 24th of July holiday.

Mayor McArthur reported on a Community Action Team (CAT) meeting at the Dixie Center last evening.

Energy Services Director Phil Solomon introduced key employees Dennis Jorgensen, Rod Carter, Brian Jeppson, and Rick Hansen. The Mayor thanked the Energy Services employees for their diligence and expertise during the recent power outage.

AWARD OF BID:
Consider award of bid for police vehicles.

Purchasing Manager Connie Hood explained that staff recommends purchase of five vehicles through the state contract with Ken Garff in the amount of $106,860. 11 vehicles have been approved in the budget. Five vehicles are in stock, and the remainder will be ordered later.

Police Chief Marlon Stratton advised that in comparison to the Crown Victorias, the officers have found the Dodge Chargers to get better gas mileage, they have a better braking system, and are good with cornering and high speed driving.

MOTION: A motion was made by Council Member Orton to award the bid to Ken Garff through the State contract in the amount of $106,860.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for Palmer IV Prelude IV rye grass seed.

Purchasing Manager Connie Hood explained that five bids were received but only three bid the brand and type of seed requested. She recommended award of the bid to the low bidder, Helena, in the amount of $141,680.

City Manager Gary Esplin explained the seed is used to overseed the parks and golf courses.

MOTION: A motion was made by Council Member Allen to award the bid to Helena in the amount of $141,680.
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 cationic polymer.
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July 19, 2007

Purchasing Manager Connie Hood explained that this is a sole source product. She recommended award of the bid to Polydyne in the amount of $108,360. The City?s cost last year was $107,000+. The product is used to treat wastewater.

Council Member Bunker suggested it would be helpful to have explanations for each bid item in the City Council packets.

MOTION: A motion was made by Council Member Bunker to award the bid to Polydyne in the amount of $108,360.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for yellow and white traffic paint.

Purchasing Manager Connie Hood explained that this item is a sole source item through Ennis Paint who is the UDOT state contract supplier. She recommended purchase of the paint in the amount of $41,512.50.

MOTION: A motion was made by Council Member Whatcott to award the bid in the amount of $41,512.50 to Ennis Paint.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for marathon shirts.

Purchasing Director Connie Hood explained that four bids were received. She recommended award of the bid to New Age Marketing who is not the lowest bidder but submitted the best shirt for the best unit cost of $7.49 each for a total of $38,813.18. Last year?s shirts cost $6.50 each. This is a new company, and references were checked.

Council Member Gardner advised that the marathon runner application fees cover the cost of the shirts.

MOTION: A motion was made by Council Member Orton to award the bid to New Age Marketing in the amount of $38,813.18.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF CONTRACT:
Consider approval of a modification to the Brigham Road contract with Horrocks Engineering.

Purchasing Manager Connie Hood advised the amount of the contract is $67,921.

City Manager Gary Esplin explained that Horrocks Engineering is now designing River Road from the interchange to the elementary school. It was determined to try and build an additional road to tie into Flying J. Engineering, design and environmental are needed for the road. Property owners support the new road, but the issue now is the bear claw poppy and the environmental review process. The new road will move the access into Flying J several hundred feet further to the east to allow more stacking distance.

MOTION: A motion was made by Council Member Allen to approve the contract modification.
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 phase two of the 100 West storm drain project.
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July 19, 2007
Page Three

Purchasing Manager Connie Hood explained that four bids were received. She recommended award of the bid to the low bidder, Triwest Construction, in the amount of $1,180,397.

MOTION: A motion was made by Council Member Bunker to award the bid to Triwest Construction in the amount of $1,180,397.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried.

City Manager Gary Esplin explained the project extends from 150 South down Main Street and under the freeway. The completion date is October 1.

AWARD OF CONTRACT:
Consider approval to extend the engineering agreement with Bowen Collins for the Bloomington Hills sewer project.

Purchasing Manager Connie Hood explained the amount of the contract is $63,630.

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

RESOLUTION:
Consider approval of a policy regarding rezoning requests in the Little Valley plan area and implementation of a voluntary density bonus program.

