City Council Minutes

Thursday, November 1,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 1, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Larry Gardner
Council Member Suzanne Allen
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 in attendance. The pledge of allegiance was led by Scout Charlie Barnett, and the invocation was offered by Council Member Gardner. Mayor McArthur invited Scout Charlie Barnett to introduce himself.

Mayor McArthur encouraged all citizens to vote in the upcoming election. He stated there has been 140 years of building the community. He then recited a poem entitled ?The Builders?.

Kay Christian, representing the Jubilee of Trees, advised there are 42 trees this year, with proceeds benefitting children services at the hospital. In addition to the Mayor?s Choice Award, she extended an invitation to the City Council to choose a tree for the City Council?s Choice award, a new award this year. It was decided the Mayor and Council would choose the trees on November 15 at 3:00 p.m.

Nick Stewart, CEO of Tai Pan Trading, advised they are opening their third store in St. George and invited everyone to attend the ribbon cutting November 5 at 8:00 a.m.

Mayor McArthur advised that Council Member Allen was on her way back from an MPO meeting in Salt Lake City and would be arriving a little late for the meeting. He asked to be excused at 5:30 p.m. to attend his father?s 87th birthday party.

AWARD OF BID:
Consider award of bid for Cooper S & C regulators for the Power Department.

Purchasing Manager Connie Hood recommended award of the sole source purchase from HD Supply in the amount of $84,525.60.

MOTION: A motion was made by Council Member Orton to award the bid as recommended.
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 tree trimming and clearing of power lines.

Purchasing Manager Connie Hood recommended award of the bid to Davey Tree who had the lowest overall responsive bid in the amount of $60,000. They have been the successful bidder the past three years.

MOTION: A motion was made by Council Member Gardner to award the bid as recommended.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted ay. Mayor McArthur called for a vote, and all voted aye.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to a professional services agreement to complete the work required to obtain the easements along 1250 North for the new Skyline to Green Valley 138 kV transmission line.
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November 1, 2007
Page Two

Purchasing Manager Connie Hood explained the change order is with ICPE in the amount of $14,600 and was originally set up for under $10,000.

City Manager Gary Esplin commented that there is enough in the budget to cover this additional cost.

MOTION: A motion was made by Council Member Orton to approve the change order as recommended.
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 construction of the Skyline to Green Valley 138 kV transmission line.

Purchasing Manager Connie Hood explained that all bidders were able to supply the equipment and manpower, but PAR submitted the lowest overall bid at $1,999,693.58.

City Manager Gary Esplin commented that the bids are almost double what was estimated, and some other projects will have to be bumped.

Energy Services Director Phil Solomon explained that this project was been ongoing for the past two to three years in order to get to the bid stage. In this time steel prices and labor have increased significantly. It is also hard to get labor in the electric industry, and the hourly wage for skilled help is pretty phenomenal. It has been decided to defer five to six projects. One of the biggest projects deferred is the line between the Flood Street substation and Twin Lakes Substation for a million dollars. It will be deferred until the next budget year as well as other miscellaneous projects. There is also a buffer in the budget in the amount of $150,000.

City Manager Gary Esplin commented that regulators which control voltage in the substations were not budgeted, but this was put in as an amendment because extra capacity is needed at the Red Hills Substation while construction is being performed.

Council Member Whatcott commented that the poles were engineered steel poles and inquired if the cost was for labor to set the poles.

Mr. Solomon replied that this was correct. Par did not know the poles were two piece poles and asked for more money, but staff told them no.

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

AWARD OF BID
Consider award of bid for grinding and resurfacing on the clarifiers at the Wastewater Treatment Plant.

Purchasing Manager Connie Hood recommended award of the bid to the lowest responsive bidder, Gateway Company, in the amount of $93,630.

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

Ms. Hood explained that staff looks at the clarifiers every year when maintenance is done and determine at that time if they need to be resurfaced.

AWARD OF BID:
Consider award of bid for the Ranches sewer outfall line.
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November 1, 2007
Page Three

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Tri West, in the amount of $936,164.50. She advised that their bid includes Alternate One.

Water Services Director Barry Barnum explained that Alternate One includes rip rap needed to protect the sewer line. It is hoped that the rock on site can be used. However, the rock may have to be imported if the rock on site has too much gypsum in it.

Mayor McArthur commented that this was a not-to-exceed amount.

MOTION: A motion was made by Council Member Gardner to award the bid as recommended in an amount not to exceed $936,164.50.
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 that the sewer line is located on the south side of the Virgin River and will eliminate the lift station in that area.

Mr. Barnum clarified that the lift station is located at the south end of Sugar Leo.

AWARD OF BID:
Consider award of bid for the Bloomington Hills sewer outfall line.

Purchasing Manager Connie Hood explained that this will correct the sewer crossing on the Santa Clara River by the Dixie Center. She recommended award of the bid in the amount of $1,994,960.12.

City Manager Gary Esplin explained that this will allow the City to do away with the lift station and gives the City more capacity than needed and is an upgrade to the line.

Water Services Director Barry Barnum advised the budget was $2,500,000.

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

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to a professional services agreement for the Mathis Park project.

Purchasing Manager Connie Hood recommended approval of a change order with Carter Burgess in the amount of $9,721.83. The original purchase order was for $8,500. This will make the new total $18,221.83.

City Manager Gary Esplin explained that this project is necessary as a result of the flood. The City thought it could obtain right-of-way from the adjacent property owner, but could not, so it had to redo its design of the roadway system and access.

Council Member Whatcott inquired if the services had already been performed.

Mr. Esplin replied that they had.

MOTION: A motion was made by Council Member Gardner to approve the change order.
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 AGREEMENT:
Consider approval of a reimbursement agreement with Boyer Green Valley, LLC.

Purchasing Manager Connie Hood recommended approval of the agreement in the amount of $27,091.
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November 1, 2007
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MOTION: A motion was made by Council Member Gardner 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.

APPROVAL OF CONTRACT:
Consider approval of a local government contract with UDOT to hire Creamer and Noble to perform construction management on the Red Hills Parkway project.

City Manager Gary Esplin explained that this contract is for the project on Red Hills Parkway to realign the 200 East connection and straighten out the road. UDOT is doing the project but the City is participating. UDOT will hire Creamer & Noble to do the construction management, and approval is needed to participate with them. The City?s match is 20% of $76,000. The City has funds budgeted for this project.

MOTION: A motion was made by Council Member Gardner to approve the contract.
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 concrete and asphalt rubble crushing at the Reuse Center.

Purchasing Manager Connie Hood explained that this item was tabled from the last meeting as there were some questions on the bid. The vendor transposed numbers on the bid. The City gave them an opportunity to look at it and they redid it in the amount of $53,730.05, which is still the low bid.

MOTION: A motion was made by Council Member Whatcott to award the bid as recommended.
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 Microsoft licensing and exchange server for the City network.

Purchasing Manager Connie Hood explained that this was approved as part of the 2008 budget. She recommended award of the bid to En Pointe in the amount of $69,097.84.

City Manager Gary Esplin advised that En Pointe is under the state contract.

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

RESOLUTION:
Consider approval of a resolution authorizing $25,000 in matching funds for a conservation grant from the U. S. Department of the Interior.

Conservation Coordinator Ren? Fleming explained this grant with the Department of Interior Bureau of Reclamation targets two programs - the residential lawn water audit program, and for funding to help citizens put in more efficient irrigation systems and purchase low water use plants for landscaping. A new landscape ordinance is being drafted. Citizens will be eligible for a rebate of $150 for irrigation and $150 for plant material. The Washington County Water Conservancy District has agreed to match $5,000 with the City?s portion at $20,000. The City?s per capita use is dropping. Everyone is interested in efficient use, and green building seminars are offered free to the public. With regard to the water audit, she explained she measures how much water goes into a cup in a certain amount of time and how evenly the water is being

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November 1, 2007
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distributed and does a soils test. She also looks at drip systems, and this water audit is free. She advised that the program is explained in the City?s website and newspaper advertising is being done as well.

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

The vote was unanimous and the motion carried.

Council Member Gardner commented that he would still like to refer to conservation as wise water use.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held October 23, 2007, recommended that six public hearings be scheduled for November 15, 2007 at 5:00 p.m. for (1) an amendment to Title 10, Chapter 7 to incorporate ?child nursery? as a conditional use permit in the Residential Estates and Agricultural zones; (2) an amendment to Title 10, Chapter 7, to add provisions for detached homes on building pads with common areas; (3) an amendment to Title 10, Chapter 7, to reduce separations between two story buildings from 15 feet to 10 feet in the Multiple Family Residential and Planned Development zones; (4) an amendment to Title 10, Chapter 19 to allow garages to be accessed from a 20 foot rear alley; (5) approval of a preliminary plat for The Flats at South Pointe; and (6) an amendment to the City General Plan Land Use Map from Low Density Residential to Medium Density Residential at the southeast corner of the intersection of River Road and 2450 South Street.

