City Council Minutes

Thursday, February 21,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 21, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gloria Shakespeare
Council Member Gail Bunker
Council Member Suzanne Allen
Council Member Gil Almquist
Council Member Jon Pike
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Attorney Joseph Farnsworth
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Patrol Leader Stoker from a local Scout troop. The invocation was offered by Jon Pike. Mayor McArthur invited all the Scouts in the audience to introduce themselves and repeat the Scout promise. He invited all citizens interested in offering the invocation at a City Council meeting to contact the City.

TABLE ITEMS:
Mayor McArthur advised that Item 4A, an ordinance amending Title 7, Chapter 1, St. George City Code, to incorporate the City?s access management policy, Item 5B, a resolution authorizing and approve the absolute assignment and transfer of the City?s Payson Power Project Power Sales Contract, an absolute assignment agreement and related matters, and Item 6K, approval of the UAMPS Payson Power Project Absolute Assignment Agreement, were tabled from the agenda.

APPROVAL OF CHANGE ORDERS:
Consider approval of change orders for Cottonwood Cove Park (formerly Willow Run Park).

Purchasing Manager Connie Hood explained that one of the change orders is for a sand volleyball court and related improvements in the amount of $35,664. The other change order is for installation of stairs and handrails at the climbing wall in the amount of $27,198.60, for a total of $62,862.70 with Precision Excavating.

Mark Goble explained the completion date for Cottonwood Cove Park is the end of May. The playground equipment will have a space age look with lots of moveable parts and will be a great destination playground.

City Manager Gary Esplin explained that a majority of the funding for the project was obtained through the efforts of Deanna Brklacich through the FEMA flood program. Park impact funds and capital project funds will also be used.

Laura Taylor, Park Planning Manager, advised the Hidden Valley Park dedication is scheduled for February 29 at 4:00 p.m. The Sun River trail will be constructed this summer and is now in the design process. She advised that a dog park will be built at JC Snow Park. A neighborhood meeting was held about the Firehouse Park as well as with residents of the Knolls Subdivision on The Fields Phase 2. Splash pads are planned for Shadow Mountain Park and Cox Park for now, as well as Hidden Valley Park. She explained that the dog park in JC Snow Park will consist of one acre divided in half - one half for small and timid dogs and the other half for large dogs. Eight citizens have volunteered to sit on a committee to formulate rules for the dog park.

City Manager Gary Esplin commented that the 2450 East Park is also being considered for a dog park.

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

AWARD OF BID:
Consider award of bid for a climbing wall in Cottonwood Cove Park.
Purchasing Manager Connie Hood advised two bids were received. She recommended award of the bid to Monolithic Sculptures in the amount of $67,550, which includes Alternate One.


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February 21, 2008
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MOTION: A motion was made by Council Member Allen to award the bid as recommended.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for mega lugs and fittings for the Water Department.

Purchasing Manager Connie Hood advised three local suppliers submitted bids. She recommended award of the yearly blanket to Scholzen Products, the lowest overall bidder, in the amount of $75,000, and to Ferguson Waterworks, the next lowest bidder, in the amount of $50,000. Ferguson will be used as a secondary source in case Scholzen does not have what the City needs.

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

APPROVAL OF AGREEMENT:
Consider approval of a cost sharing agreement with Quality Development for a water line to the replacement airport.

City Manager Gary Esplin explained that Quality Development owns property by the new airport which it will develop some time in the future. The City is ready to bid for excavation at the new airport site and needs water for this purpose. It is proposed the City participate with Quality in installation of this water line in order to save $200,000.

Water Services Director Barry Barnum advised the line begins where the canal crosses 3000 East and runs south ending where the small road to the airport begins to the base of the hill. The line is a 16" line. It will eventually extend through the airport and service a lot of the area to the south and east of the airport.

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

AWARD OF BID:
Consider award of bid to upgrade infrastructure in the Dixie Downs area.

Purchasing Manager Connie Hood explained the bid was split up in order to get a better price. She recommended award of Schedule A to Red Canyon Contractors in the amount of $600,200,59, and award of Schedule B to JP Excavating in the amount of $63,500, for a total of $663,700.59. The project includes installation of new sewer lines, laterals and storm drains.