City Manager Gary Esplin advised there was a question whether this action should be done by resolution, ordinance or policy, and the City Attorney determined the need for adoption by ordinance, which will be presented at the next meeting. The Mayor and City Council established a committee to review issues of the master plan for 3000+ acres in Little Valley. The master plan was completed and there is some question concerning the kind of development that can occur in this area. It was determined the intent of the Mayor and City Council in approving the master plan was a base density of two units per acre or RE-20 density. Anyone wanting to develop can apply for half acre lots. There was discussion about small developments and the opportunity for someone to apply for higher density. The committee was charged with the job of reporting back to the Council its recommendations, which consist of three development options: (1) half acre lots; (2) a Traditional Neighborhood Development (TND), without a density limitation based on stipulations and requirements and design standards; and (3) a density bonus program. If a developer wanted to provide 15% of the development in open space, he could get a density bonus of .5 units per acre, etc. A development agreement would be required, which could allow for an equivalent of R-1-10 density based on the amenities provided. This gives the City Council ultimate flexibility to look at each project individually.

City Attorney Shawn Guzman stated that this is just a temporary zoning regulation so that those who want to move forward with their projects can under these conditions. There is more tweaking to be done with regard to smaller projects and TNDs.

Mayor McArthur advised that Jim Eardley asked that his request for a zone change be tabled.

City Attorney Shawn Guzman commented that this temporary policy gives the City Council flexibility to allow a developer to propose alternatives to some of the factors, and flexibility will be built into the final ordinance as well.

Deputy City Attorney Paula Houston advised that with regard to small parcels where it may not be feasible to require a park, a developer can propose alternatives or other amenities, and the City Council can look at these proposals and make a determination if they are appropriate.

City Attorney Shawn Guzman advised that the committee also discussed pocket parks.

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July 19, 2007
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Mayor McArthur advised that pocket parks would have to be public.

Council Member Allen commented it was important to encourage clustering to preserve open space, and clustering should be included as part of the design standards.

Council Member Gardner commented that this new approach allows for large lots and clustering and more open space, and works for existing residents as well as for developers.

Council Member Orton commented that early on in the discussions the City Council indicated it would protect the agricultural zones. He inquired if this was still the intent and included in the plan.

City Manager Gary Esplin replied that through a development agreement a developer will have to provide 15% in open space and the City Council can require large lots adjacent to agricultural lots.

Council Member Gardner commented that lot size averaging allows for a variety of approaches.

Council Member Whatcott inquired why the plan did not address land in public ownership such as landscape strips.

Deputy City Attorney Paula Houston replied that this could be decided on a case by case basis and included within the development agreement.

Council Member Whatcott commented that the plan addresses only land in private ownership.

City Attorney Shawn Guzman replied that the City Council has the flexibility to look at each proposal.

City Manager Gary Esplin advised that the committee recommends that the policy be formally adopted by ordinance at an upcoming meeting. The action today is approving a policy that will guide the application process.

MOTION: A motion was made by Council Member Gardner 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 Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

Council Member Gardner commented that when the focus is on design, the density issues take care of themselves.

RESOLUTION:
Consider approval of a resolution for the Wastewater Self-Assessment Report.

City Manager Gary Esplin explained that the Wastewater Division does a self-assessment every year and is doing an excellent job.

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


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July 19, 2007
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Council Member Allen - aye
Council Member Bunker - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting connection fees for utility services.

City Manager Gary Esplin explained that the City currently does not have a fee for the actual physical connection of utilities to the system. The proposed fee covers the City?s costs. The connection fee for water and power is proposed to be $20 when crews actually have to go out and make the connection, $10 when just the meter has to be read, and no charge for a name change only.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing condemnation of properties at the Replacement Airport site.

City Manager Gary Esplin advised that approval of this item would authorize the City, if necessary, to condemn certain properties at the replacement airport site. The City is under a tight time frame in securing the property, and has already purchased several parcels. Offers to purchase have been made on all the parcels, and it is believed a vast majority of them can be acquired without condemnation. Since the City is using FAA funding, it has to follow their procedures in order to use the funds.

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

Council Member Gardner advised that if the City has to exercise its condemnation power, the property owners will receive market value for their property.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the Tour de St. George event. Ryan Gurr, applicant.

City Manager Gary Esplin explained that the Tour de St. George is a bike race. Staff has reviewed the request and recommends approval. The event was held last year without

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July 19, 2007
Page Six

any major problems. The Police Department will be closing some streets. The race will culminate at the new Town Square and will be a great activity to kick off the opening of the Town Square.