MOTION: A motion was made by Council Member Orton to schedule the public hearings as recommended.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried
FINAL PLATS:
Todd Jacobson advised that the Stone Cliff Townhomes Plat C plat was tabled in order to be scheduled for a public hearing.

City Manager Gary Esplin explained that a public hearing is required because 100% of the owners did not sign the plat.

MOTION: A motion was made by Council Member Gardner to schedule the public hearing on the earliest possible date.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Todd Jacobson advised that the Planning Commission recommended approval of the following roadway dedication plats: Ft. Pierce Area 2, Medical Center Drive, and 1470 East Street.

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




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November 1, 2007
Page Six

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for additional building height for a remodeled theater building at the southeast corner of 1000 East and Red Hills Parkway. St. George Musical Theater, applicant. Les Stoker, representative.

City Planner Ray Snyder displayed a conceptual rendering of the site and explained that the applicants are converting a prior movie theater into the Musical Theater. The roof height will be 42'4" to the highest point, with the midpoint at 37'1". The project exceeds landscaping requirements. The applicants propose to use two different colors of synthetic stucco on the outside of the building. The Planning Commission recommends approval subject to the height not to exceed 42'4", noise is contained inside the building and to the site, and a trash enclosure is required.

Les Stoker, architect, explained that the original building contained three theaters. Two will be combined into one theater and the third remodeled into a rehearsal hall, storage, offices, etc. He advised that working drawings are being done to put the project out to bid. He explained that all the block will be covered and a brick veneer added to the front and south sides.

Council Member Allen arrived.

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for The Villages at Twin Lakes located at Twin Lakes Drive and 700 North. Twin Lakes A La Mode, LLC, applicant. Jason Draper, representative.

City Planner John Willis displayed renderings of the project, the preliminary plat, and landscape plan. He advised the project consists of 47 residential units for a density of 6.64 units per acre. Streets are 50' wide and public. The applicant is extending and connecting their streets with 700 North. There is also a 37' private street. A 60' power easement will be relocated on 700 North. The lots are not located within the flood plain, but erosion protection will be required. 700 North will be connected to 1700 East in Middleton. The Planning Commission recommends approval.

Jason Draper, Somis Engineering, advised that with regard to erosion control, they will put in additional rip rap to protect the slopes. The wash comes down through the existing golf course, and with the flood plain in the Middleton Wash, there is some potential for erosion. Rip rap and barrier protection will be added.

Council Member Bunker inquired if it would be made attractive.

Mr. Draper replied that there would be improved landscaping throughout the project. Further the buildings are two, four and six units, not five units. This is the first phase of hopefully two to three in order to clean up the area. Open space will be kept throughout the flood plain.

Mayor McArthur opened the public hearing.

Bill Powell, President of Twin Lakes RV Park Assocation, advised that the lift station has been out of order for three months and a temporary pump is being used to keep the sewage flowing. He inquired if the City was interested in going in with Twin Lakes A La Mode to build a new lift station. He stated that the Association had a business agreement with Twin Lakes A La Mode to work out the sewer project. The Association has to pump the tank periodically and he inquired if the City would be able to help them do this from time to time due to the expense.

City Manager Gary Esplin advised that this is a private sewer.

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November 1, 2007
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Council Member Orton inquired if this problem would be solved when Twin Lakes A La Mode put in a new line.

Mr. Draper replied that it would. He advised that a new lift station will be needed, and depending on schedules, hopefully within six months.

Mr. Powell inquired if the former Highland Drive would be made a main road and their private road a secondary road. He inquired if they would have to turn their road over to the applicants.

Mr. Draper advised that they have looked at different options of tying the roadway in. Twin Lakes will be the primary road, and they will tie into that.

Mayor McArthur advised Mr. Powell that the private road was theirs.

City Attorney Shawn Guzman commented that the plat shows a right-of-way for a future road in the area dedicated by Ron Stout.

Mr. Draper replied that this was not correct, and the applicant only owns south of the Twin Lakes intersection.

Gary Hughes, a resident on Twin Lakes Drive, advised that he paid a premium price for one of the newer homes. He advised his concerns were that the first phase of townhomes might devalue the single family homes, and he was concerned with their height. He stated he did not want to lose his view. He stated it was his understanding the whole project was open space and had been changed by the City and would never be changed back to open space. He stated he was never notified of this change.

John Willis replied that where the townhomes are being built is zoned R-3. Down below is open space where the golf course was located. The R-3 zoning extends all the way up, and has always been zoned R-3. The open space will remain open space as a lot of it is in the flood plain and he did not foresee it being developed.

City Manager Gary Esplin advised that the Atkins zoned the property 20 years ago. There is R-3 zoning located below Mr. Hughes and open space by the wash. The maximum height of the units which can be built is 35'.

Mr. Draper advised that their object was not to have real big height. All of the units are built-in or walk-outs or reverse walk-outs to utilize the slope and minimize the height of the buildings, especially below the homes. There will be a 10' retaining wall, and no encroachment to the view.

City Manager Gary Esplin clarified that this is not a PD zone but is R-3, and the applicant can go to 35' without coming to the City Council for approval. This is what is allowed in the Zoning Ordinance.

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

Council Member Allen inquired of Mr. Draper if the applicants had ownership of the old golf course.

Mr. Draper replied that they owned most of it.

Council Member Allen inquired about plans to upgrade it.

Mr. Draper replied that they hoped to upgrade it. Part of it will need to have a zone change from Open Space in the area not in the wash toward Twin Lakes Parkway. They are also hoping to close on some additional property soon to acquire the rest of the golf course. This will come in as part of the second phase.

Council Member Allen inquired about the netting which was all over the sidewalk.

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November 1, 2007
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A man from the audience advised that it had already been picked up.

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

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

Community Development Director Bob Nicholson explained that the two parcels combined total 8.75 acres. The applicant is requesting a zone change to RE-12.5, 12,500 sq. ft. minimum lot size. The density barely exceeds two units per acre which is the base density for the Little Valley area. 15% is proposed to be set aside for an equestrian facility which will be owned and maintained by the HOA. The applicants have offered a 20' trail easement by 3000 East and will end up with 18 lots. The Planning Commission recommends approval. The request is consistent with the Little Valley plan. The trail will have to be worked in with the ditch and power lines.

Mayor McArthur opened the public hearing.

Bob Willard commented that in his view nothing had changed. He stated he felt A-1 is an adequate zone with a minimum lot size of one acre. He advised he lives across the street from the subject property, and the applicant?s higher density housing will butt up to his property. He stated he moved to this area specifically to have A-1 zoning. If the request is approved, it will diminish the entire reason he moved there, and many neighbors feel the same. He stated he did not see the need for the zone change, but had no problem with the applicant breaking up his property into one acre parcels. He stated he was opposed to any zoning which would allow the applicant to do more than that.

Karen Willard stated she was appalled the Planning Commission approved this request. She advised she lives across the street from the subject property. She said there was talk of creating a buffer zone between those with A-1 zoning, and there is no buffer. All the density will be right next to their property. This does not follow what the Council has been purporting for many months. She suggested the equestrian area be located to the east where the adjoining property is zoned A-1 and the houses located on 3000 East. She stated the proposal was obscene to her and needed to go back to the drawing board.

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

Mayor McArthen then excused himself from the meeting.

APPOINT MAYOR PRO TEM:
MOTION: A motion was made by Council Member Bunker to appoint Council Member Rod Orton as Mayor Pro Tem.
SECOND: The motion was seconded by Council Member Allen.
VOTE: All voted aye. The motion carried.

PUBLIC HEARING (CONTINUED)
Council Member Whatcott advised that RE-12.5 zoning allows one large animal and in the past the City has used RE-12.5 zoning as a buffer between larger and smaller lots because of the ability to have an animal.

Mayor Pro Tem Orton commented that the request is consistent with what the City has been working on for two years and the applicants are within their rights to request this zoning.

Mr. Nicholson explained that the trail will be on the east side of 3000 East where it has been planned for a number of years.

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November 1, 2007
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Council Member Gardner commented that the ditch will have to be covered over in order to use it as a trail. He stated his concern was in the interim if there was any usability for equestrians until the ditch was covered over.

Mr. Nicholson commented that the Planning Commission felt acre lots would be inefficient and nothing more than sprawl and would not end up with attractive results.

Mayor Pro Tem Orton commented that he happened to be in Mr. Nicholson?s office when Mrs. Eardley came in and she was agreeable with everything and staff helped with the design. RE-12.5 zoning has been used as a buffer in many areas.

Council Member Allen inquired as to the reason the open area is planned next to the road rather than next to the Willards.

Mayor Pro Tem Orton replied that it is a narrow piece of property and he did not know how else it could fit.

Mr. Nicholson replied that the applicant planned their equestrian facilities where a majority are already located.

Council Member Allen commented that across the street from Judd Palmer will be open space.

Council Member Gardner advised that the base density in the area is two units per acre which equates to half-acre lots. The City has also allowed a density bonus as long as there is dedicated open space. In this case it is a small parcel and that open space is the equestrian facilities to be used by everyone in the subdivision.