City Manager Gary Esplin commented that CDBG funds are being used for purchase of materials for the project, but this will be a separate bid.

Water Services Manager Barry Barnum explained that Red Canyon Contractors will install the new sewer lines and storm drains. JP Excavating will reroute the existing sewer laterals from behind the homes to the road to the new main line. These bids are for installation only.

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

RESOLUTION:
Consider approval of a resolution abandoning a public utility and drainage easement which runs along the west side of Lot 7B in the Ft. Pierce Industrial Park. Mike Warren, applicant.

City Manager Gary Esplin explained the applicant met with the joint utilities board to make sure that adequate provision for utilities has been made. Staff recommends approval.

MOTION: A motion was made by Council Member Bunker to approve the resolution.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:
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February 21, 2008
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Council Member Bunker - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Pike - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing and approving the absolute assignment and transfer of the City?s Payson Power Project Power Sales Contract, an absolute assignment agreement and related matters.

This item was tabled.

RESOLUTION:
Consider approval of a resolution adopting an updated conservation plan.

City Manager Gary Esplin commented that every five years the City is required to update its conservation plan.

Conservation Coordinator Ren? Fleming explained the City has been aggressive in its water conservation efforts by developing several programs and partnerships. Residential water use has dropped 27% over the last five years. Conservation programs include a toilet replacement program, upgrading the City?s SCADA system to monitor the water tanks so they do not overflow, an appliance rebate program, and free lawn water audits. The City just received verbal notice that its proposed outdoor landscaping rebate program has been funded. Changes to the conservation plan include more specific goals and programs.

Council Member Almquist inquired about policing of excess water use.

Ms. Fleming replied that she investigates water waste complaints but does not issue tickets.

Council Member Almquist inquired if the irrigation water in Bloomington is part of the City?s program.

Ms. Fleming replied that daytime watering is targeted at culinary water.

Council Member Almquist commented that it was the City?s intent to have a secondary water system for outside watering.

City Manager Gary Esplin advised that the City is the manager of the Bloomington Water Company and owns a majority of the water shares. The goal is to have a secondary water source. The first area to have one will be south of River road and the Little Valley area.

Council Member Almquist requested that Ms. Fleming investigate a water leak in the vacant lot behind the Lutheran Church in the Bloomington area.

Ms. Fleming advised that citizens can obtain information about conservation on the City?s web page.

Mayor McArthur advised that Ms. Fleming is also the conservation coordinator for power and anyone desiring information on conservation can contact Ms. Fleming.

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

Council Member Shakespeare - aye
Council Member Allen - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.



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February 21, 2008
Page Four

RESOLUTION:
Consider approval of a resolution authorizing a trade of land with the Utah State Parks Division to widen Red Hills Parkway.

City Manager Gary Esplin explained the areas being traded and advised that it must be done on an equal basis and appraisals are needed. The City is trading for property needed to widen Red Hills Parkway.

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

Council Member Pike - aye
Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Allen - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a sales tent. The Ledges, applicant.

City Manager Gary Esplin explained there have been no issues when a sales tent has been used in the past.

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

Council Member Almquist inquired if vehicles with advertising banners were legal.

Community Development Director Bob Nicholson replied that signs on vehicles are allowed unless the vehicle is being used exclusively as a sign.

HOMELAND SECURITY GRANT:
Consider approval of the Articles of Agreement for the Homeland Security Grant Program for the St. George Bomb Squad.

City Manager Gary Esplin explained the City has received funds in the past, and approval of the agreement will allow the City to obtain additional equipment and training through the grant.

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

DOWN PAYMENT ASSISTANCE PROGRAM:
Consider approval of proposals to help administer the Down Payment Assistance Program for people with low and moderate income.

City Manager Gary Esplin explained the City sets aside funds each year to help those who qualify for this program in an amount up to $10,000. The homeowner is not required to pay this back until they sell the home. In the past Color Country Community Housing administered this program for the City. The City requested proposals, and it is recommended that the Five County Association of Governments be selected to administer this program.

MOTION: A motion was made by Council Member Bunker to select the Five County Association of Governments to administer the City?s down payment assistance program.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

DOWNTOWN BUSINESS ALLIANCE:
Consider approval of a proposal from the Downtown Business Alliance for downtown events.