Ryan Gurr, applicant, advised that the event is in October. Main Street will be closed from Tabernacle to 100 South for the staging area. The Tour de St. George is a 100 mile bike ride for charity. He advised he was anticipating 400 riders.

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

City Manager Gary Esplin advised that the applicant is working with Marc Mortensen to tie the race into the Town Square grand opening events.

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

Mayor McArthur called for a brief break.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapters 5 and 6, St. George City Code, to add provisions allowing for commercial stable facilities as either a permitted or conditional use.

Council Member Gardner declared a conflict of interest. He advised he may participate in the discussion, but he would not vote. He then left the stand.

City Planner Ray Snyder explained where the Mining and Grazing and A-20 zones were located within the City. The proposed ordinance is for the A-20 and Mining and Grazing zones only at this time. He then explained the permitted and conditional uses allowed within the zones and the conditions attached to each.

Council Member Orton inquired if the ordinance addressed animals other than horses. He commented that since there would be roping, cattle needed to be included in the ordinance.

City Manager Gary Esplin replied that the applicant would be allowed to have the number of cattle allowed in the AG zone.

Council Member Orton commented that someone could have 240 head of cattle on 240 acres.

Council Member Orton commented he wanted to make sure the cattle were allowed.

Council Member Bunker inquired about reducing the buffer to 200'.

Mayor McArthur replied that the buffer was left at 300'.

Council Member Orton explained the buffer was left at 100' from arenas and 300' from corrals.

Council Member Orton inquired if the ordinance addressed the total number of any kind of animal.

Council Member Orton replied that 12 large animals per acre are allowed in the AG zone. He stated the applicant would be allowed 150 head of horses, and he wanted to make sure that cattle for roping would also be allowed.

Ryon Gardner advised that more than 30 head of cattle would be needed for roping. He suggested that 50 cattle would be better, with 30 at a minimum.

Council Member Orton advised that he wanted to make sure the cattle were used for recreational purposes, and not a commercial feed yard operation. He stated he

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July 19, 2007
Page Seven

personally did not care about the number of cattle as long as they were for recreational use.

Larry Gardner commented that their interpretation was that the default number would be the total number of large animals allowed in the AG zone. As far as animals permanently located on the site, their preference would be to stay within the definition in the AG zone.

City Manager Gary Esplin clarified that the applicant could only have a maximum of all animals combined.

Larry Gardner commented that if he is boarding only his own horses the buffer can be only 100' - if he boards others the buffer has to be 300'. Whether leasing or owning, there is no difference. He stated his preference was to allow the same setback as in AG areas.

Council Member Bunker commented she was thinking along the same lines, and perhaps 200' was a sufficient buffer.

City Manager Gary Esplin commented that there is a difference in use. If the applicant boards 150 horses, then possibly 150 people will come to see their horses.

Mayor McArthur opened the public hearing.

Paul Iverson commented that the City Council decided that a 100' buffer was adequate in the Little Valley area, and it seems to be a double standard to impose a 300' buffer on this applicant. Commercial operations are cared for a lot better than private operations because stalls must be cleaned every day in commercial operations. He stated it appeared the City Council was biased toward agriculture, as every time anything happens with agriculture, the decision is made against it.

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

Council Member Allen commented that a 300' buffer is suggested because of the commercial operation.

Council Member Orton commented that the proposed location is a great place for a commercial operation if the 300' buffer is acceptable.

Ryon Gardner commented that a smaller buffer would provide more flexibility.

Council Member Whatcott commented that he did not have a problem with a 200' buffer.

Council Member Allen inquired why only a 100' buffer was required for an arena as it would create dust when used.

Larry Gardner replied that the arena would not be heavily used. He requested a decision be made tonight one way or the other.

Council Member Allen commented that to her, the arena was more cause for concern than the barn. She inquired about a buffer of 200' for both.

MOTION: A motion was made by Council Member Bunker to approve the amendment by ordinance requiring a 200' buffer for the corrals and 100' for the arena.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

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July 19, 2007
Page Eight

The motion carried.

Council Member Gardner returned to the stand.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1, A-20 and Open Space to R-1-10 on 106.73 acres located between Little Valley Road and the proposed extension of Commerce Drive. Triple Bogey Partners (Burgess, Whatcott, West), applicants.

Council Member Whatcott declared a conflict of interest and left the stand.