City Manager Gary Esplin commented in this case the applicant is asking for 2.05 units per acre, and in his opinion, the applicants have gone beyond what is required by the City by dedicating 15% in open space and a 20' trail easement.

Council Member Gardner commented that he understood the Willard?s position.

Mayor Pro Tem Orton commented that RE-12.5 zoning is still an AG zone and acts as a buffer.

Council Member Gardner inquired if all the stalls could be located in the common area.

City Attorney Shawn Guzman replied that if the lots are structured such that they share the common area, all the stalls could be placed in that common area.

Mayor Pro Tem Orton advised that he would be voting.

MOTION: A motion was made by Council Member Whatcott to approve the zone change.
SECOND: The motion was seconded by Council Member Allen.

Council Member Gardner inquired if a development agreement would be required in addition to the zone change.

City Manager Gary Esplin replied that a development would be required.

Community Development Director Bob Nicholson advised that a note would also be placed on the plat.

City Manager Gary Esplin advised that a note on the plat or a development agreement is needed showing what will be built in order to get the extra density of 2.05 units per acre.

City Attorney Shawn Guzman advised that a development agreement was preferable.

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November 1, 2007
Page Ten

AMENDED MOTION: Council Member Whatcott amended his motion to include the provision that a development agreement with the applicants must be executed.
SECOND: Council Member Allen seconded the motion.


City Manager Gary Esplin advised that the development agreement would be brought to the City Council for approval with the preliminary plat.

VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Gardner - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from A-1 to PD Commercial on 49.3 acres located in the Little Valley area at approximately 3000 South and 1870 East between the Ft. Pierce Wash and Horsemans Park. Bryce Christensen, applicant.

Community Development Director Bob Nicholson advised the property is zoned A-1. The General Plan shows the area as Open Space due to the flood plain area. The most recent FEMA maps shrunk the flood plain boundary, and there is a new flood plain and erosion hazard boundary map. The Ft. Pierce Wash has been the dividing line between manufacturing and industrial and agricultural or residential on the east side. The request was heard by the Planning Commission three weeks ago and the Planning Commission recommended the property within the erosion hazard boundary not contain any structures. The applicant is proposing two different PD Commercial zones. The north end will be a retail nursery use and outside plant storage. Further south near the intersection with Horsemans Park he is proposing neighborhood commercial uses listed in the applicant?s text. Further to the south is a series of proposed uses which fall within the category of commercial or light industrial uses. The Planning Commission reviewed the list of uses and deleted a number of them, and the applicant concurred. A letter went out to the neighbors showing the deleted uses. The applicant is proposing to relocate his truck yard and gravel operation further south. The truck yard and gravel operation are operating under a conditional use permit with a ten year plan to remove the gravel. That conditional use permit has expired and the applicant is now trying to get some permanent zoning in place. He is proposing a 15' trail easement along the wash as part of the City?s master trail plan, which coincides with the floodway line. The Planning Commission recommends approval subject to the deleted uses and no permanent structures within the erosion hazard boundary. There could, however, be uses such as storage that do not entail a permanent structure.

Council Member Whatcott requested a definition of ?truck terminal?. He inquired what the use was now. He stated the last thing the City wanted was another Flying J in this location.

Mr. Nicholson replied that the applicant?s intent is to continue the operation he now has.

Council Member Whatcott requested that the definition of ?truck terminal? be refined.

Mr. Nicholson replied he would narrow down the definition to ?private?.

Council Member Allen suggested that metal fabrication and welding shop both be limited to indoors only.



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November 1, 2007
Page Eleven

Jeff Mathis, MRW Design, representing the applicant, stated the proposed plan is a great way to provide a buffer. The current A-1 zone allows a cattle feed yard or pig feeding lot. The proposed PD zone will allow the residents to see exactly what will be there and have the opportunity for input. By having two zones, everything the applicant does would be adjacent to Horsemans on the east and the existing gravel yard on the west. The property is bounded on the west and south by M-1 zoning and the north portion is the only portion where it touches a residential zone.

Mayor McArthur opened the public hearing. He asked each person wishing to speak to limit their comments to three minutes and to not repeat what others have said. The City Council has been studying this issue for a long time and is aware of most of the concerns.

Bill Frazier advised that no one lives closer to the project than he does. He moved here a few years ago and loves it. He loves Little Valley, and Bryce is a good guy. However, this is the wrong plan for Little Valley. The City is growing, and while many hate that, it is a great place and many people want to live here. Because of the airport this area will be one of the first places that visitors see and it must be responsibly zoned. It will be a prime inlet into the City. The plan as proposed does not provide an encompassing plan but a mish mash of 50 potential uses. This change does not bind subsequent owners and opens it up for future development or sale of the land. He stated he was not against growth but wanted the area responsibly planned. He advised he moved from Southern California because he was tired of the smog and was surprised that his oldest son has now developed respiratory problems. His disabled father had to leave the area. His father?s oxygen filters, which are supposed to last 90 days, had to be changed every 20 days because the area is so dusty. He again stated this is the wrong plan and not specific enough. He suggested the matter be remanded to the Planning Commission to make the plan more specific. The current plan does not provide what the Little Valley area needs with regard to aesthetics.

Susan Frazier advised she represented several member of the Knolls community and Meadow Valley. The baseball fields are not useable by the residents in the area but they generate great revenue for the City. A park has been planned with no projected completion date. There are two new schools in the area and over 600 homes and Quality Construction is causing pollution with their asphalt trucks and never cover their loads. Bryce always covers his loads. PCI is in the business of tearing down mountainsides. She advised that everyone moved here knowing industries were located around them. She inquired about the current master plan for Little Valley and asked if the City Council could make up their minds. She stated there was a huge conflict of interest. She asked for simple, accurate and honest clarification of the master plan. She commented that the City has not been completely honest with the residents in this area. The lives and health of 2500 people are being impacted by the decisions being made. She stated she researched and learned that Quality was given permission as long as they disclosed, but they have not. Some residents were told there would be a golf course behind their homes. Many met with Bryce and worked through most of the zoning issues. He has been cooperative in covering his trucks and in dust control. She stated she agreed that Bryce should be able to continue his existing operation if his facility would not change and there would be no new trucks and he agreed to the list of deleted businesses. However, the Star Nursery site would be a gravel storage yard. She stated that one of the bigger issues is PCI?s destruction of the mountainside and pollutants and continued operation with extension permits and no license. She stated there are new asthma cases in the Knolls.

Mayor Pro Tem asked Ms. Frazier to please keep her comments to three minutes.

Ms. Frazier continued that air quality, safety and congestion are major concerns.

Mayor Pro Tem Orton asked the audience to please refrain from applauding and stated that comments should be kept to the matter at hand. The City will not be able to solve all the concerns in Little Valley, and this public hearing is for a zone change for Bryce Christensen.


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Jeff Frazier inquired of Bryce Christensen the depth and dimensions of his pit.

Mr. Christensen replied the pit is 60 feet deep and 4 acres wide.

Jeff Frazier commented that while he was not opposed to commercial, and Bryce has a right to develop his land, everything on the west side of the wash is industrial and the other side is a planned community. If the conditional use permit has expired, he suggested that the hole be filled up and Mr. Christensen be allowed to develop something commercial, but something that goes with the rest of the neighborhood and not a misplaced mining pit.

Council Member Allen commented that the area is a mining pit because that is where the gravel is located.

Council Member Whatcott advised that gravel extractors in this area have been mining long before nearby residential developments were built. When the mining is complete, the applicant will be required to fill in the hole.

Jeff Frazier inquired how much longer the pit would be mined.

Council Member Whatcott replied that when the applicant reaches clay, he will be required to fill it up and level it off.

Mike McGregor commented he felt Bryce does an exceptionally good job of controlling dust and traffic and is an outstanding citizen of St. George and should be entitled to mine the rest of the material. If the City does not give him permission to mine, he can do the same thing with a grading permit. The area in question will never make a suitable place for housing of any kind because of flood plain issues. A small neighborhood commercial development is conducive to what is across the wash.

Ron Tremaine, a resident of the Knolls, thanked Bryce for being a good citizen and cleaning up the situation much better than PCI. He stated what he was concerned most about was the zone change. There will be a 90' road through Mr. Christensen?s property all the way from Horsemans Park. The road concerns him more than the mining operation and will create many trucks on the road feeding into the Knolls and onto River Road. This will create a lot of congestion next to the schools and soccer fields and is a concern for the children living in the area. Residents have not been apprised of the road and have not been told of the Planning Commission?s intent with regard to the zoning issue. This was done without the residents of the Knolls being told. He asked the City Council to consider the needs of the Knolls as discussed.

Mayor Pro Tem Orton advised that there has been a master planned road there for many years.

Community Development Director Bob Nicholson explained that the road has been on the Road Master Plan for ten years or so. It parallels the Horsemans Park property and continues south. It parallels the Ft. Pierce Wash and intersects with a major road that runs east and west and will take traffic off Horsemans Park road. The road will take a portion of Bryce?s property. It will be a 90' four lane roadway. The City?s policy is to send a letter to residents within 500 feet of the zone change, and this is why not all residents of the Knolls knew about the Planning Commission hearing. It was suggested to the Planning Commission that they could continue the public hearing, but they felt comfortable so they moved forward. The City notices all public hearings and does not try to keep them secret.