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Marc Mortensen, Assistant to the City Manager, explained the Downtown Business Alliance is asking for nine things from the City at a cost of $58,710 to the City.

Jerry Christensen, President of the Downtown Business Alliance, distributed a handout to the Mayor and City Council.

Ed Wallace advised it is projected that 175,000 people will attend the events. Their budget is $145,000, with the City?s portion at one-third of that. The remainder will come from sponsorships and booth rentals.

Mayor McArthur commented that while he was in favor of happenings in the downtown, the proposed amount is quite a cost to the City, and the City itself sponsors a number of events in the downtown. The City has had to cut its budget this year and he was not sure where the funds would come from. He stated the City has a lot of businesses, not just those in the downtown.

City Manager Gary Esplin commented that the events seemed to be worthwhile, but his biggest concern is that the City does not have $35,000 in cash to contribute, unless the City Council wishes to change the priority of funds available. The bottom line is where the City Council wants to place its priorities and spend money.

Mayor McArthur recommended that the matter be tabled for further study.

Sandra Lenois commented that the first main event, a car show, is planned for April 12, and marketing for this event has already begun.

Council Member Almquist inquired if marketing was already being done, why $5,000 is being requested from the City.

Ms. Lenois replied the $5000 was needed for more marketing.

Mr. Wallace advised the $5000 was also needed to enhance the car show.

Council Member Bunker expressed concern that most of the things in the Downtown Business Alliance?s budget appear to be paid for by the City. Most grants from various organizations require the event itself to provide at least 75%of its funding from other sources and it appeared to her that the City was funding at least 90%.

Ms. Lenois replied the City would be funding 33%.

Mayor McArthur again suggested the matter be tabled for further study.

Mr. Wallace requested that the first three events through June be funded.

Council Member Bunker inquired if the City Council were to approve the first three events through June without allocating hard cash since it did not know where it would come from, if in-kind donations such as policing, garbage pick-up, street closure, etc. would be enough assistance from the City.

Mr. Wallace replied that the in-kind donations were not significant compared to the hard cash.

Mayor McArthur suggested that just the April event be funded at this time as more discussion is needed.

City Manager Gary Esplin commented that if the City Council felt inclined to do so, the City could provide a maximum of $15,000 this budget year in sponsorship. He suggested that RDA funds might be able to be used, as well as funds set aside for finishing up other projects in the downtown. The City Council will have to consider this request during the budget process and how it fits into the rest of the priorities it has.

Mayor McArthur commented he felt the donation of funds should go through another level of scrutiny, such as when the Arts Commission recommends allocation of funds to arts organizations. He inquired if the vendors would have to have business licenses.

Mr. Wallace replied they would have to have temporary permits.



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February 21, 2008
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Laura Woolsey, Business License Officer, replied the vendors will require sub-licenses and
temporary sales tax numbers issued by the State of Utah. She advised that even businesses located within St. George will require sub-licenses if they are doing business off their licensed location.

Council Member Almquist suggested that the City add a link to its website to the Downtown Business Alliance website.

MOTION: A motion was made by Council Member Pike to approve a total of $15,000 until the end of the City?s budget year for however the Downtown Business Alliance would like to use it.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Almquist advised he would like the applicants to come back to the City Council to show how the money was spent to make sure it was not all spent on one event.

CLARIFICATION OF MOTION: Council Member Almquist inquired of Council Member Pike if his motion was that the $15,000 total included donation of both in-kind services and cash. Council Member Pike replied that it did. Council Member Bunker agreed this was also her understanding when she seconded the motion.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change request from R-1-6 and R-1-10 to PD Commercial on 3.87 acres located at approximately 2200 East Riverside Drive. Robert Anderson, applicant.