John Willis advised that the applicant is willing to use the density bonus program and lot size averaging. The project requires at least one collector roadway with 32' of asphalt width. The applicants propose to use Little Valley Road for access. They will be required to widen Little Valley Road to 32' with asphalt to 2450 South. Staff recommends that they enter into an agreement to participate in 10% of the cost of a traffic signal when warranted, install a trail, and provide a 100' separation between the proposed project and the existing equestrian subdivision.

Council Member Allen inquired how staff came up with 10% participation in the traffic signal, and who else would be participating.

Aron Baker replied that the amount of participation was figured by the amount of delay the project would add to the overall delay at the signal at that location.

Council Member Allen inquired if this requirement was also imposed on other developments.

Mr. Baker replied that it will be as they come in.

Council Member Gardner commented he did not remember that the applicant had to improve Little Valley Road clear up to 2450 South.

City Manager Gary Esplin replied that this is required as part of the City?s concurrency policy.

Council Member Gardner inquired if the request could be approved subject to a forthcoming agreement.

Mr. Esplin replied that it could.

Matt Ence, attorney for the applicants, advised that the key issues related to this development have already been discussed, and the developer has begun working with the City Attorney on a draft development agreement. The applicants are prepared to enter into the agreement provided it is consistent with the ordinance adopted relating to density credits.

Council Member Gardner replied that this is a win-win situation since previously the City Council could not have dealt with such an application. This proposal is more acceptable to the neighborhood and allows for open space and flexibility on lot size, and is a prime example of what the City has been trying to do.

Mayor McArthur opened the public hearing.

Dave Oliphant expressed concern with the zoning as it is currently zoned open space. He commented that rights-of-way for irrigation water would be affected by the new project and this would affect the farmers in the area.

City Manager Gary Esplin replied that there are existing easements which the developers will honor, and if there are changes, they will have to be approved by those using the easements.

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Mr. Oliphant inquired how the easement rights would be affected.

Mr. Esplin replied that this could not be addressed as part of the zone change, but when the plans comes in for development, the developers will have to honor the easements if they are recorded.

Mr. Oliphant commented that he inquired about rezoning his property but was told he couldn?t because it was zoned open space.

City Manager Gary Esplin replied that the City?s policy on open space is that it is a holding zone, and an applicant has every right to ask for a zone change. If the property is located within a floodway, then perhaps the zone could not be changed; but if the property is able to be developed, a zone change is possible. It has not been the City?s policy to say that open space must remain that way. If the property is located outside of the floodway and is able to be developed, Mr. Oliphant has the same right as this applicant to seek a zone change.

Mr. Oliphant advised his property is on the edge of the floodway and inquired when the new study would be completed.

Mr. Esplin replied that Rosenberg is doing the study and he has not seen it.

Mayor McArthur suggested that Mr. Oliphant contact Rosenberg, He commented that Mr. Oliphant would have to comply with the maps, whatever they are.

Paul Iverson commented that in his AG area corrals are located within 50' of a dwelling and most of the corrals in his area are pushing property lines. They can have 12 animals per acre and do not have to have a dust control system and do not have to comply with all the things being required of a commercial horse stable. The previous applicant deserves the same buffer. He inquired about protection of animal rights from people who will complain about a nuisance.

City Manger Gary Esplin replied that this will be part of the development agreement and recorded on the plat, recognizing the uses that are already there.

Council Member Orton advised Mr. Iverson that he was located in an AG-1 zone and was protected.

Paul Iverson commented that he was protected only as far as the City Council, and he was amazed at the people who buy lots without looking at adjacent uses. For example, the people in the Knolls complain about the gravel mining operation which was there long before they were. He inquired if there were a regulation prohibiting people from moving too close to a mining operation.

City Manager Gary Esplin replied that the Knolls issue is a conditional use, and there will be a conflict in this area until it is mined out. He stated he did not know of any federal requirement prohibiting people from moving too close to a mining operation.

City Attorney Shawn Guzman clarified that in an AG zone there is a minimum buffer of 100' from the zone change to the dwelling.

Paul Iverson commented that the ordinance just passed should be good enough for every citizen who has invested money in subdivisions.

City Attorney Shawn Guzman clarified that there will be at least a 100' buffer between the dwelling unit and the R-1-10 zone change, subject to a development agreement until the final ordinance is in place.

Mr. Oliphant stated that open space zones allow only four horses per acre. He inquired about the difference between the open space and AG-20 zone.