Mayor Pro Tem Orton commented that the City is not required to send letters to residents within 500' of a zone change, but does so as a courtesy and to try and get the message out.

Paul Iverson commented there seemed to be a consensus that the residents do not want the road, but he is for the road. It makes a natural divider and makes the proposed zoning very natural. He stated he would welcome some commercial in that area so he

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does not have to travel so far to get something. He stated he was in favor of the proposal.

Cliff Ames, a resident of the Knolls, advised he has lived there for two to two and a half years and its is a great place to live. The biggest problem in t he area is there are soccer fields, parks, and two schools intermixed with big trucks. The entire area needs to be master planned. Bryce is the best neighbor the area can have, and his trucks are covered and clean and he does a heck of a good job. But this does not mean the trucks will not run over children. He suggested the City Council take a look at what is already there and do a master plan that makes sense. He suggested the City Council grant Mr. Christensen a conditional use permit until the problem gets solved.

Council Member Bunker commented that the City does have a master plan for the Little Valley area. The gravel pit has been there for the a long time, and is suddenly clashing with what has been built.

Mr. Ames commented that big trucks and little kids on bikes are going up and down the same roads.

Mayor Pro Tem Orton replied this problem is not just limited to Little Valley but is in every neighborhood due to the population growth.

Shauna Ceralinen commented that the corner where the four lane road is proposed is very dangerous. Her second to the oldest child just got her drivers license and she does not want her to turn left onto River Road. She advised that a large truck just about clipped her at this location. She stated it was crazy to bring more traffic there on the turn and it needs to be straightened out. With regard to air quality, she jogs every morning and as she goes along Horsemans Parkway, she has to literally duck if a big truck is coming because so much dirt is blown into her face. She stated she was not blaming Bryce. She stated the quality of the air could be seen from anywhere in St. George. She stated she would appreciate it if the City would help protect the area children.

Mayor Pro Tem Orton clarified that the road is a master planned road and that is not going to change.

City Manager Gary Esplin commented that the City spent two and a half years on the master plan, and if there are traffic problems, additional roads must be built. The master plan shows a 90' road through this area to serve future development in the area. When it is built next to Bryce, there will have to be a traffic signal on River Road at the intersection when warranted.

Council Member Allen commented that the new road would pull traffic away from the schools and neighborhoods.

Council Member Gardner commented that the road will go both ways, north and south. With regard to master plan connectivity, there will be master planned trails so the children do not have to use the busy roads.

City Manager Gary Esplin commented that the park will be out to bid within the next 30-45 days. The first phase will include the park and soccer complex and is being built for the needs of the community only and to accommodate kids in the City?s soccer program. It will not be used for tournaments. There will be a trail that ties into the new school.

Council Member Gardner inquired how the trail would tie into the subdivision.

City Manager Gary Esplin replied that the City owns the property on the north side of the road, and there might be connection in-between some of the lots. There is supposed to be an easement that allows it to come down from the subdivision.




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Council Member Gardner commented that the concerns of the neighborhood are legitimate, and if a little stretch of connectivity to the subdivision has not been included, the City may need to take a look at that design.

City Manager Gary Esplin commented that the trail is being designed as part of the development of the park. The first phase uses up the entire budget. As part of the second phase perhaps staff can figure out how to connect the second phase to the first.

Council Member Gardner commented that this connectivity was critical.

Community Development Director Bob Nicholson commented that there are not very many north south roads. The nearest is Little Valley Road and it is only two lanes with homes fronting it. There is no opportunity to expand it. This proposed four lane road is very needed, as there are no other four lane roads until 3000 East.

Council Member Whatcott commented the problem right now is not located in the zone change area, but north of it from River Road to Horsemans Park Road as the children go to school. This area will be a problem as long as there are trucks there unless a sidewalk is built with a buffer so that the children can ride their bikes. That is the issue and it will get worse as the area develops. The City needs to seriously take a look at this. A stipulation needs to be made that Bryce will put this in when he develops, or the City should put it in now.

Council Member Gardner commented that this is a legitimate concern of the neighborhood. Perhaps the City needs to change its priorities and get it done.

Council Member Allen stated that she has received several phone calls and e-mails from parents validly concerned about their children and the lack of sidewalks.

City Manager Gary Esplin commented that if the City Council feels strongly about it, the trail could be extended as part of the first phase of the park and soccer complex.

Council Member Whatcott commented that while this is a totally separate issue from the zone change, it needs to be addressed.

Council Member Gardner commented that everyone is concerned about air quality. The City has tried to obtain more construction water in the area and Bill Swensen has been policing the area regularly to make sure those involved meet guidelines. Bryce has gone above and beyond what is required to meet those guidelines, and most of the others have too, but it is a hard thing to monitor 24 hours a day, and any time there is an extended dry season, it gets worse. He stated he did not know all the answers, but staff is working closely with those doing the excavation to solicit their cooperation, and they have been willing.

City Manager Gary Esplin advised that the dust control ordinance will be on the next City Council agenda. Staff has been working on it for the past six months trying to put some teeth into it so they can cite offenders.

City Attorney Shawn Guzman advised it is being called the ?Fugitive Dust ordinance?.

Bill Swensen commented that the concerns of the citizens are a reality and the City is doing something about it. The ordinance will be on the agenda in two weeks. It is very thorough and has teeth which the City will use if necessary. The contractors have been responding. The ordinance is supported by contractors, citizens and the public employees around the County. PCI is on board as well as Sunroc, Western, and Bryce. As a result of the ordinance residents will see a dramatic improvement in the Little Valley area.

City Attorney Shawn Guzman advised that the ordinance will apply to contractors grading throughout the community, not just in the Little Valley area.



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Council Member Allen commented that the air quality problems in southern Utah, according to the EPA, are caused by dust.

Council Member Gardner commented that he has tried to see where the dust is coming from, and some of it is coming from Arizona where there is a mine just across the border. Also dirt gets moved by the wind, and this is a common problem for all, not just Little Valley.

Council Member Bunker inquired if the new ordinance addressed covered loads.

Mr. Swensen replied that it did. All loads will be covered excluding hot asphalt and large boulders.

Council Member Whatcott commented that he hoped the ordinance would make a difference, but without question, the Little Valley area has the most dust of anyone.

City Attorney Shawn Guzman commented that the hours of operation will also be regulated.

Bill Swensen commented the ordinance requires the use of water for prewatering before there is a dust problem.

Community Development Director Bob Nicholson explained how a PD zone works, and that when the actual buildings are proposed, the public will have a chance to look at them and the elevations and site plan. Tonight the applicant is requesting approval for uses.

Mayor Pro Tem Orton explained that each time something is proposed in a PD project, the City Council will see it.

Council Member Allen commented that the PD zone approval runs with the land, and even if the land were sold, it would still be zoned PD Commercial and the neighbors would have the opportunity to see everything proposed. The City also now asks for a materials board so the City Council can see even the materials used on the buildings.

Mayor Pro Tem Orton stated that in fairness to the applicant, the discussion should focus on the applicant?s request.

Rod Ohlwiler, a resident of the Knolls and real estate broker, commented that he was familiar with the zoning but his concern is how it affects the surrounding master plan. Mr. Christensen?s conditional use permit has expired, and if the City allows him to continue for the time being until he is at the stage where he is ready to fill in the pit, then he would be ready at that time to request commercial zoning. He stated he did not understand the hurry to have commercial zoning as long as he is still mining the gravel pit.

Bryce Christensen, applicant, advised he has been operating his mining operation long before the Knolls was there. He has been working on this plan for seven years.

Mr. Ohlwiler stated he was not opposed to a nursery with plants.

Mr. Christensen advised that the nursery is proposing to put in a landscape yard with landscape rocks, just like the landscape rocks residents of the Knolls have purchased from him.

Community Development Director Bob Nicholson commented that the property is zoned A-1 and conditional uses relate directly to some sort of agricultural commercial use. If just plant storage were proposed, it would fit in the A-1 zone. But because a retail store is wanted, this is where it transitions into commercial.




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Council Member Gardner commented that the zone change made a lot of sense, and allowing an extension of the conditional use permit would not change anything. The only way to solve the issues with connectivity and dust control is with the zone change.

Mr. Nicholson advised that greenhouses and plant nurseries are allowed in the A-1 zone, but not retail sales.

Mayor Pro Tem Orton again reminded that the issue at hand is the zone change.

An unidentified man from the audience commented that rock storage would create more big truck traffic.

City Attorney Shawn Guzman reminded audience members that for recording purposes it would be helpful if one person was recognized by the Mayor Pro Tem before speaking.

Cheryl Brandt stated she could not understand how the City Council could make a decision when they had no idea what the applicant wanted to put in. She asked if the list could be narrowed to the top five.

Mayor Pro Tem Orton replied that the commercial zone had to be in place before the applicant can make application for anything. The City Council cannot approve a zone change based on what will be there.