City Planner Ray Snyder explained the project?s name is ?Office Park at Dinosaur Crossing? and consists of four identical two story buildings. From the front, however, the buildings will appear to be one story. No opposition to this project has been received. The Planning Commission recommends approval subject to the following conditions:

1. Elevations and colors shall match the submittal to the Planning Commission on January 22, 2008 and City Council on February 21, 2008.
2. A site plan review application shall be submitted to staff.
3. A photometric plan shall be provided.
4. Riverside Drive shall be widened to accommodate an 80' right of way.
5. Provide a right turn deceleration lane on Riverside Drive.
6. The driveway on 2200 East shall align with the existing access to the dinosaur museum.
7. A formal agreement approved that limits driveway access on Riverside Drive to right-in and right-out only when requested by the City. This requirement shall appear in the CC&Rs and recorded on the plat.
8. Show the striped center turning lane on Riverside Drive.
9. The applicant is responsible to notify future tenants of access restrictions.
10. Funds shall be placed in escrow to guarantee a restrictive island will be placed in Riverside Drive to inhibit left out traffic when requested by the City.
11. Signing and striping shall conform to City and MUTCD standards.

Mr. Snyder advised the applicant is not providing a regional trail easement as the alignment of the trail has been moved off his property.

Bob Anderson, applicant, advised they are green builders. He presented color renderings of the project and a materials board. He advised the building will provide ADA access at each entrance.

Council Member Almquist inquired of the applicant if they would be participating in installation of a traffic signal.

Mr. Anderson replied that one was not needed at this time, but they may participate upon recommendation of the City in the future.

Council Member Bunker expressed appreciation to the applicant for working with the dinosaur museum on possible finds on the property to be developed.

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February 21, 2008
Page Seven

Council Member Almquist inquired about the knuckle east of the museum as it sticks out further than the curb extension.

Mr. Anderson advised the knuckle protrudes to the original right-of-way lane.

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

MOTION: A motion was made by Council Member Bunker to approve the zone change by ordinance subject to the recommendations of the Planning Commission and staff.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Almquist - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change request fron A-1 to RE-37.5 on 7.38 acres located at 3670 South Little Valley Road. Jim Raines, representative.

City Planner John Willis advised that A-1 zoning surrounds this request. The General Plan identifies the area for equestrian estate use. The proposed zoning conforms to the General Plan and Little Valley Master Plan. The difference between A-1 zoning and RE-37.5 zoning is only 2500 sq. ft. RE-37.5 zoning has animal rights. The Planning Commission recommends approval.

Council Member Shakespeare inquired about the width of Little Valley Road.

Community Development Director Bob Nicholson replied that it is 66' wide, with two travel lanes and a center lane at the intersection.

Jim Raines, Bush and Gudgell Engineering, explained the subject property is a remainder parcel in-between two subdivisions. The lots are 174' wide and do not have the depth required for the existing A-1 zone.

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

Council Member Bunker inquired if this would set a precedent for other properties in the area.

Mr. Nicholson replied that there are probably no other parcels squeezed in-between two existing subdivisions.

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

Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

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

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider amendments to Title 10, Chapters 5, 8, 7A, 7B, 7C, and 7D, St. George City Code, to define the circumstance in which churches would be a permitted use.

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February 21, 2008
Page Eight

Community Development Director Bob Nicholson explained that a year ago the City made a number of changes to the zoning code, one of which was to make public schools and churches permitted uses in most residential zones. However, it was never staff?s intent to allow existing homes to be converted into churches in a subdivision. He then read the proposed ordinance language.

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

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

Council Member Allen - aye
Council Member Bunker - aye
Council Member Almquist - aye
Council Member Pike - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance changing the zone from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East, and consider approval of a development agreement for a density bonus. Judd Palmer, applicant.

Mayor McArthur explained that a public hearing on this zone change was previously held and closed but the ordinance was not approved because the development agreement was not finalized.

Community Development Director Bob Nicholson explained the applicant is proceeding under the density bonus ordinance. The project consists of 3.12 homes per acre, with public streets. The applicant is dedicating and improving a 4.26 acre park. He has been working with the adjacent property owner to line up streets between the two subdivisions.

City Manager Gary Esplin expressed concern that the applicant, in the development agreement, proposes to develop the park in phase two of the project. He suggested the park property be dedicated in phase one. He stated the project is a good example of using the density bonus program to get increased density in exchange for a neighborhood park.

Shawn Guzman advised that bonding is required in the agreement, but not until the second phase.

Tim Frei, Premiere Design and Engineering, representing the applicant, stated he did not think the applicant would have a problem with dedicating the park in the first phase.

City Manager Gary Esplin advised the matter can be brought back before the City Council if there is a problem with this.