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City Attorney Shawn Guzman replied that open space zones are interspersed throughout the City and in the floodways.

City Manager Gary Esplin commented that there is open space in the middle of subdivisions.

Mayor McArthur advised that the City would not want a commercial horse stable in the open space zone next to the Riverside Apartments.

Aaron Prisbrey advised that the developers met with residents in Little Valley and said they were going to put in half acre lots for a buffer, and maybe some horse property.

Council Member Allen commented this may still be the case, depending on what the landowner wants to do.

Mr. Prisbrey commented this was the reason the neighbors were in agreement with the project.

Council Member Orton commented when the preliminary plat comes in the neighbors will have a chance to see it.

City Manager Gary Esplin explained that he was not sure a preliminary plat would be needed, depending on how the property was platted. If it is a subdivision, then a preliminary plat is needed.

Mayor McArthur advised there would be a 100' minimum separation.

Mr. Prisbrey advised that the promise of half acre lots was the selling point to the neighborhood.

Matt Ence advised that the plan is to do multiple phases through the traditional process.

City Manager Gary Esplin advised he was told the larger lots would be located next to the buffer and the lots would get smaller as they went in, but he has not seen the plan.

Council Member Allen commented that the standard in the area is half acre lots. If a developer wants more density than that, he or she has to adhere to the plan presented tonight, and if he or she is not willing to do that, the area remains half acre lots.

Council Member Orton advised that lot averaging is allowed.

Matt Ence advised he was sure the developer was willing to keep his commitments to the neighborhood, and when the plat or plan is drawn up, the neighbors are welcome to look at it.

City Attorney Shawn Guzman advised that if the half acre lots are not spelled out in the development agreement, there is a possibility of it not happening. If the project is sold to another developer, the City wants to make sure they have to adhere to the development agreement.

City Manager Gary Esplin commented that the plan presented contains buffers, and 15%-18% of open space. There is a large buffer in addition to the 100' buffer. There was discussion about the larger lots being placed adjacent to the buffer to the AG zones, but he did not know anything about a commitment to half acre lots. If neighbors are concerned, they need to be present at the City Council meeting when the development agreement is discussed.

Glen Bundy commented he would like to see the 80' road continue on through the south end of the property so new residents do not have to use Little Valley Road and 2450 South that he paid for. He said there was a fugitive dust problem in the proposed project property due to prevailing winds.


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Liz Stevens commented that the developers said they would put in half acre lots, no lots would be smaller than 10,000 sq. ft., and the project would have single family residences.

Mayor McArthur explained that lot size averaging allows some lots to be larger than 10,000 sq. ft. and some to be smaller, but they would average 10,000 sq. ft.

City Manager Gary Esplin explained that the density would average 3.3 units per acre - the equivalent of an R-1-10 subdivision, with open space requirements.

Council Member Allen commented there would be 18 acres of open space.

Liz Stevens commented she was not concerned as much with the open space as what would be built there.

Council Member Allen commented she was sure the developer would take into account the existing agricultural use in the area. The request is for a zone change, and the lot averaging provides for smaller lots for a neighborhood feel. The request will preserve the lifestyle that is already there, and she was sure the developer understands the feelings of the neighborhood.

City Attorney Shawn Guzman advised that the development agreement will come back to the City Council, at which time public comment can be taken. All elements of the agreement will be explained.

Council Member Allen advised she would e-mail Paul Iverson with the date the development agreement is presented, and he can get the word out to the neighborhood.

Council Member Orton commented the developers have heard this conversation, and they are people of integrity.

Liz Stevens commented the developers misled them in the meeting. They said if the neighborhood would come and support the project, that would be great, but it is being presented differently. Lot size averaging was not mentioned. The neighbors are trying to protect their lifestyle, property values and safety.

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

City Attorney Shawn Guzman clarified for the record that the applicants? attorney has contacted him and they have been negotiating back and forth with regard to the development agreement which will incorporate the elements adopted tonight. The agreement is 90% done - there are just a few changes to wording and a couple of small items to negotiate. The applicants are not someone who just came in with a zone change and have been working with the City and agreed in principal to the factors approved tonight. Any motion should be subject to the three factors discussed in the resolution. The agreement will be put in final form for the City Council to review and evaluate whether or not it meets the factors approved. Any motion should be made subject to the development agreement and complying with the factors adopted tonight in the resolution.