Council Member Whatcott explained the difference between commercial and PD zoning.

Tim Stewart stated he felt the cart was being put before the horse. He stated the zone change should be tabled until the issue of Horseman Park Road and River Road is dealt with and the bridge is finished, the light is in and traffic is not increased there. Approving the zone change will increase traffic, and everyone has had a close call there with a truck or someone coming over the bridge that they can?t see. It is irresponsible to approve the zone change when traffic has not been addressed. Also, ten years ago when Mr. Christensen was given the conditional use permit, it was temporary and had an expiration date because the City knew residential was coming in. Residential and mining are like oil and water and do not mix. He stated he could understand putting in a buffer, and he would like to work with Bryce to do that, but until the traffic issues are solved, the zone change would be irresponsible.

Council Member Whatcott commented that it is the developer who puts in the changes, and in order to do that he has to have the zone. The problem, however, needs to be solved before additional traffic is allowed.

Council Member Gardner inquired when a light at this location would be installed.

Public Works Director Larry Bulloch replied that right now a signal is not warranted.

Council Member Allen inquired how a warrant was determined.

Mr. Bulloch replied that a warrant is established by national standards, and each intersection is evaluated based on conditions to determine what is the best thing to provide for traffic flow. The City monitors all of the major intersections regularly to see if a signal is the right solution. This location does not warrant a signal, but this does not mean it won?t warrant one in the future. The bridge is in transition and will be removed someday. In the meantime another bridge has been provided traffic purposes and as an upgrade is needed, the old one will come out and the new one will match the elevation of the higher structure.

Council Member Gardner inquired if visibility would be improved.

Mr. Bulloch replied that staff could look at that.

Council Member Allen inquired where the bridge replacement was on the priority list.


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Mr. Bulloch replied that it is not programmed for the immediate future. It is a multi-million dollar project, and priorities right now are the Southern Parkway and Bluff Street and Dixie Drive interchanges.

Council Member Whatcott commented that the bridge should be a top priority in order to make this corner safer.

City Manager Gary Esplin commented that a national standard warrant must be met so cities can defend themselves if there are problems. Safety is another issue, however, and maybe in this case a light should be installed before the warrant is met.

Council Member Gardner commented that the safety issue at this corner is unique because of the number of trucks and the alignment.

City Manager Gary Esplin commented that he was not sure the proposed zone change would increase truck traffic.

Council Member Gardner commented that an issue has been brought forth that the City needs to be sensitive to and it should give a signal back to the neighborhood that it is willing to address the problem.

Council Member Whatcott stated that the zone change could increase truck traffic, but at that point Bryce would have to eliminate that problem before he was allowed to develop in that zone. Without the zone change the problem never gets fixed nor would the City have access to financial help from Bryce.

City Attorney Shawn Guzman advised that the City does not require a traffic study for a zone change. A traffic study is done when a project is proposed and is paid for by the applicant, and in a case like this would include either participation or installing the traffic light.

Jim Able, a resident of the Knolls, commented that if the zone change is allowed it will be like letting the genie out of the bottle. If the applicant comes back and the proposed project fits the guidelines, it is much tougher to say no than if the City were to hold off on the zone change now. The entire road is an unfinished project and from a priority standpoint seems better to delay any decision now and allow some issues to be worked through rather than passing the decision to a future City Council since the make-up of the City Council will change at the beginning of the year. He stated he felt the applicant was trying to rush the zone change through with the current City Council.

Council Member Gardner commented that the problems already existing are independent of what happens with the zone change.

Mike McGregor stated he would like to comment on the contention about what constitutes a rock pit for decorative rock. There are a lot of them around town and they are basically piles of gravel or contained cement areas with specialized gravel. They are not obnoxious in any way; they create no traffic, no dust, are innocuous and almost look like vacant property in activity and in storage.

Elizabeth Able suggested the matter be tabled for now. She stated the property should remain as is. She expressed concern about the safety of kids riding their bikes. She recommended the Bryce?s conditional use permit be extended. She stated her father had a sand and gravel pit and heavy equipment, and Bryce is careful. However, she is concerned about the buses and kids and trucks. She suggested a culvert be put in across the river by Desert Sands by the sewer for access into the industrial park. This would completely alleviate all truck traffic on the road.

Lubelle Riley expressed concern with the diesel fumes in the area, especially in the morning.

Bryce Christensen, applicant, advised that Sunroc has a couple hundred trucks, and he has 16. His trucks are fairly new and are electronic and the emissions cannot be seen.

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Sunroc starts their operation at 3:00 in the morning. The proposed road is master planned and roads are needed. The EPA regulates air quality and they visited him a few months ago and gave him an ?A?.

Lanie Barton commented her concern is with the kids and adding more trucks onto the road. To rezone the property would be asking for more trouble.

Alice Gardner commented she is concerned about the safety of the road, and the master plan should be looked at to see if another road could direct traffic away from River Road and the entrance to the neighborhood. She stated she was against the zone change and the area should be kept residential.

Community Development Director Bob Nicholson advised the applicant proposes a nursery, neighborhood commercial, and the lower 30 acres with heavier uses. In addition to his yard there could be other contractor shops.

Council Member Whatcott commented that the infrastructure has to be in in order to accommodate the additional trucks. If the City continues to do as it has always done, the developer builds the road. There is no reason to leave the area zoned AG-1 because the road will never get built otherwise. Changing the zone does not mean instant trucks. If the applicant wants to use the property for PD Commecial, the infrastructure has to be put in place before that can happen.

Marcy Welch advised that she works for Bryce Christensen. She said they try hard every day to make the drivers be good and do everything the City wants them to do. It is not just Bryce?s trucks that are causing a problem at the intersection. River Road is a main road and the problem will still be there long after they are gone. Once the new road is built, the trucks won?t be there anymore.

There being no further public comment, Mayor Pro Tem Orton closed the public hearing.

Council Member Bunker commented that some of the uses proposed for the southern portion concern her. She stated she liked the plan for the northern park and the nursery. She inquired if it would be possible to make a motion to approve a portion of the plan and leave the other for more evaluation.

City Manager Gary Esplin advised that the City Council has the right to approve uses and eliminate any that are offensive.

Council Member Gardner advised that in a PD the applicant has to have specific approval for whatever is brought in.

City Manager Gary Esplin commented that the City Council has to approve the uses as they come in, but the requirements for that approval at that point are different. If the City Council now has any problems with uses, they should eliminate them.

Community Development Director Bob Nicholson read the proposed uses and those eliminated by the Planning Commission.

Denny Torres advised he lived behind Horseman Park Road. His concern is with the truck traffic and noise and trucks blowing smog into his backyard. Addressing Mayor Pro Tem Orton, Mr. Torres said he had no respect for him and that Mayor Pro Tem Orton didn?t care about the residents? concerns.

Mayor Pro Tem Orton called for a break. Upon conclusion of the break, the meeting resumed.

Council Member Bunker commented she did not have a problem with the nursery if the decorative rock were eliminated.




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Council Member Gardner commented that Mr. Christensen is not opposed to coming back to the City Council any time there is a proposed use, and he is not concerned with entitlement of the list.

Community Development Director Bob Nicholson advised the purpose of the PD zone is to know the uses and the City Council would be granting some degree of entitlement to the proposed uses. The question is if the City Council is comfortable with the list of uses. The applicant will have to show building elevations, but if approved, the contractor yard is on the approved list of uses.

Council Member Bunker commented that she had a problem with a lot of the uses and wondered if it would be better to approve some and have a work meeting to discuss what it is the City wants in this area.

City Manager Gary Esplin advised there were a few alternatives. If the City Council is comfortable with zoning on the north end, it could approve the PD zone and include in the lower portion only those uses Mr. Christensen would need to continue his operation, and allow other uses in the lower portion to come back at a later time. That way the applicant would have the ability to continue his gravel, sand and trucking operation. No other businesses would be allowed to go in until he gets through extracting all the gravel.

Mr. Christensen commented that this would work for him.

Mayor Pro Tem Orton commented that on break he was made aware of concerns about other uses being put in right now. No business would be allowed to go in in any portion until all the improvements were made, including road, sewer and everything else the City requires to be in place.

City Manager Gary Esplin explained that if for instance a storage facility wanted to be located there, that use would be looked at with regard to the impact on infrastructure. A full road may not be required - it would be based on the individual business and effect on the situation as it currently exists. Surely the City Council would not approve anything else there until there is another road. An improved asphalt road is needed. The City does not allow access to businesses on dirt roads.

Council Member Gardner stated that as a property owner Mr. Christensen is legitimately making a request. The City Council has visited the site a number of times and has heard the concerns of the neighborhood which are legitimate. It is obvious there is a huge dust issue and the City is addressing it. The neighborhood is concerned about traffic and kids on the road at the same time. If City property can solve the problem, the City should move forward with a plan for connectivity immediately and direct staff to do that from the entrance of the Knolls to the south where the school will be. Connectivity should be made a part of Phase One of the park to help solve this problem immediately. The City will look at a light and the bridge. Because of the uniqueness of the trucks and schools and that intersection, the bridge needs to be looked at, and the City will respond to this.