MOTION: A motion was made by Council Member Pike to approve the zone change by ordinance subject to approval of the development agreement and dedication of the park in the first phase.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Pike - aye
Council Member Bunker - aye
Council Member Almquist - aye
Council Member Allen - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an ordinance amending Title 7, Chapter 1, St. George City Code, to incorporate the City?s access management policy.


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February 21, 2008
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This item was tabled.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held February 12, recommended that a public hearing be scheduled for March 6 to consider an amendment to Title 10, St. George City Code, to add a new Chapter 25 for landscaping standards and to amend several other sections.

Council Member Pike inquired if input had been received from landscape architects in the community.

Mr. Nicholson replied that the Parks Department has had a number of meetings with SUHBA.

Council Member Almquist advised that this is middle ground compared to what other cities are doing, and while it does not go as far as some would like, it is a start.

MOTION: A motion was made by Council Member Almquist to set the public hearing as recommended.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

FINAL PLATS:
Todd Jacobsen advised that the Planning Commission recommends approval of four final plats: Mall Drive Road Dedication, Morningside Drive and Riverside Drive Roadway Dedication, The Residences at Green Valley Town Homes Phase 1, and Vista Del Cielo.

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

REQUEST FOR REASONABLE ACCOMMODATION:
Consider a request from TURN Community Services for a reasonable accommodation to allow a residential home for the disabled at 356 South 200 West in an R-1-8 zone.
Community Development Director Bob Nicholson explained that TURN Community Services provides services to the mentally and physically handicapped. They propose to construct a home at 356 South 200 West for up to eight people. The City?s zoning code was modified to be consistent with state law, providing that facilities for the disabled shall be permitted uses in all residential zones. He then read a letter from TURN?s attorney requesting relief from three provisions in the City?s Code: (1) that the home be owned by one of the residents, (2) that TURN certify by affidavit that no person in the home would constitute a direct threat to others, and (3) that the home be separated by at least 1,000 feet from a similar facility.

Mayor McArthur advised in his former neighborhood there was a disabled gentleman who went into people?s homes uninvited and caused alarm, and this type of behavior should be prevented.

City Manager Gary Esplin replied that this would then have to be prohibited from happening anywhere in a residential area, and could not apply just to the disabled. The City cannot impose conditions upon the disabled it does not require on the community as a whole.

Community Development Director Bob Nicholson advised that TURN is a non-profit group and titling property in the name of one resident would not be possible.

City Manager Gary Esplin advised that several of the statements in the attorney?s letter suggesting that the City?s requirements are discriminatory in nature are just opinions, and the City does not suggest that it agrees with them.

Mr. Nicholson advised that TURN is unaware of any similar facilities located within 1000' feet of their location.

City Manager Gary Esplin advised that City staff supports TURN?s request, and suggested that the request be approved with the first two exemptions the applicant requests.

City Attorney Shawn Guzman advised it is recognized that the handicapped generally cannot live alone so cities should look at making accommodations so they are able to live in a

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February 21, 2008
Page Ten

neighborhood. However, the City must ask if this is a reasonable number considering the totality of the circumstances. Staff has looked at it and said it is a reasonable accommodation for this group.

Mayor McArthur inquired how the residents would be screened.

Jan Parke, representing TURN, advised that the State caseworker determines eligibility. She explained that a disability is separate from a mental illness. Generally the people they serve do not wander, they have child-like behavior, and have never been a problem to the police or neighborhoods. Eight residents is all the State allows. Staff will be on the premises 24 hours a day and there will never be less then two or three staff present at all times. The office will also be staffed 24 hours a day.

Council Member Bunker inquired if a staff member would live on site.

Ms. Parke replied there is a staff rotation, and if the residents are all away from the home, the staff will be also as they go wherever the residents go.

Council Member Shakespeare commented she was glad that TURN changed its building design to resemble a home rather than apartments.

City Attorney Shawn Guzman advised if the City Council is inclined to approve the request, he would recommend that approval be made specific for TURN Community Services and for the specific uses in their application. If TURN were to terminate their use, any new applicant would have to come before the City Council for approval.

Ms. Parke advised that the home currently located on the property will be razed.