Matt Ence advised that so there would not be a misunderstanding, the applicants planned to meet all three factors, but may only want to meet two of them and have less density.

MOTION: A motion was made by Council Member Orton to approve the zone change subject to a development agreement that meets the criteria set forth by the City Council in adoption of the resolution.
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

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Page Twelve

Council Member Bunker - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to RE-20 on three acres located at approximately 2200 South on 3000 East north of the George Washington Charter School. Sam Haslem, applicant.

John Willis advised that this request was originally for R-1-10 zoning, but the applicant revised the request to two dwelling units per acre, which meets the base density set in this area. A master planned trail and 20' easement is needed.

City Attorney Shawn Guzman advised that this zoning would include animal rights.

Council Member Whatcott returned to the stand.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to RE-12.5 on 8.75 acres located at approximately 1800 South on 3000 East. Jim Eardley, applicant.

City Manager Gary Esplin advised that the applicant would like this item tabled.

A man from the audience stated he did not receive notice of the zone change hearing.

City Manager Gary Esplin replied that if the zone change is to less dense zoning, no notice is given. This item is a continuation of a public hearing held and continued from the last City Council meeting. He advised the gentleman that he would need to check the agendas for the date this item will be heard again, as no date has been assigned.

Mayor McArthur advised that the City is not required by law to provide individual notices, but it does so as a courtesy.

City Attorney Shawn Guzman advised that the City?s policy is that the City held the public hearing on the zone change, and the City Council can decide if they agree with the zoning, or the applicant can ask that the zone change be made to a less dense zone. In this case the public hearing was continued and is only noticed the first time. After that it is on the agenda as a continued item.

Mayor McArthur advised that the date it will be rescheduled on an agenda depends on the applicant.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East. Judd Palmer, applicant.
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July 19, 2007
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John Willis advised that staff has not heard anything from the applicant with regard to bonus density.

City Manager Gary Esplin advised that for the record, the City Council recently approved an underlying base density for this area at two units per acre. If the Council wants to consider this zone change, it would have to decide whether the application is in the spirit of the density approved, unless the Council feels there is a good reason why the request should be considered outside of that clarification, and this should be discussed. The applicant has the right to request the zone change anyway.

City Attorney Shawn Guzman advised that it should be kept in mind that when this general plan change was presented, a clarification was made by the Council that the underlying zone was not R-1-10. However, someone is always free to make an application for a zone change.

Mark Fonger, representing the applicant, stated his client was happy with the fact that factors can be negotiated. He inquired at what point in the process a development agreement was needed.

Council Member Orton replied that any approval would be subject to a development agreement.

Mr. Fonger inquired if the items could be separated and the preliminary plat moved forward.

City Manager Gary Esplin advised the City Council, in order to meet the criteria previously established, would have to deny the request for R-1-10 zoning. The applicant could then come back through the process for other zoning or with a development agreement.

City Attorney Shawn Guzman advised that the matter could also be tabled again so he and the applicant could begin working on a development agreement, and then the applicant would not have to start the process over again.

Mayor McArthur commented that the difference between this zone change request and that of Triple Bogey Partners is that Triple Bogey had a plan to present. This request is simply for R-1-10 zoning which does not work in Little Valley.

Mr. Fonger commented that as long as the applicant was able and willing to meet the guidelines in a development agreement, the approval is the same, even though the City Council has not seen anything. The proposal could still be approved.

Council Member Gardner explained that the difference would be the Council would be accepting R-1-10 zoning, when it does not. The Council will accept a development agreement that allows for additional density based on additional open space, etc.

MOTION: A motion was made by Council Member Gardner to table the request and proceed with a development agreement.

The motion died for lack of a second.

Mr. Fonger commented that the development agreement requirement is new, and the applicant is willing to work with the City.

Tim Frei commented that he was willing to work under the guidelines, but he had a problem with tabling the request, as he just received the guidelines yesterday. It would not be fair to make them start over.

Council Member Gardner commented that the City was giving Mr. Frei the opportunity to not start over.


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July 19, 2007
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City Attorney Shawn Guzman stated that the City is committed to work with Mr. Frei to begin the process and come up with a development agreement. The City stands ready to work with him and get it done as soon as possible so the applicant can move forward.

City Manager Gary Esplin advised that if the matter is tabled, the applicant will lose two weeks, and will still have to have a development agreement. But he will not have to go

back through the Planning Commission. Tabling the matter is the easiest way to go for the applicant.