MOTION: A motion was made by Council Member Gardner to grant the zone change, indicating that it complies with the City?s long term master plan, and is an appropriate use for the specific property. When the road is built it will become more evident that it is the right use and will help solve problems and identify the eventual use of the property. He clarified that the lower portion of the property from the dark line south would remain in the use that Bryce Christensen Excavating is doing right now and any other use would have to be approved in the years to come. This provides opportunity for retail on the northern piece.
SECOND: The motion was seconded by Council Member Allen.

Community Development Director Bob Nicholson clarified that Mr. Christensen?s present use of the property includes gravel extraction, a truck yard, and truck repair shop.



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November 1, 2007
Page Twenty

Council Member Gardner inquired of Mr. Christensen if he repaired his trucks on site.

Mayor Pro Tem Orton commented that Mr. Christensen could do no more than he was doing now.

Mr. Christensen verified that he repaired his trucks on site.

Council Member Gardner commented he did not find that use offensive, but consistent with the present uses.

Mr. Nicholson clarified that the allowed uses would be for gravel extraction, a truck yard, and servicing of Mr. Christensen?s own fleet.

Council Member Bunker inquired if Council Member Gardner?s motion approved all the uses listed for the northern portion, including a nursery with landscape rock.

Council Member Gardner clarified that it did.

Council Member Whatcott commented that the problem is that one business alone does not require the additional road improvements, or the stop light at River Road, or the bridge to be reconfigured so that the concrete barriers do not block the line of sight. If this is done individually, the improvements will never get to where they need to be, but cumulatively they do. He stated he agreed with the concept and is in favor of the zone change, but is worried about the mechanics of making it work.

Council Member Allen commented that staff has now been instructed to look at the traffic problem with the bridge.

Council Member Gardner commented that his understanding of how this will work is that the suggested use will not add to the number of trucks and would be very minimal. If the City did nothing, there would still be a problem. The City needs to step up and look to see what it can do to resolve the problems. He stated he did not think the City could impose the solution totally on a zone change.

City Manager Gary Esplin clarified that the City can only require what the applicant?s business is required to improve. As an example, he stated the first, second and third businesses would not be required to make improvements, but when the fourth business came in, the threshold would be met and the fourth business would then have to pay for everything. He stated that if Star Nursery located here, under the current motion, they would have to present their plans, elevations, layout, materials, etc. for approval before they could begin building. There would also have to be an engineering site analysis, traffic study, and they would have to pay for a portion of what they add to the problem.

Council Member Whatcott commented that in a PD, the City has the right to impose restrictions.

City Attorney Shawn Guzman clarified that for a parcel within a PD zone to be developed, the City can require the plan for the entire parcel to see where the buildings will be located. If the applicant wants a change later on, he would have to come back to the City Council and show the change. The City also approves the uses within the PD zone. A preliminary traffic study could be done based on the entire piece, but this is something the City has not done before. Or a development agreement can be used.

Council Member Whatcott commented that the problem is the Knolls. He inquired who owned the property from the back walls and if they were required to put in a trail on that side of the road or a sidewalk because they owned the property. In order to get the infrastructure in and eliminate safety issues, a PD zone gives the City the ability to make sure it is right when the development goes in.




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Council Member Allen expressed concern with the zone change if it did not include improvements for the businesses. A conditional use permit is different than a zone change. There is already an existing business and the improvements should go in.

City Attorney Shawn Guzman advised that Mr. Christensen?s use of the property was pre-existing.

Council Member Allen commented that his use was through a conditional use permit.
She commented that if Mr. Christensen continued the existing use of his property for another 20 years, this would mean the road would not get improved for 20 years.

City Attorney Shawn Guzman replied that unless he changed some aspect of the business, this would be correct. What he is doing now does not trigger the City?s ability to make him complete the roadway or to provide funds to help.

Community Development Director Bob Nicholson explained that the conditional use permit has expired. The truck facility there now will move to the south, so a new application is required.

Mr. Christensen stated that he was not going to move the truck facility.

City Manager Gary Esplin commented that the conditional use has expired, but the City at some time agreed with his phasing and use of the property before there were any adjacent homes. To say that the applicant doesn?t have the right to be there is not fair to the original intent.

City Attorney Shawn Guzman stated he disagreed with Bob Nicholson and that if Mr. Christensen continued what he is doing now, this would not trigger the City?s ability to say it wants a traffic study and require offsite improvements.

Council Member Gardner commented that a lot of time and money has been wasted on traffic studies just to find out that improvements are not justified. Perhaps a small contribution would be appropriate after some calculation is made and the applicant is willing to address the issue. If it needs to be tweaked in a work meeting, he stated he would be willing to table the matter.

Council Member Allen commented that in her mind the road should be finished.

Bryce Christensen, applicant, commented that the frontage road goes nowhere. He stated he would participate when the time comes which is when the population warrants the road.

Council Member Allen inquired about the intersection on River Road.

Mr. Christensen replied that the City has a development agreement with Quality to finish the road to his property. The dirt has been dug out and cut back into the wash. He stated he felt the road should be three to four feet higher to protect homes and property to the north. When the nursery is put in, he will develop the frontage for the nursery. He stated the frontage road would have nowhere to go until there is development to the south.

Council Member Allen inquired about completion of Horsemans Park Road.

City Manager Gary Esplin replied that maybe the City could finish it to solve the concern about it. Bryce just wants to operate like he is now and perhaps the northern portion could be approved with a development agreement. The City Council could also grant a conditional use permit for as long as he is operating today on the south portion but indicate that when the road goes somewhere to the south, and the eventual plan is to take it to Commerce Drive, Bryce would agree to dedicate and improve his portion at that time. A conditional use permit would allow his existing uses until the gravel is gone.
He recommended that the City Council proceed with the zone change on the northern portion of the property along with approval of the proposed uses, but when it is

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November 1, 2007
Page Twenty Two

developed Mr. Christensen will have to come to the City for a development agreement to address the improvements.

Council Member Gardner clarified that a development agreement would not be needed until Mr. Christensen came in with a proposed development on the northern portion.

City Manager Gary Esplin recommended that the applicant?s current operation should be allowed through a conditional use permit to continue the gravel extraction and existing uses until the gravel is gone. Part of the conditional use permit would be that the applicant agrees to dedicate and improve his frontage along the main road when the road goes somewhere to the south, or is needed by the City.

AMENDED MOTION: Council Member Gardner amended his previous motion to grant the zone change on the northern piece of property. When a use is proposed, a development agreement will identify what improvements need to go in at that time. The lighter shaded area is approved for a conditional use permit with a development agreement that says when the property is improved or the City needs the road further to the south, at that point in time the property would participate in development of the road.

City Attorney Shawn Guzman clarified that the lighter shaded area referred to is on the zone change exhibit map dated November 1, 2007.

SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

Council Member Allen commended the audience on its patience. She stated that Mr. Torres? remark was very uncalled for and embarrassing to the group.

Mayor Pro Tem Orton commented that this City Council has worked and sweated over Little Valley more than any other area of the City and has done what?s best for the whole community in St. George.

PUBLIC HEARING/RESOLUTION:
Public hearing to consider amendments to the fiscal year 2007-2008 budget for the City of St. George.

City Manager Gary Esplin recommended adjustments to the budget based on the salary market survey.

Mayor Pro Tem Orton opened the public hearing. There being no public comment, he closed the public hearing.

City Manager Gary Esplin explained that the salary survey uses 26 cities with a population of 25,000 or more and uses some counties where there are no similar positions. Special districts are used for fire and water positions. The average increase is 4.5%.

Council Member Allen commented that the City budgeted $600,000 for salary adjustments.

City Manager Gary Esplin stated that the cost went up more than anticipated.

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November 1, 2007
Page Twenty Three

Council Member Allen commented that the City does a salary survey and adjusts salaries every year, not just this year.

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

Council Member Gardner - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Allen - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to establish a car wash in a C-1 zone located at the southwest corner of Ft. Pierce Drive and River Road. Jeff Morby, applicant.

City Planner Ray Snyder explained that the applicant?s original request was for a zone change to PD, but was withdrawn. They instead submitted a request to amend the City Code by adding car washes in the C-1 zone with a conditional use permit. The applicant has spent a lot of time working on the driveway locations. There are no driveways on Ft. Pierce. The City Traffic Engineer is in support of the proposal for a right-in right-out only. The Planning Commission recommends approval subject to the following conditions:

(1) Install two speed bumps on the east side of the building to discourage traffic passing through the property to use as a short cut to River Road and bypass the signalized intersection of River Road and Ft. Pierce Drive.
(2) Install additional landscaping on the south wall between this commercial site and adjoining residential property. Create tree canopies that intermingle.
(3) Install a right-in and right-out only driveway on River Road.
(4) The hours of operation shall be controlled to only 7:00 a.m. to 10:00 p.m. year round.
(5) The site shall incorporate dark sky style lighting. A photometric plan shall be submitted during the plan check process for staff review.
(6) The vacuums shall be clustered as close as possible to the landscaping on the north side of the property. Staff shall verify during the plan check process.
(7) The block wall on the south side of the property between the commercial site the adjacent residential property shall meet city ordinance for walls. Staff shall verify during the plan check process.
(8) The washing bays shall have plastic or vinyl sheeting.