MOTION: A motion was made by Council Member Bunker to approve the reasonable accommodation with the stipulation that approval is specific to TURN Community Services and the specific uses listed in their application, and if they terminate their use, any new applicant will have to come before the City Council for approval.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to operate a preschool for up to 12 children in a home at 805 Escalante Drive. Mrs. Sarah Kerr, applicant.

City Planner Ray Snyder explained the preschool will be called ?ABC Academy?. The home is located in an R-1-10 zone. The applicant proposes 2.5 hour sessions, limited to ages three to five years old. The initial request is for two days a week in the morning, but she would like the City Council to consider in the future three morning classes and two afternoon classes. Two nearby residents have expressed opposition to the request. The HOA is not in opposition to the request. The Planning Commission recommends approval subject to the following conditions:

1. A maximum of 12 children.
2. A final fire inspection prior to operation and compliance with all Fire Dept. conditions.
3. Side gate shall be installed before operation.
4. The applicant shall work with the neighborhood to mitigate any drop off and pick up issues.
5. Outdoor play time shall be limited to 20 minutes per session.
6. Drop off and pick up times shall be staggered to reduce traffic.

The applicant agrees with the conditions. He explained that there is a discrepancy between two City ordinances, and until this is mitigated, the applicant has agreed to start with only five children.

Council Member Pike stated he did not like the 20 minute outdoor play time limitation and suggested it be removed.

City Manager Gary Esplin advised that if a problem arises, the matter can always be brought back to the City Council.

Council Member Shakespeare commented the reason the Planning Commission made this recommendation was because of noise.

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February 21, 2008
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Sarah Kerr, applicant, advised that the comments in opposition are from people who live far enough away they would never hear the children.

Council Member Bunker inquired of the applicant if she had to be licensed by the State.

Ms. Kerr replied that she would have to be liecnsed if the sessions were over 2.5 hours. She does however, have a teaching credential and will be getting preschool insurance. She advised there would be two adults present at all times.

MOTION: A motion was made by Council Member Pike to approve the conditional use permit, starting with five children until the ordinances are amended to not contradict each other, and then the applicant may have up to 12 children, and subject to the recommendations of the Planning Commission, but striking the outdoor play time limitation.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to construct a detached garage and hobby shop with a height up to 18 feet 6 inches located in the Pheasant Run Subdivision at 1298 W. Bloomington Drive #5. Mr. and Mrs. Crawford, applicants.

City Planner Ray Snyder presented a new drawing of the project. He explained the property is zoned PD and the applicant wishes to construct the garage in the sideyard, which complies with the ordinance. The HOA for Pheasant Run has approved the request. The Planning Commission feels only the adjacent property owners would be affected, and the opposition is not from the adjacent property owners, and they would not be able to see the garage from their property in any event. The Planning Commission recommends approval subject to the following conditions:

1. Height is approved for 18'6" to the maximum roof peak.
2. Materials and colors shall match the existing building as approved by the HOA.
3. No future fixtures shall be added to constitute a second dwelling unit.
4. There shall be no commercial activity in the garage or workshop.

Tad Border, general contractor for the applicants, introduced himself and inquired if the City Council had any questions for him.

Council Member Allen inquired of staff if a bathroom was allowed in the new garage.

Mr. Snyder replied that a bathroom is permitted, but the garage cannot be converted into a mother-in-law unit or second dwelling unit.

MOTION: A motion was made by Council Member Almquist to approve the conditional use permit subject to the recommendations of the Planning Commission, and accepting the new drawing.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit to establish an indoor family entertainment center in the Millcreek Industrial Park (M-2 zone) at 314 North 3050 East #B1. Mike Tippits, applicant.

City Planner Ray Snyder explained the Planning Commission determined that an indoor family entertainment center is similar to a recreational enterprise use which is a conditional use in an M-2 zone. He reviewed an overview of the business, hours of operation, and map of the site. He advised that there would be no food preparation on site. The applicant has a similar facility in northern Utah. The most common age using the facility is 6-14. Parents must sign a waiver for all children under 18. There will be three to four staff on site at all times. Occupancy will be determined by the Fire Department. There are 48 parking spaces which the Planning Commission feels is adequate. The Planning Commission recommends installation of speed bumps in the parking lot, safety signs, and a ratio of one staff member to every 20 children.