Paul Iverson commented that the City approved Council Member Whatcott?s zone change subject to a development agreement, and should do so for this applicant.

Council Member Gardner commented this was an excellent point, and he would insert this in his previous motion, but still subject to a development agreement.

Mr. Fonger inquired when the development agreement was needed as the policy does not state this.

City Manager Gary Esplin commented this was all semantics, as the zone change would not make any difference until the development agreement was approved. The City Council would not be approving an R-1-10 subdivision.

Mr. Fonger commented that the Triple Bogey request was approved subject to a development agreement. Mr. Frei is willing to work through the development agreement process. He has a plan he feels will meet the requirements, and he suggested approving the zone change subject to the development agreement.

Mayor McArthur opened the public hearing.

Paul Iverson thanked the City Council and stated the residents of Little Valley felt they have been unheard. This new resolution shows the citizens that they have been heard. He stated he could support the zone change subject to the new resolution.

Karen Willard advised she lives in the Washington Fields not too far from the proposed subdivision. She stated the City Council was scary by accepting things without a plan.
She inquired why the applicants did not show their plan if they had one.

Council Member Allen replied that seeing a plan is not a requirement for a zone change.

Ms. Willard stated she was vehemently opposed to R-1-10 zoning in this agricultural area.

Council Member Allen commented the City Council is not going to approve R-1-10 zoning, and a development agreement would be to Ms. Willard?s advantage.

Ms. Willard stated the people in Little Valley feel they were sold a bill of goods and the request should be denied.

City Attorney Shawn Guzman advised that the Mayor may take public comment at any public meeting at his discretion.

Bob Willard commented that while approving the R-1-10 zoning would be consistent with what the City Council already did, it would be premature to approve this R-1-10 zoning without seeing the agreement first.

Mayor McArthur advised that the City Council would not be changing the zoning tonight - it would be changed subject to a development agreement.

City Attorney Shawn Guzman clarified that if the City Council approved the zone change, it would be conditional upon approval of the development agreement. With regard to the Triple Bogey zone change, they came to the City with a plan and have made significant

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July 19, 2007
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process with regard to the development agreement. The City Council has the option of denying the request and begin the process of coming up with a development agreement.

City Manager Gary Esplin commented that if the zone change is denied, the applicant would have to go back through the entire process.

Mayor McArthur commented there was also the option of tabling the request.

City Manager Gary Esplin commented that the City goes above and beyond the State of Utah requirements for noticing. The City publishes the notices and sends notices to neighbors. The meetings are also televised. No one is trying to do anything behind closed doors. The City has held public hearings in Little Vllaey, and has gone through the entire process in open meetings. Agendas are also placed on the City?s web site.

Donald Rawlings commented he was in favor of the zone change, and the people in this area had to know development was going to come when a new sewer line was put through his property. He requested the City address drainage, the ditch and canal in this area.

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

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

Mayor McArthur called for a brief break.

ACCEPT ANNEXATION CERTIFICATION: Accept annexation certification for the Property Reserve, Inc. annexation.

City Attorney Shawn Guzman explained this is a request from the LDS Church for annexation in the Washington Fields area.

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

City Attorney Shawn Guzman advised the certification is from the City Recorder.

CDBG FUNDING REQUESTS:
Consider funding requests for Community Development Block Grant funds for FY 2007-08.

David Bates recommended that the request for the Jefferson Park Apartments be funded. Everything else recommended to be funded has been done as part of the budget process.

Council Member Gardner inquired if there were room for any other special projects. He suggested the City become involved in purchasing, remodeling and putting homes back on the market.

City Manager Gary Esplin explained that the ranking has been done to benefit the most people possible.

Mr. Bates advised there were no funds left to fund any other needs.

City Manager Gary Esplin explained that next year the City will receive only $450,000. The reason the City Council is approving $1,000,000 in funding is because some of the funding is a carryover from the last two years.



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July 19, 2007
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Council Member Allen inquired if the City was going to fund the requests from Habitat for Humanity and others.

City Manager Gary Esplin replied if this were the case, funding would have to be taken away from the Jefferson Park Apartments request. They either receive all the funding, or they lose the project. The City Council can, however, spread the money around if they choose. There is a certain percentage which can be allocated to non-profit organizations.

Council Member Allen commented that the projects approved have to do with housing, which has been the focus of the City for years.