Mr. Snyder advised that two letters in opposition to the request have been received.

Larry Blake, applicant, advised that he has owned the property for 15 years and has pushed the accesses as far south as possible, and agreed that there would be no access on Ft. Pierce. Also, the building was moved as far north as possible to make it fit into the area.

Council Member Whatcott inquired if there was a right hand turn lane into the project from River Road.

Mr. Blake replied that they have already had to push the accesses as far south as possible in order to utilize the property for anything. A right hand turn lane will not fit. They ended up with a remnant piece of property after the road went in, for which they had to give up some property. They also participated in a special improvement district.



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November 1, 2007
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Council Member Whatcott commented that cars traveling 40 mph will have to stop for cars turning into the car wash.

Mr. Blake replied there is the same problem with the convenience store across the street.
He again advised that when they agreed with the City where the accesses would be and that there would be no access to Ft. Pierce, this is what they ended up with.

Jeff Morby, applicant, explained that they have been working on this project for two years and met with Aron Baker several times on access. It is not the best, but it is about all that can be done because of their participation in the special improvement district, and allowing the City to bring a drain down took 20 feet of their property. Their intent is to be a good neighbor. The elevations are upscale, and together with the landscaping will improve the corner.

Mike Call, a resident of the Sunrise View Townhomes, advised he has lived in Bloomington Hills for 23 years. The townhomes are located adjacent to the car wash. He expressed concern with turning on to Ft. Pierce Drive. He advised there is no turn lane onto 1400 East, and traffic backs up causing gridlock. It is difficult to turn left into Mr. D?s, and there is a new subdivision in the works south of Ft. Pierce. He stated he did not want the obnoxious noise from vacuums, stereos, and beeping coin machines, littering, traffic and pollution which this business will bring into a nice neighborhood.

Mayor Pro Tem Orton advised that the property is zoned commercial, and the proposed use would generate less traffic than other uses.

Ms. Wagoner stated the proposed project would add to the traffic and it now takes her five minutes to get out of her driveway in the morning.

Mr. Call suggested the property could be used for extra parking for Mr. D?s.

Mayor Pro Tem Orton replied that the applicants have a right to a commercial use.

Ms. Wagoner stated there were safety issues crossing the street.

Council Member Gardner commented the car wash is a conditional use in a commercial zone. There are a lot of other uses which could go in without the City Council ever seeing them. The property will be developed.

Mayor Pro Tem Orton advised that the property is zoned commercial and the applicants have a right to put anything on the property that is on the list of approved commercial uses.

Council Member Allen commented that a car wash seemed to be less of an impact and a better use than another convenience store, which the applicants could put there.

City Manager Gary Esplin explained that there are certain uses in the commercial zone
which require a conditional use permit, and certain uses which do not. If the applicants wanted to build a convenience store on the property, they could do so without City Council approval. A car wash requires a conditional use permit.

City Planner Ray Snyder showed the list of commercial uses to Ms. Wagoner.

Mr. Call commented his biggest concern is the loitering and after hours noise. He understands the applicants own the property and have earned the right to do what they want.

Colette Bergeron commented that this corner is a death trap. She inquired if the City or applicant would be willing to pay for a big lawsuit when someone is killed there. She stated that one gentleman who could not be here this evening suggested that River Road be widened.



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November 1, 2007
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Mayor Pro Tem Orton replied that the road is master planned and the applicants have met every rule placed on them by the City. They have a piece of property and have rights. Further, the traffic will not be created by this project, as the traffic is already there.

Barbara Biggs, a homeowner across from Sunrise View, inquired if there would be a left turn lane onto 1400, or a stop sign coming from Ft. Pierce going east on the corner. She advised this corner is a deathtrap. She commented that with this plan, the majority of
homeowners will come out into 1400 and make more traffic on that corner. She stated that the traffic study must have been done on a Sunday or at night, because Ft. Pierce is a very busy road.

Council Member Gardner inquired if there was a way to have a double turn lane to go north.

Mayor Pro Tem Orton replied that staff has written down this suggestion and will check on it.

Council Member Whatcott commented that the area is not wide enough for a double turn lane.

Elizabeth Able advised that she has lived in the area for three years. She suggested that a little median be installed off 700 South where the gas station is by Little Ceasars. She also suggested installation of a median by the golf course and widening the road a little for a turn lane.

Larry Blake advised there will be a T-bone so traffic can only turn right.

Council Member Gardner commented that while he recognized the concerns of the neighbors, the owners have vested property rights. Property rights are guaranteed by the land in which we live and the Constitution. He stated he did not find the proposed use offensive.

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

Council Member Whatcott commented he still believed there were traffic issues there. He stated he agreed with the T and the right-in and right-out, but there are major problems on Ft. Pierce which are not the applicants? fault. Even if the traffic department looked at it again and gives it a second thought, a right hand turn lane is needed.

City Manager Gary Esplin advised that traffic issues will be discussed at the next work meeting. If the City Council is inclined to approve the request, perhaps they could impose a condition that the traffic be reviewed and have staff answer the questions that have been brought up before the final stamp of approval is given. The City cannot respond to the concerns without traffic staff present.

AMENDED MOTION: Council Member Gardner amended his previous motion to approve the conditional use permit subject to the recommendations of the Planning Commission, and with hopeful involvement and further discussion on the traffic issues.
SECOND: The motion was seconded by Council Member
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

Council Member Whatcott commented that the applicants are logical people and if there are options to make the project more accommodating for the neighbors and safer access, he would think the applicants would be for it. However, there may not be any options.

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November 1, 2007
Page Twenty Six

Jeff Morby, applicant, advised that they are not proposing anything that would jeopardize the safety of anyone. There is a little flexibility as they have more landscaping than required. He stated they would be willing to make it fit as best as they can.

Mayor Pro Tem Orton commented there had to be give and take from the City too.

SIGN VARIANCE:
Consider approval of a variance to the Sigh Code to allow a 66' tall pole sign at approximately 2800 East and north of 850 North Street. Tai Pan Trading Co., applicant.

Community Development Director Bob Nicholson explained that this request was heard by the Sign Review Board two weeks ago who debated it for an hour. The bottom line is the Tai Pan Trading property is 16 feet lower to the rear of the store below adjacent grade. They are asking for a 66' sign to make up that difference. The Sign Review Board recommended approval due to the unique circumstances of the site and with the condition that photo simulations of the sign are provided to the City Council. He advised that at one time a retaining wall was proposed for the sign where the power pole is, but due to the cost it was not economically feasible. He displayed pictures of the site and proposed pole.

Council Member Gardner commented that because of the location, he did not think the height of the sign was an issue as it would not be imposing.

MOTION: A motion was made by Council Member Gardner to approve the sign variance.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
BUILDING DESIGN/CONCEPTUAL SITE PLAN:
City Planner Ray Snyder explained this request is for a parking structure for the Stephen Wade car dealership. The site is zoned PD. The applicant can do a paved parking lot without coming before the City Council, but since they are requesting a two level parking structure, they must have Council approval. The highest point of the parking structure is at street level of Blackridge Drive. The building will have to meet setbacks. He displayed a photo simulation of the site. The Planning Commission asked that the landscaping comply with the landscaping plan and what is provided in the packet this evening. The Planning Commission recommends approval subject to the following conditions:

(1) The structure, colors and materials shall be per October 23, 2007 submittal to the Planning Commission and City Council on November 1, 2007.
(2) The parking structure is approved for two levels as presented.
(3) Display vehicles on pads 23-26 shall be accessed by the parking structure and not Blackridge Drive.
(4) A SPR (site plan review) application along with four sets of plans shall be submitted to the Development Services Department for standard plan check review.
(5) Provide a photometric plan. Pole lighting shall be of a dark sky style with no lens protruding below the side perimeter of the fixture. The light levels are to be verified by a light meter prior to occupancy.
(6) Any signage shall be under separate permit.
(7) The landscaping shall be installed to match the landscape plan submitted.
(8) Meet the requirements of the City Traffic Engineer.
(9) Meet the requirements of UDOT.
(10) All signing and striping shall conform to the City of St. George and MUTCD standards.

Council Member Gardner inquired about future traffic issues.



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November 1, 2007
Page Twenty Seven

Bill Western, representing the applicant, advised there would be no entrance off Black Ridge Drive. The structure will be located inside the dealership where there is already an existing driveway. Future roadway improvements will not impact the structure. The structure will be used for storage, auto storage and customer parking, etc. The structure is located 20' back from the road, and there are plans in the works for realignment of the road.

MOTION: A motion was made by Council Member Gardner to approve the building design/conceptual site plan.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.