Mike Tippits, applicant, explained that most of the business is later in the evening when parents get off work. His goal is to provide a fun, safe and clean environment. He stated he would abide by all recommendations of the Planning Commission. He explained that all children must be

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February 21, 2008
Page Twelve

accompanied by a parent if under the age of 18; parents cannot drop their children off as parental supervision is required.

Mr. Snyder read one letter in opposition to the request.

Council Member Bunker inquired about outside lighting.

Mr. Tippits replied that outside lighting is adequate. Mr. Tippits advised that he has been on site a lot the past few days and has not seen a lot of traffic cut through the corner, nor a lot of people other than tenants of the building coming and going.

Mayor McArthur commented that the subject site is in a manufacturing zone, and forklifts are not compatible with speed bumps.

Mr. Tippits advised he hoped to be open for business by March 10.

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

HILLSIDE DEVELOPMENT PERMIT:
City Planner John Willis explained the request is for a hillside development permit for a four lot residential subdivision at Sir Monte Drive and Balboa Way to be known as the Richard Beveridge Parcel. Zoning is r-1-10. The Planning Commission recommends approval subject to the following recommendations:

1. Designation of a no-build, no-disturbance area of 27,000 sq. ft. on the plat.
2. Stacked rock shall not be used to support the roadway (cul-de-sac). Either an engineered pour-in-place concrete retaining wall system or engineered Geneva block may be used, approved by Development Services.
3. All walls shall comply with City ordinances.
4. Safety fencing around the cul-de-sac shall be provided for any elevation changes over 4'.
5. Temporary fencing shall be installed during all excavation to limit areas of disturbance according to the plat.
6. A maximum of 30% may be disturbed in the 20-29% slope range only. Only 5% may be disturbed in the 30-39% slope range.

Ms. Willis advised that the Hillside Review Board also recommended approval.

Council Member Almquist commented that pour-in-place walls are unsightly, and he suggested that the wall be colored or faced with rock.

Mr. Willis advised that the Hillside Review Board required that the cul-de-sac be brought in closer to the lots to reduce the amount of disturbance.

MOTION: A motion was made by Council Member Almquist to approve the hillside development permit with the stipulation that at a minimum, a pour-in-place concrete wall be colored, but it is preferred that it be paneled with an aggregate looking type of stone to give the appearance of stacked small stones to avoid an engineered look, and subject to the recommendations of the Planning Commission.
SECOND: The motion was seconded by Council Member Shakespeare.

City Attorney Shawn Guzman inquired of the City Council if they wanted the wall to be approved by staff.

City Planner John Willis commented that the ordinance requires any wall to match the surrounding area and addresses the colors of retaining walls.

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

DEVELOPMENT AGREEMENT:
Consider approval of a development agreement with TIC/Kiewit for the Millcreek generation expansion project.


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February 21, 2008
Page Thirteen

City Manager Gary Esplin explained that costs are going up significantly with regard to building the gas generation facility at the Millcreek plant. In order to meet the deadline the air permit must be obtained, and in order to do this an order must be placed with GE for two turbines by mid-March, or the City will lose its position and deposit in addition to losing a year while costs continue to rise. Staff feels it can improve on assembly by entering into a development agreement with a group who works with GE on other projects as a construction partner. The amount of the contract is not to exceed $100,000 which will go toward engineering costs the City would have in any event.

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

AGREEMENT:
Consider approval of the UAMPS Payson Power Project Absolute Assignment Agreement.
This item was tabled.

EASEMENT:
Consider approval of a temporary construction easement for UDOT in South Main Street.

City Manager Gary Esplin explained that as part of the South Main widening project, there exists some right-of-way which is not needed by the City but is needed by UDOT. According to UDOT?s policy, they have to offer value for use of the easement, which is $7,800. However, since this is a joint project with the City, staff recommends that the City allow use of the easement but not require any payment from UDOT.

MOTION: A motion was made by Council Member Almquist to approve use of the easement.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

ACCESS MANAGEMENT POLICY:

This item was tabled.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held January 31, 2008.

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

Consider approval of the minutes of the regular City Council meeting held February 7, 2008.

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

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

Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Bunker - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.
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February 21, 2008
Page Fourteen

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




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Gay Cragun, City Recorder