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

REPORT FROM PLANNING COMMISSION:
Planner Ray Snyder reported that the Planning Commission scheduled public hearings before the City Council for August 2, 2007 at 5:00 p.m. to consider (1) an amendment to the City General Plan Land Use Map for Desert Canyons, and (2) an amendment to the City General Plan Land Use Map for 11.5 acres at 3000 East and 1450 South. The Planning Commission scheduled a public hearing for August 16, 2007 at 5:00 p.m. before the City Council to consider abandoning a section of Heritage Drive. Mr. Snyder explained that this abandonment was scheduled on this agenda, but it requires four week public notification, so it was tabled.

FINAL PLATS:
Cathy Hasfurther explained that the Planning Commission recommended approval of the final plat for Hidden Valley Commercial.

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

Cathy Hasfurther advised there was a minor change to The Cove at Sunbrook plat. It originally came to the City in August 2005 and was called Bell Serra Phase 4. With regard to the final plat for Las Palmas Resort Condominiums II Phase VIII Corrected, Amended and Extended, the unit numbers were changed to match the unit numbers on the ground.

MOTION: A motion was made by Council Member Gardner 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.

Cathy Hasfurther explained with regard to the final plat for the River Road Office Complex, the applicant would like to plat Lot 5 by itself, therefore it needs to be vacated from the plat. The consents to vacate the lot have not been reviewed by the Legal Department, so any approval should be made subject to legal review and approval.

MOTION: A motion was made by Council Member Gardner to approve the plat and vacation of Lot 5 from the Rim Rock Commercial Center, subject to legal review.
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 Modification #2 to the Cooperative Agreement with UDOT for the Southern Parkway.



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July 19, 2007
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City Manager Gary Esplin advised he asked Dal if a meeting could be set so the City does not have to consider 15 different cooperative agreements for the same project. This agreement is to modify the agreement to allow the design of walls and underpasses as part of the Southern Corridor project. The City?s match is $8,879.

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

AGREEMENT:
Consider approval of an amendment to the agreement with the Shivwits Band.

City Manager Gary Esplin explained there is a question on the location of the existing easement. The City needs to put in a new pipeline to Gunlock and in order to do this needs to negotiate with the Shivwits Band for the proper easements. Barry Barnum has done a good job in meeting with them and trying to come to an agreement. The proposed agreement would rectify the existing easement, put it in the right place, grant easements for the new line, and in exchange the Band will receive three culinary stubs, possibly outside of the Reservation, with City approval, and four reuse stubs on the reuse line the City has constructed from the treatment plant to the Gunlock area. The Shivwits Band can use the reuse water for whatever use they have. They also want to use the line under the river to deliver water to the Sun River area with the idea of selling them some irrigation water. One of the reuse taps would be to the Bloomington Country Club and the others where they desire. The Band also wants to trade 180 acre feet of reuse water for 100 acre feet of culinary water. The Band has entered into an agreement with the Dept. Of Justice to sell their portion of reuse water in adjudication of their claims against the Water District, City and County, and they have chosen to provide reuse water to Sun River and the Bloomington Country Club.

Water Services Director Barry Barnum advised that the exchange of 180 acre feet of reuse water for 100 acre feet of culinary water is already in the settlement agreement. They would like to give the City an extra 100 feet of reuse water so as not to have to pay for the water they are already getting for which they pay City rates. This turns out to be a good deal for us as the reuse water is more expensive in this case. Considering that it was just a paperwork error and the City found it and pointed it out to them, what they?re asking for is not too bad for the City.

City Attorney Shawn Guzman stated that the City plotted out where the line is vs the described easement, and a home has been built upon the easement.

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

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

Mayor McArthur recommended Kristine Victoria and Jim McArthur be appointed to the Sign Review Board.

MOTION: A motion was made by Council Member Allen to appoint Kristine Victoria and Jim McArthur to the Sign Review Board.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held June 21, 2007.

MOTION: A motion was made by Council Member Orton to approve the minutes as presented.

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July 19, 2007
Page Eighteen

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

Consider approval of the minutes of the City Council work meeting held June 26, 2007.

MOTION: A motion was made by Council Member Orton 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.

Consider approval of the minutes of the regular City Council meeting held July 5, 2007.

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

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

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

The vote was unanimous and the motion carried.

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




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Gay Cragun, City Recorder