HILLSIDE DEVELOPMENT PERMIT:
City Planner Ray Snyder explained the applicant, Sunroc, would like a hillside development permit for storage yard expansion on two acres off River Road behind the existing Sunroc plant. The Hillside Review Board met on site and recommended approval subject to:

(1) The cuts will be subject to the geotech engineer?s recommendations for stability.
(2) The actual cut may be vertical if demonstrated to be stable, otherwise it will be required to be sloped.
(3) The top of the hill shall be undisturbed.
(4) Safety warnings shall be installed on top to warn any hikers, bikers, or off-road vehicles to avoid the area. This may be accomplished by barriers or signage.
(5) The applicant shall designate a ?no disturb area? on the plans and install orange fencing to indicate construction limits.
(6) A single level Geneva concrete block course shall be installed at the toe of the cut to function as a retaining wall for any rock fall or debris.
(7) The applicant shall resolve with staff the issue of zoning on the site.
(8) An official grading plan shall be processed by Development Services.

The Planning Commission recommended approval subject to:

(1) The recommendations of the Hillside Review Board.
(2) A zone change application shall be submitted and approved by the City Council.
(3) A site plan review application shall be submitted to Development Services for processing. It shall include a site plan, grading plan, cross sections, erosion control plan, and other details as deemed applicable by staff.

Council Member Bunker inquired about fossils. She was advised that the site has already been disturbed and there are no fossils on site.

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

LOT SPLIT:
City Planner Ray Snyder explained the applicant would like to split one lot into two at 167 South 500 East and end up with two lots, each 8,712 square feet. This is compatible with the zone, which is R-1-8. The narrowest a lot can be in the R-1-8 zone is 70'. This old lot was 132' x 132', so the lots will be 66' wide. The RCC zone allows a 65' wide lot.

MOTION: A motion was made by Council Member Gardner to approve the lot split.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried.
AGREEMENT:
Consider approval of a public defender agreement with Lamar Winward.
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November 1, 2007
Page Twenty Eight

City Manager Gary Esplin explained that the law requires a public defender for those who cannot afford to hire an attorney. Lamar Winward has done a great job in past years, and it has been three years since his last increase. He recommended approval of the agreement in the amount of $25,344 annually.

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

REQUEST TO CLOSE STREET:
Consider approval of a request to close 300 East Street between 400 and 500 South Streets on November 24, 2007 for the annual temple lighting program. Church of Jesus Christ of Latter-Day Saints, applicant.

City Manager Gary Esplin explained that street closure for this event has been done in the past without any problems. Closure of the street helps with traffic control and makes for a nice community event. He recommended approval.

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

REQUEST TO CLOSE STREET:
Consider approval of a request to close a portion of Main Street between Tabernacle and 100 South on November 9 from 2:00 - 8:00 p.m. for the Dixie State College Centennial Campaign kick-off celebration. Dixie State College, applicant.

City Manager Gary Esplin explained that the College is expecting a large number of people at the Town Square. Staff?s only concern is they are asking the City to do traffic control and participate in the event. Staff wants to make sure that access to the bank is accommodated as in the past.

Council Member Bunker commented that very talented local people are in the charge of the event. She invited everyone to attend. She stated her only concern is that every event at the Town Square might ask to have the street closed.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held October 11, 2007.

And

Consider approval of the minutes of the regular City Council meeting held October 18, 2007.

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




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November 1, 2007
Page Twenty Nine

CLARIFICATION OF MINUTES:
City Attorney Shawn Guzman advised that Blue Mountain Group has some concern with the minutes and would like clarification of what occurred.

Matt Ence, representing Blue Mountain Group, advised that when his clients left the meeting two weeks ago after the City Council considered their request, they left with the understanding that the City Council had invited them back for consideration of a PD mixed use development with design changes that would address the issues which were brought up. Since that time, staff, after interpreting the minutes, said based on the motion made by Council Member Allen, it was found that the request was denied based on the finding that the property was not located within the urban core. Staff interprets this to mean that the applicant cannot come back with a request for another mixed use PD zone change proposal, and this is not what the applicants took away with them from the discussion with the City Council. He stated his clients are ready to come back to the City Council with a mixed use proposal.

City Attorney Shawn Guzman read the motion from the minutes.

Council Member Allen commented that perhaps some of the issues talked about need revisiting. She was trying to have both sides work together.

Mayor Pro Tem Orton commented that before the motion was made, the City Council agreed the highest and best use for that property was not a residential neighborhood. Deputy City Attorney Paula Houston instructed the City Council that findings had to be made as part of any motion.

Council Member Allen commented that the whole point of the motion was to deny it so they could move on and come back.

Mr. Ence commented that the motion as written is inherently contradictory.

City Attorney Shawn Guzman commented that one of the reasons the request was denied was the finding that the property was not within the urban core. He inquired if this has not changed, then how could the request come back as a mixed use residential project. The motion implies that the City Council was not willing to make that exception on that particular proposal. The applicants can make a proposal on a smaller piece. However, when the City Council denied the request based on the fact that the location is not within the urban core, if the project is still in the same place, how is that different and what has changed?

Mayor Pro Tem Orton stated he felt the three story buildings were too big and massive.

City Attorney Shawn Guzman inquired if the City Council?s intent was to say that the mixed use development could not come back.

Mayor Pro Tem Orton replied that they were just following Deputy City Attorney Paula Houston?s lead.

City Manager Gary Esplin commented there was some question why the request even made it before the City Council because it did not meet the requirements of the ordinance to begin with. The Planning Commission recommended denial because of the findings on acreage and the urban core issue. The City Council discussed for a half hour where they thought the urban core was, and Council Member Bunker commented she did not feel the proposed site was the urban core. He inquired how a mixed use project can even be considered if it is not within the urban core. The City Council would have to redefine the urban core or make a special condition to allow the request to be reheard.

Council Member Allen commented she felt her motion allowed them to come back with a different project and have an opportunity to be reheard if there was a significant change.


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November 1, 2007
Page Thirty

City Manager Gary Esplin commented the question is whether the applicants can bring forth another mixed use development or other development. He stated his feeling was the City Council gave them license to come back within a year to put in an office building.

City Attorney Shawn Guzman commented the minutes do not say if the applicants can come back with another mixed use development. The motion does say in its findings that the property is not located within the urban core and does not meet the five acre minimum.

Council Member Bunker commented her understanding was the applicants could not come back with a mixed use project.

Matthew Ence commented he was simply asking what the intent of the motion was. If the intent of the motion was to find that the property is not within the urban core, then the applicants will have to live with that. If, however, the intent was different, he did not know how procedurally to take care of that.

Council Member Allen commented that if her intent in making the motion had been for the applicants to come back with a mixed use project, Council Member Bunker would not have seconded the motion. Her feeling was the applicants were going to take off the top level and make a two story office building. She stated she did not even think about mixed use, and the top level was what made it mixed use.

City Attorney Shawn Guzman advised that the applicants can subdivide the parcel and have a residential parcel and a PD parcel and do a zone change to accommodate this.

Mayor Pro Tem Orton commented that the problem is the time the applicants have spent working on this project. If they go to an AP office use, they will have to do a master plan change, and then a zone change, and then come in with an AP plan. The City Council likes the project, but did not like the massiveness of it. Maybe legally there is nothing to be done, but the City Council?s intent was not that the applicant would have to start all over again and said in its motion that the time period and fees would be waived.

City Manager Gary Esplin advised that public hearing requirements cannot be waived. The City Council waived the fee and time period. They felt that something more than residential would be acceptable and wanted to send the applicant a message that they would entertain something else without the requirement of a fee.

Matthew Ence commented his understanding is that the modified proposal has to go back to the Planning Commission and then the City Council.

City Manager Gary Esplin replied that the Planning Commission?s denial was based on certain criteria. That criteria would have to change.

Mr. Ence advised that the ordinance defines a significant change, and one is a reduction in density.

City Attorney Shawn Guzman stated that it still goes back to the same problem - the findings.

City Manager Gary Esplin commented that the intent of the motion cannot be changed.

Mayor Pro Tem Orton advised he thought the City Council had an AP office use in mind and wants that. He stated he did not think any of the City Council thought the request would come back as a mixed use project.

Community Development Director Bob Nicholson advised that ten days notice is required in the newspaper for a master plan change, and it could be scheduled on the November 27 Planning Commission agenda.



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November 1, 2007
Page Thirty One

Council Member Whatcott commented that to him the height was the key issue. He stated he agreed with Council Member Bunker that the location was not within the urban core. However, this does not mean the proposal would have been a bad thing either, but two levels would be better. Mixed use would have been fine, but the buildings were over-imposing. The law is the law, and that is part of the criteria used for mixed use.

Council Member Allen suggested the five acre minimum requirement be revisited.

City Manager Gary Esplin advised that if the property is located within the urban core, it can be less than five acres.

Mayor Pro Tem Orton commented that the applicants will unfortunately have to go back through the process. He instructed staff to accommodate them as quickly as possible.

Council Member Whatcott commented the alternative is to change the law.

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

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Bunker - aye
Council Member Allen - aye
Mayor Pro Tem Orton - aye

The vote was unanimous and the motion carried.

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

The meeting adjourned at 10:30 p.m.




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Gay Cragun, City Recorder